Notice2026-10735
Obayashi-Jay Dee Joint Venture; Application for Permanent Variance and Interim Order; Grant of Interim Order; Request for Comments
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Published
May 29, 2026
Effective
May 29, 2026
Issuing agencies
Labor DepartmentOccupational Safety and Health Administration
Abstract
In this notice, OSHA announces the application of Obayashi-- Jay Dee Joint Venture (OJD) for a permanent variance and interim order from provisions of the OSHA standard that regulates work in compressed- air environments, presents the agency's preliminary finding on OJD's application, and announces the granting of an interim order. OSHA invites the public to submit comments on the variance application to assist the agency in determining whether to grant the applicant a permanent variance based on the conditions specified in this application.
Full Text
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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Notices]
[Pages 32095-32105]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10735]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2026-0001]
Obayashi--Jay Dee Joint Venture; Application for Permanent
Variance and Interim Order; Grant of Interim Order; Request for
Comments
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Notice.
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SUMMARY: In this notice, OSHA announces the application of Obayashi--
Jay Dee Joint Venture (OJD) for a permanent variance and interim order
from provisions of the OSHA standard that regulates work in compressed-
air environments, presents the agency's preliminary finding on OJD's
application, and announces the granting of an interim order. OSHA
invites the public to submit comments on the variance application to
assist the agency in determining whether to grant the applicant a
permanent variance based on the conditions specified in this
application.
DATES: Submit comments, information, documents in response to this
notice, and request for a hearing on or before June 29, 2026. The
interim order described in this notice will become effective on May 29,
2026, and shall remain in effect until the completion of the Cemetery
Brook Drain Tunnel Project in Manchester, New Hampshire, the interim
order is modified or revoked, or OSHA publishes a decision on the
permanent variance application.
ADDRESSES:
Electronically: You may submit comments, including attachments,
electronically at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, the Federal eRulemaking
Portal. Follow the instructions online for making electronic
submissions.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2026-0001). All
comments, including any personal information you provide, are placed in
the public docket without change and may be made available online at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Therefore, OSHA cautions commenters about
submitting information they do not want made available to the public,
or submitting materials that contain personal information (either about
themselves or others), such as Social Security numbers and birthdates.
Docket: To read or download comments or other material in the
docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Documents in the docket
(including this Federal Register notice) are listed in the <a href="http://www.regulations.gov">http://www.regulations.gov</a> index; however, some information (e.g., copyrighted
material) is not publicly available to read or download through the
website. All submissions, including copyrighted material, are available
for inspection through the OSHA Docket Office. Contact the OSHA Docket
Office at (202) 693-2350 (TTY (877) 889-5627) for assistance in
locating docket submissions.
Extension of comment period: Submit requests for an extension of
the comment period on or before June 29, 2026 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210.
FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor; telephone: (202) 693-1999;
email: <a href="/cdn-cgi/l/email-protection#7c1119151015121b190e521a0e1d121f150f4e3c181310521b130a"><span class="__cf_email__" data-cfemail="701d15191c191e1715025e1602111e1319034230141f1c5e171f06">[email protected]</span></a>.
General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone:
(202) 693-1911; email: <a href="/cdn-cgi/l/email-protection#73011c111a1d001c1d5d1816051a1d33171c1f5d141c05"><span class="__cf_email__" data-cfemail="6f1d000d06011c000141040a1906012f0b000341080019">[email protected]</span></a>.
Copies of this Federal Register notice. Electronic copies of this
Federal Register notice are available at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
This Federal Register notice, as well as news releases and other
relevant information, also are available at OSHA's web page at <a href="http://www.osha.gov">http://www.osha.gov</a>.
Hearing Requests. According to 29 CFR 1905.15, hearing requests
must include: (1) a concise statement of facts detailing how the
permanent variance would affect the requesting party; (2) a
specification of any statement or representation in the variance
application that the commenter denies, and a concise summary of the
evidence offered in support of each denial; and (3) any views or
arguments on any issue of fact or law presented in the variance
application.
SUPPLEMENTARY INFORMATION:
I. Notice of Application
On June 30, 2025, Obayashi--Jay Dee Joint Venture (OJD or the
applicant),
[[Page 32096]]
submitted under Section 6(d) of the Occupational Safety and Health Act
of 1970 (the Act), 29 U.S.C. 655, and 29 CFR 1905.11 (variances and
other relief under Section 6(d)) an application for a permanent
variance from several provisions of the OSHA standard that regulates
work in compressed air, 1926.803 of 1926 Subpart S--Underground
Construction, Caissons, Cofferdams, and Compressed Air, and an interim
order allowing it to proceed while OSHA considers the request for a
permanent variance (OSHA-2026-0001-0002). This notice addresses OJD's
application for a permanent variance and interim order for construction
of the Cemetery Brook Drain Tunnel Project in Manchester, New
Hampshire, only and is not applicable to future OJD tunneling projects.
Specifically, this notice addresses OJD's application for a
permanent variance and interim order from the provisions of the
standard that: (1) require the use of the decompression values
specified in decompression tables in Appendix A of subpart S (29 CFR
1926.803(f)(1)); and (2) require the use of automated operational
controls and a special decompression chamber (29 CFR
1926.803(g)(1)(iii) and (xvii), respectively).
OSHA has previously approved nearly identical provisions when
granting several other very similar variances, as discussed in more
detail in Section II. OSHA preliminarily concludes that the proposed
variance for OJD's Cemetery Brook Drain Tunnel Project is appropriate,
grants an interim order temporarily allowing the proposed activity, and
seeks comment on the proposed variance.
A. Background
The applicant is a contractor that works on complex tunnel projects
using innovations in tunnel-excavation methods. The applicant's workers
engage in the construction of tunnels using advanced shielded
mechanical excavation techniques in conjunction with an earth pressure
balanced micro-tunnel boring machine (TBM). Using shielded mechanical
excavation techniques, in conjunction with precast concrete tunnel
liners and backfill grout, TBMs provide methods to achieve the face
pressures required to maintain a stabilized tunnel face through various
geologies and isolate that pressure to the forward section (the
excavation working chamber) of the TBM.
OJD asserts that it bores tunnels using a TBM at levels below the
water table through soft soils consisting of clay, silt, and sand. TBMs
are capable of maintaining pressure at the tunnel face and stabilizing
existing geological conditions through the controlled use of a
mechanically driven cutter head, bulkheads within the shield, ground-
treatment foam, and a screw conveyor that moves excavated material from
the working chamber. The forward-most portion of the TBM is the main
chamber, and this chamber is the only pressurized segment of the TBM.
The main chamber (airlock) is a double compartment chamber (inner
lock and outer lock). The inner lock is the primary work area and the
outer lock is used for personnel transfer only. A door separates the
inner and outer locks, allowing personnel to transfer from one pressure
zone to another. This configuration allows workers to access the main
chamber for compression and decompression, and medical personnel to
access the main chamber if required in an emergency.
OJD's Hyperbaric Operations Manual (HOM) for the Cemetery Brook
Drain Tunnel Project (OSHA-2026-0001-0003) indicates that the maximum
pressure to which it is likely to expose workers during project
interventions for the tunnel drives associated with the Cemetery Brook
Drain Tunnel Project is 37 per square inch gauge (p.s.i.g). The
applicant will pressurize the working chamber to the level required to
maintain a stable tunnel face, which for this project OJD estimates
will be up to a pressure not exceeding 37 p.s.i.g., which does not
exceed the maximum pressure specified by the OSHA standard at 29 CFR
1926.803(e)(5).\1\ OJD is not seeking a variance from this provision of
the compressed-air standard.
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\1\ The decompression tables in Appendix A of subpart S express
the working pressures as pounds per square inch gauge (p.s.i.g.).
Therefore, throughout this notice, OSHA expresses the p.s.i. value
specified by 29 CFR 1926.803(e)(5) as p.s.i.g., consistent with the
terminology in Appendix A, Table 1 of subpart S.
