Permit-Required Confined Spaces; Extension of the Office of Management and Budget's (OMB) Approval of Collection of Information (Paperwork) Requirements, 23297-23300 [2015-09698]
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23297
Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Notices
APPENDIX—Continued
[16 TAA petitions instituted between 3/23/15 and 3/27/15]
Subject firm
(Petitioners)
Location
Minntac (State/One-Stop) ........................................................
American Cotton Growers LLC (State/One-Stop) ...................
Siemens Energy Inc. (Union) ...................................................
Smiths Connectors (State/One-Stop) ......................................
Fort Dearborn Company (Company) .......................................
United States Steel—Granite City Works (State/One-Stop) ....
Surgical Specialties of Puerto Rico (State/One-Stop) .............
Verizon Communications Inc. (Workers) .................................
Maverick Tube Corporation b/b/a Tenaris Texas Arai (State/
One-Stop).
Hampton Products International Corporation (Workers) .........
Finisar Corporation (Company) ................................................
Mt. Iron, MN ............................
Littlefield, TX ...........................
Mount Vernon, OH ..................
Costa Mesa & Irvine, CA ........
Bowling Green, KY .................
Granite City, IL ........................
Aguadilla, PR ..........................
Richardson, TX .......................
Houston, TX ............................
03/24/15
03/24/15
03/25/15
03/25/15
03/26/15
03/26/15
03/26/15
03/26/15
03/26/15
03/23/15
03/23/15
03/19/15
03/24/15
03/25/15
03/25/15
03/25/15
03/25/15
03/25/15
Shell Lake, WI ........................
Horsham, PA ..........................
03/26/15
03/27/15
03/16/15
03/26/15
TA–W
85896
85897
85898
85899
85900
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85902
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85906 ...........
[FR Doc. 2015–09651 Filed 4–24–15; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–85,808]
Rmajette on DSK2VPTVN1PROD with NOTICES
Jones Apparel US LLC, Lawrenceburg,
Tennessee; Notice of Negative
Determination Regarding Application
for Reconsideration
By application dated March 10, 2015,
workers requested administrative
reconsideration of the Department of
Labor’s negative determination
regarding eligibility to apply for worker
adjustment assistance, applicable to
workers and former workers of Jones
Apparel US LLC, Lawrenceburg,
Tennessee. The denial notice was
signed on February 12, 2015, and the
Notice of Determination was published
in the Federal Register on March 18,
2015 (80 FR 14166).
Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts
not previously considered that the
determination complained of was
erroneous;
(2) If it appears that the determination
complained of was based on a mistake
in the determination of facts not
previously considered; or
(3) If in the opinion of the Certifying
Officer, a misinterpretation of facts or of
the law justified reconsideration of the
decision.
The negative determination of the
TAA petition filed on behalf of workers
at Jones Apparel US LLC,
Lawrenceburg, Tennessee was based on
the firm not producing an article within
the meaning of Section 222(a) or Section
222(b) of the Act. In order to be
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14:41 Apr 24, 2015
Jkt 235001
considered eligible to apply for
adjustment assistance under Section 223
of the Trade Act of 1974, the worker
group seeking certification (or on whose
behalf certification is being sought)
must work for a ‘‘firm’’ or appropriate
subdivision that produces an article.
The definition of a firm includes an
individual proprietorship, partnership,
joint venture, association, corporation
(including a development corporation),
business trust, cooperative, trustee in
bankruptcy, and receiver under decree
of any court.
In the request for reconsideration the
petitioner, the petitioner did not supply
facts not previously considered; nor
provide additional documentation
indicating that there was either (1) a
mistake in the determination of facts not
previously considered or (2) a
misinterpretation of facts or of the law
justifying reconsideration of the initial
determination. Based on these findings,
the Department determines that 29 CFR
90.18(c) has not been met.
The original investigation confirmed
that the workers’ firm did not produce
an article. Rather, the workers’ firm
supplied services related to the supply
of warehousing, distribution, quality
control, and retail services. The
investigation confirmed that production
of the firm’s apparel product lines
occurs outside of the United States.
Conclusion
After careful review of the application
and investigative findings, I conclude
that there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
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Date of
institution
Date of
petition
Signed in Washington, DC, this 14th day of
April, 2015.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2015–09659 Filed 4–24–15; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0858]
Permit-Required Confined Spaces;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Collection of Information (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning its proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
collection of information requirements
contained in the Standard on PermitRequired Confined Spaces (29 CFR
1910.146).
