Permit-Required Confined Spaces; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) Requirements
| Published date | 23 June 2021 |
| Citation | 86 FR 32978 |
| Record Number | 2021-13188 |
| Section | Notices |
| Court | Occupational Safety And Health Administration |
32978
Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Notices
109–164 (2006), 22 U.S.C 7112(b), as
amended by Section 133 of the
Frederick Douglass Trafficking Victims
Prevention and Protection
Reauthorization Act of 2018, Public Law
115–425, directs the Secretary of Labor,
acting through ILAB, to ‘‘develop and
make available to the public a list of
goods from countries that ILAB has
reason to believe are produced by forced
labor or child labor in violation of
international standards, including, to
the extent practicable, goods that are
produced with inputs that are produced
with forced labor or child labor.’’
(TVPRA List).
The primary purposes of the List are
to raise public awareness about the
incidence of child labor and forced
labor in the production of goods in the
countries listed and to promote efforts
to eliminate such practices. The 2020
report, including a discussion of the
List’s methodology, the updated List,
and an updated bibliography of sources,
are available on the Department of Labor
website at: http://www.dol.gov/ilab/
reports/child-labor/list-of-goods/.
(Authority: 22 U.S.C. 7112(b)(2)(C))
Signed at Washington, DC, this 14 day of
June, 2021.
Thea Lee,
Deputy Undersecretary for International
Affairs.
[FR Doc. 2021–12894 Filed 6–22–21; 8:45 am]
BILLING CODE 4510–28–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
Information Collection (Paperwork)
Requirements
AGENCY
: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION
: Request for public comments.
SUMMARY
: OSHA solicits public
comments concerning the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
contained in the Standard on Permit-
Required Confined Spaces.
DATES
: Comments must be submitted
(postmarked, sent, or received) by
August 23, 2021.
ADDRESSES
:
Electronically: You may submit
comments, including attachments,
electronically at http://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to http://
www.regulations.gov. Documents in the
docket are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (OSHA–2011–0858). OSHA will
place comments and requests to speak,
including personal information, in the
public docket, which may be available
online. Therefore, OSHA cautions
interested parties about submitting
personal information such as Social
Security numbers and birthdates. For
further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled
SUPPLEMENTARY
INFORMATION
.
FOR FURTHER INFORMATION CONTACT
:
Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor,
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION
:
I. Background
The Department of Labor, as part of a
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance process to
provide the public with an opportunity
to comment on proposed and
continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, the reporting burden
(time and costs) is minimal, the
collection instruments are clearly
understood, and OSHA’s estimate of the
information collection burden is
accurate. The Occupational Safety and
Health Act of 1970 (OSH Act) (29 U.S.C.
651 et seq.) authorizes information
collection by employers as necessary or
appropriate for enforcement of the OSH
Act, or for developing information
regarding the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires OSHA to obtain such
information with a minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of effort in
obtaining said information (29 U.S.C.
657).
The purpose of the information
collection requirements specified in the
Permit-Required Confined Spaces
Standard (29 CFR 1910.146) is to ensure
that employers systematically evaluate
the dangers in permit spaces before
entry is attempted, and to ensure that
adequate measures are taken to make
the spaces safe for entry. Section
1910.146(c)(2) requires the employer to
post danger signs to inform exposed
employees of the existence and location
of, and the dangers posed by, permit
spaces.
Section 1910.146(c)(4) requires the
employer to develop and implement a
written ‘‘permit-space program’’ when
the employer decides that its employees
will enter permit spaces. The written
program is to be made available for
inspection by employees and their
authorized representatives. Section
1910.146(d) provides the employer with
the requirements of a permit-required
confined space program.
Section 1910.146(c)(5)(i)(E) requires
that the determinations and supporting
data specified by paragraphs (c)(5)(i)(A),
(c)(5)(i)(B), and (c)(5)(i)(C) of this
section are documented by the employer
and are made available to each
employee who enters a permit space or
to that employee’s authorized
representative.
Under paragraph (c)(5)(ii)(H) of
§ 1910.146, the employer is required to
verify that the space is safe for entry and
that the pre-entry measures required by
paragraph (c)(5)(ii) of this section have
been taken, using a written certification
that contains the date, the location of
the space, and the signature of the
person providing the certification. The
certification is to be made before entry
and is required to be made available to
each employee entering the space or to
that employee’s authorized
representative.
Section 1910.146(c)(7)(iii) requires the
employer to document the basis for
determining that all hazards in a permit
space have been eliminated using a
certification that contains the date, the
location of the space, and the signature
of the person making the determination.
The certification is to be made available
to each employee entering the space or
to that employee’s authorized
representative.