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OJD employs specially trained personnel for the construction of the
tunnel. To keep the machinery working effectively, OJD asserts that
these workers must periodically enter the excavation working chamber of
the TBM to perform hyperbaric interventions during which workers would
be exposed to air pressures up to 37 p.s.i.g. These interventions
consist of conducting inspections or maintenance work on the cutter-
head structure and cutting tools of the TBM, such as changing
replaceable cutting tools and disposable wear bars, and, in rare cases,
repairing structural damage to the cutter head. These interventions are
the only time that workers are exposed to compressed air. Interventions
in the working chamber (the pressurized portion of the TBM) take place
only after halting tunnel excavation and preparing the machine and crew
for an intervention.
During interventions, workers access the working chamber by first
passing through the outer lock. They then pass through a door to enter
the inner lock, which includes the primary decompression area. The
working chamber is designed to accommodate three people, which is the
maximum crew size allowed under the proposed variance. When the crew is
engaged in decompression activities, there is no other work performed
on the working face.
OJD asserts that these innovations in tunnel excavation have
greatly reduced worker exposure to hazards of pressurized air work
because they have eliminated the need to pressurize the entire tunnel
for the project and would thereby reduce the number of workers exposed,
as well as the total duration of exposure, to hyperbaric pressure
during tunnel construction. These advances in technology substantially
modified the methods used by the construction industry to excavate
subaqueous tunnels compared to caisson work.
In addition to the reduced exposures resulting from the innovations
in tunnel-excavation methods, OJD asserts that innovations in
hyperbaric medicine and technology improve the safety of decompression
from hyperbaric exposures. These procedures, however, would deviate
from the decompression process that OSHA requires for construction in
29 CFR 1926.803(f)(1) and the decompression tables in Appendix A of 29
CFR 1926, subpart S. Nevertheless, according to OJD, their use of
decompression protocols incorporating oxygen is more efficient,
effective, and safer for tunnel workers than compliance with the
decompression tables specified by the existing OSHA standard.
OJD therefore believes its workers will be at least as safe under
its proposed alternatives as they would be under OSHA's standard
because of the reduction in number of workers and duration of
hyperbaric exposures, better application of hyperbaric medicine, and
the development of a project-specific HOM that requires specialized
medical support and hyperbaric supervision to provide assistance to a
team of specially trained airlock attendants and hyperbaric or
compressed-air workers (CAWs).
Based on an initial review of OJD's application for a permanent
variance and interim order for the construction of the Cemetery Brook
Drain Tunnel
[[Page 32097]]
Project in Manchester, New Hampshire, OSHA has preliminarily determined
that OJD has proposed an alternative that would provide a workplace at
least as safe and healthful as that provided by the standard.
II. The Variance Application
Pursuant to the requirements of OSHA's variance regulations (29 CFR
part 1905), the applicant has certified that it notified its workers
\2\ of the variance modification application and request for interim
order by posting, at prominent locations where it normally posts
workplace notices, a summary of the application and information
specifying where the workers can examine a copy of the application. In
addition, the applicant informed its workers and their representatives
of their rights to petition the Assistant Secretary for Occupational
Safety and Health for a hearing on the variance application.
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\2\ See the definition of ``Affected employee or worker'' in
section V.D of this notice.
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A. OSHA History of Approval of Nearly Identical Variance Requests
OSHA has previously approved several nearly identical variances
involving the same types of tunneling equipment used for similar
projects. OSHA notes that it granted several subaqueous tunnel
construction permanent variances from the same provisions of OSHA's
compressed-air standard (29 CFR 1926.803(e)(5), (f)(1), (g)(1)(iii),
and (g)(1)(xvii)) that are the subject of the present application: (1)
Impregilo Healy Parsons Joint Venture (IHP JV) for the Anacostia River
Tunnel in Washington, DC (80 FR 50652, August 20, 2015); (2) Traylor JV
for the Blue Plains Tunnel in Washington, DC (80 FR 16440, March 27,
2015)); (3) Tully/OHL USA JV for the New York Economic Development
Corporation's New York Siphon Tunnel project (79 FR 29809, May 23,
2014)); (4) Salini-Impregilo/Healy JV for the Northeast Boundary Tunnel
in Washington, DC (85 FR 27767, May 11, 2020); (5) McNally/Kiewit SST
for the Shoreline Storage Tunnel in Cleveland, Ohio (88 FR 15080, March
10, 2023); (6) Traylor Shea JV for the Alexandria RiverRenew Tunnel
Project in Alexandria, Virginia, and Washington, DC (88 FR 15090, March
10, 2023); (7) Traylor-Sundt Joint Venture, for the Integrated Pipeline
Tunnel Project in Dallas, Texas (88 FR 83152, November 28, 2023); (8)
Ballard Marine Construction for the Bay Park Conveyance Tunnel Project
in Nassau County, New York (89 FR 8442, February 7, 2024); (9) Ballard
Marine Construction for the Lower Olentangy Tunnel Project in Columbus,
Ohio (89 FR 78906, September 26, 2024); (10) CBNA/Halmar Joint Venture
for the Potomac River Tunnel Project in Washington, DC (90 FR 60742,
December 29, 2025); and (11) McNally/ASI Marine for the Southerly
Outfall Tunnel Project in Cleveland, Ohio (90 FR 60752, December 29,
2025). OSHA also granted an interim order to Ballard Marine
Construction for the Suffolk County, New York Outfall Tunnel Project
(86 FR 5253, January 19, 2021). The proposed alternate conditions in
this notice are nearly identical to the alternate conditions of the
previous permanent variances and interim orders.\3\ OSHA is not aware
of any injuries or other safety issues that arose from work performed
under these conditions in accordance with the previous variances.
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\3\ Most of the other subaqueous tunnel construction variances
allowed further deviation from OSHA standards by permitting employee
exposures above 50 p.s.i.g. based on the composition of the soil and
the amount of water above the tunnel for various sections of those
projects. The current proposed variance includes substantively the
same safeguards as the variances that OSHA granted previously, even
though employees will only be exposed to pressures up to 37 p.s.i.g.
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B. Variance From Paragraph (f)(1) of 29 CFR 1926.803, Requirement To
Use OSHA Decompression Tables
OSHA's compressed-air standard for construction requires
decompression in accordance with the decompression tables in Appendix A
of 29 CFR 1926, subpart S (see 29 CFR 1926.803(f)(1)). As an
alternative to the OSHA decompression tables, the applicant proposes to
use newer decompression schedules (the 1992 French Decompression
Tables) that rely on staged decompression and supplement breathing air
used during decompression with air or oxygen (as appropriate).\4\ The
applicant asserts decompression protocols using the 1992 French
Decompression Tables for air or oxygen as specified by the Cemetery
Brook Drain Tunnel Project-specific HOM are safer for tunnel workers
than the decompression protocols specified in Appendix A of 29 CFR
1926, subpart S. Accordingly, the applicant would commit to following
the decompression procedures described in that HOM, which would require
it to follow the 1992 French Decompression Tables to decompress CAWs
after they exit the hyperbaric conditions in the working chamber.
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\4\ In 1992, the French Ministry of Labour replaced the 1974
French Decompression Tables with the 1992 French Decompression
Tables, which differ from OSHA's decompression tables in Appendix A
by using: (1) staged decompression as opposed to continuous (linear)
decompression; (2) decompression tables based on air or both air and
pure oxygen; and (3) emergency tables when unexpected exposure times
occur (up to 30 minutes above the maximum allowed working time).
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Depending on the maximum working pressure and exposure times, the
1992 French Decompression Tables provide for air decompression with or
without oxygen. OJD asserts that oxygen decompression has many
benefits, including (1) keeping the partial pressure of nitrogen in the
lungs as low as possible; (2) keeping external pressure as low as
possible to reduce the formation of bubbles in the blood; (3) removing
nitrogen from the lungs and arterial blood and increasing the rate of
nitrogen elimination; (4) improving the quality of breathing during
decompression stops so that workers are less tired and to prevent bone
necrosis; (5) reducing decompression time by about 33 percent as
compared to air decompression; and (6) reducing inflammation.
