60 Day Federal Register Notice

Federal Register / Vol. 89, No. 100 / Wednesday, May 22, 2024 / Notices
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; or (2) by
facsimile (fax), if your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at 202–693–1648.
All comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2011–0055).
You may supplement electronic
submission by uploading document files
electronically.
Comments and submissions are
posted without change at https://
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 https://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this website. All
submission, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the https://
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 from the website, and for
assistance in using the internet to locate
docket submissions.
V. Authority and Signature

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James S. Frederick, Deputy 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. 8–2020 (85 FR 58393).
Signed at Washington, DC, on May 15,
2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2024–11171 Filed 5–21–24; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2017–0014]

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 for the
information collection requirements
specified in its Confined Spaces in
Construction Industry Standard.
DATES: Comments must be submitted
(postmarked, sent, or received) by July
22, 2024.
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.
Docket: To read or download
comments or other material in the
docket, go to https://
www.regulations.gov. Documents in the
docket are listed in the https://
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 at (202)
693–2350 (TTY (877) 889–5627) for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and OSHA
docket number (OSHA–2017–0014) for
the Information Collection Request
(ICR). OSHA will place all comments,
including any personal information, in
the public docket, which may be made
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.
SUMMARY:

Seleda Perryman, Directorate of

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Standards and Guidance, OSHA, U.S.
Department of Labor; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:

I. Background
Confined Spaces in Construction
Industry Standard; Extension of the
Office of Management and Budget
(OMB) Approval of Information
Collection (Paperwork) Requirements

FOR FURTHER INFORMATION CONTACT:

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The Department of Labor, as part of
the 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, 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
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 effort in obtaining
information (29 U.S.C. 657).
The Standard specifies several
information collection requirements.
The following sections describe who
uses the information collected under
each requirement, as well as how they
use it. Employers and employees would
use these information collection
requirements when they identify a
confined space at a construction
worksite. The purpose of the
information would permit employers
and employees to systematically
evaluate the dangers in confined spaces
before entry is attempted, and to ensure
that adequate measures have been
implemented to make the spaces safe for
entry. In addition, the information
collection requirements of the Standard
specify requirements for developing and
maintaining a number of records and
other documents. Further, OSHA
compliance safety and health officers
would need the information to
determine, during an inspection,
whether employers are complying with
the requirements.

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29 CFR 1926.1203—General
Requirements
29 CFR 1926.1203(b)(1)—Informing
Employees of Permit Required Confined
Spaces Dangers
Paragraph 1203(b)(1) requires
employers who identify a permit
required confined space (PRCS) to post
danger signs or take other equally
effective means to inform employees of
the existence and location of, and the
danger posed by, permit spaces. The
note following paragraph 1203(b)(1)
provides an example of the content of
the optional danger sign.
29 CFR 1926.1203(b)(2)—Informing
Controlling Contractors and Employees’
Authorized Representatives About PRCS
Hazards
Paragraph 1203(b)(2) requires
employers to inform, in a timely manner
and in a manner other than posting, its
employees’ authorized representatives
and the controlling contractor, of the
hazards of confined spaces and the
location of those spaces.

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29 CFR 1926.1203(d)—Written Permit
Space Program
Paragraph 1203(d) requires any
employer that has employees who will
enter a confined space to have and
implement a written permit confined
space program and to make the program
available for inspection by employees
and their representatives. Employers
may write detailed permit space
programs, while making the entry
permits associated with the written
programs less specific than the
programs, provided the permits address
the hazards of the particular space;
conversely, the program may be less
specific than the entry permit, in which
case the employer must draft a detailed
permit.
29 CFR 1926.1203(e)(1)(v) and
1926.1203(e)(2)(ix)—Alternate
Procedure Documentation and
Availability
Paragraph 1203(e)(1) sets forth the six
conditions that an employer must meet
before its employees can enter a permit
space under the alternate procedures
specified in paragraph (e)(2).
Paragraph 1203(e)(1)(v) requires
employers to document the initial
conditions before entry, including the
determinations and supporting data
required by paragraphs (e)(1)(i) through
(e)(1)(iii) of the Standard (develop
monitoring 1 and inspection data that
1 In this context, the final rule uses ‘‘monitoring’’
to match the general industry language, and the
term encompasses both the initial testing of
atmosphere and the subsequent measurements.

