80 FR 44386 - Traylor Bros., Inc., Application for Permanent Variance and Interim Order; Grant of Interim Order; Request for Comments
DEPARTMENT OF LABOR
Occupational Safety and Health Administration Federal Register Volume 80, Issue 143 (July 27, 2015)
Occupational Safety and Health Administration
Federal Register Volume 80, Issue 143 (July 27, 2015)
| Page Range | 44386-44398 | |
| FR Document | 2015-18319 |
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)] [Notices] [Pages 44386-44398] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18319] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2012-0035] Traylor Bros., Inc., Application for Permanent Variance and Interim Order; Grant of Interim Order; Request for Comments AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: In this notice, OSHA announces the application of Traylor Bros., Inc., for a permanent variance and interim order from the provisions of OSHA standards that regulate work in compressed-air environments at 29 CFR 1926.803 and presents the Agency's preliminary finding to grant the permanent variance. OSHA also announces its grant of an interim order in this notice. OSHA invites the public to submit comments on the variance application to assist the Agency in determining whether to grant the applicant a permanent variance based on the conditions specified in this application. DATES: Submit comments, information, documents in response to this notice, and request for a hearing on or before August 26, 2015. The interim order specified by this notice becomes effective on July 27, 2015, and shall remain in effect until the interim order is modified or revoked. ADDRESSES: Submit comments by any of the following methods: 1. Electronically: Submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for making electronic submissions. 2. Facsimile: If submissions, including attachments, are not longer than 10 pages, commenters may fax them to the OSHA Docket Office at (202) 693-1648. 3. Regular or express mail, hand delivery, or messenger (courier) service: Submit comments, requests, and any attachments to the OSHA Docket Office, Docket No. OSHA-2012-0035, Technical Data Center, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 20210; telephone: (202) 693-2350 (TDY number: (877) 889- 5627). Note that security procedures may result in significant delays in receiving comments and other written materials by regular mail. Contact the OSHA Docket Office for information about security procedures concerning delivery of materials by express mail, hand delivery, or messenger service. The hours of operation for the OSHA Docket Office are 8:15 a.m.-4:45 p.m., e.t. 4. Instructions: All submissions must include the Agency name and the OSHA docket number (OSHA-2012-0035). OSHA places comments and other materials, including any personal information, in the public docket without revision, and these materials will be available online at http://www.regulations.gov. Therefore, the Agency cautions commenters about submitting statements they do not want made available to the public, or submitting comments that contain personal information (either about themselves or others) such as Social Security numbers, birth dates, and medical data. 5. Docket: To read or download submissions 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 are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site.\1\ All submissions, including copyrighted material, are available for inspection at the OSHA Docket Office. Contact the OSHA Docket Office for assistance in locating docket submissions. --------------------------------------------------------------------------- \1\ Traylor indicated that the decompression tables it intends to use for decompression with trimix are proprietary. Therefore, these tables are not available in the docket. --------------------------------------------------------------------------- 6. Extension of Comment Period: Submit requests for an extension of the comment period on or before August 26, 2015 to the Office of Technical Programs and Coordination Activities, Variance Program, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-1644. FOR FURTHER INFORMATION CONTACT: Information regarding this notice is available from the following sources: Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]. General and technical information: Contact Mr. Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: (202) 693-2110; email: [email protected]. OSHA's Web page includes information about the Variance Program (see http://www.osha.gov/dts/otpca/variances/index.html). SUPPLEMENTARY INFORMATION: Copies of this Federal Register notice. Electronic copies of this Federal Register notice are available at http://www.regulations.gov. This Federal Register notice, as well as news releases and other relevant information, also are available at OSHA's Web page at http://www.osha.gov. Hearing Requests. According to 29 CFR 1905.15, hearing requests must include: (1) A short and plain statement detailing how the proposed variance would affect the requesting party; (2) a specification of any statement or representation in the variance application that the commenter denies, and a concise summary of the evidence adduced in support of each denial; and (3) any views or arguments on any issue of fact or law presented in the variance application. I. Notice of Application On April 26, 2012, Traylor Bros., Inc., 835 N. Congress Ave., Evansville, IN 47715, and Traylor/Skanska/Jay Dee Joint Venture, Blue Plains Tunnel, 5000 Overlook SW., Washington, DC 20032, submitted under Section 6(d) of the Occupational Safety and Health Act of 1970 (``OSH Act''; 29 U.S.C. 655) and 29 CFR 1905.11 (``Variances and other relief under section 6(d)''), an application for a permanent variance from several provisions of the OSHA standard that regulates work in compressed air at 29 CFR 1926.803. OSHA is addressing this request as two separate applications: (1) Traylor Bros., Inc. (``Traylor'' or ``the applicant'') request for a permanent variance for future tunneling projects; and (2) Traylor/Skanska/Jay Dee Joint Venture, Blue Plains Tunnel (``Traylor JV''). This notice only addresses the Traylor application for an interim order and permanent variance for future tunneling projects. This notice does not address [[Page 44387]] the Traylor JV application for the Blue Plains Tunnel Project, which OSHA granted on March 27, 2015 (80 FR 16440). Specifically, this notice addresses Traylor's application for a permanent variance and interim order, applicable to future tunneling projects, from the provisions of the standard that: (1) Prohibit compressed-air worker (CAW) exposure to pressures exceeding 50 pounds per square inch (p.s.i.) except in an emergency (29 CFR 1926.803(e)(5)); \2\ (2) require the use of the decompression values specified in decompression tables in Appendix A of the compressed-air standard for construction (29 CFR 1926.803(f)(1)); and (3) require the use of automated operational controls and a special decompression chamber (29 CFR 1926.803(g)(1)(iii) and .803(g)(1)(xvii), respectively). --------------------------------------------------------------------------- \2\ The decompression tables in Appendix A of subpart S express the maximum working pressures as pounds per square inch gauge (p.s.i.g.), with a maximum working pressure of 50 p.s.i.g. Therefore, throughout this notice, OSHA expresses the 50 p.s.i. value specified by Sec. 1926.803(e)(5) as 50 p.s.i.g., consistent with the terminology in Appendix A, Table 1 of subpart S. --------------------------------------------------------------------------- The applicant is a contractor that works on complex tunnel projects using recently developed equipment and procedures for soft-ground tunneling. The applicant's workers engage in the construction of tunnels using advanced shielded mechanical excavation techniques in conjunction with an earth pressure balanced tunnel boring machine (EPBTBM). According to its application, Traylor is likely to be the sole contractor, as well as the general contractor in association with future Joint Venture partners for the construction of future tunnels at various sites throughout the nation. Traylor asserts that generally, it bores tunnels (i.e., Blue Plains, as well as future tunnels) below the water table through soft soils consisting of clay, silt, and sand. Traylor employs specially trained personnel for the construction of the tunnel, and states that this construction will use shielded mechanical-excavation techniques. Traylor asserts that its workers perform hyperbaric interventions at pressures greater than 50 p.s.i.g. in the excavation chamber of the EPBTBM; these interventions consist of conducting inspections and maintenance work on the cutter-head structure and cutting tools of the EPBTBM. Traylor asserts that innovations in tunnel excavation, specifically with EPBTBMs, have, in most cases, eliminated the need to pressurize the entire tunnel. This technology negates the requirement that all members of a tunnel-excavation crew work in compressed air while excavating the tunnel. These advances in technology modified substantially the methods used by the construction industry to excavate subaqueous tunnels compared to the caisson work regulated by the current OSHA compressed-air standard for construction at 29 CFR 1926.803. Such advances reduce the number of workers exposed, and the total duration of exposure to hyperbaric pressure during tunnel construction. Using shielded mechanical-excavation techniques, in conjunction with precast concrete tunnel liners and backfill grout, EPBTBMs provide methods to achieve the face pressures required to maintain a stabilized tunnel face through various geologies, and isolate that pressure to the forward section (the working chamber) of the EPBTBM. Interventions in the working chamber (the pressurized portion of the EPBTBM) take place only after halting tunnel excavation and preparing the machine and crew for an intervention. Interventions occur to inspect or maintain the mechanical-excavation components located in the working chamber. Maintenance conducted in the working chamber includes changing replaceable cutting tools and disposable wear bars, and, in rare cases, repairing structural damage to the cutter head. In addition to innovations in tunnel-excavation methods, Traylor asserts that innovations in hyperbaric medicine and technology improve the safety of decompression from hyperbaric exposures. According to Traylor, the use of decompression protocols incorporating oxygen is more efficient, effective, and safer for tunnel workers than compliance with the decompression tables specified by the existing OSHA standard (29 CFR 1926, subpart S, Appendix A decompression tables). These hyperbaric exposures are made safe by advances in technology, a better understanding of hyperbaric medicine, and the development of a project- specific Hyperbaric Operations Manual (HOM) that requires specialized medical support and hyperbaric supervision to provide assistance to a team of specially trained man lock attendants and hyperbaric workers or CAWs. OSHA initiated a technical review of the Traylor's variance application and developed a set of follow-up questions that it sent to Traylor on September 17, 2012 (Ex. OSHA-2012-0035-0003). On October 26, 2012, Traylor submitted its response and a request for an interim order for the Blue Plains Tunnel Project, as well as future projects (Ex. OSHA-2012-0035-0013). In its response to OSHA's follow-up questions, Traylor indicated that the maximum pressure to which it is likely to expose workers during future project interventions is 75 p.s.i.g and may involve the use of trimix breathing gas (composed of a mixture of oxygen, nitrogen, and helium in varying concentrations used for breathing by divers and CAWs for compression and decompression when working at pressures exceeding 73 p.s.i.g.). Therefore, to work effectively on future projects, Traylor must perform hyperbaric interventions in compressed air at pressures higher than the maximum pressure specified by the existing OSHA standard, 29 CFR 1926.803(e)(5), which states: ``No employee shall be subjected to pressure exceeding 50 p.s.i.g. except in emergency'' (see footnote 2). On July 11, 2013, OSHA granted Traylor JV a project-specific interim order for the completion of the Blue Plains Tunnel in order to permit the applicant to begin work while OSHA continued to consider its application for a permanent variance (for Traylor JV's completion of the Blue Plains Tunnel, as well as Traylor's future tunneling projects). On December 11, 2014, OSHA published a Federal Register notice announcing Traylor JV's application for permanent variance and interim order, grant of an interim order, and request for comments (79 FR 73631). The comment period expired on January 12, 2015. OSHA did not receive any comments on the proposed variance. As noted above, on March 27, 2015, OSHA published the Federal Register notice announcing the grant of a permanent variance to Traylor JV for completion of the Blue Plains Tunnel (80 FR 16440). During its consideration of the Blue Plains variance, OSHA continued its technical review of the Traylor's variance application focusing on the proposed use of trimix breathing gas (proposed for use in future tunneling projects at pressures exceeding 73 p.s.i.g.) and developed a second set of follow-up questions that it sent to Traylor on December 18, 2013 (Ex. OSHA-2012-0035-0002). On January 21, 2014, Traylor submitted its response (Ex. OSHA-2012-0035-0009). In its response to OSHA's follow-up questions, Traylor provided additional technical and scientific information concerning successful trimix use on tunneling projects throughout the United States, as well as in Europe and Asia. Additionally, Traylor reaffirmed that the maximum pressure to which it is likely to expose workers during interventions for future tunneling [[Page 44388]] projects is 75 p.s.i.g. and may involve the use of trimix breathing gas. In reviewing Traylor's application for future tunneling projects, OSHA focused on the following important considerations:Variances are granted only to specific employers that submitted a properly completed and executed variance application. Traylor has met this requirement (for the single employer application); This notice announces only Traylor's (single employer) application for a variance dealing with future projects. It does not address Traylor's future hyperbaric tunneling projects in association with unnamed joint venture partners; Proposed variance conditions require Traylor to submit for OSHA's review and approval a project-specific HOM at least one year prior to the start of work on any future project; The proposed variance conditions require the HOM to demonstrate that the EPBTBM to be used on the project is designed, fabricated, inspected, tested, marked, and stamped in accordance with the requirements of ASME PVHO-1.2012 (or most recent edition of Safety Standards for Pressure Vessels for Human Occupancy) for the TBM's hyperbaric chambers. This condition ensures that each proposed future tunneling project can be comprehensively reviewed on a case-by-case basis prior to OSHA granting its approval to Traylor to proceed with its new project; Traylor may not begin hyperbaric interventions at pressures exceeding 50 p.s.i.g. until OSHA completes its review of the project-specific HOM and determines that the safety and health instructions and measures it specifies would be appropriate, would comply with the conditions of the variance, would adequately protect the safety and health of CAWs, and so notifies the applicant; and Traylor will be required to submit new applications requesting modification of its single employer variance and approval of its project-specific HOM [with sufficient lead time (at least