80 FR 23297 - Permit-Required Confined Spaces; Extension of the Office of Management and Budget's (OMB) Approval of Collection of Information (Paperwork) Requirements

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 80, Issue 80 (April 27, 2015)

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).

[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23297-23300]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09698]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

[[Page 23298]]

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

[[Page 23299]]

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://

[[Page 23300]]

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]
 BILLING CODE 4510-26-P