11796 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Notices 

example, OSHA may become aware of 

new test standards by: (1) Monitoring 

notifications issued by certain 

Standards Development Organizations; 

(2) reviewing applications by NRTLs or 

applicants seeking recognition to 

include new test standard in their 

scopes of recognition; and (3) obtaining 

notification from manufacturers, 

manufacturing organizations, 

government agencies, or other parties. 

OSHA may determine to include a new 

test standard in the list, for example, if 

the test standard is for a particular type 

of product that another test standard 

also covers or it covers a type of product 

that no standard previously covered. 

In this notice, OSHA proposes to add 

one new test standard to the NRTL 

Program’s list of appropriate test 

standards. Table 2, below, lists the test 

standard that is new to the NRTL 

Program. OSHA preliminarily 

determined that this test standard is 

appropriate and proposes to include it 

in the NRTL Program’s list of 

appropriate test standards. OSHA seeks 

public comment on this preliminary 

determination. 

TABLE 2—STANDARD OSHA IS PROPOSING TO ADD TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST

STANDARDS

Test standard Test standard title 

ANSI FM 3265 Spark Detection and Extinguishing 

Systems. 

IV. Preliminary Findings on the 

Application 

FM submitted an acceptable 

application for expansion of the scope 

of recognition. OSHA’s review of the 

application files, and pertinent 

documentation, indicate that FM can 

meet the requirements prescribed by 29 

CFR 1910.7 for expanding the 

recognition to include the addition of 

these five test standards for NRTL 

testing and certification listed above. 

This preliminary finding does not 

constitute an interim or temporary 

approval of FM’s application. 

OSHA welcomes public comment as 

to whether FM meets the requirements 

of 29 CFR 1910.7 for expansion of the 

recognition as a NRTL. OSHA 

additionally welcomes comments on the 

proposal to add five additional test 

standards to the NRTL Program’s list of 

appropriate test standards. Comments 

should consist of pertinent written 

documents and exhibits. Commenters 

needing more time to comment must 

submit a request in writing, stating the 

reasons for the request. Commenters 

must submit the written request for an 

extension by the due date for comments. 

OSHA will limit any extension to 10 

days unless the requester justifies a 

longer period. OSHA may deny a 

request for an extension if the request is 

not adequately justified. To obtain or 

review copies of the exhibits identified 

in this notice, as well as comments 

submitted to the docket, contact the 

Docket Office, Occupational Safety and 

Health Administration, U.S. Department 

of Labor. These materials also are 

available online at http://

www.regulations.gov under Docket No. 

OSHA–2007–0041. 

OSHA staff will review all comments 

to the docket submitted in a timely 

manner and, after addressing the issues 

raised by these comments, will make a 

recommendation to the Assistant 

Secretary for Occupational Safety and 

Health whether to grant FM’s 

application for expansion of the scope 

of recognition. The Assistant Secretary 

will make the final decision on granting 

the application. In making this decision, 

the Assistant Secretary may undertake 

other proceedings prescribed in 

Appendix A to 29 CFR 1910.7. 

OSHA will publish a public notice of 

the final decision in the Federal 

Register. 

V. Authority and Signature 

Amanda L. Edens, Deputy 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. 8–2020 (85 FR 58393; Sept. 

18, 2020), and 29 CFR 1905.11. 

Signed at Washington, DC, on February 17, 

2021. 

Amanda L. Edens, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2021–03943 Filed 2–25–21; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2017–0014] 

Standard on Confined Spaces in 

Construction; Extension of the Office 

of Management and Budget’s (OMB) 

Approval of Information Collection 

(Paperwork) Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comments. 

SUMMARY: OSHA solicits public 

comments concerning the proposal to 

extend the Office of Management and 

Budget’s (OMB) approval of the 

information collection requirements 

contained in the Confined Spaces in 

Construction Standard. 

DATES: Comments must be submitted 

(postmarked, sent, or received) by April 

27, 2021. 

ADDRESSES: 

Electronically: You may submit 

comments, including attachments, 

electronically at http://

www.regulations.gov, the Federal 

eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Docket: To read or download 

comments or other material in the 

docket, go to http://

www.regulations.gov. 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 website. 

All submissions, including copyrighted 

material, are available for inspection 

through the OSHA Docket Office. 

Contact the OSHA Docket Office for 

assistance in locating docket 

submissions. 

Instructions: All submissions must 

include the agency name and the OSHA 

docket number for this Federal Register 

notice (OSHA–2017–0014). OSHA will 

place comments and requests to speak, 

including personal information, in the 

public docket, which may be available 

online. Therefore, OSHA cautions 

interested parties about submitting 

personal information such as Social 

Security numbers and birthdates. For 

further information on submitting 

comments, see the ‘‘Public 

Participation’’ heading in the section of 

this notice titled SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Seleda Perryman or Theda Kenney, 

Directorate of Standards and Guidance, 

OSHA, U.S. Department of Labor, 

telephone (202) 693–2222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Labor, as part of a 

continuing effort to reduce paperwork 

and respondent (i.e., employer) burden, 

conducts a preclearance process to 

provide the public with an opportunity 

to comment on proposed and 

continuing information collection 

requirements in accordance with the 

Paperwork Reduction Act of 1995 (PRA) 

(44 U.S.C. 3506(c)(2)(A)). This program 

ensures that information is in the 


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1 In this context, the final rule uses ‘‘monitoring’’ 

to match the general industry language, and the 

term encompasses both the initial testing of 

atmosphere and the subsequent measurements. 

desired format, the reporting burden 

(time and costs) is minimal, the 

collection instruments are clearly 

understood, and OSHA’s estimate of the 

information collection burden is 

accurate. The Occupational Safety and 

Health Act of 1970 (OSH Act) (29 U.S.C. 

