[Federal Register Volume 59, Number 227 (Monday, November 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29117]


[Federal Register: November 28, 1994]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-019A]
RIN 1218-AA51


Permit Required Confined Spaces

AGENCY: Occupational Safety and Health Administration (OSHA), U.S. 
Department of Labor.

ACTION: Notice of proposed rulemaking.

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SUMMARY: OSHA issued a general industry standard on Permit-Required 
Confined Spaces (permit spaces) on January 14, 1993 (58 FR 4462). The 
standard became effective on April 15, 1993.
    On March 15, 1993 the United Steelworkers of America, AFL-CIO/CLC 
(USWA) petitioned the United States Court of Appeals for the 11th 
Circuit for judicial review of the final permit space standard under 
section 6(f) of the Occupational Safety and Health Act. In particular, 
the USWA contended that Sec. 1910.146(k)(2), which addresses the rescue 
of permit space entrants by outside (off-site) rescue services, was 
vague and ineffective. The USWA also noted that the permit space 
standard lacks a provision which would provide employees or their 
designated representative the opportunity to observe any monitoring or 
testing required by the standard.
    The language of Sec. 1910.146(k)(3)(i), which specifies the point 
of attachment of a retrieval line to a permit space entrant, may be 
unnecessarily restrictive. The ADS Environmental Services Company, a 
contractor which performs work in sewers, has petitioned OSHA for a 
variance to paragraph (k)(3)(i). ADS has demonstrated that, for their 
operations, a point of attachment in front of the entrant at about mid-
shoulder level is adequate to meet OSHA's objective that an entrant 
present the smallest possible profile during removal.
    Based upon these concerns, OSHA is now proposing to revise 
paragraph (k) of Sec. 1910.146, to state more clearly the employer's 
duty to ensure effective rescue capability for employees who enter 
permit spaces and to allow more flexibility in the point of attachment 
of a retrieval line to an entrant. OSHA is also raising the issue of 
whether to add provisions to Sec. 1910.146 to provide affected 
employees, or their designated representatives, with the opportunity to 
observe the evaluation of confined spaces, including atmospheric 
testing or monitoring, and to have access to the results of such 
evaluations and monitoring.

DATES: Written comments and information on this proposed revision must 
be postmarked by February 27, 1995.
    Requests for public hearings on this proposal must be postmarked by 
February 27, 1995.

ADDRESSES: Written comments and information on this proposed rule are 
to be submitted in quadruplicate to the Docket Office, Docket No. S-
019A, United States Department of Labor, Occupational Safety and Health 
Administration, Room N2634, 200 Constitution Avenue N.W., Washington, 
D.C. 20210, telephone (202) 219-7894. Written comments limited to 10 
pages or less in length also may be transmitted by facsimile to (202) 
219-5046, provided that the original and 3 copies are sent to the 
Docket Office thereafter. Comments, requests for hearings and 
information received may be inspected and copied in the Docket Office.
    Requests for a public hearing on this proposal are to be sent in 
quadruplicate to Mr. Thomas Hall, Division of Consumer Affairs, 
Occupational Safety and Health Administration, Room N3649, 200 
Constitution Avenue N.W., Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT: Office of Information, Division of 
Consumer Affairs, U.S. Department of Labor, Room N3647, 200 
Constitution Avenue, N.W., Washington, D.C. 20210, (202) 219-8151.

SUPPLEMENTARY INFORMATION:

