                           SUPPORTING STATEMENT FOR
                  THE INFORMATION COLLECTION REQUIREMENTS OF
        SUBPART A ("GENERAL PROVISIONS") AND SUBPART B ("CONFINED
                    AND ENCLOSED SPACES AND OTHER DANGEROUS
           ATMOSPHERES IN SHIPYARD EMPLOYMENT") (29 CFR PART 1915)
                     OFFICE OF MANAGEMENT AND BUDGET (OMB)
                     CONTROL NO. 1218-0011 (December 2020)

This ICR seeks to extend the authorization of the existing collection of information without change.

A. JUSTIFICATION

 1.  Explain the circumstances that make the collection of information necessary.  Identify any legal or administrative requirements that necessitate the collection.  Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The main purpose of the Occupational Safety and Health Act ("OSH Act") is to "assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources" (29 U.S.C. 651(b)).  To achieve this objective, the OSH Act specifically authorizes "the development and promulgation of occupational safety and health standards" (29 U.S.C 651).

Section 6(b)(7) of the OSH Act states that "[a]ny standard promulgated under this subsection shall prescribe the use of labels or other appropriate forms of warning as are necessary to ensure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure" (29 U.S.C. 655).  The OSH Act also specifies that "[e]ach employer shall make, keep and preserve, and make available to the Secretary . . . such records . . . as the Secretary . . . may prescribe by regulation as necessary or appropriate for the enforcement of the Act. . . ." (29 U.S.C. 657).

Under the authority granted by the OSH Act, the Occupational Safety and Health Administration ("OSHA" or "the Agency") adopted 29 CFR part 1915, subparts A ("General Provisions") and B ("Confined and Enclosed Spaces and Other Dangerous Atmospheres") for shipyard employment.  One provision in subpart A contains paperwork requirements (§1915.7).  Section 1915.7(b)(2) specifies that shipyard employers must maintain a roster of designated competent persons (for inspecting and testing spaces covered by subpart B) or a statement that a Marine Chemist will perform these inspections and/ tests.  Section 1915.7(d) requires employers: ensure that competent persons, marine chemists, and certified industrial hygienists (CIHs) make a record of each inspection and test they conduct, post the record near the covered space while work is in progress, and file the record for a specified period.  Also, employers must make the roster or statement and the inspection and test records available to designated parties on request.

Subpart B consists of several standards governing entry into confined and enclosed spaces and other dangerous atmospheres in shipyard employment.  These standards require that employers:

∙	Ensure that competent persons conduct inspections and atmospheric testing before workers entering a confined or enclosed space (§§1915.12(a) - (c));

∙	Warn workers not to enter hazardous spaces and other dangerous atmospheres (§§1915.12 (a)-(c) and §1915.16);

∙	Certify that workers who will be entering confined or enclosed spaces are trained (§1915.12(d) (5));

∙	Establish and train shipyard rescue teams or arrange for outside rescue teams and provide them with information on the hazards that they may encounter (§1915.12(e));

∙	Ensure that one person on each rescue team maintains a current first aid training certificate (§1915.12(e)(1)(iv));

∙	Exchange information regarding hazards, safety rules, and emergency procedures concerning these spaces and atmospheres with other employers whose workers may enter these spaces and atmospheres (§1915.12(f));

∙	Ensure testing of spaces having contained bulk quantities of combustible or flammable liquids or gases, and toxic, corrosive, or irritating substances before cleaning and other cold work are started and as necessary thereafter while the operations are ongoing (§1915.13(b)(2) and (4));

∙	Post signs prohibiting ignition sources within or near a space that has contained bulk quantities of flammable or combustible liquids or gases (§1915.13(b)(10));

∙	Ensure that confined and enclosed spaces and other dangerous atmospheres, boundaries of spaces or pipelines are tested before workers perform hot work in these work areas (§1915.14(a)(1));

∙	Post warnings of testing conducted by competent persons and certificates of testing conducted by a Marine Chemist or Coast Guard authorized person near the hot-work operation while the operation is in progress (§§1915.14(a) and (b)); and

∙Retain certificates of testing on file for at least three months after completing the operation (§1915.14(a)(2)).

Items 2 and 12 below describe in detail the specific information collection requirements of subparts A and B.

 2.  Indicate how, by whom, and for what purpose the information is to be used.  Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

GENERAL PROVISIONS (SUBPART A)

Competent Person (§1915.7)

Designation (§1915.7(b)); and Recordkeeping (§1915.7(d))

	Description of the requirements.  Paragraph (b)(2) states that employers must designate one or more competent persons to perform required inspections and tests unless a Marine Chemist will do so.  The paragraph also requires that employers maintain a roster of designated competent persons or a statement that a marine chemist will perform all required inspections and tests.  Also, employers are to ensure that the rosters contain, at a minimum, the employer's name, the name of the designated competent persons, and the date the workers completed training as a competent person.  If requested, employers must make the roster or statement available to workers, their representatives, OSHA compliance officers, and representatives from the National Institute for Occupational Safety and Health (NIOSH).

	Paragraph (d)(1) specifies that employers ensure that competent persons, Marine Chemists, and Certified Industrial Hygienists (CIHs) make a record of each inspection and test they conduct. The record of the inspection or test must contain the employer's location; time, date, location of the inspected space; the operations performed; test results; and any instructions.  Paragraph (d)(2) requires that employers post a record of tests and inspections performed near the space while work is in progress.  Employers must maintain the record for at least three months after work in the space is complete.  Also, paragraph (d)(3) requires that employers make the inspection and test records available, upon request, to workers, their representatives, OSHA compliance officers, and NIOSH.

	Use and purpose of the requirements.  Maintaining the required roster or statement as specified by paragraph (b) assures workers and OSHA that competent persons are performing the inspections and tests.  The recordkeeping requirement under paragraph (d) provides important information regarding the inspection and test results.  The information allows employers to implement atmospheric controls and other safety procedures to furnish workers with a safe and healthful workplace.  It also protects workers entering those spaces by identifying whether the required testing has been conducted and the instructions, controls, and procedures to follow.  The inspection and test records may be useful to NIOSH for research purposes.

CONFINED AND ENCLOSED SPACES AND OTHER DANGEROUS ATMOSPHERES IN SHIPYARD EMPLOYMENT (SUBPART B)

Precautions and the Order of Testing Before Entering Confined and Enclosed Spaces and Other Dangerous Atmospheres (§1915.12)

Oxygen Content (§§ 1915.12(a) (1) and (a)(2)); Flammable Atmospheres (§§1915.12(b)(1)) and (b)(2)); and Toxic, Corrosive, Irritant or Fumigated Atmospheres and Residues (§§1915.12(c)(1), (c)(2), and (c)(3))

	Description of the requirements.  Before a worker initially enters a space, paragraph (a)(1) requires employers to ensure that a competent person visually inspects and tests it to determine its atmospheric oxygen content.  Spaces subject to this requirement include:

	·  Sealed spaces such as, but not limited to, coated and closed up spaces, and freshly painted, non-ventilated spaces;

	·  Spaces that contain materials or residues of material that can create an oxygen-deficient atmosphere; spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases; or spaces that contain or previously contained toxic, corrosive, or irritant liquids, gases, or solids; and

	·   Spaces and adjacent spaces that have been fumigated.

	If the space has an oxygen-deficient atmosphere, paragraph (a)(2) specifies that employers must label the space "Not Safe for Workers."  For oxygen-enriched spaces, the label must read "Not Safe for Workers--Not Safe for Hot Work."  Employers must ventilate these spaces with a sufficient volume and flow rate to maintain the oxygen content at or above 19.5 percent and below 22.0 percent by volume, at which point they may remove the warning label.