one year prior to start of work on any future project), to allow OSHA to complete the variance modification process], upon forming any future joint ventures. Further, on December 6, 2012, OSHA published a Federal Register notice (77 FR 72781) announcing a request for information (RFI) for its continuing regulatory reviews named standards improvement projects (SIPs). The Agency conducted similar regulatory reviews of its existing standards previously and issued this latest RFI to initiate another of these regulatory reviews, and naming this review the Standards Improvement Project--Phase IV (SIP-IV). The purpose of SIP-IV is to improve and streamline OSHA standards by removing or revising requirements that are confusing or outdated, or that duplicate, or are inconsistent with other standards. Additionally, the regulatory review also is designed to reduce regulatory burden while maintaining or enhancing employees' safety and health. SIP-IV will focus primarily on OSHA's construction standards. As part of SIP-IV, OSHA is considering updating the decompression tables in Appendix A (1926.803(f)(1)) (77 FR 72783). This proposed action would permit employers to use decompression procedures and updated decompression tables that take advantage of new hyperbaric technologies used widely in extreme hyperbaric exposures. If the planned SIP-IV revises Appendix A, Traylor (and similar tunneling contractors previously granted a variance) will still require hyperbaric tunneling variances to address portions of the standard not covered by SIP-IV (i.e., 29 CFR 1926.803(e)(5); .803(g)(1)(iii) and .803(g)(1)(xvii)). If SIP-IV is completed (including the update of the decompression tables in Appendix A (1926.803(f)(1)), OSHA will modify Traylor's (single employer) and similar variances granted to other employers to include the applicable SIP-IV provisions as appropriate. OSHA considered Traylor's application for a permanent variance and interim order for future tunneling projects. OSHA determined that Traylor proposed an alternative that will provide a workplace at least as safe and healthful as that provided by the standard. II. The Variance Application A. Background Traylor asserts that the advances in tunnel excavation technology described in Section I of this notice modified significantly the equipment and methods used by contractors to construct subaqueous tunnels, thereby making several provisions of OSHA's compressed-air standard for construction at 29 CFR 1926.803 inappropriate for this type of work. These advances reduce both the number of workers exposed, and the total duration of exposure to the hyperbaric conditions associated with tunnel construction. Using shielded mechanical-excavation techniques, in conjunction with pre-cast concrete tunnel liners and backfill grout, EPBTBMs provide methods to achieve the face pressures required to maintain a stabilized tunnel face, through various geologies, while isolating that pressure to the forward section (working or excavation chamber) of the EPBTBM. Interventions involving the working chamber (the pressurized chamber at the head of the EPBTBM) take place only after the applicant halts tunnel excavation and prepares the machine and crew for an intervention. Interventions occur to inspect or maintain the mechanical-excavation components located in the forward portion of the working chamber. Maintenance conducted in the forward portion of the working chamber includes changing replaceable cutting tools, disposable wear bars, and, in rare cases, repairs to the cutter head due to structural damage. In addition to innovations in tunnel-excavation methods, research conducted after OSHA published its compressed-air standard for construction in 1971, resulted in advances in hyperbaric medicine. In this regard, the applicant asserts that the use of decompression protocols incorporating oxygen and trimix is more efficient, effective, and safer for tunnel workers than compliance with the existing OSHA standard (29 CFR 1926, subpart S, Appendix A decompression tables). According to the applicant, contractors routinely and safely expose employees performing interventions in the working chamber of EPBTBMs to hyperbaric pressures up to 75 p.s.i.g., which is 50% higher than maximum pressure specified by the existing OSHA standard (see 29 CFR 1926.803(e)(5)). The applicant contends that the alternative safety measures included in its application provide its workers with a place of employment that is at least as safe and healthful as they would obtain under the existing provisions of OSHA's compressed-air standard for construction. The applicant certifies that it provided employee representatives of affected workers with a copy of the variance application.\3\ The applicant also certifies that it notified its workers of the variance application by posting at prominent locations where it normally posts workplace notices, a summary of the application and information specifying where the workers can examine a copy of the application. In addition, the applicant informed its workers and their representatives of their rights to petition the Assistant Secretary of Labor for Occupational Safety and Health for a hearing on the variance application. --------------------------------------------------------------------------- \3\ See the definition of ``Affected employee or worker'' in section III. D. --------------------------------------------------------------------------- B. Variance From Paragraph (e)(5) of 29 CFR 1926.803, Prohibition of Exposure to Pressure Greater Than 50 p.s.i.g. (see Footnote 1) The applicant states that it may perform hyperbaric interventions at [[Page 44389]] pressures greater than 50 p.s.i.g. in the working chamber of the EPBTBM; this pressure exceeds the pressure limit of 50 p.s.i.g. specified for nonemergency purposes by 29 CFR 1926.803(e)(5). The EPBTBM has twin man locks, with each man lock having two compartments. This configuration allows workers to access the man locks for compression and decompression, and medical personnel to access the man locks if required in an emergency. EPBTBMs are capable of maintaining pressure at the tunnel face, and stabilizing existing geological conditions, through the controlled use of propel cylinders, a mechanically driven cutter head, bulkheads within the shield, ground-treatment foam, and a screw conveyor that moves excavated material from the working chamber. As noted earlier, the forward-most portion of the EPBTBM is the working chamber, and this chamber is the only pressurized segment of the EPBTBM. Within the shield, the working chamber consists of two sections: the staging chamber and the forward working chamber. The staging chamber is the section of the working chamber between the man lock door and the entry door to the forward working chamber. The forward working chamber is immediately behind the cutter head and tunnel face. The applicant will pressurize the working chamber to the level required to maintain a stable tunnel face. Pressure in the staging chamber ranges from atmospheric (no increased pressure) to a maximum pressure equal to the pressure in the working chamber. The applicant asserts that most of the hyperbaric interventions will be around 14.7 p.s.i.g. However, the applicant maintains that they may have to perform interventions at pressures up to 75 p.s.i.g. During interventions, workers enter the working chamber through one of the twin man locks that open into the staging chamber. To reach the forward part of the working chamber, workers pass through a door in a bulkhead that separates the staging chamber from the forward working chamber. The maximum crew size allowed in the forward working chamber is three. At certain hyperbaric pressures (i.e., when decompression times are greater than work times), the twin man locks allow for crew rotation. During crew rotation, one crew can be compressing or decompressing while the second crew is working. Therefore, the working crew always has an unoccupied man lock at its disposal. Further, the applicant asserts that it will develop a project- specific HOM for each future tunnel project that describes in detail the hyperbaric procedures and required medical examinations used during the planned tunnel-construction project. The HOM will be project- specific, and will discuss standard operating procedures and emergency and contingency procedures. The procedures will include using experienced and knowledgeable man-lock attendants who have the training and experience necessary to recognize and treat decompression illnesses and injuries. The attendants will be under the direct supervision of the hyperbaric supervisor and attending physician. In addition, procedures will include medical screening and review of prospective CAWs. The purpose of this screening procedure is to vet prospective CAWs with medical conditions (e.g., deep vein thrombosis, poor vascular circulation, and muscle cramping) that could be aggravated by sitting in a cramped space (e.g., a man lock) for extended periods or by exposure to elevated pressures and compressed gas mixtures. A transportable recompression chamber (shuttle) will be available to extract workers from the hyperbaric working chamber for emergency evacuation and medical treatment; the shuttle attaches to the topside medical lock, which is a large recompression chamber. The applicant believes that the procedures included in the variance application and in its project-specific HOM will provide safe work conditions when interventions are necessary, including interventions above 50 p.s.i.g. OSHA will comprehensively review the project-specific HOM for each of Traylor's future projects prior to granting its approval for Traylor to proceed with its new project. Therefore, Traylor may not begin hyperbaric interventions at pressures exceeding 50 p.s.i.g. until OSHA completes its review of the project-specific HOM and determines that the safety and health instructions and measures it specifies would be appropriate, would conform with the conditions in the variance, and would adequately protect the safety and health of the CAWs. OSHA will notify the applicant that: (1) Its project-specific HOM was found to be acceptable; and (2) the applicant may begin hyperbaric interventions at pressures exceeding 50 p.s.i.g. by complying fully with the conditions of the interim order or proposed variance (as an alternative to complying with the requirements of the standard). C. Variance From Paragraph (f)(1) of 29 CFR 1926.803, Requirement To Use OSHA Decompression Tables OSHA's compressed-air standard for construction requires decompression in accordance with the decompression tables in Appendix A of 29 CFR 1926, subpart S (see 29 CFR 1926.803(f)(1)). As an alternative to the OSHA decompression tables, the applicant proposes to use newer decompression schedules that supplement breathing air used during decompression with air, nitrox, or trimix (as appropriate). The applicant asserts decompression protocols using the 1992 French Decompression Tables for air, nitrox, or trimix as specified by the HOM are safer for tunnel workers than the decompression protocols specified in Appendix A of 29 CFR 1926, subpart S. Accordingly, the applicant proposes to use the 1992 French Decompression Tables to decompress CAWs after they exit the hyperbaric conditions in the working chamber. Also, Traylor proposes to decompress with trimix gas, under certain conditions specific to and described in detail in the project-specific HOM associated with each future tunneling project. Depending on the maximum working pressure and exposure times, the 1992 French Decompression Tables provide for air decompression with or without oxygen or trimix. Traylor asserts that using the 1992 French Decompression Tables for air, nitrox, or trimix decompression has many benefits, including (1) keeping the partial pressure of nitrogen in the lungs as low as possible; (2) keeping external pressure as low as possible to reduce the formation of bubbles in the blood; (3) removing nitrogen from the lungs and arterial blood and increasing the rate of elimination of nitrogen; (4) improving the quality of breathing during decompression stops so that workers are less tired and to prevent bone necrosis; (5) reducing decompression time by about 33 percent as compared to air decompression; and (6) reducing inflammation. Traylor asserts that the 1992 French Decompression Tables, Appendix B provide for air decompression with trimix supplementation for staged decompression for pressures ranging from 58 to 75 p.s.i.g. As described in Section IV of this notice, OSHA's review of the use of air, nitrox, or trimix in several major tunneling projects completed in the past indicates that it contributed significantly to the reduction of decompression illness (DCI) and other associated adverse effects observed and reported among CAWs. [[Page 44390]] In addition, the project-specific HOM will require a physician certified in hyperbaric medicine to manage the medical condition of CAWs during hyperbaric exposures and decompression. A trained and experienced man-lock attendant also will be present during hyperbaric exposures and decompression. This man lock attendant will operate the hyperbaric system to ensure compliance with the specified decompression table. A hyperbaric supervisor (competent person), trained in hyperbaric operations, procedures, and safety, will directly oversee all hyperbaric interventions, and ensures that staff follow the procedures delineated in the HOM or by the attending physician. The applicant asserts that at higher hyperbaric pressures, decompression times exceed 75 minutes. The variance application and the project-specific HOMs will establish protocols and procedures that provide the basis for alternate means of protection for CAWs under these conditions. Accordingly, based on these protocols and procedures, the applicant requests to use the 1992 French Decompression Tables for hyperbaric interventions up to 75 p.s.i.g. for future projects. The applicant is committed to follow the decompression procedures described in its application and the project-specific HOM during these interventions. D. Variance From Paragraph (g)(1)(iii) of 29 CFR 1926.803, Automatically Regulated Continuous Decompression According to the applicant, breathing air under hyperbaric conditions increases the amount of nitrogen gas dissolved in a CAW's tissues. The greater the hyperbaric pressure under these conditions, and the more time spent under the increased pressure, the greater the amount of nitrogen gas dissolved in the tissues. When the pressure decreases during decompression, tissues release the dissolved nitrogen gas into the blood system, which then carries the nitrogen gas to the lungs for elimination through exhalation. Releasing hyperbaric pressure too rapidly during decompression can increase the size of the bubbles formed by nitrogen gas in the blood system, resulting in DCI, commonly referred to as ``the bends.'' This description of the etiology of DCI is consistent with current scientific theory and research on the issue (see footnote 12 in this notice discussing a 1985 NIOSH report on DCI). The 1992 French Decompression Tables proposed for use by the applicant provide for stops during worker decompression (i.e., staged decompression) to control the release of nitrogen gas from tissues into the blood system. Studies show that staged decompression, in combination with other features of the 1992 French Decompression Tables such as the use of oxygen, result in a lower incidence of DCI than the OSHA decompression requirements of 29 CFR 1926.803, which specify the use of automatically regulated continuous decompression (see footnotes 10 through 18 in this notice for references to these studies).