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supports the demonstrations required by
paragraphs (e)(1)(i) and (e)(1)(ii), i.e., the
elimination or isolation of physical
hazards such that the only hazard in the
space is an actual or potential hazardous
atmosphere, and that continuous forcedair ventilation is sufficient to maintain
the space safe for entry), and make this
documentation available to employees
who enter the spaces under the alternate
procedures, or to their authorized
representatives.
In addition, paragraph 1203(e)(2)(ix)
requires the employer to verify that the
permit space is safe for entry and that
the employer took the measures
required by paragraph 1203(e)(2) (the
procedures that employers must follow
for permit space entries made under
paragraph 1203(e)(1)). The verification
must be in the form of a certification
that contains the date, the location of
the space, and the signature of the
certifying individual. The employer
must make the alternate procedure
documentation of paragraphs (e)(1)(v)
and (e)(2)(ix) available to entrants or to
their employees’ authorized
representatives before entry.
29 CFR 1926.1203(e)(2)(viii)—Written
Approval for Job-Made Hoisting
Systems
Paragraph 1203(e)(2)(vii) allows for
the use of job-made hoisting systems if
a registered professional engineer
approves these systems for personnel
hoisting prior to use in entry operations
regulated by § 1926.1203(e). Unlike the
proposed rule, the final rule requires an
engineer’s approval to be in writing to
ensure that the specifications and
limitations of use are conveyed
accurately to the employees
implementing the job-made hoist, and
that the approval can be verified.
29 CFR 1926.1203(g)(3)—Certification of
Former Permit Spaces as Non-Permit
Spaces
Paragraph 1203(g)(3) requires an entry
employer seeking to reclassify a space
from permit to non-permit status to
document the basis for determining that
it eliminated all permit space hazards
through a certification that contains the
date, the location of the space, and the
signature of the certifying individual. In
addition, the employer must make the
certification available to each employee
entering the space or his or her
authorized representative. A
reevaluation aimed at reestablishing
compliance with paragraph 1203(g) will
involve the demonstrations, testing,
inspection, and documentation required
in paragraphs (g)(1) through (g)(3). The
employer must substantiate all
determinations so that employers,

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employees, and the agency have the
means necessary to evaluate those
determinations and ensure compliance
with the conditions that would enable
the employer to conduct entry
operations using the alternate
procedures specified by § 1926.1203
following reclassification.
29 CFR 1926.1203(h)—Permit Space
Entry Communication and Coordination
In paragraph (h), OSHA designates the
controlling contractor, rather than the
host employer, as the information hub
for confined spaces information-sharing
and coordination because the
controlling contractor’s function at a
construction site makes it better situated
than the host employer (assuming that
the host employer is not also the
controlling contractor) to contribute to
and to facilitate a timely and accurate
information exchange among all
employers who have employees
involved in confined space work. On a
construction worksite, the controlling
contractor has overall authority for the
site and is best situated to receive and
disseminate information about the
previous and current work performed
there.
29 CFR 1926.1203(h)(1)—Pre-Entry
Duties of Host Employer
Paragraph 1203(h)(1) requires the host
employer to share with the controlling
contractor information that the host has
about the location of known permit
spaces, the hazards or potential hazards
in each space or the reason it is a permit
space, and any previous steps that it
took, or that other employers took, to
protect workers from the hazards in
those spaces.
29 CFR 1926.1203(h)(2)—Pre-Entry
Information-Sharing Duties of
Controlling Contractors
OSHA requires controlling contractors
to obtain the information specified in
paragraph (h)(1) from the host employer
(i.e., the location of permit spaces, the
known hazards in those spaces, and
measures employed previously to
protect employees in that space). Then,
before permit space entry, it must relay
that information to any entity entering
the permit space and to any entity
whose activities could foreseeably result
in a hazard in the confined space. (See
paragraph 1203(h)(2)(ii).) The
controlling contractor must also share
any other information that it has
gathered about the permit space, such as
information received from prior
entrants.

