[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 45019-45025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11203]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2017-0014]
Confined Spaces in Construction Industry Standard; Extension of
the Office of Management and Budget (OMB) Approval of Information
Collection (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 for the
information collection requirements specified in its Confined Spaces in
Construction Industry Standard.
DATES: Comments must be submitted (postmarked, sent, or received) by
July 22, 2024.
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov. Documents in the docket are
listed in the https://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627) for assistance in locating docket submissions.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2017-0014) for the Information Collection Request
(ICR). OSHA will place all comments, including any personal
information, in the public docket, which may be made available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as social security numbers and birthdates.
For further information on submitting comments, see the ``Public
Participation'' heading in the section of this notice titled
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202)
693-2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of the 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 information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (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, the collection instruments are clearly understood, and
OSHA's estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (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 effort in
obtaining information (29 U.S.C. 657).
The Standard specifies several information collection requirements.
The following sections describe who uses the information collected
under each requirement, as well as how they use it. Employers and
employees would use these information collection requirements when they
identify a confined space at a construction worksite. The purpose of
the information would permit employers and employees to systematically
evaluate the dangers in confined spaces before entry is attempted, and
to ensure that adequate measures have been implemented to make the
spaces safe for entry. In addition, the information collection
requirements of the Standard specify requirements for developing and
maintaining a number of records and other documents. Further, OSHA
compliance safety and health officers would need the information to
determine, during an inspection, whether employers are complying with
the requirements.
29 CFR 1926.1203--General Requirements
29 CFR 1926.1203(b)(1)--Informing Employees of Permit Required Confined
Spaces Dangers
Paragraph 1203(b)(1) requires employers who identify a permit
required confined space (PRCS) to post danger signs or take other
equally effective means to inform employees of the existence and
location of, and the danger posed by, permit spaces. The note following
paragraph 1203(b)(1) provides an example of the content of the optional
danger sign.
29 CFR 1926.1203(b)(2)--Informing Controlling Contractors and
Employees' Authorized Representatives About PRCS Hazards
Paragraph 1203(b)(2) requires employers to inform, in a timely
manner and in a manner other than posting, its employees' authorized
representatives and the controlling contractor, of the hazards of
confined spaces and the location of those spaces.
29 CFR 1926.1203(d)--Written Permit Space Program
Paragraph 1203(d) requires any employer that has employees who will
enter a confined space to have and implement a written permit confined
space program and to make the program available for inspection by
employees and their representatives. Employers may write detailed
permit space programs, while making the entry permits associated with
the written programs less specific than the programs, provided the
permits address the hazards of the particular space; conversely, the
program may be less specific than the entry permit, in which case the
employer must draft a detailed permit.
29 CFR 1926.1203(e)(1)(v) and 1926.1203(e)(2)(ix)--Alternate Procedure
Documentation and Availability
Paragraph 1203(e)(1) sets forth the six conditions that an employer
must meet before its employees can enter a permit space under the
alternate procedures specified in paragraph (e)(2).
Paragraph 1203(e)(1)(v) requires employers to document the initial
conditions before entry, including the determinations and supporting
data required by paragraphs (e)(1)(i) through (e)(1)(iii) of the
Standard (develop monitoring \1\ and inspection data that supports the
demonstrations required by paragraphs (e)(1)(i) and (e)(1)(ii), i.e.,
the elimination or isolation of physical hazards such that the only
hazard in the space is an actual or potential hazardous atmosphere, and
that continuous forced-air ventilation is sufficient to maintain the
space safe for entry), and make this documentation available to
employees who enter the spaces under the alternate procedures, or to
their authorized representatives.
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\1\ In this context, the final rule uses ``monitoring'' to match
the general industry language, and the term encompasses both the
initial testing of atmosphere and the subsequent measurements.
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In addition, paragraph 1203(e)(2)(ix) requires the employer to
verify that the permit space is safe for entry and that the employer
took the measures required by paragraph 1203(e)(2) (the procedures that
employers must follow for permit space entries made under paragraph
1203(e)(1)). The verification must be in the form of a certification
that contains the date, the location of the space, and the signature of
the certifying individual. The employer must make the alternate
procedure documentation of paragraphs (e)(1)(v) and (e)(2)(ix)
available to entrants or to their employees' authorized representatives
before entry.