I. Background

    Many employees enter and work in spaces which, because of their 
configuration, difficulty of entry or other factors, pose increased 
risk of exposure to serious hazards. In January, 1993, OSHA promulgated 
a standard (Sec. 1910.146, 58 FR 4462, January 14, 1993) that requires 
employers to protect employees assigned to enter Permit-Required 
Confined Spaces (permit spaces) from these hazards. On June 29, 1993 
(58 FR 34844), OSHA published a notice which corrected typographical 
errors in the regulatory text and clarified several provisions of the 
permit space final rule and appendices. On May 19, 1994 (59 FR 26114), 
OSHA published a technical amendment to Sec. 1910.146 which added a 
metric equivalent to paragraph (k)(3)(ii) and further revised the 
``Atmospheric Monitoring'' section of non-mandatory Appendix E, ``Sewer 
System Entry.''
    The permit space standard provides a comprehensive regulatory 
framework within which employers can effectively protect employees who 
enter permit spaces. The standard provides for the establishment of 
written permit space programs, authorization of entry through written 
permits, and the implementation of measures (e.g., testing and 
monitoring of spaces, control of hazards, stationing of an attendant to 
monitor entry, employee training, and availability of rescue and 
emergency medical personnel) necessary for safe entry operations.
    On March 15, 1993 the United Steelworkers of America (USWA) filed a 
petition for judicial review of the final PRCS standard in the United 
States Court of Appeals for the 11th Circuit. On June 22, 1993, the 
USWA sent OSHA a letter (Ex. 1), which detailed their objections to the 
final PRCS standard. The USWA objections dealt, in part, with the 
provisions of existing Sec. 1910.146(k)(2), regarding the use of off-
site personnel to perform permit space rescues. These concerns are 
discussed more fully below.

