Traylor/Skanska/Jay Dee Joint Venture: Grant of a Permanent Variance, 16440-16449 [2015-06975]
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Federal Register / Vol. 80, No. 59 / Friday, March 27, 2015 / Notices
with the FDA including validation
batches, standards and stability studies.
No other activity for this drug code is
authorized for this registration.
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Dated: March 20, 2015.
Joseph T. Rannazzisi,
Deputy Assistant Administrator.
Bulk Manufacturer of Controlled
Substances Application: Apertus
Pharmaceuticals
ACTION:
[FR Doc. 2015–06966 Filed 3–26–15; 8:45 am]
Notice of application.
BILLING CODE 4410–09–P
Registered bulk manufacturers of
the affected basic classes, and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration in
accordance with 21 CFR 1301.33(a) on
or before May 26, 2015.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/ODW, 8701
Morrissette Drive, Springfield, Virginia
22152. Request for hearings should be
sent to: Drug Enforcement
Administration, Attention: Hearing
Clerk/LJ, 8701 Morrissette Drive,
Springfield, Virginia 22152.
SUPPLEMENTARY INFORMATION: The
Attorney General has delegated his
authority under the Controlled
Substances Act to the Administrator of
the Drug Enforcement Administration
(DEA), 28 CFR 0.100(b). Authority to
exercise all necessary functions with
respect to the promulgation and
implementation of 21 CFR part 1301,
incident to the registration of
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redelegated to the Deputy Assistant
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Diversion Control (‘‘Deputy Assistant
Administrator’’) pursuant to section 7 of
28 CFR part 0, appendix to subpart R.
In accordance with 21 CFR
1301.33(a), this is notice that on March
20, 2014, Apertus Pharmaceuticals, 331
Consort Drive, St. Louis, Missouri
63011, applied to be registered as a bulk
manufacturer of the following basic
classes of controlled substances:
DATES:
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Marihuana (7360) .........................
Tetrahydrocannabinols (7370) .....
I
I
The company plans to divide the
synthesized cannabidiol, with a portion
going for sale as an API in nabiximol.
The raw material will be used to
synthesize dronabinol. Therefore, they
anticipate consuming and purchasing
small quantities of CS for generating
data to support the Drug Master File
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0035]
Traylor/Skanska/Jay Dee Joint
Venture: Grant of a Permanent
Variance
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA grants a
permanent variance to Traylor/Skanska/
Jay Dee Joint Venture from the
provisions of OSHA standards that
regulate work in compressed air
environments at 29 CFR 1926.803.
DATES: The permanent variance
specified by this notice becomes
effective on March 27, 2015 and shall
remain in effect until January 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
telephone: (202) 693–1999; email:
Meilinger.francis2@dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, Acting
Director, Office of Technical Programs
and Coordination Activities, Directorate
of Technical Support and Emergency
Management, Occupational Safety and
Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–3655, Washington, DC 20210;
phone: (202) 693–2110 or email:
robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
Copies of this Federal Register
notice. Electronic copies of this Federal
Register notice are available at https://
www.regulations.gov. This Federal
Register notice, as well as news releases
and other relevant information, also are
available at OSHA’s Web page at
https://www.osha.gov.
SUMMARY:
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I. Notice of Application
On April 26, 2012, Traylor Bros., Inc.,
835 N. Congress Ave., Evansville, IN
47715, and Traylor/Skanska/Jay Dee
Joint Venture, Blue Plains Tunnel, 5000
Overlook Avenue SW., Washington, DC
20032, submitted under Section 6(d) of
the Occupational Safety and Health Act
of 1970 (‘‘OSH Act’’; 29 U.S.C. 655) and
29 CFR 1905.11 (‘‘Variances and other
relief under section 6(d)’’) an
application for a permanent variance
from several provisions of the OSHA
standard that regulates work in
compressed air at 29 CFR 1926.803.
OSHA is addressing this request as two
separate applications: (1) Traylor Bros.,
Inc. (‘‘Traylor’’) request for a permanent
variance for future tunneling projects;
and (2) Traylor/Skanska/Jay Dee Joint
Venture, Blue Plains Tunnel (‘‘Traylor
JV’’ or ‘‘the applicant’’). This notice only
addresses the Traylor JV application for
an interim order and permanent
variance for the Blue Plains Tunnel
project.1 This notice does not address
the Traylor application for a permanent
variance for future projects. That request
will be addressed separately.
Traylor JV also requested an interim
order pending OSHA’s decision on the
application for a variance (Ex. OSHA–
2012–0035–0008). Specifically, this
notice addresses the application
submitted by Traylor JV for the Blue
Plains Tunnel project in which the
applicant seeks a permanent variance
and interim order from the provisions of
the standard that: (1) Prohibit
compressed-air worker exposure to
pressures exceeding 50 pounds per
square inch (p.s.i.) except in an
emergency (29 CFR 1926.803(e)(5)); 2 (2)
require the use of the decompression
values specified in decompression
tables in Appendix A of the
compressed-air standard for
construction (29 CFR 1926.803(f)(1));
and (3) require the use of automated
operational controls and a special
decompression chamber (29 CFR
1926.803(g)(1)(iii) and .803(g)(1)(xvii),
respectively).
The applicant is a contractor that
works on complex tunnel projects using
recently developed equipment and
procedures for soft-ground tunneling.
The applicant’s workers engage in the
construction of tunnels using advanced
shielded mechanical excavation
1 See
Section III discussion of condition A Scope.
decompression tables in Appendix A of
subpart S express the maximum working pressures
as pounds per square inch gauge (p.s.i.g.), with a
maximum working pressure of 50 p.s.i.g. Therefore,
throughout this notice, OSHA expresses the 50 p.s.i.
value specified by § 1926.803(e)(5) as 50 p.s.i.g.,
consistent with the terminology in Appendix A,
Table 1 of subpart S.
2 The
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techniques in conjunction with an earth
pressure balanced tunnel boring
machine (EPBTBM).
According to its application, Traylor
is currently the managing partner of
Traylor/Skanska/Jay Dee Joint Venture
(‘‘Traylor JV’’), the general contractor for
the DC Water and Sewer Authority’s
project to construct the Blue Plains
Tunnel. Traylor JV asserts that
generally, it bores tunnels (i.e., Blue
Plains Tunnel) below the water table
through soft soils consisting of clay, silt,
and sand. Traylor JV employs specially
trained personnel for the construction of
the tunnel, and states that this
construction will use shielded
mechanical-excavation techniques.
Traylor JV asserts that its workers
perform hyperbaric interventions at
pressures greater than 50 p.s.i.g. in the
excavation chamber of the EPBTBM;
these interventions consist of
conducting inspections and
maintenance work on the cutter-head
structure and cutting tools of the
EPBTBM.
Traylor JV asserts that innovations in
tunnel excavation, specifically with
EPBTBMs, have, in most cases,
eliminated the need to pressurize the
entire tunnel. This technology negates
the requirement that all members of a
tunnel-excavation crew work in
compressed air while excavating the
tunnel. These advances in technology
modified substantially the methods
used by the construction industry to
excavate subaqueous tunnels compared
to the caisson work regulated by the
current OSHA compressed-air standard
for construction at 29 CFR 1926.803.
Such advances reduce the number of
workers exposed, and the total duration
of exposure, to hyperbaric pressure
during tunnel construction.
Using shielded mechanicalexcavation techniques, in conjunction
with precast concrete tunnel liners and
backfill grout, EPBTBMs provide
methods to achieve the face pressures
required to maintain a stabilized tunnel
face through various geologies, and
isolate that pressure to the forward
section (the working chamber) of the
EPBTBM. Interventions in the working
chamber (the pressurized portion of the
EPBTBM) take place only after halting
tunnel excavation and preparing the
machine and crew for an intervention.
Interventions occur to inspect or
maintain the mechanical-excavation
components located in the working
chamber. Maintenance conducted in the
working chamber includes changing
replaceable cutting tools and disposable
wear bars, and, in rare cases, repairing
structural damage to the cutter head.
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In addition to innovations in tunnelexcavation methods, Traylor JV asserts
that innovations in hyperbaric medicine
and technology improve the safety of
decompression from hyperbaric
exposures. According to Traylor JV, the
use of decompression protocols
incorporating oxygen is at least as
effective for tunnel workers as
compliance with the decompression
tables specified by the existing OSHA
standard (29 CFR part 1926, subpart S,
Appendix A decompression tables).
These hyperbaric exposures are possible
due to advances in technology, a better
understanding of hyperbaric medicine,
and the development of a projectspecific Hyperbaric Operations Manual
(HOM) that requires specialized medical
support and hyperbaric supervision to
provide assistance to a team of specially
trained man-lock attendants and
hyperbaric or compressed-air workers.
OSHA initiated a technical review of
the Traylor JV’s variance application
and developed a set of follow-up
questions that it sent to Traylor JV on
September 17, 2012 (Ex. OSHA–2012–
0035–0003). On October 26, 2012,
Traylor JV submitted its response and a
request for an interim order for the Blue
Plains Tunnel Project (Ex. OSHA–2012–
0035–0008). In its response to OSHA’s
follow-up questions, Traylor JV
indicated that the maximum pressure to
which it is likely to expose workers
during interventions for the Blue Plains
Tunnel project is 52 p.s.i.g. and does not
involve the use of trimix breathing gas
(composed of a mixture of oxygen,
nitrogen, and helium in varying
concentrations used for breathing by
compressed air workers for compression
and decompression when working at
pressures exceeding 73 p.s.i.g.).
Therefore, to work effectively on this
project, Traylor JV must perform
hyperbaric interventions in compressed
air at pressures higher than the
maximum pressure specified by the
existing OSHA standard, 29 CFR
1926.803(e)(5), which states: ‘‘No
employee shall be subjected to pressure
exceeding 50 p.s.i.g. except in
emergency’’ (see footnote 2).
OSHA considered Traylor JV’s
application for a permanent variance
and interim order for the Blue Plains
Tunnel project. OSHA determined that
Traylor JV proposed an alternative that
will provide a workplace as safe and
healthful as that provided by the
standard. On July 11, 2013, OSHA
granted Traylor JV a project-specific
interim order for the completion of the
Blue Plains Tunnel (Ex. OSHA–2012–
0035–0011) in order to permit the
applicant to begin work while OSHA
continued to consider its application for
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a permanent variance. Further, on
December 11, 2014, OSHA published a
Federal Register notice announcing
Traylor JV’s application for a permanent
variance and interim order, grant of an
interim order, and request for comments
(79 FR 73631) for the Blue Plains
Tunnel project.
II. The Variance Application
A. Background
As indicated earlier in this notice,
Traylor JV asserts that the advances in
tunnel excavation technology described
in Section I of this notice modified
significantly the equipment and
methods used by contractors to
construct subaqueous tunnels, thereby
making several provisions of OSHA’s
compressed-air standard for
construction at 29 CFR 1926.803
inappropriate for this type of work.
These advances reduce both the number
of workers exposed, and the total
duration of exposure, to the hyperbaric
conditions associated with tunnel
construction.
Using shielded mechanicalexcavation techniques, in conjunction
with pre-cast concrete tunnel liners and
backfill grout, EPBTBMs provide
methods to achieve the face pressures
required to maintain a stabilized tunnel
face, through various geologies, while
isolating that pressure to the forward
section (working or excavation chamber)
of the EPBTBM.
Interventions involving the working
chamber (the pressurized chamber at the
head of the EPBTBM) take place only
after the applicant halts tunnel
excavation and prepares the machine
and crew for an intervention.
Interventions occur to inspect or
maintain the mechanical-excavation
components located in the forward
portion of the working chamber.
Maintenance conducted in the forward
portion of the working chamber
includes changing replaceable cutting
tools, disposable wear bars, and, in rare
cases, repairs to the cutter head due to
structural damage.
In addition to innovations in tunnelexcavation methods, research conducted
after OSHA published its compressedair standard for construction in 1971,
resulted in advances in hyperbaric
medicine. In this regard, the applicant
asserts that the use of decompression
protocols incorporating oxygen is more
efficient, effective, and safer for tunnel
workers than compliance with the
existing OSHA standard (29 CFR part
1926, subpart S, Appendix A
decompression tables). According to the
applicant, contractors routinely and
safely expose employees performing
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interventions in the working chamber of
EPBTBMs to hyperbaric pressures up to
75 p.s.i.g., which is 50% higher than
maximum pressure specified by the
existing OSHA standard (see 29 CFR
1926.803(e)(5)).
The applicant contends that the
alternative safety measures included in
its application provide its workers with
a place of employment that is at least as
safe and healthful as they would obtain
under the existing provisions of OSHA’s
compressed-air standard for
construction. The applicant certifies
that it provided employee
representatives of affected workers with
a copy of the variance application.3 The
applicant also certifies that it notified its
workers of the variance application by
posting, at prominent locations where it
normally posts workplace notices, a
summary of the application and
information specifying where the
workers can examine a copy of the
application. In addition, the applicant
informed its workers and their
representatives of their rights to petition
the Assistant Secretary of Labor for
Occupational Safety and Health for a
hearing on the variance application.
B. Variance From Paragraph (e)(5) of 29
CFR 1926.803, Prohibition of Exposure
to Pressure Greater Than 50 p.s.i.g. (See
Footnote 1)
The applicant states that it may
perform hyperbaric interventions at
pressures greater than 50 p.s.i.g. in the
working chamber of the EPBTBM; this
pressure exceeds the pressure limit of
50 p.s.i.g. specified for nonemergency
purposes by 29 CFR 1926.803(e)(5). The
EPBTBM has twin man locks, with each
man lock having two compartments.
This configuration allows workers to
access the man locks for compression
and decompression, and medical
personnel to access the man locks if
required in an emergency.
EPBTBMs are capable of maintaining
pressure at the tunnel face, and
stabilizing existing geological
conditions, through the controlled use
of propel cylinders, a mechanically
driven cutter head, bulkheads within
the shield, ground-treatment foam, and
a screw conveyor that moves excavated
material from the working chamber. As
noted earlier, the forward-most portion
of the EPBTBM is the working chamber,
and this chamber is the only pressurized
segment of the EPBTBM. Within the
shield, the working chamber consists of
two sections: The staging chamber and
the forward working chamber. The
staging chamber is the section of the
3 See the definition of ‘‘Affected employee or
worker’’ in section VI. D.
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working chamber between the man-lock
door and the entry door to the forward
working chamber. The forward working
chamber is immediately behind the
cutter head and tunnel face.
The applicant will pressurize the
working chamber to the level required
to maintain a stable tunnel face.
Pressure in the staging chamber ranges
from atmospheric (no increased
pressure) to a maximum pressure equal
to the pressure in the working chamber.
The applicant asserts that most of the
hyperbaric interventions will be around
14.7 p.s.i.g. However, the applicant
maintains that they may have to perform
interventions at pressures up to 52
p.s.i.g.
During interventions, workers enter
the working chamber through one of the
twin man locks that open into the
staging chamber. To reach the forward
part of the working chamber, workers
pass through a door in a bulkhead that
separates the staging chamber from the
forward working chamber. The
maximum crew size allowed in the
forward working chamber is three. At
certain hyperbaric pressures (i.e., when
decompression times are greater than
work times), the twin man locks allow
for crew rotation. During crew rotation,
one crew can be compressing or
decompressing while the second crew is
working. Therefore, the working crew
always has an unoccupied man lock at
its disposal.
