[Federal Register: April 1, 2005 (Volume 70, Number 62)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. ICR 1218-0011(2005)]
Subpart A (``General Provisions'') and Subpart B (``Confined and
Enclosed Spaces and Other Dangerous Atmospheres in Shipyard
Employment'') of 29 CFR Part 1915; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comment.
SUMMARY: OSHA solicits public comment concerning its request for an
extension of the information collection requirements contained in 29
CFR part 1915, subpart A (``General Provisions'') and subpart B
(``Confined and Enclosed Spaces and Other Dangerous Atmospheres in
DATES: Comments must be submitted by the following dates:
Hard copy: Your comments must be submitted (postmarked or received)
by May 31, 2005.
Facsimile and electronic transmission: Your comments must be
received by May 31, 2005.
ADDRESSES: You may submit comments, identified by OSHA Docket No. ICR-
1218-0011(2005), by any of the following methods:
Regular mail, express delivery, hand delivery, and messenger
service: Submit your comments and attachments to the OSHA Docket
Office, Room N-2625,
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone (202) 693-2350 (OSHA's TTY number is (877) 889-5627).
OSHA Docket Office and Department of Labor hours are 8:15 a.m. to 4:45
Facsimile: If your comments are 10 pages or fewer in length,
including attachments, you may fax them to the OSHA Docket Office at
Electronic: You may submit comments through the Internet at http://ecomments.osha.gov.
Follow instructions on the OSHA Web page for
Docket: For access to the docket to read or download comments or
background materials, such as the complete Information Collection
Request (ICR) (containing the Supporting Statement, OMB-83-I Form, and
attachments), go to OSHA's Web page at http://www.OSHA.gov. In
addition, the ICR, comments and submissions are available for
inspection and copying at the OSHA Docket Office at the address above.
You may also contact Theda Kenney at the address below to obtain a copy
of the ICR. For additional information on submitting comments, please
see the ``Public Participation'' heading in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate
of Standards and Guidance, OSHA, Room N-3609, 200 Constitution Avenue,
NW., Washington, DC 20210, telephone: (202) 693-222.
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 commet on proposed and continuing information collection
requirements in accordance 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 Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or approprate for enforcement of
the Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
The following is a brief description of the requirements in
subparts A and B that pertain to the collection and retention of
General Provisions (Part 1915 Subpart A)
Competent Person (Sec. 1915.7)
Designation (Sec. 1915.7(b)); and Recordkeeping (Sec. 1915.7(d)).
Paragraph (b)(2) states that employers must designate one or more
competent persons to perform required inspections and tests, unless a
Marine Chemist will do so. The paragraph also requires that employers
maintain a roster of designated competent persons or a statement that a
Marine Chemist will perform all required inspections and tests. In
addition, employers are to ensure that the rosters contain, at a
minimum, the employer's name, the name of the designated competent
persons, and the date the employee completed traiing as a competent
person.\1\ If requested, employers must make the roster or statement
available to employees, their representatives, OSHA compliance
officers, and representatives from the National Institute for
Occupational Safety and Health (NIOSH).
\1\ Subpart A contains no training requirements for competent
Paragraph (d)(1) specifies that employers ensure that competent
person, Marine Chemists, and CIHs make a record of each inspection and
thest they conduct. The Record of the inspection or test must contain
the employer's location; time, date, location of the inspected space;
the operatiosn performed; test results; and any instructions. Paragraph
(d)(2) requires that employers must post the record in the immediate
vicinity of the inspected space while employees are working in the
space. Employers must maintain the record in a file for at least three
months after work int he space is complete. In addition, paragraph
(d)(3) provides that employers make inspection and test records
avaiable, upon request, to employees, their representatives, OSHA
compliance officers, and NIOSH.
Confined and Enclosed Spaces and Other Dangerous Atmospheres in
Shipyard Employment (Part 1915 Subpart B)
(A) Precautions and the Order of Testing Before Entering Confrined and
Enclosed Spaces and Other Dangerous Atmosphers (Sec. 1915.12)
Oxygen Content (Sec. 1915.12(a)(1) and (a) (2)); Flammable
Atmospheres (Sec. 1915.12(b)(1) and (b)(2)); and Toxic, Corrosive,
Irritant or Fumigated Atmospheres and Residues (Sec. 1915.12(c)(1),
(c)(2), and (c)(3)). Before an employee initially enters a space,
paragraph (a)(1) requires employers to ensure that a competent person
visually inspects and tests it to determine its atmospheric oxygen
content. Spaces submit to this requirement include:
Sealed spaces such as, but not limited to, coated and
closed-up spaces and freshly painted non-ventilated spaces;
Spaces that contain materials or residues of material that
can cause it to become oxygen deficient; spaces and adjacent spaces
that contain or have contained combustible or flammable liquids or
gases, or that contain or previously contained toxic, corrosive, or
irritant liquids, gases, or solids; and
Fumigated spaces and adjacent spaces and spaces containing
materials or residues that create an oxygen-deficient atmosphere.