651 et seq.) authorizes information 

collection by employers as necessary or 

appropriate for enforcement of the OSH 

Act, or for developing information 

regarding the causes and prevention of 

occupational injuries, illnesses, and 

accidents (29 U.S.C. 657). The OSH Act 

also requires OSHA to obtain such 

information with a minimum burden 

upon employers, especially those 

operating small businesses, and to 

reduce to the maximum extent feasible 

unnecessary duplication of effort in 

obtaining said information (29 U.S.C. 

657). 

The Standard specifies several 

information collection requirements. 

The following sections describe who 

uses the information collected under 

each requirement, as well as how they 

use it. Employers and employees would 

use these information collection 

requirements when they identify a 

confined space at a construction 

worksite. The purpose of the 

information would permit employers 

and employees to systematically 

evaluate the dangers in confined spaces 

before entry is attempted, and to ensure 

that adequate measures have been 

implemented to make the spaces safe for 

entry. In addition, the information 

collection requirements of the Standard 

specify requirements for developing and 

maintaining a number of records and 

other documents. Further, OSHA 

compliance safety and health officers 

would need the information to 

determine, during an inspection, 

whether employers are complying with 

the requirements. 

29 CFR 1926.1203—General 

Requirements 

29 CFR 1926.1203(b)(1)—Informing 

Employees of Permit Required Confined 

Spaces Dangers 

Paragraph (b)(1) requires employers 

who identify a permit required confined 

space (PRCS) to post danger signs or 

take other equally effective means to 

inform employees of the existence and 

location of, and the danger posed by, 

permit spaces. The note following 

paragraph (b)(1) provides an example of 

the content of the optional danger sign. 

29 CFR 1926.1203(b)(2)—Informing 

Controlling Contractors and Employees’ 

Authorized Representatives About PRCS 

Hazards 

Paragraph (b)(2) requires employers to 

inform, in a timely manner and in a 

manner other than posting, the 

employees’ authorized representatives 

and the controlling contractor, of the 

hazards of confined spaces and the 

location of those spaces. 

29 CFR 1926.1203(d)—Written Permit 

Space Program 

Paragraph (d) requires any employer 

that has employees who will enter a 

confined space to have and implement 

a written permit confined space 

program and to make the program 

available for inspection by employees 

and their representatives. Employers 

may write detailed permit space 

programs, while making the entry 

permits associated with the written 

programs less specific than the 

programs, provided the permits address 

the hazards of the particular space; 

conversely, the program may be less 

specific than the entry permit, in which 

case the employer must draft a detailed 

permit. 

29 CFR 1926.1203(e)(1)(v) and 

1926.1203(e)(2)(ix)—Alternate 

Procedure Documentation and 

Availability 

Paragraph (e)(1) sets forth the six 

conditions that an employer must meet 

before the employees can enter a permit 

space under the alternate procedures 

specified in paragraph (e)(2). 

Paragraph (e)(1)(v) requires employers 

to document the initial conditions 

before entry, including the 

determinations and supporting data 

required by paragraphs (e)(1)(i) through 

(e)(1)(iii) of the Standard (develop 

monitoring 1 and inspection data that 

supports the demonstrations required by 

paragraphs (e)(1)(i) and (e)(1)(ii), i.e., the 

elimination or isolation of physical 

hazards such that the only hazard in the 

space is an actual or potential hazardous 

atmosphere, and that continuous forcedair ventilation is sufficient to maintain 

the space safe for entry), and make this 

documentation available to employees 

who enter the spaces under the alternate 

procedures, or to their authorized 

representatives. 

In addition, paragraph (e)(2)(ix) 

requires the employer to verify that the 

permit space is safe for entry and that 

the employer took the measures 

required by paragraph (e)(2) (the 

procedures that employers must follow 

for permit space entries made under 

paragraph (e)(1)). The verification must 

be in the form of a certification that 

contains the date, the location of the 

space, and the signature of the certifying 

individual. The employer must make 

the alternate procedure documentation 

of paragraphs (e)(1)(v) and (e)(2)(ix) 

available to entrants or to their 

employees’ authorized representatives 

before entry. 

29 CFR 1926.1203(e)(2)(viii)—Written 

Approval for Job-Made Hoisting 

Systems 

Paragraph (e)(2)(vii) allows for the use 

of job-made hoisting systems if a 

registered professional engineer 

approves these systems for personnel 

hoisting prior to use in entry operations 

regulated by § 1926.1203(e). Unlike the 

proposed rule, the final rule requires an 

engineer’s approval to be in writing to 

ensure that the specifications and 

limitations of use are conveyed 

accurately to the employees 

implementing the job-made hoist, and 

that the approval can be verified. 