Section 1910.146(c)(8)(i) requires that
the employer inform the contractor that
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the workplace contains permit spaces
and that permit space entry is allowed
only through compliance with a permit
space program meeting the requirements
of this section. Section 1910.146(c)(8)(ii)
requires that the employer apprise the
contractor of the elements, including the
hazards identified and the host
employer’s experience with the space,
that make the space in question a permit
space. Section 1910.146(c)(8)(iii)
requires that the employer apprise the
contractor of any precautions or
procedures that the host employer has
implemented for the protection of
employees in or near permit spaces
where contractor personnel will be
working. Section 1910.146(c)(8)(v)
requires the employer to debrief the
contractor at the conclusion of the entry
operations regarding the permit space
program followed and regarding any
hazards confronted or created in permit
spaces during entry operations.
Section 1910.146(c)(9)(iii) requires
that the contractor inform the host
employer of the permit space program
that the contractor will follow and of
any hazards confronted or created in
permit spaces, either through a
debriefing or during the entry operation.
Section 1910.146(d)(5)(vi) requires the
employer to immediately provide each
authorized entrant or that employee’s
authorized representative with the
results of any testing conducted in
accord with paragraph (d) of the
Standard.
Section 1910.146(d)(14) requires
employers to review the permit space
program, using the canceled permits
retained under paragraph (e)(6) within 1
year after each entry and revise the
program as necessary, to ensure that
employees participating in entry
operations are protected from permit
space hazards.
Section 1910.146(e)(1) requires the
employer to document the completion
of measures required by paragraph (d)(3)
by preparing an entry permit before
employee entry is authorized. Paragraph
(f) of § 1910.146 specifies the
information to be included on the entry
permit. Paragraph (e)(3) requires that the
employer make the completed permit
available at the time of entry to all
authorized entrants by posting the
permit at the entry portal or by any
other equally effective means, so that
the entrants can confirm that pre-entry
preparations have been completed.
Paragraph (e)(6) requires the employer
to retain each canceled entry permit for
at least one year; any problems
encountered during an entry operation
must be noted on the pertinent permit
so that revisions to the permit space
program can be made.
Section 1910.146(g)(4) requires that
the employer certify that the training
required by paragraphs (g)(1) through
(g)(3) has been accomplished by
preparing a written certification record.
Section 1910.146(h)(3) requires the
employer to ensure that all authorized
entrants communicate with the
attendant as necessary to enable the
attendant to monitor entrant status and
to enable the attendant to alert entrants
of the need to evacuate the space as
required by paragraph (l)(6) of the
Standard. Section 1910.146(h)(4)
requires the employer to ensure that all
authorized entrants alert the attendant
whenever the entrant recognizes any
warning sign or symptom of exposure to
a dangerous situation (paragraph
((h)(4)(i)), or the entrant detects a
prohibited condition (paragraph
(h)(4)(ii)).
Section 1910.146(i)(5) requires the
employer to ensure that each attendant
communicate with authorized entrants
as necessary to monitor entrant status
and to alert entrants of the need to
evacuate the space under the conditions
specified in paragraphs (i)(6)(i)–(i)(6)(iv)
of the Standard. Section 1910.146(i)(7)
requires the employer to ensure that the
attendant summon rescue and other
emergency services as soon as the
attendant determines that authorized
entrants may need assistance to escape
from permit space hazards. Section
1910.146(i)(8) requires that the
employer ensure that the attendant warn
unauthorized persons that they must
stay away from the permit space
(paragraph (i)(8)(i)); advise
unauthorized persons that they must
exit immediately if they have entered
the permit space (paragraph (i)(8)(ii));
and inform authorized entrants and the
entry supervisor if unauthorized
persons have entered the permit space
(paragraph (i)(8)(iii)).
Section 1910.146(j)(2) requires the
employer to ensure that each entry
supervisor verifies, by checking that the
appropriate entries have been made on
the permit, that all tests specified by the
permit have been conducted and that all
procedures and equipment specified by
the permit are in place before endorsing
the permit and allowing entry to begin.
Section 1910.146(k)(1)(i) requires the
employer to evaluate a prospective
rescuer’s ability to respond to a rescue
summons in a timely manner,
considering the hazard(s) identified;
Section 1910.146(k)(1)(ii) requires the
employer to evaluate a prospective
rescue service’s ability, in terms of
proficiency with rescue-related tasks
and equipment, to function
appropriately while rescuing entrants
from the particular permit space or
types of permit spaces identified.