In addition, the project-specific HOM requires a physician
certified in hyperbaric medicine, to manage the medical condition of
CAWs during hyperbaric exposures and decompression. A trained and
experienced airlock attendant is also required to be present during
hyperbaric exposures and decompression. This airlock attendant is to
operate the hyperbaric system to ensure compliance with the specified
decompression table. A hyperbaric supervisor, who is trained in
hyperbaric operations, procedures, and safety, directly oversees all
hyperbaric interventions and ensures that staff follow the procedures
delineated in the HOM or by the attending physician.
C. Variance From Paragraph (g)(1)(iii) of 29 CFR 1926.803,
Automatically Regulated Continuous Decompression
The applicant is applying for a permanent variance from the OSHA
standard at 29 CFR 1926.803(g)(1)(iii), which requires automatic
controls to regulate decompression. As noted above, the applicant is
committed to conducting the staged decompression according to the 1992
French Decompression Tables under the direct control of the trained
airlock attendant and under the oversight of the hyperbaric supervisor.
Breathing air under hyperbaric conditions increases the amount of
nitrogen gas dissolved in a CAW's tissues. The greater the hyperbaric
pressure under these conditions and the more time spent under the
increased pressure, the greater the amount of nitrogen gas dissolved in
the tissues.
[[Page 32098]]
When the pressure decreases during decompression, tissues release the
dissolved nitrogen gas into the blood system, which then carries the
nitrogen gas to the lungs for elimination through exhalation. Releasing
hyperbaric pressure too rapidly during decompression can increase the
size of the bubbles formed by nitrogen gas in the blood system,
resulting in decompression illness (DCI), commonly referred to as ``the
bends.'' This description of the etiology of DCI is consistent with
current scientific theory and research on the issue.
The 1992 French Decompression Tables proposed for use by the
applicant provide for stops during worker decompression (i.e., staged
decompression) to control the release of nitrogen gas from tissues into
the blood system. Studies show that staged decompression, in
combination with other features of the 1992 French Decompression Tables
such as the use of oxygen, result in a lower incidence of DCI than the
use of automatically regulated continuous decompression.\5\ In
addition, the applicant asserts that staged decompression administered
in accordance with its HOM is at least as effective as an automatic
controller in regulating the decompression process because the HOM
includes a hyperbaric supervisor who directly supervises all hyperbaric
interventions and ensures that the airlock attendant, who is a
competent person in the manual control of hyperbaric systems, follows
the schedule specified in the decompression tables, including stops.
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\5\ See, e.g., Dr. Eric Kindwall, EP (1997), Compressed air
tunneling and caisson work decompression procedures: development,
problems, and solutions. Undersea and Hyperbaric Medicine, 24(4),
pp. 337-345. This article reported 60 treated cases of DCI among
4,168 exposures between 19 and 31 p.s.i.g. over a 51-week contract
period, for a DCI incidence of 1.44% for the decompression tables
specified by the OSHA standard. Dr. Kindwall notes that the use of
automatically regulated continuous decompression in the Washington
State safety standards for compressed-air work (from which OSHA
derived its decompression tables) was at the insistence of
contractors and the union, and against the advice of the expert who
calculated the decompression table and recommended using staged
decompression. Dr. Kindwall then states, ``Continuous decompression
is inefficient and wasteful. For example, if the last stage from 4
p.s.i.g. . . . to the surface took 1h, at least half the time is
spent at pressures less than 2 p.s.i.g. . . ., which provides less
and less meaningful bubble suppression . . . .'' In addition, Dr.
Kindwall addresses the continuous-decompression protocol in the OSHA
compressed-air standard for construction, noting that ``[a]side from
the tables for saturation diving to deep depths, no other widely
used or officially approved diving decompression tables use straight
line, continuous decompressions at varying rates. Stage
decompression is usually the rule, since it is simpler to control.''
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D. Variance From Paragraph (g)(1)(xvii) of 29 CFR 1926.803, Requirement
of Special Decompression Chamber
The OSHA compressed-air standard for construction requires
employers to use a special decompression chamber of sufficient size to
accommodate all CAWs being decompressed at the end of the shift when
total decompression time exceeds 75 minutes (see 29 CFR
1926.803(g)(1)(xvii)). Use of the special decompression chamber enables
CAWs to move about and flex their joints to prevent neuromuscular
problems during decompression.
Space limitations in the TBM do not allow for the installation and
use of an additional special decompression lock or chamber. The
applicant proposes that it be permitted to rely on the main chamber,
which includes an inner and outer lock in lieu of adding a separate,
special decompression chamber. Because only a few workers out of the
entire crew are exposed to hyperbaric pressure, the main chamber,
including the inner and outer locks, is of sufficient size to
accommodate all of the exposed workers during decompression. The
applicant uses the main chamber, which adequately accommodates a three-
member crew for this purpose when decompression lasts up to 75 minutes.
When decompression exceeds 75 minutes, the main chamber permits the
crew to stand and extend their extremities. In the event of an
emergency or requirement to conduct decompression outside of the main
chamber, the applicant will have both a medical and shuttle chamber
onsite during tunneling operations, both of which are double
compartment chambers equipped to support hyperbaric medical treatment.
The shuttle chamber supports limited hyperbaric medical treatment while
the medical lock supports full medical treatment. The medical and
shuttle chambers will be on standby during hyperbaric and post-
hyperbaric interventions in the event there is a requirement to treat
personnel suffering with decompression illness. The shuttle chamber
shall be stationed within the tunnel as close as possible to the main
chamber. Workers will have the ability to exit the main chamber (during
decompression stops) and move into the shuttle chamber under the strict
planning and supervision of the hyperbaric supervisor and hyperbaric
physician. The shuttle chamber will have the ability to additionally
lock onto the on-site medical lock as needed and as directed by the
hyperbaric physician. For hyperbaric treatment purposes, both the
shuttle and medical chambers will enable CAWs to move about and flex
their joints and receive treatment as required. The applicant asserts
that this alternative arrangement is as effective as a special
decompression chamber in that it has sufficient space for all the CAWs
at the end of a shift and enables CAWs to move about and flex their
joints to prevent neuromuscular problems.
III. Agency Preliminary Determinations
After reviewing the proposed alternatives, OSHA has preliminarily
determined that the applicant's proposed alternatives on the whole,
subject to the conditions in the request and imposed by this interim
order, provide measures that are as safe and healthful as those
required by the cited OSHA standards addressed in section II of this
notice.
In addition, OSHA has preliminarily determined that each of the
following alternatives are at least as effective as the specified OSHA
requirements:
A. 29 CFR 1926.803(f)(1)
OJD has proposed to implement equally effective alternative
measures to the requirement in 29 CFR 1926.803(f)(1) for compliance
with OSHA's decompression tables. The project-specific HOM specifies
the procedures and personnel qualifications for performing work safely
during the compression and decompression phases of interventions. The
HOM also specifies the decompression tables the applicant proposes to
use (the 1992 French Decompression Tables). Depending on the maximum
working pressure and exposure times during the interventions, the
tables provide for decompression using air, pure oxygen, or a
combination of air and oxygen. The decompression tables also include
delays or stops for various time intervals at different pressure levels
during the transition to atmospheric pressure (i.e., staged
decompression). In all cases, a physician certified in hyperbaric
medicine will manage the medical condition of CAWs during
decompression. In addition, a trained airlock attendant, experienced in
recognizing decompression sickness or illnesses and injuries, will be
present. Of key importance, a hyperbaric supervisor, trained in
hyperbaric operations, procedures, and safety, will directly supervise
all hyperbaric operations to ensure compliance with the procedures
delineated in the project-specific HOM or by the attending physician.