29 CFR 1926.1203(g)(3)—Certification of 

Former Permit Spaces as Non-Permit 

Spaces 

Paragraph (g)(3) requires an entry 

employer seeking to reclassify a space 

from permit to non-permit status to 

document the basis for determining that 

it eliminated all permit space hazards 

through a certification that contains the 

date, the location of the space, and the 

signature of the certifying individual. In 

addition, the employer must make the 

certification available to each employee 

entering the space or his or her 

authorized representative. A 

reevaluation aimed at reestablishing 

compliance with paragraph (g) will 

involve the demonstrations, testing, 

inspection, and documentation required 

in paragraphs (g)(1) through (g)(3). The 

employer must substantiate all 

determinations so that employers, 

employees, and the agency have the 

means necessary to evaluate those 

determinations and ensure compliance 

with the conditions that would enable 

the employer to conduct entry 

operations using the alternate 

procedures specified by § 1926.1203 

following reclassification. 

29 CFR 1926.1203(h)—Permit Space 

Entry Communication and Coordination 

In paragraph (h), OSHA designates the 

controlling contractor, rather than the 

host employer, as the information hub 

for confined spaces information-sharing 

and coordination because the 


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controlling contractor’s function at a 

construction site makes it better situated 

than the host employer (assuming that 

the host employer is not also the 

controlling contractor) to contribute to 

and to facilitate a timely and accurate 

information exchange among all 

employers who have employees 

involved in confined space work. On a 

construction worksite, the controlling 

contractor has overall authority for the 

site and is best situated to receive and 

disseminate information about the 

previous and current work performed 

there. 

29 CFR 1926.1203(h)(1)—Pre-Entry 

Duties of Host Employer 

Paragraph (h)(1) requires the host 

employer to share with the controlling 

contractor information that the host has 

about the location of known permit 

spaces, the hazards or potential hazards 

in each space or the reason it is a permit 

space, and any previous steps that it 

took, or that other employers took, to 

protect workers from the hazards in 

those spaces. 

29 CFR 1926.1203(h)(2)—Pre-Entry 

Information-Sharing Duties of 

Controlling Contractors 

OSHA requires controlling contractors 

to obtain the information specified in 

paragraph (h)(1) from the host employer 

(i.e., the location of permit spaces, the 

known hazards in those spaces, and 

measures employed previously to 

protect employees in that space). Then, 

before permit space entry, it must relay 

that information to any entity entering 

the permit space and to any entity 

whose activities could foreseeably result 

in a hazard in the confined space. (See 

paragraph (h)(2)(ii).) The controlling 

contractor must also share any other 

information that it has gathered about 

the permit space, such as information 

received from prior entrants. 

29 CFR 1926.1203(h)(2)(i)—Controlling 

Contractor Obtains Information From 

Host Employer 

Paragraph (h)(2)(i) requires the 

controlling contractor to obtain from the 

host employer, before permit space 

entry, available information regarding 

permit space hazards and previous entry 

operations. 

29 CFR 1926.1203(h)(2)(ii)—Controlling 

Contractor Provides Information to 

Entities Entering a Permit Space and 

Other Entities at the Worksite 

Paragraph (h)(2)(ii)(A) and (B) require 

the controlling contractor, before entry 

operations begin, to share with the 

entrants, and any other entity at the 

worksite whose activities could 

foreseeably result in a hazard in the 

permit space, the information that the 

controlling contractor received from the 

host employer, as well as any additional 

information the controlling contractor 

has about the topics listed in paragraphs 

(h)(1)(i) through (iii) (i.e., the location of 

permit spaces, the hazards in those 

spaces, and any previous efforts to 

address those hazards). 

Paragraph (h)(2)(ii)(C) requires the 

controlling contractor, before entry 

operations begin, to share with each 

specified entity any precautions or 

procedures that the host employer, 

controlling contractor, or any entry 

employer implemented earlier for the 

protection of employees working in 

permit spaces. 

29 CFR 1203(h)(3)—Pre-Entry 

Information-Sharing Duties of Entry 

Employers 

This provision sets forth the 

information-exchange requirements for 

entry employers. 

29 CFR 1926.1203(h)(3)(i) 

Paragraph (h)(3)(i) requires an entry 

employer to obtain information about 

the permit space entry operations from 

the controlling contractor, and works 

with paragraph (h)(2), which requires 

the controlling contractor to share 

information about permit-space entry 

operations with the entry employer. 

29 CFR 1926.1203(h)(3)(ii) 

Paragraph (h)(3)(ii) requires an entry 

employer to inform the controlling 

contractor of the permit space program 

that the entry employer will follow, 

including information about any 

hazards likely to be confronted or 

created in each permit space. This 

exchange must take place prior to entry 

to ensure that the controlling contractor 

is informed of all the hazards in a timely 

manner and can take action, if needed, 

to prevent an accident or injury before 

entry operations begin. 

29 CFR 1926.1203(h)(4)—Coordination 

Duties of Controlling Contractors and 

Entry Employers 

Paragraph 1203(h)(4) requires 

controlling contractors and entry 

employers to coordinate permit space 

entry operations in two circumstances: 

(1) When more than one entity performs 

entry operations at the same time, or (2) 

when permit space entry is performed at 

the same time that any activities that 

could foreseeably result in a hazard in 

the permit space are performed. 

29 CFR 1926.1203(h)(5)—Post-Entry 

Duties of Controlling Contractors and 

Entry Employers 

Paragraph (h)(5)(i) requires the 

controlling contractor to debrief each 

entity that entered a permit space, at the 

end of entry operations, about the 

permit space program followed, and any 

hazards confronted or created in the 

permit space(s) during entry operations, 

and then, as required by paragraph 

(h)(5)(iii), relay appropriate information 

to the host employer. Paragraph 

(h)(5)(ii) requires the entry employer to 

share the same information with the 

controlling contractor in a timely 

manner. 