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29 CFR 1926.1203(h)(2)(i)—Controlling
Contractor Obtains Information From
Host Employer
Paragraph 1203(h)(2)(i) requires the
controlling contractor to obtain from the
host employer, before permit space
entry, available information regarding
permit space hazards and previous entry
operations.
29 CFR 1926.1203(h)(2)(ii)—Controlling
Contractor Provides Information to
Entities Entering a Permit Space and
Other Entities at the Worksite
Paragraph 1203(h)(2)(ii)(A) and (B)
require the controlling contractor, before
entry operations begin, to share with the
entrants, and any other entity at the
worksite whose activities could
foreseeably result in a hazard in the
permit space, the information that the
controlling contractor received from the
host employer, as well as any additional
information the controlling contractor
has about the topics listed in paragraphs
(h)(1)(i) through (iii) (i.e., the location of
permit spaces, the hazards in those
spaces, and any previous efforts to
address those hazards).
Paragraph 1203(h)(2)(ii)(C) requires
the controlling contractor, before entry
operations begin, to share with each
specified entity any precautions or
procedures that the host employer,
controlling contractor, or any entry
employer implemented earlier for the
protection of employees working in
permit spaces.
29 CFR 1203(h)(3)—Pre-Entry
Information-Sharing Duties of Entry
Employers
This provision sets forth the
information-exchange requirements for
entry employers.

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29 CFR 1926.1203(h)(3)(i)
Paragraph (h)(3)(i) requires an entry
employer to obtain information about
the permit space entry operations from
the controlling contractor, and works
with paragraph 1203(h)(2), which
requires the controlling contractor to
share information about permit-space
entry operations with the entry
employer.
29 CFR 1926.1203(h)(3)(ii)
Paragraph (h)(3)(ii) requires an entry
employer to inform the controlling
contractor of the permit space program
that the entry employer will follow,
including information about any
hazards likely to be confronted or
created in each permit space. This
exchange must take place prior to entry
to ensure that the controlling contractor
is informed of all the hazards in a timely
manner and can take action, if needed,

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to prevent an accident or injury before
entry operations begin.
29 CFR 1926.1203(h)(4)—Coordination
Duties of Controlling Contractors and
Entry Employers
Paragraph 1203(h)(4) requires
controlling contractors and entry
employers to coordinate permit space
entry operations in two circumstances:
(1) when more than one entity performs
entry operations at the same time, or (2)
when permit space entry is performed at
the same time that any activities that
could foreseeably result in a hazard in
the permit space are performed.
29 CFR 1926.1203(h)(5)—Post-Entry
Duties of Controlling Contractors and
Entry Employers
Paragraph 1203(h)(5)(i) requires the
controlling contractor to debrief each
entity that entered a permit space, at the
end of entry operations, about the
permit space program followed, and any
hazards confronted or created in the
permit space(s) during entry operations,
and then, as required by paragraph
1203(h)(5)(iii), relay appropriate
information to the host employer.
Paragraph 1203(h)(5)(ii) requires the
entry employer to share the same
information with the controlling
contractor in a timely manner.
29 CFR 1926.1203(i)—Absence of a
Controlling Contractor
Paragraph 1203(i) provides that, in the
event no employer meets the definition
of a controlling contractor on a
particular worksite, the host employer
or other employer that arranges for
permit space entry work must fulfill the
information exchange and coordination
duties of a controlling contractor.
29 CFR 1926.1204—Permit Required
Confined Space Program
The agency requires each employer
with employees who will enter a permit
space to have and implement a written
permit space program at the
construction site (with the exception of
ventilation-only entries conducted in
accordance with § 1926.1203(e)). Also
see discussion of 29 CFR 1926.1203(d)
and 29 CFR 1926.1212(a), requirements
that pertain to the written program.
As required elements of the written
program, OSHA considers all provisions
of § 1926.1204 to be information
collection requirements: e.g., 1204(a)
(implementation of the measures
necessary to prevent unauthorized
entry); 1204(b) (identification and
evaluation of the hazards of PRCSs);
1204(c) (safe permit space entry
operations); 1204(d) (equipment);
1204(e) (evaluation of PRCS conditions

