[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Notices]
[Pages 66683-66685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26585]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2008-0044]
Permit-Required Confined Spaces; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comment.
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SUMMARY: OSHA solicits comments concerning its proposal to extend OMB
approval of the information collection requirement contained in the
Standard on Permit-Required Confined Spaces (29 CFR 1910.146). The
purpose of the information is to ensure that employers systematically
evaluate the dangers in permit spaces before entry is attempted, and to
ensure that adequate measures are taken to make the spaces safe for
entry.
DATES: Comments must be submitted (postmarked, sent, or received) by
January 9, 2009.
ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2008-0044,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2008-0044). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://www.regulations.gov. For further information on submitting comments see
the ``Public Participation'' heading in the section of this notice
titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the Act or for developing information
regarding the causes and prevention of occupational injuries,
illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires
that OSHA obtain such information with minimum burden upon employers,
especially those operating small businesses, and to reduce to the
maximum extent feasible unnecessary duplication of efforts in obtaining
information (29 U.S.C. 657).
Section 1910.146(c)(2) requires the employer to post danger signs
to inform exposed employees of the existence and location of, and the
danger posed by, permit spaces.
Section 1910.146(c)(4) requires the employer to develop and
implement a written ``permit-space program'' when the employer decides
that its employees will enter permit-spaces. The written program is to
be made available for inspection by employees and their authorized
representatives. Section 1910.146(d) provides the employer with the
requirements of a permit-required confined space program (``permit-
space program'') required under this paragraph.
Section 1910.146(c)(5)(i)(E) requires that the determinations and
supporting data specified by paragraphs (c)(5)(i)(A), (c)(5)(i)(B), and
(c)(5)(i)(C) of this section are documented by the employer and are
made available to each employee who enters a permit space or to that
employee's authorized representative.
Under paragraph (c)(5)(ii)(H) of Sec. 1910.146, the employer is
required to verify that the space is safe for entry and that the pre-
entry measures required by paragraph (c)(5)(ii) of this section have
been taken, using a written certification that contains the date, the
location of the space, and the signature of the person providing the
certification. The certification is to be made before entry and is
required to be made available to each employee entering the space or to
that employee's authorized representative.
Section 1910.146(c)(7)(iii) requires the employer to document the
basis for determining that all hazards in a permit space have been
eliminated using a certification that contains the date, the location
of the space, and the signature of the person making the determination.
The certification is to be made available to each employee entering the
space or to that employee's authorized representative.
Section 1910.146(c)(8)(i) requires that the employer inform the
contractor that the workplace contains permit spaces and that permit
space entry is allowed only through compliance with a permit space
program meeting the requirements of this section.
Section 1910.146(c)(8)(ii) requires that the employer apprise the
contractor of the elements, including the hazards identified and the
host employer's experience with the space, that make the space in
question a permit space. Section 1910.146(c)(8)(iii) requires that the
employer apprise the contractor of any precautions or procedures that
the host employer has implemented for the protection of employees in or
near permit spaces where contractor
[[Page 66684]]
personnel will be working. Section 1910.146(c)(8)(v) requires the
employer to debrief the contractor at the conclusion of the entry
operations regarding the permit space program followed and regarding
any hazards confronted or created in permit spaces during entry
operations.
Section 1910.146(c)(9)(iii) requires that the contractor inform the
host employer of the permit space program that the contractor will
follow and of any hazards confronted or created in permit spaces,
either through a debriefing or during the entry operation.
Section 1910.146(d)(5)(vi) requires the employer to immediately
provide each authorized entrant or that employee's authorized
representative with the results of any testing conducted in accordance
with paragraph (d) of this section.
Section 1910.146(e)(1) requires the employer to document the
completion of measures required by paragraph (d)(3) by preparing an
entry permit before employee entry is authorized. Paragraph (f) of
Sec. 1910.146 specifies the information to be included on the entry
permit. Paragraph (e)(3) requires that the employer make the completed
permit available at the time of entry to all authorized entrants by
posting the permit at the entry portal or by any other equally
effective means, so that the entrants can confirm that pre-entry
preparations have been completed. Paragraph (e)(6) requires the
employer to retain each canceled entry permit for at least one year.
Section 1910.146(g)(4) requires that the employer certify that the
training required by paragraphs (g)(1) through (g)(3) has been
accomplished by preparing a written certification record.
Section 1910.146(k)(1)(iv) requires that the employer inform each
rescue team or service of the hazards they may confront when called on
to perform rescue at the site.
Section 1910.146(k)(2)(ii) requires that the employer train
affected employees to perform assigned rescue duties. The employer must
ensure that such employees successfully complete the training required
to establish proficiency as an authorized entrant, as provided by
paragraphs (g) and (h) of this section. Section 1910.146(k)(2)(iii)
requires that the employer train affected employees in basic first-aid
and cardiopulmonary resuscitation (CPR). The employer shall ensure that
at least one member of the rescue team or service holding a current
certification in first aid and CPR is available.
Section 1910.146(k)(4) requires that if an injured entrant is
exposed to a substance for which a Material Safety Data Sheet (MSDS) or
other similar written information is required to be kept at the
worksite, that the employer make the MSDS or written information
available to the medical facility treating the exposed entrant.
Section 1910.146(l)(2) requires that employers make all information
required to be developed by this section available to affected
employees and their authorized representatives.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
collected; and
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Standard on Permit-Required
Confined Spaces (29 CFR 1910.146). OSHA is proposing to decrease the
existing burden hour estimate for the collection of information
requirements specified by the Standard from 1,523,763 hours to
1,475,091 hours, for a total decrease of 48,672 hours. This adjustment
decrease was due to updated data that indicated a slight decline in the
numbers of establishments with permit spaces, permit spaces, and permit
space entrants. The Agency will summarize the comments submitted in
response to this notice and will include this summary in the request to
OMB.
Type of Review: Extension of a currently approved collection.
Title: Permit-Required Confined Spaces (29 CFR 1910.146).
OMB Number: 1218-0203.
Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, local, or tribal government.
Number of Respondents: 219,456.
Frequency of Response: On occasion.
Average Time per Response: Varies from one minute (.02 hour) to
maintain a certificate to 16 hours to develop a written permit space
entry program.
Estimated Total Burden Hours: 1,475,091.
Estimated Cost (Operation and Maintenance): $0.
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2008-0044). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627).
Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.
V. Authority and Signature
Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork
[[Page 66685]]
Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's
Order No. 5-2007 (72 FR 31159).
Signed at Washington, DC, on November 3, 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E8-26585 Filed 11-7-08; 8:45 am]
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