\4\ In addition, the applicant asserts that staged decompression is at least as effective as an automatic controller in regulating the decompression process because: --------------------------------------------------------------------------- \4\ In the study cited in footnote 10, starting at page 338, Dr. Eric Kindwall notes that the use of automatically regulated continuous decompression in the Washington State safety standards for compressed-air work (from which OSHA derived its decompression tables) was at the insistence of contractors and the union, and against the advice of the expert who calculated the decompression table and recommended using staged decompression. Dr. Kindwall then states, ``Continuous decompression is inefficient and wasteful. For example, if the last stage from 4 psig . . . to the surface took 1 h, at least half the time is spent at pressures less than 2 psig . . ., which provides less and less meaningful bubble suppression . . . .'' In addition, the report referenced in footnote 5 under the section titled, ``Background on the Need for Interim Decompression Tables'' addresses the continuous-decompression protocol in the OSHA compressed-air standard for construction, noting that ``[a]side from the tables for saturation diving to deep depths, no other widely used or officially approved diving decompression tables use straight line, continuous decompressions at varying rates. Stage decompression is usually the rule, since it is simpler to control.'' --------------------------------------------------------------------------- 1. A hyperbaric supervisor (a competent person experienced and trained in hyperbaric operations, procedures, and safety) directly supervises all hyperbaric interventions and ensures that the man-lock attendant, who is a competent person in the manual control of hyperbaric systems, follows the schedule specified in the decompression tables, including stops; and 2. The use of the 1992 French Decompression Tables for staged decompression offers an equal or better level of management and control over the decompression process than an automatic controller and results in lower occurrences of DCI. Accordingly, the applicant is applying for a permanent variance from the OSHA standard at 29 CFR 1926.803(g)(1)(iii), which requires automatic controls to regulate decompression. As noted above, the applicant is committed to conduct the staged decompression according to the 1992 French Decompression Tables under the direct control of the trained man-lock attendant and under the oversight of the hyperbaric supervisor. E. Variance From Paragraph (g)(1)(xvii) of 29 CFR 1926.803, Requirement of Special Decompression Chamber The OSHA compressed-air standard for construction requires employers to use a special decompression chamber of sufficient size to accommodate all CAWs being decompressed at the end of the shift when total decompression time exceeds 75 minutes (see 29 CFR 1926.803(g)(1)(xvii)). Use of the special decompression chamber enables CAWs to move about and flex their joints to prevent neuromuscular problems during decompression. As an alternative to using a special decompression chamber, the applicant notes that since only the working chamber of the EPBTBM is under pressure, and only a few workers out of the entire crew are exposed to hyperbaric pressure, the man locks (which, as noted earlier, connect directly to the working chamber) and the staging chamber are of sufficient size to accommodate the exposed workers during decompression. In addition, space limitations in the EPBTBM do not allow for the installation and use of an additional special decompression lock or chamber. Again, the applicant uses the existing man locks, each of which adequately accommodates a three-member crew for this purpose when decompression lasts up to 75 minutes. When decompression exceeds 75 minutes, crews can open the door connecting the two compartments in each man lock (during decompression stops) or exit the man lock and move into the staging chamber where additional space is available. The applicant asserts that this alternative arrangement is as effective as a special decompression chamber in that it has sufficient space for all the CAWs at the end of a shift and enables the CAWs to move about and flex their joints to prevent neuromuscular problems. F. Previous Tunnel Construction Variances OSHA notes that on May 23, 2014, it granted a sub-aqueous tunnel construction permanent variance to Tully/OHL USA Joint Venture (79 FR 29809) from the same provisions of the standard that regulates work in compressed air (at 29 CFR 1926.803(e)(5), (f)(1), (g)(1)(iii), and (g)(1)(xvii)) that are the subject of the present application. Additionally, as previously stated in this notice, on March, 27, 2015, OSHA also granted a sub-aqueous tunnel construction permanent variance to Traylor JV for the [[Page 44391]] completion of the Blue Plains Tunnel (80 FR 16440). Generally, the proposed alternate conditions in this notice are based on and very similar to the alternate conditions of the previous permanent variances. G. Multi-State Variance Traylor stated that it performs construction of sub-aqueous tunnels using EPBTBM in compressed-air environments in a number of states that operate safety and health plans that have been approved by OSHA under Section 18 of the Occupational Safety and Health (OSH) Act of 1970 (29 U.S.C. 651 et seq.) and 29 CFR part 1952 (``Approved State Plans for Enforcement of State Standards''). Because Traylor performs tunnel construction work nationwide, OSHA will process Traylor's application as one for a permanent, multi-state variance covering all states. Twenty-seven state safety and health plans have been approved by OSHA under Section 18 of the OSH Act.\5\ As part of the permanent variance process, the Directorate of Cooperative and State Programs will notify the State Plans of Traylor's variance application and grant of the interim order, and the states will have the opportunity to comment. --------------------------------------------------------------------------- \5\ Five State Plans (Connecticut, Illinois, New Jersey, New York, and the Virgin Islands) limit their occupational safety and health authority to state and local employers only. State Plans that exercise their occupational safety and health authority over both public- and private-sector employers are: Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wyoming. --------------------------------------------------------------------------- Additionally, in consideration of Traylor's application for a permanent multi-state variance and interim order, OSHA noted that four states have previously granted sub-aqueous tunnel construction variances and imposed different or additional requirements and conditions (California, Nevada, Oregon, and Washington). California also promulgated a new standard \6\ for similar sub-aqueous tunnel construction work. In these states that previously granted variances, Traylor would have to continue to meet state-specific requirements, should OSHA grant Traylor a permanent multi-state variance. Traylor must be prepared to apply separately to these states for a variance for tunnel construction work addressing the conditions specified by this proposed variance. --------------------------------------------------------------------------- \6\ See California Code of Regulations, Title 8, Subchapter 7, Group 26, Article 154, available at http://www.dir.ca.gov/title8/sb7g26a154.html. --------------------------------------------------------------------------- Five State Plans (Connecticut, Illinois, New Jersey, New York, and the U.S. Virgin Islands) cover only public-sector workers and have no authority over the private-sector workers addressed in this variance application (i.e., that authority continues to reside with Federal OSHA). III. Description of the Conditions Specified by the Application for a Permanent Variance This section describes the alternative means of compliance with 29 CFR 1926.803(e)(5), (f)(1), (g)(1)(iii), and (g)(1)(xvii) and provides additional detail regarding the proposed conditions that form the basis of Traylor's application for a permanent variance. Proposed Condition A: Scope The scope of the permanent variance would limit coverage to the work situations specified under this proposed condition. Clearly defining the scope of the proposed permanent variance provides Traylor, Traylor's employees, potential future applicants, other stakeholders, the public, and OSHA with necessary information regarding the work situations in which the proposed permanent variance would apply. As previously indicated in this notice, according to 29 CFR 1905.11, an employer (or class or group of employers \7\) may request a permanent variance for a specific workplace or workplaces (multiple sites). If granted, the variance would apply to the specific employer(s) that submitted the application. In this instance, if OSHA were to grant a permanent variance, it would apply to the applicant only. As a result, it is important to understand that if OSHA were to grant Traylor a permanent variance, the interim order and proposed variance would not apply to any other employers such as other joint ventures the applicant may undertake in the future. However, the variance rules of practice do contain provisions for future modification of permanent variances. Under the provisions of 29 CFR 1905.13, an applicant may submit an application to modify or amend a permanent variance to add or include additional employers (i.e., when future joint ventures are established). --------------------------------------------------------------------------- \7\ A class or group of employers (such as members of a trade alliance or association) may apply jointly for a variance provided an authorized representative for each employer signs the application and the application identifies each employer's affected facilities. --------------------------------------------------------------------------- Proposed Condition B: Application The proposed condition specifies the circumstances under which the proposed permanent variance would be in effect, notably only for hyperbaric work performed during interventions. The proposed condition places clear limits on the circumstances under which the applicant can expose its employees to hyperbaric pressure. Proposed Condition C: List of Abbreviations This proposed condition defines a number of abbreviations used in the proposed permanent variance. OSHA believes that defining these abbreviations serves to clarify and standardize their usage, thereby enhancing the applicant's and its employees' understanding of the conditions specified by the proposed permanent variance. Proposed Condition D: Definitions The proposed condition defines a series of terms, mostly technical terms, used in the permanent variance to standardize and clarify their meaning. Defining these terms serves to enhance the applicant's and its employees' understanding of the conditions specified by the proposed permanent variance. Proposed Condition E: Safety and Health Practices The proposed condition requires the applicant to develop and submit to OSHA a project-specific HOM at least one year before using the EPBTBM for tunneling operations. The HOM will have to demonstrate that the EPBTBM planned for use in tunneling operations is designed, fabricated, inspected, tested, marked, and stamped in accordance with the requirements of ASME PVHO-1.2012 (or most recent edition of Safety Standards for Pressure Vessels for Human Occupancy) for the TBM's hyperbaric chambers. These requirements ensure that the applicant develops hyperbaric safety and health procedures suitable for each specific project. The HOM enables OSHA to determine that the safety and health instructions and measures it specifies would be appropriate to the field conditions of the proposed tunnel (including expected geological conditions), would conform to the conditions of the variance, and will adequately protect the safety and health of the CAWs. It also enables OSHA to enforce these instructions and measures. Additionally, the proposed condition includes a series of related hazard prevention and control requirements and methods (e.g., decompression tables, job hazard analysis (JHA), operations and inspections checklists, investigation, recording and notification to OSHA of recordable hyperbaric injuries and illnesses, etc.) designed to [[Page 44392]] ensure the continued effective functioning of the hyperbaric equipment and operating system. Review of the project-specific HOM would enable OSHA to: (1) Determine that the safety and health instructions and measures it specifies would be appropriate, would conform to the conditions of the variance, and would adequately protect the safety and health of CAWs; and (2) request the applicant to revise or modify the HOM if it finds that the hyperbaric safety and health procedures are not suitable for the specific project and would not adequately protect the safety and health of the CAWs. The applicant may not begin hyperbaric interventions at pressures exceeding 50 p.s.i.g. until OSHA completes its review of the project-specific HOM and determines that the safety and health instructions and measures it specifies would be appropriate, would conform to the conditions of the variance, and will adequately protect the safety and health of the CAWs. OSHA will notify the applicant that: (1) Its project-specific HOM was found to be acceptable; and (2) the applicant may begin hyperbaric interventions at pressures exceeding 50 p.s.i.g. by complying fully with the conditions of the interim order or proposed permanent variance (if, or until the permanent variance is granted as an alternative to complying with the requirements of the standard). Once approved, the project-specific HOM would become part of the variance, thus enabling OSHA to enforce its safety and health procedures and measures. Proposed Condition F: Communication The proposed condition would require the applicant to develop and implement an effective system of information sharing and communication. Effective information sharing and communication ensures that affected workers receive updated information regarding any safety-related hazards and incidents, and corrective actions taken, prior to the start of each shift. The proposed condition also requires the applicant to ensure that reliable means of emergency communications are available and maintained for affected workers and support personnel during hyperbaric operations. Availability of such reliable means of communications would enable affected workers and support personnel to respond quickly and effectively to hazardous conditions or emergencies that may develop during EPBTBM operations. Proposed Condition G: Worker Qualification and Training The proposed condition would require the applicant to develop and implement an effective qualification and training program for affected workers. The proposed condition specifies the factors that an affected worker must know to perform safely during hyperbaric operations, including how to enter, work in, and exit from hyperbaric conditions under both normal and emergency conditions. Having well-trained and qualified workers performing hyperbaric intervention work ensures that they recognize, and respond appropriately to, hyperbaric safety and health hazards. These qualification and training requirements enable affected workers to cope effectively with emergencies, as well as the discomfort and physiological effects of hyperbaric exposure, thereby preventing injury, illness, and fatalities. Paragraph (2)(e) of this proposed condition also would require the applicant to provide affected workers with information they can use to contact the appropriate healthcare professionals if it is suspected that they are developing hyperbaric-related health effects. This requirement provides for early