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during entry operations); 1204(f)
(attendant required); 1204(g) (attendant
emergency procedures); 1204(h)
(designation of entry operation duties);
1204(i) (summoning rescue and
emergency services procedures); 1204(j)
(system for cancellation of entry
permits, including safe termination of
entry operations); 1204(k) (entry
operation coordination procedures);
1204(l) (entry operation conclusion
procedures); 1204(m) (entry operation
review); and 1204(n) (permit space
program review). In addition, some
provisions of § 1926.1204 constitute
information collection requirements for
reasons other than inclusion in the
written program, as described below.
29 CFR 1926.1204(c), (g), (h), (i), (j), (k)
and (l))—Development of Procedures
Paragraph 1926.1204(c) requires an
employer to develop procedures needed
to facilitate safe entry operations into
permit spaces. The subparagraphs in
1204(c) provide specific elements of the
required procedures that employers
must include in the permit program:
identifying safe entry conditions that
employers must meet to initiate and
conduct the entry safely (paragraph
(c)(1)); providing each authorized
entrant with the opportunity to observe
monitoring or testing (paragraph (c)(2));
isolating the PRCS (paragraph (c)(3));
purging, inerting, flushing, or
ventilating the permit space (paragraph
(c)(4)); ensuring that monitoring devices
will detect an increase in atmospheric
hazard levels in the event that the
ventilation system malfunctions, and to
do so in adequate time for employees to
safely exit the space (paragraph (c)(5));
providing barriers to protect entrants
from external hazards (paragraph (c)(6));
verifying that conditions are acceptable
for entry and preventing employees
from entering the permit space with a
hazardous atmosphere unless
demonstrating that personal protective
equipment (PPE) will be effective for
each employee (paragraph (c)(7)); and
eliminating any conditions that could
make it unsafe to remove an entrance
cover (paragraph (c)(8)). Before entry is
authorized, each entry employer must
document the completion of these
measures by preparing an entry permit,
as required by paragraph 1926.1205(a).
Under paragraphs 1204 (g) through (l),
entry employers are also required to
develop procedures for: having an
attendant respond to emergencies
affecting multiple permit spaces
monitored (paragraph 1204(g));
specifying employees’ name, confined
space entry roles and duties (paragraph
1204(h)); summoning rescue and
emergency services, rescuing entrants

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from permit spaces, providing necessary
emergency services to rescued
employees, preventing unauthorized
personnel from attempting a rescue
(paragraph 1204(i)); cancelling entry
permits (paragraph 1204(j));
coordinating entry operations
(paragraph 1204(k)); and for terminating
an entry permit and entry operations
(paragraph 1204(l)).
29 CFR 1926.1204(c)(3) and
1203(e)(1)(i)—Lockout/Tagout
Paragraphs 1204(c)(3) and
1203(e)(1)(i) (for PRCSs using alternate
procedures) require tagging in
accordance with the definition of
‘‘isolate’’ or ‘‘isolation’’ (see paragraph
1202), which requires employers to
‘‘lockout or tagout . . . all sources of
energy.’’
29 CFR 1926.1204(e)(6)—Providing
Testing and Monitoring Results to
Employees
Paragraph 1204(e)(6) requires each
entry employer to immediately provide
the results of any testing conducted in
accordance with paragraph 1204 to each
authorized entrant or that employee’s
authorized representative.
29 CFR 1926.1204(m)—Review of Entry
Operations and Revision of Procedures
When Inadequate
Paragraph 1204(m) requires each
entry employer to review its permit
space program whenever the procedures
are inadequate, and to revise those
procedures when necessary.
29 CFR 1926.1204(n)—Annual Review
of Written Program
Paragraph 1204(n) requires each entry
employer to review its permit space
program at least every year and make
revisions to its procedures as necessary.
This provision requires an employer to
review cancelled permits within one
year after each entry.

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29 CFR 1926.1205—Permitting Process
An employer conducting a permit
space entry must post an entry permit
outside the permit space to document
the employer’s efforts to identify and
control conditions in that permit space.
Section 1205 sets forth the required
process for establishing entry permits
and § 1206 sets forth the required
specific information that must be
identified on the permit.
29 CFR 1926.1205(a)—Preparing an
Entry Permit
Paragraph 1205(a) requires each entry
employer to prepare, prior to entry into
a PRCS, an entry permit containing all
the information specified in