29 CFR 1926.1203(e)(2)(viii)--Written Approval for Job-Made Hoisting
Systems
Paragraph 1203(e)(2)(vii) allows for the use of job-made hoisting
systems if a registered professional engineer approves these systems
for personnel hoisting prior to use in entry operations regulated by
Sec. 1926.1203(e). Unlike the proposed rule, the final rule requires
an engineer's approval to be in writing to ensure that the
specifications and limitations of use are conveyed accurately to the
employees implementing the job-made hoist, and that the approval can be
verified.
29 CFR 1926.1203(g)(3)--Certification of Former Permit Spaces as Non-
Permit Spaces
Paragraph 1203(g)(3) requires an entry employer seeking to
reclassify a space from permit to non-permit status to document the
basis for determining that it eliminated all permit space hazards
through a certification that contains the date, the location of the
space, and the signature of the certifying individual. In addition, the
employer must make the certification available to each employee
entering the space or his or her authorized representative. A
reevaluation aimed at reestablishing compliance with paragraph 1203(g)
will involve the demonstrations, testing, inspection, and documentation
required in paragraphs (g)(1) through (g)(3). The employer must
substantiate all determinations so that employers, employees, and the
agency have the means necessary to evaluate those determinations and
ensure compliance with the conditions that would enable the employer to
conduct entry operations using the alternate procedures specified by
Sec. 1926.1203 following reclassification.
29 CFR 1926.1203(h)--Permit Space Entry Communication and Coordination
In paragraph (h), OSHA designates the controlling contractor,
rather than the host employer, as the information hub for confined
spaces information-sharing and coordination because the controlling
contractor's function at a construction site makes it better situated
than the host employer (assuming that the host employer is not also the
controlling contractor) to contribute to and to facilitate a timely and
accurate information exchange among all employers who have employees
involved in confined space work. On a construction worksite, the
controlling contractor has overall authority for the site and is best
situated to receive and disseminate information about the previous and
current work performed there.
29 CFR 1926.1203(h)(1)--Pre-Entry Duties of Host Employer
Paragraph 1203(h)(1) requires the host employer to share with the
controlling contractor information that the host has about the location
of known permit spaces, the hazards or potential hazards in each space
or the reason it is a permit space, and any previous steps that it
took, or that other employers took, to protect workers from the hazards
in those spaces.
29 CFR 1926.1203(h)(2)--Pre-Entry Information-Sharing Duties of
Controlling Contractors
OSHA requires controlling contractors to obtain the information
specified in paragraph (h)(1) from the host employer (i.e., the
location of permit spaces, the known hazards in those spaces, and
measures employed previously to protect employees in that space). Then,
before permit space entry, it must relay that information to any entity
entering the permit space and to any entity whose activities could
foreseeably result in a hazard in the confined space. (See paragraph
1203(h)(2)(ii).) The controlling contractor must also share any other
information that it has gathered about the permit space, such as
information received from prior entrants.
29 CFR 1926.1203(h)(2)(i)--Controlling Contractor Obtains Information
From Host Employer
Paragraph 1203(h)(2)(i) requires the controlling contractor to
obtain from the host employer, before permit space entry, available
information regarding permit space hazards and previous entry
operations.
29 CFR 1926.1203(h)(2)(ii)--Controlling Contractor Provides Information
to Entities Entering a Permit Space and Other Entities at the Worksite
Paragraph 1203(h)(2)(ii)(A) and (B) require the controlling
contractor, before entry operations begin, to share with the entrants,
and any other entity at the worksite whose activities could foreseeably
result in a hazard in the permit space, the information that the
controlling contractor received from the host employer, as well as any
additional information the controlling contractor has about the topics
listed in paragraphs (h)(1)(i) through (iii) (i.e., the location of
permit spaces, the hazards in those spaces, and any previous efforts to
address those hazards).
Paragraph 1203(h)(2)(ii)(C) requires the controlling contractor,
before entry operations begin, to share with each specified entity any
precautions or procedures that the host employer, controlling
contractor, or any entry employer implemented earlier for the
protection of employees working in permit spaces.
29 CFR 1203(h)(3)--Pre-Entry Information-Sharing Duties of Entry
Employers
This provision sets forth the information-exchange requirements for
entry employers.