intervention and treatment of DCI and other health effects resulting from hyperbaric exposure, thereby reducing the potential severity of these effects. Proposed Condition H: Inspections, Tests, and Accident Prevention The proposed condition would require the applicant to develop, implement, and operate a program of frequent and regular inspections of the EPBTBM's hyperbaric equipment and support systems, and associated work areas. This proposed condition would help to ensure the safe operation and physical integrity of the equipment and work areas necessary to conduct hyperbaric operations. The proposed condition would also enhance worker safety by reducing the risk of hyperbaric- related emergencies. Paragraph (3) of this proposed condition would require the applicant to document tests, inspections, corrective actions, and repairs involving the EPBTBM, and maintain these documents at the job site for the duration of the job. This requirement would provide the applicant with information needed to schedule tests and inspections to ensure the continued safe operation of the equipment and systems, and to determine that the actions taken to correct defects in hyperbaric equipment and systems were appropriate, prior to returning them to service. Proposed Condition I: Compression and Decompression The proposed condition would require the applicant to consult with its designated medical advisor regarding special compression or decompression procedures appropriate for any unacclimated CAW. This proposed provision would ensure that the applicant consults with the medical advisor, and involves the medical advisor in the evaluation, development, and implementation of compression or decompression protocols appropriate for any CAW requiring acclimation to the hyperbaric conditions encountered during EPBTBM operations. Accordingly, CAWs requiring acclimation would have an opportunity to acclimate prior to exposure to these hyperbaric conditions. OSHA believes this proposed condition would prevent or reduce adverse reactions among CAWs to the effects of compression or decompression associated with the intervention work they perform in the EPBTBM. Proposed Condition J: Recordkeeping The proposed condition would require the applicant to maintain records of specific factors associated with each hyperbaric intervention. The information gathered and recorded under this provision, in concert with the information provided under proposed condition K (using OSHA 301 Incident Report form to investigate, record, and provide notice to OSHA of hyperbaric recordable injuries as defined by 29 CFR 1904.4, 1904.7, 1904.8 through 1904.12), would enable the applicant and OSHA to determine the effectiveness of the permanent variance in preventing DCI and other hyperbaric-related effects.\8\ --------------------------------------------------------------------------- \8\ See 29 CFR 1904 Recording and Reporting Occupational Injuries and Illnesses (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631); recordkeeping forms and instructions (http://www.osha.gov/recordkeeping/RKform300pkg-fillable-enabled.pdf); and updates to OSHA's recordkeeping rule and Web page ((79 FR 56130); http://www.osha.gov/recordkeeping2014/index.html). --------------------------------------------------------------------------- Proposed Condition K: Notifications Under the proposed condition, the applicant would be required, within specified periods, to notify OSHA of: (1) Any recordable injury, illness, in-patient hospitalization, amputation, loss of an eye, or fatality that occurs as a result of hyperbaric exposures during EPBTBM operations; (2) provide OSHA with a copy of the hyperbaric exposures incident investigation report (using [[Page 44393]] OSHA 301 form) of these events within 24 hours of the incident; (3) include on the 301 form information on the hyperbaric conditions associated with the recordable injury or illness, the root-cause determination, and preventive and corrective actions identified and implemented; (4) provide its certification that it informed affected workers of the incident and the results of the incident investigation; (5) notify the Office of Technical Programs and Coordination Activities (OTPCA) and the OSHA Area Office closest to the tunnel project site within 15 working days should the applicant need to revise its HOM to accommodate changes in its compressed-air operations that affect its ability to comply with the conditions of the proposed permanent variance; and (6) provide OTPCA and the OSHA Area Office closest to the tunnel project site, at the end of the project, with a report evaluating the effectiveness of the decompression tables. It should be noted that the requirement of completing and submitting the hyperbaric exposure-related (recordable) incident investigation report (OSHA 301 form) would be more restrictive than the current recordkeeping requirement of completing the OSHA 301 form within 7 calendar days of the incident (1904.29(b)(3)). This modified and more stringent incident investigation and reporting requirement would be restricted to intervention-related hyperbaric (recordable) incidents only. Providing notification would be essential because time is a critical element in OSHA's ability to determine the continued effectiveness of the variance conditions in preventing hyperbaric incidents, and the applicant's identification and implementation of appropriate corrective and preventive actions. Further, these notification requirements also would enable the applicant, its employees, and OSHA to determine the effectiveness of the permanent variance in providing the requisite level of safety to the applicant's workers and, based on this determination, whether to revise or revoke the conditions of the proposed permanent variance. Timely notification would permit OSHA to take whatever action may be necessary and appropriate to prevent further injuries and illnesses. Providing notification to employees would inform them of the precautions taken by the applicant to prevent similar incidents in the future. Additionally, this proposed condition also would require the applicant to notify OSHA if it ceases to do business, has a new address or location for its main office, or transfers the operations covered by the proposed permanent variance to a successor company. In addition, the condition specifies that OSHA must approve the transfer of the permanent variance to a successor company. These requirements would allow OSHA to communicate effectively with the applicant regarding the status of the proposed permanent variance, and expedite the Agency's administration and enforcement of the permanent variance. Stipulating that an applicant would be required to have OSHA's approval to transfer a variance to a successor company would provide assurance that the successor company has knowledge of, and will comply with, the conditions specified by proposed permanent variance, thereby ensuring the safety of workers involved in performing the operations covered by the proposed permanent variance. IV. Grant of Interim Order As noted earlier, the applicant requested an interim order. Based on Traylor's assertions in its application, the interim order addresses CAWs performing interventions in hyperbaric conditions exceeding 50 p.s.i.g. that involve proposed use of the 1992 French Decompression Tables for air, nitrox, or trimix as specified by the HOM for staged decompression with pressures ranging from 58 to 75 p.s.i.g. During the period starting with the publication of this notice until the Agency modifies or revokes the interim order or makes a decision on its application for a permanent variance, the applicant is required to comply fully with the conditions of the interim order (as an alternative to complying with the requirements of 29 CFR 1926.803 (hereafter, ``the standard'')) that: A. Prohibit employers using compressed air under hyperbaric conditions from subjecting workers to pressure exceeding 50 p.s.i.g., except in an emergency (29 CFR 1926.803(e)(5)); B. Require the use of decompression values specified by the decompression tables in Appendix A of the compressed-air standard (29 CFR 1926.803(f)(1)); and C. Require the use of automated operational controls and a special decompression chamber (29 CFR 1926.803(g)(1)(iii) and .803(g)(1)(xvii), respectively). After reviewing the proposed alternatives OSHA preliminarily determined that: A. Traylor developed, and proposed to implement, effective alternative measures to the prohibition of using compressed air under hyperbaric conditions exceeding 50 p.s.i.g. The alternative measures include use of engineering and administrative controls of the hazards associated with work performed in compressed-air conditions exceeding 50 p.s.i.g. while engaged in the construction of a subaqueous tunnel using advanced shielded mechanical-excavation techniques in conjunction with an EPBTBM. Prior to conducting interventions in the EPBTBM's pressurized working chamber, the applicant halts tunnel excavation and prepares the machine and crew to conduct the interventions. Interventions involve inspection, maintenance, or repair of the mechanical-excavation components located in the working chamber. B. Traylor developed, and proposed to implement, safe hyperbaric work procedures, emergency and contingency procedures, and medical examinations for future tunneling projects' CAWs. The applicant will compile these standard operating procedures into a project-specific HOM. The HOM will discuss the procedures and personnel qualifications for performing work safely during the compression and decompression phases of interventions. The HOM will also specify the decompression tables the applicant proposes to use. Depending on the maximum working pressure and exposure times during the interventions, the tables provide for decompression using the 1992 French Decompression Tables for air, nitrox, or trimix as specified by the HOM. The decompression tables also include delays or stops for various time intervals at different pressure levels during the transition to atmospheric pressure (i.e., staged decompression). In all cases, a physician certified in hyperbaric medicine will manage the medical condition of CAWs during decompression. In addition, a trained and experienced man-lock attendant, experienced in recognizing decompression sickness or illnesses and injuries will be present. Of key importance, a hyperbaric supervisor (competent person), trained in hyperbaric operations, procedures, and safety, will directly supervise all hyperbaric operations to ensure compliance with the procedures delineated in the project-specific HOM or by the attending physician. C. Traylor developed, and proposed to implement, a training program to instruct affected workers in the hazards associated with conducting hyperbaric operations. D. Traylor developed, and proposed to implement, an effective alternative to the use of automatic controllers that continuously decrease pressure to [[Page 44394]] achieve decompression in accordance with the tables specified by the standard. The alternative includes using: (1) The 1992 French Decompression Tables for guiding staged decompression to achieve lower occurrences of DCI; (2) decompression protocols of air, nitrox, or trimix again to achieve lower occurrences of DCI; (3) a trained and competent attendant for implementing appropriate hyperbaric entry and exit procedures, and (4) a competent hyperbaric supervisor and attending physician certified in hyperbaric medicine, to oversee all hyperbaric operations. E. Traylor developed, and proposed to implement, an effective alternative to the use of the special decompression chamber required by the standard. EPBTBM technology permits the tunnel's work areas to be at atmospheric pressure, with only the face of the EPBTBM (i.e., the working chamber) at elevated pressure during interventions. The applicant would limit interventions conducted in the working chamber to performing required inspection, maintenance, and repair of the cutting tools on the face of the EPBTBM. The EPBTBM's man lock and working chamber provide sufficient space for the maximum crew of three CAWs to stand up and move around, and safely accommodate decompression times up to 360 minutes. Therefore, OSHA preliminarily determined that the EPBTBM's man lock and working chamber function as effectively as the special decompression chamber required by the standard. OSHA conducted a review of the scientific literature regarding decompression to determine whether the alternative decompression method (i.e., the 1992 French Decompression Tables) Traylor proposed would provide a workplace as safe and healthful as that provided by the standard. Based on this review, OSHA determined that tunneling operations performed with these tables \9\ resulted in a lower occurrence of DCI than the decompression tables specified by the standard.10 11 12 --------------------------------------------------------------------------- \9\ In 1992, the French Ministry of Labour replaced the 1974 French Decompression Tables with the 1992 French Decompression Tables, which differ from OSHA's decompression tables in Appendix A by using: (1) Staged decompression as opposed to continuous (linear) decompression; (2) decompression tables based on air or both air and pure oxygen; and (3) emergency tables when unexpected exposure times occur (up to 30 minutes above the maximum allowed working time). \10\ Kindwall, EP (1997). Compressed-air tunneling and caisson work decompression procedures: Development, problems, and solutions. Undersea and Hyperbaric Medicine, 24(4), pp. 337-345. This article reported 60 treated cases of DCI among 4,168 exposures between 19 and 31 p.s.i.g. over a 51-week contract period, for a DCI incidence of 1.44% for the decompression tables specified by the OSHA standard. \11\ Sealey, JL (1969). Safe exit from the hyperbaric environment: Medical experience with pressurized tunnel operations. Journal of Occupational Medicine, 11(5), pp. 273-275. This article reported 210 treated cases of DCI among 38,600 hyperbaric exposures between 13 and 34 p.s.i.g. over a 32-month period, for an incidence of 0.54% for the decompression tables specified by the Washington State safety standards for compressed-air work, which are similar to the tables in the OSHA standard. Moreover, the article reported 51 treated cases of DCI for 3,000 exposures between 30 and 34 p.s.i.g., for an incidence of 1.7% for the Washington State tables. \12\ In 1985, the National Institute for Occupational Safety and Health (NIOSH) published a report entitled ``Criteria for Interim Decompression Tables for Caisson and Tunnel Workers;'' this report reviewed studies of DCI and other hyperbaric-related injuries resulting from use of OSHA's tables. This report is available on NIOSH's Web site: http://www.cdc.gov/niosh/topics/decompression/default.html. --------------------------------------------------------------------------- The review conducted by OSHA focused on the use of the 1992 French Decompression Tables with air, nitrox, or trimix and found several research studies supporting the determination that such use resulted in a lower rate of DCI than the decompression tables specified by the standard. For example, H. L. Anderson studied the occurrence of DCI at maximum hyperbaric pressures ranging from 4 p.s.i.g. to 43 p.s.i.g. during construction of the Great Belt Tunnel in Denmark (1992-1996); \13\ this project used the 1992 French Decompression Tables to decompress the workers during part of the construction. Anderson observed 6 decompression sickness (DCS) cases out of 7,220 decompression events, and reported that switching to the 1992 French Decompression tables reduced the DCI incidence to 0.08%. The DCI incidence in the study by H. L. Andersen is substantially less than the DCI incidence reported for the decompression tables specified in Appendix A. OSHA found no studies in which the DCI incidence reported for the 1992 French Decompression Tables were higher than the DCI incidence reported for the OSHA decompression tables, nor did OSHA find any studies indicating that the 1992 French Decompression Tables were more hazardous to employees than the OSHA decompression tables.