[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Rules and Regulations]
[Pages 14218-14220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6526]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1915
[Docket No. S-050]
Confined and Enclosed Spaces and Other Dangerous Atmospheres in
Shipyard Employment
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Final rule; correction.
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SUMMARY: In the July 25, 1994, Federal Register OSHA published a
revised standard for Shipyard Employment, subpart B of 29 CFR part
1915, extending the previous requirements for work in explosive and
other dangerous atmospheres on ships to cover all work involving
confined or enclosed spaces or other dangerous atmospheres throughout
shipyard employment (59 FR 37816). With the present document, OSHA is
making corrections to the rule which include: clarifying the order of
testing before employees may enter a confined or enclosed space or
other dangerous atmosphere; clarifying when flammable atmospheres must
be maintained above the upper explosive limit during installation of
ventilation or rescue; and clarifying the limited locations and
conditions where hot work may be performed without first being
certified by a Marine Chemist. Several typographical errors are also
being corrected.
EFFECTIVE DATE: The final rule published on July 25, 1994, became
effective on October 24, 1994. These corrections are effective March
16, 1995.
FOR FURTHER INFORMATION CONTACT: Richard Liblong, Director, Office of
Information and Consumer Affairs, Occupational Safety and Health
Administration, Room N3647, U.S. Department of Labor, 200 Constitution
Ave., N.W., Washington, D.C. 20210 (202-219-8148).
SUPPLEMENTARY INFORMATION:
I. Correction to Sec. 1915.12--Precautions Before Entering Confined and
Enclosed Spaces and Other Dangerous Atmospheres
OSHA is correcting the section heading to Sec. 1915.12 to make
clearer the requirement that atmospheric testing must be done in the
order set forth in the standard (i.e., oxygen content, then
flammability, and then toxicity).
In the preamble to the final rule OSHA explained how the section
was being reformatted to address the order of atmospheric testing to be
conducted when determining hazards within confined and enclosed spaces
and other dangerous atmospheres prior to entry (59 FR 37830). The
Agency stated explicitly in the preamble to paragraphs (a), (b), and
(c) of Sec. 1915.12 that atmospheres must be tested for oxygen content
first, flammability second, and toxicity third (59 FR 37831). However,
the section heading did not include the sequence of testing, and the
specific introductory statement requiring atmospheric testing to be
conducted in the proper sequence was inadvertently omitted from the
regulatory text. The insertion of the sequence of testing into the
section heading and the addition of the introductory text to
Sec. 1915.12 brings the section into conformance with the rulemaking
record, the preamble explanation, and OSHA's intent.
II. Correction to Sec. 1915.12(b)--Flammable Atmospheres
In the previous standard covering entry into spaces containing
flammable atmospheres, Sec. 1915.12(d), employees were allowed to
perform work of brief duration in atmospheres containing concentrations
of flammable contaminants as long as the concentrations remained above
the upper explosive limit (UEL) and the requirements of
Sec. 1915.152(a) and (b), Respiratory protection, were followed. That
allowance was continued in the proposed revision to subpart B,
Sec. 1915.12(d), Work of brief duration (53 FR 48108). In the final
standard, which permits such entry only to set up ventilation or for
rescue, OSHA carried over the condition that the flammable
contaminant(s) be maintained above the UEL (59 FR 37858).
Unfortunately, the wording of this condition could be construed to
require that levels of atmospheric contaminants in a space actually be
increased to a level above the UEL prior to ventilation start-up or
rescue so that they may be maintained above the UEL. OSHA did not
intend the rule to require this. When the atmosphere is below the UEL
(but above [[Page 14219]] the lower explosive limit) the addition of
flammable contaminants to a space prior to rescue or ventilation set-up
to exceed the UEL could increase both the atmospheric hazards to
employees and the time needed for rescue. Only atmospheres that are
already at or above the UEL are to be maintained at those levels. To
prevent confusion regarding when an employer must maintain the level of
contaminants above the UEL, OSHA is correcting Sec. 1915.12(b)(3)(iii).
III. Correction to Sec. 1915.14--Hot Work
In paragraph (a)(1)(iv) of Sec. 1915.14, OSHA has provided an
exception to the general rule that certain atmospheres in spaces must
be tested and certified by a Marine Chemist before hot work may be
done. The exception provides that some atmospheres where hot work is to
be performed may, instead, be tested by a Competent Person. OSHA is
correcting the exception to specify the spaces to which the exception
applies and adding a note for further clarification.
It was OSHA's intent to extend the requirements of existing subpart
B to all shipyard employment, making changes only where necessary to
clarify the language and correct requirements that were inappropriate.