	Under paragraph (b)(1), employers must have a competent person visually inspect and test spaces or adjacent spaces for combustible or flammable liquids or gases.  If the concentration of flammable vapors or gases in the space to be entered is detected to be equal to or greater than 10 percent of the lower explosive limit (LEL), paragraph (b)(2) specifies that the employer must label the space "Not Safe for Workers--Not Safe for Hot Work."  Employers must provide ventilation at a volume and flow rate that maintains the concentration of flammable vapors below 10 percent of the LEL; the employer may remove the warning label when the vapors reach this level.

	Paragraph (c)(1) mandates that if space or adjacent space contains or previously contained liquids, gases, or solids that are toxic, corrosive, or an irritant, employers must have a competent person visually inspect the space to determine whether these substances are present.  If so, the competent person must test the atmospheric concentration before a worker may enter the space. Under paragraph (c)(2), employers must label the space "Not Safe for Workers" if the air concentration of these substances exceeds the permissible exposure level (PEL), specified by 29 CFR 1915, subpart Z ("Toxic and Hazardous Substances"), or is immediately dangerous to
life or health (IDLH).  Employers must provide sufficient ventilation at a volume and flow rate to maintain the atmospheric concentration at or below the PEL or below the IDLH if there is no PEL, after which they may remove the warning labels.  Paragraph (c)(3) specifies that if, after ventilation, the concentrations remain above the PEL or are IDLH,  employers must have a Marine Chemist or CIH retest space until they can certify it as "Enter with Restrictions" or "Safe for Workers."

	Use and purpose of the requirements.  The records of inspections and tests provide employers with important information on whether controls and other safety procedures are working effectively and adequately to protect workers who enter confined or enclosed spaces.  The information also permits workers and OSHA to determine whether the required inspections and testing have been conducted and whether workers are protected.  Employers use the labels to warn workers not to enter hazardous spaces or, per paragraph (c)(3), that a space is safe to enter with or without restrictions.  In this regard, employers determine that space is hazardous based on visual inspections and tests showing that space or an adjacent space contains inadequate or excessive oxygen levels; combustible or flammable atmospheres; or toxic, corrosive, or irritant substances that can contaminate the atmosphere.  Accordingly, the labels prevent death or serious injury and illness among workers by reducing their exposure to these atmospheric hazards.

 Employee Training Certifications (§1915.12(d)(5))

	Under paragraph (d)(5), employers must certify that each worker received the required training per paragraphs (d)(1) through (d)(4).  Paragraphs (d)(1) through (d)(4) require employers to train workers who enter a confined and enclosed space or other dangerous atmospheres so they can perform their duties safely. The certification, which must be available for inspection by OSHA compliance officers, NIOSH, and workers and their representatives, must contain the worker's name, the name of the certifier, and the certification date.

	Use and purpose of the requirements.  Establishing and maintaining written certification of the training provided to each worker affords employers and OSHA compliance officers with an efficient means to verify that workers received the required training.  Workers and their representatives may use the certification to determine whether the employer has provided and accurately recorded the required training, while NIOSH may review the certifications for research purposes.

Rescue Teams (§1915.12(e))

	Description of the requirements.  Under paragraph (e), employers must establish a shipyard rescue team, or arrange for an outside rescue team that will respond promptly to a  request for rescue service.  For shipyard-based rescue teams, paragraph (e)(1) specifies that employers must provide and train team members to use personal protective equipment necessary to make a rescue, train each team member to perform his/her rescue functions, ensure that the team practices its skills at least annually, and have at least one person on a team maintain current first-aid certificate.  If employers use an outside rescue team, paragraph (e)(2) requires the employer to inform the members of the team of the hazards they may encounter when called to rescue workers from confined and enclosed spaces or other dangerous atmospheres at the shipyard facility.

	Use and purpose of the requirements.  Employers use the first aid certificates, required by paragraph (e)(1)(iv), to ensure that on-site rescue teams will be fully prepared to render first aid when needed.  Members of the outside rescue team use the hazard information provided by employers to implement the training and identify the equipment necessary to prevent or control exposure to atmospheric hazards during rescue operations.

Exchanging Hazard Information Between Employers (§1915.12(f))

	Description of the requirement.  If an employer has workers who work in confined and enclosed spaces or other dangerous atmospheres, this paragraph requires the employer to inform other employers whose workers may enter the same space about the hazards, safety rules, and emergency procedures concerning those spaces and atmospheres.

	Use and purpose of the requirement.  Employers who receive the information use it to protect their workers from the specified hazards, comply with and inform their workers about the safety rules already established at the shipyard, and implement emergency procedures if necessary.  Accordingly, the requirement prevents the exposure of their workers to the hazards that are present in the space.

Cleaning and Other Cold Work (§1915.13)

Requirements for Performing Cleaning and Cold Work (§1915.13(b))

	Description of the requirement.  Paragraph (b)(2) requires that a competent person test the concentration of flammable, combustible, toxic, corrosive, or irritant vapors within the confined or enclosed space before workers beginning a cleaning or cold work.  Paragraph (b)(3) specifies that continuous ventilation must be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapor is maintained below 10 percent of the LEL, and toxic, corrosive, or irritant vapors are maintained within the PELs and below IDLH levels.  Paragraph (b)(4) requires that the competent person conduct testing of the confined or enclosed space as often as necessary during cleaning or cold work to ensure that air concentrations remain at the levels specified in paragraph (b)(3).

	Paragraph (b)(7) requires that the competent person test ventilation discharge areas and other areas where discharge vapors may collect to determine whether those vapors are accumulating at concentrations that are hazardous to workers.  If accumulations are hazardous, all work in the contaminated areas must be stopped until the vapors have dissipated or been removed.

	Paragraph (b)(10) requires that employers post signs in a prominent location that prohibit sources of ignition within or near a space that previously contained bulk quantities of flammable or combustible liquids or gases.  Employers must post these signs at the entrance to space, in adjacent spaces, and the open area adjacent to those spaces.

	Use and purpose of the requirement.  The records of the periodic atmospheric testing provide employers with important information on whether the atmospheric controls and safety procedures are working effectively and adequately to protect workers during cleaning and cold work operations.  The information also helps employers determine if more frequent testing is necessary.  The information permits workers and OSHA to determine whether the required periodic testing has been performed and whether the employer's controls and procedures are providing adequate protection.  NIOSH may review the testing records for research purposes.  Employers use the signs required by paragraph (b)(10) to prevent workers from bringing sources of ignition into areas that may contain the residues of flammable or combustible liquids or gases.  Accordingly, the signs prevent inadvertent ignition of these residues, and death or serious injury among workers that could result from such ignition.

Hot Work (§1915.14)

Hot Work Requiring Testing by a Marine Chemist or Coast Guard Authorized Person
(§§1915.14(a)(1) and (a)(2))

	Description of the requirements.  Under paragraph (a)(1), employers must have a Marine Chemist or a U.S. Coast Guard authorized person to test and certify a work area as safe for hot work if the area is in or on any of the following confined and enclosed spaces and other dangerous atmospheres, boundaries of spaces, or pipelines:  within, on, or immediately adjacent to spaces that contain or previously contained combustible or flammable liquids or gases; within, on, or immediately adjacent to fuel tanks that contain or previously contained fuel; or pipelines, heating coils, pump fittings, or other accessories connected to spaces that contain or previously contained fuel.  Under paragraph (a)(2), employers must post the Marine Chemist or U.S. Coast Guard authorized person certificate near the hot-work operation while the operation is in progress.  On completion of the operation, they must file the certificate for at least three months.