29 CFR 1926.1203(h)(3)(i)
Paragraph (h)(3)(i) requires an entry employer to obtain
information about the permit space entry operations from the
controlling contractor, and works with paragraph 1203(h)(2), which
requires the controlling contractor to share information about permit-
space entry operations with the entry employer.
29 CFR 1926.1203(h)(3)(ii)
Paragraph (h)(3)(ii) requires an entry employer to inform the
controlling contractor of the permit space program that the entry
employer will follow, including information about any hazards likely to
be confronted or created in each permit space. This exchange must take
place prior to entry to ensure that the controlling contractor is
informed of all the hazards in a timely manner and can take action, if
needed, to prevent an accident or injury before entry operations begin.
29 CFR 1926.1203(h)(4)--Coordination Duties of Controlling Contractors
and Entry Employers
Paragraph 1203(h)(4) requires controlling contractors and entry
employers to coordinate permit space entry operations in two
circumstances: (1) when more than one entity performs entry operations
at the same time, or (2) when permit space entry is performed at the
same time that any activities that could foreseeably result in a hazard
in the permit space are performed.
29 CFR 1926.1203(h)(5)--Post-Entry Duties of Controlling Contractors
and Entry Employers
Paragraph 1203(h)(5)(i) requires the controlling contractor to
debrief each entity that entered a permit space, at the end of entry
operations, about the permit space program followed, and any hazards
confronted or created in the permit space(s) during entry operations,
and then, as required by paragraph 1203(h)(5)(iii), relay appropriate
information to the host employer. Paragraph 1203(h)(5)(ii) requires the
entry employer to share the same information with the controlling
contractor in a timely manner.
29 CFR 1926.1203(i)--Absence of a Controlling Contractor
Paragraph 1203(i) provides that, in the event no employer meets the
definition of a controlling contractor on a particular worksite, the
host employer or other employer that arranges for permit space entry
work must fulfill the information exchange and coordination duties of a
controlling contractor.
29 CFR 1926.1204--Permit Required Confined Space Program
The agency requires each employer with employees who will enter a
permit space to have and implement a written permit space program at
the construction site (with the exception of ventilation-only entries
conducted in accordance with Sec. 1926.1203(e)). Also see discussion
of 29 CFR 1926.1203(d) and 29 CFR 1926.1212(a), requirements that
pertain to the written program.
As required elements of the written program, OSHA considers all
provisions of Sec. 1926.1204 to be information collection
requirements: e.g., 1204(a) (implementation of the measures necessary
to prevent unauthorized entry); 1204(b) (identification and evaluation
of the hazards of PRCSs); 1204(c) (safe permit space entry operations);
1204(d) (equipment); 1204(e) (evaluation of PRCS conditions during
entry operations); 1204(f) (attendant required); 1204(g) (attendant
emergency procedures); 1204(h) (designation of entry operation duties);
1204(i) (summoning rescue and emergency services procedures); 1204(j)
(system for cancellation of entry permits, including safe termination
of entry operations); 1204(k) (entry operation coordination
procedures); 1204(l) (entry operation conclusion procedures); 1204(m)
(entry operation review); and 1204(n) (permit space program review). In
addition, some provisions of Sec. 1926.1204 constitute information
collection requirements for reasons other than inclusion in the written
program, as described below.
29 CFR 1926.1204(c), (g), (h), (i), (j), (k) and (l))--Development of
Procedures
Paragraph 1926.1204(c) requires an employer to develop procedures
needed to facilitate safe entry operations into permit spaces. The
subparagraphs in 1204(c) provide specific elements of the required
procedures that employers must include in the permit program:
identifying safe entry conditions that employers must meet to initiate
and conduct the entry safely (paragraph (c)(1)); providing each
authorized entrant with the opportunity to observe monitoring or
testing (paragraph (c)(2)); isolating the PRCS (paragraph (c)(3));
purging, inerting, flushing, or ventilating the permit space (paragraph
(c)(4)); ensuring that monitoring devices will detect an increase in
atmospheric hazard levels in the event that the ventilation system
malfunctions, and to do so in adequate time for employees to safely
exit the space (paragraph (c)(5)); providing barriers to protect
entrants from external hazards (paragraph (c)(6)); verifying that
conditions are acceptable for entry and preventing employees from
entering the permit space with a hazardous atmosphere unless
demonstrating that personal protective equipment (PPE) will be
effective for each employee (paragraph (c)(7)); and eliminating any
conditions that could make it unsafe to remove an entrance cover
(paragraph (c)(8)). Before entry is authorized, each entry employer
must document the completion of these measures by preparing an entry
permit, as required by paragraph 1926.1205(a).