If the space has an oxygen-deficient atmosphere, paragraph (a)(2)
specifies that employers must label the space ``Not Safe for Workers.''
For oxygen-enriched spaces, the label must read ``Not Safe for
Workers--Not Safe for Hot Work.'' Employers must ventilate these spaces
with a sufficient volume and flow rate to maintain the oxygen content
at or above 19.5 percent and below 22.0 percent by volume, at which
point they may remove the warning label.
Under paragraph (b)(1), employers must have a competent person
visually inspect a space or adjacent space for combustible or flammable
liquids or gases. If such liquids or gases are present, the competent
person must test the atmospheric concentration prior to employee entry.
If the concentration is equal to or greater than 10 percent of the
lower explosive limit (LEL), paragraph (b)(2) specifies that the
employer must label the space ``Not Safe for Workers--Not Safe for Hot
Work.'' Employers must provide ventilation at a volume and flow rate
that maintains the concentration of flammable vapors below 10 percent
of the LEL; the employer may remove the warning label when the vapors
reach this level.
Paragraph (c)(1) mandates that if a space or adjacent space
contains or previously contained liquids, gases, or solids that are
toxic, corrosive, or cause irritation, employers have a competent
person visually inspect the space to determine whether these substances
are present. If so, the competent person must test the atmospheric
concentration before an employee enters the space. Under paragraph
(c)(2), employers must label the space ``Not Safe for Workers''
if the air concentration of these substances exceeds the permissible
exposure level (PEL) specified by 29 CFR 1915, subpart Z (``Toxic and
Hazardous Substances''), or is immediately dangerous to life or health
(IDLH).\2\ Employers must provide a sufficient ventilation volume and
flow rate to maintain the atmospheric concentration at or below the PEL
or below the IDLH if there is no PEL, after which they may remove the
warning labels. Paragraph (c)(3) specifies that if, after ventilation,
the concentrations are not at or below the PEL or below the IDLH
employers have a Marine Chemist or CIH retest the space until they can
certify it as ``Enter with Restrictions'') \3\ or ``Safe for Workers.''
\2\ Paragraph (b) of Sec. 1915.11 (``Scope, application and
definitions applicable to this subpart'') defines IDLH as ``an
atmosphere that poses an immediate threat to life or that is likely
to result in acute or immediate severe health effects.''
\3\ As defined under Sec. 1915.11(b), the term ``enter with
restrictions'' means ``[denoting] a space where entry for work is
permitted only if engineering controls, personal protective
equipment, clothing, and time limitations are as specified by the
Marine Chemist, Certified Industrial Hygienist, or the shipyard
Training of Employees Entering Confined and Enclosed Spaces or
Other Dangerous Atmospheres and Training Certification Records (Sec.
1915.12(d)). Paragraphs (d)(1) through (d)(4) require employers to
train employees who enter a confined and enclosed space or other
dangerous atmospheres so they can perform their duties safely.
Employees must receive the required training before they begin to work
in the space, and if a change in operations or their duties results in
a new hazard not previously addressed by the training. Employers must
train employees to recognize the characteristics of the confined space;
anticipate and be aware of the hazards that may be present in the
space; recognize the adverse health effects that these hazards may
cause; understand the physical signs and reactions that may result from
exposure to these hazards; know what personal protective equipment is
needed for safe entry in and exit from the space; and be aware of and
know the proper use of barriers that may be needed to protect employees
from the hazards. In addition, paragraph (d)(3) specifies that
employees be trained to exit the space if the employer or employer
representative orders an evacuation, an evacuation signal or alarm is
activated, or the employee perceives there is a dangerous condition.
Under paragraph (d)(5), employers must certify that each employee
received the required training. The certification is to contain the
employee's name, the name of the certifier, and the certification date,
and be available for inspection by OSHA compliance officers, NIOSH, and
employees and their representatives.
