[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)][Notices]
[Pages 23297-23300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-09698]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0858]
Permit-Required Confined Spaces; Extension of the Office of
Management and Budget's (OMB) Approval of Collection of Information
(Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
collection of information requirements contained in the Standard on
Permit-Required Confined Spaces (29 CFR 1910.146).
DATES: Comments must be submitted (postmarked, sent, or received) by
June 26, 2015.
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit your comments and attachments
to the OSHA Docket Office, Docket No. OSHA-2011-0858, Occupational
Safety and Health Administration, U.S. Department of Labor, Room N-2625,
200 Constitution Avenue NW., Washington, DC 20210. Deliveries (hand,
express mail, messenger, and courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2011-0858) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at http://www.regulations.gov. For further
information on submitting comments see the "Public Participation"
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You also may contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing collection of
information requirements in accord with the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The purpose of the collection of information requirements specified
in the Permit-Required Confined Spaces Standard is to ensure that
employers systematically evaluate the dangers in permit spaces before
entry is attempted, and to ensure that adequate measures are taken to
make the spaces safe for entry. Section 1910.146(c)(2) requires the
employer to post danger signs to inform exposed employees of the
existence and location of, and the dangers posed by, permit spaces.
Section 1910.146(c)(4) requires the employer to develop and
implement a written "permit-space program" when the employer decides
that its employees will enter permit spaces. The written program is to
be made available for inspection by employees and their authorized
representatives. Section 1910.146(d) provides the employer with the
requirements of a permit-required confined space program.
Section 1910.146(c)(5)(i)(E) requires that the determinations and
supporting data specified by paragraphs (c)(5)(i)(A), (c)(5)(i)(B), and
(c)(5)(i)(C) of this section are documented by the employer and are
made available to each employee who enters a permit space or to that
employee's authorized representative.
Under paragraph (c)(5)(ii)(H) of Sec. 1910.146, the employer is
required to verify that the space is safe for entry and that the pre-
entry measures required by paragraph (c)(5)(ii) of this section have
been taken, using a written certification that contains the date, the
location of the space, and the signature of the person providing the
certification. The certification is to be made before entry and is
required to be made available to each employee entering the space or to
that employee's authorized representative.
Section 1910.146(c)(7)(iii) requires the employer to document the
basis for determining that all hazards in a permit space have been
eliminated using a certification that contains the date, the location
of the space, and the signature of the person making the determination.
The certification is to be made available to each employee entering the
space or to that employee's authorized representative.
Section 1910.146(c)(8)(i) requires that the employer inform the
contractor that the workplace contains permit spaces and that permit
space entry is allowed only through compliance with a permit space
program meeting the requirements of this section. Section
1910.146(c)(8)(ii) requires that the employer apprise the contractor of
the elements, including the hazards identified and the host employer's
experience with the space, that make the space in question a permit
space. Section 1910.146(c)(8)(iii) requires that the employer apprise
the contractor of any precautions or procedures that the host employer
has implemented for the protection of employees in or near permit
spaces where contractor personnel will be working. Section
1910.146(c)(8)(v) requires the employer to debrief the contractor at
the conclusion of the entry operations regarding the permit space
program followed and regarding any hazards confronted or created in
permit spaces during entry operations.
Section 1910.146(c)(9)(iii) requires that the contractor inform the
host employer of the permit space program that the contractor will
follow and of any hazards confronted or created in permit spaces,
either through a debriefing or during the entry operation.
Section 1910.146(d)(5)(vi) requires the employer to immediately
provide each authorized entrant or that employee's authorized
representative with the results of any testing conducted in accord with
paragraph (d) of the Standard.
Section 1910.146(d)(14) requires employers to review the permit
space program, using the canceled permits retained under paragraph
(e)(6) within 1 year after each entry and revise the program as
necessary, to ensure that employees participating in entry operations
are protected from permit space hazards.
Section 1910.146(e)(1) requires the employer to document the
completion of measures required by paragraph (d)(3) by preparing an
entry permit before employee entry is authorized. Paragraph (f) of
Sec. 1910.146 specifies the information to be included on the entry
permit. Paragraph (e)(3) requires that the employer make the completed
permit available at the time of entry to all authorized entrants by
posting the permit at the entry portal or by any other equally effective
means, so that the entrants can confirm that pre-entry preparations have
been completed. Paragraph (e)(6) requires the employer to retain each
canceled entry permit for at least one year; any problems encountered
during an entry operation must be noted on the pertinent permit so that
revisions to the permit space program can be made.