\14\ --------------------------------------------------------------------------- \13\ Anderson HL (2002). Decompression sickness during construction of the Great Belt Tunnel, Denmark. Undersea and Hyperbaric Medicine, 29(3), pp. 172-188. \14\ Le P[eacute]chon JC, Barre P, Baud JP, Ollivier F (September 1996). Compressed-air work--French Tables 1992-- operational results. JCLP Hyperbarie Paris, Centre Medical Subaquatique Interentreprise, Marseille: Communication a l'EUBS, pp. 1-5 (see Ex. OSHA-2012-0036-0005). --------------------------------------------------------------------------- OSHA also reviewed the use of trimix in tunneling operations. In compressed-air atmospheres greater than 73 p.s.i.g., it becomes increasingly more difficult to work due to increased breathing resistance, increased risk of DCI, and the adverse effects of the increased partial pressures of nitrogen and oxygen. Nitrogen narcosis occurs when a diver or CAW breathes a gas mixture with a nitrogen partial pressure greater than 2.54 ATA (i.e., 73 p.s.i.g.). Nitrogen narcosis compromises judgment, performance, and reaction time of divers and CAWs and can lead to loss of consciousness.\15\ There is concern that nitrogen narcosis may impair CAWs leading to possible safety issues.\16\ Exposure to oxygen at partial pressures greater than normal daily living may be toxic to the lungs and central nervous system under certain conditions. The higher the partial pressure of oxygen and the longer the exposure, the more severe the toxic effects. One way to reduce oxygen exposure is to alter the percentage of oxygen in the breathing mixture (see footnote 15). Trimix is a mixture of the inert gas helium, oxygen and nitrogen. Because helium is less dense than air, use of helium in compressed atmospheres decreases breathing resistance and allows for adjustment of the partial pressures of oxygen and nitrogen to reduce the incidence of nitrogen narcosis and oxygen toxicity. --------------------------------------------------------------------------- \15\ United States Navy. (2011) U.S. Navy Diving Manual, Revision 6. Department of the Navy. \16\ Van Rees, Vellinga T, Verhoevan A, Jan Dijk F, Sterk W (November-December 2006) Health and efficiency in trimix versus air breathing in CAWs. Undersea Hyperbaric Medicine 33 (6), pp 419-427. This article reported that during construction of the Western Scheldt Tunneling Project, there were 52 exposures to trimix at 81.2-84.1 p.s.i. with no reported cases of DCI. Three of 318 exposures to compressed air resulted in DCI in this study. --------------------------------------------------------------------------- Trimix has been successfully used in deep caisson work and tunneling projects including the construction of the Meiko West Bridge,\17\ the Western Scheldt Tunnel (see footnote 16), and in the Seattle Brightwater Tunneling Project.\18\ During the construction of the Western Scheldt Tunnel, there were fewer reported cases of DCIs in CAWs using trimix than in other CAWs using just compressed air, despite working at higher pressures (see footnotes 16 and 17). Additionally, the use of compressed air during the construction of the Western Scheldt Tunnel was also [[Page 44395]] associated with a slower working pace and operational errors that the authors associated with the adverse effects of nitrogen at high pressure ((i.e., nitrogen narcosis) (see footnote 16)). Trimix decompression tables are proprietary so large studies of workers with specific pressure exposure for specific trimix schedules are not available. Additional concerns include the lack of a defined recompression protocol in the case of DCI and some studies have found evidence of cardiopulmonary strain in divers using trimix but at pressures greater than those submitted for this variance (see footnote 15). --------------------------------------------------------------------------- \17\ Takishima R, Sterk W, Nashimoto T (1996) Trimix breathing in deep caisson work for the construction of Pier (P2) for the Meiko West Bridge. Undersea and Hyperbaric Medical Society Meeting Abstract. During construction of the Meiko West Bridge, there were 11 cases of DCI in 2059 trimix exposures for a reported DCI rate of 1%. \18\ Hamilton R, Kay E (November 2008) Boring deep tunnels. Proceedings, 3rd of U.S.-Japan Panel on Aerospace-Diving Physiology and Technology, and Hyperbaric Medicine. --------------------------------------------------------------------------- Review of the literature and reports from presentations to professional societies support that the incidence of DCI with this technique is lower than the incidence of DCIs reported with the use of OSHA tables. In addition, use of trimix reduces the risk of impairment from nitrogen narcosis and allows for the adjustment of oxygen partial pressure to reduce exposure to elevated oxygen partial pressures (see footnotes 16 and 18). Therefore, OSHA preliminarily concludes that the proposed use of the 1992 French Decompression Tables would protect workers at least as effectively as the OSHA decompression tables. Based on a review of available evidence, the experience of State Plans that either granted variances (Nevada, Oregon, and Washington) \19\ or promulgated a new standard (California) \20\ for hyperbaric exposures occurring during similar subaqueous tunnel-construction work, and the information provided in the applicant's variance application, OSHA is granting an interim order for future tunneling projects and announces the application for the permanent variance. --------------------------------------------------------------------------- \19\ These state variances are available in the docket: Exs. OSHA-2012-0035-0006 (Nevada), OSHA-2012-0035-0007 (Oregon), and OSHA-2012-0035-0008 (Washington). \20\ See California Code of Regulations, Title 8, Subchapter 7, Group 26, Article 154, available at http://www.dir.ca.gov/title8/sb7g26a154.html. --------------------------------------------------------------------------- Under section 6(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(d)), and based on the record discussed above, the Agency preliminarily finds that when the employer complies with the conditions of the proposed variance, the working conditions of the employer's workers would be at least as safe and healthful as if the employer complied with the working conditions specified by paragraphs (e)(5), (f)(1), (g)(1)(iii), and (g)(1)(xvii) of 29 CFR 1926.803. Therefore, Traylor will: (1) Comply with the conditions listed in the future tunnel projects interim order for the period starting with the grant of the interim order until the Agency modifies or revokes the interim order or makes a decision on its application for a permanent variance); (2) comply fully with the specific conditions of the variance, if granted; (3) comply fully with all other applicable provisions of 29 CFR part 1926; and (4) provide a copy of this Federal Register notice to all employees affected by the proposed conditions, including the affected employees of other employers, using the same means it used to inform these employees of its application for a permanent variance. V. Specific Conditions of the Interim Order and the Application for a Permanent Variance The following conditions apply to the interim order OSHA is granting to Traylor. These conditions specify the alternative means of compliance with the requirements of paragraphs 29 CFR 1926.803(e)(5), (f)(1), (g)(1)(iii), and (g)(1)(xvii). In addition, these conditions are the conditions that specify the alternative means of compliance with the requirements of paragraphs 29 CFR 1926.803(e)(5), (f)(1), (g)(1)(iii), and (g)(1)(xvii) that OSHA is proposing for Traylor's permanent variance. The conditions/proposed conditions would apply to all employees of Traylor exposed to hyperbaric conditions. These conditions/proposed conditions would be: \21\ --------------------------------------------------------------------------- \21\ In these conditions, OSHA is using the future conditional form of the verb (e.g., ``would''), which pertains to the application for a permanent variance (designated as ``permanent variance'') but the conditions also apply to the interim order. --------------------------------------------------------------------------- A. Scope The permanent variance would apply only to work: 1. That occurs in conjunction with construction of future subaqueous tunnels using advanced shielded mechanical-excavation techniques and involving operation of an EPBTBM; 2. Performed under compressed-air and hyperbaric conditions up to 75 p.s.i.g; 3. In the EPBTBM's forward section (the working chamber) and associated hyperbaric chambers used to pressurize and decompress employees entering and exiting the working chamber; 4. Except for the requirements specified by 29 CFR 1926.803(e)(5), (f)(1), (g)(1)(iii), and (g)(1)(xvii), Traylor would be required to comply fully with all other applicable provisions of 29 CFR part 1926; and 5. The interim order granted to Traylor for future tunnel projects will remain in effect until OSHA modifies or revokes this interim order or grants Traylor's request for a permanent variance in accordance with 29 CFR 1905.13. B. Application The permanent variance would apply only when Traylor stops the tunnel-boring work, pressurizes the working chamber, and the CAWs either enter the working chamber to perform interventions (i.e., inspect, maintain, or repair the mechanical-excavation components), or exit the working chamber after performing interventions. C. List of Abbreviations Abbreviations used throughout this proposed permanent variance would include the following: 1. ATA--Atmosphere Absolute 2. CAW--Compressed-air worker 3. CFR--Code of Federal Regulations 4. DCI--Decompression Illness 5. DCS--Decompression Sickness (or the bends) 6. EPBTBM--Earth Pressure Balanced Tunnel Boring Machine 7. HOM--Hyperbaric Operations and Safety Manual 8. JHA--Job hazard analysis 9. OSHA--Occupational Safety and Health Administration 10. OTPCA--Office of Technical Programs and Coordination Activities D. Definitions The following definitions would apply to this proposed permanent variance. These definitions would supplement the definitions in each project-specific HOM. 1. Affected employee or worker--an employee or worker who is affected by the conditions of this proposed permanent variance, or any one of his or her authorized representatives. The term ``employee'' has the meaning defined and used under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). 2. Atmospheric pressure--the pressure of air at sea-level, generally, 14.7 p.s.i.a., 1 atmosphere absolute, or 0 p.s.i.g. 3. Compressed-air worker--an individual who is specially trained and medically qualified to perform work in a pressurized environment while breathing air at pressures up to 75 p.s.i.g. 4. Competent person--an individual who is capable of identifying existing and predictable hazards in the surroundings or working conditions that are unsanitary, hazardous, or dangerous to employees, and who has [[Page 44396]] authorization to take prompt corrective measures to eliminate them.\22\ --------------------------------------------------------------------------- \22\ Adapted from 29 CFR 1926.32(f). --------------------------------------------------------------------------- 5. Decompression illness--an illness (also called decompression sickness (DCS) or the bends) caused by gas bubbles appearing in body compartments due to a reduction in ambient pressure. Examples of symptoms of decompression illness include (but are not limited to): Joint pain (also known as the `bends' for agonizing pain or the `niggles' for slight pain); areas of bone destruction (termed dysbaric osteonecrosis); skin disorders (such as cutis marmorata, which causes a pink marbling of the skin); spinal cord and brain disorders (such as stroke, paralysis, paresthesia, and bladder dysfunction); cardiopulmonary disorders, such as shortness of breath; and arterial gas embolism (gas bubbles in the arteries that block blood flow).\23\ --------------------------------------------------------------------------- \23\ See Appendix 10 of ``A Guide to the Work in Compressed-Air Regulations 1996,'' published by the United Kingdom Health and Safety Executive available from NIOSH at http://www.cdc.gov/niosh/docket/archive/pdfs/NIOSH-254/compReg1996.pdf. Note: Health effects associated with hyperbaric intervention but not considered symptoms of DCI can include: Barotrauma (direct damage to air-containing cavities in the body such as ears, sinuses and lungs); nitrogen narcosis (reversible alteration in consciousness that may occur in hyperbaric environments and is caused by the anesthetic effect of certain gases at high pressure); and oxygen toxicity (a central nervous system condition resulting from the harmful effects of breathing molecular oxygen --------------------------------------------------------------------------- (O 2 ) at elevated partial pressures). 6. Earth Pressure Balanced Tunnel Boring Machine--the machinery used to excavate the tunnel. 7. Hot work--any activity performed in a hazardous location that may introduce an ignition source into a potentially flammable atmosphere.\24\ --------------------------------------------------------------------------- \24\ Also see 29 CFR 1910.146(b). --------------------------------------------------------------------------- 8. Hyperbaric--at a higher pressure than atmospheric pressure. 9. Hyperbaric intervention--a term that describes the process of stopping the EPBTBM and preparing and executing work under hyperbaric pressure in the working chamber for the purpose of inspecting, replacing, or repairing cutting tools and/or the cutterhead structure. 10. Hyperbaric Operations Manual--a detailed, project-specific health and safety plan developed and implemented by Traylor for working in compressed air during future hyperbaric tunnel projects. 11. Job hazard analysis--an evaluation of tasks or operations to identify potential hazards and to determine the necessary controls. 12. Man lock--an enclosed space capable of pressurization, and used for compressing or decompressing any employee or material when either is passing into or out of a working chamber. 13. Nitrox--a mixture of oxygen and air and refers to mixtures which are more than 21% oxygen. 14. Pressure--a force acting on a unit area. Usually expressed as pounds per square inch (p.s.i.). 15. p.s.i.--pounds per square inch, a common unit of measurement of pressure; a pressure given in p.s.i. corresponds to absolute pressure. 16. p.s.i.a--pounds per square inch absolute, or absolute pressure, is the sum of the atmospheric pressure and gauge pressure. At sea- level, atmospheric pressure is approximately 14.7 p.s.i. Adding 14.7 to a pressure expressed in units of p.s.i.g. will yield the absolute pressure, expressed as p.s.i.a. 17. p.s.i.g.--pounds per square inch gauge, a common unit of pressure; pressure expressed as p.s.i.g. corresponds to pressure relative to atmospheric pressure. At sea-level, atmospheric pressure is approximately 14.7 p.s.i. Subtracting 14.7 from a pressure expressed in units of p.s.i.a. yields the gauge pressure, expressed as p.s.i.g. 18. Qualified person--an individual who, by possession of a recognized degree, certificate, or professional standing, or who, by extensive knowledge, training, and experience, successfully demonstrates an ability to solve or resolve problems relating to the subject matter, the work, or the project.