Under paragraphs 1204 (g) through (l), entry employers are also
required to develop procedures for: having an attendant respond to
emergencies affecting multiple permit spaces monitored (paragraph
1204(g)); specifying employees' name, confined space entry roles and
duties (paragraph 1204(h)); summoning rescue and emergency services,
rescuing entrants
from permit spaces, providing necessary emergency services to rescued
employees, preventing unauthorized personnel from attempting a rescue
(paragraph 1204(i)); cancelling entry permits (paragraph 1204(j));
coordinating entry operations (paragraph 1204(k)); and for terminating
an entry permit and entry operations (paragraph 1204(l)).
29 CFR 1926.1204(c)(3) and 1203(e)(1)(i)--Lockout/Tagout
Paragraphs 1204(c)(3) and 1203(e)(1)(i) (for PRCSs using alternate
procedures) require tagging in accordance with the definition of
``isolate'' or ``isolation'' (see paragraph 1202), which requires
employers to ``lockout or tagout . . . all sources of energy.''
29 CFR 1926.1204(e)(6)--Providing Testing and Monitoring Results to
Employees
Paragraph 1204(e)(6) requires each entry employer to immediately
provide the results of any testing conducted in accordance with
paragraph 1204 to each authorized entrant or that employee's authorized
representative.
29 CFR 1926.1204(m)--Review of Entry Operations and Revision of
Procedures When Inadequate
Paragraph 1204(m) requires each entry employer to review its permit
space program whenever the procedures are inadequate, and to revise
those procedures when necessary.
29 CFR 1926.1204(n)--Annual Review of Written Program
Paragraph 1204(n) requires each entry employer to review its permit
space program at least every year and make revisions to its procedures
as necessary. This provision requires an employer to review cancelled
permits within one year after each entry.
29 CFR 1926.1205--Permitting Process
An employer conducting a permit space entry must post an entry
permit outside the permit space to document the employer's efforts to
identify and control conditions in that permit space. Section 1205 sets
forth the required process for establishing entry permits and Sec.
1206 sets forth the required specific information that must be
identified on the permit.
29 CFR 1926.1205(a)--Preparing an Entry Permit
Paragraph 1205(a) requires each entry employer to prepare, prior to
entry into a PRCS, an entry permit containing all the information
specified in Sec. 1926.1204(c) (practices and procedures for ensuring
safe entry).
29 CFR 1926.1205(b) and 1926.1210(b)--Signing the Permit
Paragraph 1205(b) requires the entry supervisor to sign the permit
before entry begins. Similarly, paragraph 1926.1210(b) requires the
entry supervisor to verify that the employer performed all tests
specified by the entry permit, and that all procedures and equipment so
specified are in place before he or she may sign the permit and allow
entry. The paragraph also specifies that the entry supervisor must
verify this information by checking that the corresponding entries made
on the permit.
29 CFR 1926.1205(c)--Posting the Permit
Paragraph 1205(c) requires an employer to make the completed entry
permit available to all authorized entrants, or their authorized
representatives, at the time each employee enters the space, by posting
it at the entry portal or by any other equally effective means, so that
entrants can confirm that pre-entry preparations have been
accomplished.
29 CFR 1926.1205(f)--Retaining the Permit
Paragraph 1205(f) requires the employer to retain each entry permit
for at least 1 year to facilitate the review of the permit required by
paragraph 1926.1204(n) of the Standard. Any problems encountered during
an entry operation must be noted on the pertinent permit so that
appropriate revisions to the permit space program can be made.
Employers should list the problems encountered during entry resulting
in the cancellation or suspension of a permit on the entry permit.
29 CFR 1926.1206--Entry Permit
An employer conducting a permit space entry must post an entry
permit outside the permit space to document the employer's efforts to
identify and control conditions in that permit space (see Sec.
1926.1205(c)).