Section 1910.146(g)(4) requires that the employer certify that the
training required by paragraphs (g)(1) through (g)(3) has been
accomplished by preparing a written certification record.
Section 1910.146(h)(3) requires the employer to ensure that all
authorized entrants communicate with the attendant as necessary to
enable the attendant to monitor entrant status and to enable the
attendant to alert entrants of the need to evacuate the space as
required by paragraph (l)(6) of the Standard. Section 1910.146(h)(4)
requires the employer to ensure that all authorized entrants alert the
attendant whenever the entrant recognizes any warning sign or symptom
of exposure to a dangerous situation (paragraph ((h)(4)(i)), or the
entrant detects a prohibited condition (paragraph (h)(4)(ii)).
Section 1910.146(i)(5) requires the employer to ensure that each
attendant communicate with authorized entrants as necessary to monitor
entrant status and to alert entrants of the need to evacuate the space
under the conditions specified in paragraphs (i)(6)(i)-(i)(6)(iv) of
the Standard. Section 1910.146(i)(7) requires the employer to ensure
that the attendant summon rescue and other emergency services as soon
as the attendant determines that authorized entrants may need
assistance to escape from permit space hazards. Section 1910.146(i)(8)
requires that the employer ensure that the attendant warn unauthorized
persons that they must stay away from the permit space (paragraph
(i)(8)(i)); advise unauthorized persons that they must exit immediately
if they have entered the permit space (paragraph (i)(8)(ii)); and
inform authorized entrants and the entry supervisor if unauthorized
persons have entered the permit space (paragraph (i)(8)(iii)).
Section 1910.146(j)(2) requires the employer to ensure that each
entry supervisor verifies, by checking that the appropriate entries
have been made on the permit, that all tests specified by the permit
have been conducted and that all procedures and equipment specified by
the permit are in place before endorsing the permit and allowing entry
to begin.
Section 1910.146(k)(1)(i) requires the employer to evaluate a
prospective rescuer's ability to respond to a rescue summons in a
timely manner, considering the hazard(s) identified; Section
1910.146(k)(1)(ii) requires the employer to evaluate a prospective
rescue service's ability, in terms of proficiency with rescue-related
tasks and equipment, to function appropriately while rescuing entrants
from the particular permit space or types of permit spaces identified.
Section 1910.146(k)(1)(iv) requires that the employer inform each
rescue team or service of the hazards they may confront when called on
to perform rescue at the site. Section 1910.146(k)(1)(v) requires that
the employer provide the rescue team or service selected with access to
all permit spaces from which rescue may be necessary so that the rescue
service can develop appropriate rescue plans.
Section 1910.146(k)(4) requires that if an injured entrant is
exposed to a substance for which a "Material Safety Data Sheet"
(MSDS) [now referred to as an SDS (Safety Data Sheet)] or other similar
written information is required to be kept at the worksite, that the
employer make the MSDS or written information available to the medical
facility treating the exposed entrant.
Section 1910.146(l)(1) requires that employers consult with
affected employees and their authorized representatives on the
development and implementation of all aspects of the permit space
program required by paragraph (c). Section 1910.146(l)(2) requires that
employers make all information required to be developed by this section
available to affected employees and their authorized representatives.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed collection of information
requirements are necessary for the proper performance of the Agency's
functions, including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the collection of information requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
collected; and
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
The Agency is requesting an adjustment increase of 78,602 burden
hours (from 1,433,443 to 1,512,045 burden hours). The Agency's
estimates, based on updated data, that the number of establishments and
workers affected by the Standard have decreased; however, this
reduction is partially off-set by the inclusion of burden hours and
costs associated with the newly-identified collection of information
requirement related to annual review of the written permit space entry
program and cancelled permits.
Type of Review: Extension of a currently approved collection.
Title: Permit-Required Confined Spaces (29 CFR 1910.146).
OMB Number: 1218-0203.
Affected Public: Business or other for-profits.
Number of Respondents: 1,303,846.
Frequency of Response: On occasion.
Total Responses: 7,977,651.
Average Time per Response: Varies from one minute (.02 hour) to
maintain a certificate to 16 hours to develop a written permit-space
entry program.
Estimated Total Burden Hours: 1,512,045.
Estimated Cost (Operation and Maintenance): $0.
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile; or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for this ICR (Docket No. OSHA-2011-0858).
You may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
Comments and submissions are posted without change at http://
www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as their social security number
and date of birth. Although all submissions are listed in the
http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's "User Tips" link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.
V. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).
Signed at Washington, DC, on April 22, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-09698 Filed 4-24-15; 8:45 am]
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