The applicant developed a projectspecific HOM for the Blue Plains
Tunnel (Ex. OSHA–2012–0035–0007)
that describes in detail the hyperbaric
procedures and required medical
examinations used during the tunnelconstruction project. The HOM
discusses standard operating procedures
and emergency and contingency
procedures. The procedures include
using experienced and knowledgeable
man-lock attendants who have the
training and experience necessary to
recognize and treat decompression
illnesses and injuries. The attendants
are under the direct supervision of the
hyperbaric supervisor and attending
physician. In addition, procedures
include medical screening and review of
prospective compressed-air workers
(CAWs). The purpose of this screening
procedure is to vet prospective CAWs
with medical conditions (e.g., deep vein
thrombosis, poor vascular circulation,
and muscle cramping) that could be
aggravated by sitting in a cramped space
(e.g., a man lock) for extended periods
or by exposure to elevated pressures and
compressed gas mixtures. A
transportable recompression chamber
(shuttle) is available to extract workers
from the hyperbaric working chamber
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for emergency evacuation and medical
treatment; the shuttle attaches to the
topside medical lock, which is a large
recompression chamber. The applicant
believes that the procedures included in
the HOM provide safe work conditions
when interventions are necessary,
including interventions above 50 p.s.i.g.
C. Variance From Paragraph (f)(1) of 29
CFR 1926.803, Requirement To Use
OSHA Decompression Tables
OSHA’s compressed-air standard for
construction requires decompression in
accordance with the decompression
tables in Appendix A of 29 CFR part
1926, subpart S (see 29 CFR
1926.803(f)(1)). As an alternative to the
OSHA decompression tables, the
applicant proposes to use newer
decompression schedules that
supplement breathing air used during
decompression with pure oxygen. The
applicant asserts that these
decompression protocols are safer for
tunnel workers than the decompression
protocols specified in Appendix A of 29
CFR part 1926, subpart S.
Accordingly, the applicant proposes
to use the 1992 French Decompression
Tables to decompress CAWs after they
exit the hyperbaric conditions in the
working chamber. Depending on the
maximum working pressure and
exposure times, the 1992 French
Decompression Tables provide for air
decompression with or without oxygen.
Traylor JV asserts that oxygen
decompression has many benefits,
including (1) keeping the partial
pressure of nitrogen in the lungs as low
as possible; (2) keeping external
pressure as low as possible to reduce the
formation of bubbles in the blood; (3)
removing nitrogen from the lungs and
arterial blood and increasing the rate of
elimination of nitrogen; (4) improving
the quality of breathing during
decompression stops so that workers are
less tired and to prevent bone necrosis;
(5) reducing decompression time by
about 33 percent as compared to air
decompression; and (6) reducing
inflammation. As described in Section V
of this notice, OSHA’s review of the use
of oxygen in several major tunneling
projects completed in the past indicates
that it contributed significantly to the
reduction of decompression illness
(DCI) and other associated adverse
effects observed and reported among
CAWs.
In addition, the HOM requires a
physician certified in hyperbaric
medicine to manage the medical
condition of CAWs during hyperbaric
exposures and decompression. A
trained and experienced man-lock
attendant also will be present during
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hyperbaric exposures and
decompression. This man-lock
attendant will operate the hyperbaric
system to ensure compliance with the
specified decompression table. A
hyperbaric supervisor (competent
person), trained in hyperbaric
operations, procedures, and safety,
directly oversees all hyperbaric
interventions, and ensures that staff
follow the procedures delineated in the
HOM or by the attending physician.
The applicant asserts that at higher
hyperbaric pressures, decompression
times exceed 75 minutes. The HOM
establishes protocols and procedures
that provide the basis for alternate
means of protection for CAWs under
these conditions. Accordingly, based on
these protocols and procedures, the
applicant requests to use the 1992
French Decompression Tables for
hyperbaric interventions up to 52 p.s.i.g.
for completion of the Blue Plains
Tunnel project. The applicant is
committed to follow the decompression
procedures described in the Blue Plains
Tunnel project-specific HOM during
these interventions.
D. Variance From Paragraph (g)(1)(iii) of
29 CFR 1926.803, Automatically
Regulated Continuous Decompression
According to the applicant, breathing
air under hyperbaric conditions
increases the amount of nitrogen gas
dissolved in a CAW’s tissues. The
greater the hyperbaric pressure under
these conditions, and the more time
spent under the increased pressure, the
greater the amount of nitrogen gas
dissolved in the tissues. When the
pressure decreases during
decompression, tissues release the
dissolved nitrogen gas into the blood
system, which then carries the nitrogen
gas to the lungs for elimination through
exhalation. Releasing hyperbaric
pressure too rapidly during
decompression can increase the size of
the bubbles formed by nitrogen gas in
the blood system, resulting in DCI,
commonly referred to as ‘‘the bends.’’
This description of the etiology of DCI
is consistent with current scientific
theory and research on the issue (see
footnote 13 in this notice discussing a
1985 NIOSH report on DCI).
The 1992 French Decompression
Tables proposed for use by the applicant
provide for stops during worker
decompression (i.e., staged
decompression) to control the release of
nitrogen gas from tissues into the blood
system. Studies show that staged
decompression, in combination with
other features of the 1992 French
Decompression Tables such as the use
of oxygen, result in a lower incidence of
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DCI than the OSHA decompression
requirements of 29 CFR 1926.803,
which specify the use of automatically
regulated continuous decompression
(see footnotes 9 through 14 in this
notice for references to these studies).4
In addition, the applicant asserts that
staged decompression is at least as
effective as an automatic controller in
regulating the decompression process
because:
1. A hyperbaric supervisor (a
competent person experienced and
trained in hyperbaric operations,
procedures, and safety) directly
supervises all hyperbaric interventions
and ensures that the man-lock
attendant, who is a competent person in
the manual control of hyperbaric
systems, follows the schedule specified
in the decompression tables, including
stops; and
2. The use of the 1992 French
Decompression Tables for staged
decompression offers an equal or better
level of management and control over
the decompression process than an
automatic controller and results in
lower occurrences of DCI.
Accordingly, the applicant is applying
for a permanent variance from the
OSHA standard at 29 CFR
1926.803(g)(1)(iii), which requires
automatic controls to regulate
decompression. As noted above, the
applicant is committed to conduct the
staged decompression according to the
1992 French Decompression Tables
under the direct control of the trained
man-lock attendant and under the
oversight of the hyperbaric supervisor.
E. Variance From Paragraph (g)(1)(xvii)
of 29 CFR 1926.803, Requirement of
Special Decompression Chamber
The OSHA compressed-air standard
for construction requires employers to
4 In the study cited in footnote 11, starting at page
338, Dr. Eric Kindwall notes that the use of
automatically regulated continuous decompression
in the Washington State safety standards for
compressed-air work (from which OSHA derived its
decompression tables) was at the insistence of
contractors and the union, and against the advice
of the expert who calculated the decompression
table and recommended using staged
decompression. Dr. Kindwall then states,
‘‘Continuous decompression is inefficient and
wasteful. For example, if the last stage from 4 psig
. . . to the surface took 1 h, at least half the time
is spent at pressures less than 2 psig . . ., which
provides less and less meaningful bubble
suppression . . .’’ In addition, the report referenced
in footnote 5 under the section titled, ‘‘Background
on the Need for Interim Decompression Tables’’
addresses the continuous-decompression protocol
in the OSHA compressed-air standard for
construction, noting that ‘‘[a]side from the tables for
saturation diving to deep depths, no other widely
used or officially approved diving decompression
tables use straight line, continuous decompressions
at varying rates. Stage decompression is usually the
rule, since it is simpler to control.’’
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16443
use a special decompression chamber
when total decompression time exceeds
75 minutes (see 29 CFR
1926.803(g)(1)(xvii)). Another provision
of OSHA’s compressed-air standard
calls for locating the special
decompression chamber adjacent to the
man lock on the atmospheric pressure
side of the tunnel bulkhead (see 29 CFR
1926.803(g)(2)(vii)). However, since
only the working chamber of the
EPBTBM is under pressure, and only a
few workers out of the entire crew are
exposed to hyperbaric pressure, the man
locks (which, as noted earlier, connect
directly to the working chamber) are of
sufficient size to accommodate the
exposed workers. In addition, available
space in the EPBTBM does not allow for
an additional special decompression
lock. Again, the applicant uses the man
locks, each of which adequately
accommodates a three-member crew, for
this purpose when decompression lasts
up to 75 minutes. When decompression
exceeds 75 minutes, crews can open the
door connecting the two compartments
in each man lock during decompression
stops or exit the man lock and move
into the staging chamber where
additional space is available. This
alternative enables CAWs to move about
and flex their joints to prevent
neuromuscular problems during
decompression.
F. Previous Tunnel Construction
Variance
OSHA notes that on May 23, 2014, it
granted a sub-aqueous tunnel
construction permanent variance to
Tully/OHL USA Joint Venture (79 FR
29809) from the same provisions of the
standard that regulates work in
compressed air (at 29 CFR
1926.803(e)(5), (f)(1), (g)(1)(iii), and
(g)(1)(xvii)) that are the subject of the
present application. Generally, the
alternate conditions in this notice are
based on and very similar to the
alternate conditions of the previous
permanent variance.
G. Multi-State Variance
As stated earlier in this notice,
Traylor JV applied for an interim order
for its Blue Plains Tunnel project only.
On July 11, 2013, OSHA granted an
interim order to cover only the Blue
Plains Tunnel project, which is located
entirely in the District of Columbia and
thus under Federal OSHA’s exclusive
jurisdiction. Further, on December 11,
2014, OSHA published a Federal
Register notice announcing Traylor JV’s
application for a permanent variance
and interim order, grant of an interim
order, and request for comments (79 FR
73631).
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Additionally, twenty-seven state
safety and health plans have been
approved by OSHA under section 18 of
the (OSH) Act.5 As part of the
permanent variance process, the
Directorate of Cooperative and State
Programs will notify the State Plans of
Traylor JV’s variance application and
grant of the Blue Plains permanent
variance. In considering Traylor JV’s
application for a permanent variance
and interim order, OSHA noted that
four states have previously granted subaqueous tunnel construction variances
and imposed different or additional
requirements and conditions (California,
Nevada, Oregon, and Washington).
California also promulgated a new
standard 6 for similar sub-aqueous
tunnel construction work.
III. Description of the Conditions
Specified for the Permanent Variance
This section describes the alternative
means of compliance with 29 CFR
1926.803(e)(5), (f)(1), (g)(1)(iii), and
(g)(1)(xvii) and provides additional
detail regarding the conditions that form
the basis of Traylor JV’s permanent
variance.
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Condition A: Scope
The scope of the permanent variance
limits coverage to the work situations
specified under this condition. Clearly
defining the scope of the permanent
variance provides Traylor JV, Traylor
JV’s employees, other stakeholders, the
public, and OSHA with necessary
information regarding the work
situations in which the permanent
variance applies.
According to 29 CFR 1905.11, an
employer or class or group of
employers 7 may request a permanent
variance for a specific workplace or
workplaces. If granted, the variance
applies to the specific employer(s) that
submitted the application. In this
instance, the permanent variance
applies to the applicant, Traylor/
Skanska/Jay Dee Joint Venture at the
5 Five State Plans (Connecticut, Illinois, New
Jersey, New York, and the Virgin Islands) limit their
occupational safety and health authority to state
and local employers only. State Plans that exercise
their occupational safety and health authority over
both public- and private-sector employers are:
Alaska, Arizona, California, Hawaii, Indiana, Iowa,
Kentucky, Maryland, Michigan, Minnesota, Nevada,
New Mexico, North Carolina, Oregon, Puerto Rico,
South Carolina, Tennessee, Utah, Vermont,
Virginia, Washington, and Wyoming.
6 See California Code of Regulations, Title 8,
Subchapter 7, Group 26, Article 154, available at
https://www.dir.ca.gov/title8/sb7g26a154.html.
7 A class or group of employers (such as members
of a trade alliance or association) may apply jointly
for a variance provided an authorized
representative for each employer signs the
application and the application identifies each
employer’s affected facilities.
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Blue Plains Tunnel project and does not
apply to any other employers.
enforce its safety and health procedures
and measures.8
Condition B: Application
Condition F: Communication
This condition specifies the
circumstances under which the
permanent variance is in effect, notably
only for hyperbaric work performed
during interventions. The condition
places clear limits on the circumstances
under which the applicant can expose
its employees to hyperbaric pressure.
Condition F requires the applicant to
develop and implement an effective
system of information sharing and
communication. Effective information
sharing and communication ensures
that affected workers receive updated
information regarding any safety-related
hazards and incidents, and corrective
actions taken, prior to the start of each
shift. The condition also requires the
applicant to ensure that reliable means
of emergency communications are
available and maintained for affected
workers and support personnel during
hyperbaric operations. Availability of
such reliable means of communications
enables affected workers and support
personnel to respond quickly and
effectively to hazardous conditions or
emergencies that may develop during
EPBTBM operations.
Condition C: List of Abbreviations
Condition C defines a number of
abbreviations used in the permanent
variance. OSHA believes that defining
these abbreviations serves to clarify and
standardize their usage, thereby
enhancing the applicant’s and its
employees’ understanding of the
conditions specified by the permanent
variance.
Condition D: Definitions
The condition defines a series of
terms, mostly technical terms, used in
the permanent variance to standardize
and clarify their meaning. Defining
these terms serves to enhance the
applicant’s and its employees’
understanding of the conditions
specified by the permanent variance.
Condition E: Safety and Health
Practices
This condition requires the applicant
to develop and submit to OSHA an
HOM specific to the Blue Plains project
at least six months before using the
EPBTBM for tunneling operations.
Additionally, the condition includes a
series of related hazard prevention and
control requirements and methods (e.g.,
decompression tables, job hazard
analyses (JHA), operations and
inspections checklists, incident
investigation, recording and notification
to OSHA of recordable hyperbaric
injuries and illnesses, etc.) designed to
ensure the continued effective
functioning of the hyperbaric equipment
and operating system.
Review of the HOM enables OSHA to:
(1) Determine that the safety and health
instructions and measures it specifies
are appropriate and do adequately
protect the safety and health of the
CAWs; and (2) request the applicant to
revise or modify the HOM if it finds that
the hyperbaric safety and health
procedures are not suitable for the
specific project and do not adequately
protect the safety and health of the
CAWs. Once approved, the projectspecific HOM becomes part of the
variance, thus enabling OSHA to
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Condition G: Worker Qualification and
Training
This condition requires the applicant
to develop and implement an effective
qualification and training program for
affected workers. The condition
specifies the factors that an affected
worker must know to perform safely
during hyperbaric operations, including
how to enter, work in, and exit from
hyperbaric conditions under both
normal and emergency conditions.
Having well-trained and qualified
workers performing hyperbaric
intervention work ensures that they
recognize, and respond appropriately to,
hyperbaric safety and health hazards.
These qualification and training
requirements enable affected workers to
cope effectively with emergencies, as
well as the discomfort and physiological
effects of hyperbaric exposure, thereby
preventing worker injury, illness, and
fatalities.