DATES: Comments must be submitted
(postmarked, sent, or received) by June
26, 2015.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
SUMMARY:
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23298
Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Notices
using this method, you must submit
your comments and attachments to the
OSHA Docket Office, Docket No.
OSHA–2011–0858, Occupational Safety
and Health Administration, U.S.
Department of Labor, Room N–2625,
200 Constitution Avenue NW.,
Washington, DC 20210. Deliveries
(hand, express mail, messenger, and
courier service) are accepted during the
Department of Labor’s and Docket
Office’s normal business hours, 8:15
a.m. to 4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and the OSHA
docket number (OSHA–2011–0858) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at https://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download from the Web site. All
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You also may contact Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Todd Owen,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:
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I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing collection of
information requirements in accord
with the Paperwork Reduction Act of
1995 (PRA–95) (44 U.S.C.
3506(c)(2)(A)). This program ensures
that information is in the desired
format, reporting burden (time and
costs) is minimal, collection
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instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the OSH
Act or for developing information
regarding the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The purpose of the collection of
information requirements specified in
the Permit-Required Confined Spaces
Standard is to ensure that employers
systematically evaluate the dangers in
permit spaces before entry is attempted,
and to ensure that adequate measures
are taken to make the spaces safe for
entry. Section 1910.146(c)(2) requires
the employer to post danger signs to
inform exposed employees of the
existence and location of, and the
dangers posed by, permit spaces.
Section 1910.146(c)(4) requires the
employer to develop and implement a
written ‘‘permit-space program’’ when
the employer decides that its employees
will enter permit spaces. The written
program is to be made available for
inspection by employees and their
authorized representatives. Section
1910.146(d) provides the employer with
the requirements of a permit-required
confined space program.
Section 1910.146(c)(5)(i)(E) requires
that the determinations and supporting
data specified by paragraphs (c)(5)(i)(A),
(c)(5)(i)(B), and (c)(5)(i)(C) of this
section are documented by the employer
and are made available to each
employee who enters a permit space or
to that employee’s authorized
representative.
Under paragraph (c)(5)(ii)(H) of
§ 1910.146, the employer is required to
verify that the space is safe for entry and
that the pre-entry measures required by
paragraph (c)(5)(ii) of this section have
been taken, using a written certification
that contains the date, the location of
the space, and the signature of the
person providing the certification. The
certification is to be made before entry
and is required to be made available to
each employee entering the space or to
that employee’s authorized
representative.
Section 1910.146(c)(7)(iii) requires the
employer to document the basis for
determining that all hazards in a permit
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space have been eliminated using a
certification that contains the date, the
location of the space, and the signature
of the person making the determination.
The certification is to be made available
to each employee entering the space or
to that employee’s authorized
representative.
Section 1910.146(c)(8)(i) requires that
the employer inform the contractor that
the workplace contains permit spaces
and that permit space entry is allowed
only through compliance with a permit
space program meeting the requirements
of this section. Section 1910.146(c)(8)(ii)
requires that the employer apprise the
contractor of the elements, including the
hazards identified and the host
employer’s experience with the space,
that make the space in question a permit
space. Section 1910.146(c)(8)(iii)
requires that the employer apprise the
contractor of any precautions or
procedures that the host employer has
implemented for the protection of
employees in or near permit spaces
where contractor personnel will be
working. Section 1910.146(c)(8)(v)
requires the employer to debrief the
contractor at the conclusion of the entry
operations regarding the permit space
program followed and regarding any
hazards confronted or created in permit
spaces during entry operations.
Section 1910.146(c)(9)(iii) requires
that the contractor inform the host
employer of the permit space program
that the contractor will follow and of
any hazards confronted or created in
permit spaces, either through a
debriefing or during the entry operation.
Section 1910.146(d)(5)(vi) requires the
employer to immediately provide each
authorized entrant or that employee’s
authorized representative with the
results of any testing conducted in
accord with paragraph (d) of the
Standard.
Section 1910.146(d)(14) requires
employers to review the permit space
program, using the canceled permits
retained under paragraph (e)(6) within 1
year after each entry and revise the
program as necessary, to ensure that
employees participating in entry
operations are protected from permit
space hazards.