29 CFR 1926.1206 (a)-(p) and 29 CFR 1926.1209(c)--Contents of the
Permit
Paragraphs 1206(a)-(p) and 1926.1209(c) set forth the information
which must be identified on the permit. Paragraph 1206(a) requires the
employer to identify the permit space workers are planning to enter.
Paragraph 1206(b) requires the employer to record the purpose of the
entry. This information must be sufficiently specific, such as
identifying specific tasks or jobs that employees are to perform within
the space, to confirm that the employer considered performance of each
specific construction activity in the hazard assessment of the PRCS.
Paragraph 1206(c) requires the employer to record the date and
authorized duration of the planned entry. Paragraph 1206(d) requires
the employer to record the identity of the authorized entrants so that
the attendant is capable of safely overseeing the entry operations.
Employers can meet this requirement by referring in the entry permit to
a system such as a roster or tracking system used to keep track of who
is currently in the PRCS. Under paragraph 1206(e), when a permit
program requires ventilation, OSHA requires employers to ensure that
they have a monitoring system in place that will alert employees of
increased atmospheric hazards in the event the ventilation system stops
working. (See Sec. 1926.1204(c)(5).) This provision requires the
employer to record the means of detecting an increase in atmospheric-
hazard levels if the ventilation system stops working. Paragraph
1206(f) requires the employer to record the names of each attendant
required to be stationed outside each permit space for the duration of
entry operations. Paragraph 1206(g) requires the employer to record the
name of each employee currently serving as entry supervisor. Paragraph
1206(h) requires the employer to record the hazards associated with the
planned confined space entry operations. This list must include all
hazards, regardless of whether the employer protects the authorized
entrants from the hazards by isolation, control, or PPE. Paragraph
1206(i) requires the employer to record the measures used to isolate or
control the hazards prior to entry. Paragraph 1206(j) requires the
employer to specify the acceptable entry conditions. Paragraph (j) also
requires employers, when applicable, to provide the ventilation
malfunction determinations made in paragraph (c)(5) of Sec. 1926.1204.
Paragraph 1206(k) requires the employer to record the dates, times, and
results of the tests and monitoring performed prior to entry, and the
names or initials of the individual/s who performed each test.
Employers also must include the initial entry monitoring results on the
entry permit; these results serve as a baseline for subsequent
measurements. Paragraph 1206(l) requires the employer to identify the
rescue and emergency services required by the Standard, and the means
by which these services will be summoned when needed. In some cases, an
employer must include
pertinent information, such as communication equipment and emergency
telephone numbers, on the permit to sufficiently identify the means by
which the rescue services will be summoned. Paragraph 1206(m) requires
the employer to record all the methods of communication used by
authorized entrants and attendants during entry operations. Paragraph
1206(o) requires the employer to record any additional information
needed to ensure safe confined space entry operations. Paragraph
1206(p) requires the employer to record information about any other
permits, such as for hot work, issued for work inside the confined
space. If the employer identifies additional permits, these additional
permits may be, but are not required to be, attached to the entry
permit.
29 CFR 1926.1207(d)--Training Records
Under paragraph 1207(d), employers must maintain training records.
In addition, the employer record must contain the names of each
employee trained, the trainer's name, and the dates of training, and
the employer must make these records available for inspection by
employees and their authorized representatives for the period of time
that the employee is employed by the employer. This documentation can
take any form that reasonably demonstrates the employee's completion of
the training.
29 CFR 1926.1208--Duties of Authorized Entrants
29 CFR 1926.1208(c)/29 CFR 1926.1208(d)--Communicate With Attendant
Paragraph 1208(c) requires an employer to ensure that an authorized
entrant communicates effectively with the attendant to facilitate the
assessment of entrant status and timely evacuation as required by Sec.
1209(f).
Paragraph 1208(d) requires an employer to ensure that an authorized
entrant alerts the attendant whenever one of the following
circumstances in paragraphs 1926.1208(d)(1)-(2) arises: (1) There is a
warning sign or symptom of exposure to a dangerous situation; or (2)
the entrant recognizes a prohibited condition. In some instances, a
properly trained authorized entrant may be able to recognize and report
his/her own symptoms, such as headache, dizziness, or slurred speech,
and take the required action. In other cases, the authorized entrant,
once the effects begin, may be unable to recognize or report them. In
these latter cases, this provision requires that other, unimpaired,
authorized entrants in the PRCS, who employers must properly train to
recognize signs, symptoms, and other hazard exposure effects in other
authorized entrants, report these effects to the attendant.