II. Events and Considerations Leading to This Proposed Rule

A. Rescue and Emergency Services

    While compliance with the permit space standard will generally 
enable authorized entrants to enter and exit permit spaces safely, OSHA 
recognizes that there may be circumstances where hazards arise so 
quickly or unexpectedly that entrants need assistance in exiting a 
permit space. Paragraphs (d)(9) and (k) of the standard set 
requirements for the rescue and emergency services needed in such 
circumstances. Also, paragraph (h)(5) of the standard requires 
authorized entrants to initiate self-rescue where appropriate, and 
paragraphs (i)(6), (i)(7) and (i)(9) require attendants, where 
appropriate, to order evacuation of the permit space, to summon rescue 
and emergency services and to perform non-entry rescue. In promulgating 
the final rule (58 FR 4524), OSHA anticipated that compliance with 
these provisions would maximize the likelihood that authorized permit 
space entrants would be protected from death or serious injury should 
an emergency arise during entry operations.
    OSHA and the National Institute for Occupational Safety and Health 
have documented (58 FR 4465) that a majority of permit space fatalities 
have been would-be rescuers who entered permit spaces without the 
necessary training or equipment. The Agency believes that this 
information demonstrates the need for employers to implement rescue 
measures which protect rescuers from death or serious injury (58 FR 
4526). OSHA concluded, based on its review of the rulemaking record of 
the permit-space standard, that non-entry rescue involves the least 
danger for rescuers and that a retrieval system (body harness attached 
to a lifeline extending outside the permit space) will generally be the 
appropriate form of non-entry rescue.
    Accordingly, the Agency required, in paragraph (k)(3) of the permit 
space standard, that each authorized entrant wear a body harness with 
attached lifeline and that the lifeline be attached to a secure 
anchorage point outside the permit space, except where the employer can 
establish that the use of a retrieval system would increase the overall 
risk of entry or would not contribute to the rescue of the entrant. 
OSHA anticipated that the retrieval system, where used, would enable a 
rescuer (either the permit space attendant or personnel summoned by the 
attendant) to extricate an entrant without being exposed to permit 
space hazards.
    OSHA recognized that the use of a retrieval system will be 
infeasible in some instances. Accordingly, Sec. 1910.146 also contains 
requirements pertaining to rescuers who enter permit spaces to perform 
rescues, in paragraphs (k)(1) and (k)(2) of the final rule. These 
requirements were included to ensure that designated rescuers were 
adequately trained and equipped to safely (for both authorized entrants 
and the rescuers themselves) perform effective rescues.
    Paragraph (k)(1) applies to employers, such as fire departments and 
contract rescue services, whose employees will perform rescue at other 
employers' workplaces, as well as to employers who have their own 
employees perform rescues. OSHA recognizes that many employees who 
perform rescue are not employees of the host employer. In addition, 
fire department and other public sector rescue service employees are 
only covered by OSHA standards in State Plan States. Section 3(5) of 
the OSH Act (29 U.S.C. 652) provides that the term ``employer'' does 
not include the United States or any State or political subdivision of 
a State. For States which administer approved OSHA state plans, section 
18(c)(6) of the OSH Act provides that State and local government 
employees in State Plan States are covered by the State OSHA standard 
equivalents to the Federal OSHA standards. OSHA believes, based on the 
number of informal inquiries received, that many State and local 
governmental entities whose employees provide rescue services for 
permit spaces are already voluntarily complying with the provisions of 
Sec. 1910.146(k)(1) even where there is no legal requirement to do so.
    The ability of rescue and emergency services to provide timely and 
effective assistance to authorized entrants is a critical element of 
compliance with paragraphs (d)(9) and (k) of the standard. Under the 
permit space standard, affected employers can set up their own 
employee-staffed rescue services or arrange to have persons other than 
their own employees provide rescue services. As discussed in the 
preamble to the final rule (58 FR 4524), OSHA anticipates that a rescue 
and emergency service composed of an employer's own employees will 
usually have a faster response to a rescue summons than a rescue 
service composed of persons other than the employer's own employees 
because the employer's own rescuers are far more likely to be ``on-
site.'' Accordingly, the Agency believes that it is appropriate to use 
a rescue service composed of persons other than on-site employees only 
when there is reasonable assurance that the designated rescuers can 
effectively respond to a rescue summons in a timely fashion.
    OSHA notes that it also may be feasible for an employer to select a 
mix of on-site and off-site (or a mix of employee and non-employee) 
rescue capabilities for that employer's particular circumstances. The 
provisions of existing Sec. 1910.146(k) do not preclude such 
arrangements. The standard requires simply that employers plan ahead 
for rescue and ensure that an adequate rescue capability is in place 
for permit space entries.
    Paragraph (k)(2) of the standard applies to employers who arrange 
to have persons other than their own employees provide permit space 
rescue and emergency services. Paragraph (k)(2) requires affected 
employers to inform the rescue service of the hazards they may confront 
when called upon to perform rescue at the host employer's facility and 
to provide the rescue service with access, for planning and practice 
rescue purposes, to all permit spaces from which rescue may be 
necessary.
    Paragraph (d)(9) of the standard requires employers to ``Develop 
and implement procedures for summoning rescue and emergency services, 
for rescuing entrants from permit spaces (emphasis added), for 
providing necessary emergency services to rescued employees, and for 
preventing unauthorized personnel from attempting a rescue.'' OSHA 
believes that the requirements of paragraph (d)(9), in conjunction with 
the requirements of paragraph (k), place a responsibility on employers 
to take whatever actions are necessary to provide for the effective 
rescue of authorized entrants from permit spaces. Further, OSHA 
believes that any host employer who fails to consider such factors as 
the response time, equipment and state of training of rescue services 
not composed of the host employer's own employees, when an employer 
chooses to arrange for such services, is not complying with paragraphs 
(d)(9) and (k).
    In their June 22, 1993 letter to OSHA, the USWA contended that 
existing Sec. 1910.146(k)(2) does not specifically address the 
timeliness with which a rescue service must respond to a rescue 
summons. The USWA believes that such an omission permits the host 
employer to arrange for the use of a rescue service without any 
consideration of the rescue service's capability to respond in a timely 
manner. According to the USWA, this situation would very likely result 
in the death or serious injury of authorized entrants, because there 
would be no assurance that the rescue service could arrive in time to 
perform an effective rescue.
    In addition, the USWA stated that the standard fails to include any 
meaningful provisions dealing with accountability for the adequacy of a 
non-host employer rescue service. Thus, they believe, an employer could 
avoid responsibility for the adequacy (e.g., the equipping and 
training) of rescue and emergency services. Further, the USWA contends 
that existing Sec. 1910.146(k)(2) discourages employers from providing 
an employee-staffed on-site rescue service and encourages the 
disbanding of any such existing rescue services.
    The USWA concluded, based upon the above stated concerns, that the 
permit space standard should require that all host employers establish 
and use rescue services composed only of their own employees.
    As has been discussed, OSHA believes that the final rule does 
address the need for the host employer to consider timeliness of rescue 
and accountability in its selection of outside rescue services. 
However, the Agency recognizes that these areas of the standard may not 
have been set forth with sufficient clarity or specificity in the 
regulatory text. Therefore, OSHA is proposing to revise paragraph 
(k)(2) so that the standard more clearly states what an employer must 
do when it arranges to have persons other than its own employees 
provide permit space rescue and emergency services. (See Section III., 
Summary and Explanation of the Proposed Revision.)