	Use and purpose of the requirements.  Employers use the certificates as an efficient means of verifying that workers can perform hot work in work areas that are adjacent to spaces containing, or that previously contained, flammable liquids or gases.  Posting the certificates allows employers to notify workers of work areas that are safe for performing hot work.  Posting the certificates also allows workers and OSHA to verify whether the required testing has been conducted and whether the proper controls and procedures are in place to safely conduct hot work operations.  Retaining the certificates for at least three months verifies that the employer performed the correct tests if a worker shows symptoms of exposure to hazardous materials.

Hot Work Requiring Testing by a Competent Person (§§1915.14(b)(1) and (b)(2))

	Description of the requirements.  Paragraph (b)(1) specifies that no hot work is to be performed in dry cargo holds; bilges; engine rooms; boiler spaces; vessels and vessel sections; land-side confined and enclosed spaces; or other dangerous atmospheres not requiring certification by a Marine Chemist or Coast Guard authorized person until these spaces or adjacent spaces have been tested by a competent person and determined that they do not contain concentrations of flammable vapors equal to or greater than 10 percent of the lower explosive limit (LEL). If the concentration of flammable vapors or gases is equal to or greater than 10 percent of the LEL in these or adjacent spaces, paragraph (b)(2) specifies that the employer must label the space "Not Safe for Hot Work."  Employers must provide ventilation in the space at a volume and flow rate that maintains the concentration of flammable vapors below 10 percent of the LEL, after which they may remove the warning label.

	Use and purpose of the requirements.  Employers use the test records as an efficient means of verifying that workers can perform hot work in a specific space.  Posting the test results allows employers to notify workers of work areas that are safe for performing hot work.  Posting the results also allows workers and OSHA to verify whether the required testing has been conducted and whether the proper controls and procedures are in place to safely conduct hot work operations.  Employers use the labels to warn workers not to enter spaces containing hazardous levels of flammable vapors.  Accordingly, the labels prevent death or serious injury and illness among workers by reducing their exposure to these atmospheric hazards.

Maintenance of Safe Conditions (§1915.15)

Alteration of Existing Conditions (§1915.15(b))

	Description of the requirements.  If a change occurs that may alter the atmospheric conditions within a previously tested confined or enclosed space or another dangerous atmosphere (e.g., opening a manhole or other closures, adjusting a valve that regulates the flow of hazardous materials), paragraph (b)(2) requires employers to stop work in the affected space or work area.  Work may only resume after the affected space or area is visually inspected and retested and found to comply with the requirements of the subpart (§1915.12, §1915.13, and §1915.14).

	Use and purpose of the requirements.  The discussions under §§1915.12, 1915.13, and 1915.14 above explain the use and purpose of the paperwork requirements specified by these paragraphs.

Tests to Maintain the Conditions of a Marine Chemist's or Coast Guard Authorized Person's Certificates (§1915.15(c))

	Description of the requirements.  This paragraph requires employers to ensure that a competent person visually inspects and test each space certified as "Safe for Workers" or "Safe for Hot Work" as often as necessary to ensure that the atmospheric conditions in the space are maintained within the conditions established by the certificate issued by the Marine Chemist's or Coast Guard Authorized Person.

	Use and purpose of the requirements.  See the discussions under §§1915.12(c)(3) and 1915.14(a)(1) above for an explanation for the certification requirements.  Also, the records of periodic inspections and testing allow employers to determine whether testing is being done at appropriate intervals and whether more frequent testing may be necessary.

Change in the Conditions of a Marine Chemist's or Coast Guard Authorized Person's Certificates (§1915.15(d))

	Description of the requirement.  If a competent person finds that the atmospheric conditions in a certified space fail to meet the applicable requirements of the subpart, employers must stop work in the space until a Marine Chemist or Coast Guard authorized person retests space and issues a new certificate.

	Use and purpose of the requirement.  The discussion under §1915.14(a) above describes the use and purpose of the certificates required by this provision.

Tests to Maintain a Competent Person's Findings (§1915.15(e)), and Changes in the Conditions Determined by a Competent Person's Findings (§1915.15(f))

	Description of the requirements.  Paragraph (e) specifies that after a competent person conducts the required initial visual inspection and tests and determines that a space is safe for worker entry, employers must ensure that the required atmospheric conditions are being maintained by having a competent person continue to test and visually inspect the space as often as necessary.  Paragraph (f) specifies that if the atmospheric conditions do not meet the requirements of the subpart, employers must stop work in the space until conditions in the space are brought into compliance.

	Use and purpose of the requirements.  See the discussions of §§1915.12, 1915.13, and 1915.14 above for a description of the use and purpose of the paperwork requirements.  Also, the records of periodic inspections and testing allow employers to determine whether testing is being done at appropriate intervals and whether more frequent testing may be necessary.

Warning Signs and Labels (§1915.16)

	This section establishes protocols for preparing signs and labels required in this subpart to warn workers not to enter hazardous spaces and other dangerous atmospheres. However, the posting of such warning signs and labels does not impose burden hours.

 3.  Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection.  Also, describe any consideration of using information technology to reduce burden.

Employers may use automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology (e.g., electronic submission of responses), when establishing and maintaining the required records.  The Agency wrote the paperwork requirements of subparts A and B in performance-oriented language (i.e., in terms of what data to collect, not how to record the data).

 4.  Describe efforts to identify duplication.  Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item A.2 above.

The requirements to collect and maintain information are specific to each employer and worker involved, and no other source or agency duplicates these requirements or can make the required information available to OSHA (i.e., the required information is available only from employers).

 5.  If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The information collection requirements of subparts A and B do not have a significant impact on a substantial number of small entities.

 6.  Describe the consequence to federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The Agency believes that the information collection frequencies required by subparts A and B are the minimum frequencies necessary to effectively monitor the exposure and health status of shipyard workers who work in confined and enclosed spaces and other dangerous atmospheres, and, thereby, fulfill its mandate "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources" as specified by the OSH Act (29 U.S.C. 651).  Accordingly, if employers do not perform the required information collections, or delay in providing this information, shipyard workers will have an increased probability of entering spaces containing hazardous atmospheres, resulting in illness, injury, and death.

 7.  Explain any special circumstances that would cause an information collection to be conducted in a manner:

      ·  Requiring respondents to report information to the agency more often than quarterly;

      ·  Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

      ·  Requiring respondents to submit more than an original and two copies of any document;

      ·  Requiring respondents to retain records, other than health, medical, government contract, grant-in- aid, or tax records for more than three years;

      ·  In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

      ·  Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

      ·  That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

      ·  Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

No special circumstances exist that require employers to collect information in the manner or using the procedures specified by this item.  The information collection requirements are consistent with the guidelines provided in 5 CFR 1320.5.

 8.  If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB.  Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments.   Specifically, address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years -- even if the collection-of-information activity is the same as in prior periods.  There may be circumstances that may preclude consultation in a specific situation.  These circumstances should be explained.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 506(c)(2)(A)), OSHA published a notice in the Federal Register on (XXXXXXXXX),  soliciting comments on its proposal to extend the Office of Management Budget's (OMB) approval of the information collection requirements specified in the standard on Subpart A ("General Provisions") and Subpart B (Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment") (29 CFR part 1915) under docket number OSHA-2011-0034.  This notice is part of a preclearance consultation program that provides the general public and government agencies with an opportunity to comment.  The Agency will respond to any comments received in response to this notice.