Paragraph (2)(e) of this condition also
requires the applicant to provide
affected workers with information they
can use to contact the appropriate
healthcare professionals if they believe
they are developing hyperbaric-related
health effects. This requirement
provides for early intervention and
treatment of DCI and other health effects
resulting from hyperbaric exposure,
thereby reducing the potential severity
of these effects.
8 Grant of the July 11, 2013, project-specific
interim order constituted OSHA’s approval of
Traylor JV’s Blue Plains Tunnel project-specific
HOM.
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Condition H: Inspections, Tests, and
Accident Prevention
Condition H requires the applicant to
develop, implement, and operate a
program of frequent and regular
inspections of the EPBTBM’s hyperbaric
equipment and support systems, and
associated work areas. This condition
helps to ensure the safe operation and
physical integrity of the equipment and
work areas necessary to conduct
hyperbaric operations. The condition
also enhances worker safety by reducing
the risk of hyperbaric-related
emergencies.
Paragraph (3) of this condition
requires the applicant to document
tests, inspections, corrective actions,
and repairs involving the EPBTBM, and
maintain these documents at the job site
for the duration of the job. This
requirement provides the applicant with
information needed to schedule tests
and inspections to ensure the continued
safe operation of the equipment and
systems, and to determine that the
actions taken to correct defects in
hyperbaric equipment and systems were
appropriate, prior to returning them to
service.
Condition I: Compression and
Decompression
This condition requires the applicant
to consult with its designated medical
advisor regarding special compression
or decompression procedures
appropriate for any un-acclimated CAW.
This provision ensures that the
applicant consults with the medical
advisor, and involves the medical
advisor in the evaluation, development,
and implementation of compression or
decompression protocols appropriate for
any CAW requiring acclimation to the
hyperbaric conditions encountered
during EPBTBM operations.
Accordingly, CAWs requiring
acclimation have an opportunity to
acclimate prior to exposure to these
hyperbaric conditions. OSHA believes
this condition will prevent or reduce
adverse reactions among CAWs to the
effects of compression or decompression
associated with the intervention work
they perform in the EPBTBM.
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Condition J: Recordkeeping
Condition J requires the applicant to
maintain records of specific factors
associated with each hyperbaric
intervention. The information gathered
and recorded under this provision, in
concert with the information provided
under condition K (using the OSHA 301
Incident Report form to investigate and
record hyperbaric recordable injuries as
defined by 29 CFR 1904.4, 1904.7,
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1904.8 through 1904.12), enables the
applicant and OSHA to determine the
effectiveness of the permanent variance
in preventing DCI and other hyperbaricrelated effects.9
Condition K: Notifications
Under this condition, the applicant is
required, within specified periods to: (1)
Notify OSHA of any recordable injuries,
illnesses, in-patient hospitalizations,
amputations, loss of an eye, or fatalities
that occur as a result of hyperbaric
exposures during EPBTBM operations;
(2) provide OSHA with a copy of the
incident investigation report (using
OSHA 301 form) of these events; (3)
include on the 301 form information on
the hyperbaric conditions associated
with the recordable injury or illness, the
root-cause determination, and
preventive and corrective actions
identified and implemented; (4) provide
its certification that it informed affected
workers of the incident and the results
of the incident investigation; (5) notify
the Office of Technical Programs and
Coordination Activities (OTPCA) and
the Baltimore/Washington DC Area
Office within 15 working days should
the applicant need to revise its HOM to
accommodate changes in its
compressed-air operations that affect its
ability to comply with the conditions of
the permanent variance; and (6) provide
OTPCA and the Baltimore/Washington
DC Area Office, at the end of the project,
with a report evaluating the
effectiveness of the decompression
tables.
These notification requirements
enable the applicant, its employees, and
OSHA to determine the effectiveness of
the permanent variance in providing the
requisite level of safety to the
applicant’s workers and, based on this
determination, whether to revise or
revoke the conditions of the permanent
variance. Timely notification permits
OSHA to take whatever action may be
necessary and appropriate to prevent
further injuries and illnesses. Providing
notification to employees informs them
of the precautions taken by the
applicant to prevent similar incidents in
the future.
This condition also requires the
applicant to notify OSHA if it ceases to
9 See 29 CFR part 1904 Recording and Reporting
Occupational Injuries and Illnesses (https://
www.osha.gov/pls/oshaweb/owadisp.show_
document?p_table=STANDARDS&p_id=9631);
recordkeeping forms and instructions (https://
www.osha.gov/recordkeeping/RKform300pkgfillable-enabled.pdf); OSHA Recordkeeping
Handbook (https://www.osha.gov/recordkeeping/
handbook/); and updates to OSHA’s
recordkeeping rule and Web page ((79 FR 56130);
https://www.osha.gov/recordkeeping2014/
index.html)).
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16445
do business, has a new address or
location for its main office, or transfers
the operations covered by the
permanent variance to a successor
company. In addition, the condition
specifies that OSHA must approve the
transfer of the permanent variance to a
successor company. These requirements
allow OSHA to communicate effectively
with the applicant regarding the status
of the permanent variance, and expedite
the Agency’s administration and
enforcement of the permanent variance.
Stipulating that an applicant must have
OSHA’s approval to transfer a variance
to a successor company provides
assurance that the successor company
has knowledge of, and will comply
with, the conditions specified by the
permanent variance, thereby ensuring
the safety of workers involved in
performing the operations covered by
the permanent variance.
IV. Comments on the Proposed
Variance Application
OSHA received no comments on the
proposed variance, including no
comments from State Plans.
V. Decision
After reviewing Traylor JV’s proposed
variance as described above, and having
received no comment, OSHA
determines that:
A. Traylor JV developed, and
proposed to implement, effective
alternative measures to the prohibition
of using compressed air under
hyperbaric conditions exceeding 50
p.s.i.g. The alternative measures include
use of engineering and administrative
controls of the hazards associated with
work performed in compressed-air
conditions exceeding 50 p.s.i.g. while
engaged in the construction of a
subaqueous tunnel using advanced
shielded mechanical-excavation
techniques in conjunction with an
EPBTBM. Prior to conducting
interventions in the EPBTBM’s
pressurized working chamber, the
applicant halts tunnel excavation and
prepares the machine and crew to
conduct the interventions. Interventions
involve inspection, maintenance, or
repair of the mechanical-excavation
components located in the working
chamber.
B. Traylor JV developed, and
proposed to implement, safe hyperbaric
work procedures, emergency and
contingency procedures, and medical
examinations for the Blue Plains
Tunneling project’s CAWs. The
applicant compiled these standard
operating procedures into a projectspecific HOM (Ex. OSHA–2012–0035–
0007). The HOM discusses the
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procedures and personnel qualifications
for performing work safely during the
compression and decompression phases
of interventions. The HOM also
specifies the decompression tables the
applicant proposes to use. Depending
on the maximum working pressure and
exposure times during the interventions,
the tables provide for decompression
using air, pure oxygen, or a combination
of air and oxygen. The decompression
tables also include delays or stops for
various time intervals at different
pressure levels during the transition to
atmospheric pressure (i.e., staged
decompression). In all cases, a
physician certified in hyperbaric
medicine will manage the medical
condition of CAWs during
decompression. In addition, a trained
and experienced man-lock attendant,
experienced in recognizing
decompression sickness or illnesses and
injuries, will be present. Of key
importance, a hyperbaric supervisor
(competent person), trained in
hyperbaric operations, procedures, and
safety, will directly supervise all
hyperbaric operations to ensure
compliance with the procedures
delineated in the project-specific HOM
or by the attending physician.
C. Traylor JV developed, and
proposed to implement, a training
program to instruct affected workers in
the hazards associated with conducting
hyperbaric operations.
D. Traylor JV developed, and
proposed to implement, an effective
alternative to the use of automatic
controllers that continuously decrease
pressure to achieve decompression in
accordance with the tables specified by
the standard. The alternative includes
using the 1992 French Decompression
Tables for guiding staged
decompression to achieve lower
occurrences of DCI, using a trained and
competent attendant for implementing
appropriate hyperbaric entry and exit
procedures, and providing a competent
hyperbaric supervisor and attending
physician certified in hyperbaric
medicine, to oversee all hyperbaric
operations.
E. Traylor JV developed, and
proposed to implement, an effective
alternative to the use of the special
decompression chamber required by the
standard. EPBTBM technology permits
the tunnel’s work areas to be at
atmospheric pressure, with only the face
of the EPBTBM (i.e., the working
chamber) at elevated pressure during
interventions. The applicant limits
interventions conducted in the working
chamber to performing required
inspection, maintenance, and repair of
the cutting tools on the face of the
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EPBTBM. The EPBTBM’s man lock and
working chamber provide sufficient
space for the maximum crew of three
CAWs to stand up and move around,
and safely accommodate decompression
times up to 360 minutes. Therefore,
OSHA preliminarily determined that the
EPBTBM’s man lock and working
chamber function as effectively as the
special decompression chamber
required by the standard.
OSHA conducted a review of the
scientific literature regarding
decompression to determine whether
the alternative decompression method
(i.e., the 1992 French Decompression
Tables) Traylor JV proposed provide a
workplace as safe and healthful as that
provided by the standard. Based on this
review, OSHA determined that
tunneling operations performed with
these tables 10 resulted in a lower
occurrence of DCI than the
decompression tables specified by the
standard.11 12 13
The review conducted by OSHA
found several research studies
supporting the determination that the
1992 French Decompression Tables
resulted in a lower rate of DCI than the
decompression tables specified by the
standard. For example, H. L. Anderson
studied the occurrence of DCI at
maximum hyperbaric pressures ranging
10 In 1992, the French Ministry of Labour
replaced the 1974 French Decompression Tables
with the 1992 French Decompression Tables, which
differ from OSHA’s decompression tables in
Appendix A by using: (1) Staged decompression as
opposed to continuous (linear) decompression; (2)
decompression tables based on air or both air and
pure oxygen; and (3) emergency tables when
unexpected exposure times occur (up to 30 minutes
above the maximum allowed working time).
11 Kindwall, EP (1997). Compressed air tunneling
and caisson work decompression procedures:
Development, problems, and solutions. Undersea
and Hyperbaric Medicine, 24(4), pp. 337–345. This
article reported 60 treated cases of DCI among 4,168
exposures between 19 and 31 p.s.i.g. over a 51-week
contract period, for a DCI incidence of 1.44% for
the decompression tables specified by the OSHA
standard.
12 Sealey, JL (1969). Safe exit from the hyperbaric
environment: Medical experience with pressurized
tunnel operations. Journal of Occupational
Medicine, 11(5), pp. 273–275. This article reported
210 treated cases of DCI among 38,600 hyperbaric
exposures between 13 and 34 p.s.i.g. over a 32month period, for an incidence of 0.54% for the
decompression tables specified by the Washington
State safety standards for compressed-air work,
which are similar to the tables in the OSHA
standard. Moreover, the article reported 51 treated
cases of DCI for 3,000 exposures between 30 and 34
p.s.i.g., for an incidence of 1.7% for the Washington
State tables.
13 In 1985, the National Institute for Occupational
Safety and Health (NIOSH) published a report
entitled ‘‘Criteria for Interim Decompression Tables
for Caisson and Tunnel Workers’’; this report
reviewed studies of DCI and other hyperbaricrelated injuries resulting from use of OSHA’s tables.
This report is available on NIOSH’s Web site: https://
www.cdc.gov/niosh/topics/decompression/
default.html.
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from 4 p.s.i.g. to 43 p.s.i.g. during
construction of the Great Belt Tunnel in
Denmark (1992–1996); 14 this project
used the 1992 French Decompression
Tables to decompress the workers
during part of the construction.
Anderson observed 6 DCI cases out of
7,220 decompression events, and
reported that switching to the 1992
French Decompression tables reduced
the DCI incidence to 0.08%. The DCI
incidence in the study by H. L.
Andersen is substantially less than the
DCI incidence reported for the
decompression tables specified in
Appendix A. OSHA found no studies in
which the DCI incidence reported for
the 1992 French Decompression Tables
were higher than the DCI incidence
reported for the OSHA decompression
tables.15 Therefore, OSHA concludes
that use of the 1992 French
Decompression Tables protects workers
at least as effectively as the OSHA
decompression tables.
Based on a review of available
evidence, the experience of State Plans
that either granted variances (Nevada,
Oregon and Washington) 16 or
promulgated a new standard
(California) 17 for hyperbaric exposures
occurring during similar subaqueous
tunnel-construction work, and the
information provided in the applicant’s
variance application, OSHA is granting
the permanent variance.
Under section 6(d) of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 655), the Agency finds
that when the employer complies with
the conditions of the following order,
the working conditions of the
employer’s workers are at least as safe
and healthful as if the employer
complied with the working conditions
specified by paragraphs (e)(5), (f)(1),
(g)(1)(iii), and (g)(1)(xvii) of 29 CFR
1926.803. Therefore, Traylor JV will: (1)
Comply with the conditions listed in
section VI of this notice for the period
between the grant of the interim order
and completion of the Blue Plains
Tunnel project, but no later than
January 31, 2016; (2) comply fully with
14 Anderson HL (2002). Decompression sickness
during construction of the Great Belt tunnel,
Denmark. Undersea and Hyperbaric Medicine,
29(3), pp. 172–188.
15 Le Pechon JC, Barre P, Baud JP, Ollivier F
´
(September 1996). Compressed air work—French
Tables 1992—operational results. JCLP Hyperbarie
Paris, Centre Medical Subaquatique Interentreprise,
Marseille: Communication a l’EUBS, pp. 1–5 (see
Ex. OSHA–2012–0035–0008).
16 These state variances are available in the
docket: Exs. OSHA–2012–0035–0006 (Nevada),
OSHA–2012–0035–0005 (Oregon), and OSHA–
2012–0035–0004 (Washington).
17 See California Code of Regulations, Title 8,
Subchapter 7, Group 26, Article 154, available at
https://www.dir.ca.gov/title8/sb7g26a154.html.
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all other applicable provisions of 29
CFR part 1926; and (3) provide a copy
of this Federal Register notice to all
employees affected by the conditions,
including the affected employees of
other employers, using the same means
it used to inform these employees of its
application for a permanent variance.
Additionally, this final order will
remain in effect until OSHA modifies or
revokes it in accordance with 29 CFR
1905.13.
VI. Order
As of the effective date of this final
order, OSHA is revoking the interim
order granted to the employer on July
11, 2013, and affirmed on December 11,
2014 (79 FR 73631). OSHA issues this
final order authorizing Traylor/Skanska/
Jay Dee Joint Venture (‘‘Traylor JV’’) to
comply with following conditions
instead of complying with the
requirements of paragraphs 29 CFR
1926.803(e)(5), (f)(1), (g)(1)(iii), and
(g)(1)(xvii). This final order applies to
all employees of Traylor JV exposed to
hyperbaric conditions at the Blue Plains
Tunnel project. These conditions are:
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A. Scope
The permanent variance applies only
to work:
1. That occurs in conjunction with
construction of the Blue Plains Tunnel
project, a tunnel constructed using
advanced shielded mechanicalexcavation techniques and involving
operation of an EPBTBM;
2. Performed under compressed-air
and hyperbaric conditions up to 52
p.s.i.g;
3. In the EPBTBM’s forward section
(the working chamber) and associated
hyperbaric chambers used to pressurize
and decompress employees entering and
exiting the working chamber;
4. Except for the requirements
specified by 29 CFR 1926.803(e)(5),
(f)(1), (g)(1)(iii), and (g)(1)(xvii), Traylor
JV must comply fully with all other
applicable provisions of 29 CFR part
1926; and
5. This order remains in effect until
one of the following conditions occurs:
(1) Completion of the Blue Plains
Tunnel project, but no later than
January 31, 2016; or (2) OSHA modifies
or revokes this final order in accordance
with 29 CFR 1905.13.