B. Retrieval Systems

    Paragraph (k)(3)(i) of the final standard contains a provision 
requiring that retrieval systems employ a retrieval line which is 
attached at the center of the entrant's back near shoulder level or 
above the entrant's head. In the final standard's preamble (58 FR 4531) 
the reason given for specifying the attachment point for the retrieval 
line is ``so that the entrant will present the smallest possible 
profile during removal, in case a rescue becomes necessary.'' It has 
come to OSHA's attention that the language of paragraph (k)(3)(i) may 
be unnecessarily restrictive. The ADS Environmental Services Company, a 
contractor which provides flow monitoring services in sewers, has 
requested that OSHA grant a variance (Ex. 2) from the requirement that 
the point of attachment either be centered near the entrant's back near 
shoulder level or overhead. For operational purposes, the ADS Company 
attaches the retrieval line in front of the entrant at about mid-
shoulder level. ADS has satisfactorily demonstrated that their method 
of retrieval line attachment is equally as effective as the two methods 
specified in the existing OSHA standard in meeting the stated objective 
of presenting the smallest possible entrant profile during removal. 
Accordingly, and in keeping with the Agency's goal of stating standards 
in performance-oriented language to the extent reasonable, OSHA 
believes it is appropriate to amend Sec. 1910.146(k)(3)(i) to permit 
any point of attachment of a retrieval line to a chest or full body 
harness which meets the goal of presenting the smallest possible 
entrant profile during removal from a permit space.

C. Employee Participation in Exposure Monitoring

    In addition to suggesting changes to the rescue provisions, the 
USWA also stated, in its June 22, 1993 letter, (Ex. 1) that the Permit 
Space standard should contain a provision which requires that affected 
employees, or their designated representatives, be permitted to observe 
any exposure monitoring required by the standard. The USWA contends 
that the inclusion of such a provision is required by section 8(c)(3) 
of the Act, and that such a provision is routinely placed in all of 
OSHA's chemical-specific standards.
    In response to a comment from the United Auto Workers (UAW) (Ex. 
19-38), Issue 3 of the Hearing Notice (54 FR 41462) requested input 
regarding worker participation in the design and implementation of a 
Permit Space program. As discussed in the final rule (58 FR 4484-85) 
most of the comments and testimony received expressed general support 
for the concept of employee participation, but did not provide specific 
suggestions as to how that participation should be implemented. In 
responding to Issue 3, the UAW testimony at the public hearings 
repeated their NPRM recommendation that the permit space standard 
require active employee participation in the design and implementation 
of permit space programs, while adding a suggestion that employers 
provide employees with an opportunity to observe the monitoring of 
permit spaces (Chicago Tr. 347). In its post hearing brief (Ex. 142), 
the UAW repeated the suggestion for observation of monitoring without 
elaboration.
    OSHA did not include specific requirements for employee 
participation in the final rule because the Agency believed it would be 
very difficult to mandate labor-management collaboration and to 
determine how disagreements would be resolved. In addition, OSHA stated 
that employees would have input to the Permit Space program through 
Secs. 1910.146(d)(13) (review of permit space program) and (g)(2)(iv) 
(retraining when there are deviations from the permit space 
procedures).
    In response to the submission by the USWA, the Agency has agreed to 
raise an issue for comment regarding employee observation of 
monitoring. OSHA does not believe that section 8(c)(3) of the Act 
mandates the inclusion of a requirement for employee observation of 
monitoring in safety standards. However, the Agency is considering 
whether such a provision should be added to the permit space standard 
based on the concerns expressed and on the record developed as a result 
of this notice.
    Accordingly, OSHA requests comment from interested parties as to 
whether the Agency should revise Sec. 1910.146 by adding a requirement 
that affected employees, or their designated representatives, be 
permitted to observe the evaluation of confined space conditions, 
including any testing or monitoring conducted under the permit space 
standard. The Agency requests that commenters provide the reasons for 
their views, and requests the submission of any data or information 
which would be useful to OSHA in making an informed decision regarding 
this issue.
    The USWA also believes that the Permit Space standard should 
contain a provision which requires that the results of any evaluation 
of a permit space, including the results of any atmospheric monitoring 
conducted, be made available to employees or their designated 
representative. OSHA agrees that it is important that this information 
be made available to permit space entrants and believes that the 
existing permit space standard already includes provisions to assure 
that this objective is achieved. Existing Sec. 1910.146(f)(10) requires 
that the results of initial and periodic tests performed under existing 
Sec. 1910.146(d)(5) be entered on the entry permit, and existing 
Sec. 1910.146(e)(3) requires that the permit be made available to all 
authorized entrants at the time of entry.
    Accordingly, OSHA solicits comments regarding the issue of whether 
the existing standard provides adequate employee access to the results 
of testing and monitoring in permit spaces. The Agency also encourages 
interested parties who believe that the existing provisions are 
inadequate to provide suggestions regarding how OSHA can correct any 
such inadequacies. OSHA may decide, based upon the comments received 
concerning this issue, to add a provision or provisions to the permit 
space rule replacing or strengthening the current provisions.