\25\ --------------------------------------------------------------------------- \25\ Adapted from 29 CFR 1926.32(m). --------------------------------------------------------------------------- 19. Trimix--a mixture of oxygen, nitrogen and helium that is used in hyperbaric environments instead of air to reduce nitrogen narcosis and the hazards of oxygen toxicity. 20. Working chamber--an enclosed space in the EPBTBM in which CAWs perform interventions, and which is accessible only through a man lock. E. Safety and Health Practices 1. Traylor would have to develop and implement a project-specific HOM, and submit the HOM to OSHA at least one year before using the EPBTBM on the project for which the HOM applies. The HOM would provide the governing requirements regarding expected safety and health hazards (including anticipated geological conditions) and hyperbaric exposures during the tunnel-construction project. 2. The HOM would be required to demonstrate that the EPBTBM to be used on the project is designed, fabricated, inspected, tested, marked, and stamped in accordance with the requirements of ASME PVHO-1.2012 (or most recent edition of Safety Standards for Pressure Vessels for Human Occupancy) for the EPBTBM's hyperbaric chambers. 3. When submitting the project-specific HOM to OSHA for approval, Traylor must demonstrate that it informed its employees of the proposed HOM and their right to petition the Assistant Secretary for a variance by: a. giving a copy of the proposed project-specific HOM to the authorized employee representatives; b. posting a statement giving a summary of the proposed project- specific HOM and specifying where its employees may examine a copy of the permanent variance application (at the place(s) where the applicant normally posts notices to employees or, instead of a summary, posting the application itself); or c. using other appropriate means. 4. Traylor may not begin hyperbaric interventions at pressures exceeding 50 p.s.i.g. until OSHA completes its review of the project- specific HOM and determines that the safety and health instructions and measures it specifies would be appropriate, would comply with the conditions of the variance, and would adequately protect the safety and health of CAWs. Traylor would have to receive a written acknowledgement from OSHA stating that: (1) OSHA found its project-specific HOM acceptable; and (2) OSHA determined that it may begin hyperbaric interventions at pressures exceeding 50 p.s.i.g. by complying fully with the conditions of the interim order or proposed permanent variance (as an alternative to complying with the requirements of the standard). Once approved by OSHA, the HOM would become part of this variance for the purposes of the project for which it was developed. 5. Traylor would have to implement the safety and health instructions included in the manufacturer's operations manuals for the EPBTBM, and the safety and health instructions provided by the manufacturer for the operation of decompression equipment. 6. Traylor would have to use air or trimix as the only breathing gas in the working chamber. 7. Traylor would have to use the 1992 French Decompression Tables for air, nitrox, and trimix decompression specified in the HOM, specifically, the extracted portions of the 1992 French [[Page 44397]] Decompression tables titled, ``French Regulation Air Standard Tables.'' 8. Traylor would have to equip man locks used by its employees with an air, nitrox, or trimix-delivery system as specified by the HOM approved by OSHA for the project. Traylor would be required to not store oxygen or other compressed gases used in conjunction with hyperbaric work in the tunnel. 9. Workers performing hot work under hyperbaric conditions would have to use flame-retardant personal protective equipment and clothing. 10. In hyperbaric work areas, Traylor would have to maintain an adequate fire-suppression system approved for hyperbaric work areas. 11. Traylor would have to develop and implement one or more JHAs for work in the hyperbaric work areas, and review, periodically and as necessary (e.g., after making changes to a planned intervention that affects its operation), the contents of the JHAs with affected employees. The JHAs would have to include all the job functions that the risk assessment \26\ indicates are essential to prevent injury or illness. --------------------------------------------------------------------------- \26\ See ANSI/AIHA Z10-2012, American National Standard for Occupational Health and Safety Management Systems, for reference. --------------------------------------------------------------------------- 12. Traylor would have to develop a set of checklists to guide compressed-air work and ensure that employees follow the procedures required by this proposed permanent variance (including all procedures required by the HOM approved by OSHA for the project, which this proposed variance would incorporate by reference). The checklists would have to include all steps and equipment functions that the risk assessment indicates are essential to prevent injury or illness during compressed-air work. 13. Traylor would have to ensure that the safety and health provisions of each HOM adequately protect the workers of all contractors and subcontractors involved in hyperbaric operations for the project to which the HOM applies.\27\ --------------------------------------------------------------------------- \27\ See ANSI/ASSE A10.33-2011, American National Standard for Construction and Demolition Operations--Safety and Health Program Requirements for Multi-Employer Projects, for reference. --------------------------------------------------------------------------- F. Communication 1. Prior to beginning a shift, Traylor would have to implement a system that informs workers exposed to hyperbaric conditions of any hazardous occurrences or conditions that might affect their safety, including hyperbaric incidents, gas releases, equipment failures, earth or rock slides, cave-ins, flooding, fires, or explosions. 2. Traylor would have to provide a power-assisted means of communication among affected workers and support personnel in hyperbaric conditions where unassisted voice communication is inadequate. a. Traylor would have to use an independent power supply for powered communication systems, and these systems would have to operate such that use or disruption of any one phone or signal location will not disrupt the operation of the system from any other location. b. Traylor would have to test communication systems at the start of each shift and as necessary thereafter to ensure proper operation. G. Worker Qualifications and Training Traylor would have to: 1. Ensure that each affected worker receives effective training on how to safely enter, work in, exit from, and undertake emergency evacuation or rescue from, hyperbaric conditions, and document this training. 2. Provide effective instruction, before beginning hyperbaric operations, to each worker who performs work, or controls the exposure of others, in hyperbaric conditions, and document this instruction. The instruction would include: a. The physics and physiology of hyperbaric work; b. Recognition of pressure-related injuries; c. Information on the causes and recognition of the signs and symptoms associated with decompression illness, and other hyperbaric intervention-related health effects (e.g., barotrauma, nitrogen narcosis, and oxygen toxicity). d. How to avoid discomfort during compression and decompression; e. Information the workers can use to contact the appropriate healthcare professionals should the workers have concerns that they may be experiencing adverse health effects from hyperbaric exposure; and f. Procedures and requirements applicable to the employee in the project-specific HOM. 3. Repeat the instruction specified in paragraph (G)(2) of this proposed condition periodically and as necessary (e.g., after making changes to its hyperbaric operations). 4. When conducting training for its hyperbaric workers, make this training available to OSHA personnel and notify the OTPCA at OSHA's National Office and OSHA's nearest affected Area Office before the training takes place. H. Inspections, Tests, and Accident Prevention 1. Traylor would have to initiate and maintain a program of frequent and regular inspections of the EPBTBM's hyperbaric equipment and support systems (such as temperature control, illumination, ventilation, and fire-prevention and fire-suppression systems), and hyperbaric work areas, as required under 29 CFR 1926.20(b)(2) by: a. Developing a set of checklists to be used by a competent person in conducting weekly inspections of hyperbaric equipment and work areas; and b. Ensuring that a competent person conducts daily visual checks and weekly inspections of the EPBTBM. 2. If the competent person determines that the equipment constitutes a safety hazard, Traylor would have to remove the equipment from service until it corrects the hazardous condition and has the correction approved by a qualified person. 3. Traylor would have to maintain records of all tests and inspections of the EPBTBM, as well as associated corrective actions and repairs, at the job site for the duration of the job. I. Compression and Decompression Traylor would have to consult with its attending physician concerning the need for special compression or decompression exposures appropriate for CAWs not acclimated to hyperbaric exposure. J. Recordkeeping Traylor would have to maintain a record of any recordable injury, illness, in-patient hospitalization, amputation, loss of an eye, or fatality (as defined by 29 CFR part 1904 Recording and Reporting Occupational Injuries and Illnesses), resulting from exposure of an employee to hyperbaric conditions by completing the OSHA 301 Incident Report form and OSHA 300 Log of Work Related Injuries and Illnesses. Note: Examples of important information to include on the OSHA 301 Incident Report form (along with the corresponding question on the form) would have to address the following: the task performed (Question (Q) 14); an estimate of the CAW's workload (Q 14); the composition of the gas mixture (e.g., air or trimix (Q 14)); the pressure worked at (Q 14); temperature in the work and decompression environments (Q 14); did something unusual occur during the task or decompression (Q 14); time of symptom onset (Q 15); duration of time between decompression and onset of symptoms (Q 15); nature and duration of symptoms (Q 16); a medical summary of the illness or injury (Q 16); duration of the hyperbaric intervention (Q 17); any possible contributing factors (Q 17); the number of prior interventions completed by injured or ill CAW (Q 17); the number of prior interventions completed by injured or ill CAW at that pressure (Q 17); the contact information for the treating [[Page 44398]] healthcare provider (Q 17); and the date and time of last hyperbaric exposure for this CAW. In addition to completing the OSHA 301 Incident Report form and OSHA 300 Log of Work Related Injuries and Illnesses, Traylor would have to maintain records of: 1. The date, times (e.g., began compression, time spent compressing, time performing intervention, time spent decompressing), and pressure for each hyperbaric intervention. 2. The name of each individual worker exposed to hyperbaric pressure and the decompression protocols and results for each worker. 3. The total number of interventions and the amount of hyperbaric work time at each pressure. 4. The post-intervention physical assessment of each individual CAW for signs and symptoms of decompression illness, barotrauma, nitrogen narcosis, oxygen toxicity or other health effects associated with work in compressed air or mixed gasses for each hyperbaric intervention. K. Notifications 1. To assist OSHA in administering the conditions specified herein, Traylor would have to: a. Notify the OTPCA and the nearest affected Area Office of any recordable injury, illness, in-patient hospitalization, amputation, loss of an eye, or fatality (by submitting the completed OSHA 301 Incident Report form \28\) resulting from exposure of an employee to hyperbaric conditions including those that do not require recompression treatment (e.g., nitrogen narcosis, oxygen toxicity, barotrauma), but still meet the recordable injury or illness criteria (of 29 CFR 1904). The notification would have to be made within 8 hours of the incident, or after becoming aware of a recordable injury or illness, and a copy of the incident investigation (OSHA 301) would have to be provided within 24 hours of the incident, or after becoming aware of a recordable injury or illness. In addition to the information required by the OSHA 301, the incident-investigation report would have to include a root-cause determination, and the preventive and corrective actions identified and implemented. --------------------------------------------------------------------------- \28\ See footnote 8. --------------------------------------------------------------------------- b. Provide certification within 15 days of the incident that it informed affected workers of the incident and the results of the incident investigation (including the root-cause determination and preventive and corrective actions identified and implemented). c. Notify the OTPCA and the nearest affected Area Office within 15 working days and in writing, of any change in the compressed-air operations that affects Traylor's ability to comply with the proposed conditions specified herein. d. Upon completion of each hyperbaric tunnel project, evaluate the effectiveness of the decompression tables used throughout the project, and provide a written report of this evaluation to the OTPCA and the neared affected Area Office. Note: The evaluation report would have to contain summaries of: (1) the number, dates, durations, and pressures of the hyperbaric interventions completed; (2) decompression protocols implemented (including composition of gas mixtures (air, oxygen, nitrox, and trimix), and the results achieved; (3) the total number of interventions and the number of hyperbaric incidents (decompression illnesses and/or health effects associated with hyperbaric interventions as recorded on OSHA 301 and 300 forms, and relevant medical diagnoses and treating physicians' opinions); and (4) root- causes, and preventive and corrective actions identified and implemented. e. To assist OSHA in administering the proposed conditions specified herein, inform the OTPCA and the nearest affected Area Office as soon as possible after it has knowledge that it will: i. Cease to do business; ii. Change the location and address of the main office for managing the tunneling operations specified by the project-specific HOM; or iii. Transfer the operations specified herein to a successor company. f. Notify all affected employees of this interim order/proposed permanent variance by the same means required to inform them of its application for a variance. 2. OSHA would have to approve the transfer of the proposed permanent variance to a successor company. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to Section 29 U.S.C. 655(6)(d), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1905.11. Signed at Washington, DC, on July 22, 2015. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2015-18319 Filed 7-24-15; 8:45 am] BILLING CODE 4510-26-P
![44386 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices
Signed at Washington, DC, on July 22, of Labor, 200 Constitution Avenue NW., Labor, 200 Constitution Avenue NW.,
2015. Room N–2625, Washington, DC 20210; Room N–3647, Washington, DC 20210;
David Michaels, telephone: (202) 693–2350 (TDY telephone: (202) 693–1999; email:
Assistant Secretary of Labor for Occupational number: (877) 889–5627). Note that Meilinger.francis2@dol.gov.