29 CFR 1926.1209--Duties of Attendants
29 CFR 1926.1209(e)--Communicate with Authorized Entrants
Paragraph 1209(e) requires the attendant to communicate with
authorized entrants as necessary to assess and keep track of the
entrants' status and to notify entrants if evacuation under paragraph
1926.1209(f) of the Standard is necessary. Use of the word ``assess''
connotes an interactive duty in which the attendant may ask questions
of the entrant or ask the entrant to perform a task so that the
attendant can evaluate the entrant's status.
29 CFR 1926.1209(f)--Order Evacuation
Paragraph 1926.1209(f) requires the attendant to assess the
activities and conditions inside and outside the space to determine if
it is safe for entrants to stay in the space. OSHA requires the
attendant to evacuate the permit space under any of the four
``conditions'' listed in paragraphs 1926.1209(f)(1) through (f)(4): (1)
the attendant notices a prohibited condition, (2) the attendant
identifies the behavioral effects of hazard exposure in an authorized
entrant, (3) there is a condition outside the space that could endanger
the authorized entrants, or (4) the attendant cannot effectively and
safely perform the duties required under Sec. 1926.1209. If the
attendant notices a condition or activity outside the space not
addressed by the entry coordination procedures, then the attendant or
entry supervisor could, directly or through the controlling contractor,
seek to correct the condition or stop the activity (such as described
in the example above). If the attendant cannot address the situation
immediately, then the attendant must order the entrants to evacuate the
permit space until the employer resolves the problem.
29 CFR 1926.1209(g)--Summon Rescue Services
Paragraph 1209(g) requires the attendant to call upon rescue and
other emergency services as soon as he or she decides that authorized
entrants may need assistance to escape from permit space hazards.
29 CFR 1926.1209(h)--Entry Employer Duties
Paragraph 1209(h) requires the attendant to take the actions
specified in Sec. 1926.1209(h)(1) through (h)(3) to prevent
unauthorized persons from entering a permit space while entry is taking
place.
29 CFR 1926.1209(h)(1)--Warn Non-Authorized Entrants To Stay Away
If someone other than an authorized entrant happens to approach the
PRCS, paragraph 1209(h)(1) specifies that the attendant must make that
individual aware that he/she must stay away from the PRCS. Some
construction sites may be accessible to the public, so the attendant
also would be responsible for warning members of the public who may
attempt to enter a permit space at the site.
29 CFR 1926.1209(h)(2)--Advise Non-Authorized Entrants To Exit the PRCS
Immediately
Paragraph (h)(2) requires the attendant, should an unauthorized
person enter the PRCS, to advise him/her to exit the space immediately.
29 CFR 1926.1209(h)(3)--Notify the Entry Supervisor of Unauthorized
Persons in the PRCS
Paragraph (h)(3) requires the attendant to notify the entry
supervisor, along with the authorized entrants, of unauthorized persons
who have entered the PRCS.
29 CFR 1926.1210--Duties of Entry Supervisors
Paragraph 1210(b) is described above in the discussion of paragraph
1205(a). Paragraph 1210(d) is described below in the discussion of
paragraph 1211(c).
29 CFR 1926.1211--Rescue and Emergency Services
29 CFR 1926.1211(a)(1) and (a)(2)--Assess Prospective Rescue Service's
Response Abilities
Paragraph 1211(a)(1) requires an employer to assess a prospective
rescue service's ability to respond to a rescue summons in a timely
manner. Paragraph 1211(a)(2) requires an employer to assess a
prospective rescue service's ability to provide adequate and effective
rescue services. In evaluating a prospective rescue provider's ability,
the employer also must consider the willingness of the service to
become familiar with the particular hazards and circumstances faced
during its permit space entries. Paragraphs (a)(4) and (a)(5) of Sec.
1926.1211 require the employer to provide its designated rescuers with
information about its confined spaces and access to those spaces to
allow the rescuers to develop appropriate rescue plans and to perform
rescue drills.