B. Application
The permanent variance applies only
when Traylor JV stops the tunnel-boring
work, pressurizes the working chamber,
and the CAWs either enter the working
chamber to perform interventions (i.e.,
inspect, maintain, or repair the
mechanical-excavation components), or
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exit the working chamber after
performing interventions.
C. List of Abbreviations
Abbreviations used throughout this
permanent variance include the
following:
1. CAW—Compressed-air worker
2. CFR—Code of Federal Regulations
3. DCI—Decompression Illness
4. EPBTBM—Earth Pressure Balanced Tunnel
Boring Machine
5. HOM—Hyperbaric Operations and Safety
Manual
6. JHA—Job hazard analysis
7. OSHA—Occupational Safety and Health
Administration
8. OTPCA—Office of Technical Programs and
Coordination Activities
D. Definitions
The following definitions apply to
this permanent variance. These
definitions supplement the definitions
in Traylor JV’s project-specific HOM.
1. Affected employee or worker—an
employee or worker who is affected by
the conditions of this permanent
variance, or any one of his or her
authorized representatives. The term
‘‘employee’’ has the meaning defined
and used under the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651
et seq.)
2. Atmospheric pressure—the
pressure of air at sea-level, generally
14.7 p.s.i.a., 1 atmosphere absolute, or 0
p.s.i.g.
3. Compressed-air worker—an
individual who is specially trained and
medically qualified to perform work in
a pressurized environment while
breathing air at pressures up to 52
p.s.i.g.
4. Competent person—an individual
who is capable of identifying existing
and predictable hazards in the
surroundings or working conditions that
are unsanitary, hazardous, or dangerous
to employees, and who has
authorization to take prompt corrective
measures to eliminate them.18
5. Decompression illness (also called
decompression sickness or the bends)—
an illness caused by gas bubbles
appearing in body compartments due to
a reduction in ambient pressure.
Examples of symptoms of
decompression illness include (but are
not limited to): Joint pain (also known
as the ‘‘bends’’ for agonizing pain or the
‘‘niggles’’ for slight pain); areas of bone
destruction (termed dysbaric
osteonecrosis); skin disorders (such as
cutis marmorata, which causes a pink
marbling of the skin); spinal cord and
brain disorders (such as stroke,
paralysis, paresthesia, and bladder
18 Adapted
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16447
dysfunction); cardiopulmonary
disorders, such as shortness of breath;
and arterial gas embolism (gas bubbles
in the arteries that block blood flow).19
Note: Health effects associated with
hyperbaric intervention but not considered
symptoms of DCI can include: Barotrauma
(direct damage to air-containing cavities in
the body such as ears, sinuses and lungs);
nitrogen narcosis (reversible alteration in
consciousness that may occur in hyperbaric
environments and is caused by the anesthetic
effect of certain gases at high pressure); and
oxygen toxicity (a central nervous system
condition resulting from the harmful effects
of breathing molecular oxygen (O2) at
elevated partial pressures).
6. Earth Pressure Balanced Tunnel
Boring Machine—the machinery used to
excavate the tunnel.
7. Hot work—any activity performed
in a hazardous location that may
introduce an ignition source into a
potentially flammable atmosphere.20
8. Hyperbaric—at a higher pressure
than atmospheric pressure.
9. Hyperbaric intervention—a term
that describes the process of stopping
the EPBTBM and preparing and
executing work under hyperbaric
pressure in the working chamber for the
purpose of inspecting, replacing, or
repairing cutting tools and/or the cutter
head structure.
10. Hyperbaric Operations Manual—a
detailed, project-specific health and
safety plan developed and implemented
by Traylor JV for working in compressed
air during the Blue Plains’ tunnel
project.
11. Job hazard analysis—an
evaluation of tasks or operations to
identify potential hazards and to
determine the necessary controls.
12. Man lock—an enclosed space
capable of pressurization, and used for
compressing or decompressing any
employee or material when either is
passing into or out of a working
chamber.
13. Pressure—a force acting on a unit
area. Usually expressed as pounds per
square inch (p.s.i.).
14. p.s.i.—pounds per square inch, a
common unit of measurement of
pressure; a pressure given in p.s.i.
corresponds to absolute pressure.
15. p.s.i.a.—pounds per square inch
absolute, or absolute pressure, is the
sum of the atmospheric pressure and
gauge pressure. At sea-level,
atmospheric pressure is approximately
14.7 p.s.i. Adding 14.7 to a pressure
19 See Appendix 10 of ‘‘A Guide to the Work in
Compressed Air Regulations 1996,’’ published by
the United Kingdom Health and Safety Executive
available from NIOSH at https://www.cdc.gov/niosh/
docket/archive/pdfs/NIOSH-254/compReg1996.pdf.
20 Also see 29 CFR 1910.146(b).
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expressed in units of p.s.i.g. will yield
the absolute pressure, expressed as
p.s.i.a.
16. p.s.i.g.—pounds per square inch
gauge, a common unit of pressure;
pressure expressed as p.s.i.g.
corresponds to pressure relative to
atmospheric pressure. At sea-level,
atmospheric pressure is approximately
14.7 p.s.i. Subtracting 14.7 from a
pressure expressed in units of p.s.i.a.
yields the gauge pressure, expressed as
p.s.i.g.
17. Qualified person—an individual
who, by possession of a recognized
degree, certificate, or professional
standing, or who, by extensive
knowledge, training, and experience,
successfully demonstrates an ability to
solve or resolve problems relating to the
subject matter, the work, or the
project.21
18. Working chamber—an enclosed
space in the EPBTBM in which CAWs
perform interventions, and which is
accessible only through a man lock.
mstockstill on DSK4VPTVN1PROD with NOTICES
E. Safety and Health Practices
1. Traylor JV must develop and
implement an HOM specific to the Blue
Plains project, and submit the HOM to
OSHA at least six months before using
the EPBTBM. Traylor JV must receive a
written acknowledgement from OSHA
regarding the acceptability of the
HOM.22 The HOM shall provide the
governing safety and health
requirements regarding hyperbaric
exposures during the tunnelconstruction project.
2. Traylor JV must implement the
safety and health instructions included
in the manufacturer’s operations
manuals for the EPBTBM, and the safety
and health instructions provided by the
manufacturer for the operation of
decompression equipment.
3. Traylor JV must use air as the only
breathing gas in the working chamber.
4. Traylor JV must use the 1992
French Decompression Tables for air,
air-oxygen, and oxygen decompression
specified in the HOM, specifically the
extracted portions of the 1992 French
Decompression tables titled ‘‘French
Regulation Air Standard Tables.’’
5. Traylor JV must equip man-locks
used by its employees with an oxygendelivery system as specified by the
HOM. Traylor JV must not store oxygen
or other compressed gases used in
conjunction with hyperbaric work in the
tunnel.
6. Workers performing hot work
under hyperbaric conditions must use
21 Adapted
22 See
from 29 CFR 1926.32(m).
footnote 8.
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flame-retardant personal protective
equipment and clothing.
7. In hyperbaric work areas, Traylor
JV must maintain an adequate firesuppression system approved for
hyperbaric work areas.
8. Traylor JV must develop and
implement one or more JHAs for work
in the hyperbaric work areas, and
review, periodically and as necessary
(e.g., after making changes to a planned
intervention that affects its operation),
the contents of the JHAs with affected
employees. The JHAs must include all
the job functions that the risk
assessment 23 indicates are essential to
prevent injury or illness.
9. Traylor JV must develop a set of
checklists to guide compressed-air work
and ensure that employees follow the
procedures required by this permanent
variance (including all procedures
required by the HOM, which this
variance incorporates by reference). The
checklists must include all steps and
equipment functions that the risk
assessment indicates are essential to
prevent injury or illness during
compressed-air work.
10. Traylor JV must ensure that the
safety and health provisions of the HOM
adequately protect the workers of all
contractors and subcontractors involved
in hyperbaric operations.24
F. Communication
1. Prior to beginning a shift, Traylor
JV must implement a system that
informs workers exposed to hyperbaric
conditions of any hazardous
occurrences or conditions that might
affect their safety, including hyperbaric
incidents, gas releases, equipment
failures, earth or rock slides, cave-ins,
flooding, fires, or explosions.
2. Traylor JV must provide a powerassisted means of communication
among affected workers and support
personnel in hyperbaric conditions
where unassisted voice communication
is inadequate.
(a) Traylor JV must use an
independent power supply for powered
communication systems, and these
systems must operate such that use or
disruption of any one phone or signal
location will not disrupt the operation
of the system from any other location.
(b) Traylor JV must test
communication systems at the start of
each shift and as necessary thereafter to
ensure proper operation.
23 See ANSI/AIHA Z10–2012, American National
Standard for Occupational Health and Safety
Management Systems, for reference.
24 See ANSI/ASSE A10.33–2011, American
National Standard for Construction and Demolition
Operations—Safety and Health Program
Requirements for Multi-Employer Projects, for
reference.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
G. Worker Qualifications and Training
Traylor JV must:
1. Ensure that each affected worker
receives effective training on how to
safely enter, work in, exit from, and
undertake emergency evacuation or
rescue from, hyperbaric conditions, and
document this training.
2. Provide effective instruction, before
beginning hyperbaric operations, to
each worker who performs work, or
controls the exposure of others, in
hyperbaric conditions, and document
this instruction. The instruction must
include topics such as:
(a) The physics and physiology of
hyperbaric work;
(b) Recognition of pressure-related
injuries;
(c) Information on the causes and
recognition of the signs and symptoms
associated with decompression illness,
and other hyperbaric interventionrelated health effects (e.g., barotrauma,
nitrogen narcosis, and oxygen toxicity).
(d) How to avoid discomfort during
compression and decompression; and
(e) Information the workers can use to
contact the appropriate healthcare
professionals should the workers have
concerns that they may be experiencing
adverse health effects from hyperbaric
exposure.
3. Repeat the instruction specified in
paragraph (2) of this condition
periodically and as necessary (e.g., after
making changes to its hyperbaric
operations).
4. When conducting training for its
hyperbaric workers make this training
available to OSHA personnel and notify
the OTPCA at OSHA’s national office
and OSHA’s Baltimore/Washington DC
Area Office before the training takes
place.
H. Inspections, Tests, and Accident
Prevention
1. Traylor JV must initiate and
maintain a program of frequent and
regular inspections of the EPBTBM’s
hyperbaric equipment and support
systems (such as temperature control,
illumination, ventilation, and fireprevention and fire-suppression
systems), and hyperbaric work areas, as
required under 29 CFR 1926.20(b)(2) by:
(a) Developing a set of checklists to be
used by a competent person in
conducting weekly inspections of
hyperbaric equipment and work areas;
and
(b) Ensuring that a competent person
conducts daily visual checks and
weekly inspections of the EPBTBM.
2. If the competent person determines
that the equipment constitutes a safety
hazard, Traylor JV must remove the
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equipment from service until it corrects
the hazardous condition and has the
correction approved by a qualified
person.
3. Traylor JV must maintain records of
all tests and inspections of the EPBTBM,
as well as associated corrective actions
and repairs, at the job site for the
duration of the job.
I. Compression and Decompression
Traylor JV must consult with its
attending physician concerning the
need for special compression or
decompression exposures appropriate
for CAWs not acclimated to hyperbaric
exposure.
J. Recordkeeping
Traylor JV must maintain a record of
any recordable injury, illness, or fatality
(as defined by 29 CFR part 1904
Recording and Reporting Occupational
Injuries and Illnesses), resulting from
exposure of an employee to hyperbaric
conditions by completing the OSHA 301
Incident Report form and OSHA 300
Log of Work Related Injuries and
Illnesses.
mstockstill on DSK4VPTVN1PROD with NOTICES
Note: Examples of important information
to include on the OSHA 301 Incident Report
form (along with the corresponding question
on the form) are: The task performed
(Question (Q) 14); an estimate of the CAW’s
workload (Q 14); the composition of the gas
mixture (e.g., air or oxygen (Q 14)); the
maximum working pressure (Q 14);
temperature in the work and decompression
environments (Q 14); unusual occurrences, if
any, during the task or decompression (Q 14);
time of symptom onset (Q 15); duration
between decompression and onset of
symptoms (Q 15); type and duration of
symptoms (Q 16); a medical summary of the
illness or injury (Q 16); duration of the
hyperbaric intervention (Q 17); possible
contributing factors (Q 17); the number of
prior interventions completed by the injured
or ill CAW (Q 17); the number of prior
interventions completed by the injured or ill
CAW at this working pressure (Q 17); contact
information for the treating healthcare
provider (Q 17); and date and time of last
hyperbaric exposure for this CAW.
In addition to completing the OSHA
301 Incident Report form and OSHA
300 Log of Work Related Injuries and
Illnesses, Traylor JV must maintain
records of:
1. The date, times (e.g., began
compression, time spent compressing,
time performing intervention, time
spent decompressing), and pressure for
each hyperbaric intervention.
2. The name of each individual
worker exposed to hyperbaric pressure
and the decompression protocols and
results for each worker.
3. The total number of interventions
and the amount of hyperbaric work time
at each pressure.
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4. The results of the post-intervention
physical assessment of each CAW for
signs and symptoms of decompression
illness, barotrauma, nitrogen narcosis,
oxygen toxicity or other health effects
associated with work in compressed air
for each hyperbaric intervention.
K. Notifications
1. To assist OSHA in administering
the conditions specified herein, Traylor
JV must:
(a) Notify the OTPCA and the
Baltimore/Washington DC Area Office
of any recordable injuries, illnesses, inpatient hospitalizations, amputations,
loss of an eye, or fatality (by submitting
the completed OSHA 301 Incident
Report form 25) resulting from exposure
of an employee to hyperbaric conditions
including those that do not require
recompression treatment (e.g., nitrogen
narcosis, oxygen toxicity, barotrauma),
but still meet the recordable injury or
illness criteria of 29 CFR part 1904. The
notification must be made within 8
hours of the incident or 8 hours after
becoming aware of a recordable injury,
illness, in-patient hospitalizations,
amputations, loss of an eye, or fatality,
and submit a copy of the incident
investigation (OSHA form 301) within
24 hours of the incident or 24 hours
after becoming aware of a recordable
case. In addition to the information
required by the OSHA form 301, the
incident-investigation report must
include a root-cause determination, and
the preventive and corrective actions
identified and implemented.
(b) Provide certification within 15
working days of the incident that
Traylor JV informed affected workers of
the incident and the results of the
incident investigation (including the
root-cause determination and preventive
and corrective actions identified and
implemented).