III. Summary and Explanation of the Proposed Revision

    OSHA proposes to make several changes to paragraph (k)(2) of 
Sec. 1910.146 so that the standard will more clearly state the duties 
and responsibilities of employers (host employers) who arrange for 
persons other than their own employees to perform permit space rescue 
in their workplace. OSHA believes that the proposed changes will make 
it clearer that such employers must select rescue services which are 
capable of responding in a timely manner and which are properly 
trained, equipped and capable of functioning appropriately to perform 
permit space rescues at the host employer's facility.
    First, OSHA proposes to add the parenthetical ``(outside 
rescuers)'' between ``employees'' and ``perform'' in the introductory 
text of paragraph (k)(2), and to add the words ``ensure that'' to the 
end of the introductory text to paragraph (k)(2). That introductory 
text would then read:

    When an employer (host employer) arranges to have persons other 
than the host employer's employees (outside rescuers) perform permit 
space rescue, the host employer shall ensure that:

The parenthetical ``(outside rescuers)'' is proposed to be added to 
clarify and simplify what is meant by the phrase ``persons other than 
the host employer's employees''. The words ``ensure that'' at the end 
of the introductory text are proposed to be added to clarify and 
strengthen the requirements in paragraph (k)(2).
    Second, OSHA proposes to add new paragraphs (k)(2)(i) and 
(k)(2)(ii). Proposed new paragraph (k)(2)(i) specifically requires host 
employers to ensure that arranged-for rescue services can effectively 
respond in a timely manner to a rescue summons. The proposed paragraph 
clearly indicates that a host employer must take into account a rescue 
service's capability in terms of response time and may only select a 
rescue service which satisfies the pertinent criteria.
    Proposed new paragraph (k)(2)(ii) specifically requires host 
employers to ensure that arranged-for rescue services are equipped, 
trained and capable of functioning appropriately to perform permit 
space rescues at the host employer's facility. The proposed provision 
clearly indicates that host employers must evaluate a prospective 
rescue service's capabilities and verify that the needed capabilities 
are present before selecting that rescue service to perform permit 
space rescues. The host employer would be clearly prohibited from 
selecting any rescue service which does not meet the criteria of 
proposed (k)(2)(i) and (k)(2)(ii).
    Third, OSHA proposes to redesignate existing paragraphs (k)(2)(i) 
and (k)(2)(ii) as paragraphs (k)(2)(iii) and (k)(2)(iv), respectively. 
The language of these two provisions has been modified slightly to fit 
the revised introductory text of paragraph (k)(2), but no changes to 
the existing requirements have been made.
    OSHA emphasizes that the intent of proposed paragraphs (k)(2)(i) 
and (k)(2)(ii) is to clarify the existing requirements in paragraphs 
(d)(9) and (k)(2) of Sec. 1910.146, as these requirements have been 
interpreted by the Agency. As discussed earlier, OSHA believes that, 
even under the current rule, an employer must take timeliness and 
accountability into account if that employer is to have a truly 
effective rescue capability. The Agency acknowledges, as discussed in 
the preamble to the permit space standard (58 FR 4527), that the rescue 
provisions of the standard will not ensure that all incapacitated 
entrants will be successfully rescued from permit spaces. The fact that 
a host employer has done all that it can, before any arrangements for 
using an outside rescue service are finalized, to ensure that a rescue 
service is fully capable of performing a timely rescue at its workplace 
does not guarantee that an actual rescue attempt by that rescue service 
will be successful. Thus, OSHA's measurement of a host employer's 
compliance with proposed paragraphs (k)(2)(i) and (k)(2)(ii) will not 
be based solely upon a rescue service's actual performance during any 
single instance, but instead upon the host employer's total effort 
prior to arranging for an outside rescue service to ensure that the 
prospective rescue service is indeed capable, in terms of overall 
timeliness, training and equipment, of performing an effective rescue 
at the host employer's workplace.
    OSHA is also proposing to amend paragraph (k)(3)(i) so that the 
provision dealing with the point of attachment of a retrieval line 
becomes more performance-oriented. The existing provision requires that 
the point of attachment be either at the center of the entrant's back 
near shoulder level or above the entrant's head. OSHA specified those 
points of attachment because the Agency believed that their use would 
enable the entrant to present the smallest possible profile during 
retrieval. However, OSHA acknowledges that there may be circumstances 
under which alternate body harness attachment points may be at least as 
safe and effective as either of the specified locations. Accordingly, 
The Agency proposes to allow any other point of attachment which 
enables the entrant's body to present the smallest possible profile 
during retrieval. As amended, the first sentence of paragraph (k)(3)(i) 
would read as follows:

    Each authorized entrant shall use a chest or full body harness, 
with a retrieval line attached at the center of the entrant's back 
near shoulder level, above the entrant's head or other point which 
assures that the entrant will present the smallest possible profile 
during retrieval.

IV. Regulatory Impact Assessment

    As explained elsewhere, the Agency considers the new language a 
clarification of the existing standard, and not a new burden on 
employers. Therefore, the Agency believes no new costs are implied by 
this modification.

V. Federalism

    This proposed amendment has been reviewed in accordance with 
Executive Order 12612 (52 FR 31685, October 30, 1987) regarding 
Federalism. This order requires that agencies, to the extent possible, 
refrain from limiting State policy options and consult with States 
prior to taking any action. Agencies may act only when there is clear 
constitutional authority and the presence of a problem of national 
scope. The order provides for preemption of State law only if there is 
a clear congressional intent for the Agency to do so. Any such 
preemption is to be limited to the extent possible.
    Section 18 of the Occupational Safety and Health Act of 1970 
expresses Congress' clear intent to preempt State laws relating to 
issues on which Federal OSHA has promulgated occupational safety and 
health standards. Under the OSHA Act, a State can avoid preemption only 
if it submits, and obtains Federal approval of, a plan for the 
development of such standards and their enforcement. Occupational 
safety and health standards developed by such Plan-States must, among 
other things, be at least as effective in providing safe and healthful 
employment and places of employment as Federal Standards. Where such 
standards are applicable to products distributed or used in interstate 
commerce, they may not unduly burden commerce and must be justified by 
compelling local conditions (See Section 18(c)(2) of the OSHA Act).
    This proposed rule is drafted so that employees in every State will 
be protected by general, performance-oriented standards. To the extent 
that there are State or regional peculiarities caused by the terrain, 
the climate or other factors, States would be able, under the OSHA Act, 
to develop their own State standards to deal with any special problems. 
And, under the Act, if a State develops an approved State program, it 
could make additional requirements in its standards. Moreover, the 
performance nature of this standard, of and by itself, allows for 
flexibility by States and employers to provide as much safety as 
possible using varying methods consonant with conditions in each State.
    In short, there is a clear national problem related to occupational 
safety and health concerning entry into permit-required confined 
spaces. Those States which elect to participate under the statute would 
not be preempted by this regulation and would be able to address 
special, local conditions within the framework provided by this 
performance-oriented standard.