9.  Explain any decision to provide any payments or gifts to respondents, other than reenumeration of contractors or grantees.

The Agency will not provide payments or gifts to the respondents.

10.  Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

OSHA offers no assurance of confidentiality to respondents for this information collection.

11.  Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.  This justification should include the reasons why the Agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

None of the provisions in subparts A and B require sensitive information.

12.  Provide estimates of the hour burden of the collection of information.  The statement should:

 Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.  Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates.  Consultation with a sample (fewer than 10) of potential respondents is desirable.  If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance.  General, estimates should not include burden hours for customary and usual business practices.

 If this request for approval covers more than one form, provide separate hour burden estimates for each form.

 Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories.  The cost of contracting out or paying outside parties for information collection activities should not be included here.  Instead, this cost should be included in Item 13.

Respondent Burden Hour and Cost Burden Determinations

The General Working Conditions in Shipyards final rule was published on May 2, 2011 (76 FR 24576).  The number of affected firms for this ICR is based on the final rule's Final Economic Analysis (FEA), which is also given in Table 2, Affected Establishments and Employees.  OSHA updated the industrial profiles by using the 2017 County Business Patterns Data from the US Census Bureau. OSHA estimates that there are 4,716 affected establishments in the shipyard industry which employs 150,866 affected ("production") workers.

Also, the Agency used the following wage rates in making the cost determinations for this ICR using the June 2020 fringe benefits of 30.0 percent for private industry, Employer Costs for Employee Compensation released September 17, 2020:

                        Table 1  -  Wage Rate Estimates
Occupation
SOC
Mean Hourly Wage
(A)
Fringe Benefits
(B)
Loaded Hourly Wage Rate
(C) = [(A)/(1-B)]
Supervisor - First-line Supervisor for construction trade and Extraction Worker
47-1011
$34.35
0.30
$49.07
Marine Chemist
(Competent Person)
19-2031
$40.46
0.30
$57.80
Secretary and Administrative Assistant
43-6014
$18.84
0.30
$26.91

The number of affected establishments and employees for this ICR are listed in Table 2, Affected Establishments and Employees.  OSHA updated the industrial profiles by using the 2017 County Business Patterns Data from the US Census Bureau. OSHA estimates that there are 4,716 affected establishments in the shipyard industry employing 150,866 affected ("production") workers. Table 2 shows the number of affected establishments, establishment size, and the number of affected employees.

          Table 2  -  Affected Establishments and Employees by Size

Industry Code (NAICS)
Industry Name
Class Size
Affected Establishments
Affected Employees
 336611
Shipyards
(Ship Building and Repairing)

  <20
                                                                            293
                                                                          1,676

  20-99
                                                                            127
                                                                          5,336

100-499
                                                                             78
                                                                         10,707

500+
                                                                             90
                                                                         82,244
Subtotals

                                                                            588
                                                                         99,963
 11411
Commercial Fishing
(Fishing)

 <20
                                                                          2,485
                                                                          2,865

20-99
                                                                             33
                                                                          1,236

100-499
                                                                             22
                                                                          1,150

500+
                                                                              5
                                                                              0
Subtotals

                                                                          2,545
                                                                          5,467
 31171
Fish Processing
(Seafood Product Preparation and Packaging)

 <20
                                                                            263
                                                                          1,359

 20-99
                                                                            117
                                                                          4,874

100-499
                                                                             86
                                                                          9,923

500+
                                                                             85
                                                                         15,645
Subtotals

                                                                            551
                                                                         31,801
488330
Tug & Towing Services (Navigational Services to Shipping)

<20
                                                                            738
                                                                          2,275

20-99
                                                                            106
                                                                          2,916

100-499
                                                                             54
                                                                          3,308

500+
                                                                            134
                                                                          5,136
Subtotals

                                                                          1,032
                                                                         13,635
Totals

                                                                          4,716
                                                                        150,866
Source:  2017 County Business Patterns, U.S. Bureau of the Census

The following sections summarize the burden hour and cost determinations for the information collection requirements specified by Subparts A and B.

GENERAL PROVISIONS (SUBPART A)

Competent Person (§1915.7)

Designation (§1915.7(b)); and Recordkeeping (§1915.7(d))

The Agency estimates that a supervisory production worker spends 10 minutes (10/60 hour) per year updating, maintaining, and posting either the required roster or statement at each affected establishment.  The estimated annual total burden hours and cost resulting from this paperwork requirement are:

            Burden Hours:  4,716 establishments x 1 roster/statement per year x 10/60 hour
            		   = 786 hours
              	Cost:      786 hours x $49.07 = $38,569.02

CONFINED AND ENCLOSED SPACES AND OTHER DANGEROUS ATMOSPHERES IN SHIPYARD EMPLOYMENT (SUBPART B)

(A)  Precautions and the Order of Testing Before Entering Confined and Enclosed Spaces and Other Dangerous Atmospheres (§1915.12)

Oxygen Content (§§1915.12(a)(1) and (a)(2)); Flammable Atmospheres (§§1915.12(b)(1) and (b)(2)); and Toxic, Corrosive, Irritant or Fumigated Atmospheres and Residues (§§1915.12(c)(1), (c)(2), and (c)(3))

OSHA assumes that, on average, each of the 295 shipyards (this excludes offsite establishments less than 20 employees) conducts 10 visual inspections and testing protocols per day under these provisions.  The estimate includes initial inspection and testing, periodic retesting to maintain safe conditions, and retesting because space is unsafe.  For the 295 shipyards, this totals 734,550 protocols (10 protocols x 249 days x 295 affected shipyards = 734,550).

For the industries such as commercial fishing (2,545), fish processing (551), tug and towing services (1,032), and the offsite shipyards (293), the Agency estimates 2 protocols x 249 days x 4,421 = 2,201,658.  The total number of protocols for the 4,716 affected establishments equals 2,936,208 (734,550 + 2,201,658).  Because the inspections and testing are performed by trained and experienced competent persons who are familiar with the workplace and procedures, the Agency estimates that a competent person takes 10 minutes (10/60 hour) to complete each protocol (i.e., to inspect and test a space), label the space as necessary, and generate, post, file, and disclose the protocol record according to §1915.7(d).  Therefore, the total annual burden hours and cost of these provisions are:

      	Burden Hours:  2,936,208 protocols x 10/60 hour = 489,368 hours
                 	    Cost:  489,368 hours x $57.80 = $28,285,470.40

Training Certification Records of Employees Entering Confined and Enclosed Spaces or Other Dangerous Atmospheres (§1915.12(d))

Employers must maintain training certification records and make them available for review by NIOSH, and workers and their representatives.  The Agency estimates that 10% (150,866 x 10% = 15,087) of the covered workers or their representatives request access to the training certification records annually.  Using the data from the Bureau of Labor Statistics, it is estimated that there was a 3.3 percent turnover rate; thus, the Agency is using this rate to replace workers who may leave and require initial training (150,866 x 3.3% = 4,979).  Also, based on staff expertise, the Agency does not believe many workers would need training resulting from changes in operations duties.  OSHA assumes 1% of covered workers require new assignment training annually (150,866 x 1% =1,509).  The Agency estimates that a supervisor takes two minutes (2/60 hour) to disclose the certification records to a worker/representative.  Additionally, employers must generate the certification records for new hires and those workers requiring new assignment training, which the Agency estimates will take a supervisor 2 minutes (2/60 hour).  Further, the Agency estimates that a secretary takes one minute (1/60 hour) to maintain the training certification records for each covered worker, new hire, and those requiring new assignment training.  Accordingly, the estimated total yearly burden hours and cost associated with this availability requirement are:

      Burden Hours: 15,087 worker-related requests x 2/60 hour to disclose = 502.9
                Cost:  502.9 hours x $49.07 = $24,677.30

      Burden Hours:  (4,979 + 1,509) = 6,488 new certifications x 2/60 hour to generate = 216.27
                Cost:   216.27 hours x $49.07 = 10,612.37

      Burden Hours:   150,866 existing certifications + 1,509 new certifications =152,375
      			152,375 certifications x 1/60 hour to maintain = 2,539.58
                Cost:    2,539.58 hours x $26.91= $68,340.10

Rescue Teams (§1915.12(e))

OSHA believes that employers, as a usual and customary practice, establish rescue teams or arrange for an outside rescue team.  Such usual and customary activities include employers knowing which workers have current certification in basic first aid as required by paragraph (e)(2).  Employers are aware of current certification through usual and customary periodic discussions with workers concerning their job responsibilities.  Under PRA-95, the term "burden" exempts usual and customary activities from the definition; therefore, there are 0 burden hours for this provision.