(c) Notify the OTPCA and the
Baltimore/Washington DC Area Office
within 15 working days and in writing,
of any change in the compressed-air
operations that affects Traylor JV’s
ability to comply with the conditions
specified herein.
(d) Upon completion of the Blue
Plains Tunnel project, evaluate the
effectiveness of the decompression
tables used throughout the project, and
provide a written report of this
evaluation to the OTPCA and the
Baltimore/Washington DC Area Office.
Note: The evaluation report must contain
summaries of: (1) The number, dates,
durations, and pressures of the hyperbaric
interventions completed; (2) decompression
protocols implemented (including
25 See
PO 00000
footnote 9.
Frm 00091
Fmt 4703
Sfmt 4703
16449
composition of gas mixtures (air and/or
oxygen), and the results achieved; (3) the
total number of interventions and the number
of hyperbaric incidents (decompression
illnesses and/or health effects associated
with hyperbaric interventions as recorded on
OSHA 301 and 300 forms, and relevant
medical diagnoses and treating physicians’
opinions); and (4) root causes of any
hyperbaric incidents, and preventive and
corrective actions identified and
implemented.
(e) To assist OSHA in administering
the conditions specified herein, inform
the OTPCA and the Baltimore/
Washington DC Area Office as soon as
possible after it has knowledge that it
will:
(i) Cease to do business;
(ii) Change the location and address of
the main office for managing the
tunneling operations specified herein;
or
(iii) Transfer the operations specified
herein to a successor company.
(f) Notify all affected employees of
this permanent variance by the same
means required to inform them of its
application for a variance.
2. OSHA must approve the transfer of
the permanent variance to a successor
company.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant
Secretary of Labor for Occupational Safety
and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the
preparation of this notice. Accordingly, the
Agency is issuing this notice pursuant to
Section 29 U.S.C. 655(6)(d), Secretary of
Labor’s Order No. 1–2012 (77 FR 3912, Jan.
25, 2012), and 29 CFR 1905.11.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2015–06975 Filed 3–26–15; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Inorganic
Arsenic Standard
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Occupational
Safety and Health Administration
(OSHA) sponsored information
collection request (ICR) titled,
‘‘Inorganic Arsenic Standard,’’ to the
Office of Management and Budget
(OMB) for review and approval for
continued use, without change, in
accordance with the Paperwork
SUMMARY:
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[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Pages 16440-16449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06975]
=======================================================================
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2012-0035]
Traylor/Skanska/Jay Dee Joint Venture: Grant of a Permanent
Variance
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In this notice, OSHA grants a permanent variance to Traylor/
Skanska/Jay Dee Joint Venture from the provisions of OSHA standards
that regulate work in compressed air environments at 29 CFR 1926.803.
DATES: The permanent variance specified by this notice becomes
effective on March 27, 2015 and shall remain in effect until January
31, 2016.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999;
email: Meilinger.francis2@dol.gov.
General and technical information: Contact Mr. Kevin Robinson,
Acting Director, Office of Technical Programs and Coordination
Activities, Directorate of Technical Support and Emergency Management,
Occupational Safety and Health Administration, U.S. Department of
Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210;
phone: (202) 693-2110 or email: robinson.kevin@dol.gov.
SUPPLEMENTARY INFORMATION:
Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at https://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's Web page at https://www.osha.gov.
I. Notice of Application
On April 26, 2012, Traylor Bros., Inc., 835 N. Congress Ave.,
Evansville, IN 47715, and Traylor/Skanska/Jay Dee Joint Venture, Blue
Plains Tunnel, 5000 Overlook Avenue SW., Washington, DC 20032,
submitted under Section 6(d) of the Occupational Safety and Health Act
of 1970 (``OSH Act''; 29 U.S.C. 655) and 29 CFR 1905.11 (``Variances
and other relief under section 6(d)'') an application for a permanent
variance from several provisions of the OSHA standard that regulates
work in compressed air at 29 CFR 1926.803. OSHA is addressing this
request as two separate applications: (1) Traylor Bros., Inc.
(``Traylor'') request for a permanent variance for future tunneling
projects; and (2) Traylor/Skanska/Jay Dee Joint Venture, Blue Plains
Tunnel (``Traylor JV'' or ``the applicant''). This notice only
addresses the Traylor JV application for an interim order and permanent
variance for the Blue Plains Tunnel project.\1\ This notice does not
address the Traylor application for a permanent variance for future
projects. That request will be addressed separately.
---------------------------------------------------------------------------
\1\ See Section III discussion of condition A Scope.
---------------------------------------------------------------------------
Traylor JV also requested an interim order pending OSHA's decision
on the application for a variance (Ex. OSHA-2012-0035-0008).
Specifically, this notice addresses the application submitted by
Traylor JV for the Blue Plains Tunnel project in which the applicant
seeks a permanent variance and interim order from the provisions of the
standard that: (1) Prohibit compressed-air worker exposure to pressures
exceeding 50 pounds per square inch (p.s.i.) except in an emergency (29
CFR 1926.803(e)(5)); \2\ (2) require the use of the decompression
values specified in decompression tables in Appendix A of the
compressed-air standard for construction (29 CFR 1926.803(f)(1)); and
(3) require the use of automated operational controls and a special
decompression chamber (29 CFR 1926.803(g)(1)(iii) and .803(g)(1)(xvii),
respectively).
---------------------------------------------------------------------------
\2\ The decompression tables in Appendix A of subpart S express
the maximum working pressures as pounds per square inch gauge
(p.s.i.g.), with a maximum working pressure of 50 p.s.i.g.
Therefore, throughout this notice, OSHA expresses the 50 p.s.i.
value specified by Sec. 1926.803(e)(5) as 50 p.s.i.g., consistent
with the terminology in Appendix A, Table 1 of subpart S.
---------------------------------------------------------------------------
The applicant is a contractor that works on complex tunnel projects
using recently developed equipment and procedures for soft-ground
tunneling. The applicant's workers engage in the construction of
tunnels using advanced shielded mechanical excavation
[[Page 16441]]
techniques in conjunction with an earth pressure balanced tunnel boring
machine (EPBTBM).
According to its application, Traylor is currently the managing
partner of Traylor/Skanska/Jay Dee Joint Venture (``Traylor JV''), the
general contractor for the DC Water and Sewer Authority's project to
construct the Blue Plains Tunnel. Traylor JV asserts that generally, it
bores tunnels (i.e., Blue Plains Tunnel) below the water table through
soft soils consisting of clay, silt, and sand. Traylor JV employs
specially trained personnel for the construction of the tunnel, and
states that this construction will use shielded mechanical-excavation
techniques. Traylor JV asserts that its workers perform hyperbaric
interventions at pressures greater than 50 p.s.i.g. in the excavation
chamber of the EPBTBM; these interventions consist of conducting
inspections and maintenance work on the cutter-head structure and
cutting tools of the EPBTBM.
Traylor JV asserts that innovations in tunnel excavation,
specifically with EPBTBMs, have, in most cases, eliminated the need to
pressurize the entire tunnel. This technology negates the requirement
that all members of a tunnel-excavation crew work in compressed air
while excavating the tunnel. These advances in technology modified
substantially the methods used by the construction industry to excavate
subaqueous tunnels compared to the caisson work regulated by the
current OSHA compressed-air standard for construction at 29 CFR
1926.803. Such advances reduce the number of workers exposed, and the
total duration of exposure, to hyperbaric pressure during tunnel
construction.
Using shielded mechanical-excavation techniques, in conjunction
with precast concrete tunnel liners and backfill grout, EPBTBMs provide
methods to achieve the face pressures required to maintain a stabilized
tunnel face through various geologies, and isolate that pressure to the
forward section (the working chamber) of the EPBTBM. Interventions in
the working chamber (the pressurized portion of the EPBTBM) take place
only after halting tunnel excavation and preparing the machine and crew
for an intervention. Interventions occur to inspect or maintain the
mechanical-excavation components located in the working chamber.
Maintenance conducted in the working chamber includes changing
replaceable cutting tools and disposable wear bars, and, in rare cases,
repairing structural damage to the cutter head.
In addition to innovations in tunnel-excavation methods, Traylor JV
asserts that innovations in hyperbaric medicine and technology improve
the safety of decompression from hyperbaric exposures. According to
Traylor JV, the use of decompression protocols incorporating oxygen is
at least as effective for tunnel workers as compliance with the
decompression tables specified by the existing OSHA standard (29 CFR
part 1926, subpart S, Appendix A decompression tables). These
hyperbaric exposures are possible due to advances in technology, a
better understanding of hyperbaric medicine, and the development of a
project-specific Hyperbaric Operations Manual (HOM) that requires
specialized medical support and hyperbaric supervision to provide
assistance to a team of specially trained man-lock attendants and
hyperbaric or compressed-air workers.
OSHA initiated a technical review of the Traylor JV's variance
application and developed a set of follow-up questions that it sent to
Traylor JV on September 17, 2012 (Ex. OSHA-2012-0035-0003). On October
26, 2012, Traylor JV submitted its response and a request for an
interim order for the Blue Plains Tunnel Project (Ex. OSHA-2012-0035-
0008). In its response to OSHA's follow-up questions, Traylor JV
indicated that the maximum pressure to which it is likely to expose
workers during interventions for the Blue Plains Tunnel project is 52
p.s.i.g. and does not involve the use of trimix breathing gas (composed
of a mixture of oxygen, nitrogen, and helium in varying concentrations
used for breathing by compressed air workers for compression and
decompression when working at pressures exceeding 73 p.s.i.g.).
Therefore, to work effectively on this project, Traylor JV must perform
hyperbaric interventions in compressed air at pressures higher than the
maximum pressure specified by the existing OSHA standard, 29 CFR
1926.803(e)(5), which states: ``No employee shall be subjected to
pressure exceeding 50 p.s.i.g. except in emergency'' (see footnote 2).
OSHA considered Traylor JV's application for a permanent variance
and interim order for the Blue Plains Tunnel project. OSHA determined
that Traylor JV proposed an alternative that will provide a workplace
as safe and healthful as that provided by the standard. On July 11,
2013, OSHA granted Traylor JV a project-specific interim order for the
completion of the Blue Plains Tunnel (Ex. OSHA-2012-0035-0011) in order
to permit the applicant to begin work while OSHA continued to consider
its application for a permanent variance. Further, on December 11,
2014, OSHA published a Federal Register notice announcing Traylor JV's
application for a permanent variance and interim order, grant of an
interim order, and request for comments (79 FR 73631) for the Blue
Plains Tunnel project.
II. The Variance Application
A. Background
As indicated earlier in this notice, Traylor JV asserts that the
advances in tunnel excavation technology described in Section I of this
notice modified significantly the equipment and methods used by
contractors to construct subaqueous tunnels, thereby making several
provisions of OSHA's compressed-air standard for construction at 29 CFR
1926.803 inappropriate for this type of work. These advances reduce
both the number of workers exposed, and the total duration of exposure,
to the hyperbaric conditions associated with tunnel construction.
Using shielded mechanical-excavation techniques, in conjunction
with pre-cast concrete tunnel liners and backfill grout, EPBTBMs
provide methods to achieve the face pressures required to maintain a
stabilized tunnel face, through various geologies, while isolating that
pressure to the forward section (working or excavation chamber) of the
EPBTBM.
Interventions involving the working chamber (the pressurized
chamber at the head of the EPBTBM) take place only after the applicant
halts tunnel excavation and prepares the machine and crew for an
intervention. Interventions occur to inspect or maintain the
mechanical-excavation components located in the forward portion of the
working chamber. Maintenance conducted in the forward portion of the
working chamber includes changing replaceable cutting tools, disposable
wear bars, and, in rare cases, repairs to the cutter head due to
structural damage.
In addition to innovations in tunnel-excavation methods, research
conducted after OSHA published its compressed-air standard for
construction in 1971, resulted in advances in hyperbaric medicine. In
this regard, the applicant asserts that the use of decompression
protocols incorporating oxygen is more efficient, effective, and safer
for tunnel workers than compliance with the existing OSHA standard (29
CFR part 1926, subpart S, Appendix A decompression tables). According
to the applicant, contractors routinely and safely expose employees
performing
[[Page 16442]]
interventions in the working chamber of EPBTBMs to hyperbaric pressures
up to 75 p.s.i.g., which is 50% higher than maximum pressure specified
by the existing OSHA standard (see 29 CFR 1926.803(e)(5)).
The applicant contends that the alternative safety measures
included in its application provide its workers with a place of
employment that is at least as safe and healthful as they would obtain
under the existing provisions of OSHA's compressed-air standard for
construction. The applicant certifies that it provided employee
representatives of affected workers with a copy of the variance
application.\3\ The applicant also certifies that it notified its
workers of the variance application by posting, at prominent locations
where it normally posts workplace notices, a summary of the application
and information specifying where the workers can examine a copy of the
application. In addition, the applicant informed its workers and their
representatives of their rights to petition the Assistant Secretary of
Labor for Occupational Safety and Health for a hearing on the variance
application.
---------------------------------------------------------------------------
\3\ See the definition of ``Affected employee or worker'' in
section VI. D.
---------------------------------------------------------------------------
B. Variance From Paragraph (e)(5) of 29 CFR 1926.803, Prohibition of
Exposure to Pressure Greater Than 50 p.s.i.g. (See Footnote 1)
The applicant states that it may perform hyperbaric interventions
at pressures greater than 50 p.s.i.g. in the working chamber of the
EPBTBM; this pressure exceeds the pressure limit of 50 p.s.i.g.
specified for nonemergency purposes by 29 CFR 1926.803(e)(5). The
EPBTBM has twin man locks, with each man lock having two compartments.
This configuration allows workers to access the man locks for
compression and decompression, and medical personnel to access the man
locks if required in an emergency.
EPBTBMs are capable of maintaining pressure at the tunnel face, and
stabilizing existing geological conditions, through the controlled use
of propel cylinders, a mechanically driven cutter head, bulkheads
within the shield, ground-treatment foam, and a screw conveyor that
moves excavated material from the working chamber. As noted earlier,
the forward-most portion of the EPBTBM is the working chamber, and this
chamber is the only pressurized segment of the EPBTBM. Within the
shield, the working chamber consists of two sections: The staging
chamber and the forward working chamber. The staging chamber is the
section of the working chamber between the man-lock door and the entry
door to the forward working chamber. The forward working chamber is
immediately behind the cutter head and tunnel face.
The applicant will pressurize the working chamber to the level
required to maintain a stable tunnel face. Pressure in the staging
chamber ranges from atmospheric (no increased pressure) to a maximum
pressure equal to the pressure in the working chamber. The applicant
asserts that most of the hyperbaric interventions will be around 14.7
p.s.i.g. However, the applicant maintains that they may have to perform
interventions at pressures up to 52 p.s.i.g.
During interventions, workers enter the working chamber through one
of the twin man locks that open into the staging chamber. To reach the
forward part of the working chamber, workers pass through a door in a
bulkhead that separates the staging chamber from the forward working
chamber. The maximum crew size allowed in the forward working chamber
is three. At certain hyperbaric pressures (i.e., when decompression
times are greater than work times), the twin man locks allow for crew
rotation. During crew rotation, one crew can be compressing or
decompressing while the second crew is working. Therefore, the working
crew always has an unoccupied man lock at its disposal.