Section 1910.146(k)(1)(iv) requires that
the employer inform each rescue team
or service of the hazards they may
confront when called on to perform
rescue at the site. Section
1910.146(k)(1)(v) requires that the
employer provide the rescue team or
service selected with access to all
permit spaces from which rescue may
be necessary so that the rescue service
can develop appropriate rescue plans.
Section 1910.146(k)(4) requires that if
an injured entrant is exposed to a
substance for which a ‘‘Material Safety
Data Sheet’’ (MSDS) [now referred to as
an SDS (Safety Data Sheet)] or other
similar written information is required
to be kept at the worksite, that the
employer make the MSDS or written
information available to the medical
facility treating the exposed entrant.
Section 1910.146(l)(1) requires that
employers consult with affected
employees and their authorized
representatives on the development and
implementation of all aspects of the
permit space program required by
paragraph (c). Section 1910.146(l)(2)
requires that employers make all
information required to be developed by
this section available to affected
employees and their authorized
representatives.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
•Whether the proposed information
collection requirements are necessary
for the proper performance of the
agency’s functions, including whether
the information is useful;
•The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
•The quality, utility, and clarity of
the information collected; and
•Ways to minimize the burden on
employers who must comply—for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA is requesting an adjustment
increase for the information collection
requirements of 415,512.80 burden
hours (from 1,660,526.00 to
2,076,038.80). The burden hour increase
is related to updated data estimates
showing an increase in the number of
permit space entrants (from 1,471,634 to
1,488,877) and establishments with
permit spaces (from 210,281 to 214,994)
affected by the Standard. It is also
related to the adjustment of the
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estimated percentage of establishments
assumed to incur burden hour costs
conducting atmospheric monitoring and
testing.
The agency is requesting an increase
in capital and operation and
maintenance costs of $14,100.00 (from
$630,900.00 to $645,000.00) for
atmospheric testing and monitoring
equipment. This increase is also related
to the updated data estimates showing
an increase in the number of permit
space entrants and establishments with
permit spaces affected by the Standard.
The agency will summarize the
comments submitted in response to this
notice and will include this summary in
the request to OMB.
Type of Review: Extension of a
currently approved collection.
Title: Permit-Required Confined
Spaces.
OMB Control Number: 1218–0203.
Affected Public: Business or other for-
profits.
Number of Respondents: 214,994.
Frequency of Responses: On occasion.
Total Responses: 13,959,314.
Average Time per Response: Varies.
Estimated Total Burden Hours:
2,076,038.80.
Estimated Cost (Operation and
Maintenance): $645,000.00.
IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (fax); or (3) by hard copy.
Please note: While OSHA’s Docket
Office is continuing to accept and
process submissions by regular mail,
due to the COVID–19 pandemic, the
Docket Office is closed to the public and
not able to receive submissions to the
docket by hand, express mail,
messenger, and courier service. All
comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2011–0858).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled
ADDRESSES
). The additional
materials must clearly identify
electronic comments by your name,
date, and the docket number so that the
agency can attach them to your
comments.
Due to security procedures, the use of
regular mail may cause a significant
delay in the receipt of comments.
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and dates of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this website.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov website to submit
comments and access the docket is
available at the website’s ‘‘User Tips’’
link. Contact the OSHA Docket Office at
(202) 693–2350, (TTY (877) 889–5627)
for information about materials not
available through the website, and for
assistance in using the internet to locate
docket submissions.
V. Authority and Signature
James S. Frederick, Acting Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 1–2012 (77 FR 3912).
Signed at Washington, DC, on June 15,
2021.
James S. Frederick,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2021–13188 Filed 6–22–21; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0002]
Asbestos in Construction Standard;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
AGENCY
: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION
: Request for public comments.
SUMMARY
: OSHA solicits public
comments concerning the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Asbestos in
Construction Standard.
DATES
: Comments must be submitted
(postmarked, sent, or received) by
August 23, 2021.
ADDRESSES
:
Electronically: You may submit
comments, including attachments,
electronically at http://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to http://
www.regulations.gov. Documents in the
docket are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (OSHA–2012–0002). OSHA will
place comments and requests to speak,
including personal information, in the
public docket, which may be available
online. Therefore, OSHA cautions
interested parties about submitting
personal information such as social
security numbers and birthdates. For
further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled
SUPPLEMENTARY
INFORMATION
.
FOR FURTHER INFORMATION CONTACT
:
Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor,
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION
:
I. Background
The Department of Labor, as part of a
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, the reporting burden
(time and costs) is minimal, the
collection instruments are clearly
understood, and OSHA’s estimate of the
information collection burden is
accurate. The Occupational Safety and
Health Act of 1970 (OSH Act) (29 U.S.C.
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