Section 1910.146(e)(1) requires the
employer to document the completion
of measures required by paragraph (d)(3)
by preparing an entry permit before
employee entry is authorized. Paragraph
(f) of § 1910.146 specifies the
information to be included on the entry
permit. Paragraph (e)(3) requires that the
employer make the completed permit
available at the time of entry to all
authorized entrants by posting the
permit at the entry portal or by any
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other equally effective means, so that
the entrants can confirm that pre-entry
preparations have been completed.
Paragraph (e)(6) requires the employer
to retain each canceled entry permit for
at least one year; any problems
encountered during an entry operation
must be noted on the pertinent permit
so that revisions to the permit space
program can be made.
Section 1910.146(g)(4) requires that
the employer certify that the training
required by paragraphs (g)(1) through
(g)(3) has been accomplished by
preparing a written certification record.
Section 1910.146(h)(3) requires the
employer to ensure that all authorized
entrants communicate with the
attendant as necessary to enable the
attendant to monitor entrant status and
to enable the attendant to alert entrants
of the need to evacuate the space as
required by paragraph (l)(6) of the
Standard. Section 1910.146(h)(4)
requires the employer to ensure that all
authorized entrants alert the attendant
whenever the entrant recognizes any
warning sign or symptom of exposure to
a dangerous situation (paragraph
((h)(4)(i)), or the entrant detects a
prohibited condition (paragraph
(h)(4)(ii)).
Section 1910.146(i)(5) requires the
employer to ensure that each attendant
communicate with authorized entrants
as necessary to monitor entrant status
and to alert entrants of the need to
evacuate the space under the conditions
specified in paragraphs (i)(6)(i)–(i)(6)(iv)
of the Standard. Section 1910.146(i)(7)
requires the employer to ensure that the
attendant summon rescue and other
emergency services as soon as the
attendant determines that authorized
entrants may need assistance to escape
from permit space hazards. Section
1910.146(i)(8) requires that the
employer ensure that the attendant warn
unauthorized persons that they must
stay away from the permit space
(paragraph (i)(8)(i)); advise
unauthorized persons that they must
exit immediately if they have entered
the permit space (paragraph (i)(8)(ii));
and inform authorized entrants and the
entry supervisor if unauthorized
persons have entered the permit space
(paragraph (i)(8)(iii)).
Section 1910.146(j)(2) requires the
employer to ensure that each entry
supervisor verifies, by checking that the
appropriate entries have been made on
the permit, that all tests specified by the
permit have been conducted and that all
procedures and equipment specified by
the permit are in place before endorsing
the permit and allowing entry to begin.
Section 1910.146(k)(1)(i) requires the
employer to evaluate a prospective
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rescuer’s ability to respond to a rescue
summons in a timely manner,
considering the hazard(s) identified;
Section 1910.146(k)(1)(ii) requires the
employer to evaluate a prospective
rescue service’s ability, in terms of
proficiency with rescue-related tasks
and equipment, to function
appropriately while rescuing entrants
from the particular permit space or
types of permit spaces identified.
Section 1910.146(k)(1)(iv) requires that
the employer inform each rescue team
or service of the hazards they may
confront when called on to perform
rescue at the site. Section
1910.146(k)(1)(v) requires that the
employer provide the rescue team or
service selected with access to all
permit spaces from which rescue may
be necessary so that the rescue service
can develop appropriate rescue plans.
Section 1910.146(k)(4) requires that if
an injured entrant is exposed to a
substance for which a ‘‘Material Safety
Data Sheet’’ (MSDS) [now referred to as
an SDS (Safety Data Sheet)] or other
similar written information is required
to be kept at the worksite, that the
employer make the MSDS or written
information available to the medical
facility treating the exposed entrant.
Section 1910.146(l)(1) requires that
employers consult with affected
employees and their authorized
representatives on the development and
implementation of all aspects of the
permit space program required by
paragraph (c). Section 1910.146(l)(2)
requires that employers make all
information required to be developed by
this section available to affected
employees and their authorized
representatives.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed collection of
information requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
collection of information requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
The Agency is requesting an
adjustment increase of 78,602 burden
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23299
hours (from 1,433,443 to 1,512,045
burden hours). The Agency’s estimates,
based on updated data, that the number
of establishments and workers affected
by the Standard have decreased;
however, this reduction is partially offset by the inclusion of burden hours and
costs associated with the newlyidentified collection of information
requirement related to annual review of
the written permit space entry program
and cancelled permits.