The applicant developed a project-specific HOM for the Blue Plains
Tunnel (Ex. OSHA-2012-0035-0007) that describes in detail the
hyperbaric procedures and required medical examinations used during the
tunnel-construction project. The HOM discusses standard operating
procedures and emergency and contingency procedures. The procedures
include using experienced and knowledgeable man-lock attendants who
have the training and experience necessary to recognize and treat
decompression illnesses and injuries. The attendants are under the
direct supervision of the hyperbaric supervisor and attending
physician. In addition, procedures include medical screening and review
of prospective compressed-air workers (CAWs). The purpose of this
screening procedure is to vet prospective CAWs with medical conditions
(e.g., deep vein thrombosis, poor vascular circulation, and muscle
cramping) that could be aggravated by sitting in a cramped space (e.g.,
a man lock) for extended periods or by exposure to elevated pressures
and compressed gas mixtures. A transportable recompression chamber
(shuttle) is available to extract workers from the hyperbaric working
chamber for emergency evacuation and medical treatment; the shuttle
attaches to the topside medical lock, which is a large recompression
chamber. The applicant believes that the procedures included in the HOM
provide safe work conditions when interventions are necessary,
including interventions above 50 p.s.i.g.
C. Variance From Paragraph (f)(1) of 29 CFR 1926.803, Requirement To
Use OSHA Decompression Tables
OSHA's compressed-air standard for construction requires
decompression in accordance with the decompression tables in Appendix A
of 29 CFR part 1926, subpart S (see 29 CFR 1926.803(f)(1)). As an
alternative to the OSHA decompression tables, the applicant proposes to
use newer decompression schedules that supplement breathing air used
during decompression with pure oxygen. The applicant asserts that these
decompression protocols are safer for tunnel workers than the
decompression protocols specified in Appendix A of 29 CFR part 1926,
subpart S.
Accordingly, the applicant proposes to use the 1992 French
Decompression Tables to decompress CAWs after they exit the hyperbaric
conditions in the working chamber. Depending on the maximum working
pressure and exposure times, the 1992 French Decompression Tables
provide for air decompression with or without oxygen. Traylor JV
asserts that oxygen decompression has many benefits, including (1)
keeping the partial pressure of nitrogen in the lungs as low as
possible; (2) keeping external pressure as low as possible to reduce
the formation of bubbles in the blood; (3) removing nitrogen from the
lungs and arterial blood and increasing the rate of elimination of
nitrogen; (4) improving the quality of breathing during decompression
stops so that workers are less tired and to prevent bone necrosis; (5)
reducing decompression time by about 33 percent as compared to air
decompression; and (6) reducing inflammation. As described in Section V
of this notice, OSHA's review of the use of oxygen in several major
tunneling projects completed in the past indicates that it contributed
significantly to the reduction of decompression illness (DCI) and other
associated adverse effects observed and reported among CAWs.
In addition, the HOM requires a physician certified in hyperbaric
medicine to manage the medical condition of CAWs during hyperbaric
exposures and decompression. A trained and experienced man-lock
attendant also will be present during
[[Page 16443]]
hyperbaric exposures and decompression. This man-lock attendant will
operate the hyperbaric system to ensure compliance with the specified
decompression table. A hyperbaric supervisor (competent person),
trained in hyperbaric operations, procedures, and safety, directly
oversees all hyperbaric interventions, and ensures that staff follow
the procedures delineated in the HOM or by the attending physician.
The applicant asserts that at higher hyperbaric pressures,
decompression times exceed 75 minutes. The HOM establishes protocols
and procedures that provide the basis for alternate means of protection
for CAWs under these conditions. Accordingly, based on these protocols
and procedures, the applicant requests to use the 1992 French
Decompression Tables for hyperbaric interventions up to 52 p.s.i.g. for
completion of the Blue Plains Tunnel project. The applicant is
committed to follow the decompression procedures described in the Blue
Plains Tunnel project-specific HOM during these interventions.
D. Variance From Paragraph (g)(1)(iii) of 29 CFR 1926.803,
Automatically Regulated Continuous Decompression
According to the applicant, breathing air under hyperbaric
conditions increases the amount of nitrogen gas dissolved in a CAW's
tissues. The greater the hyperbaric pressure under these conditions,
and the more time spent under the increased pressure, the greater the
amount of nitrogen gas dissolved in the tissues. When the pressure
decreases during decompression, tissues release the dissolved nitrogen
gas into the blood system, which then carries the nitrogen gas to the
lungs for elimination through exhalation. Releasing hyperbaric pressure
too rapidly during decompression can increase the size of the bubbles
formed by nitrogen gas in the blood system, resulting in DCI, commonly
referred to as ``the bends.'' This description of the etiology of DCI
is consistent with current scientific theory and research on the issue
(see footnote 13 in this notice discussing a 1985 NIOSH report on DCI).
The 1992 French Decompression Tables proposed for use by the
applicant provide for stops during worker decompression (i.e., staged
decompression) to control the release of nitrogen gas from tissues into
the blood system. Studies show that staged decompression, in
combination with other features of the 1992 French Decompression Tables
such as the use of oxygen, result in a lower incidence of DCI than the
OSHA decompression requirements of 29 CFR 1926.803, which specify the
use of automatically regulated continuous decompression (see footnotes
9 through 14 in this notice for references to these studies).\4\ In
addition, the applicant asserts that staged decompression is at least
as effective as an automatic controller in regulating the decompression
process because:
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\4\ In the study cited in footnote 11, starting at page 338, Dr.
Eric Kindwall notes that the use of automatically regulated
continuous decompression in the Washington State safety standards
for compressed-air work (from which OSHA derived its decompression
tables) was at the insistence of contractors and the union, and
against the advice of the expert who calculated the decompression
table and recommended using staged decompression. Dr. Kindwall then
states, ``Continuous decompression is inefficient and wasteful. For
example, if the last stage from 4 psig . . . to the surface took 1
h, at least half the time is spent at pressures less than 2 psig . .
., which provides less and less meaningful bubble suppression . .
.'' In addition, the report referenced in footnote 5 under the
section titled, ``Background on the Need for Interim Decompression
Tables'' addresses the continuous-decompression protocol in the OSHA
compressed-air standard for construction, noting that ``[a]side from
the tables for saturation diving to deep depths, no other widely
used or officially approved diving decompression tables use straight
line, continuous decompressions at varying rates. Stage
decompression is usually the rule, since it is simpler to control.''
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1. A hyperbaric supervisor (a competent person experienced and
trained in hyperbaric operations, procedures, and safety) directly
supervises all hyperbaric interventions and ensures that the man-lock
attendant, who is a competent person in the manual control of
hyperbaric systems, follows the schedule specified in the decompression
tables, including stops; and
2. The use of the 1992 French Decompression Tables for staged
decompression offers an equal or better level of management and control
over the decompression process than an automatic controller and results
in lower occurrences of DCI.
Accordingly, the applicant is applying for a permanent variance
from the OSHA standard at 29 CFR 1926.803(g)(1)(iii), which requires
automatic controls to regulate decompression. As noted above, the
applicant is committed to conduct the staged decompression according to
the 1992 French Decompression Tables under the direct control of the
trained man-lock attendant and under the oversight of the hyperbaric
supervisor.
E. Variance From Paragraph (g)(1)(xvii) of 29 CFR 1926.803, Requirement
of Special Decompression Chamber
The OSHA compressed-air standard for construction requires
employers to use a special decompression chamber when total
decompression time exceeds 75 minutes (see 29 CFR
1926.803(g)(1)(xvii)). Another provision of OSHA's compressed-air
standard calls for locating the special decompression chamber adjacent
to the man lock on the atmospheric pressure side of the tunnel bulkhead
(see 29 CFR 1926.803(g)(2)(vii)). However, since only the working
chamber of the EPBTBM is under pressure, and only a few workers out of
the entire crew are exposed to hyperbaric pressure, the man locks
(which, as noted earlier, connect directly to the working chamber) are
of sufficient size to accommodate the exposed workers. In addition,
available space in the EPBTBM does not allow for an additional special
decompression lock. Again, the applicant uses the man locks, each of
which adequately accommodates a three-member crew, for this purpose
when decompression lasts up to 75 minutes. When decompression exceeds
75 minutes, crews can open the door connecting the two compartments in
each man lock during decompression stops or exit the man lock and move
into the staging chamber where additional space is available. This
alternative enables CAWs to move about and flex their joints to prevent
neuromuscular problems during decompression.
F. Previous Tunnel Construction Variance
OSHA notes that on May 23, 2014, it granted a sub-aqueous tunnel
construction permanent variance to Tully/OHL USA Joint Venture (79 FR
29809) from the same provisions of the standard that regulates work in
compressed air (at 29 CFR 1926.803(e)(5), (f)(1), (g)(1)(iii), and
(g)(1)(xvii)) that are the subject of the present application.
Generally, the alternate conditions in this notice are based on and
very similar to the alternate conditions of the previous permanent
variance.
G. Multi-State Variance
As stated earlier in this notice, Traylor JV applied for an interim
order for its Blue Plains Tunnel project only. On July 11, 2013, OSHA
granted an interim order to cover only the Blue Plains Tunnel project,
which is located entirely in the District of Columbia and thus under
Federal OSHA's exclusive jurisdiction. Further, on December 11, 2014,
OSHA published a Federal Register notice announcing Traylor JV's
application for a permanent variance and interim order, grant of an
interim order, and request for comments (79 FR 73631).
[[Page 16444]]
Additionally, twenty-seven state safety and health plans have been
approved by OSHA under section 18 of the (OSH) Act.\5\ As part of the
permanent variance process, the Directorate of Cooperative and State
Programs will notify the State Plans of Traylor JV's variance
application and grant of the Blue Plains permanent variance. In
considering Traylor JV's application for a permanent variance and
interim order, OSHA noted that four states have previously granted sub-
aqueous tunnel construction variances and imposed different or
additional requirements and conditions (California, Nevada, Oregon, and
Washington). California also promulgated a new standard \6\ for similar
sub-aqueous tunnel construction work.
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\5\ Five State Plans (Connecticut, Illinois, New Jersey, New
York, and the Virgin Islands) limit their occupational safety and
health authority to state and local employers only. State Plans that
exercise their occupational safety and health authority over both
public- and private-sector employers are: Alaska, Arizona,
California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan,
Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico,
South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and
Wyoming.
\6\ See California Code of Regulations, Title 8, Subchapter 7,
Group 26, Article 154, available at https://www.dir.ca.gov/title8/sb7g26a154.html.
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III. Description of the Conditions Specified for the Permanent Variance
This section describes the alternative means of compliance with 29
CFR 1926.803(e)(5), (f)(1), (g)(1)(iii), and (g)(1)(xvii) and provides
additional detail regarding the conditions that form the basis of
Traylor JV's permanent variance.
Condition A: Scope
The scope of the permanent variance limits coverage to the work
situations specified under this condition. Clearly defining the scope
of the permanent variance provides Traylor JV, Traylor JV's employees,
other stakeholders, the public, and OSHA with necessary information
regarding the work situations in which the permanent variance applies.
According to 29 CFR 1905.11, an employer or class or group of
employers \7\ may request a permanent variance for a specific workplace
or workplaces. If granted, the variance applies to the specific
employer(s) that submitted the application. In this instance, the
permanent variance applies to the applicant, Traylor/Skanska/Jay Dee
Joint Venture at the Blue Plains Tunnel project and does not apply to
any other employers.
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\7\ A class or group of employers (such as members of a trade
alliance or association) may apply jointly for a variance provided
an authorized representative for each employer signs the application
and the application identifies each employer's affected facilities.
---------------------------------------------------------------------------
Condition B: Application
This condition specifies the circumstances under which the
permanent variance is in effect, notably only for hyperbaric work
performed during interventions. The condition places clear limits on
the circumstances under which the applicant can expose its employees to
hyperbaric pressure.
Condition C: List of Abbreviations
Condition C defines a number of abbreviations used in the permanent
variance. OSHA believes that defining these abbreviations serves to
clarify and standardize their usage, thereby enhancing the applicant's
and its employees' understanding of the conditions specified by the
permanent variance.
Condition D: Definitions
The condition defines a series of terms, mostly technical terms,
used in the permanent variance to standardize and clarify their
meaning. Defining these terms serves to enhance the applicant's and its
employees' understanding of the conditions specified by the permanent
variance.
Condition E: Safety and Health Practices
This condition requires the applicant to develop and submit to OSHA
an HOM specific to the Blue Plains project at least six months before
using the EPBTBM for tunneling operations. Additionally, the condition
includes a series of related hazard prevention and control requirements
and methods (e.g., decompression tables, job hazard analyses (JHA),
operations and inspections checklists, incident investigation,
recording and notification to OSHA of recordable hyperbaric injuries
and illnesses, etc.) designed to ensure the continued effective
functioning of the hyperbaric equipment and operating system.
Review of the HOM enables OSHA to: (1) Determine that the safety
and health instructions and measures it specifies are appropriate and
do adequately protect the safety and health of the CAWs; and (2)
request the applicant to revise or modify the HOM if it finds that the
hyperbaric safety and health procedures are not suitable for the
specific project and do not adequately protect the safety and health of
the CAWs. Once approved, the project-specific HOM becomes part of the
variance, thus enabling OSHA to enforce its safety and health
procedures and measures.\8\
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\8\ Grant of the July 11, 2013, project-specific interim order
constituted OSHA's approval of Traylor JV's Blue Plains Tunnel
project-specific HOM.
---------------------------------------------------------------------------
Condition F: Communication
Condition F requires the applicant to develop and implement an
effective system of information sharing and communication. Effective
information sharing and communication ensures that affected workers
receive updated information regarding any safety-related hazards and
incidents, and corrective actions taken, prior to the start of each
shift. The condition also requires the applicant to ensure that
reliable means of emergency communications are available and maintained
for affected workers and support personnel during hyperbaric
operations. Availability of such reliable means of communications
enables affected workers and support personnel to respond quickly and
effectively to hazardous conditions or emergencies that may develop
during EPBTBM operations.
Condition G: Worker Qualification and Training
This condition requires the applicant to develop and implement an
effective qualification and training program for affected workers. The
condition specifies the factors that an affected worker must know to
perform safely during hyperbaric operations, including how to enter,
work in, and exit from hyperbaric conditions under both normal and
emergency conditions. Having well-trained and qualified workers
performing hyperbaric intervention work ensures that they recognize,
and respond appropriately to, hyperbaric safety and health hazards.
These qualification and training requirements enable affected workers
to cope effectively with emergencies, as well as the discomfort and
physiological effects of hyperbaric exposure, thereby preventing worker
injury, illness, and fatalities.
Paragraph (2)(e) of this condition also requires the applicant to
provide affected workers with information they can use to contact the
appropriate healthcare professionals if they believe they are
developing hyperbaric-related health effects. This requirement provides
for early intervention and treatment of DCI and other health effects
resulting from hyperbaric exposure, thereby reducing the potential
severity of these effects.
[[Page 16445]]
Condition H: Inspections, Tests, and Accident Prevention
Condition H requires the applicant to develop, implement, and
operate a program of frequent and regular inspections of the EPBTBM's
hyperbaric equipment and support systems, and associated work areas.