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§ 1926.1204(c) (practices and
procedures for ensuring safe entry).
29 CFR 1926.1205(b) and
1926.1210(b)—Signing the Permit
Paragraph 1205(b) requires the entry
supervisor to sign the permit before
entry begins. Similarly, paragraph
1926.1210(b) requires the entry
supervisor to verify that the employer
performed all tests specified by the
entry permit, and that all procedures
and equipment so specified are in place
before he or she may sign the permit
and allow entry. The paragraph also
specifies that the entry supervisor must
verify this information by checking that
the corresponding entries made on the
permit.
29 CFR 1926.1205(c)—Posting the
Permit
Paragraph 1205(c) requires an
employer to make the completed entry
permit available to all authorized
entrants, or their authorized
representatives, at the time each
employee enters the space, by posting it
at the entry portal or by any other
equally effective means, so that entrants
can confirm that pre-entry preparations
have been accomplished.
29 CFR 1926.1205(f)—Retaining the
Permit
Paragraph 1205(f) requires the
employer to retain each entry permit for
at least 1 year to facilitate the review of
the permit required by paragraph
1926.1204(n) of the Standard. Any
problems encountered during an entry
operation must be noted on the
pertinent permit so that appropriate
revisions to the permit space program
can be made. Employers should list the
problems encountered during entry
resulting in the cancellation or
suspension of a permit on the entry
permit.
29 CFR 1926.1206—Entry Permit
An employer conducting a permit
space entry must post an entry permit
outside the permit space to document
the employer’s efforts to identify and
control conditions in that permit space
(see § 1926.1205(c)).
29 CFR 1926.1206 (a)–(p) and 29 CFR
1926.1209(c)—Contents of the Permit
Paragraphs 1206(a)–(p) and
1926.1209(c) set forth the information
which must be identified on the permit.
Paragraph 1206(a) requires the employer
to identify the permit space workers are
planning to enter. Paragraph 1206(b)
requires the employer to record the
purpose of the entry. This information
must be sufficiently specific, such as

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identifying specific tasks or jobs that
employees are to perform within the
space, to confirm that the employer
considered performance of each specific
construction activity in the hazard
assessment of the PRCS. Paragraph
1206(c) requires the employer to record
the date and authorized duration of the
planned entry. Paragraph 1206(d)
requires the employer to record the
identity of the authorized entrants so
that the attendant is capable of safely
overseeing the entry operations.
Employers can meet this requirement by
referring in the entry permit to a system
such as a roster or tracking system used
to keep track of who is currently in the
PRCS. Under paragraph 1206(e), when a
permit program requires ventilation,
OSHA requires employers to ensure that
they have a monitoring system in place
that will alert employees of increased
atmospheric hazards in the event the
ventilation system stops working. (See
§ 1926.1204(c)(5).) This provision
requires the employer to record the
means of detecting an increase in
atmospheric-hazard levels if the
ventilation system stops working.
Paragraph 1206(f) requires the employer
to record the names of each attendant
required to be stationed outside each
permit space for the duration of entry
operations. Paragraph 1206(g) requires
the employer to record the name of each
employee currently serving as entry
supervisor. Paragraph 1206(h) requires
the employer to record the hazards
associated with the planned confined
space entry operations. This list must
include all hazards, regardless of
whether the employer protects the
authorized entrants from the hazards by
isolation, control, or PPE. Paragraph
1206(i) requires the employer to record
the measures used to isolate or control
the hazards prior to entry. Paragraph
1206(j) requires the employer to specify
the acceptable entry conditions.
Paragraph (j) also requires employers,
when applicable, to provide the
ventilation malfunction determinations
made in paragraph (c)(5) of § 1926.1204.
Paragraph 1206(k) requires the employer
to record the dates, times, and results of
the tests and monitoring performed
prior to entry, and the names or initials
of the individual/s who performed each
test. Employers also must include the
initial entry monitoring results on the
entry permit; these results serve as a
baseline for subsequent measurements.
Paragraph 1206(l) requires the employer
to identify the rescue and emergency
services required by the Standard, and
the means by which these services will
be summoned when needed. In some
cases, an employer must include

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pertinent information, such as
communication equipment and
emergency telephone numbers, on the
permit to sufficiently identify the means
by which the rescue services will be
summoned. Paragraph 1206(m) requires
the employer to record all the methods
of communication used by authorized
entrants and attendants during entry
operations. Paragraph 1206(o) requires
the employer to record any additional
information needed to ensure safe
confined space entry operations.
Paragraph 1206(p) requires the
employer to record information about
any other permits, such as for hot work,
issued for work inside the confined
space. If the employer identifies
additional permits, these additional
permits may be, but are not required to
be, attached to the entry permit.
29 CFR 1926.1207(d)—Training Records
Under paragraph 1207(d), employers
must maintain training records. In
addition, the employer record must
contain the names of each employee
trained, the trainer’s name, and the
dates of training, and the employer must
make these records available for
inspection by employees and their
authorized representatives for the
period of time that the employee is
employed by the employer. This
documentation can take any form that
reasonably demonstrates the employee’s
completion of the training.
29 CFR 1926.1208—Duties of
Authorized Entrants