29 CFR 1926.1211(a)(4)--Communicate With Rescue Services
Paragraph 1211(a)(4) requires an employer to inform the designated
rescue service of the known hazards associated with the permit space in
the event that a rescue becomes necessary. To meet the requirements of
this provision, the employer would have to inform the rescue service
prior to issuing a permit that the employer selected the service to
rescue its employees in the event of an emergency, and that the
employer is relying on the rescue services to perform these rescues
when necessary. Compliance with this paragraph, as well as with
paragraphs (a)(1) and (a)(2) of this section, often requires the
employer to provide this information to the rescue service immediately
prior to each permit space entry. Similarly, if an entry involves
hazards not usually encountered by the rescue service, or hazards or a
configuration that would require the rescue service to use equipment
that it does not always have available, then the employer would have to
notify the rescue service of these hazards and conditions prior to
beginning the entry operation.
29 CFR 1926.1211(a)(5)--Develop a Rescue Service Plan
Paragraph 1211(a)(5) requires an employer to provide the designated
rescue team or service with access to all permit spaces from which the
rescue may need to perform a rescue so that the rescue team or service,
whether in-house or third party, can develop appropriate rescue plans.
29 CFR 1926.1210(d) and 29 CFR 1926.1211(c)--Confirm Rescue Service
Availability
If an entry employer determines that it will use non-entry rescue,
it must confirm, prior to entry, that emergency assistance will be
available in the event that non-entry rescue fails. Likewise, paragraph
1210(d) requires the entry supervisor to verify that rescue services
are available, and that the means for obtaining such services are
operable.
29 CFR 1926.1211(d)--Provide Safety Data Sheet (SDS) to Treating
Medical Facilities
Paragraph 1211(d) requires an employer to provide relevant
information about a hazardous substance to a medical facility treating
an entrant exposed to the hazardous substance if the substance is one
for which the employer must keep a SDS or other similar information at
the worksite.
29 CFR 1926.1212--Employee Participation
29 CFR 1926.1212(a)--Consult With Employees/Authorized Representatives
on Development and Implementation of a Written Program
Paragraph 1212(a) requires employers to consult with affected
employees and their authorized representatives in the development and
implementation of the written permit space program required by Sec.
1926.1203
29 CFR 1926.1212(b)--Employee Access
Paragraph 1212(b) requires that affected employees and their
authorized representatives have access to all information developed
under this standard. Other sections of this standard already
specifically require that employers make information available to
employees and their representatives. These provisions include
Sec. Sec. 1926.1203(d) (written program); 1203(e)(1)(v) and (e)(2)(ix)
(alternate procedure certification); 1203(g) (reclassification
certification); 1204(e)(6) (monitoring and testing results); 1205(c)
(completed permit); and 1207(d) (training records).
29 CFR 1926.1213--Disclosure
Paragraph 1213 requires an employer, who must retain documentation
under the Standard, to make this information available to the Secretary
of Labor, or a designee, upon request. The request from the Secretary
or the Secretary's designee (for example, OSHA) may be either oral or
written.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions to protect
workers, including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection 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
OSHA is requesting that OMB extend the approval of the information
collection requirements contained in the Confined Spaces in
Construction Industry standard. There is no change in burden hours.
There was a miscalculation in the last ICR for the total number of
responses (previous ICR was recorded as 4,392,664 and should be
4,389,056). But, this miscalculation does not change the overall burden
hours for this current ICR package. The costs are adjusted due to
updated calculations.
Type of Review: Extension of a currently approved collection.
Title: Confines Spaces in Construction Industry Standard.
OMB Control Number: 1218-0258.
Affected Public: Business or other for-profits.
Number ofRespondents: 32,510.
Total Responses: 4,389,056.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 706,653.
Estimated Cost (Operation and Maintenance): $1,100,529.
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 https://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); if your comments, including
attachments, are not longer than 10 pages you may fax them to the OSHA
Docket Office at (202) 693-1648. All comments, attachments, and other
material must identify the agency name and the OSHA docket number for
the ICR (OSHA-2017-0014). You may supplement electronic submissions by
uploading document files electronically.
Comments and submissions are posted without change at https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the https://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-
5627) for information about materials not available from the website,
and for assistance in using the internet to locate docket submissions.
V. Authority and Signature
James S. Frederick, Deputy 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. 8-2020
(85 FR 58393).
Signed at Washington, DC, on May 17, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-11203 Filed 5-21-24; 8:45 am]
BILLING CODE 4510-26-P