VI. Public Participation

    Written Comments: Interested persons are invited to submit written 
data, views and arguments with respect to this proposal. These comments 
must be postmarked by (February 27, 1995, in the Federal Register) and 
submitted to the Docket Office, Docket S-019A, room N2634, U.S. 
Department of Labor, Washington, DC 20210. Written submissions must 
clearly identify the issues or specific provisions of the proposal 
which are addressed and the position taken with respect to each issue 
or provision.
    The data, views and arguments that are submitted will be available 
for public inspection and copying at the above address. All timely 
submissions received will be made a part of the record of this 
proceeding.
    Hearing Requests: Additionally, under section 6(b)(3) of the OSHA 
Act and 29 CFR 1911.11, interested persons may file objections to the 
proposed amendment and request an informal hearing. The objections and 
hearing request should be submitted to the Docket Office at the above 
address and must comply with the following conditions:
    1. The objections and hearing requests must include the name and 
address of the objector;
    2. The objections and hearing requests must be postmarked on or 
before February 27, 1995;
    3. The objections and hearing requests must specify with 
particularity the provisions of the proposed amendment to which 
objection is taken and must state the grounds therefore;
    4. Each objection and hearing request must be separately stated and 
numbered, and;
    5. The objections and hearing requests must be accompanied by a 
detailed summary of the evidence proposed to be adduced at the 
requested hearing.

VII. State Plan States

    The 25 States and territories with their own OSHA-approved 
occupational safety and health plans must adopt a comparable amended 
standard within six months of the publication date of a final standard. 
These 25 States and territories are: Alaska, Arizona, California, 
Connecticut (for State and local government employees only), Hawaii, 
Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New 
Mexico, New York (for state and local government employees only), North 
Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, 
Vermont, Virginia, Virgin Islands, Washington and Wyoming. Until such 
time as a State standard is promulgated, Federal OSHA will provide 
interim enforcement assistance, as appropriate, in these states.

VIII. List of Subjects in 29 CFR Part 1910

    Confined spaces, Monitoring, Occupational safety and health, 
Personal protective equipment, Rescue equipment, Retrieval lines, 
Safety.

IX. Authority

    This document was prepared under the direction of Joseph A. Dear, 
Assistant Secretary of Labor for Occupational Safety and Health, U.S. 
Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 
20210.
    Accordingly, pursuant to sections 4, 6(b) and 8 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of 
Labor's Order No. 1-90 (55 FR 9033) and 29 CFR part 1911, OSHA proposes 
to amend Sec. 1910.146 of 29 CFR as set forth below.

    Signed at Washington, D.C. this 21st day of November 1994.
Joseph A. Dear,
Assistant Secretary of Labor.

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

    1. The authority citation for subpart J of part 1910 continues to 
read as follows:

    Authority: Secs. 4, 6, and 8, Occupational Safety and Health Act 
of 1970, 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 12-
71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 1-90 (55 
FR 9033), as applicable. Sections 1910.141, 1910.142, 1910.145, 
1910.146, and 1910.147 also issued under 29 CFR part 1911.

    2. Paragraphs (k)(2) and (k)(3)(i) of 29 CFR 1910.146 would be 
revised to read as follows:


Sec. 1910.146  Permit required confined spaces.

* * * * *
    (k) Rescue and emergency services. * * *
    (2) When an employer (host employer) arranges to have persons other 
than the host employer's employees (outside rescuer) perform permit 
space rescue, the host employer shall ensure that:
    (i) The outside rescuer can effectively respond in a timely manner 
to a rescue summons.
    (ii) The outside rescuer is equipped, trained and capable of 
functioning appropriately to perform permit space rescues at the host 
employer's facility.
    (iii) The outside rescuer is aware of the hazards they may confront 
when called on to perform rescue at the host employer's facility.
    (iv) The outside rescuer is provided with access to all permit 
spaces from which rescue may be necessary so that the outside rescuer 
can develop appropriate rescue plans and practice rescue operations.
    (3) * * *
    (i) Each authorized entrant shall use a chest or full body harness, 
with a retrieval line attached at the center of the entrant's back near 
shoulder level, above the entrant's head or other point which the 
employer can establish will ensure that the entrant will present the 
smallest possible profile during removal.
* * * * *
[FR Doc. 94-29117 Filed 11-25-94; 8:45 am]
BILLING CODE 4510-26-P