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29 CFR 1926.1208(c)/29 CFR
1926.1208(d)—Communicate With
Attendant
Paragraph 1208(c) requires an
employer to ensure that an authorized
entrant communicates effectively with
the attendant to facilitate the assessment
of entrant status and timely evacuation
as required by § 1209(f).
Paragraph 1208(d) requires an
employer to ensure that an authorized
entrant alerts the attendant whenever
one of the following circumstances in
paragraphs 1926.1208(d)(1)–(2) arises:
(1) There is a warning sign or symptom
of exposure to a dangerous situation; or
(2) the entrant recognizes a prohibited
condition. In some instances, a properly
trained authorized entrant may be able
to recognize and report his/her own
symptoms, such as headache, dizziness,
or slurred speech, and take the required
action. In other cases, the authorized
entrant, once the effects begin, may be
unable to recognize or report them. In
these latter cases, this provision requires
that other, unimpaired, authorized
entrants in the PRCS, who employers

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must properly train to recognize signs,
symptoms, and other hazard exposure
effects in other authorized entrants,
report these effects to the attendant.
29 CFR 1926.1209—Duties of
Attendants
29 CFR 1926.1209(e)—Communicate
with Authorized Entrants
Paragraph 1209(e) requires the
attendant to communicate with
authorized entrants as necessary to
assess and keep track of the entrants’
status and to notify entrants if
evacuation under paragraph
1926.1209(f) of the Standard is
necessary. Use of the word ‘‘assess’’
connotes an interactive duty in which
the attendant may ask questions of the
entrant or ask the entrant to perform a
task so that the attendant can evaluate
the entrant’s status.
29 CFR 1926.1209(f)—Order Evacuation
Paragraph 1926.1209(f) requires the
attendant to assess the activities and
conditions inside and outside the space
to determine if it is safe for entrants to
stay in the space. OSHA requires the
attendant to evacuate the permit space
under any of the four ‘‘conditions’’
listed in paragraphs 1926.1209(f)(1)
through (f)(4): (1) the attendant notices
a prohibited condition, (2) the attendant
identifies the behavioral effects of
hazard exposure in an authorized
entrant, (3) there is a condition outside
the space that could endanger the
authorized entrants, or (4) the attendant
cannot effectively and safely perform
the duties required under § 1926.1209. If
the attendant notices a condition or
activity outside the space not addressed
by the entry coordination procedures,
then the attendant or entry supervisor
could, directly or through the
controlling contractor, seek to correct
the condition or stop the activity (such
as described in the example above). If
the attendant cannot address the
situation immediately, then the
attendant must order the entrants to
evacuate the permit space until the
employer resolves the problem.
29 CFR 1926.1209(g)—Summon Rescue
Services
Paragraph 1209(g) requires the
attendant to call upon rescue and other
emergency services as soon as he or she
decides that authorized entrants may
need assistance to escape from permit
space hazards.
29 CFR 1926.1209(h)—Entry Employer
Duties
Paragraph 1209(h) requires the
attendant to take the actions specified in
§ 1926.1209(h)(1) through (h)(3) to

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prevent unauthorized persons from
entering a permit space while entry is
taking place.
29 CFR 1926.1209(h)(1)—Warn NonAuthorized Entrants To Stay Away
If someone other than an authorized
entrant happens to approach the PRCS,
paragraph 1209(h)(1) specifies that the
attendant must make that individual
aware that he/she must stay away from
the PRCS. Some construction sites may
be accessible to the public, so the
attendant also would be responsible for
warning members of the public who
may attempt to enter a permit space at
the site.
29 CFR 1926.1209(h)(2)—Advise NonAuthorized Entrants To Exit the PRCS
Immediately
Paragraph (h)(2) requires the
attendant, should an unauthorized
person enter the PRCS, to advise him/
her to exit the space immediately.
29 CFR 1926.1209(h)(3)—Notify the
Entry Supervisor of Unauthorized
Persons in the PRCS
Paragraph (h)(3) requires the
attendant to notify the entry supervisor,
along with the authorized entrants, of
unauthorized persons who have entered
the PRCS.
29 CFR 1926.1210—Duties of Entry
Supervisors
Paragraph 1210(b) is described above
in the discussion of paragraph 1205(a).
Paragraph 1210(d) is described below in
the discussion of paragraph 1211(c).
29 CFR 1926.1211—Rescue and
Emergency Services
29 CFR 1926.1211(a)(1) and (a)(2)—
Assess Prospective Rescue Service’s
Response Abilities
Paragraph 1211(a)(1) requires an
employer to assess a prospective rescue
service’s ability to respond to a rescue
summons in a timely manner. Paragraph
1211(a)(2) requires an employer to
assess a prospective rescue service’s
ability to provide adequate and effective
rescue services. In evaluating a
prospective rescue provider’s ability,
the employer also must consider the
willingness of the service to become
familiar with the particular hazards and
circumstances faced during its permit
space entries. Paragraphs (a)(4) and
(a)(5) of § 1926.1211 require the
employer to provide its designated
rescuers with information about its
confined spaces and access to those
spaces to allow the rescuers to develop
appropriate rescue plans and to perform
rescue drills.