This condition helps to ensure the safe operation and physical
integrity of the equipment and work areas necessary to conduct
hyperbaric operations. The condition also enhances worker safety by
reducing the risk of hyperbaric-related emergencies.
Paragraph (3) of this condition requires the applicant to document
tests, inspections, corrective actions, and repairs involving the
EPBTBM, and maintain these documents at the job site for the duration
of the job. This requirement provides the applicant with information
needed to schedule tests and inspections to ensure the continued safe
operation of the equipment and systems, and to determine that the
actions taken to correct defects in hyperbaric equipment and systems
were appropriate, prior to returning them to service.
Condition I: Compression and Decompression
This condition requires the applicant to consult with its
designated medical advisor regarding special compression or
decompression procedures appropriate for any un-acclimated CAW. This
provision ensures that the applicant consults with the medical advisor,
and involves the medical advisor in the evaluation, development, and
implementation of compression or decompression protocols appropriate
for any CAW requiring acclimation to the hyperbaric conditions
encountered during EPBTBM operations. Accordingly, CAWs requiring
acclimation have an opportunity to acclimate prior to exposure to these
hyperbaric conditions. OSHA believes this condition will prevent or
reduce adverse reactions among CAWs to the effects of compression or
decompression associated with the intervention work they perform in the
EPBTBM.
Condition J: Recordkeeping
Condition J requires the applicant to maintain records of specific
factors associated with each hyperbaric intervention. The information
gathered and recorded under this provision, in concert with the
information provided under condition K (using the OSHA 301 Incident
Report form to investigate and record hyperbaric recordable injuries as
defined by 29 CFR 1904.4, 1904.7, 1904.8 through 1904.12), enables the
applicant and OSHA to determine the effectiveness of the permanent
variance in preventing DCI and other hyperbaric-related effects.\9\
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\9\ See 29 CFR part 1904 Recording and Reporting Occupational
Injuries and Illnesses (https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631); recordkeeping
forms and instructions (https://www.osha.gov/recordkeeping/RKform300pkg-fillable-enabled.pdf); OSHA Recordkeeping Handbook
(https://www.osha.gov/recordkeeping/handbook/); and updates
to OSHA's recordkeeping rule and Web page ((79 FR 56130); https://www.osha.gov/recordkeeping2014/)).
---------------------------------------------------------------------------
Condition K: Notifications
Under this condition, the applicant is required, within specified
periods to: (1) Notify OSHA of any recordable injuries, illnesses, in-
patient hospitalizations, amputations, loss of an eye, or fatalities
that occur as a result of hyperbaric exposures during EPBTBM
operations; (2) provide OSHA with a copy of the incident investigation
report (using OSHA 301 form) of these events; (3) include on the 301
form information on the hyperbaric conditions associated with the
recordable injury or illness, the root-cause determination, and
preventive and corrective actions identified and implemented; (4)
provide its certification that it informed affected workers of the
incident and the results of the incident investigation; (5) notify the
Office of Technical Programs and Coordination Activities (OTPCA) and
the Baltimore/Washington DC Area Office within 15 working days should
the applicant need to revise its HOM to accommodate changes in its
compressed-air operations that affect its ability to comply with the
conditions of the permanent variance; and (6) provide OTPCA and the
Baltimore/Washington DC Area Office, at the end of the project, with a
report evaluating the effectiveness of the decompression tables.
These notification requirements enable the applicant, its
employees, and OSHA to determine the effectiveness of the permanent
variance in providing the requisite level of safety to the applicant's
workers and, based on this determination, whether to revise or revoke
the conditions of the permanent variance. Timely notification permits
OSHA to take whatever action may be necessary and appropriate to
prevent further injuries and illnesses. Providing notification to
employees informs them of the precautions taken by the applicant to
prevent similar incidents in the future.
This condition also requires the applicant to notify OSHA if it
ceases to do business, has a new address or location for its main
office, or transfers the operations covered by the permanent variance
to a successor company. In addition, the condition specifies that OSHA
must approve the transfer of the permanent variance to a successor
company. These requirements allow OSHA to communicate effectively with
the applicant regarding the status of the permanent variance, and
expedite the Agency's administration and enforcement of the permanent
variance. Stipulating that an applicant must have OSHA's approval to
transfer a variance to a successor company provides assurance that the
successor company has knowledge of, and will comply with, the
conditions specified by the permanent variance, thereby ensuring the
safety of workers involved in performing the operations covered by the
permanent variance.
IV. Comments on the Proposed Variance Application
OSHA received no comments on the proposed variance, including no
comments from State Plans.
V. Decision
After reviewing Traylor JV's proposed variance as described above,
and having received no comment, OSHA determines that:
A. Traylor JV developed, and proposed to implement, effective
alternative measures to the prohibition of using compressed air under
hyperbaric conditions exceeding 50 p.s.i.g. The alternative measures
include use of engineering and administrative controls of the hazards
associated with work performed in compressed-air conditions exceeding
50 p.s.i.g. while engaged in the construction of a subaqueous tunnel
using advanced shielded mechanical-excavation techniques in conjunction
with an EPBTBM. Prior to conducting interventions in the EPBTBM's
pressurized working chamber, the applicant halts tunnel excavation and
prepares the machine and crew to conduct the interventions.
Interventions involve inspection, maintenance, or repair of the
mechanical-excavation components located in the working chamber.
B. Traylor JV developed, and proposed to implement, safe hyperbaric
work procedures, emergency and contingency procedures, and medical
examinations for the Blue Plains Tunneling project's CAWs. The
applicant compiled these standard operating procedures into a project-
specific HOM (Ex. OSHA-2012-0035-0007). The HOM discusses the
[[Page 16446]]
procedures and personnel qualifications for performing work safely
during the compression and decompression phases of interventions. The
HOM also specifies the decompression tables the applicant proposes to
use. Depending on the maximum working pressure and exposure times
during the interventions, the tables provide for decompression using
air, pure oxygen, or a combination of air and oxygen. The decompression
tables also include delays or stops for various time intervals at
different pressure levels during the transition to atmospheric pressure
(i.e., staged decompression). In all cases, a physician certified in
hyperbaric medicine will manage the medical condition of CAWs during
decompression. In addition, a trained and experienced man-lock
attendant, experienced in recognizing decompression sickness or
illnesses and injuries, will be present. Of key importance, a
hyperbaric supervisor (competent person), trained in hyperbaric
operations, procedures, and safety, will directly supervise all
hyperbaric operations to ensure compliance with the procedures
delineated in the project-specific HOM or by the attending physician.
C. Traylor JV developed, and proposed to implement, a training
program to instruct affected workers in the hazards associated with
conducting hyperbaric operations.
D. Traylor JV developed, and proposed to implement, an effective
alternative to the use of automatic controllers that continuously
decrease pressure to achieve decompression in accordance with the
tables specified by the standard. The alternative includes using the
1992 French Decompression Tables for guiding staged decompression to
achieve lower occurrences of DCI, using a trained and competent
attendant for implementing appropriate hyperbaric entry and exit
procedures, and providing a competent hyperbaric supervisor and
attending physician certified in hyperbaric medicine, to oversee all
hyperbaric operations.
E. Traylor JV developed, and proposed to implement, an effective
alternative to the use of the special decompression chamber required by
the standard. EPBTBM technology permits the tunnel's work areas to be
at atmospheric pressure, with only the face of the EPBTBM (i.e., the
working chamber) at elevated pressure during interventions. The
applicant limits interventions conducted in the working chamber to
performing required inspection, maintenance, and repair of the cutting
tools on the face of the EPBTBM. The EPBTBM's man lock and working
chamber provide sufficient space for the maximum crew of three CAWs to
stand up and move around, and safely accommodate decompression times up
to 360 minutes. Therefore, OSHA preliminarily determined that the
EPBTBM's man lock and working chamber function as effectively as the
special decompression chamber required by the standard.
OSHA conducted a review of the scientific literature regarding
decompression to determine whether the alternative decompression method
(i.e., the 1992 French Decompression Tables) Traylor JV proposed
provide a workplace as safe and healthful as that provided by the
standard. Based on this review, OSHA determined that tunneling
operations performed with these tables \10\ resulted in a lower
occurrence of DCI than the decompression tables specified by the
standard.11 12 13
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\10\ In 1992, the French Ministry of Labour replaced the 1974
French Decompression Tables with the 1992 French Decompression
Tables, which differ from OSHA's decompression tables in Appendix A
by using: (1) Staged decompression as opposed to continuous (linear)
decompression; (2) decompression tables based on air or both air and
pure oxygen; and (3) emergency tables when unexpected exposure times
occur (up to 30 minutes above the maximum allowed working time).
\11\ Kindwall, EP (1997). Compressed air tunneling and caisson
work decompression procedures: Development, problems, and solutions.
Undersea and Hyperbaric Medicine, 24(4), pp. 337-345. This article
reported 60 treated cases of DCI among 4,168 exposures between 19
and 31 p.s.i.g. over a 51-week contract period, for a DCI incidence
of 1.44% for the decompression tables specified by the OSHA
standard.
\12\ Sealey, JL (1969). Safe exit from the hyperbaric
environment: Medical experience with pressurized tunnel operations.
Journal of Occupational Medicine, 11(5), pp. 273-275. This article
reported 210 treated cases of DCI among 38,600 hyperbaric exposures
between 13 and 34 p.s.i.g. over a 32-month period, for an incidence
of 0.54% for the decompression tables specified by the Washington
State safety standards for compressed-air work, which are similar to
the tables in the OSHA standard. Moreover, the article reported 51
treated cases of DCI for 3,000 exposures between 30 and 34 p.s.i.g.,
for an incidence of 1.7% for the Washington State tables.
\13\ In 1985, the National Institute for Occupational Safety and
Health (NIOSH) published a report entitled ``Criteria for Interim
Decompression Tables for Caisson and Tunnel Workers''; this report
reviewed studies of DCI and other hyperbaric-related injuries
resulting from use of OSHA's tables. This report is available on
NIOSH's Web site: https://www.cdc.gov/niosh/topics/decompression/default.html.
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The review conducted by OSHA found several research studies
supporting the determination that the 1992 French Decompression Tables
resulted in a lower rate of DCI than the decompression tables specified
by the standard. For example, H. L. Anderson studied the occurrence of
DCI at maximum hyperbaric pressures ranging from 4 p.s.i.g. to 43
p.s.i.g. during construction of the Great Belt Tunnel in Denmark (1992-
1996); \14\ this project used the 1992 French Decompression Tables to
decompress the workers during part of the construction. Anderson
observed 6 DCI cases out of 7,220 decompression events, and reported
that switching to the 1992 French Decompression tables reduced the DCI
incidence to 0.08%. The DCI incidence in the study by H. L. Andersen is
substantially less than the DCI incidence reported for the
decompression tables specified in Appendix A. OSHA found no studies in
which the DCI incidence reported for the 1992 French Decompression
Tables were higher than the DCI incidence reported for the OSHA
decompression tables.\15\ Therefore, OSHA concludes that use of the
1992 French Decompression Tables protects workers at least as
effectively as the OSHA decompression tables.
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\14\ Anderson HL (2002). Decompression sickness during
construction of the Great Belt tunnel, Denmark. Undersea and
Hyperbaric Medicine, 29(3), pp. 172-188.
\15\ Le P[eacute]chon JC, Barre P, Baud JP, Ollivier F
(September 1996). Compressed air work--French Tables 1992--
operational results. JCLP Hyperbarie Paris, Centre Medical
Subaquatique Interentreprise, Marseille: Communication a l'EUBS, pp.
1-5 (see Ex. OSHA-2012-0035-0008).
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Based on a review of available evidence, the experience of State
Plans that either granted variances (Nevada, Oregon and Washington)
\16\ or promulgated a new standard (California) \17\ for hyperbaric
exposures occurring during similar subaqueous tunnel-construction work,
and the information provided in the applicant's variance application,
OSHA is granting the permanent variance.
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\16\ These state variances are available in the docket: Exs.
OSHA-2012-0035-0006 (Nevada), OSHA-2012-0035-0005 (Oregon), and
OSHA-2012-0035-0004 (Washington).
\17\ See California Code of Regulations, Title 8, Subchapter 7,
Group 26, Article 154, available at https://www.dir.ca.gov/title8/sb7g26a154.html.
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Under section 6(d) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655), the Agency finds that when the employer complies
with the conditions of the following order, the working conditions of
the employer's workers are at least as safe and healthful as if the
employer complied with the working conditions specified by paragraphs
(e)(5), (f)(1), (g)(1)(iii), and (g)(1)(xvii) of 29 CFR 1926.803.
Therefore, Traylor JV will: (1) Comply with the conditions listed in
section VI of this notice for the period between the grant of the
interim order and completion of the Blue Plains Tunnel project, but no
later than January 31, 2016; (2) comply fully with
[[Page 16447]]
all other applicable provisions of 29 CFR part 1926; and (3) provide a
copy of this Federal Register notice to all employees affected by the
conditions, including the affected employees of other employers, using
the same means it used to inform these employees of its application for
a permanent variance. Additionally, this final order will remain in
effect until OSHA modifies or revokes it in accordance with 29 CFR
1905.13.
VI. Order
As of the effective date of this final order, OSHA is revoking the
interim order granted to the employer on July 11, 2013, and affirmed on
December 11, 2014 (79 FR 73631). OSHA issues this final order
authorizing Traylor/Skanska/Jay Dee Joint Venture (``Traylor JV'') to
comply with following conditions instead of complying with the
requirements of paragraphs 29 CFR 1926.803(e)(5), (f)(1), (g)(1)(iii),
and (g)(1)(xvii). This final order applies to all employees of Traylor
JV exposed to hyperbaric conditions at the Blue Plains Tunnel project.
These conditions are:
A. Scope
The permanent variance applies only to work:
1. That occurs in conjunction with construction of the Blue Plains
Tunnel project, a tunnel constructed using advanced shielded
mechanical-excavation techniques and involving operation of an EPBTBM;
2. Performed under compressed-air and hyperbaric conditions up to
52 p.s.i.g;
3. In the EPBTBM's forward section (the working chamber) and
associated hyperbaric chambers used to pressurize and decompress
employees entering and exiting the working chamber;
4. Except for the requirements specified by 29 CFR 1926.803(e)(5),
(f)(1), (g)(1)(iii), and (g)(1)(xvii), Traylor JV must comply fully
with all other applicable provisions of 29 CFR part 1926; and
5. This order remains in effect until one of the following
conditions occurs: (1) Completion of the Blue Plains Tunnel project,
but no later than January 31, 2016; or (2) OSHA modifies or revokes
this final order in accordance with 29 CFR 1905.13.
B. Application
The permanent variance applies only when Traylor JV stops the
tunnel-boring work, pressurizes the working chamber, and the CAWs
either enter the working chamber to perform interventions (i.e.,
inspect, maintain, or repair the mechanical-excavation components), or
exit the working chamber after performing interventions.