29 CFR 1926.1203(i)—Absence of a 

Controlling Contractor 

Paragraph (i) provides that, in the 

event no employer meets the definition 

of a controlling contractor on a 

particular worksite, the host employer 

or other employer that arranges for 

permit space entry work must fulfill the 

information exchange and coordination 

duties of a controlling contractor. 

29 CFR 1926.1204—Permit Required 

Confined Space Program 

The agency requires each employer 

with employees who will enter a permit 

space to have and implement a written 

permit space program at the 

construction site (with the exception of 

ventilation-only entries conducted in 

accordance with § 1926.1203(e)). Also 

see discussion of 29 CFR 1926.1203(d) 

and 29 CFR 1926.1212(a), requirements 

that pertain to the written program. 

As required elements of the written 

program, OSHA considers all provisions 

of § 1926.1204 to be information 

collection requirements: e.g., paragraphs 

(a) (implementation of the measures 

necessary to prevent unauthorized 

entry); (b) (identification and evaluation 

of the hazards of PRCSs); (c) (safe permit 

space entry operations); (d) (equipment); 

(e) (evaluation of PRCS conditions 

during entry operations); (f) (attendant 

required); (g) (attendant emergency 

procedures); (h) (designation of entry 

operation duties); (i) (summoning rescue 

and emergency services procedures); (j) 

(system for cancellation of entry 

permits, including safe termination of 

entry operations); (k) (entry operation 

coordination procedures); (l) (entry 

operation conclusion procedures); (m) 

(entry operation review); and (n) (permit 

space program review). In addition, 

some provisions of § 1926.1204 

constitute information collection 

requirements for reasons other than 

inclusion in the written program, as 

described below. 


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29 CFR 1926.1204(c), (g), (h), (i), (j), (k) 

and (l))—Development of Procedures 

Paragraph 1926.1204(c) requires an 

employer to develop procedures needed 

to facilitate safe entry operations into 

permit spaces. The subparagraphs in (c) 

provide specific elements of the 

required procedures that employers 

must include in the permit program: 

Identifying safe entry conditions that 

employers must meet to initiate and 

conduct the entry safely (paragraph 

(c)(1)); providing each authorized 

entrant with the opportunity to observe 

monitoring or testing (paragraph (c)(2)); 

isolating the PRCS (paragraph (c)(3)); 

purging, inerting, flushing, or 

ventilating the permit space (paragraph 

(c)(4)); ensuring that monitoring devices 

will detect an increase in atmospheric 

hazard levels in the event that the 

ventilation system malfunctions, and to 

do so in adequate time for employees to 

safely exit the space (paragraph (c)(5)); 

providing barriers to protect entrants 

from external hazards (paragraph (c)(6)); 

verifying that conditions are acceptable 

for entry and preventing employees 

from entering the permit space with a 

hazardous atmosphere unless 

demonstrating that personal protective 

equipment (PPE) will be effective for 

each employee (paragraph (c)(7)); and 

eliminating any conditions that could 

make it unsafe to remove an entrance 

cover (paragraph (c)(8)). Before entry is 

authorized, each entry employer must 

document the completion of these 

measures by preparing an entry permit, 

as required by paragraph 1926.1205(a). 

Under paragraphs (g) through (l), 

entry employers are also required to 

develop procedures for: Having an 

attendant respond to emergencies 

affecting multiple permit spaces 

monitored (paragraph (g)); specifying 

employees’ name, confined space entry 

roles and duties (paragraph (h)); 

summoning rescue and emergency 

services, rescuing entrants from permit 

spaces, providing necessary emergency 

services to rescued employees, 

preventing unauthorized personnel from 

attempting a rescue (paragraph (i)); 

cancelling entry permits (paragraph (j)); 

coordinating entry operations 

(paragraph (k)); and for terminating an 

entry permit and entry operations 

(paragraph (l)). 

29 CFR 1926.1204(c)(3) and 

1203(e)(1)(i)—Lockout/Tagout 

Paragraphs (c)(3) and (e)(1)(i) (for 

PRCSs using alternate procedures) 

require tagging in accordance with the 

definition of ‘‘isolate’’ or ‘‘isolation’’ 

(see paragraph 1202), which requires 

employers to ‘‘lockout or tagout . . . all 

sources of energy.’’ 

29 CFR 1926.1204(e)(6)—Providing 

Testing and Monitoring Results to 

Employees 

Paragraph (e)(6) requires each entry 

employer to immediately provide the 

results of any testing conducted in 

accordance with paragraph 1204 to each 

authorized entrant or that employee’s 

authorized representative. 

29 CFR 1926.1204(m)—Review of Entry 

Operations and Revision of Procedures 

When Inadequate 

Paragraph (m) requires each entry 

employer to review the permit space 

program whenever the procedures are 

inadequate, and to revise those 

procedures when necessary. 

29 CFR 1926.1204(n)—Annual Review 

of Written Program 

Paragraph (n) requires each entry 

employer to review the permit space 

program at least every year and make 

revisions to the procedures as necessary. 

This provision requires an employer to 

review cancelled permits within one 

year after each entry. 

29 CFR 1926.1205—Permitting Process 

An employer conducting a permit 

space entry must post an entry permit 

outside the permit space to document 

the employer’s efforts to identify and 

control conditions in that permit space. 

