[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Rules and Regulations]
[Pages 14218-14220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6526]



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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1915

[Docket No. S-050]


Confined and Enclosed Spaces and Other Dangerous Atmospheres in 
Shipyard Employment

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

ACTION: Final rule; correction.

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SUMMARY: In the July 25, 1994, Federal Register OSHA published a 
revised standard for Shipyard Employment, subpart B of 29 CFR part 
1915, extending the previous requirements for work in explosive and 
other dangerous atmospheres on ships to cover all work involving 
confined or enclosed spaces or other dangerous atmospheres throughout 
shipyard employment (59 FR 37816). With the present document, OSHA is 
making corrections to the rule which include: clarifying the order of 
testing before employees may enter a confined or enclosed space or 
other dangerous atmosphere; clarifying when flammable atmospheres must 
be maintained above the upper explosive limit during installation of 
ventilation or rescue; and clarifying the limited locations and 
conditions where hot work may be performed without first being 
certified by a Marine Chemist. Several typographical errors are also 
being corrected.

EFFECTIVE DATE: The final rule published on July 25, 1994, became 
effective on October 24, 1994. These corrections are effective March 
16, 1995.

FOR FURTHER INFORMATION CONTACT: Richard Liblong, Director, Office of 
Information and Consumer Affairs, Occupational Safety and Health 
Administration, Room N3647, U.S. Department of Labor, 200 Constitution 
Ave., N.W., Washington, D.C. 20210 (202-219-8148).

SUPPLEMENTARY INFORMATION:

I. Correction to Sec. 1915.12--Precautions Before Entering Confined and 
Enclosed Spaces and Other Dangerous Atmospheres

    OSHA is correcting the section heading to Sec. 1915.12 to make 
clearer the requirement that atmospheric testing must be done in the 
order set forth in the standard (i.e., oxygen content, then 
flammability, and then toxicity).
    In the preamble to the final rule OSHA explained how the section 
was being reformatted to address the order of atmospheric testing to be 
conducted when determining hazards within confined and enclosed spaces 
and other dangerous atmospheres prior to entry (59 FR 37830). The 
Agency stated explicitly in the preamble to paragraphs (a), (b), and 
(c) of Sec. 1915.12 that atmospheres must be tested for oxygen content 
first, flammability second, and toxicity third (59 FR 37831). However, 
the section heading did not include the sequence of testing, and the 
specific introductory statement requiring atmospheric testing to be 
conducted in the proper sequence was inadvertently omitted from the 
regulatory text. The insertion of the sequence of testing into the 
section heading and the addition of the introductory text to 
Sec. 1915.12 brings the section into conformance with the rulemaking 
record, the preamble explanation, and OSHA's intent.

II. Correction to Sec. 1915.12(b)--Flammable Atmospheres

    In the previous standard covering entry into spaces containing 
flammable atmospheres, Sec. 1915.12(d), employees were allowed to 
perform work of brief duration in atmospheres containing concentrations 
of flammable contaminants as long as the concentrations remained above 
the upper explosive limit (UEL) and the requirements of 
Sec. 1915.152(a) and (b), Respiratory protection, were followed. That 
allowance was continued in the proposed revision to subpart B, 
Sec. 1915.12(d), Work of brief duration (53 FR 48108). In the final 
standard, which permits such entry only to set up ventilation or for 
rescue, OSHA carried over the condition that the flammable 
contaminant(s) be maintained above the UEL (59 FR 37858). 
Unfortunately, the wording of this condition could be construed to 
require that levels of atmospheric contaminants in a space actually be 
increased to a level above the UEL prior to ventilation start-up or 
rescue so that they may be maintained above the UEL. OSHA did not 
intend the rule to require this. When the atmosphere is below the UEL 
(but above [[Page 14219]] the lower explosive limit) the addition of 
flammable contaminants to a space prior to rescue or ventilation set-up 
to exceed the UEL could increase both the atmospheric hazards to 
employees and the time needed for rescue. Only atmospheres that are 
already at or above the UEL are to be maintained at those levels. To 
prevent confusion regarding when an employer must maintain the level of 
contaminants above the UEL, OSHA is correcting Sec. 1915.12(b)(3)(iii).

III. Correction to Sec. 1915.14--Hot Work

    In paragraph (a)(1)(iv) of Sec. 1915.14, OSHA has provided an 
exception to the general rule that certain atmospheres in spaces must 
be tested and certified by a Marine Chemist before hot work may be 
done. The exception provides that some atmospheres where hot work is to 
be performed may, instead, be tested by a Competent Person. OSHA is 
correcting the exception to specify the spaces to which the exception 
applies and adding a note for further clarification.
    It was OSHA's intent to extend the requirements of existing subpart 
B to all shipyard employment, making changes only where necessary to 
clarify the language and correct requirements that were inappropriate. 
In bringing forward the requirements on hot work, however, OSHA 
incorrectly omitted the reference to the scope of the existing 
exception which included dry cargo, miscellaneous and passenger 
vessels. The exception did not apply to tank vessels because of the 
seriousness of the hazards associated with the flammability or 
combustibility of tanker vessel cargo. However, OSHA intended the dry 
cargo, miscellaneous and passenger vessels exception to apply to all 
landside spaces as well, because their configuration and the conditions 
found within these spaces are similar to those on the dry cargo, 
miscellaneous and passenger vessels. Therefore, OSHA is correcting the 
paragraph to make it clear that the exception does not apply to hot 
work performed on tank vessels. This is consistent with the previous 
standard and OSHA's intent.
    OSHA has also added a note to make it clear that hot work which 
does not need to be certified by a Marine Chemist (i.e., work in spaces 
adjacent to spaces that contain liquids with a flash point above 
150 deg. F (65.6 deg. C)) still needs to be inspected and tested by a 
competent person prior to beginning the hot work.