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45024

Federal Register / Vol. 89, No. 100 / Wednesday, May 22, 2024 / Notices

29 CFR 1926.1211(a)(4)—Communicate
With Rescue Services

29 CFR 1926.1212—Employee
Participation

Paragraph 1211(a)(4) requires an
employer to inform the designated
rescue service of the known hazards
associated with the permit space in the
event that a rescue becomes necessary.
To meet the requirements of this
provision, the employer would have to
inform the rescue service prior to
issuing a permit that the employer
selected the service to rescue its
employees in the event of an emergency,
and that the employer is relying on the
rescue services to perform these rescues
when necessary. Compliance with this
paragraph, as well as with paragraphs
(a)(1) and (a)(2) of this section, often
requires the employer to provide this
information to the rescue service
immediately prior to each permit space
entry. Similarly, if an entry involves
hazards not usually encountered by the
rescue service, or hazards or a
configuration that would require the
rescue service to use equipment that it
does not always have available, then the
employer would have to notify the
rescue service of these hazards and
conditions prior to beginning the entry
operation.

29 CFR 1926.1212(a)—Consult With
Employees/Authorized Representatives
on Development and Implementation of
a Written Program

29 CFR 1926.1211(a)(5)—Develop a
Rescue Service Plan
Paragraph 1211(a)(5) requires an
employer to provide the designated
rescue team or service with access to all
permit spaces from which the rescue
may need to perform a rescue so that the
rescue team or service, whether inhouse or third party, can develop
appropriate rescue plans.
29 CFR 1926.1210(d) and 29 CFR
1926.1211(c)—Confirm Rescue Service
Availability
If an entry employer determines that
it will use non-entry rescue, it must
confirm, prior to entry, that emergency
assistance will be available in the event
that non-entry rescue fails. Likewise,
paragraph 1210(d) requires the entry
supervisor to verify that rescue services
are available, and that the means for
obtaining such services are operable.

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29 CFR 1926.1211(d)—Provide Safety
Data Sheet (SDS) to Treating Medical
Facilities
Paragraph 1211(d) requires an
employer to provide relevant
information about a hazardous
substance to a medical facility treating
an entrant exposed to the hazardous
substance if the substance is one for
which the employer must keep a SDS or
other similar information at the
worksite.

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Paragraph 1212(a) requires employers
to consult with affected employees and
their authorized representatives in the
development and implementation of the
written permit space program required
by § 1926.1203
29 CFR 1926.1212(b)—Employee Access
Paragraph 1212(b) requires that
affected employees and their authorized
representatives have access to all
information developed under this
standard. Other sections of this standard
already specifically require that
employers make information available
to employees and their representatives.
These provisions include
§§ 1926.1203(d) (written program);
1203(e)(1)(v) and (e)(2)(ix) (alternate
procedure certification); 1203(g)
(reclassification certification); 1204(e)(6)
(monitoring and testing results); 1205(c)
(completed permit); and 1207(d)
(training records).
29 CFR 1926.1213—Disclosure
Paragraph 1213 requires an employer,
who must retain documentation under
the Standard, to make this information
available to the Secretary of Labor, or a
designee, upon request. The request
from the Secretary or the Secretary’s
designee (for example, OSHA) may be
either oral or written.
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 to protect workers,
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 that OMB extend
the approval of the information
collection requirements contained in the
Confined Spaces in Construction