Type of Review: Extension of a
currently approved collection.
Title: Permit-Required Confined
Spaces (29 CFR 1910.146).
OMB Number: 1218–0203.
Affected Public: Business or other forprofits.
Number of Respondents: 1,303,846.
Frequency of Response: On occasion.
Total Responses: 7,977,651.
Average Time per Response: Varies
from one minute (.02 hour) to maintain
a certificate to 16 hours to develop a
written permit-space entry program.
Estimated Total Burden Hours:
1,512,045.
Estimated Cost (Operation and
Maintenance): $0.
IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile; or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for this
ICR (Docket No. OSHA–2011–0858).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350, (TTY (877) 889–
5627).
Comments and submissions are
posted without change at https://
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www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as their
social security number and date of birth.
Although all submissions are listed in
the https://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the https://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available from the Web site, and for
assistance in using the Internet to locate
docket submissions.
V. Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health,
directed the preparation of this notice.
The authority for this notice is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).
Signed at Washington, DC, on April 22,
2015.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2015–09698 Filed 4–24–15; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2009–0014]
Hazard Communication Standard;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning its proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Hazard Communication
Standard (29 CFR 1910.1200; 1915.1200;
1917.28; 1918.90; 1926.59; and
1928.21).
Rmajette on DSK2VPTVN1PROD with NOTICES
SUMMARY:
Comments must be submitted
(postmarked, sent, or received) by June
26, 2015.
DATES:
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Jkt 235001
ADDRESSES:
I. Background
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit
your comments and attachments to the
OSHA Docket Office, Docket No.
OSHA–2009–0014, Occupational Safety
and Health Administration, U.S.
Department of Labor, Room N–2625,
200 Constitution Avenue NW.,
Washington, DC 20210. Deliveries
(hand, express mail, messenger, and
courier service) are accepted during the
Department of Labor’s and Docket
Office’s normal business hours, 8:15
a.m. to 4:45 p.m., e.t.
Instructions: All submissions must
include the Agency name and the OSHA
docket number (OSHA–2009–0014) for
the Information Collection Request
(ICR). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at https://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download from the Web site. All
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You also may contact Theda Kenney at
the address below to obtain a copy of
the ICR.
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accord with the
Paperwork Reduction Act of 1995
(PRA–95) (44 U.S.C. 3506(c)(2)(A)). This
program ensures that information is in
the desired format, reporting burden
(time and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the OSH
Act or for developing information
regarding the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The information collection
requirements in the Hazard
Communication Standard ensure that
the hazards of chemicals produced or
imported are evaluated, and that
information concerning these hazards is
transmitted to downstream employers
and their workers. The Hazard
Communication Standard requires
chemical manufacturers and importers
to evaluate chemicals they produce or
import to determine if they are
hazardous; for those chemicals
determined to be hazardous, they must
develop safety data sheets and warning
labels. Employers are required to
establish hazard communication
programs to transmit information on the
hazards of chemicals to their workers by
means of labels on containers, safety
data sheets, and training programs.
Implementation of these collection of
information requirements will ensure
that workers understand the hazards
and identities of the chemicals to which
they are exposed; thereby, reducing the
incidence of chemically-related
occupational illnesses and injuries.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Todd Owen,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:
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II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
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]]>Agencies
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23297-23300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09698]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0858]
Permit-Required Confined Spaces; Extension of the Office of
Management and Budget's (OMB) Approval of Collection of Information
(Paperwork) Requirements
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
collection of information requirements contained in the Standard on
Permit-Required Confined Spaces (29 CFR 1910.146).
DATES: Comments must be submitted (postmarked, sent, or received) by
June 26, 2015.
ADDRESSES:
Electronically: You may submit comments and attachments
electronically at https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
Mail, hand delivery, express mail, messenger, or courier service:
When
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using this method, you must submit your comments and attachments to the
OSHA Docket Office, Docket No. OSHA-2011-0858, Occupational Safety and
Health Administration, U.S. Department of Labor, Room N-2625, 200
Constitution Avenue NW., Washington, DC 20210. Deliveries (hand,
express mail, messenger, and courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m. to 4:45 p.m., e.t.