IV. Correction to Sec. 1915.15(e)

    In Sec. 1915.15(e), OSHA requires testing to maintain a competent 
person's findings. In order to make it clear that a visual inspection 
is part of the testing, OSHA is correcting paragraph (e). This is 
consistent with the testing requirements throughout the standard, the 
rulemaking record, the preamble explanation, and OSHA's intent.

V. Typographical Corrections

    Two provisions in subpart B of part 1915 contained minor 
typographical errors. They are Sec. 1915.12 (d)(3)(ii) and (e)(1)(iii).

PART 1915--[CORRECTED]

    1. The authority citation for part 1915 continues to read as 
follows:

    Authority: Sec. 41, Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 941); secs. 4,6,8, Occupational Safety and Health Act 
of 1970 (29 U.S.C. 653, 655, 657); Sec. 4 of the Administrative 
Procedure Act (5 U.S.C. 553); Secretary of Labor's Order No. 12-71 
(36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), or 1-90 (55 FR 
9033) as applicable; 29 CFR Part 1911.

    2. The text of 29 CFR part 1915, beginning at Sec. 1915.12, 59 FR 
37858 is corrected as follows:

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                                Page, column                                 Correction                         
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      Sec. 1915.12                                                                                              
                                                                                                                
Section heading.........  59 FR 37858, 1st.......  The section heading is corrected to read as follows:         
                                                    ``Precautions and the order of testing before entering      
                                                    confined and enclosed spaces and other dangerous            
                                                    atmospheres.''                                              
Introductory text.......  59 FR 37858, 1st.......  Add the following new introductory text after the section    
                                                    heading: ``The employer shall ensure that atmospheric       
                                                    testing is performed in the following sequence: oxygen      
                                                    content, flammability, toxicity.''                          
Paragraph (b)(3)(iii)...  59 FR 37858, 3rd.......  This paragraph is corrected to read as follows: ``(iii)      
                                                    Atmospheres at or above the upper explosive limit are       
                                                    maintained; and''                                           
Paragraph (d)(3)(ii)....  59 FR 37859, 1st.......  The word ``a'' that appears at the end of the first line is  
                                                    corrected to read ``an''.                                   
Note to paragraph         59 FR 37859, 2nd (sixth  The word ``preforms'' that appears at the beginning of the   
 (e)(1)(iii).              paragraph second line).  second line is corrected to read ``performs''.              
      Sec. 1915.14                                                                                              
                                                                                                                
Paragraph (a)(1)(iv)....  59 FR 37860, 2nd.......  This paragraph is corrected to read as follows:              
                                                     ``Exception: On dry cargo, miscellaneous and passenger     
                                                    vessels and in the landside operations within spaces which  
                                                    meet the standards for oxygen, flammability and toxicity in 
                                                    Sec. 1915.12, but are adjacent to spaces containing         
                                                    flammable gases or liquids, as long as the gases or liquids 
                                                    have a flash point below 150 deg. F (65.6 deg. C) and the   
                                                    distance between such spaces and the work is 25 feet (7.5m) 
                                                    or greater.''                                               
                                                   Note: For flammable liquids with flash points above 150 deg. 
                                                    F (65.6 deg. C), see paragraph (b) of this section.         
      Sec. 1915.15                                                                                              
                                                                                                                
Paragraph (e)...........  59 FR 37861, 1st.......  Correct the paragraph to read as follows: ``(e) Tests to     
                                                    maintain a competent person's findings. After a competent   
                                                    person has conducted a visual inspection and tests required 
                                                    in Secs. 1915.12, 1915.13, and 1915.14 of this part and     
                                                    determined a space to be safe for an employee to enter, he  
                                                    or she shall continue to test and visually inspect spaces as
                                                    often as necessary to ensure that the required atmospheric  
                                                    conditions within the tested space are maintained.''        
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VI. Authority

    This document was prepared under the direction of Joseph A. Dear, 
Assistant Secretary of Labor for the Occupational Safety and Health 
Administration, U.S. Department of Labor, 200 Constitution Avenue, 
N.W., Washington, D.C. 20210.

List of Subjects in 29 CFR Part 1915

    Confined spaces, Emergency medical services, Hazardous substances, 
Marine [[Page 14220]] safety, Occupational Safety and Health, Signs and 
symbols, Vessels, Welding.

    The actions in this document are taken pursuant to sections 4, 6, 
and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 
655, 657), Secretary of Labor's Order No. 1-90 (55 FR 9033), and 29 CFR 
Part 1911.
Joseph A. Dear,
Assistant Secretary of Labor.
[FR Doc. 95-6526 Filed 3-15-95; 8:45 am]
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