Safety and Health. security procedures may result in General and technical information:
[FR Doc. 2015–18320 Filed 7–24–15; 8:45 am] significant delays in receiving Contact Mr. Kevin Robinson, Director,
BILLING CODE 4510–26–P comments and other written materials Office of Technical Programs and
by regular mail. Contact the OSHA Coordination Activities, Directorate of
Docket Office for information about Technical Support and Emergency
DEPARTMENT OF LABOR security procedures concerning delivery Management, Occupational Safety and
of materials by express mail, hand Health Administration, U.S. Department
Occupational Safety and Health delivery, or messenger service. The of Labor, 200 Constitution Avenue NW.,
Administration hours of operation for the OSHA Docket Room N–3655, Washington, DC 20210;
[Docket No. OSHA–2012–0035] Office are 8:15 a.m.–4:45 p.m., e.t. telephone: (202) 693–2110; email:
4. Instructions: All submissions must Robinson.kevin@dol.gov. OSHA’s Web
Traylor Bros., Inc., Application for include the Agency name and the OSHA page includes information about the
Permanent Variance and Interim Order; docket number (OSHA–2012–0035). Variance Program (see http://
Grant of Interim Order; Request for OSHA places comments and other www.osha.gov/dts/otpca/variances/
Comments materials, including any personal index.html).
information, in the public docket SUPPLEMENTARY INFORMATION:
AGENCY: Occupational Safety and Health without revision, and these materials
Administration (OSHA), Labor. Copies of this Federal Register
will be available online at http:// notice. Electronic copies of this Federal
ACTION: Notice. www.regulations.gov. Therefore, the Register notice are available at http://
Agency cautions commenters about www.regulations.gov. This Federal
SUMMARY: In this notice, OSHA submitting statements they do not want
announces the application of Traylor Register notice, as well as news releases
made available to the public, or and other relevant information, also are
Bros., Inc., for a permanent variance and submitting comments that contain
interim order from the provisions of available at OSHA’s Web page at http://
personal information (either about www.osha.gov.
OSHA standards that regulate work in themselves or others) such as Social
compressed-air environments at 29 CFR Hearing Requests. According to 29
Security numbers, birth dates, and CFR 1905.15, hearing requests must
1926.803 and presents the Agency’s medical data.
preliminary finding to grant the include: (1) A short and plain statement
5. Docket: To read or download
permanent variance. OSHA also detailing how the proposed variance
submissions or other material in the
announces its grant of an interim order would affect the requesting party; (2) a
docket, go to http://www.regulations.gov
in this notice. OSHA invites the public specification of any statement or
or the OSHA Docket Office at the
to submit comments on the variance representation in the variance
address above. All documents in the
application to assist the Agency in application that the commenter denies,
docket are listed in the http://
determining whether to grant the and a concise summary of the evidence
www.regulations.gov index; however,
applicant a permanent variance based adduced in support of each denial; and
some information (e.g., copyrighted
on the conditions specified in this (3) any views or arguments on any issue
material) is not publicly available to
application. of fact or law presented in the variance
read or download through the Web site.1
application.
DATES: Submit comments, information, All submissions, including copyrighted
documents in response to this notice, material, are available for inspection at I. Notice of Application
and request for a hearing on or before the OSHA Docket Office. Contact the On April 26, 2012, Traylor Bros., Inc.,
August 26, 2015. The interim order OSHA Docket Office for assistance in 835 N. Congress Ave., Evansville, IN
specified by this notice becomes locating docket submissions. 47715, and Traylor/Skanska/Jay Dee
effective on July 27, 2015, and shall 6. Extension of Comment Period: Joint Venture, Blue Plains Tunnel, 5000
remain in effect until the interim order Submit requests for an extension of the Overlook SW., Washington, DC 20032,
is modified or revoked. comment period on or before August 26, submitted under Section 6(d) of the
ADDRESSES: Submit comments by any of
2015 to the Office of Technical Occupational Safety and Health Act of
the following methods: Programs and Coordination Activities, 1970 (‘‘OSH Act’’; 29 U.S.C. 655) and 29
1. Electronically: Submit comments Variance Program, Directorate of CFR 1905.11 (‘‘Variances and other
and attachments electronically at Technical Support and Emergency relief under section 6(d)’’), an
http://www.regulations.gov, which is Management, Occupational Safety and application for a permanent variance
the Federal eRulemaking Portal. Follow Health Administration, U.S. Department from several provisions of the OSHA
the instructions online for making of Labor, 200 Constitution Avenue NW., standard that regulates work in
electronic submissions. Room N–3655, Washington, DC 20210, compressed air at 29 CFR 1926.803.
2. Facsimile: If submissions, or by fax to (202) 693–1644. OSHA is addressing this request as two
including attachments, are not longer FOR FURTHER INFORMATION CONTACT: separate applications: (1) Traylor Bros.,
than 10 pages, commenters may fax Information regarding this notice is Inc. (‘‘Traylor’’ or ‘‘the applicant’’)
them to the OSHA Docket Office at (202) available from the following sources: request for a permanent variance for
Press inquiries: Contact Mr. Frank
tkelley on DSK3SPTVN1PROD with NOTICES
693–1648. future tunneling projects; and (2)
3. Regular or express mail, hand Meilinger, Director, OSHA Office of Traylor/Skanska/Jay Dee Joint Venture,
delivery, or messenger (courier) service: Communications, U.S. Department of Blue Plains Tunnel (‘‘Traylor JV’’). This
Submit comments, requests, and any 1 Traylor indicated that the decompression tables
notice only addresses the Traylor
attachments to the OSHA Docket Office, it intends to use for decompression with trimix are
application for an interim order and
Docket No. OSHA–2012–0035, proprietary. Therefore, these tables are not available permanent variance for future tunneling
Technical Data Center, U.S. Department in the docket. projects. This notice does not address
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projects is 75 p.s.i.g. and may involve is designed to reduce regulatory burden head of the EPBTBM) take place only
the use of trimix breathing gas. while maintaining or enhancing after the applicant halts tunnel
In reviewing Traylor’s application for employees’ safety and health. SIP–IV excavation and prepares the machine
future tunneling projects, OSHA will focus primarily on OSHA’s and crew for an intervention.
focused on the following important construction standards. Interventions occur to inspect or
considerations: As part of SIP–IV, OSHA is maintain the mechanical-excavation
• Variances are granted only to specific considering updating the components located in the forward
employers that submitted a properly decompression tables in Appendix A portion of the working chamber.
completed and executed variance (1926.803(f)(1)) (77 FR 72783). This Maintenance conducted in the forward
application. Traylor has met this requirement proposed action would permit portion of the working chamber
(for the single employer application); employers to use decompression includes changing replaceable cutting
• This notice announces only Traylor’s procedures and updated decompression tools, disposable wear bars, and, in rare
(single employer) application for a variance cases, repairs to the cutter head due to
dealing with future projects. It does not
tables that take advantage of new
address Traylor’s future hyperbaric tunneling hyperbaric technologies used widely in structural damage.
projects in association with unnamed joint extreme hyperbaric exposures. If the In addition to innovations in tunnel-
venture partners; planned SIP–IV revises Appendix A, excavation methods, research conducted
• Proposed variance conditions require Traylor (and similar tunneling after OSHA published its compressed-
Traylor to submit for OSHA’s review and contractors previously granted a air standard for construction in 1971,
approval a project-specific HOM at least one variance) will still require hyperbaric resulted in advances in hyperbaric
year prior to the start of work on any future medicine. In this regard, the applicant
project;
tunneling variances to address portions
of the standard not covered by SIP–IV asserts that the use of decompression
• The proposed variance conditions
(i.e., 29 CFR 1926.803(e)(5); protocols incorporating oxygen and
require the HOM to demonstrate that the
EPBTBM to be used on the project is .803(g)(1)(iii) and .803(g)(1)(xvii)). trimix is more efficient, effective, and
designed, fabricated, inspected, tested, If SIP–IV is completed (including the safer for tunnel workers than
marked, and stamped in accordance with the update of the decompression tables in compliance with the existing OSHA
requirements of ASME PVHO–1.2012 (or Appendix A (1926.803(f)(1)), OSHA will standard (29 CFR 1926, subpart S,
most recent edition of Safety Standards for modify Traylor’s (single employer) and Appendix A decompression tables).
Pressure Vessels for Human Occupancy) for similar variances granted to other According to the applicant, contractors
the TBM’s hyperbaric chambers. routinely and safely expose employees
• This condition ensures that each employers to include the applicable
SIP–IV provisions as appropriate. performing interventions in the working
proposed future tunneling project can be
comprehensively reviewed on a case-by-case OSHA considered Traylor’s chamber of EPBTBMs to hyperbaric
basis prior to OSHA granting its approval to application for a permanent variance pressures up to 75 p.s.i.g., which is 50%
Traylor to proceed with its new project; and interim order for future tunneling higher than maximum pressure
• Traylor may not begin hyperbaric projects. OSHA determined that Traylor specified by the existing OSHA standard
interventions at pressures exceeding 50 proposed an alternative that will (see 29 CFR 1926.803(e)(5)).
p.s.i.g. until OSHA completes its review of provide a workplace at least as safe and The applicant contends that the
the project-specific HOM and determines that alternative safety measures included in
the safety and health instructions and
healthful as that provided by the
standard. its application provide its workers with
measures it specifies would be appropriate,
would comply with the conditions of the
a place of employment that is at least as
II. The Variance Application safe and healthful as they would obtain
variance, would adequately protect the safety
and health of CAWs, and so notifies the A. Background under the existing provisions of OSHA’s
applicant; and compressed-air standard for
• Traylor will be required to submit new Traylor asserts that the advances in construction. The applicant certifies
applications requesting modification of its tunnel excavation technology described that it provided employee
single employer variance and approval of its in Section I of this notice modified representatives of affected workers with
project-specific HOM [with sufficient lead significantly the equipment and a copy of the variance application.3 The
time (at least one year prior to start of work methods used by contractors to applicant also certifies that it notified its
on any future project), to allow OSHA to construct subaqueous tunnels, thereby
complete the variance modification process], workers of the variance application by
making several provisions of OSHA’s posting at prominent locations where it
upon forming any future joint ventures. compressed-air standard for normally posts workplace notices, a
Further, on December 6, 2012, OSHA construction at 29 CFR 1926.803 summary of the application and
published a Federal Register notice (77 inappropriate for this type of work. information specifying where the
FR 72781) announcing a request for These advances reduce both the number workers can examine a copy of the
information (RFI) for its continuing of workers exposed, and the total application. In addition, the applicant
regulatory reviews named standards duration of exposure to the hyperbaric informed its workers and their
improvement projects (SIPs). The conditions associated with tunnel representatives of their rights to petition
Agency conducted similar regulatory construction. the Assistant Secretary of Labor for
reviews of its existing standards Using shielded mechanical- Occupational Safety and Health for a
previously and issued this latest RFI to excavation techniques, in conjunction hearing on the variance application.
initiate another of these regulatory with pre-cast concrete tunnel liners and
reviews, and naming this review the backfill grout, EPBTBMs provide B. Variance From Paragraph (e)(5) of 29
Standards Improvement Project—Phase methods to achieve the face pressures CFR 1926.803, Prohibition of Exposure
tkelley on DSK3SPTVN1PROD with NOTICES
IV (SIP–IV). The purpose of SIP–IV is to required to maintain a stabilized tunnel to Pressure Greater Than 50 p.s.i.g. (see
improve and streamline OSHA face, through various geologies, while Footnote 1)
standards by removing or revising isolating that pressure to the forward The applicant states that it may
requirements that are confusing or section (working or excavation chamber) perform hyperbaric interventions at
outdated, or that duplicate, or are of the EPBTBM.
inconsistent with other standards. Interventions involving the working 3 See the definition of ‘‘Affected employee or
Additionally, the regulatory review also chamber (the pressurized chamber at the worker’’ in section III. D.
