[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 45019-45025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11203]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0014]


Confined Spaces in Construction Industry Standard; Extension of 
the Office of Management and Budget (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 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.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman, 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 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.

[[Page 45020]]

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.
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 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 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 
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 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, 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 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.

[[Page 45021]]

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.
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, 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 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., 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 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 Sec.  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

[[Page 45022]]

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.

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.  
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 Sec.  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 Sec.  
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 
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 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 
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 Sec.  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

[[Page 45023]]

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

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 Sec.  
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 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 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 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 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 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 Non-Authorized 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 Sec.  
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.

[[Page 45024]]

29 CFR 1926.1211(a)(4)--Communicate With Rescue Services
    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 1926.1211(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 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 
1210(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 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.

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 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 Sec.  
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 
Sec. Sec.  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 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 for-profits.
    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.

[[Page 45025]]

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