[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Notices]
[Pages 32978-32980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13188]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0858]


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

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements contained in the Standard on 
Permit-Required Confined Spaces.

DATES: Comments must be submitted (postmarked, sent, or received) by 
August 23, 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-2011-0858). 
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 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 purpose of the information collection requirements specified in 
the Permit-Required Confined Spaces Standard (29 CFR 1910.146) is to 
ensure that employers systematically evaluate the dangers in permit 
spaces before entry is attempted, and to ensure that adequate measures 
are taken to make the spaces safe for entry. Section 1910.146(c)(2) 
requires the employer to post danger signs to inform exposed employees 
of the existence and location of, and the dangers posed by, permit 
spaces.
    Section 1910.146(c)(4) requires the employer to develop and 
implement a written ``permit-space program'' when the employer decides 
that its employees will enter permit spaces. The written program is to 
be made available for inspection by employees and their authorized 
representatives. Section 1910.146(d) provides the employer with the 
requirements of a permit-required confined space program.
    Section 1910.146(c)(5)(i)(E) requires that the determinations and 
supporting data specified by paragraphs (c)(5)(i)(A), (c)(5)(i)(B), and 
(c)(5)(i)(C) of this section are documented by the employer and are 
made available to each employee who enters a permit space or to that 
employee's authorized representative.
    Under paragraph (c)(5)(ii)(H) of Sec.  1910.146, the employer is 
required to verify that the space is safe for entry and that the pre-
entry measures required by paragraph (c)(5)(ii) of this section have 
been taken, using a written certification that contains the date, the 
location of the space, and the signature of the person providing the 
certification. The certification is to be made before entry and is 
required to be made available to each employee entering the space or to 
that employee's authorized representative.
    Section 1910.146(c)(7)(iii) requires the employer to document the 
basis for determining that all hazards in a permit space have been 
eliminated using a certification that contains the date, the location 
of the space, and the signature of the person making the determination. 
The certification is to be made available to each employee entering the 
space or to that employee's authorized representative.
    Section 1910.146(c)(8)(i) requires that the employer inform the 
contractor that