Exchanging Hazard Information Between Employers (§1915.12(f))

The Agency considers it a usual and customary practice for employers who have workers working in a space covered by this paragraph to inform other employers whose workers may enter the same space about the hazards, safety rules, and emergency procedures concerning those spaces and atmospheres.  Therefore, OSHA is not taking burden hours or cost for this paperwork requirement.

(B)  Cleaning and Other Cold Work (§1915.13)

 - Testing Requirements for Cleaning and Cold WorkSpaces and Ventilation Discharge Areas (§§1915.13(b)(2), (b)(4) and (b)(7))

These provisions duplicate the requirements of §§1915.12(b)(1) and (b)(2); see "Oxygen Content, Flammable Atmospheres, and Toxic, Corrosive, Irritant or Fumigated Atmospheres and Residues (§§1915.12(a)(1), (a)(2), (b)(1), (b)(2), (c)(1), (c)(2), and (c)(3)" above for the estimated burden hours and cost associated with these requirements.

Requirements for Performing Cleaning and Cold Work (§1915.13(b)(10))

Based on staff expertise, OSHA estimates that employers will post the required signs during 5 percent of the 2,936,208  protocols (146,810 ) conducted annually and that a competent person spends 10 minutes (10/60 hour) in determining concentrations of flammable, combustible, toxic, corrosive, or irritant vapors and to post a sign at each of the designated locations.  Thus, the total annual burden hours, and the cost estimated for this posting requirement are:

      	Burden hours:  146,810 spaces x 10/60 hour = 24,468.33 hours
            	    Cost:  24,468.33 hours x $57.80 = $1,414,269.47

(C)  Hot Work (§1915.14)

Hot Work Requiring Testing by a Marine Chemist or Coast Guard Authorized Person
(§§1915.14(a)(1) and (a)(2))

For over 30 years, the shipyard industry has been complying with National Fire Protection Association Standard 306 ("Standard for the Control of Gas Hazards on Vessels"), which contains hot-work testing and certification requirements at least as burdensome as paragraphs 1915.14(a)(1) and (a)(2) of subpart B.  Accordingly, OSHA believes that it is a usual and customary practice among employers in the shipyard industry to have a Marine Chemist or a U.S. Coast Guard authorized person to test and certify the specified work areas as safe for hot work, post the certificates near the hot-work operation while the operation is in progress, and then file the certificates for at least three months.  Therefore, the Agency is taking no burden hours or costs for these provisions.

Hot Work Requiring Testing by a Competent Person (§§1915.14(b)(1) and (b)(2))

These provisions duplicate the requirements of §§1915.12(b)(1) and (b)(2); see "Oxygen Content, Flammable Atmospheres, and Toxic, Corrosive, Irritant or Fumigated Atmospheres and Residues (§§1915.12(a)(1), (a)(2), (b)(1), (b)(2), (c)(1), (c)(2), and (c)(3))" above for the estimated burden hours and cost associated with these requirements.

(D)  Maintenance of Safe Conditions (§1915.15)

Alteration of Existing Conditions (§1915.15(b)); Tests to Maintain the Conditions of a Marine Chemist's or Coast Guard Authorized Person's Certificates (§1915.15(c)); Change in the Conditions of a Marine Chemist's or Coast Guard Authorized Person's Certificates
(§1915.15(d)); Tests to Maintain a Competent Person's Findings (§1915.15(e)), and Changes in the Conditions Determined by a Competent Person's Findings (§1915.15(f))

These provisions require employers, under specific conditions, to have a competent person re-inspect and retest spaces according to the requirements of §§1915.12, 1915.13, and 1915.14.  OSHA estimates that employers must repeat about 10 percent (293,621) of the 2,936,208 protocols conducted annually and that it takes a competent person 10 minutes (10/60 hour) to repeat each protocol.  Therefore, the estimated total yearly burden hours and cost associated with these requirements are:

      	Burden hours:  293,621 protocols x 10/60 hour = 48,936.83 hours
               	    Cost:  48,936.83 hours x $57.80 = $2,828,548.77

(E)  Warning Signs and Labels (§1915.16)
This paragraph establishes protocols for preparing signs and labels required in previous paragraphs.  It does not impose additional burden hours or cost.

           Table 3:  Summary of Burden Hours and Costs per Response

                           Collection of Information
                             Number of Respondents

Number of  Responses per Respondent

                                Total Responses
                               Time per Response
                                 Burden Hours
                            Wage Rate per Response
                                     Cost

(SUBPART A)

Competent Person (§1915.7)

Designation (§1915.7(b)); and Recordkeeping
                                     4,716
                                       1
                                     4,716
                                  10/60 hours
                                      786
                                    $49.07
                                  $38,569.02
(SUBPART B)

(A)  Precautions and the Order of Testing Before Entering Confined and Enclosed Spaces and Other Dangerous Atmospheres (§ 1915.12)

Oxygen Content (§ 1915.12(a)(1) and (a)(2)); Flammable Atmospheres (§ 1915.12(b)(1) and (b)(2)); and Toxic, Corrosive, Irritant or Fumigated Atmospheres and Residues (§ 1915.12(c)(1), (c)(2), and (c)(3))
                                     4,716
                                  622.605598
                                   2,936,208
                                  10/60 hours
                                    489,368
                                    $57.80
                                $28,285,470.40
Certification Record of Training for Employees Entering Confined and Enclosed Spaces or Other Dangerous Atmospheres (§1915.12(d))
                                    150,866
                                  0.10000265
                                    15,087
                                  2/60 hours
                                     502.9
                                    $49.07
                                   24,677.30

                                    150,866
                                  0.04600109
                                     6,488
                                  2/60 hours
                                    216.27
                                    $49.07
                                  $10,612.37

                                    150,866
                                  1.01000225
                                    152,375
                                  1/60 hours
                                   2,539.58
                                    $26.91
                                  $68,340.10
Rescue Teams (§1915.12(e))
                                     4,716
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Exchanging Hazard Information Between Employers (§1915.12(f))
                                     4,716
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
(B)  Cleaning and Other Cold Work (§1915.13)

 - Testing Requirements for Cleaning and Cold Work Spaces and Ventilation Discharge Areas (§§1915.13(b)(2), (b)(4) and (b)(7))

                                     4,716
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Requirements for Performing Cleaning and Cold Work (§1915.13(b)(10))
                                     4,716
                                  31.1301951
                                    146,810
                                  10/60 hours
                                   24,468.33
                                    $57.80
                                 $1,414,269.47
Hot Work Requiring Testing by a Competent Person (§§1915.14(b)(1) and (b)(2))
                                     4,716
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
(D)  Maintenance of Safe Conditions (§1915.15)