Instructions: All submissions must include the Agency name and the
OSHA docket number (OSHA-2011-0858) for the Information Collection
Request (ICR). All comments, including any personal information you
provide, are placed in the public docket without change, and may be
made available online at https://www.regulations.gov. For further
information on submitting comments see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download from the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You also may contact Theda Kenney at
the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing collection of
information requirements in accord with the Paperwork Reduction Act of
1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The purpose of the collection of information requirements specified
in the Permit-Required Confined Spaces Standard is to ensure that
employers systematically evaluate the dangers in permit spaces before
entry is attempted, and to ensure that adequate measures are taken to
make the spaces safe for entry. Section 1910.146(c)(2) requires the
employer to post danger signs to inform exposed employees of the
existence and location of, and the dangers posed by, permit spaces.
Section 1910.146(c)(4) requires the employer to develop and
implement a written ``permit-space program'' when the employer decides
that its employees will enter permit spaces. The written program is to
be made available for inspection by employees and their authorized
representatives. Section 1910.146(d) provides the employer with the
requirements of a permit-required confined space program.
Section 1910.146(c)(5)(i)(E) requires that the determinations and
supporting data specified by paragraphs (c)(5)(i)(A), (c)(5)(i)(B), and
(c)(5)(i)(C) of this section are documented by the employer and are
made available to each employee who enters a permit space or to that
employee's authorized representative.
Under paragraph (c)(5)(ii)(H) of Sec. 1910.146, the employer is
required to verify that the space is safe for entry and that the pre-
entry measures required by paragraph (c)(5)(ii) of this section have
been taken, using a written certification that contains the date, the
location of the space, and the signature of the person providing the
certification. The certification is to be made before entry and is
required to be made available to each employee entering the space or to
that employee's authorized representative.
Section 1910.146(c)(7)(iii) requires the employer to document the
basis for determining that all hazards in a permit space have been
eliminated using a certification that contains the date, the location
of the space, and the signature of the person making the determination.
The certification is to be made available to each employee entering the
space or to that employee's authorized representative.
Section 1910.146(c)(8)(i) requires that the employer inform the
contractor that the workplace contains permit spaces and that permit
space entry is allowed only through compliance with a permit space
program meeting the requirements of this section. Section
1910.146(c)(8)(ii) requires that the employer apprise the contractor of
the elements, including the hazards identified and the host employer's
experience with the space, that make the space in question a permit
space. Section 1910.146(c)(8)(iii) requires that the employer apprise
the contractor of any precautions or procedures that the host employer
has implemented for the protection of employees in or near permit
spaces where contractor personnel will be working. Section
1910.146(c)(8)(v) requires the employer to debrief the contractor at
the conclusion of the entry operations regarding the permit space
program followed and regarding any hazards confronted or created in
permit spaces during entry operations.
Section 1910.146(c)(9)(iii) requires that the contractor inform the
host employer of the permit space program that the contractor will
follow and of any hazards confronted or created in permit spaces,
either through a debriefing or during the entry operation.
Section 1910.146(d)(5)(vi) requires the employer to immediately
provide each authorized entrant or that employee's authorized
representative with the results of any testing conducted in accord with
paragraph (d) of the Standard.
Section 1910.146(d)(14) requires employers to review the permit
space program, using the canceled permits retained under paragraph
(e)(6) within 1 year after each entry and revise the program as
necessary, to ensure that employees participating in entry operations
are protected from permit space hazards.
Section 1910.146(e)(1) requires the employer to document the
completion of measures required by paragraph (d)(3) by preparing an
entry permit before employee entry is authorized. Paragraph (f) of
Sec. 1910.146 specifies the information to be included on the entry
permit. Paragraph (e)(3) requires that the employer make the completed
permit available at the time of entry to all authorized entrants by
posting the permit at the entry portal or by any
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other equally effective means, so that the entrants can confirm that
pre-entry preparations have been completed. Paragraph (e)(6) requires
the employer to retain each canceled entry permit for at least one
year; any problems encountered during an entry operation must be noted
on the pertinent permit so that revisions to the permit space program
can be made.
Section 1910.146(g)(4) requires that the employer certify that the
training required by paragraphs (g)(1) through (g)(3) has been
accomplished by preparing a written certification record.
Section 1910.146(h)(3) requires the employer to ensure that all
authorized entrants communicate with the attendant as necessary to
enable the attendant to monitor entrant status and to enable the
attendant to alert entrants of the need to evacuate the space as
required by paragraph (l)(6) of the Standard. Section 1910.146(h)(4)
requires the employer to ensure that all authorized entrants alert the
attendant whenever the entrant recognizes any warning sign or symptom
of exposure to a dangerous situation (paragraph ((h)(4)(i)), or the
entrant detects a prohibited condition (paragraph (h)(4)(ii)).
