[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Notices]
[Pages 11796-11802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04044]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0014]


Standard on Confined Spaces in Construction; 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.

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SUMMARY: OSHA solicits public comments concerning the proposal to 
extend the Office of Management and Budget's (OMB) approval of the 
information collection requirements contained in the Confined Spaces in 
Construction Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by 
April 27, 2021.

ADDRESSES: 
    Electronically: You may submit comments, including attachments, 
electronically at http://www.regulations.gov, the Federal eRulemaking 
Portal. Follow the instructions online for submitting comments.
    Docket: To read or download comments or other material in the 
docket, go to http://www.regulations.gov. Documents in the docket are 
listed in the http://www.regulations.gov index; however, some 
information (e.g., copyrighted material) is not publicly available to 
read or download through the website. All submissions, including 
copyrighted material, are available for inspection through the OSHA 
Docket Office. Contact the OSHA Docket Office for assistance in 
locating docket submissions.
    Instructions: All submissions must include the agency name and the 
OSHA docket number for this Federal Register notice (OSHA-2017-0014). 
OSHA will place comments and requests to speak, including personal 
information, in the public docket, which may be available online. 
Therefore, OSHA cautions interested parties about submitting personal 
information such as Social Security numbers and birthdates. For further 
information on submitting comments, see the ``Public Participation'' 
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney, 
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, 
telephone (202) 693-2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce 
paperwork and respondent (i.e., employer) burden, conducts a 
preclearance process to provide the public with an opportunity to 
comment on proposed and continuing information collection requirements 
in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 
3506(c)(2)(A)). This program ensures that information is in the

[[Page 11797]]

desired format, the reporting burden (time and costs) is minimal, the 
collection instruments are clearly understood, and OSHA's estimate of 
the information collection burden is accurate. The Occupational Safety 
and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes 
information collection by employers as necessary or appropriate for 
enforcement of the OSH Act, or for developing information regarding the 
causes and prevention of occupational injuries, illnesses, and 
accidents (29 U.S.C. 657). The OSH Act also requires OSHA to obtain 
such information with a minimum burden upon employers, especially those 
operating small businesses, and to reduce to the maximum extent 
feasible unnecessary duplication of effort in obtaining said 
information (29 U.S.C. 657).
    The 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.

29 CFR 1926.1203--General Requirements

29 CFR 1926.1203(b)(1)--Informing Employees of Permit Required Confined 
Spaces Dangers
    Paragraph (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 
(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 (b)(2) requires employers to inform, in a timely manner 
and in a manner other than posting, the employees' authorized 
representatives and the controlling contractor, of the hazards of 
confined spaces and the location of those spaces.
29 CFR 1926.1203(d)--Written Permit Space Program
    Paragraph (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 (e)(1) sets forth the six conditions that an employer 
must meet before the employees can enter a permit space under the 
alternate procedures specified in paragraph (e)(2).
    Paragraph (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 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 forced-air 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.
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    \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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    In addition, paragraph (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 (e)(2) (the procedures that employers 
must follow for permit space entries made under paragraph (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 (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 
Sec.  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 (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 (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, 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 Sec.  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

[[Page 11798]]

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 (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 
(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.
29 CFR 1926.1203(h)(2)(i)--Controlling Contractor Obtains Information 
From Host Employer
    Paragraph (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 (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 (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.
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 (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, 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 (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 (h)(5)(iii), relay appropriate 
information to the host employer. Paragraph (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 (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 Sec.  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 Sec.  1926.1204 to be information collection 
requirements: e.g., paragraphs (a) (implementation of the measures 
necessary to prevent unauthorized entry); (b) (identification and 
evaluation of the hazards of PRCSs); (c) (safe permit space entry 
operations); (d) (equipment); (e) (evaluation of PRCS conditions during 
entry operations); (f) (attendant required); (g) (attendant emergency 
procedures); (h) (designation of entry operation duties); (i) 
(summoning rescue and emergency services procedures); (j) (system for 
cancellation of entry permits, including safe termination of entry 
operations); (k) (entry operation coordination procedures); (l) (entry 
operation conclusion procedures); (m) (entry operation review); and (n) 
(permit space program review). In addition, some provisions of Sec.  
1926.1204 constitute information collection requirements for reasons 
other than inclusion in the written program, as described below.

