Proposed Rule: Construction Safety and Health Standards: Confined Spaces Exposure Hazards

Wednesday,
November 28, 2007
Part II
Department of Labor
Occupational Safety and Health
Administration
29 CFR Part 1926

Confined Spaces in Construction;
Proposed Rule
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67352 Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Proposed Rules
DEPARTMENT OF LABOR attachments, in triplicate hard copy, to Washington, DC 20210; telephone (202)
the OSHA Docket Office, Technical Data 693–1999 or fax (202) 693–1634.
Occupational Safety and Health Center, Room N–2625, OSHA, U.S. • Technical inquiries: Contact Mr.
Administration Department of Labor, 200 Constitution Garvin Branch, Directorate of
Ave., NW., Washington, DC 20210. Construction, Room N–3468, OSHA,
29 CFR Part 1926 These attachments must clearly identify U.S. Department of Labor, 200
[Docket ID–OSHA–2007–0026] the sender’s name, date, subject, and Constitution Avenue, NW., Washington,
Docket ID (i.e., OSHA–2007–0026) so DC 20210; telephone (202) 693–2020 or
RIN 1218–AB47 that the Agency can attach them to the fax (202) 693–1689.
appropriate document. • Copies of this Federal Register
Confined Spaces in Construction
• Regular mail, express delivery, notice: Available from the OSHA Office
AGENCY: Occupational Safety and Health hand (courier) delivery, and messenger of Publications, Room N–3101, U.S.
Administration (OSHA), Labor. service: Submit three copies of Department of Labor, 200 Constitution
ACTION: Proposed rule. comments and any additional material Avenue, NW., Washington, DC 20210;
(e.g., studies, journal articles) to the telephone (202) 693–1888.
SUMMARY: OSHA is proposing a rule to OSHA Docket Office, Docket ID OSHA–
protect employees from the hazards • Electronic copies of this notice: Go
2007–0026 or RIN No. 1218–AB47, to OSHA’s Web site (http://
resulting from exposure to confined Technical Data Center, Room N–2625,
spaces in the construction industry. www.osha.gov), and select ‘‘Federal
OSHA, Department of Labor, 200 Register,’’ ‘‘Date of Publication,’’ and
Under the proposed rule, employers Constitution Ave., NW., Washington,
would first determine whether there is then ‘‘2007.’’
DC 20210; telephone: (202) 693–2350.
a confined space at a job site. If there is (OSHA’s TTY number is (877) 889– • Additional information for
a confined space, the employer would 5627.) Please contact the OSHA Docket submitting documents: See section V.I.
determine if there are existing or Office for information about security (‘‘Public Participation’’) of this notice.
potential hazards in the space. If there procedures concerning delivery of SUPPLEMENTARY INFORMATION:
are such hazards, the employer then materials by express delivery, hand
would classify the space according to I. General
delivery, and messenger service. The
the physical and atmospheric hazards hours of operation for the OSHA Docket A. Table of Contents
found in it. The four classifications are: Office are 8:15 a.m. to 4:45 p.m., e.t. The following Table of Contents identifies
Isolated-Hazard Confined Space, the major preamble sections in this notice
Instructions: All submissions must
Controlled-Atmosphere Confined Space, and the order in which they are presented:
include the Agency name and the OSHA
Permit-Required Confined Space, and I. General
Docket ID (i.e., OSHA–2007–0026).
Continuous System-Permit-Required A. Table of Contents
Comments and other material, including
Confined Space. The proposed B. Hearing
any personal information, are placed in
requirements for each type of confined II. Background
the public docket without revision, and A. History
space are tailored to control the
will be available online at http:// B. Need for a Rule Regulating Confined
different types of hazards.
www.regulations.gov. Therefore, the Spaces in Construction
DATES: Submit comments (including
Agency cautions commenters about III. Summary and Explanation of the
comments to the information-collection submitting statements they do not want Proposed Standard
(paperwork) determination described made available to the public, or IV. Issues for Comment
under the section titled SUPPLEMENTARY submitting comments that contain V. Procedural Determinations
INFORMATION of this notice), hearing A. Legal Authority
personal information (either about
requests, and other information by themselves or others) such as social
B. Summary of the Preliminary Economic
January 28, 2008. All submissions must Analysis and Initial Regulatory
security numbers, birth dates, and Flexibility Analysis
bear a postmark or provide other medical data.