As it did when granting the previous tunneling permanent variances
to IHP JV, Traylor JV, Tully JV, Salini-
[[Page 32099]]
Impregilo JV, McNally/Kiewit, Traylor-Shea, Traylor-Sundt JV, Ballard
(Lower Olentangy), Ballard (Bay Park), CBNA/Halmar, McNally/ASI Marine
and one interim order to Ballard (Suffolk), OSHA conducted a review of
the scientific literature and concluded that the alternative
decompression method (i.e., the 1992 French Decompression Tables) OJD
proposed would be at least as safe as the decompression tables
specified by OSHA when applied by trained medical personnel under the
conditions that would be imposed by the proposed variance.
Some of the literature indicates that the alternative decompression
method may be safer, concluding that decompression performed in
accordance with these tables resulted in a lower occurrence of DCI than
decompression conducted in accordance with the decompression tables
specified by the standard. For example, H. L. Andersen studied the
occurrence of DCI at maximum hyperbaric pressures ranging from 4
p.s.i.g. to 43 p.s.i.g. during construction of the Great Belt Tunnel in
Denmark (1992-1996).\6\ This project used the 1992 French Decompression
Tables to decompress the workers during part of the construction.
Andersen observed 6 DCI cases out of 7,220 decompression events and
reported that switching to the 1992 French Decompression tables reduced
the DCI incidence to 0.08% compared to a previous incidence rate of
0.14%. The DCI incidence in the study by H. L. Andersen is
substantially less than the DCI incidence reported for the
decompression tables specified in Appendix A.
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\6\ Andersen HL (2002). Decompression sickness during
construction of the Great Belt tunnel, Denmark. Undersea and
Hyperbaric Medicine, 29(3), pp. 172-188.
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OSHA found no studies in which the DCI incidence reported for the
1992 French Decompression Tables were higher than the DCI incidence
reported for the OSHA decompression tables.\7\
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\7\ Le P[eacute]chon JC, Barre P, Baud JP, Ollivier F (September
1996). Compressed air work--French Tables 1992--operational results.
JCLP Hyperbarie Paris, Centre Medical Subaquatique Interentreprise,
Marseille: Communication a l'EUBS, pp. 1-5 (see Ex. OSHA-2012-0036-
0005).
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OSHA's experience with the previous several variances, which all
incorporated nearly identical decompression plans and did not result in
safety issues, also provide evidence that the alternative procedure as
a whole is at least as effective for this type of tunneling project as
compliance with OSHA's decompression tables. The experience of States
with OSHA-approved State Plans \8\ that either granted variances
(Nevada, Oregon and Washington) \9\ or promulgated a new standard
(California) \10\ for hyperbaric exposures occurring during similar
subaqueous tunnel-construction work, provide additional evidence of the
effectiveness of this alternative procedure.
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\8\ Under section 18 of the OSH Act, Congress expressly provides
that States and U.S. territories may adopt, with Federal approval, a
plan for the development and enforcement of occupational safety and
health standards. OSHA refers to such States and territories as
States with OSHA approved ``State Plans'' (or simply refers to the
programs as ``State Plans''). Occupational safety and health
standards developed by State Plan States must be at least as
effective in providing safe and healthful employment and places of
employment as the Federal standards (29 U.S.C. 667).
\9\ These state variances are available in the docket for the
2015 Traylor JV variance: Exs. OSHA-2012-0035-0006 (Nevada), OSHA-
2012-0035-0005 (Oregon), and OSHA-2012-0035-0004 (Washington).
\10\ See California Code of Regulations, Title 8, Subchapter 7,
Group 26, Article 154, available at <a href="http://www.dir.ca.gov/title8/sb7g26a154.html">http://www.dir.ca.gov/title8/sb7g26a154.html</a>.
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B. 29 CFR 1926.803(g)(1)(iii)
OJD developed, and proposed to implement, an equally effective
alternative to 29 CFR 1926.803(g)(1)(iii), which requires the use of
automatic controllers that continuously decrease pressure to achieve
decompression in accordance with the tables specified by the standard.
The applicant's alternative includes using the 1992 French
Decompression Tables for guiding staged decompression to achieve lower
occurrences of DCI, using a trained and competent attendant for
implementing appropriate hyperbaric entry and exit procedures, and
providing a competent hyperbaric supervisor and attending physician
certified in hyperbaric medicine to oversee all hyperbaric operations.
In reaching this preliminary conclusion, OSHA again notes the
experience of previous nearly identical tunneling variances, the
experiences of State Plans, and a review of the literature and other
information noted earlier.
C. 29 CFR 1926.803(g)(1)(xvii)
OJD developed, and proposed to implement, an effective alternative
to the use of the special decompression chamber required by 29 CFR
1926.803(g)(1)(xvii). The TBM's airlock appears to satisfy all of the
conditions of the special decompression chamber, including that it
provides sufficient space for the maximum crew of three CAWs to stand
up and move around, and safely accommodate decompression times up to
360 minutes. Therefore, again noting OSHA's previous experience with
nearly identical variances including the same alternative, OSHA
preliminarily determines that the TBM's airlock functions as
effectively as the special decompression chamber required by the
standard.
Pursuant to section 6(d) of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 655(d)), and based on the record discussed above,
the agency preliminarily finds that when the employer complies with the
conditions of the proposed variance, the working conditions of the
employer's workers would be at least as safe and healthful as if the
employer complied with the working conditions specified by paragraphs
(f)(1), (g)(1)(iii), and (g)(1)(xvii) of 29 CFR 1926.803.
IV. Grant of Interim Order, Proposal for Permanent Variance, and
Request for Comment
OSHA hereby announces the preliminary decision to grant an interim
order allowing OJD's CAWs to perform interventions in hyperbaric
conditions not exceeding 37 p.s.i.g. during the Cemetery Brook Drain
Tunnel Project, subject to the conditions that follow in this document.
This interim order will remain in effect until completion of the
Cemetery Brook Drain Tunnel Project or until the agency modifies or
revokes the interim order or makes a final decision on OJD's
application for a permanent variance. During the period starting with
the publication of this notice until completion of the Cemetery Brook
Drain Tunnel Project, or until the agency modifies or revokes the
interim order or makes a final decision on the application for a
permanent variance, OJD is required to comply fully with the conditions
of the interim order as an alternative to complying with the following
requirements of 29 CFR 1926.803 (hereinafter, the standard) that:
1. Require the use of decompression values specified by the
decompression tables in Appendix A of the compressed-air standard (29
CFR 1926.803(f)(1));
2. Require the use of automated operational controls (29 CFR
1926.803(g)(1)(iii)); and
3. Require the use of a special decompression chamber (29 CFR
1926.803(g)(1)(xvii)).
In order to avail itself of the interim order, OJD must: (1) comply
with the conditions listed in the interim order for the period starting
with the grant of the interim order and ending with OJD's completion of
the Cemetery Brook Drain Tunnel Project (or until the agency modifies
or revokes the interim order or
[[Page 32100]]
makes a decision on its application for a permanent variance); (2)
comply fully with all other applicable provisions of 29 CFR part 1926;
and (3) provide a copy of this Federal Register notice to all employees
affected by the proposed conditions, including the affected employees
of other employers, using the same means it used to inform these
employees of its application for a permanent variance.
OSHA is also proposing that the same requirements (see above
section III) would apply to a permanent variance if OSHA ultimately
issues one for this project. OSHA requests comment on those conditions
as well as OSHA's preliminary determination that the specified
alternatives and conditions would provide a workplace as safe and
healthful as those required by the standard from which a variance is
sought. After reviewing comments, OSHA will publish in the Federal
Register the agency's final decision granting or denying a permanent
variance.