Alteration of Existing Conditions
(§1915.15(b));

Tests to Maintain the Conditions of a Marine Chemist's or Coast Guard Authorized Person's Certificates
(§1915.15(c));

Change in the Conditions of a Marine Chemist's or Coast Guard Authorized Person's Certificates (§1915.15(d)); Tests to Maintain a Competent Person's Findings (§1915.15(e)); and

Changes in the Conditions Determined by a Competent Person's Findings
(§1915.15(f))
                                 293,6214,716
                                  62.26060602
                                    293,621
                                  10/60 hours
                                   48,936.83
                                    $57.80
                                 $2,828,548.77
(E)  Warning Signs and Labels
 (§1915.16)

                                     4,716
                                       0
                                       0
                                       0
                                       0
                                       0
                                       0
Totals

                                   3,555,305

                                    566,818

                                 $32,670,487

13.  Provide an estimate of the total annual cost burden to respondents or recordkeepers resulting from the collection of information.  (Do not include the cost of any hour burden shown in Items 12 and 14).

The cost estimates should be split into two components:  (a) a total capital and start-up cost component annualized over its expected useful life; and (b) a total operation and maintenance and purchase of service component.  The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information.  Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred.  Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance.  The cost of purchasing or contracting out information m agencies may consult with a sample of respondent (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

Generally, estimates should not include purchases of equipment or services, or portions thereof, made:  (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

The cost determinations made under Item 12 account for the total annual cost burden to respondents or recordkeepers resulting from this collection of information requirements.

14.  Provide estimates of the annualized cost to the Federal government.  Also, describe the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.  Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

 There is no cost to the Federal Government associated with this collection of information.

15.  Explain the reasons for any program changes or adjustments.

OSHA is requesting an adjustment decrease of 19,246 burden hours (from 586,064 to 566,818 burden hours).  The adjustment decrease results from a decrease in the number of establishments and an increase in the number of employees.  Also OSHA made the determination that not all affected industries would conduct ten visual examinations/protocols every calendar day.
 	`
             Table 4:  Summary of Burden Hours and Costs Requested

                      Information Collection Requirement
                                   Current
                                 Burden Hours
                                   Requested
                                  Burden Hours

                                  Adjustment
                           Explanation of Adjustment

(SUBPART A)

Competent Person (§1915.7)

Designation (§1915.7(b)); and Recordkeeping
828
786

-42

The adjustment is due to the decrease in the number of affected establishments.
(SUBPART B)

(A)  Precautions and the Order of Testing Before Entering Confined and Enclosed Spaces and Other Dangerous Atmospheres (§ 1915.12)

Oxygen Content (§ 1915.12(a)(1) and (a)(2)); Flammable Atmospheres (§ 1915.12(b)(1) and (b)(2)); and Toxic, Corrosive, Irritant or Fumigated Atmospheres and Residues (§ 1915.12(c)(1), (c)(2), and (c)(3))
507,875
489,368

-18,507

The adjustment is due to the decrease in the number of affected establishments.
Certification Record of Training for Employees Entering Confined and Enclosed Spaces or Other Dangerous Atmospheres (§1915.12(d))
144
502.9
358.9
The adjustment increase is due to the number of affected workers increasing from 47,981 to 150,866.

The job opening and labor turnover decreased from 3.6% to 3.3%.

66
216.27
150.27

969
2,539.58
1,570.58

Rescue Teams (§1915.12(e))

0
0
No change.
Exchanging Hazard Information Between Employers (§1915.12(f))

0
0
No change.
(B)  Cleaning and Other Cold Work (§1915.13)

 - Testing Requirements for Cleaning and Cold WorkSpaces and Ventilation Discharge Areas (§§1915.13(b)(2), (b)(4) and (b)(7))

0
0
No change.
Requirements for Performing Cleaning and Cold Work (§1915.13(b)(10))
25,394
24,468.33
-925.67
The adjustment is due to the decrease in the number of affected establishments.

Hot Work Requiring Testing by a Competent Person (§§1915.14(b)(1) and (b)(2))

0
0
No change.
(D)  Maintenance of Safe Conditions (§1915.15)

Alteration of Existing Conditions
(§1915.15(b));

Tests to Maintain the Conditions of a Marine Chemist's or Coast Guard Authorized Person's Certificates
(§1915.15(c));

Change in the Conditions of a Marine Chemist's or Coast Guard Authorized Person's Certificates (§1915.15(d)); Tests to Maintain a Competent Person's Findings (§1915.15(e)); and

Changes in the Conditions Determined by a Competent Person's Findings
(§1915.15(f))
50,788
48,936.83

-1,851.17

The adjustment is due to the decrease in the number of affected establishments.
(E)  Warning Signs and Labels
 (§1915.16)

0
0
0
No change.

TOTALS
586,064
566,818
-19,246

16.  For collections of information whose results will be published, outline plans for tabulation, and publication.  Address any complex analytical techniques that will be used.  Provide the schedule for the entire project, including beginning and ending dates of the collection information, completion of the report, publication dates, and other actions.

OSHA will not publish the information collected under subparts A and B of 29 CFR part 1915.

17.  If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be appropriate.

OSHA lists current valid control numbers in §§1910.8, 1915.8, 1917.4, 1918.4, and 1926.5 and publishes the expiration date in the Federal Register notice announcing OMB approval of the information collection requirement. (See 5 CFR 1320.3(f)(3).) OSHA believes that this is the most appropriate and accurate mechanism to inform interested parties of these expiration dates.

18.  Explain each exception to the certification statement.

OSHA is not requesting an exception to the certification statement.

 COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

There are no collections of information employing statistical methods.

SEC. 2. Congressional Findings and Purpose
(a) The Congress finds that personal injuries and illnesses arising out of work
situations impose a substantial burden upon, and are a hindrance to, interstate
commerce in terms of lost production, wage loss, medical expenses, and disability
compensation payments.
(b) The Congress declares it to be its purpose and policy, through the exercise of
its powers to regulate commerce among the several States and with foreign
nations and to provide for the general welfare, to assure so far as possible every
working man and woman in the Nation safe and healthful working conditions and
to preserve our human resources --
29 USC 651
(1) by encouraging employers and employees in their efforts to reduce the
number of occupational safety and health hazards at their places of employment,
and to stimulate employers and employees to institute new and to perfect
existing programs for providing safe and healthful working conditions; (2) by
providing that employers and employees have separate but dependent
responsibilities and rights with respect to achieving safe and healthful working
conditions;
(3) by authorizing the Secretary of Labor to set mandatory occupational safety
and health standards applicable to businesses affecting interstate commerce,
and by creating an Occupational Safety and Health Review Commission for
carrying out adjudicatory functions under the Act;
(4) by building upon advances already made through employer and employee
initiative for providing safe and healthful working conditions;
(5) by providing for research in the field of occupational safety and health,
including the psychological factors involved, and by developing innovative
methods, techniques, and approaches for dealing with occupational safety and
health problems;
(6) by exploring ways to discover latent diseases, establishing causal
connections between diseases and work in environmental conditions, and
conducting other research relating to health problems, in recognition of the fact
that occupational health standards present problems often different from those
involved in occupational safety;
(7) by providing medical criteria which will assure insofar as practicable that no
employee will suffer diminished health, functional capacity, or life expectancy as
a result of his work experience;
(8) by providing for training programs to increase the number and competence
of personnel engaged in the field of occupational safety and health; affecting the
OSH Act since its passage in 1970 through January 1, 2004.
(9) by providing for the development and promulgation of occupational safety
and health standards;
(10) by providing an effective enforcement program which shall include a
prohibition against giving advance notice of any inspection and sanctions for any
individual violating this prohibition;
2
(11) by encouraging the States to assume the fullest responsibility for the
administration and enforcement of their occupational safety and health laws by
providing grants to the States to assist in identifying their needs and
responsibilities in the area of occupational safety and health, to develop plans in
accordance with the provisions of this Act, to improve the administration and
enforcement of State occupational safety and health laws, and to conduct
experimental and demonstration projects in connection therewith;
(12) by providing for appropriate reporting procedures with respect to
occupational safety and health which procedures will help achieve the objectives
of this Act and accurately describe the nature of the occupational safety and
health problem;
(13) by encouraging joint labor-management efforts to reduce injuries and
disease arising out of employment.