C. List of Abbreviations
Abbreviations used throughout this permanent variance include the
following:
1. CAW--Compressed-air worker
2. CFR--Code of Federal Regulations
3. DCI--Decompression Illness
4. EPBTBM--Earth Pressure Balanced Tunnel Boring Machine
5. HOM--Hyperbaric Operations and Safety Manual
6. JHA--Job hazard analysis
7. OSHA--Occupational Safety and Health Administration
8. OTPCA--Office of Technical Programs and Coordination Activities
D. Definitions
The following definitions apply to this permanent variance. These
definitions supplement the definitions in Traylor JV's project-specific
HOM.
1. Affected employee or worker--an employee or worker who is
affected by the conditions of this permanent variance, or any one of
his or her authorized representatives. The term ``employee'' has the
meaning defined and used under the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.)
2. Atmospheric pressure--the pressure of air at sea-level,
generally 14.7 p.s.i.a., 1 atmosphere absolute, or 0 p.s.i.g.
3. Compressed-air worker--an individual who is specially trained
and medically qualified to perform work in a pressurized environment
while breathing air at pressures up to 52 p.s.i.g.
4. Competent person--an individual who is capable of identifying
existing and predictable hazards in the surroundings or working
conditions that are unsanitary, hazardous, or dangerous to employees,
and who has authorization to take prompt corrective measures to
eliminate them.\18\
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\18\ Adapted from 29 CFR 1926.32(f).
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5. Decompression illness (also called decompression sickness or the
bends)--an illness caused by gas bubbles appearing in body compartments
due to a reduction in ambient pressure. Examples of symptoms of
decompression illness include (but are not limited to): Joint pain
(also known as the ``bends'' for agonizing pain or the ``niggles'' for
slight pain); areas of bone destruction (termed dysbaric
osteonecrosis); skin disorders (such as cutis marmorata, which causes a
pink marbling of the skin); spinal cord and brain disorders (such as
stroke, paralysis, paresthesia, and bladder dysfunction);
cardiopulmonary disorders, such as shortness of breath; and arterial
gas embolism (gas bubbles in the arteries that block blood flow).\19\
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\19\ See Appendix 10 of ``A Guide to the Work in Compressed Air
Regulations 1996,'' published by the United Kingdom Health and
Safety Executive available from NIOSH at https://www.cdc.gov/niosh/docket/archive/pdfs/NIOSH-254/compReg1996.pdf.
Note: Health effects associated with hyperbaric intervention but
not considered symptoms of DCI can include: Barotrauma (direct
damage to air-containing cavities in the body such as ears, sinuses
and lungs); nitrogen narcosis (reversible alteration in
consciousness that may occur in hyperbaric environments and is
caused by the anesthetic effect of certain gases at high pressure);
and oxygen toxicity (a central nervous system condition resulting
from the harmful effects of breathing molecular oxygen
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(O2) at elevated partial pressures).
6. Earth Pressure Balanced Tunnel Boring Machine--the machinery
used to excavate the tunnel.
7. Hot work--any activity performed in a hazardous location that
may introduce an ignition source into a potentially flammable
atmosphere.\20\
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\20\ Also see 29 CFR 1910.146(b).
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8. Hyperbaric--at a higher pressure than atmospheric pressure.
9. Hyperbaric intervention--a term that describes the process of
stopping the EPBTBM and preparing and executing work under hyperbaric
pressure in the working chamber for the purpose of inspecting,
replacing, or repairing cutting tools and/or the cutter head structure.
10. Hyperbaric Operations Manual--a detailed, project-specific
health and safety plan developed and implemented by Traylor JV for
working in compressed air during the Blue Plains' tunnel project.
11. Job hazard analysis--an evaluation of tasks or operations to
identify potential hazards and to determine the necessary controls.
12. Man lock--an enclosed space capable of pressurization, and used
for compressing or decompressing any employee or material when either
is passing into or out of a working chamber.
13. Pressure--a force acting on a unit area. Usually expressed as
pounds per square inch (p.s.i.).
14. p.s.i.--pounds per square inch, a common unit of measurement of
pressure; a pressure given in p.s.i. corresponds to absolute pressure.
15. p.s.i.a.--pounds per square inch absolute, or absolute
pressure, is the sum of the atmospheric pressure and gauge pressure. At
sea-level, atmospheric pressure is approximately 14.7 p.s.i. Adding
14.7 to a pressure
[[Page 16448]]
expressed in units of p.s.i.g. will yield the absolute pressure,
expressed as p.s.i.a.
16. p.s.i.g.--pounds per square inch gauge, a common unit of
pressure; pressure expressed as p.s.i.g. corresponds to pressure
relative to atmospheric pressure. At sea-level, atmospheric pressure is
approximately 14.7 p.s.i. Subtracting 14.7 from a pressure expressed in
units of p.s.i.a. yields the gauge pressure, expressed as p.s.i.g.
17. Qualified person--an individual who, by possession of a
recognized degree, certificate, or professional standing, or who, by
extensive knowledge, training, and experience, successfully
demonstrates an ability to solve or resolve problems relating to the
subject matter, the work, or the project.\21\
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\21\ Adapted from 29 CFR 1926.32(m).
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18. Working chamber--an enclosed space in the EPBTBM in which CAWs
perform interventions, and which is accessible only through a man lock.
E. Safety and Health Practices
1. Traylor JV must develop and implement an HOM specific to the
Blue Plains project, and submit the HOM to OSHA at least six months
before using the EPBTBM. Traylor JV must receive a written
acknowledgement from OSHA regarding the acceptability of the HOM.\22\
The HOM shall provide the governing safety and health requirements
regarding hyperbaric exposures during the tunnel-construction project.
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\22\ See footnote 8.
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2. Traylor JV must implement the safety and health instructions
included in the manufacturer's operations manuals for the EPBTBM, and
the safety and health instructions provided by the manufacturer for the
operation of decompression equipment.
3. Traylor JV must use air as the only breathing gas in the working
chamber.
4. Traylor JV must use the 1992 French Decompression Tables for
air, air-oxygen, and oxygen decompression specified in the HOM,
specifically the extracted portions of the 1992 French Decompression
tables titled ``French Regulation Air Standard Tables.''
5. Traylor JV must equip man-locks used by its employees with an
oxygen-delivery system as specified by the HOM. Traylor JV must not
store oxygen or other compressed gases used in conjunction with
hyperbaric work in the tunnel.
6. Workers performing hot work under hyperbaric conditions must use
flame-retardant personal protective equipment and clothing.
7. In hyperbaric work areas, Traylor JV must maintain an adequate
fire-suppression system approved for hyperbaric work areas.
8. Traylor JV must develop and implement one or more JHAs for work
in the hyperbaric work areas, and review, periodically and as necessary
(e.g., after making changes to a planned intervention that affects its
operation), the contents of the JHAs with affected employees. The JHAs
must include all the job functions that the risk assessment \23\
indicates are essential to prevent injury or illness.
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\23\ See ANSI/AIHA Z10-2012, American National Standard for
Occupational Health and Safety Management Systems, for reference.
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9. Traylor JV must develop a set of checklists to guide compressed-
air work and ensure that employees follow the procedures required by
this permanent variance (including all procedures required by the HOM,
which this variance incorporates by reference). The checklists must
include all steps and equipment functions that the risk assessment
indicates are essential to prevent injury or illness during compressed-
air work.
10. Traylor JV must ensure that the safety and health provisions of
the HOM adequately protect the workers of all contractors and
subcontractors involved in hyperbaric operations.\24\
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\24\ See ANSI/ASSE A10.33-2011, American National Standard for
Construction and Demolition Operations--Safety and Health Program
Requirements for Multi-Employer Projects, for reference.
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F. Communication
1. Prior to beginning a shift, Traylor JV must implement a system
that informs workers exposed to hyperbaric conditions of any hazardous
occurrences or conditions that might affect their safety, including
hyperbaric incidents, gas releases, equipment failures, earth or rock
slides, cave-ins, flooding, fires, or explosions.
2. Traylor JV must provide a power-assisted means of communication
among affected workers and support personnel in hyperbaric conditions
where unassisted voice communication is inadequate.
(a) Traylor JV must use an independent power supply for powered
communication systems, and these systems must operate such that use or
disruption of any one phone or signal location will not disrupt the
operation of the system from any other location.
(b) Traylor JV must test communication systems at the start of each
shift and as necessary thereafter to ensure proper operation.
G. Worker Qualifications and Training
Traylor JV must:
1. Ensure that each affected worker receives effective training on
how to safely enter, work in, exit from, and undertake emergency
evacuation or rescue from, hyperbaric conditions, and document this
training.
2. Provide effective instruction, before beginning hyperbaric
operations, to each worker who performs work, or controls the exposure
of others, in hyperbaric conditions, and document this instruction. The
instruction must include topics such as:
(a) The physics and physiology of hyperbaric work;
(b) Recognition of pressure-related injuries;
(c) Information on the causes and recognition of the signs and
symptoms associated with decompression illness, and other hyperbaric
intervention-related health effects (e.g., barotrauma, nitrogen
narcosis, and oxygen toxicity).
(d) How to avoid discomfort during compression and decompression;
and
(e) Information the workers can use to contact the appropriate
healthcare professionals should the workers have concerns that they may
be experiencing adverse health effects from hyperbaric exposure.
3. Repeat the instruction specified in paragraph (2) of this
condition periodically and as necessary (e.g., after making changes to
its hyperbaric operations).
4. When conducting training for its hyperbaric workers make this
training available to OSHA personnel and notify the OTPCA at OSHA's
national office and OSHA's Baltimore/Washington DC Area Office before
the training takes place.
H. Inspections, Tests, and Accident Prevention
1. Traylor JV must initiate and maintain a program of frequent and
regular inspections of the EPBTBM's hyperbaric equipment and support
systems (such as temperature control, illumination, ventilation, and
fire-prevention and fire-suppression systems), and hyperbaric work
areas, as required under 29 CFR 1926.20(b)(2) by:
(a) Developing a set of checklists to be used by a competent person
in conducting weekly inspections of hyperbaric equipment and work
areas; and
(b) Ensuring that a competent person conducts daily visual checks
and weekly inspections of the EPBTBM.
2. If the competent person determines that the equipment
constitutes a safety hazard, Traylor JV must remove the
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equipment from service until it corrects the hazardous condition and
has the correction approved by a qualified person.
3. Traylor JV must maintain records of all tests and inspections of
the EPBTBM, as well as associated corrective actions and repairs, at
the job site for the duration of the job.
I. Compression and Decompression
Traylor JV must consult with its attending physician concerning the
need for special compression or decompression exposures appropriate for
CAWs not acclimated to hyperbaric exposure.
J. Recordkeeping
Traylor JV must maintain a record of any recordable injury,
illness, or fatality (as defined by 29 CFR part 1904 Recording and
Reporting Occupational Injuries and Illnesses), resulting from exposure
of an employee to hyperbaric conditions by completing the OSHA 301
Incident Report form and OSHA 300 Log of Work Related Injuries and
Illnesses.
Note: Examples of important information to include on the OSHA
301 Incident Report form (along with the corresponding question on
the form) are: The task performed (Question (Q) 14); an estimate of
the CAW's workload (Q 14); the composition of the gas mixture (e.g.,
air or oxygen (Q 14)); the maximum working pressure (Q 14);
temperature in the work and decompression environments (Q 14);
unusual occurrences, if any, during the task or decompression (Q
14); time of symptom onset (Q 15); duration between decompression
and onset of symptoms (Q 15); type and duration of symptoms (Q 16);
a medical summary of the illness or injury (Q 16); duration of the
hyperbaric intervention (Q 17); possible contributing factors (Q
17); the number of prior interventions completed by the injured or
ill CAW (Q 17); the number of prior interventions completed by the
injured or ill CAW at this working pressure (Q 17); contact
information for the treating healthcare provider (Q 17); and date
and time of last hyperbaric exposure for this CAW.
In addition to completing the OSHA 301 Incident Report form and
OSHA 300 Log of Work Related Injuries and Illnesses, Traylor JV must
maintain records of:
1. The date, times (e.g., began compression, time spent
compressing, time performing intervention, time spent decompressing),
and pressure for each hyperbaric intervention.
2. The name of each individual worker exposed to hyperbaric
pressure and the decompression protocols and results for each worker.
3. The total number of interventions and the amount of hyperbaric
work time at each pressure.
4. The results of the post-intervention physical assessment of each
CAW for signs and symptoms of decompression illness, barotrauma,
nitrogen narcosis, oxygen toxicity or other health effects associated
with work in compressed air for each hyperbaric intervention.
K. Notifications
1. To assist OSHA in administering the conditions specified herein,
Traylor JV must:
(a) Notify the OTPCA and the Baltimore/Washington DC Area Office of
any recordable injuries, illnesses, in-patient hospitalizations,
amputations, loss of an eye, or fatality (by submitting the completed
OSHA 301 Incident Report form \25\) resulting from exposure of an
employee to hyperbaric conditions including those that do not require
recompression treatment (e.g., nitrogen narcosis, oxygen toxicity,
barotrauma), but still meet the recordable injury or illness criteria
of 29 CFR part 1904. The notification must be made within 8 hours of
the incident or 8 hours after becoming aware of a recordable injury,
illness, in-patient hospitalizations, amputations, loss of an eye, or
fatality, and submit a copy of the incident investigation (OSHA form
301) within 24 hours of the incident or 24 hours after becoming aware
of a recordable case. In addition to the information required by the
OSHA form 301, the incident-investigation report must include a root-
cause determination, and the preventive and corrective actions
identified and implemented.
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\25\ See footnote 9.
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(b) Provide certification within 15 working days of the incident
that Traylor JV informed affected workers of the incident and the
results of the incident investigation (including the root-cause
determination and preventive and corrective actions identified and
implemented).
(c) Notify the OTPCA and the Baltimore/Washington DC Area Office
within 15 working days and in writing, of any change in the compressed-
air operations that affects Traylor JV's ability to comply with the
conditions specified herein.
(d) Upon completion of the Blue Plains Tunnel project, evaluate the
effectiveness of the decompression tables used throughout the project,
and provide a written report of this evaluation to the OTPCA and the
Baltimore/Washington DC Area Office.
Note: The evaluation report must contain summaries of: (1) The
number, dates, durations, and pressures of the hyperbaric
interventions completed; (2) decompression protocols implemented
(including composition of gas mixtures (air and/or oxygen), and the
results achieved; (3) the total number of interventions and the
number of hyperbaric incidents (decompression illnesses and/or
health effects associated with hyperbaric interventions as recorded
on OSHA 301 and 300 forms, and relevant medical diagnoses and
treating physicians' opinions); and (4) root causes of any
hyperbaric incidents, and preventive and corrective actions
identified and implemented.
(e) To assist OSHA in administering the conditions specified
herein, inform the OTPCA and the Baltimore/Washington DC Area Office as
soon as possible after it has knowledge that it will:
(i) Cease to do business;
(ii) Change the location and address of the main office for
managing the tunneling operations specified herein; or
(iii) Transfer the operations specified herein to a successor
company.
(f) Notify all affected employees of this permanent variance by the
same means required to inform them of its application for a variance.
2. OSHA must approve the transfer of the permanent variance to a
successor company.
Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to Section
29 U.S.C. 655(6)(d), Secretary of Labor's Order No. 1-2012 (77 FR
3912, Jan. 25, 2012), and 29 CFR 1905.11.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-06975 Filed 3-26-15; 8:45 am]
BILLING CODE 4510-26-P