evidence of the submission date. (See C. OMB Review Under the Paperwork
the following section titled ADDRESSES Docket: To read or download Reduction Act of 1995
comments or other material in the D. Federalism
for methods you can use in making E. State-Plan States
submissions.) docket, go to http://www.regulations.gov
or to the OSHA Docket Office at the F. Unfunded Mandates Reform Act
ADDRESSES: Comments and hearing G. Applicability of Existing Consensus
address above. Documents in the docket Standards
requests may be submitted as follows: are listed in the http://
• Electronic: Comments may be H. Review of the Proposed Standard by the
www.regulations.gov index; however, Advisory Committee for Construction
submitted electronically to http:// some information (e.g., copyrighted Safety and Health (ACCSH)
www.regulations.gov, which is the material) is not publicly available to I. Public Participation—Comments and
Federal eRulemaking Portal. Follow the read or download through this Web site. Hearings
instructions online for submitting All submissions, including copyrighted
comments. B. Hearing
material, are available for inspection
• Facsimile: OSHA allows facsimile and copying at the OSHA Docket Office. Requests for a hearing should be
transmission of comments and hearing Contact the OSHA Docket Office for submitted to the Agency as set forth
requests that are 10 pages or fewer in assistance in locating docket above under DATES and ADDRESSES.
length (including attachments). Send
submissions.
these documents to the OSHA Docket II. Background
Office at (202) 693–1648; hard copies of FOR FURTHER INFORMATION CONTACT:
A. History
these documents are not required. • General information and press
Instead of transmitting facsimile copies inquiries: Contact Mr. Kevin Ropp, On March 25, 1980, OSHA published
of attachments that supplement these Director, Office of Communications, an Advanced Notice of Proposed
documents (e.g., studies, journal OSHA, U.S. Department of Labor, Room Rulemaking (ANPR) on confined spaces
articles), commenters may submit these N–3647, 200 Constitution Avenue, NW., for the construction industry (45 FR
Federal Register / Vol. 72, No. 228 / Wednesday, November 28, 2007 / Proposed Rules 67353
19266 1). The ANPR posed 31 questions ensure the safety of employees who also provides protection to employees
concerning confined-space hazards in enter them. from non-atmospheric (for example,
the construction industry, and the It contains detailed procedures for physical) hazards within non-permit-
Agency received 75 comments in developing a written confined-space required, as well as permit-required,
response to these questions. However, program, monitoring atmospheric confined spaces. However, the general
OSHA took no further action on this hazards, training employees, preventing industry standard does not apply to
regulatory initiative at the time. unauthorized employees from entering construction employers, and, as such,
OSHA issued the general industry these spaces, providing for both non- does not specify the appropriate level of
confined-spaces rule (29 CFR 1910.146) entry and entry rescue, and maintaining employee protection based on the
on January 14, 1993 (58 FR 4462), as records.
hazards created by construction
well as a similar rule for the shipyard The general industry standard
industry 29 CFR 1915.7, 11–16) on July specifies a limited exception from some activities performed in confined spaces.
25, 1994 (59 FR 37816). The general of the permit-required confined-space Table 1 provides a description of the
industry standard requires employers to requirements when the only hazard in a key differences between the general
classify hazardous confined spaces as confined space is an atmospheric hazard industry standard and the proposed
‘‘permit-required confined spaces,’’ and and ventilation equipment will control standard for confined spaces in
to implement specific procedures to the atmospheric hazard at safe levels. It construction.
TABLE 1.—KEY DIFFERENCES IN REGULATORY PROVISIONS BETWEEN THE GENERAL INDUSTRY AND PROPOSED
CONSTRUCTION STANDARDS
General industry standard Proposed construction standard
Organization of the Standard
The standard begins with requirements for entering PRCSs .................. The proposed standard takes a step-by-step approach, explaining how
to assess hazards, determine the classification for the space, and
how to safely enter it.
Information Exchange
The standard requires a host employer to coordinate entry operations The proposed standard requires the controlling contractor to coordinate
with a contractor when the host employer and the contractor both entry operations among contractors who have employees in a con-
have employees working in or near a permit space. fined space regardless of whether or not the controlling contractor
has employees in the confined space.
Confined Space with Hazards Isolated
Does not address working in confined spaces in which the hazard has Allows employers to establish an Isolated-Hazard Confined Space by
been isolated. isolating or eliminating all physical and atmospheric hazards in a
confined space.
Controlled-Atmosphere Permit-Required Confined Space
Monitoring required as necessary ............................................................ Continuous monitoring required unless the employer demonstrates that
periodic monitoring is sufficient.
Permit-Required Confined Spaces (PRCS)
No explicit requirement for entry supervisor to monitor PRCS conditions Explicit requirement for entry supervisor to monitor PRCS conditions
during entry. during entry.
