FR 2021-04044

The document from the Federal Register discusses a notice by the Occupational Safety and Health Administration (OSHA), which is part of the U.S. Department of Labor. OSHA is seeking public comments on its proposal to extend approval for collecting information on confined spaces in construction sites. This approval is under the authority of the Office of Management and Budget (OMB). Public comments are specifically invited regarding the necessity and impact of these requirements, particularly relating to the time and cost for employers, by April 27, 2021.

General Summary

OSHA outlines various regulatory standards under 29 CFR (Code of Federal Regulations) specifically addressing confined spaces in construction. These details highlight the obligations of employers with respect to informing employees, documenting safety procedures, and maintaining records related to confined spaces. The information collection is in line with efforts to ensure workplace safety and minimize the risks associated with these potentially hazardous areas. A key component of the notice is its solicitation for public input on the proposed continuation and burden associated with these regulations.

Significant Issues and Concerns

One significant issue within this document is the complexity and density of the legal and regulatory language. This might restrict understanding for individuals not deeply familiar with OSHA standards or legal terminology. Although the notice provides specific regulatory references and contains detailed descriptions, the dense legal text can be overwhelming for the average reader, making it difficult to identify the main points without substantial background knowledge.

Another concern involves the transparency of the process OSHA uses to review and approve public comments. The document requests additional burden hours and capital costs, but it does not provide detailed data supporting this increase, which might leave stakeholders questioning the justification for these changes.

Impact on the Public

Broadly, this document could impact all stakeholders involved in or affected by construction operations, especially those who manage or work within confined spaces. The extended approval would mean continued documentation and procedural adherence for employers, with implications for job-site safety and employer compliance efforts. Public participation through comments could lead to adjustments that better reflect industry needs or reduce undue burdens on business operations.

Impact on Specific Stakeholders

For construction businesses, especially smaller ones, the notice may imply an increase in administrative tasks and compliance costs associated with confined spaces. Maintaining rigorous documentation, providing training, and implementing comprehensive safety programs require resources that might strain smaller businesses more than larger ones. On the positive side, effective compliance with OSHA standards could prevent workplace injuries and associated liabilities, potentially leading to safer work environments and decreased insurance costs.

Employees in the construction industry might benefit from enhanced safety measures and greater awareness of potential hazards. However, it's crucial for employers to balance the implementation of these safety measures with realistic assessments of time and fiscal resources.

OSHA's guidance encourages the use of technological solutions to minimize burdens, though it lacks specific recommendations on this front. Those in the tech industry or providers of construction safety solutions might view this as an opportunity to innovate or offer services that could streamline compliance processes.

Overall, while the regulatory aims serve the vital purpose of worker safety, the approach to gathering meaningful public feedback and addressing stakeholder concerns warrants careful attention to ensure effective and equitable implementation.

The document presented is a notice from the Occupational Safety and Health Administration (OSHA), soliciting public comments on the extension of information collection requirements related to the Confined Spaces in Construction Standard. Embedded within this notice are specific references to financial allocations and costs related to implementing these requirements.

Financial Summary:

Within the document, OSHA outlines a proposed adjustment to their financial planning concerning confined spaces in construction. The agency requests an increase of $82,670.19 for capital costs, raising the total from $1,017,859 to $1,100,529.19. This increase is earmarked for essential items such as signs, tags, and gas monitors, which are likely necessary for compliance with safety regulations in confined spaces.

The document also estimates the total cost associated with operation and maintenance at $1,100,529.19, aligning with the adjusted capital costs.

Relation to Identified Issues:

1. Burden and Cost Increase Without Detailed Justification:

2. One of the noted issues in the document is the lack of specific details or data supporting the estimated increase in burden hours and capital costs. Although the document states that the adjustment is to account for an increase in the estimated number of affected employers, it falls short of providing detailed or empirical data justifying this financial adjustment. This raises questions about the transparency and the rationale behind the financial projection.

3. Complexity of Information Collection Processes:

4. The complexity and technical nature of the document's information collection requirements may contribute to the financial burden on employers. The costs highlighted, including over $1 million for maintenance and operations, suggest significant financial obligations that could be challenging for businesses, particularly small businesses, to meet without a clear understanding of the requirements and the assurance that these resources are necessary and well-utilized.

5. Use of Technology to Minimize Costs:

6. The document references potential technological solutions to minimize the burden on employers. While this is an important consideration, there is no specific proposal or discussion on the role technology could play in reducing costs or simplifying compliance processes. Identifying and implementing technological solutions could potentially help mitigate the highlighted financial impacts on affected employers.

Overall, the notice's financial aspects highlight the potential economic impacts of regulatory compliance with OSHA's standards for confined spaces in construction. However, the rationale behind increased financial obligations could benefit from more transparency and detail to ensure stakeholders clearly understand and contribute meaningfully to the public commentary process.