Section 1205 sets forth the required 

process for establishing entry permits 

and § 1926.1206 sets forth the required 

specific information that must be 

identified on the permit. 

29 CFR 1926.1205(a)—Preparing an 

Entry Permit 

Paragraph (a) requires each entry 

employer to prepare, prior to entry into 

a PRCS, an entry permit containing all 

the information specified in 

§ 1926.1204(c) (practices and 

procedures for ensuring safe entry). 

29 CFR 1926.1205(b) and 

1926.1210(b)—Signing the Permit 

Paragraph (b) requires the entry 

supervisor to sign the permit before 

entry begins. Similarly, paragraph 

1926.1210(b) requires the entry 

supervisor to verify that the employer 

performed all tests specified by the 

entry permit, and that all procedures 

and equipment so specified are in place 

before he or she may sign the permit 

and allow entry. The paragraph also 

specifies that the entry supervisor must 

verify this information by checking that 

the corresponding entries made on the 

permit. 

29 CFR 1926.1205(c)—Posting the 

Permit 

Paragraph (c) requires an employer to 

make the completed entry permit 

available to all authorized entrants, or 

their authorized representatives, at the 

time each employee enters the space, by 

posting it at the entry portal or by any 

other equally effective means, so that 

entrants can confirm that pre-entry 

preparations have been accomplished. 

29 CFR 1926.1205(f)—Retaining the 

Permit 

Paragraph (f) requires the employer to 

retain each entry permit for at least 1 

year to facilitate the review of the 

permit required by paragraph 

1926.1204(n) of the Standard. Any 

problems encountered during an entry 

operation must be noted on the 

pertinent permit so that appropriate 

revisions to the permit space program 

can be made. Employers should list the 

problems encountered during entry 

resulting in the cancellation or 

suspension of a permit on the entry 

permit. 

29 CFR 1926.1206—Entry Permit 

An employer conducting a permit 

space entry must post an entry permit 

outside the permit space to document 

the employer’s efforts to identify and 

control conditions in that permit space 

(see § 1926.1205(c)). 

29 CFR 1926.1206 (a)–(p) and 29 CFR 

1926.1209(c)—Contents of the Permit 

Paragraphs 1926.1206(a)–(p) and 

1926.1209(c) set forth the information 

which must be identified on the permit. 

Paragraph (a) requires the employer to 

identify the permit space workers are 

planning to enter. Paragraph (b) requires 

the employer to record the purpose of 

the entry. This information must be 

sufficiently specific, such as identifying 

specific tasks or jobs that employees are 

to perform within the space, to confirm 

that the employer considered 

performance of each specific 

construction activity in the hazard 

assessment of the PRCS. Paragraph (c) 

requires the employer to record the date 

and authorized duration of the planned 

entry. Paragraph (d) and paragraph 

1209(c) require the employer to record 

the identity of the authorized entrants 

so that the attendant is capable of safely 

overseeing the entry operations. 

Employers can meet this requirement by 

referring in the entry permit to a system 

such as a roster or tracking system used 

to keep track of who is currently in the 

PRCS. Under paragraph (e), when a 

permit program requires ventilation, 

OSHA requires employers to ensure that 

they have a monitoring system in place 


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that will alert employees of increased 

atmospheric hazards in the event the 

ventilation system stops working. (See 

§ 1926.1204(c)(5).) This provision 

requires the employer to record the 

means of detecting an increase in 

atmospheric-hazard levels if the 

ventilation system stops working. 

Paragraph (f) requires the employer to 

record the names of each attendant 

required to be stationed outside each 

permit space for the duration of entry 

operations. Paragraph (g) requires the 

employer to record the name of each 

employee currently serving as entry 

supervisor. Paragraph (h) requires the 

employer to record the hazards 

associated with the planned confined 

space entry operations. This list must 

include all hazards, regardless of 

whether the employer protects the 

authorized entrants from the hazards by 

isolation, control, or PPE. Paragraph (i) 

requires the employer to record the 

measures used to isolate or control the 

hazards prior to entry. Paragraph (j) 

requires the employer to specify the 

acceptable entry conditions. Paragraph 

(j) also requires employers, when 

applicable, to provide the ventilation 

malfunction determinations made in 

paragraph (c)(5) of § 1926.1204. 

Paragraph (k) requires the employer to 

record the dates, times, and results of 

the tests and monitoring performed 

prior to entry, and the names or initials 

of the individual/s who performed each 

test. Employers also must include the 

initial entry monitoring results on the 

entry permit; these results serve as a 

baseline for subsequent measurements. 

Paragraph (l) requires the employer to 

identify the rescue and emergency 

services required by the Standard, and 

the means by which these services will 

be summoned when needed. In some 

cases, an employer must include 

pertinent information, such as 

communication equipment and 

emergency telephone numbers, on the 

permit to sufficiently identify the means 

by which the rescue services will be 

summoned. Paragraph (m) requires the 

employer to record all the methods of 

communication used by authorized 

entrants and attendants during entry 

operations. Paragraph (o) requires the 

employer to record any additional 

information needed to ensure safe 

confined space entry operations. 

Paragraph (p) requires the employer to 

record information about any other 

permits, such as for hot work, issued for 

work inside the confined space. If the 

employer identifies additional permits, 

these additional permits may be, but are 

not required to be, attached to the entry 

permit. 

