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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8151.
The Occupational Safety and Health Administration (OSHA)
today announced it will hold public hearings starting Sept. 27 on its proposal
to modify the rescue provisions of its permit- required confined spaces
standard. It also is reopening the comment period on the proposal.
OSHA proposes to revise the standard to state more clearly
the employer's duty to ensure effective rescue capability for employees who
enter permit-required confined spaces and to allow more flexibility in the
point of attachment of a retrieval line to an entrant.
OSHA also is questioning whether provisions should be
added to the standard to provide affected employees, or their representatives,
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.
OSHA promulgated the standard Jan. 14, 1993, to protect
workers assigned to enter permit-required confined spaces, which can pose
serious hazards because of their configuration, difficulty of entry or other
factors.
The standard provides a comprehensive regulatory framework
within which employers can effectively protect employees who enter permit
spaces. It also provides for the establishment of written permit space
programs, authorization of entry through written permits and the implementation
of measures necessary for safe entry operations. These measures include 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.
OSHA agreed to propose revisions to the rescue and
employee participation provisions of the standard as part of a settlement with
the United Steelworkers of America, AFL-CIO/CLC (USWA). The Steelworkers had
sought court review of the standard, in part on the ground that it did not
adequately address those two areas.
The proposed language will clarify that employers who
arrange for outside services to perform permit space rescues in their
workplaces must select rescue services capable of responding in a timely
manner, that are properly trained, equipped and capable of functioning
appropriately to perform permit space rescues.
OSHA also said that the language in the standard
specifying the point of attachment of a retrieval line to a permit space
entrant may be unnecessarily restrictive. ADS Environmental Services, a
contractor that performs work in sewers, has petitioned OSHA for a variance
from that paragraph, saying that their operations have demonstrated that 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.
To address this situation, OSHA is proposing a change so
that the pertinent provision becomes more performance-oriented. The existing
provision requires that the point of attachment must be either at the center of
the entrant's back near shoulder level or above the entrant's head. Now the
agency is proposing to allow any other point of attachment that enables the
entrant's body to present the smallest possible profile during retrieval.
The hearings will begin at 9 a.m. on September 27 in the
Frances Perkins Building auditorium, U.S. Department of Labor, 200 Constitution
Ave. NW, Washington, D.C., 20210.
Notices of intention to appear at the hearings, along with
all testimony and evidence which will be introduced in the hearing record, must
be postmarked by Sept. 13 and submitted in quadruplicate to Tom Hall,
Occupational Safety and Health Administration, Division of Consumer Affairs,
Room N3647, U.S. Department of Labor, 200 Constitution Ave. NW, Washington,
D.C., 20210, telephone (202) 219-8615.
OSHA also is reopening the comment period on the proposal.
Comments must be postmarked by Sept. 13 and submitted in quadruplicate to the
Docket Office, Docket No. S-019A, Room N2625, U.S. Department of Labor, 200
Constitution Ave. NW, Washington, D.C., 20210, telephone (202) 219-7894.
Comments limited to 10 pages or less may be transmitted by
facsimile to (202) 219-5046, provided the original and three copies are sent to
the Docket Office. Written submissions must clearly identify the issue
addressed and the position taken with respect to each issue.
The original 90-day comment period ended Feb. 27, 1995.
OSHA received 51 written comments, including requests for hearings from several
commenters. The comments are available for inspection and copying in the OSHA
Docket Office.
Notice of the public hearings and extension of the comment
period is published in the Wednesday, Aug. 2 Federal Register.
Archived News Release--Caution:
information may be out of date.
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