Requires a written PRCS plan ................................................................. No written plan required when employer maintains a copy of the stand-
ard at the worksite.
No specific early-warning requirements for up-stream hazards .............. Early-warning requirement for up-stream hazards in sewer-type
spaces.
The Agency recognizes that a number spaces in construction. Compared to changing as work progresses. Multiple
of requirements of the proposed general industry, the construction contractors and controlling contractors
standard for confined spaces in industry experiences higher employee are found more often at construction
construction duplicate, or are similar to, turnover rates, with construction worksites than at general industry
the provisions of the general industry employees more often working at worksites. Also, in contrast to general
standard for permit-required confined multiple worksites performing short- industry, OSHA believes that many
spaces. Nevertheless, OSHA does not term tasks. Unlike most general industry contractors who perform construction
believe that the general industry worksites, construction worksites are work in sewer systems are unfamiliar
standard addresses adequately the continually evolving, with the number with the hazards associated with these
unique characteristics of confined and characteristics of confined spaces worksites. Therefore, OSHA placed
1 ‘‘FR’’ refers to ‘‘Federal Register,’’ with the
volume number (for example, 45) before, and the

page number (for example, 19266) after, ‘‘FR.’’
more emphasis in this proposed protections necessary to eliminate or SBREFA review process considered
standard on assessing hazards at sewer control specific hazards. burdensome and unnecessary, was
worksites than it did in the general As the result of the ACCSH work eliminated because OSHA believes that
industry confined-spaces standard. group review, a draft proposed standard existing construction standards (for
The differences in employee and for confined spaces in construction was example, 29 CFR 1926.55) adequately
worksite characteristics between the submitted to OSHA in the winter of address these hazards. This proposed
construction industry and general 1996 and ACCSH recommended that it standard uses a confined-space
industry prompted OSHA to develop a be used as a proposed confined-spaces classification approach that is
proposed standard for regulating standard. OSHA determined that the influenced by ACCSH
confined spaces in the construction ACCSH draft proposed standard needed recommendations. The proposed
industry that varied substantially from to be reworked to make it easier to standard is organized as chronologically
the general industry confined-spaces understand, especially for small as possible to help guide the employer,
standard as described above in Table 1 employers who do not employ a from its initial encounter with a
of this preamble. Because of the separate safety staff. The Agency also potential confined space, through the
regulatory differences between this determined that certain hazards, such as steps necessary to ensure that
proposed standard and the general those encountered in sewer- employees are adequately protected. In
industry standard, the general industry construction work, were not adequately addition, it addresses the need for
standard would not be considered a addressed. Consequently, OSHA coordination and information exchange
substitute for this proposed construction determined that it was necessary to at construction sites, which typically
standard except where the provisions develop a new draft proposed standard. have multiple employers.
are essentially the same. In 1998, OSHA completed a new draft
In 1993, as part of the litigation proposed standard but discovered that B. Need for a Rule Regulating Confined
activity surrounding the newly there were several issues that needed to Spaces in Construction
promulgated general industry standard, be resolved before the draft proposed Fatality and injury data, OSHA
OSHA agreed in a settlement with the standard could be finalized. To get enforcement experience, and advice
United Steel Workers of America to feedback from the construction from the Advisory Committee on
issue a proposed rule to extend community, OSHA held three Construction Safety and Health
confined-space protection to stakeholders meetings in October of (ACCSH) indicate that the existing
construction employees. On February 2000 across the country. The topics construction standard for confined and
18, 1994, OSHA submitted a draft discussed were: (1) Typical confined enclosed spaces at 29 CFR 1926.21(b)(6)
proposed standard for confined spaces spaces encountered in construction; (2) does not adequately protect
in construction to the Advisory whether an early-warning system construction employees in confined
Committee for Construction Safety and should be required for spaces in which spaces from atmospheric, mechanical,
Health (ACCSH) for comment. ACCSH an engulfment hazard cannot be isolated and other hazards. In this regard, the
established a work group on March 22, (such as in some sewer situations); (3) existing construction standard only
1994 to address the OSHA draft the need for, and cost of, continuous requires employers to: (1) Instruct their
proposed standard and report its monitoring for atmospheric hazards; (4) employees about confined-space
findings to the full committee. how a confined-spaces standard for hazards, and (2) comply with other
ACCSH adopted the work group construction could accommodate the OSHA construction standards that
report on May 17, 1994, and needs of small businesses; and (5) address confined-space hazards. For