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In addition, the project-specific HOM decompression) to control the release of man-lock attendant and under the
will require a physician certified in nitrogen gas from tissues into the blood oversight of the hyperbaric supervisor.
hyperbaric medicine to manage the system. Studies show that staged
E. Variance From Paragraph (g)(1)(xvii)
medical condition of CAWs during decompression, in combination with
of 29 CFR 1926.803, Requirement of
hyperbaric exposures and other features of the 1992 French
Special Decompression Chamber
decompression. A trained and Decompression Tables such as the use
experienced man-lock attendant also of oxygen, result in a lower incidence of The OSHA compressed-air standard
will be present during hyperbaric DCI than the OSHA decompression for construction requires employers to
exposures and decompression. This requirements of 29 CFR 1926.803, use a special decompression chamber of
man lock attendant will operate the which specify the use of automatically sufficient size to accommodate all
hyperbaric system to ensure compliance regulated continuous decompression CAWs being decompressed at the end of
with the specified decompression table. (see footnotes 10 through 18 in this the shift when total decompression time
A hyperbaric supervisor (competent notice for references to these studies).4 exceeds 75 minutes (see 29 CFR
person), trained in hyperbaric In addition, the applicant asserts that 1926.803(g)(1)(xvii)). Use of the special
operations, procedures, and safety, will staged decompression is at least as decompression chamber enables CAWs
directly oversee all hyperbaric effective as an automatic controller in to move about and flex their joints to
interventions, and ensures that staff regulating the decompression process prevent neuromuscular problems during
follow the procedures delineated in the because: decompression.
HOM or by the attending physician. 1. A hyperbaric supervisor (a As an alternative to using a special
The applicant asserts that at higher competent person experienced and decompression chamber, the applicant
hyperbaric pressures, decompression trained in hyperbaric operations, notes that since only the working
times exceed 75 minutes. The variance procedures, and safety) directly chamber of the EPBTBM is under
application and the project-specific supervises all hyperbaric interventions pressure, and only a few workers out of
HOMs will establish protocols and and ensures that the man-lock the entire crew are exposed to
procedures that provide the basis for attendant, who is a competent person in hyperbaric pressure, the man locks
alternate means of protection for CAWs the manual control of hyperbaric (which, as noted earlier, connect
under these conditions. Accordingly, systems, follows the schedule specified directly to the working chamber) and
based on these protocols and in the decompression tables, including the staging chamber are of sufficient size
procedures, the applicant requests to stops; and to accommodate the exposed workers
use the 1992 French Decompression 2. The use of the 1992 French during decompression. In addition,
Tables for hyperbaric interventions up Decompression Tables for staged space limitations in the EPBTBM do not
to 75 p.s.i.g. for future projects. The decompression offers an equal or better allow for the installation and use of an
applicant is committed to follow the level of management and control over additional special decompression lock
decompression procedures described in the decompression process than an or chamber. Again, the applicant uses
its application and the project-specific automatic controller and results in the existing man locks, each of which
HOM during these interventions. lower occurrences of DCI. adequately accommodates a three-
Accordingly, the applicant is applying member crew for this purpose when
D. Variance From Paragraph (g)(1)(iii) of for a permanent variance from the decompression lasts up to 75 minutes.
29 CFR 1926.803, Automatically OSHA standard at 29 CFR When decompression exceeds 75
Regulated Continuous Decompression 1926.803(g)(1)(iii), which requires minutes, crews can open the door
According to the applicant, breathing automatic controls to regulate connecting the two compartments in
air under hyperbaric conditions decompression. As noted above, the each man lock (during decompression
increases the amount of nitrogen gas applicant is committed to conduct the stops) or exit the man lock and move
dissolved in a CAW’s tissues. The staged decompression according to the into the staging chamber where
greater the hyperbaric pressure under 1992 French Decompression Tables additional space is available. The
these conditions, and the more time under the direct control of the trained applicant asserts that this alternative
spent under the increased pressure, the arrangement is as effective as a special
greater the amount of nitrogen gas 4 In the study cited in footnote 10, starting at page decompression chamber in that it has
dissolved in the tissues. When the 338, Dr. Eric Kindwall notes that the use of sufficient space for all the CAWs at the
pressure decreases during automatically regulated continuous decompression
in the Washington State safety standards for
end of a shift and enables the CAWs to
decompression, tissues release the compressed-air work (from which OSHA derived its move about and flex their joints to
dissolved nitrogen gas into the blood decompression tables) was at the insistence of prevent neuromuscular problems.
system, which then carries the nitrogen contractors and the union, and against the advice
gas to the lungs for elimination through of the expert who calculated the decompression F. Previous Tunnel Construction
exhalation. Releasing hyperbaric
table and recommended using staged Variances
decompression. Dr. Kindwall then states,
pressure too rapidly during ‘‘Continuous decompression is inefficient and OSHA notes that on May 23, 2014, it
decompression can increase the size of wasteful. For example, if the last stage from 4 psig granted a sub-aqueous tunnel
the bubbles formed by nitrogen gas in . . . to the surface took 1 h, at least half the time construction permanent variance to
is spent at pressures less than 2 psig . . ., which
the blood system, resulting in DCI, provides less and less meaningful bubble
Tully/OHL USA Joint Venture (79 FR
commonly referred to as ‘‘the bends.’’ suppression . . . .’’ In addition, the report 29809) from the same provisions of the
This description of the etiology of DCI referenced in footnote 5 under the section titled, standard that regulates work in
is consistent with current scientific ‘‘Background on the Need for Interim compressed air (at 29 CFR
Decompression Tables’’ addresses the continuous-
tkelley on DSK3SPTVN1PROD with NOTICES
theory and research on the issue (see decompression protocol in the OSHA compressed-
1926.803(e)(5), (f)(1), (g)(1)(iii), and
footnote 12 in this notice discussing a air standard for construction, noting that ‘‘[a]side (g)(1)(xvii)) that are the subject of the
1985 NIOSH report on DCI). from the tables for saturation diving to deep depths, present application. Additionally, as
The 1992 French Decompression no other widely used or officially approved diving previously stated in this notice, on
decompression tables use straight line, continuous
Tables proposed for use by the applicant decompressions at varying rates. Stage
March, 27, 2015, OSHA also granted a
provide for stops during worker decompression is usually the rule, since it is sub-aqueous tunnel construction
decompression (i.e., staged simpler to control.’’ permanent variance to Traylor JV for the
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![44398 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices
healthcare provider (Q 17); and the date and c. Notify the OTPCA and the nearest Signed at Washington, DC, on July 22,
time of last hyperbaric exposure for this affected Area Office within 15 working 2015.
CAW. days and in writing, of any change in David Michaels,
In addition to completing the OSHA the compressed-air operations that Assistant Secretary of Labor for Occupational
301 Incident Report form and OSHA affects Traylor’s ability to comply with Safety and Health.
300 Log of Work Related Injuries and the proposed conditions specified [FR Doc. 2015–18319 Filed 7–24–15; 8:45 am]
Illnesses, Traylor would have to herein. BILLING CODE 4510–26–P
maintain records of: d. Upon completion of each
1. The date, times (e.g., began
hyperbaric tunnel project, evaluate the
compression, time spent compressing, LEGAL SERVICES CORPORATION
effectiveness of the decompression
time performing intervention, time
spent decompressing), and pressure for tables used throughout the project, and
provide a written report of this Notice of Availability of Calendar Year
each hyperbaric intervention. 2016 Competitive Grant Funds for the
2. The name of each individual evaluation to the OTPCA and the neared
affected Area Office. Veterans Pro Bono Program
worker exposed to hyperbaric pressure
and the decompression protocols and Note: The evaluation report would AGENCY: Legal Services Corporation.
results for each worker. have to contain summaries of: (1) the ACTION: Solicitation of proposals for the
3. The total number of interventions number, dates, durations, and pressures provision of pro bono legal services to
and the amount of hyperbaric work time of the hyperbaric interventions veterans.
at each pressure. completed; (2) decompression protocols
4. The post-intervention physical implemented (including composition of SUMMARY: The Legal Services
assessment of each individual CAW for gas mixtures (air, oxygen, nitrox, and Corporation (LSC) provides grants of
signs and symptoms of decompression trimix), and the results achieved; (3) the federally-appropriated funds for civil
illness, barotrauma, nitrogen narcosis, total number of interventions and the legal services to low-income individuals
oxygen toxicity or other health effects number of hyperbaric incidents and families.
associated with work in compressed air (decompression illnesses and/or health Pursuant to Public Law 102–229, LSC
or mixed gasses for each hyperbaric effects associated with hyperbaric administers the process of awarding
intervention. interventions as recorded on OSHA 301 grant funds for the Veterans Pro Bono
and 300 forms, and relevant medical Program for the purpose of furnishing
K. Notifications effective, efficient and high quality pro
diagnoses and treating physicians’
1. To assist OSHA in administering bono legal services to eligible veterans
opinions); and (4) root-causes, and
the conditions specified herein, Traylor appearing before the United States Court
preventive and corrective actions
would have to: of Appeals for Veterans Claims (Court).
a. Notify the OTPCA and the nearest identified and implemented.
LSC hereby announces the availability
affected Area Office of any recordable e. To assist OSHA in administering of competitive grant funds for the
injury, illness, in-patient the proposed conditions specified Veterans Pro Bono Program for calendar
hospitalization, amputation, loss of an herein, inform the OTPCA and the year 2016 and solicits grant proposals
eye, or fatality (by submitting the nearest affected Area Office as soon as from interested parties. The exact
completed OSHA 301 Incident Report possible after it has knowledge that it amount of available funds and the date,
form 28) resulting from exposure of an will: terms, and conditions of their
employee to hyperbaric conditions i. Cease to do business; availability for calendar year 2016 will
including those that do not require be determined through the
recompression treatment (e.g., nitrogen ii. Change the location and address of
congressional appropriations process for
narcosis, oxygen toxicity, barotrauma), the main office for managing the
FY 2016. For the past three years,
but still meet the recordable injury or tunneling operations specified by the
Congress has appropriated
illness criteria (of 29 CFR 1904). The project-specific HOM; or
approximately $2.5 million each year.
notification would have to be made iii. Transfer the operations specified DATES: The deadline to submit a Notice
within 8 hours of the incident, or after herein to a successor company. of Intent to Compete is Friday, August
becoming aware of a recordable injury f. Notify all affected employees of this 28, 2015, at 5 p.m. Eastern Time.
or illness, and a copy of the incident interim order/proposed permanent Notices must be submitted by email to
investigation (OSHA 301) would have to variance by the same means required to veteransprobono@lsc.gov.
be provided within 24 hours of the inform them of its application for a ADDRESSES: Office of Program
incident, or after becoming aware of a variance. Performance, Veterans Pro Bono
recordable injury or illness. In addition
2. OSHA would have to approve the Program Competition, Legal Services
to the information required by the
transfer of the proposed permanent Corporation, 3333 K Street NW., Third
OSHA 301, the incident-investigation
variance to a successor company. Floor, Washington, DC 20007–3522.
report would have to include a root-
cause determination, and the preventive FOR FURTHER INFORMATION CONTACT: For
Authority and Signature
and corrective actions identified and questions about the application process,
implemented. David Michaels, Ph.D., MPH, please contact Meredith Horton, Office
b. Provide certification within 15 days Assistant Secretary of Labor for of Program Performance, by email at
of the incident that it informed affected Occupational Safety and Health, 200 veteransprobono@lsc.gov.
tkelley on DSK3SPTVN1PROD with NOTICES
workers of the incident and the results Constitution Avenue NW., Washington, SUPPLEMENTARY INFORMATION: Funds for
of the incident investigation (including DC 20210, authorized the preparation of the Veterans Pro Bono Program are
the root-cause determination and this notice. Accordingly, the Agency is authorized by and subject to Public Law
preventive and corrective actions issuing this notice pursuant to Section 102–229, title I, ch. II, 105 Stat. 1701,
identified and implemented). 29 U.S.C. 655(6)(d), Secretary of Labor’s 1710, as incorporated by reference in
Order No. 1–2012 (77 FR 3912, Jan. 25, subsequent appropriations for the
28 See footnote 8. 2012), and 29 CFR 1905.11. United States Court of Appeals for
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Document Created: 2018-02-23 09:27:05
Document Modified: 2018-02-23 09:27:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Submit comments, information, documents in response to this notice, and request for a hearing on or before August 26, 2015. The interim order specified by this notice becomes effective on July 27, 2015, and shall remain in effect until the interim order is modified or revoked. | |
| Contact | Information regarding this notice is available from the following sources: | |
| FR Citation | 80 FR 44386 |
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