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the workplace contains permit spaces and that permit space entry is 
allowed only through compliance with a permit space program meeting the 
requirements of this section. Section 1910.146(c)(8)(ii) requires that 
the employer apprise the contractor of the elements, including the 
hazards identified and the host employer's experience with the space, 
that make the space in question a permit space. Section 
1910.146(c)(8)(iii) requires that the employer apprise the contractor 
of any precautions or procedures that the host employer has implemented 
for the protection of employees in or near permit spaces where 
contractor personnel will be working. Section 1910.146(c)(8)(v) 
requires the employer to debrief the contractor at the conclusion of 
the entry operations regarding the permit space program followed and 
regarding any hazards confronted or created in permit spaces during 
entry operations.
    Section 1910.146(c)(9)(iii) requires that the contractor inform the 
host employer of the permit space program that the contractor will 
follow and of any hazards confronted or created in permit spaces, 
either through a debriefing or during the entry operation.
    Section 1910.146(d)(5)(vi) requires the employer to immediately 
provide each authorized entrant or that employee's authorized 
representative with the results of any testing conducted in accord with 
paragraph (d) of the Standard.
    Section 1910.146(d)(14) requires employers to review the permit 
space program, using the canceled permits retained under paragraph 
(e)(6) within 1 year after each entry and revise the program as 
necessary, to ensure that employees participating in entry operations 
are protected from permit space hazards.
    Section 1910.146(e)(1) requires the employer to document the 
completion of measures required by paragraph (d)(3) by preparing an 
entry permit before employee entry is authorized. Paragraph (f) of 
Sec.  1910.146 specifies the information to be included on the entry 
permit. Paragraph (e)(3) requires that the employer make the completed 
permit available at the time of entry to all authorized entrants by 
posting the permit at the entry portal or by any other equally 
effective means, so that the entrants can confirm that pre-entry 
preparations have been completed. Paragraph (e)(6) requires the 
employer to retain each canceled entry permit for at least one year; 
any problems encountered during an entry operation must be noted on the 
pertinent permit so that revisions to the permit space program can be 
made.
    Section 1910.146(g)(4) requires that the employer certify that the 
training required by paragraphs (g)(1) through (g)(3) has been 
accomplished by preparing a written certification record.
    Section 1910.146(h)(3) requires the employer to ensure that all 
authorized entrants communicate with the attendant as necessary to 
enable the attendant to monitor entrant status and to enable the 
attendant to alert entrants of the need to evacuate the space as 
required by paragraph (l)(6) of the Standard. Section 1910.146(h)(4) 
requires the employer to ensure that all authorized entrants alert the 
attendant whenever the entrant recognizes any warning sign or symptom 
of exposure to a dangerous situation (paragraph ((h)(4)(i)), or the 
entrant detects a prohibited condition (paragraph (h)(4)(ii)).
    Section 1910.146(i)(5) requires the employer to ensure that each 
attendant communicate with authorized entrants as necessary to monitor 
entrant status and to alert entrants of the need to evacuate the space 
under the conditions specified in paragraphs (i)(6)(i)-(i)(6)(iv) of 
the Standard. Section 1910.146(i)(7) requires the employer to ensure 
that the attendant summon rescue and other emergency services as soon 
as the attendant determines that authorized entrants may need 
assistance to escape from permit space hazards. Section 1910.146(i)(8) 
requires that the employer ensure that the attendant warn unauthorized 
persons that they must stay away from the permit space (paragraph 
(i)(8)(i)); advise unauthorized persons that they must exit immediately 
if they have entered the permit space (paragraph (i)(8)(ii)); and 
inform authorized entrants and the entry supervisor if unauthorized 
persons have entered the permit space (paragraph (i)(8)(iii)).
    Section 1910.146(j)(2) requires the employer to ensure that each 
entry supervisor verifies, by checking that the appropriate entries 
have been made on the permit, that all tests specified by the permit 
have been conducted and that all procedures and equipment specified by 
the permit are in place before endorsing the permit and allowing entry 
to begin.
    Section 1910.146(k)(1)(i) requires the employer to evaluate a 
prospective rescuer's ability to respond to a rescue summons in a 
timely manner, considering the hazard(s) identified; Section 
1910.146(k)(1)(ii) requires the employer to evaluate a prospective 
rescue service's ability, in terms of proficiency with rescue-related 
tasks and equipment, to function appropriately while rescuing entrants 
from the particular permit space or types of permit spaces identified. 
Section 1910.146(k)(1)(iv) requires that the employer inform each 
rescue team or service of the hazards they may confront when called on 
to perform rescue at the site. Section 1910.146(k)(1)(v) requires that 
the employer provide the rescue team or service selected with access to 
all permit spaces from which rescue may be necessary so that the rescue 
service can develop appropriate rescue plans.
    Section 1910.146(k)(4) requires that if an injured entrant is 
exposed to a substance for which a ``Material Safety Data Sheet'' 
(MSDS) [now referred to as an SDS (Safety Data Sheet)] or other similar 
written information is required to be kept at the worksite, that the 
employer make the MSDS or written information available to the medical 
facility treating the exposed entrant.
    Section 1910.146(l)(1) requires that employers consult with 
affected employees and their authorized representatives on the 
development and implementation of all aspects of the permit space 
program required by paragraph (c). Section 1910.146(l)(2) requires that 
employers make all information required to be developed by this section 
available to affected employees and their authorized representatives.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    <bullet> Whether the proposed information collection requirements 
are necessary for the proper performance of the agency's functions, 
including whether the information is useful;
    <bullet> 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;
    <bullet> The quality, utility, and clarity of the information 
collected; and
    <bullet> 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 an adjustment increase for the information 
collection requirements of 415,512.80 burden hours (from 1,660,526.00 
to 2,076,038.80). The burden hour increase is related to updated data 
estimates showing an increase in the number of permit space entrants 
(from 1,471,634 to 1,488,877) and establishments with permit spaces 
(from 210,281 to 214,994) affected by the Standard. It is also related 
to the adjustment of the

[[Page 32980]]

estimated percentage of establishments assumed to incur burden hour 
costs conducting atmospheric monitoring and testing.
    The agency is requesting an increase in capital and operation and 
maintenance costs of $14,100.00 (from $630,900.00 to $645,000.00) for 
atmospheric testing and monitoring equipment. This increase is also 
related to the updated data estimates showing an increase in the number 
of permit space entrants and establishments with permit spaces affected 
by the Standard.
    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.
    OMB Control Number: 1218-0203.
    Affected Public: Business or other for-profits.
    Number of Respondents: 214,994.
    Frequency of Responses: On occasion.
    Total Responses: 13,959,314.
    Average Time per Response: Varies.
    Estimated Total Burden Hours: 2,076,038.80.
    Estimated Cost (Operation and Maintenance): $645,000.00.

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-2011-0858). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled ADDRESSES). 
The additional materials must clearly identify 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

    James S. Frederick, Acting 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 June 15, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-13188 Filed 6-22-21; 8:45 am]
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