[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