In bringing forward the requirements on hot work, however, OSHA
incorrectly omitted the reference to the scope of the existing
exception which included dry cargo, miscellaneous and passenger
vessels. The exception did not apply to tank vessels because of the
seriousness of the hazards associated with the flammability or
combustibility of tanker vessel cargo. However, OSHA intended the dry
cargo, miscellaneous and passenger vessels exception to apply to all
landside spaces as well, because their configuration and the conditions
found within these spaces are similar to those on the dry cargo,
miscellaneous and passenger vessels. Therefore, OSHA is correcting the
paragraph to make it clear that the exception does not apply to hot
work performed on tank vessels. This is consistent with the previous
standard and OSHA's intent.
OSHA has also added a note to make it clear that hot work which
does not need to be certified by a Marine Chemist (i.e., work in spaces
adjacent to spaces that contain liquids with a flash point above
150 deg. F (65.6 deg. C)) still needs to be inspected and tested by a
competent person prior to beginning the hot work.
IV. Correction to Sec. 1915.15(e)
In Sec. 1915.15(e), OSHA requires testing to maintain a competent
person's findings. In order to make it clear that a visual inspection
is part of the testing, OSHA is correcting paragraph (e). This is
consistent with the testing requirements throughout the standard, the
rulemaking record, the preamble explanation, and OSHA's intent.
V. Typographical Corrections
Two provisions in subpart B of part 1915 contained minor
typographical errors. They are Sec. 1915.12 (d)(3)(ii) and (e)(1)(iii).
PART 1915--[CORRECTED]
1. The authority citation for part 1915 continues to read as
follows:
Authority: Sec. 41, Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 941); secs. 4,6,8, Occupational Safety and Health Act
of 1970 (29 U.S.C. 653, 655, 657); Sec. 4 of the Administrative
Procedure Act (5 U.S.C. 553); 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; 29 CFR Part 1911.
2. The text of 29 CFR part 1915, beginning at Sec. 1915.12, 59 FR
37858 is corrected as follows:
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Page, column Correction
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Sec. 1915.12
Section heading......... 59 FR 37858, 1st....... The section heading is corrected to read as follows:
``Precautions and the order of testing before entering
confined and enclosed spaces and other dangerous
atmospheres.''
Introductory text....... 59 FR 37858, 1st....... Add the following new introductory text after the section
heading: ``The employer shall ensure that atmospheric
testing is performed in the following sequence: oxygen
content, flammability, toxicity.''
Paragraph (b)(3)(iii)... 59 FR 37858, 3rd....... This paragraph is corrected to read as follows: ``(iii)
Atmospheres at or above the upper explosive limit are
maintained; and''
Paragraph (d)(3)(ii).... 59 FR 37859, 1st....... The word ``a'' that appears at the end of the first line is
corrected to read ``an''.
Note to paragraph 59 FR 37859, 2nd (sixth The word ``preforms'' that appears at the beginning of the
(e)(1)(iii). paragraph second line). second line is corrected to read ``performs''.
Sec. 1915.14
Paragraph (a)(1)(iv).... 59 FR 37860, 2nd....... This paragraph is corrected to read as follows:
``Exception: On dry cargo, miscellaneous and passenger
vessels and in the landside operations within spaces which
meet the standards for oxygen, flammability and toxicity in
Sec. 1915.12, but are adjacent to spaces containing
flammable gases or liquids, as long as the gases or liquids
have a flash point below 150 deg. F (65.6 deg. C) and the
distance between such spaces and the work is 25 feet (7.5m)
or greater.''
Note: For flammable liquids with flash points above 150 deg.
F (65.6 deg. C), see paragraph (b) of this section.
Sec. 1915.15
Paragraph (e)........... 59 FR 37861, 1st....... Correct the paragraph to read as follows: ``(e) Tests to
maintain a competent person's findings. After a competent
person has conducted a visual inspection and tests required
in Secs. 1915.12, 1915.13, and 1915.14 of this part and
determined a space to be safe for an employee to enter, he
or she shall continue to test and visually inspect spaces as
often as necessary to ensure that the required atmospheric
conditions within the tested space are maintained.''
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VI. Authority
This document was prepared under the direction of Joseph A. Dear,
Assistant Secretary of Labor for the Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue,
N.W., Washington, D.C. 20210.
List of Subjects in 29 CFR Part 1915
Confined spaces, Emergency medical services, Hazardous substances,
Marine [[Page 14220]] safety, Occupational Safety and Health, Signs and
symbols, Vessels, Welding.
The actions in this document are taken pursuant to sections 4, 6,
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.
Joseph A. Dear,
Assistant Secretary of Labor.
[FR Doc. 95-6526 Filed 3-15-95; 8:45 am]
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