[[Page 11799]]

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 (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 (g) through (l), entry employers are also required 
to develop procedures for: Having an attendant respond to emergencies 
affecting multiple permit spaces monitored (paragraph (g)); specifying 
employees' name, confined space entry roles and duties (paragraph (h)); 
summoning rescue and emergency services, rescuing entrants from permit 
spaces, providing necessary emergency services to rescued employees, 
preventing unauthorized personnel from attempting a rescue (paragraph 
(i)); cancelling entry permits (paragraph (j)); coordinating entry 
operations (paragraph (k)); and for terminating an entry permit and 
entry operations (paragraph (l)).
29 CFR 1926.1204(c)(3) and 1203(e)(1)(i)--Lockout/Tagout
    Paragraphs (c)(3) and (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 (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 (m) requires each entry employer to review the 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 (n) requires each entry employer to review the permit 
space program at least every year and make revisions to the procedures 
as necessary. This provision requires an employer to review cancelled 
permits within one year after each entry.

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 Sec.  
1926.1206 sets forth the required specific information that must be 
identified on the permit.
29 CFR 1926.1205(a)--Preparing an Entry Permit
    Paragraph (a) requires each entry employer to prepare, prior to 
entry into a PRCS, an entry permit containing all the information 
specified in Sec.  1926.1204(c) (practices and procedures for ensuring 
safe entry).
29 CFR 1926.1205(b) and 1926.1210(b)--Signing the Permit
    Paragraph (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 (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 (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 Sec.  
1926.1205(c)).
29 CFR 1926.1206 (a)-(p) and 29 CFR 1926.1209(c)--Contents of the 
Permit
    Paragraphs 1926.1206(a)-(p) and 1926.1209(c) set forth the 
information which must be identified on the permit. Paragraph (a) 
requires the employer to identify the permit space workers are planning 
to enter. Paragraph (b) requires the employer to record the purpose of 
the entry. This information must be sufficiently specific, such as 
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 (c) requires the employer to record the date and authorized 
duration of the planned entry. Paragraph (d) and paragraph 1209(c) 
require 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 (e), when a 
permit program requires ventilation, OSHA requires employers to ensure 
that they have a monitoring system in place

[[Page 11800]]

that will alert employees of increased atmospheric hazards in the event 
the ventilation system stops working. (See Sec.  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 (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 (g) requires the employer 
to record the name of each employee currently serving as entry 
supervisor. Paragraph (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 (i) requires the employer to record the measures used to 
isolate or control the hazards prior to entry. Paragraph (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 Sec.  1926.1204. 
Paragraph (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 (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 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 (m) requires the employer to record all the methods 
of communication used by authorized entrants and attendants during 
entry operations. Paragraph (o) requires the employer to record any 
additional information needed to ensure safe confined space entry 
operations. Paragraph (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 (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

29 CFR 1926.1208(c)) and 29 CFR 1926.1208(d)--Communicate With 
Attendant
    Paragraph (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 Sec.  
1209(f).
    Paragraph (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 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 (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 Sec.  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 above example). 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 (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 (h) requires the attendant to take the actions specified 
in Sec.  1926.1209(h)(1) through (h)(3) to prevent unauthorized persons 
from entering a permit space while entry is taking place.
29 CFR 1926.1209(h)(1)--Warn Non-Authorized Entrants to Stay Away
    If someone other than an authorized entrant happens to approach the 
PRCS, paragraph (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 Non-Authorized Entrants to Exit the PRCS 
Immediately
    Paragraph (h)(2) requires the attendant, should an unauthorized

[[Page 11801]]

