[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Notices]
[Pages 57944-57946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15510]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0858]
Permit-Required Confined Spaces Standard; Extension of the Office
of Management and Budget's (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 the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Permit-Required
Confined Spaces Standard.
DATES: Comments must be submitted (postmarked, sent, or received) by
September 16, 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 websites. 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-2011-0858) 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 following sections describe who uses the information collected
under each requirement, as well as how they use it. The purpose of
these requirements 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 1920.146(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)(C) of
this section are
documented by the employer and are made available to each employee who
enters a permit space of 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 (1)(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)(l)(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)(l)(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)(l)(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)(l)(v) 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)(l)(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 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, and
transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend the approval of the information
collection requirements contained in the Permit-Required Confined
Spaces Standard. The agency is requesting an adjustment increase in
burden hours from 2,076,039 hours to 2,110,225 hours, a difference of
34,186 hours. This increase is due to the increase in the number of
permit space entrants from 1,488,877 to 1,505,672, and due to the
increase in the number of establishments with permit spaces from
214,994 to 221,852. It is also related to the adjustment of the
estimated percentage of establishments assumed to incur burden hour
costs conducting atmospheric monitoring and testing.
OSHA will summarize the comments submitted in response to this
notice and will include this summary in the request to OMB to extend
the approval of the information collection requirements.
Type of Review: Extension of a currently approved collection.
Title: Permit-Required Confined Spaces Standard.
OMB Control Number: 1218-0203.
Affected Public: Business or other for-profits.
Number of Respondents: 221,852
Number of Responses: 14,169,717.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours: 2,110,225.
Estimated Cost (Operation and Maintenance): $665,700.
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; or (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 (Docket No. OSHA-2011-0858). You may supplement
electronic submission 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 submission, 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 July 9, 2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-15510 Filed 7-15-24; 8:45 am]
BILLING CODE 4510-26-P