29 CFR 1926.1207(d)—Training Records 

Under paragraph (d), employers must 

maintain training records. In addition, 

the employer record must contain the 

names of each employee trained, the 

trainer’s name, and the dates of training, 

and the employer must make these 

records available for inspection by 

employees and their authorized 

representatives for the period of time 

that the employee is employed by the 

employer. This documentation can take 

any form that reasonably demonstrates 

the employee’s completion of the 

training. 

29 CFR 1926.1208—Duties of 

Authorized Entrants 

29 CFR 1926.1208(c)) and 29 CFR 

1926.1208(d)—Communicate With 

Attendant 

Paragraph (c) requires an employer to 

ensure that an authorized entrant 

communicates effectively with the 

attendant to facilitate the assessment of 

entrant status and timely evacuation as 

required by § 1209(f). 

Paragraph (d) requires an employer to 

ensure that an authorized entrant alerts 

the attendant whenever one of the 

following circumstances in paragraphs 

1926.1208(d)(1)–(2) arises: (1) There is a 

warning sign or symptom of exposure to 

a dangerous situation; or (2) the entrant 

recognizes a prohibited condition. In 

some instances, a properly trained 

authorized entrant may be able to 

recognize and report his/her own 

symptoms, such as headache, dizziness, 

or slurred speech, and take the required 

action. In other cases, the authorized 

entrant, once the effects begin, may be 

unable to recognize or report them. In 

these latter cases, this provision requires 

that other, unimpaired, authorized 

entrants in the PRCS, who employers 

must properly train to recognize signs, 

symptoms, and other hazard exposure 

effects in other authorized entrants, 

report these effects to the attendant. 

29 CFR 1926.1209—Duties of 

Attendants 

29 CFR 1926.1209(e)—Communicate 

With Authorized Entrants 

Paragraph (e) requires the attendant to 

communicate with authorized entrants 

as necessary to assess and keep track of 

the entrants’ status and to notify 

entrants if evacuation under paragraph 

1926.1209(f) of the Standard is 

necessary. Use of the word ‘‘assess’’ 

connotes an interactive duty in which 

the attendant may ask questions of the 

entrant, or ask the entrant to perform a 

task so that the attendant can evaluate 

the entrant’s status. 

29 CFR 1926.1209(f)—Order Evacuation 

Paragraph 1926.1209(f) requires the 

attendant to assess the activities and 

conditions inside and outside the space 

to determine if it is safe for entrants to 

stay in the space. OSHA requires the 

attendant to evacuate the permit space 

under any of the four ‘‘conditions’’ 

listed in paragraphs 1926.1209(f)(1) 

through (f)(4): (1) The attendant notices 

a prohibited condition, (2) the attendant 

identifies the behavioral effects of 

hazard exposure in an authorized 

entrant, (3) there is a condition outside 

the space that could endanger the 

authorized entrants, or (4) the attendant 

cannot effectively and safely perform 

the duties required under § 1926.1209. If 

the attendant notices a condition or 

activity outside the space not addressed 

by the entry coordination procedures, 

then the attendant or entry supervisor 

could, directly or through the 

controlling contractor, seek to correct 

the condition or stop the activity (such 

as described in the above example). If 

the attendant cannot address the 

situation immediately, then the 

attendant must order the entrants to 

evacuate the permit space until the 

employer resolves the problem. 

29 CFR 1926.1209(g)—Summon Rescue 

Services 

Paragraph (g) requires the attendant to 

call upon rescue and other emergency 

services as soon as he or she decides 

that authorized entrants may need 

assistance to escape from permit space 

hazards. 

29 CFR 1926.1209(h)—Entry Employer 

Duties 

Paragraph (h) requires the attendant to 

take the actions specified in 

§ 1926.1209(h)(1) through (h)(3) to 

prevent unauthorized persons from 

entering a permit space while entry is 

taking place. 

29 CFR 1926.1209(h)(1)—Warn NonAuthorized Entrants to Stay Away 

If someone other than an authorized 

entrant happens to approach the PRCS, 

paragraph (h)(1) specifies that the 

attendant must make that individual 

aware that he/she must stay away from 

the PRCS. Some construction sites may 

be accessible to the public, so the 

attendant also would be responsible for 

warning members of the public who 

may attempt to enter a permit space at 

the site. 

29 CFR 1926.1209(h)(2)—Advise NonAuthorized Entrants to Exit the PRCS 

Immediately 

Paragraph (h)(2) requires the 

attendant, should an unauthorized 


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Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Notices 11801 

person enter the PRCS, to advise him/ 

her to exit the space immediately. 

29 CFR 1926.1209(h)(3)—Notify the 

Entry Supervisor of Unauthorized 

Persons in the PRCS 

Paragraph (h)(3) requires the 

attendant to notify the entry supervisor, 

along with the authorized entrants, of 

unauthorized persons who have entered 

the PRCS. 

29 CFR 1926.1210—Duties of Entry 

Supervisors 

Paragraph (b) is described above in 

the discussion of paragraph 

1926.1205(a). Paragraph (d) is described 

below in the discussion of paragraph (c). 

29 CFR 1926.1211—Rescue and 

Emergency Services 

29 CFR 1926.1211(a)(1) and (a)(2)— 

Assess Prospective Rescue Service’s 

Response Abilities 

Paragraph (a)(1) requires an employer 

to assess a prospective rescue service’s 

ability to respond to a rescue summons 

in a timely manner. Paragraph (a)(2) 

requires an employer to assess a 

prospective rescue service’s ability to 

provide adequate and effective rescue 

services. In evaluating a prospective 

rescue provider’s abilities, the employer 

also must consider the willingness of 

the service to become familiar with the 

particular hazards and circumstances 

faced during the permit space entries. 

