[Federal Register: March 29, 2011 (Volume 76, Number 60)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2011-0034]
Subpart A ("General Provisions") and Subpart B ("Confined and
Enclosed Spaces and Other Dangerous Atmospheres in Shipyard
Employment"); 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 its proposal to
extend OMB approval of the information collection requirements
specified in 29 CFR part 1915, subpart A ("General Provisions") and
subpart B ("Confined and Enclosed Spaces and Other Dangerous
Atmospheres in Shipyard Employment").
DATES: Comments must be submitted (postmarked, sent, or received) by
May 31, 2011.
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
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-2011-0034, 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 OSHA
docket number for the Information Collection Request (ICR) (OSHA-2011-
0034). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://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 http://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 http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through 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, Directorate of Standards
and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
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 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 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 following is a description of the requirements in subparts A
and B that pertain to the collection and retention of information:
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 worker completed training as a competent
person. If requested, employers must make the roster or statement
available to workers, their representatives, OSHA compliance officers,
and representatives from the National Institute for Occupational Safety
and Health (NIOSH).
Paragraph (d)(1) specifies that employers ensure that competent
persons, Marine Chemists, and Certified Industrial Hygienists (CIHs)
make a record of each inspection and test they conduct. The record of
the inspection or test must contain the employer's location; time,
date, and location of the inspected space; the operations performed;
test results; and any instructions. Paragraph (d)(2) requires that
employers post the record in the immediate vicinity of the inspected
space while workers are working in the space. Employers must maintain
the record in a file for at least three months after work in the space
is complete. In addition, paragraph (d)(3) requires that employers make
inspection and test records available, upon request, to workers, their
representatives, OSHA compliance officers, and NIOSH.
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
Before a worker 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 subject to this
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 and adjacent spaces.
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 worker 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 an irritant, employers must 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 a worker may enter 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
limit (PEL), specified by 29 CFR 1915, subpart Z ("Toxic and Hazardous
Substances"), or is immediately dangerous to life or health (IDLH).
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
must have a Marine Chemist or CIH retest the space until they can
certify it as "Enter with Restrictions" or "Safe for Workers."
Training of Employees Entering Confined and Enclosed Spaces or Other
Dangerous Atmospheres and Training Certification Records (Sec.
Paragraphs (d)(1) through (d)(4) require employers to train workers
who enter a confined and enclosed space or other dangerous atmospheres
so they can perform their duties safely. Workers must receive the
required training before they begin to work in a confined space, and if
a change in operations or their duties results in a new hazard not
previously addressed by the training. Employers must train workers 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 exposure to 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 into and exit from the space; and be aware of and
know the proper use of barriers that may be needed to protect workers
from the hazards. In addition, paragraph (d)(3) specifies that workers
be trained to exit the space if the employer or employer representative
orders an evacuation, an evacuation signal or alarm is activated, or
the worker perceives that a dangerous condition exists.
Under paragraph (d)(5), employers must certify that each worker
received the required training in accordance with paragraphs (d)(1)
through (d)(4). The certification is to contain the worker's
name, the name of the certifier, and the certification date, and be
available for inspection by OSHA compliance officers, NIOSH, and
workers 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 a 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 annually, and have
at least one person on a team maintain current first-aid certification.
If employers use an outside rescue team, paragraph (e)(2) requires the
employer to inform the members of the team of the hazards they may
encounter when called to rescue workers from confined and enclosed
spaces or other dangerous atmospheres at the shipyard facility.
Exchanging Hazard Information Between Employers (Sec. 1915.12(f))
If an employer has workers who work in confined and enclosed spaces
or other dangerous atmospheres, this paragraph requires the employer to
inform other employers whose workers may enter the same space, about
the hazards, safety rules, and emergency procedures concerning those
spaces and atmospheres.
Requirements for Performing Cleaning and Cold Work (Sec.
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 workers beginning
cleaning or cold work. Paragraph (b)(3) specifies that continuous
ventilation must be provided at volumes and flow rates sufficient to
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 conduct testing of the confined or
enclosed space as often as necessary during cleaning or cold work to
ensure that air concentrations remain at the levels specified in
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 workers. 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 that prohibit 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 those
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. 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 months.
Hot Work Requiring Testing by a Competent Person (Sec. 1915.14(b)(1)
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; engine rooms; boiler spaces; vessels and vessel sections; land-
side 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
Alteration of Existing Conditions (Sec. 1915.15(b))
If a change occurs that may alter the atmospheric conditions within
a previously 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), paragraph (b)(2)
requires employers to stop work in the affected space or work area.
Work may only resume after the affected space or area is visually
inspected and retested and found to comply with the requirements of the
subpart (Sec. Sec. 1915.12, 1915.13, 1915.14).
Tests 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 inspect and test 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 are maintained within the
conditions established by the issued 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
Tests To Maintain a Competent Person's Findings (Sec. 1915.15(e)); and
Changes in the Conditions Determined by a Competent Person's Findings
Paragraph (e) specifies that after a competent person conducts the
required initial visual inspection and tests and determines that a
space is safe for worker 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
Warning Signs and Labels (Sec. 1915.16)
This paragraph establishes protocols for preparing signs and labels
required in previous paragraphs.
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
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 that OMB extend its 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 is requesting an adjustment decrease of 10 burden
hours (from 312,774 to 312,764 hours). This decrease is due to a drop
in the job opening and labor turnover rate from 3.7 percent to 3.2
percent. The Agency will summarize the comments submitted in response
to this notice and will include this summary in its request to OMB.
Type of Review: Extension of a currently approved collection.
Title: Subpart A ("General Provisions") and Subpart B ("Confined
and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard
Employment") (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 10 minutes (.17 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: 312,764.
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 http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); 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-2011-0034).
You may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or a 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 docket number so the Agency can attach them to
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 http://www.regulations.gov.
Therefore, OSHA cautions commenters about submitting personal
information such as social security numbers and date 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 Web site.
All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://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 through 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. 4-2010
(75 FR 55355).
Signed at Washington, DC on March 23, 2011.
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-7261 Filed 3-28-11; 8:45 am]
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