V. Description of the Specified Conditions of the Interim Order and the
Application for a Permanent Variance
This section describes the alternative means of compliance with 29
CFR 1926.803 (f)(1), (g)(1)(iii), and (g)(1)(xvii) and provides
additional detail regarding the proposed conditions that form the basis
of OJD's application for an interim order and permanent variance. The
conditions are listed below. For brevity, the discussion that follows
refers only to the permanent variance, but the same conditions apply to
the interim order.
Proposed Condition A: Scope
The scope of the proposed permanent variance would limit coverage
to the work situations specified. Clearly defining the scope of the
proposed permanent variance provides OJD, OJD's employees, potential
future applicants, other stakeholders, the public, and OSHA with
necessary information regarding the work situations in which the
proposed permanent variance would apply. To the extent that OJD exceeds
the defined scope of this variance, it would be required to comply with
OSHA's standards.
Pursuant to 29 CFR 1905.11, an employer (or class or group of
employers) \11\ may request a permanent variance for a specific
workplace or workplaces. If OSHA approves a permanent variance, it
would apply only to the specific employer(s) that submitted the
application and only to the specific workplace or workplaces designated
as part of the project. In this instance, if OSHA were to grant a
permanent variance, it would apply to only the applicant, OJD, and only
the Cemetery Brook Drain Tunnel Project. As a result, it is important
to understand that if OSHA were to grant OJD a permanent variance, it
would not apply to any other employers, or to projects the applicant
may undertake in the future.
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\11\ A class or group of employers (such as members of a trade
alliance or association) may apply jointly for a variance provided
an authorized representative for each employer signs the application
and the application identifies each employer's affected facilities.
---------------------------------------------------------------------------
Proposed Condition B: Duration
The interim order is only intended as a temporary measure pending
OSHA's decision on the permanent variance, so this condition specifies
the duration of the order. If OSHA approves a permanent variance, it
would specify the duration of the permanent variance as the remainder
of the Cemetery Brook Drain Tunnel Project.
Proposed Condition C: List of Abbreviations
The proposed condition defines a number of abbreviations used in
the proposed permanent variance. OSHA believes that defining these
abbreviations serve to clarify and standardize their usage, thereby
enhancing the applicant's and its employees' understanding of the
conditions specified by the proposed permanent variance.
Proposed Condition D: Definitions
The proposed condition defines a series of terms, mostly technical
terms, used in the proposed permanent variance to standardize and
clarify their meaning. OSHA believes that defining these terms serves
to enhance the applicant's and its employees' understanding of the
conditions specified by the proposed permanent variance.
Proposed Condition E: Safety and Health Practices
This proposed condition requires the applicant to develop and
submit to OSHA a HOM specific to the Cemetery Brook Drain Tunnel
Project at least six months before using the TBM for tunneling
operations. The applicant must also submit, at least six months before
using the TBM, proof that the TBM's hyperbaric chambers have been
designed, fabricated, inspected, tested, marked, and stamped in
accordance with the requirements of ASME PVHO-1.2019 (or the most
recent edition of Safety Standards for Pressure Vessels for Human
Occupancy by the American Society of Mechanical Engineers). These
requirements ensure that the applicant develops hyperbaric safety and
health procedures suitable for the project.
The submission of the HOM to OSHA, which OJD has already completed,
enables OSHA to determine whether the safety and health instructions
and measures it specifies are appropriate to the field conditions of
the tunnel (including expected geological conditions), conform to the
conditions of the variance, and adequately protect the safety and
health of the CAWs. It also facilitates OSHA's ability to ensure that
the applicant is complying with these instructions and measures. The
requirement for proof of compliance with ASME PVHO-1.2019 is intended
to ensure that the equipment is structurally sound and capable of
performing to protect the safety of the employees exposed to hyperbaric
pressure.
Additionally, the proposed condition includes a series of related
hazard prevention and control requirements and methods (e.g.,
decompression tables, job hazard analyses (JHA), operations and
inspections checklists, incident investigation, and recording and
notification to OSHA of recordable hyperbaric injuries and illnesses)
designed to ensure the continued effective functioning of the
hyperbaric equipment and operating system.
Proposed Condition F: Communication
This proposed condition requires the applicant to develop and
implement an effective system of information sharing and communication.
Effective information sharing and communication are intended to ensure
that affected workers receive updated information regarding any safety-
related hazards and incidents, and corrective actions taken, prior to
the start of each shift. The proposed condition also requires the
applicant to ensure that reliable means of emergency communications are
available and maintained for affected workers and support personnel
during hyperbaric operations. The availability of such reliable means
of communications would enable affected workers and support personnel
to respond quickly and effectively to hazardous conditions or
emergencies that may develop during TBM operations.
Proposed Condition G: Worker Qualification and Training
This proposed condition requires the applicant to develop and
implement an effective qualification and training program for affected
workers. The proposed condition specifies the factors
[[Page 32101]]
that an affected worker must know to perform safely during hyperbaric
operations, including how to enter, work in, and exit from hyperbaric
conditions under both normal and emergency conditions. Having well-
trained and qualified workers performing hyperbaric intervention work
is intended to ensure that they recognize, and respond appropriately
to, hyperbaric safety and health hazards. These qualification and
training requirements enable affected workers to cope effectively with
emergencies, as well as the discomfort and physiological effects of
hyperbaric exposure, thereby preventing worker injury, illness, and
fatalities.
Paragraph (2)(e) of this proposed condition requires the applicant
to provide affected workers with information they can use to contact
the appropriate healthcare professionals if the workers believe they
are developing hyperbaric-related health effects. This requirement
provides for early intervention and treatment of DCI and other health
effects resulting from hyperbaric exposure, thereby reducing the
potential severity of these effects.
Proposed Condition H: Inspections, Tests, and Accident Prevention
Proposed Condition H requires the applicant to develop, implement,
and operate a program of frequent and regular inspections of the TBM's
hyperbaric equipment and support systems, and associated work areas.
This condition would help to ensure the safe operation and physical
integrity of the equipment and work areas necessary to conduct
hyperbaric operations. The condition would also enhance worker safety
by reducing the risk of hyperbaric-related emergencies.
Paragraph (3) of this proposed condition requires the applicant to
document tests, inspections, corrective actions, and repairs involving
the TBM, and maintain these documents at the jobsite for the duration
of the job. This requirement would provide the applicant with
information needed to schedule tests and inspections to ensure the
continued safe operation of the equipment and systems, and to determine
that the actions taken to correct defects in hyperbaric equipment and
systems were appropriate, prior to returning them to service.
Proposed Condition I: Compression and Decompression
This proposed condition would require the applicant to consult with
the designated medical advisor regarding special compression or
decompression procedures appropriate for any unacclimated CAW and then
implement the procedures recommended by the medical consultant. This
proposed provision would ensure that the applicant consults with the
medical advisor, and involves the medical advisor in the evaluation,
development, and implementation of compression or decompression
protocols appropriate for any CAW requiring acclimation to the
hyperbaric conditions encountered during TBM operations. Accordingly,
CAWs requiring acclimation would have an opportunity to acclimate prior
to exposure to these hyperbaric conditions. OSHA believes this
condition would prevent or reduce adverse reactions among CAWs to the
effects of compression or decompression associated with the
intervention work they perform in the TBM.
Proposed Condition J: Recordkeeping
Under OSHA's existing recordkeeping requirements in 29 CFR part
1904 regarding Recording and Reporting Occupational Injuries and
Illnesses, the employer must maintain a record of any recordable
injury, illness, or fatality (as defined by 29 CFR part 1904) resulting
from exposure of an employee to hyperbaric conditions by completing the
OSHA Form 301 Incident Report and OSHA Form 300 Log of Work-Related
Injuries and Illnesses. The applicant did not seek a variance from this
standard and therefore OJD must comply fully with those requirements.