Paragraphs (a)(4) and (a)(5) of 

§ 1926.1211 require the employer to 

provide the designated rescuers with 

information about the confined spaces 

and access to those spaces to allow the 

rescuers to develop appropriate rescue 

plans and to perform rescue drills. 

29 CFR 1926.1211(a)(4)—Communicate 

With Rescue Services 

Paragraph (a)(4) requires an employer 

to inform the designated rescue service 

of the known hazards associated with 

the permit space in the event that a 

rescue becomes necessary. To meet the 

requirements of this provision, the 

employer would have to inform the 

rescue service prior to issuing a permit 

that the employer selected the service to 

rescue the employees in the event of an 

emergency, and that the employer is 

relying on the rescue services to perform 

these rescues when necessary. 

Compliance with this paragraph, as well 

as with paragraphs (a)(1) and (a)(2) of 

this section, often requires the employer 

to provide this information to the rescue 

service immediately prior to each 

permit space entry. Similarly, if an entry 

involves hazards not usually 

encountered by the rescue service, or 

hazards or a configuration that would 

require the rescue service to use 

equipment that it does not always have 

available, then the employer would 

have to notify the rescue service of these 

hazards and conditions prior to 

beginning the entry operation. 

29 CFR 1926.1211(a)(5)—Develop a 

Rescue Service Plan 

Paragraph (a)(5) requires an employer 

to provide the designated rescue team or 

service with access to all permit spaces 

from which the rescue may need to 

perform a rescue so that the rescue team 

or service, whether in-house or third 

party, can develop appropriate rescue 

plans. 

29 CFR 1926.1210(d) and 29 CFR 

1926.1211(c)—Confirm Rescue Service 

Availability 

If an entry employer determines that 

it will use non-entry rescue, it must 

confirm, prior to entry, that emergency 

assistance will be available in the event 

that non-entry rescue fails. Likewise, 

paragraph (d) requires the entry 

supervisor to verify that rescue services 

are available, and that the means for 

obtaining such services are operable. 

29 CFR 1926.1211(d)—Provide Safety 

Data Sheet (SDS) to Treating Medical 

Facilities 

Paragraph (d) requires an employer to 

provide relevant information about a 

hazardous substance to a medical 

facility treating an entrant exposed to 

the hazardous substance if the substance 

is one for which the employer must 

keep a SDS or other similar information 

at the worksite. 

29 CFR 1926.1212—Employee 

Participation 

29 CFR 1926.1212(a)—Consult With 

Employees/Authorized Representatives 

on Development and Implementation of 

a Written Program 

Paragraph (a) requires employers to 

consult with affected employees and 

their authorized representatives in the 

development and implementation of the 

written permit space program required 

by § 1926.1203. 

29 CFR 1926.1212(b)—Employee Access 

Paragraph (b) requires that affected 

employees and their authorized 

representatives have access to all 

information developed under this 

standard. Other sections of this standard 

already specifically require that 

employers make information available 

to employees and their representatives. 

These provisions include 

§§ 1926.1203(d) (written program); 

1926.1203(e)(1)(v) and (e)(2)(ix) 

(alternate procedure certification); 

1926.1203(g) (reclassification 

certification); 1926.1204(e)(6) 

(monitoring and testing results); 

1926.1205(c) (completed permit); and 

1926.1207(d) (training records). 

29 CFR 1926.1213—Disclosure 

Paragraph 1926.1213 requires an 

employer, who must retain 

documentation under the Standard, to 

make this information available to the 

Secretary of Labor, or a designee, upon 

request. The request from the Secretary 

or the Secretary’s designee (for example, 

OSHA) may be either oral or written. 

II. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirements are necessary 

for the proper performance of the 

agency’s functions, 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 

The agency requests approval for an 

adjustment increase of 47,047.02 burden 

hours (from 660,103 to 707,150.02) to 

adjust for an increase in the estimated 

number of affected employers. For the 

same reason, the agency also requests 

approval for an increase of $82,670.19 

in capital costs (from $1,017,859 to 

$1,100,529.19) for signs, tags, and gas 

monitors. 

Type of Review: Extension of a 

currently approved collection. 

Title: Confined Spaces in 

Construction (29 CFR part 1926 subpart 

AA). 

OMB Control Number: 1218–0258. 

Affected Public: Business or other forprofits. 

Number of Respondents: 32,510. 

Frequency: Initially; Annually; On 

occasion. 

Average Time per Response: Varies. 

Estimated Number of Responses: 

4,426,655. 

Estimated Total Burden Hours: 

707,150.02. 

Estimated Cost (Operation and 

Maintenance): $1,100,529.19. 


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11802 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Notices 

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. 

Please note: While OSHA’s Docket 

Office is continuing to accept and 

process submissions by regular mail, 

due to the COVID–19 pandemic, the 

Docket Office is closed to the public and 

not able to receive submissions to the 

docket by hand, express mail, 

messenger, and courier service. All 

comments, attachments, and other 

material must identify the agency name 

and the OSHA docket number for the 

ICR (Docket No. OSHA–2017–0014). 