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Industry standard. There is no change in
burden hours. There was a
miscalculation in the last ICR for the
total number of responses (previous ICR
was recorded as 4,392,664 and should
be 4,389,056). But, this miscalculation
does not change the overall burden
hours for this current ICR package. The
costs are adjusted due to updated
calculations.
Type of Review: Extension of a
currently approved collection.
Title: Confines Spaces in Construction
Industry Standard.
OMB Control Number: 1218–0258.
Affected Public: Business or other forprofits.
Number ofRespondents: 32,510.
Total Responses: 4,389,056.
Frequency of Responses: On occasion.
Average Time per Response: Varies.
Estimated Total Burden Hours:
706,653.
Estimated Cost (Operation and
Maintenance): $1,100,529.
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 (fax); if your comments,
including attachments, are not longer
than 10 pages you may fax them to the
OSHA Docket Office at (202) 693–1648.
All comments, attachments, and other
material must identify the agency name
and the OSHA docket number for the
ICR (OSHA–2017–0014). You may
supplement electronic submissions by
uploading document files electronically.
Comments and submissions are
posted without change at https://
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 https://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this website. All
submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the https://
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 from the website, and for
assistance in using the internet to locate
docket submissions.

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Federal Register / Vol. 89, No. 100 / Wednesday, May 22, 2024 / Notices
V. Authority and Signature
James S. Frederick, Deputy 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. 8–2020 (85 FR 58393).
Signed at Washington, DC, on May 17,
2024.
James S. Frederick,
Deputy Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. 2024–11203 Filed 5–21–24; 8:45 am]
BILLING CODE 4510–26–P

FOR FURTHER INFORMATION CONTACT:

Occupational Safety and Health
Administration

Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S.
Department of Labor; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:

[Docket No. OSHA–2011–0196]

I. Background

Vinyl Chloride Standard; Extension of
the Office of Management and
Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements

The Department of Labor, as part of
the 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, 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
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 effort in obtaining
information (29 U.S.C. 657).
The following sections describe who
uses the information collected under
each requirement, as well as how they
use it.

DEPARTMENT OF LABOR

Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:

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 Vinyl Chloride
Standard.
DATES: Comments must be submitted
(postmarked, sent, or received) by July
22, 2024.
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.
Docket: To read or download
comments or other material in the
docket, go to https://
www.regulations.gov. Documents in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the websites.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office at (202)
693–2350 (TTY (877) 889–5627) for
assistance in locating docket
submissions.
SUMMARY:

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Instructions: All submissions must
include the agency name and OSHA
docket number (OSHA–2011–0196) for
the Information Collection Request
(ICR). OSHA will place all comments,
including any personal information, in
the public docket, which may be made
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.

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(A) Exposure Monitoring
(§ 1910.1017(d)) and (§ 1910.1017(n))
Paragraph 1910.1017(d)(2) requires
employers to conduct exposure
monitoring at least quarterly if the
results show that worker exposures are

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above the permissible exposure limit
(PEL), while those exposed at or above
the Action Level (AL) must be
monitored no less than semiannually.
Paragraph (d)(3) requires that employers
perform additional monitoring
whenever there has been a change in VC
production, process, or control that may
result in an increase in the release of
VC.
(B) Written Compliance Plan
(§§ 1910.1017(f)(2) and (f)(3))
Paragraph (f)(2) requires employers
whose engineering and work practice
controls cannot sufficiently reduce
worker VC exposures to a level at or
below the PEL to develop and
implement a plan for doing so.
Paragraph (f)(3) requires employers to
develop this written plan and provide it
upon request to OSHA for examination
and copying. These plans must be
updated annually.
(C) Respirator Program
(§ 1910.1017(g)(2))
When respirators are required, the
employer must establish a respiratory
protection program in accordance with
§ 1910.134, paragraphs (b) through (d)
(except (d)(1)(iii) and (d)(3)(iii)(B)(1)
and (2)) and (f) through (m). Paragraph
1910.134(c) requires the employer to
develop and implement a written
respiratory protection program with
worksite-specific procedures and
elements for required respirator use.
The purpose of these requirements is to
ensure that employers establish a
standardized procedure for selecting,
using, and maintaining respirators for
each workplace where respirators will
be used. Developing written procedures
ensures that employers develop a
respirator program that meets the needs
of their workers.
(D) Emergency Plan (§ 1910.1017(i))
Employers must develop a written
operational plan for dealing with
emergencies; the plan must address the
storage, handling, and use of VC as a
liquid or compressed gas. In the event
of an emergency, appropriate elements
of the plan must be implemented.
Emergency plans must maximize
workers’ personal protection and
minimize the hazards of an emergency.
(E) Medical Surveillance
(§ 1910.1017(k))
Paragraph (k) requires employers to
develop a medical surveillance program
for workers exposed to VC in excess of
the action level. Examinations must be
provided in accordance with this
paragraph at least annually. Employers
must also obtain, and provide to each

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