Section 1910.146(i)(5) requires the employer to ensure that each
attendant communicate with authorized entrants as necessary to monitor
entrant status and to alert entrants of the need to evacuate the space
under the conditions specified in paragraphs (i)(6)(i)-(i)(6)(iv) of
the Standard. Section 1910.146(i)(7) requires the employer to ensure
that the attendant summon rescue and other emergency services as soon
as the attendant determines that authorized entrants may need
assistance to escape from permit space hazards. Section 1910.146(i)(8)
requires that the employer ensure that the attendant warn unauthorized
persons that they must stay away from the permit space (paragraph
(i)(8)(i)); advise unauthorized persons that they must exit immediately
if they have entered the permit space (paragraph (i)(8)(ii)); and
inform authorized entrants and the entry supervisor if unauthorized
persons have entered the permit space (paragraph (i)(8)(iii)).
Section 1910.146(j)(2) requires the employer to ensure that each
entry supervisor verifies, by checking that the appropriate entries
have been made on the permit, that all tests specified by the permit
have been conducted and that all procedures and equipment specified by
the permit are in place before endorsing the permit and allowing entry
to begin.
Section 1910.146(k)(1)(i) requires the employer to evaluate a
prospective rescuer's ability to respond to a rescue summons in a
timely manner, considering the hazard(s) identified; Section
1910.146(k)(1)(ii) requires the employer to evaluate a prospective
rescue service's ability, in terms of proficiency with rescue-related
tasks and equipment, to function appropriately while rescuing entrants
from the particular permit space or types of permit spaces identified.
Section 1910.146(k)(1)(iv) requires that the employer inform each
rescue team or service of the hazards they may confront when called on
to perform rescue at the site. Section 1910.146(k)(1)(v) requires that
the employer provide the rescue team or service selected with access to
all permit spaces from which rescue may be necessary so that the rescue
service can develop appropriate rescue plans.
Section 1910.146(k)(4) requires that if an injured entrant is
exposed to a substance for which a ``Material Safety Data Sheet''
(MSDS) [now referred to as an SDS (Safety Data Sheet)] or other similar
written information is required to be kept at the worksite, that the
employer make the MSDS or written information available to the medical
facility treating the exposed entrant.
Section 1910.146(l)(1) requires that employers consult with
affected employees and their authorized representatives on the
development and implementation of all aspects of the permit space
program required by paragraph (c). Section 1910.146(l)(2) requires that
employers make all information required to be developed by this section
available to affected employees and their authorized representatives.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed collection of information
requirements are necessary for the proper performance of the Agency's
functions, including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the collection of information requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
collected; and
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
The Agency is requesting an adjustment increase of 78,602 burden
hours (from 1,433,443 to 1,512,045 burden hours). The Agency's
estimates, based on updated data, that the number of establishments and
workers affected by the Standard have decreased; however, this
reduction is partially off-set by the inclusion of burden hours and
costs associated with the newly-identified collection of information
requirement related to annual review of the written permit space entry
program and cancelled permits.
Type of Review: Extension of a currently approved collection.
Title: Permit-Required Confined Spaces (29 CFR 1910.146).
OMB Number: 1218-0203.
Affected Public: Business or other for-profits.
Number of Respondents: 1,303,846.
Frequency of Response: On occasion.
Total Responses: 7,977,651.
Average Time per Response: Varies from one minute (.02 hour) to
maintain a certificate to 16 hours to develop a written permit-space
entry program.
Estimated Total Burden Hours: 1,512,045.
Estimated Cost (Operation and Maintenance): $0.
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) Electronically at https://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile; or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for this ICR (Docket No. OSHA-2011-0858).
You may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627).
Comments and submissions are posted without change at https://
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www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as their social security number
and date of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this Web
site. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the https://www.regulations.gov Web site to submit comments and
access the docket is available at the Web site's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available from the Web site, and for assistance in using the Internet
to locate docket submissions.
V. Authority and Signature
David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).
Signed at Washington, DC, on April 22, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2015-09698 Filed 4-24-15; 8:45 am]
BILLING CODE 4510-26-P