                  6. Occupational Safety and Health Standards
29 USC 655:
(a) Without regard to chapter 5 of title 5, United States Code, or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this Act and ending two years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees. In the event of conflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety or health of the affected employees. (b) The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner:
(1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this Act, the Secretary may request the recommendations of an advisory committee appointed under section 7 of this Act. The Secretary shall provide such an advisory committee with any proposals of his own or of the Secretary of Health and Human Services, together with all pertinent factual information developed by the Secretary or the Secretary of Health and Human Services, or otherwise available, including the results of research, demonstrations, and experiments. An advisory committee shall submit to the Secretary its recommendations regarding the rule to be promulgated within ninety days from the date of its appointment or within such longer or shorter period as may be prescribed by the Secretary, but in no event for a period which is longer than two hundred and seventy days. (2) The Secretary shall publish a proposed rule promulgating, modifying, or revoking an occupational safety or health standard in the Federal Register and shall afford interested persons a period of thirty days after publication to submit written data or comments. Where an advisory committee is appointed and the Secretary determines that a rule should be issued, he shall publish the proposed rule within sixty days after the submission of the advisory committee's recommendations or the expiration of the period prescribed by the Secretary for such submission. (3) On or before the last day of the period provided for the submission of written data or comments under paragraph (2), any interested person may file with the Secretary written objections to the proposed rule, stating the grounds therefore and requesting a public hearing on such objections. Within thirty days after the last day for filing such objections, the Secretary shall publish in the Federal Register a notice specifying the occupational safety or health standard to which objections have been filed and a hearing requested, and specifying a time and place for such hearing.

            SEC. 8. Inspections, Investigations, and Recordkeeping
(a) In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized --
29 USC 657
(1) to enter without delay and at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and (2) to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such employer, owner, operator, agent or employee.
(b) In making his inspections and investigations under this Act the Secretary may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of a contumacy, failure, or refusal of any person to obey such an order, any district court of the United States or the United States courts of any territory or possession, within the jurisdiction of which such person is found, or resides or transacts business, upon the application by the Secretary, shall have jurisdiction to issue to such person an order requiring such person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof. (c) (1) Each employer shall make, keep and preserve, and make available to the Secretary or the Secretary of Health and Human Services, such records regarding his activities relating to this Act as the Secretary, in cooperation with the Secretary of Health and Human Services, may prescribe by regulation as necessary or appropriate for the enforcement of this Act or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph such regulations may include provisions requiring employers to conduct periodic inspections. The Secretary shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this Act, including the provisions of applicable standards.
(2) The Secretary, in cooperation with the Secretary of Health and Human Services, shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on, work-related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.

Electronic Code of Federal Regulations

e-CFR data is current as of November 10, 2020

Title 29: Labor
PART 1915 -- OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT
Subpart A -- General Provisions

§1915.7  Competent person.
    (a) Application. This section applies to shipyard employment.
    (b) Designation. (1) One or more competent persons shall be designated by the employer in accordance with the applicable requirements of this section, unless the requirements of subparts B, C, D and H of this part are always carried out by a Marine Chemist. Exception: The employer may designate any person who meets the applicable portions of the criteria set forth in paragraph (c) of this section as a competent person who is limited to performing testing to the following situations:
    (i) Repair work on small craft in boat yards where only combustible gas indicator tests are required for fuel tank leaks or when using flammable paints below decks;
    (ii) Building of wooden vessels where only knowledge of the precautions to be taken when using flammable paints is required;
    (iii) The breaking of vessels where there is no fuel oil or other flammable hazard; and
    (iv) Tests and inspections performed to comply with §§1915.35(b)(8) and 1915.36(a)(5).
    (2)(i) The employer shall maintain either a roster of designated competent persons or a statement that a Marine Chemist will perform the tests or inspections which require a competent person.
    (ii) The employer shall make the roster of designated persons or the statement available to employees, the employee's representative, the Director or the Assistant Secretary upon request.
    (iii) The roster shall contain, as a minimum, the following:
    (A) The employers' name,
    (B) The designated competent person's name(s), and
    (C) The date the employee was trained as a competent person.
    (c) Criteria. The employer shall ensure that each designated competent person has the following skills and knowledge:
    (1) Ability to understand and carry out written or oral information or instructions left by Marine Chemist, Coast Guard authorized persons and Certified Industrial Hygienists;
    (2) Knowledge of subparts B, C, D and H of this part;
    (3) Knowledge of the structure, location, and designation of spaces where work is done;
    (4) Ability to calibrate and use testing equipment including but not limited to, oxygen indicators, combustible gas indicators, carbon monoxide indicators, and carbon dioxide indicators, and to interpret accurately the test results of that equipment;
    (5) Ability to perform all required tests and inspections which are or may be performed by a competent person as set forth in subparts B, C, D and H of this part.
    (6) Ability to inspect, test, and evaluate spaces to determine the need for further testing by a Marine Chemist or a Certified Industrial Hygienist; and
    (7) Ability to maintain records required by this section.
    (d) Recordkeeping. (1) When tests and inspections are performed by a competent person, Marine Chemist, or Certified Industrial Hygienist as required by any provisions of subparts B, C, D, or H of this part, the employer shall ensure that the person performing the test and inspection records the location, time, date, location of inspected spaces, and the operations performed, as well as the test results and any instructions.
    (2) The employer shall ensure that the records are posted in the immediate vicinity of the affected operations while work in the spaces is in progress. The records shall be kept on file for a period of at least three months from the completion date of the specific job for which they were generated.
    (3) The employer shall ensure that the records are available for inspection by the Assistant Secretary, Director, and employees and their representatives.
[59 FR 37856, July 25, 1994]

Electronic Code of Federal Regulations

e-CFR data is current as of November 10, 2020

Title 29: Labor
PART 1915 -- OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD EMPLOYMENT
Subpart B -- Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment

§1915.12   Precautions and the order of testing before entering confined and enclosed spaces and other dangerous atmospheres.
    The employer shall ensure that atmosphereic testing is performed in the following sequence: oxygen content, flammability, toxicity.
    (a) Oxygen content. (1) The employer shall ensure that the following spaces are visually inspected and tested by a competent person to determine the atmosphere's oxygen content prior to initial entry into the space by an employee:
    (i) Spaces that have been sealed, such as, but not limited to, spaces that have been coated and closed up, and non-ventilated spaces that have been freshly painted;
    (ii) Spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases;
    (iii) Spaces and adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive, or irritant;
    (iv) Spaces and adjacent spaces that have been fumigated; and
    (v) Spaces containing materials or residues of materials that create an oxygen-deficient atmosphere.
    (2) If the space to be entered contains an oxygen deficient atmosphere, the space shall be labeled "Not Safe for Workers" or, if oxygen-enriched, "Not Safe for Workers -- Not Safe for Hot Work." If an oxygen-deficient or oxygen-enriched atmosphere is found, ventilation shall be provided at volumes and flow rates sufficient to ensure that the oxygen content is maintained at or above 19.5 percent and below 22.0 percent by volume. The warning label may be removed when the oxygen content is equal to or greater than 19.5 and less than 22.0 percent by volume.
    (3) An employee may not enter a space where the oxygen content, by volume, is below 19.5 percent or above 22.0 percent. Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment necessary to start work in the space provided:
    (i) The atmosphere in the space is monitored for oxygen content, by volume, continuously; and
    (ii) Respiratory protection and other appropriate personal protective equipment and clothing are provided in accordance with subpart I of this part.
    Note to paragraph (a): Other provisions for work in IDLH atmospheres are located in subpart I of this part.
    (b) Flammable atmospheres. (1) The employer shall ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases are:
    (i) Inspected visually by the competent person to determine the presence of combustible or flammable liquids; and
    (ii) Tested by a competent person prior to entry by an employee to determine the concentration of flammable vapors and gases within the space.
    (2) If the concentration of flammable vapors or gases in the space to be entered is equal to or greater than 10 percent of the lower explosive limit, the space shall be labeled "Not Safe for Workers" and "Not Safe for Hot Work." Ventilation shall be provided at volumes and flow rates sufficient to ensure that the concentration of flammable vapors is maintained below 10 percent of the lower explosive limit. The warning labels may be removed when the concentration of flammable vapors is below 10 percent of the lower explosive limit.
    (3) An employee may not enter a space where the concentration of flammable vapors or gases is equal to or greater than 10 percent of the lower explosive limit. Exception: An employee may enter for emergency rescue or for a short duration for installation of ventilation equipment necessary to start work in the space, provided:
    (i) No ignition sources are present;
    (ii) The atmosphere in the space is monitored continuously;
    (iii) Atmospheres at or above the upper explosive limit are maintained; and
    (iv) Respiratory protection and other appropriate personal protective equipment and clothing are provided in accordance with subpart I of this part.
    Note 1 to paragraph (b): Additional provisions for work in IDLH atmospheres are located in subpart I of this part.
    Note 2 to paragraph (b): Additional provisions for work in spaces containing a flammable substance which also has a permissible exposure limit, are located in subpart Z of 29 CFR part 1915, and §1915.12(c).
    (c) Toxic, corrosive, irritant or fumigated atmospheres and residues. (1) The employer shall ensure that spaces or adjacent spaces that contain or have contained liquids, gases, or solids that are toxic, corrosive or irritant are:
    (i) Inspected visually by the competent person to determine the presence of toxic, corrosive, or irritant residue contaminants; and
    (ii) Tested by a competent person prior to initial entry by an employee to determine the air concentration of toxics, corrosives, or irritants within the space.
    (2) If a space contains an air concentration of a material which exceeds a part 1915 subpart Z permissible exposure limit (PEL) or is IDLH, the space shall be labeled "Not Safe for Workers." Ventilation shall be provided at volumes and flow rates which will ensure that air concentrations are maintained within the PEL or, in the case of contaminants for which there is no established PEL, below the IDLH. The warning label may be removed when the concentration of contaminants is maintained within the PEL or below IDLH level.
    (3) If a space cannot be ventilated to within the PELs or is IDLH, a Marine Chemist or CIH must re-test until the space can be certified "Enter with Restrictions" or "Safe for Workers."
    (4) An employee may not enter a space whose atmosphere exceeds a PEL or is IDLH. Exception: An employee may enter for emergency rescue, or for a short duration for installation of ventilation equipment provided:
    (i) The atmosphere in the space is monitored continuously;
    (ii) Respiratory protection and other necessary and appropriate personal protective equipment and clothing are provided in accordance with subpart I of this part.
    Note to paragraph (c): Other provisions for work in IDLH atmospheres are located in subpart I of this part.
    (d) Training of employees entering confined and enclosed spaces or other dangerous atmospheres. (1) The employer shall ensure that each employee that enters a confined or enclosed space and other areas with dangerous atmospheres is trained to perform all required duties safely.
    (2) The employer shall ensure that each employee who enters a confined space, enclosed space, or other areas with dangerous atmospheres is trained to:
    (i) Recognize the characteristics of the confined space;
    (ii) Anticipate and be aware of the hazards that may be faced during entry;
    (iii) Recognize the adverse health effects that may be caused by the exposure to a hazard;
    (iv) Understand the physical signs and reactions related to exposures to such hazards;
    (v) Know what personal protective equipment is needed for safe entry into and exit from the space;
    (vi) Use personal protective equipment; and
    (vii) Where necessary, be aware of the presence and proper use of barriers that may be needed to protect an entrant from hazards.
    (3) The employer shall ensure that each entrant into confined or enclosed spaces or other dangerous atmospheres is trained to exit the space or dangerous atmosphere whenever:
    (i) The employer or his or her representative orders evacuation;
    (ii) An evacuation signal such as an alarm is activated ; or
    (iii) The entrant perceives that he or she is in danger.
    (4) The employer shall provide each employee with training:
    (i) Before the entrant begins work addressed by this section; and
    (ii) Whenever there is a change in operations or in an employee's duties that presents a hazard about which the employee has not previously been trained.
    (5) The employer shall certify that the training required by paragraphs (d)(1) through (d)(4) of this section has been accomplished.
    (i) The certification shall contain the employee's name, the name of the certifier, and the date(s) of the certification.
    (ii) The certification shall be available for inspection by the Assistant Secretary, the Director, employees, and their representatives.
    (e) Rescue teams. The employer shall either establish a shipyard rescue team or arrange for an outside rescue team which will respond promptly to a request for rescue service.
    (1) Shipyard rescue teams shall meet the following criteria:
    (i) Each employee assigned to the shipyard team shall be provided with and trained to use the personal protective equipment he or she will need, including respirators and any rescue equipment necessary for making rescues from confined and enclosed spaces and other dangerous atmospheres.
    (ii) Each employee assigned to the shipyard rescue team shall be trained to perform his or her rescue functions including confined and enclosed and other dangerous atmosphere entry.
    (iii) Shipyard rescue teams shall practice their skills at least once every 12 months. Practice drills shall include the use of mannequins and rescue equipment during simulated rescue operations involving physical facilities that approximate closely those facilities from which rescue may be needed.
    Note to paragraph (e)(1)(iii): If the team performs an actual rescue during the 12 month period, an additional practice drill for that type of rescue is not required.
    (iv) At least one person on each rescue team shall maintain current certification in basic first aid which includes maintenance of an airway, control of bleeding, maintenance of circulation and cardiopulmonary resuscitation (CPR) skills.
    (2) The employer shall inform outside rescue teams of the hazards that the team may encounter when called to perform confined and enclosed space or other dangerous atmosphere rescue at the employer's facility so that the rescue team can be trained and equipped.
    Note to paragraph (e): The criteria for in-house rescue, listed in paragraph (e)(1) can be used by the employer in evaluating outside rescue services.
    (f) Exchanging hazard information between employers. Each employer whose employees work in confined and enclosed spaces or other dangerous atmospheres shall ensure that all available information on the hazards, safety rules, and emergency procedures concerning those spaces and atmospheres is exchanged with any other employer whose employees may enter the same spaces.
[59 FR 37857, July 25, 1994, as amended at 60 FR 14219, Mar. 16, 1995]