Examples of important information to include on the OSHA Form 301
Injury and Illness Incident Report (along with the corresponding
questions on the form) are:
Q14
<bullet> the task performed;
<bullet> the composition of the gas mixture (e.g., air or oxygen);
<bullet> an estimate of the CAW's workload;
<bullet> the maximum working pressure;
<bullet> temperature in the work and decompression environments;
<bullet> unusual occurrences, if any, during the task or
decompression
Q15
<bullet> time of symptom onset;
<bullet> duration between decompression and onset of symptoms
Q16
<bullet> type and duration of symptoms;
<bullet> a medical summary of the illness or injury
Q17
<bullet> duration of the hyperbaric intervention;
<bullet> possible contributing factors;
<bullet> the number of prior interventions completed by the injured
or ill CAW; and the pressure to which the CAW was exposed during those
interventions.\12\
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\12\ See 29 CFR 1904 Recording and Reporting Occupational
Injuries and Illnesses (<a href="http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631">http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9631</a>); recordkeeping
forms and instructions (<a href="http://www.osha.gov/recordkeeping/RKform300pkg-fillable-enabled.pdf">http://www.osha.gov/recordkeeping/RKform300pkg-fillable-enabled.pdf</a>); and OSHA Recordkeeping Handbook
(<a href="http://www.osha.gov/recordkeeping/handbook/index.html">http://www.osha.gov/recordkeeping/handbook/index.html</a>).
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Proposed Condition J would add additional reporting
responsibilities, beyond those already required by the OSHA standard.
The applicant would be required to maintain records of specific factors
associated with each hyperbaric intervention. The information gathered
and recorded under this provision, in concert with the information
provided under proposed Condition K (using OSHA Form 301 Injury and
Illness Incident Report to investigate and record hyperbaric recordable
injuries as defined by 29 CFR 1904.4, 1904.7, 1904.8-1904.12), would
enable the applicant and OSHA to assess the effectiveness of the
permanent variance in preventing DCI and other hyperbaric-related
effects.
Proposed Condition K: Notifications
Under the proposed condition, the applicant is required, within
specified periods of time, to notify OSHA of: (1) any recordable
injury, illness, in-patient hospitalization, amputation, loss of an
eye, or fatality that occurs as a result of hyperbaric exposures during
TBM operations within 8 hours; (2) provide OSHA a copy of the
hyperbaric exposures incident investigation report (using OSHA Form 301
Injury and Illness Incident Report) of these events within 24 hours of
the incident; (3) include on OSHA Form 301 Injury and Illness Incident
Report information on the hyperbaric conditions associated with the
recordable injury or illness, the root-cause determination, and
preventive and corrective actions identified and implemented; (4)
provide the certification along with the OSHA Form 301, that affected
workers were informed of the incident and the results of the incident
investigation; (5) notify OSHA's Office of Technical Programs and
Coordination Activities (OTPCA) and the OSHA Concord Area Office within
15 working days should the applicant need to revise the HOM to
accommodate changes in its compressed-air operations that affect OJD's
ability to comply with the conditions of the proposed permanent
variance; and (6) provide OTPCA and the OSHA Concord Area Office, at
the
[[Page 32102]]
end of the project, with a report evaluating the effectiveness of the
decompression tables within 30 days of the completion of the Cemetery
Brook Drain Tunnel Project.
It should be noted that the requirement for completing and
submitting the hyperbaric exposure-related (recordable) incident
investigation report (OSHA 301 Injury and Illness Incident Report) is
more restrictive than the current recordkeeping requirement of
completing OSHA Form 301 Injury and Illness Incident Report within 7
calendar days of the incident (1904.29(b)(3)). This modified, more
stringent incident investigation and reporting requirement is
restricted to intervention-related hyperbaric (recordable) incidents
only. Providing rapid notification to OSHA is essential because time is
a critical element in OSHA's ability to determine the continued
effectiveness of the variance conditions in preventing hyperbaric
incidents, and the applicant's identification and implementation of
appropriate corrective and preventive actions.
Further, these notification requirements also enable the applicant,
its employees, and OSHA to assess the effectiveness of the permanent
variance in providing the requisite level of safety to the applicant's
workers and based on this assessment, whether to revise or revoke the
conditions of the proposed permanent variance. Timely notification
permits OSHA to take whatever action may be necessary and appropriate
to prevent possible further injuries and illnesses. Providing
notification to employees informs them of the precautions taken by the
applicant to prevent similar incidents in the future.
Additionally, this proposed condition requires the applicant to
notify OSHA no later than seven (7) days of having knowledge that it
will cease to do business, have a new address or location for the main
office, or transfer the operations covered by the proposed permanent
variance to a successor company. In addition, the condition specifies
that the transfer of the permanent variance to a successor company must
be approved by OSHA. These requirements allow OSHA to communicate
effectively with the applicant regarding the status of the proposed
permanent variance and expedite the agency's administration and
enforcement of the permanent variance. Stipulating that an applicant is
required to have OSHA's approval to transfer a variance to a successor
company provides assurance that the successor company has knowledge of,
and will comply with, the conditions specified by the proposed
permanent variance, thereby ensuring the safety of workers involved in
performing the operations covered by the proposed permanent variance.
VI. Specific Conditions of the Interim Order and the Proposed Permanent
Variance
The following conditions apply to the interim order OSHA is
granting to OJD for the Cemetery Brook Drain Tunnel Project. These
conditions specify the alternative means of compliance with the
requirements of paragraphs 29 CFR 1926.803(f)(1), (g)(1)(iii), and
(g)(1)(xvii). In addition, these conditions are specific to the
alternative means of compliance with these requirements that OSHA is
proposing for OJD's permanent variance. To simplify the presentation of
the conditions, OSHA generally refers only to the conditions of the
proposed permanent variance, but the same conditions apply to the
interim order except where otherwise noted.\13\
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\13\ In these conditions, OSHA is using the future conditional
form of the verb (e.g., ``would''), which pertains to the
application for a permanent variance (designated as ``Permanent
Variance'') but the conditions are mandatory for purposes of the
interim order.
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The conditions would apply with respect to all employees of OJD
exposed to hyperbaric conditions. These conditions are outlined in this
section:
A. Scope
The interim order applies, and the permanent variance would apply
only when OJD stops the tunnel-boring work, pressurizes the working
chamber, and the CAWs either enter the working chamber to perform an
intervention (i.e., inspect, maintain, or repair the mechanical-
excavation components), or exit the working chamber after performing
interventions.
The interim order and proposed permanent variance apply only to
work:
1. That occurs in conjunction with construction of the Cemetery
Brook Drain Tunnel Project, a tunnel constructed using advanced
shielded mechanical-excavation techniques and involving operation of an
TBM;
2. In the TBM's forward section (the working chamber) and
associated hyperbaric chambers used to pressurize and decompress
employees entering and exiting the working chamber; and
3. Performed in compliance with all applicable provisions of 29 CFR
part 1926 except for the requirements specified by 29 CFR
1926.803(f)(1), (g)(1)(iii), and (g)(1)(xvii).
B. Duration
The interim order granted to OJD will remain in effect until OJD
completes the Cemetery Brook Drain Tunnel Project, OSHA modifies or
revokes this interim order, or OSHA grants OJD's request for a
permanent variance. The proposed permanent variance, if granted, would
remain in effect until the completion of OJD's Cemetery Brook Drain
Tunnel Project or until modified or revoked by OSHA pursuant to 29 CFR
1905.13(a)(2).
C. List of Abbreviations
Abbreviations used throughout this proposed permanent variance
would include the following:
1. CAW--Compressed-air worker
2. CFR--Code of Federal Regulations
3. DCI--Decompression Illness
4. DMT--Diver Medical Technician
5. OJD--Obayashi--Jay Dee Joint Venture
6. TBM--Earth Pressure Balanced Tunnel Boring Machine
7. HOM--Hyperbaric Operations Manual
8. JHA--Job hazard analysis
9. OSHA--Occupational Safety and Health Administration
10. OTPCA--Office of Technical Programs and Coordination Activities
D. Definitions
The following definitions would apply to this proposed permanent
variance. These definitions would supplement the definitions in OJD's
project-specific HOM.