Rescue Teams (Sec. 1915.12(e)). Under paragraph (e), employers
must establish a shipyard rescue team, or arrange for an outside rescue
team that will respond promptly to the employer's request for rescue
service. For shipyard-based rescue teams, paragraph (e)(1) specifies
that employers must provide and train team members to use personal
protective equipment necessary to make a rescue, train each team member
to perform his/her rescue functions, ensure that the team practices its
skills at least once a year,\4\ and have at least one person on a team
maintain current first aid certification.\5\ If employers use an
outside rescue team, paragraph (e)(2) requires them to inform the
members of the team of the hazards they may encounter when called to
rescue employees from confined and enclosed spaces or other dangerous
atmospheres at the shipyard facility.
\4\ During practice drills, team members must do rescue
simulations using mannequins and rescue equipment involving physical
facilities that closely approximate the facilities from which they
may make a rescue.
\5\ Including maintenance of an airway, control of bleeding,
maintenance of circulation, and cardiopulmonary resuscitation (CPR)
Exchanging Hazard Information Between Employers (Sec. 1915.12(f)).
If an employer has employees who work in confined and enclosed spaces
or other dangerous atmospheres, this paragraph requires the employer to
inform other employers whose employees may enter the same space about
the hazards, safety rules, and emergency procedures concerning those
spaces and atmospheres.
(B) Cleaning and Other Cold Work (Sec. 1915.13)
Requirements for Performing Cleaning and Cold Work (Sec.
1915.12(b)(10)). Paragraph (b)(2) requires that a competent person test
the concentration of flammable, combustible, toxic, corrosive or
irritant vapors within the confined or enclosed space prior to
employees beginning cleaning or cold work. Paragraph (b)(3) specifies
that continuous ventilation must be provided at volumes and flow rates
that ensure that the concentration of flammable vapor is maintained
below 10 percent of the LEL, and toxic, corrosive or irritant vapors
are maintained within the PELs and below IDLH levels. Paragraph (b)(4)
requires that the competent person also conduct testing as often as
necessary during cleaning or cold work to ensure that air
concentrations remain at the levels specified in paragraph (b)(3).
Paragraph (b)(7) requires that the competent person test
ventilation discharge areas and other areas where discharge vapors may
collect to determine whether those vapors are accumulating in
concentrations that are hazardous to employees. If accumulations are
hazardous, all work in the contaminated areas must be stopped until the
vapors have dissipated or been removed.
Paragraph (b)(10) requires that employers post signs in a prominent
location prohibiting sources of ignition within or near a space that
previously contained flammable or combustible liquids or gases in bulk
quantities. Employers must post these signs at the entrance to the
space, in adjacent spaces, and in the open area adjacent to these
(C) Hot Work (Sec. 1915.14)
Hot Work Requiring Testing by a Marine Chemist or Coast Guard
Authorized Person (Sec. 1915.14(a)(1) and (a)(2)). Under paragraph
(a)(1), employers must have a Marine Chemist or a U.S. Coast Guard
authorized person test and certify a work area as safe for hot work if
the area is in or on any of the following confined and enclosed spaces
and other dangerous atmospheres, boundaries of spaces, or pipelines:
Within, on, or immediately adjacent to spaces that contain or
previously contained combustible or flammable liquids or gases or fuel
tanks that contain or previously contained fuel; or pipelines, heating
coils, pump fittings, or other accessories connected to spaces that
contain or previously contained fuel.\6\ Under paragraph (a)(2),
employers must post the certificate in the immediate vicinity of the
hot work operation while the operation is in progress. On completion of
the operation, they must file the certificate for at least three
\6\ The provision specifies an exception for hot work performed
on dry cargo, miscellaneous, or passenger vessels and land-side
operations in spaces that meet the requirements for oxygen,
flammability, and toxicity specified in Sec. 1915.12, but only if
the flammable gases or liquids in the adjacent spaces have a flash
point below 150[deg] F (65.6[deg] C) and the distance between these
spaces and the hot work is at least 15 feet (7.62 m).
Hot Work Requiring Testing by a Competent Person (Sec.