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 (b) is described above in the discussion of paragraph 
1926.1205(a). Paragraph (d) is described below in the discussion of 
paragraph (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 (a)(1) requires an employer to assess a prospective 
rescue service's ability to respond to a rescue summons in a timely 
manner. Paragraph (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 abilities, the 
employer also must consider the willingness of the service to become 
familiar with the particular hazards and circumstances faced during the 
permit space entries. Paragraphs (a)(4) and (a)(5) of Sec.  1926.1211 
require the employer to provide the designated rescuers with 
information about the confined spaces and access to those spaces to 
allow the rescuers to develop appropriate rescue plans and to perform 
rescue drills.
29 CFR 1926.1211(a)(4)--Communicate With Rescue Services
    Paragraph (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 the 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 1926.1211(a)(5)--Develop a Rescue Service Plan
    Paragraph (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 in-house 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 
(d) requires the entry supervisor to verify that rescue services are 
available, and that the means for obtaining such services are operable.
29 CFR 1926.1211(d)--Provide Safety Data Sheet (SDS) to Treating 
Medical Facilities
    Paragraph (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.

29 CFR 1926.1212--Employee Participation

29 CFR 1926.1212(a)--Consult With Employees/Authorized Representatives 
on Development and Implementation of a Written Program
    Paragraph (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 Sec.  
1926.1203.
29 CFR 1926.1212(b)--Employee Access
    Paragraph (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 Sec. Sec.  1926.1203(d) 
(written program); 1926.1203(e)(1)(v) and (e)(2)(ix) (alternate 
procedure certification); 1926.1203(g) (reclassification 
certification); 1926.1204(e)(6) (monitoring and testing results); 
1926.1205(c) (completed permit); and 1926.1207(d) (training records).

29 CFR 1926.1213--Disclosure

    Paragraph 1926.1213 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, 
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

    The agency requests approval for an adjustment increase of 
47,047.02 burden hours (from 660,103 to 707,150.02) to adjust for an 
increase in the estimated number of affected employers. For the same 
reason, the agency also requests approval for an increase of $82,670.19 
in capital costs (from $1,017,859 to $1,100,529.19) for signs, tags, 
and gas monitors.
    Type of Review: Extension of a currently approved collection.
    Title: Confined Spaces in Construction (29 CFR part 1926 subpart 
AA).
    OMB Control Number: 1218-0258.
    Affected Public: Business or other for-profits.
    Number of Respondents: 32,510.
    Frequency: Initially; Annually; On occasion.
    Average Time per Response: Varies.
    Estimated Number of Responses: 4,426,655.
    Estimated Total Burden Hours: 707,150.02.
    Estimated Cost (Operation and Maintenance): $1,100,529.19.

[[Page 11802]]

IV. Public Participation--Submission of Comments on This Notice and 
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows: 
(1) Electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please 
note: While OSHA's Docket Office is continuing to accept and process 
submissions by regular mail, due to the COVID-19 pandemic, the Docket 
Office is closed to the public and not able to receive submissions to 
the docket by hand, express mail, messenger, and courier service. All 
comments, attachments, and other material must identify the agency name 
and the OSHA docket number for the ICR (Docket No. OSHA-2017-0014). You 
may supplement electronic submissions by uploading document files 
electronically. If you wish to mail additional materials in reference 
to an electronic or facsimile submission, you must submit them to the 
OSHA Docket Office (see the section of this notice titled ADDRESSES). 
The additional materials must clearly identify electronic comments by 
your name, date, and the docket number so that the agency can attach 
them to your comments.
    Due to security procedures, the use of regular mail may cause a 
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting personal information such as social security numbers and 
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted 
material) is not publicly available to read or download through this 
website. All submissions, including copyrighted material, are available 
for inspection and copying at the OSHA Docket Office. Information on 
using the http://www.regulations.gov website to submit comments and 
access the docket is available at the website's ``User Tips'' link. 
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627) 
for information about materials not available through the website, and 
for assistance in using the internet to locate docket submissions.

V. Authority and Signature

    Amanda L. Edens, 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. 1-2012 
(77 FR 3912).

    Signed at Washington, DC, on February 19, 2021.
Amanda L. Edens,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-04044 Filed 2-25-21; 8:45 am]
BILLING CODE 4510-26-P