1. Affected employee or worker--an employee or worker who is
affected by the conditions of this proposed permanent variance, or any
one of his or her authorized representatives. The term ``employee'' has
the meaning defined and used under the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.).
2. Airlock--A compartment/chamber with controlled pressure and
parallel sets of doors to permits movement between areas at different
pressures.
3. Atmospheric pressure--the pressure of air at sea level,
generally 14.7 pounds per square inch absolute (p.s.i.a)., 1 atmosphere
absolute, or 0 p.s.i.g.
4. Compressed-air worker--an individual who is specially trained
and medically qualified to perform work in a pressurized environment
while breathing air at pressures not exceeding 37 p.s.i.g.
5. Competent person--an individual who is capable of identifying
existing and predictable hazards in the surroundings or working
conditions that are unsanitary, hazardous, or dangerous
[[Page 32103]]
to employees, and who has authorization to take prompt corrective
measures to eliminate them.\14\
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\14\ Adapted from 29 CFR 1926.32(f).
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6. Decompression illness--an illness (also called decompression
sickness or ``the bends'') caused by gas bubbles appearing in body
compartments due to a reduction in ambient pressure. Examples of
symptoms of decompression illness include, but are not limited to:
joint pain (also known as the ``bends'' for agonizing pain or the
``niggles'' for slight pain); areas of bone destruction (termed
dysbaric osteonecrosis); skin disorders (such as cutis marmorata, which
causes a pink marbling of the skin); spinal cord and brain disorders
(such as stroke, paralysis, paresthesia, and bladder dysfunction);
cardiopulmonary disorders, such as shortness of breath; and arterial
gas embolism (gas bubbles in the arteries that block blood flow).\15\
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\15\ See Appendix 10 of ``A Guide to the Work in Compressed-Air
Regulations 1996,'' published by the United Kingdom Health and
Safety Executive available from NIOSH at <a href="http://www.cdc.gov/niosh/docket/archive/pdfs/NIOSH-254/compReg1996.pdf">http://www.cdc.gov/niosh/docket/archive/pdfs/NIOSH-254/compReg1996.pdf</a>
Note: Health effects associated with hyperbaric intervention,
but not considered symptoms of DCI, can include: barotrauma (direct
damage to air-containing cavities in the body such as ears, sinuses,
and lungs); nitrogen narcosis (reversible alteration in
consciousness that may occur in hyperbaric environments and is
caused by the anesthetic effect of certain gases at high pressure);
and oxygen toxicity (a central nervous system condition resulting
from the harmful effects of breathing molecular oxygen
---------------------------------------------------------------------------
(O<INF>2</INF>) at elevated partial pressures).
7. Diver Medical Technician--Member of the dive team who is
experienced in first aid.
8. Earth Pressure Balanced Tunnel Boring Machine--the machinery
used to excavate a tunnel.
9. Hot work--any activity performed in a hazardous location that
may introduce an ignition source into a potentially flammable
atmosphere.\16\
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\16\ Also see 29 CFR 1926.1202 for examples of hot work.
---------------------------------------------------------------------------
10. Hyperbaric--at a higher pressure than atmospheric pressure.
11. Hyperbaric intervention--a term that describes the process of
stopping the TBM and preparing and executing work under hyperbaric
pressure in the working chamber for the purpose of inspecting,
replacing, or repairing cutting tools and/or the cutterhead structure.
12. Hyperbaric Operations Manual--a detailed, project-specific
health and safety plan developed and implemented by OJD for working in
compressed air during the Cemetery Brook Drain Tunnel Project.
13. Inner lock--primary lock of the main chamber, provides access
to the working chamber for performing work on the tunnel face or TBM
repair.
14. Job hazard analysis--an evaluation of tasks or operations to
identify potential hazards and to determine the necessary controls.
15. Main Chamber--The main compartment of the airlock.
16. Medical Advisor--medical professional experienced in the
physical requirements of compressed air work and the treatment of
decompression illness.
17. Medical lock--a double compartment chamber equipped to support
full hyperbaric medical treatment.
18. Outer Lock--The secondary lock of the main chamber, used for
transferring occupants in and out of the inner lock.
19. Pressure--a force acting on a unit area. Usually expressed as
pounds per square inch (p.s.i.).
20. p.s.i.a.--pounds per square inch absolute, or absolute
pressure, is the sum of the atmospheric pressure and gauge pressure. At
sea level, atmospheric pressure is approximately 14.7 p.s.i.a. Adding
14.7 to a pressure expressed in units of p.s.i.g. will yield the
absolute pressure, expressed as p.s.i.a.
21. p.s.i.g.--pounds per square inch gauge, a common unit of
pressure; pressure expressed as p.s.i.g. corresponds to pressure
relative to atmospheric pressure. At sea level, atmospheric pressure is
approximately 14.7 p.s.i.a. Subtracting 14.7 from a pressure expressed
in units of p.s.i.a. yields the gauge pressure, expressed as p.s.i.g.
At sea level the gauge pressure is 0 p.s.i.g.
22. Qualified person--an individual who, by possession of a
recognized degree, certificate, or professional standing, or who, by
extensive knowledge, training, and experience, successfully
demonstrates an ability to solve or resolve problems relating to the
subject matter, the work, or the project.\17\
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\17\ Adapted from 29 CFR 1926.32(m).
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23. Shuttle lock--a double compartment chamber equipped to support
limited medical hyperbaric treatment.
24. Working chamber--an enclosed space in the TBM in which CAWs
perform interventions, and which is accessible only through the airlock
(also referred to as main chamber).
E. Safety and Health Practices
1. OJD would have to adhere to the project-specific HOM submitted
to OSHA as part of the application (see OSHA-2026-0001-0003). The HOM
provides the minimum requirements regarding expected safety and health
hazards (including anticipated geological conditions) and hyperbaric
exposures during the tunnel construction project.
2. OJD would have to demonstrate that the TBM on the project is
designed, fabricated, inspected, tested, marked, and stamped in
accordance with the requirements of ASME PVHO-1.2019 (or most recent
edition of Safety Standards for Pressure Vessels for Human Occupancy)
for the TBM's hyperbaric chambers.
3. OJD would have to implement the safety and health instructions
included in the manufacturer's operations manuals for the TBM, and the
safety and health instructions provided by the manufacturer for the
operation of decompression equipment.
4. OJD would have to ensure that there are no exposures to
pressures greater than 37 p.s.i.g.
5. OJD would have to ensure that air or oxygen is the only
breathing gas in the working chamber.
6. OJD would have to follow the 1992 French Decompression Tables
for air or oxygen decompression as specified in the HOM; specifically,
the extracted portions of the 1992 French Decompression tables titled,
``French Regulation Air Standard Tables.''
7. OJD would have to equip the airlock used by employees with an
air or oxygen delivery system, as specified by the HOM for the project.
OJD would be prohibited from storing in the tunnel any oxygen or other
compressed gases used in conjunction with hyperbaric work.
8. Workers performing hot work under hyperbaric conditions would
have to use flame-retardant personal protective equipment and clothing.
9. In hyperbaric work areas, OJD would have to maintain an adequate
fire-suppression system approved for hyperbaric work areas.
10. OJD would have to develop and implement one or more Job Hazard
Analysis (JHA) for work in the hyperbaric work areas, and review,
periodically and as necessary (e.g., after making changes to a planned
intervention that affects its operation), the contents of the JHAs with
affected employees. The JHAs would have to include all the job
functions that the
[[Page 32104]]
risk assessment \18\ indicates are essential to prevent injury or
illness.
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\18\ See ANSI/AIHA Z10-2012, American National Standard for
Occupational Health and Safety Management Systems, for reference.
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11. OJD would have to develop a set of checklists to guide
compressed-air work and ensure that employees follow the procedures
required by the proposed permanent variance and this interim order
(including all procedures required by the HOM approved by OSHA for the
project, which this proposed variance would incorporate by reference).