1915.14(b)(1) and (b)(2). Paragraph (b)(1) specifies that before
starting any hot work in or on the following spaces or adjacent spaces
or other dangerous atmospheres, employers must have a competent person
test and determine that the space
does not contain concentrations of flammable vapors equal to or greater
than 10 percent of the LEL: Dry cargo holds; bilges; and engine rooms;
boiler spaces; vessels and vessel sections; landside confined and
enclosed spaces; or other dangerous atmospheres not requiring
certification by a Marine Chemist or Coast Guard authorized person. If
the concentration of flammable vapors or gases is equal to or greater
than 10 percent of the LEL in these or adjacent spaces, paragraph
(b)(2) specifies that the employer must label the space ``Not Safe for
Hot Work.'' Employers must provide ventilation in the space at a volume
and flow rate that maintains the concentration of flammable vapors
below 10 percent of the LEL, after which they may remove the warning
(C) Maintenance of Safe Conditions (Sec. 1915.15)
Alteration of Existing Conditions (Sec. 1915.15(b)). If a change
occurs that may alter the atmospheric conditions within a tested
confined or enclosed space or other dangerous atmosphere (e.g., opening
a manhole or other closures, adjusting a valve that regulates the flow
of hazardous materials), this provision requires employers to stop work
in the affected space or work area. Work may resume only after visual
inspection and retesting finds that the affected space or work area
meets the requirements of the subpart.
Test to Maintain the Conditions of a Marine Chemist's or Coast
Guard Authorized Person's Certificates (Sec. 1915.15(c)). This
paragraph requires employers to ensure that a competent person visually
inspects and tests each space certified as ``Safe for Workers'' or
``Safe for Hot Work'' as often as necessary to ensure that the
atmospheric conditions in the space conform to the conditions
established by the certificate.
Change in the Conditions of a Marine Chemist's or Coast Guard
Authorized Person's Certificates (Sec. 1915.15(d)). If a competent
person finds that the atmospheric conditions in a certified space fail
to meet the applicable requirements of the subpart, employers must stop
work in the space until a Marine Chemist or Coast guard authorized
person retests the space and issues a new certificate.
Tests to Maintain a Competent Person's Findings (Sec.
1915.156(e)); and Changes in the Conditions Determined by a Competent
Person's Findings (Sec. 1915.15(f)). Paragraph (3) specifies that
after a competent person conducts the required initial visual
inspection and tests and determines that a space is safe for employee
entry, employers must ensure that the required atmospheric conditions
are being maintained by having a competent person continue to test and
visually inspect the space as often as necessary. Paragraph (f)
specifies that if the atmospheric conditions do not meet the
requirements of the subpart, employers must stop work in the space
until conditions in the space are brought into compliance.
(D) Warning Signs and Labels (Sec. 1915.16)
This paragraph establishes protocols for preparing the sign and
labels required in previous paragraphs.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the purposed 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
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 proposes to extend the Office of Management and Budget's (OMB)
approval of the collection of information (paperwork) requirements
necessitated by Subpart A (``General Provisions'') and Subpart B
(``Confined and Enclosed Spaces and Other Dangerous Atmospheres in
Shipyard Employment'') of 29 CFR part 1915. (The Agency will include
this summary in its request to OMB to extend the approval of these
collection of information requirements.
Type of Review: Extension of currently approved information
Title: Subpart A (``General Provisions'') and Subpart B (``Confined
and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard
Employment'') of 29 CFR part 1915.
OMB Number: 1218-0011.
Affected Public: Business or other for-profits; Not-for-profit
organizations; Federal Government; State, Local or Tribal Government.
Frequency: On occasion.
Average Time Per Response: Varies from 1 minute (.02 hour) for a
secretary to maintain a training certification record to 10 minutes
(.17 hour) for a supervisory shipyard production worker to update,
maintain and post either the required roster or statement at each
Estimated Total Burden Hours: 348,394.
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 and supporting materials in response to
this notice by (1) hard copy, (2) FAX transmission (facsimile), or (3)
electronically through the OSHA Webpage. Because of security-related
problems, there may be a significant delay in the receipt of comments
by regular mail. Please contact the OSHA Docket Office at (202) 693-
2350 (TTY (877) 889-5627) for information about security procedures
concerning the delivery of submissions by express delivery, hand
delivery and courier service.
All comments, submissions and background documents are available
for inspection and copying at the OSHA Docket Office at the above
address. Comments and submissions posted on OSHA's Webpage are
available at http://www.OSHA.gov. Contact the OSHA Docket Office for
information about materials not available through the OSHA Webpage and
for assistance using the Webpage to locate docket submissions.
Electronic copies of the Federal Register notice as well as other
relevant documents are available on OSHA's Webpage. Since all
submissions become public, private information such as social security
numbers should not be submitted.
V. Authority and Signature
Jonathan L. Snare, 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. 5-
2002 (67 FR 65008).
Signed at Washington, DC, on March 28, 2005.
Jonathan L. Snare,
Acting Assistant Secretary of Labor.
[FR Doc. 05-6487 Filed 3-31-05; 8:45 am]
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