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 

electronic comments by your name, 

date, and the docket number so that the 

agency can attach them to your 

comments. 

Due to security procedures, the use of 

regular mail may cause a significant 

delay in the receipt of comments. 

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 dates 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 website. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Information on using the http://

www.regulations.gov website to submit 

comments and access the docket is 

available at the website’s ‘‘User Tips’’ 

link. Contact the OSHA Docket Office at 

(202) 693–2350, (TTY (877) 889–5627) 

for information about materials not 

available through the website, and for 

assistance in using the internet to locate 

docket submissions. 

V. Authority and Signature 

Amanda L. Edens, Deputy Assistant 

Secretary of Labor for Occupational 

Safety and Health, directed the 

preparation of this notice. The authority 

for this notice is the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506 

et seq.) and Secretary of Labor’s Order 

No. 1–2012 (77 FR 3912). 

Signed at Washington, DC, on February 19, 

2021. 

Amanda L. Edens, 

Deputy Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. 2021–04044 Filed 2–25–21; 8:45 am] 

BILLING CODE 4510–26–P 

NATIONAL COUNCIL ON DISABILITY 

Sunshine Act Meetings 

TIME AND DATE: The Members of the 

National Council on Disability (NCD) 

will hold a quarterly business meeting 

on Thursday, March 11, 2021, 1:00 

p.m.–4:00 p.m., Eastern Standard Time 

(EST). 

PLACE: This meeting will occur via 

Zoom videoconference. Registration is 

not required. Interested parties are 

encouraged to join the meeting in an 

attendee status by Zoom Desktop Client, 

Mobile App, or Telephone to dial-in. 

Updated information is available on 

NCD’s event page at https://ncd.gov/ 

events/2021/upcoming-council-meeting. 

To join the Zoom webinar, Please use 

the following URL: https://zoom.us/j/ 

91726349831?pwd=dTNxNHFoWUd

YRVRGaER1SG53Qm01dz09 or enter 

Webinar ID: 917 2634 9831 in the Zoom 

app. The Passcode is: 271768. 

To join the Council Meeting by 

telephone, dial one of the preferred 

numbers listed. The following numbers 

are (for higher quality, dial a number 

based on your current location): (312) 

626–6799; (646) 876–9923; (301) 715– 

8592; (346) 248–7799; (408) 638–0968; 

(669) 900–6833; or (253) 215–8782. You 

will be prompted to enter the meeting 

ID 917–2634–9831 and passcode 

271768. 

In the event of teleconference 

disruption or failure, attendees can 

follow the meeting by accessing the 

Communication Access Realtime 

Translation (CART) link provided. 

CART is text-only translation that 

occurs real time during the meeting and 

is not an exact transcript. 

MATTERS TO BE CONSIDERED: Following 

welcome remarks and introductions, the 

Chairman will provide a report; 

followed by a discussion on open items 

from the November 2020 Council 

Meeting; reports provided by the 

Executive Director and representatives 

from the Executive Committee; an 

update on policy projects for the 

remainder of Fiscal Year 2021; 

discussion of follow-up projects on 

former policy reports; a schedule of 

2021 Council Meetings; and any 

unfinished business before 

adjournment. 

Agenda: The times provided below 

are approximations for when each 

agenda item is anticipated to be 

discussed (all times Eastern Standard 

Time): 

Thursday, March 11, 2021 

1:00–1:10 p.m. Welcome and Call to 

Order 

1:10–1:30 p.m. Chairman’s Report 

1:30–2:00 p.m. Open Items from 

November 2020 Council Meeting 

2:00–2:15 p.m. Executive Director’s 

Report 

2:15–2:45 p.m. Executive Committee 

Report 

2:45–3:15 p.m. Policy Project Updates, 

Remainder FY21 

3:15–3:45 p.m. Follow-up Projects on 

Former Policy Reports 

3:45–4:00 p.m. Schedule of 2021 

Council Meetings, Unfinished 

Business 

4:00 p.m. Adjourn 

Public Comment: There is no inperson public comment session during 

this council meeting, however the 

Council is soliciting public comment by 

email, providing an opportunity to hear 

from you—individuals, businesses, 

providers, educators, parents and 

advocates. Your comments are 

important in bringing attention to the 

issues in your community. Of specific 

interest is your feedback to the Vision 

and Priority Statement released by NCD 

Chairman Andre ́s Gallegos, available at: 

https://ncd.gov/newsroom/2021/visionand-priority-statement-ncd-chairmangallegos, and any general topics you 

would like to share with the Council. To 

provide comments, please send an email 

to PublicComment@ncd.gov with the 

subject line ‘‘Public Comment’’ and 

your name, organization, state, and 

topic of comment included in the body 

of your email. 

CONTACT PERSON FOR MORE INFORMATION: 

Nicholas Sabula, NCD, 1331 F Street 

NW, Suite 850, Washington, DC 20004; 

202–272–2004 (V), or nsabula@ncd.gov. 

Accommodations: An ASL interpreter 

will be available on video during the 

meeting, and a CART streamtext link 

has been arranged for this meeting. The 

web link to access CART (in English) is: 

https://www.streamtext.net/player?

event=NCD-QUARTERLY. If you require 

additional accommodations, please 

notify Anthony Simpson by sending an 

email to asimpson.cntr@ncd.gov as soon 

as possible and no later than 24 hours 

prior to the meeting. 

Due to last-minute confirmations or 

cancellations, NCD may substitute 


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