The checklists would have to include all steps and equipment functions
that the risk assessment indicates are essential to prevent injury or
illness during compressed-air work.
12. OJD would have to ensure that the safety and health provisions
of this project-specific HOM adequately protect the workers of all
contractors and subcontractors involved in hyperbaric operations for
the project to which the HOM applies.
F. Communication
OJD would have to:
1. Prior to beginning a shift, implement a system that informs
workers exposed to hyperbaric conditions of any hazardous occurrences
or conditions that might affect their safety, including hyperbaric
incidents, gas releases, equipment failures, earth or rock-slides,
cave-ins, flooding, fires, or explosions.
2. Provide a power-assisted means of communication among affected
workers and support personnel in hyperbaric conditions where unassisted
voice communication is inadequate.
(a) Use an independent power supply for powered communication
systems, and these systems would have to operate such that use or
disruption of any one phone or signal location will not disrupt the
operation of the system from any other location.
(b) Test communication systems at the start of each shift and as
necessary thereafter to ensure proper operation.
G. Worker Qualifications and Training
OJD would have to:
1. Ensure that each affected worker receives effective training on
how to safely enter, work in, exit from, and undertake emergency
evacuation or rescue from, hyperbaric conditions, and document this
training.
2. Provide effective instruction on hyperbaric conditions, before
beginning hyperbaric operations, to each worker who performs work, or
controls the exposure of others, and document this instruction. The
instruction would need to include:
(a) The physics and physiology of hyperbaric work;
(b) Recognition of pressure-related injuries;
(c) Information on the causes and recognition of the signs and
symptoms associated with decompression illness, and other hyperbaric
intervention-related health effects (e.g., barotrauma, nitrogen
narcosis, and oxygen toxicity);
(d) How to avoid discomfort during compression and decompression;
(e) Information the workers can use to contact the appropriate
healthcare professionals should the workers have concerns that they may
be experiencing adverse health effects from hyperbaric exposure; and
(f) Procedures and requirements applicable to the employee in the
project-specific HOM.
3. Repeat the instruction specified in paragraph (G) of this
proposed condition periodically and as necessary (e.g., after making
changes to its hyperbaric operations).
4. When conducting training for its hyperbaric workers, make this
training available to OSHA personnel and notify the OTPCA at OSHA's
national office and OSHA's Concord Area Office before the training
takes place.
H. Inspections, Tests, and Accident Prevention
1. OJD would have to initiate and maintain a program of frequent
and regular inspections of the TBM's hyperbaric equipment and support
systems (such as temperature control, illumination, ventilation, and
fire-prevention and fire-suppression systems), and hyperbaric work
areas, as required under 29 CFR 1926.20(b)(2), including:
(a) Developing a set of checklists to be used by a competent person
in conducting weekly inspections of hyperbaric equipment and work
areas; and
(b) Ensuring that a competent person conducts daily visual checks
and weekly inspections of the TBM.
2. Remove from service any equipment that constitutes a safety
hazard until it corrects the hazardous condition and has the correction
approved by a qualified person.
3. OJD would have to maintain records of all tests and inspections
of the TBM, as well as associated corrective actions and repairs, at
the job site for the duration of the tunneling project and for 90 days
after the final project report is submitted to OSHA.
I. Compression and Decompression
OJD would have to consult with its attending physician concerning
the need for special compression or decompression exposures appropriate
for CAWs not acclimated to hyperbaric exposure.
J. Recordkeeping
In addition to completing OSHA Form 301 Injury and Illness Incident
Report and OSHA Form 300 Log of Work-Related Injuries and Illnesses,
OJD would have to maintain records of:
1. The date, times (e.g., time compression started, time spent
compressing, time performing intervention, time spent decompressing),
and pressure for each hyperbaric intervention.
2. The names of all supervisors and DMTs involved for each
intervention.
3. The name of each individual worker exposed to hyperbaric
pressure and the decompression protocols and results for each worker.
4. The total number of interventions and the amount of hyperbaric
work time at each pressure.
5. The results of the post-intervention physical assessment of each
CAW for signs and symptoms of decompression illness, barotrauma,
nitrogen narcosis, oxygen toxicity or other health effects associated
with work in compressed air for each hyperbaric intervention.
K. Notifications
1. To assist OSHA in administering the conditions specified herein,
OJD would have to:
(a) Notify the OTPCA and the OSHA Concord Area Office, at
<a href="http://www.osha.gov/contactus/byoffice">www.osha.gov/contactus/byoffice</a> of any recordable injury, illness, or
fatality (by submitting the completed OSHA Form 301 Injuries and
Illness Incident Report) resulting from exposure of an employee to
hyperbaric conditions, including those that do not require
recompression treatment (e.g., nitrogen narcosis, oxygen toxicity,
barotrauma), but still meet the recordable injury or illness criteria
of 29 CFR 1904. The notification would have to be made within 8 hours
of the incident or 8 hours after becoming aware of a recordable injury,
illness, or fatality; a copy of the incident investigation (OSHA Form
301 Injuries and Illness Incident Report) must be submitted to OSHA
within 24 hours of the incident or 24 hours after becoming aware of a
recordable injury, illness, or fatality. In addition to the information
required by OSHA Form 301 Injuries and Illness Incident Report, the
incident-investigation report would have to include a root-cause
determination, and the preventive and corrective actions identified and
implemented.
[[Page 32105]]
(b) Provide certification to the OSHA Concord Area Office within 15
working days of the incident that OJD informed affected workers of the
incident and the results of the incident investigation (including the
root-cause determination and preventive and corrective actions
identified and implemented).
(c) Notify the OTPCA and the OSHA Concord Area Office within 15
working days and in writing, of any change in the compressed-air
operations that affects OJD's ability to comply with the proposed
conditions specified herein.
(d) Upon completion of the Cemetery Brook Drain Tunnel Project,
evaluate the effectiveness of the decompression tables used throughout
the project, and provide a written report of this evaluation to the
OTPCA and the OSHA Concord Area Office within 30 days after the
workers' final day onsite.
Note: The evaluation report would have to contain summaries of:
(1) The number, dates, durations, and pressures of the hyperbaric
interventions completed; (2) decompression protocols implemented
(including composition of gas mixtures (air and/or oxygen), and the
results achieved; (3) the total number of interventions and the
number of hyperbaric incidents (decompression illnesses and/or
health effects associated with hyperbaric interventions as recorded
on OSHA Form 301 Injuries and Illness Incident Report and OSHA Form
300 Log of Work-Related Injuries and Illnesses, and relevant medical
diagnoses, and treating physicians' opinions); and (4) root causes
of any hyperbaric incidents, and preventive and corrective actions
identified and implemented.
(e) To assist OSHA in administering the proposed conditions
specified herein, inform the OTPCA and the OSHA Concord Area Office as
soon as possible, but no later than seven (7) days, after it has
knowledge that it will:
(i) Cease doing business;
(ii) Change the location and address of the main office for
managing the tunneling operations specified herein; or
(iii) Transfer the operations specified herein to a successor
company.
(f) Notify all affected employees of this proposed permanent
variance by the same means required to inform them of its application
for a permanent variance.
2. OSHA would have to approve the transfer of the permanent
variance to a successor company through a new application for a
permanent variance.
VII. Authority and Signature
David Keeling, Assistant Secretary of Labor for Occupational Safety
and Health, 200 Constitution Avenue NW, Washington, DC 20210,
authorized the preparation of this notice. Accordingly, the agency is
issuing this notice pursuant to 29 U.S.C. 655(6)(d), Secretary of
Labor's Order No. 7-2025 (90 FR 27878, June 30, 2025), and 29 CFR
1905.11.
Signed at Washington, DC, on May 22, 2026.
David Keeling,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2026-10735 Filed 5-28-26; 8:45 am]
BILLING CODE 4510-26-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.