recommended that OSHA incorporate it whether an attendant should be situations in which none of these
into a rulemaking docket. In this report, permitted to monitor more than one construction standards apply, the
ACCSH noted that the general industry confined space at a time. employer would have to comply with
standard did not meet the needs of the In late 2003, OSHA completed the the general-duty requirement of the
construction industry because it did not new draft proposed standard and Occupational Safety and Health Act of
provide adequate information to convened a panel under the Small 1970 to ‘‘furnish to each of [its]
contractors for distinguishing among the Business Regulatory Enforcement employees employment and a place of
different types of confined spaces, or to Fairness Act (SBREFA) to solicit employment which are free from
determine the appropriate level of comments on it from small business recognized hazards that are causing or
employee protection based on the entities. The SBREFA panel conducted are likely to cause death or serious
hazards resulting from construction two conference-call discussions, which physical harm to [its] employees.’’ (29
activities performed in confined spaces. were open to the public, in which the U.S.C. 654.) Therefore, where the
In addition, ACCSH found that confined small business entities were invited to existing construction confined-spaces
spaces encountered or created in express their concerns about the draft standard applies, it requires only
construction often are not identified or proposed standard and submit written training of employees who work in
classified prior to the beginning of a comments to the record that covered the confined spaces—it does not address
construction project. issues. The SBREFA panel then how trained employees are to be
Consequently, ACCSH established a submitted its recommendations to the protected while working in such spaces.
work group to draft a proposed standard Assistant Secretary in November 2003. OSHA has preliminarily determined
that would meet the unique needs of the This proposed confined-spaces that employees in the construction
construction industry. The draft standard for construction reflects input industry who perform work in confined
proposed standard emphasized from stakeholder meetings, ACCSH, and spaces face a significant risk of death or
identifying different types of confined the SBREFA review process. For serious injury, and that this proposed
spaces encountered in construction (for example, a provision that would have rule would substantially reduce that
example, where the hazard has been addressed working in hazardous- risk. At present, approximately 20,000
isolated, where atmospheric hazards are enclosed spaces (spaces designed for establishments have employees entering
controlled at safe levels, and permit- human occupancy but subject to a at least one confined space as defined
required spaces), inter-contractor hazardous atmosphere), which small by the proposed rule. There are an
information exchange, and the detailed business entities participating in the estimated annual total of 641,000
confined spaces; about half of these includes both existing hazards and atmospheric hazard is controlled but not
confined spaces would be considered hazards that have a reasonable eliminated. This option is provided to
permit-required confined spaces under probability of occurring.) The employer the employer to allow it to provide a
this proposal (Ex. OSHA–2007–0026– would not have to take any further level of employee protection specifically
0003). OSHA estimates that each year action unless one of the indications tailored to, and commensurate with, the
there are 6.44 fatalities and 967 injuries specified in proposed § 1926.1207 hazards within the confined space. In a
experienced by employees working in (Reassessment) occurred, in which case space properly classified as a CACS,
confined spaces addressed by this the employer would be required to take OSHA believes that the use of the CACS
proposed rule. OSHA has preliminary certain actions, including a measures, as compared with the PRCS
determined that the proposed rule, reassessment of the space. The measures, would be as protective and
when implemented properly by monitoring of conditions within a typically more cost effective.
employers, would reduce the average confined space is an ongoing process Paragraph (b)(1)(iv). An Isolated-
number of fatalities and injuries in and is necessary for the employer to Hazard Confined Space (IHCS) is a
confined spaces covered by the ensure the safety of its employees while confined space in which the employer
proposed standard by about 90% (6 working within that space. has isolated all physical and
fatalities prevented annually and 880 Paragraph (b)(1). This proposed atmospheric hazards. ‘‘Isolated’’ means
injuries prevented annually). (For paragraph lists the four classifications of the elimination or removal of a physical
further explanation of the significant- confined spaces ((b)(1)(i) through or atmospheric hazard by preventing its
risk calculations, see section V.B. (b)(1)(iv)). release into a confined space. Isolation
(‘‘Summary of the Preliminary Paragraph (b)(1)(i). A Continuous includes, but is not limited to, the
Economic Analysis and Initial System-Permit-Required Confined following methods: Blanking and
Regulatory Flexibility Analysis’’) of this Space (CS-PRCS) is a confined space blinding; misaligning or removing
notice and Ex, OSHA–2007–0026– that is a part of, and contiguous with, a sections of lines, pipes, or ducts; a
0003). larger confined space (for example, double-block-and-bleed system; locking
sewers) that the employer cannot isolate out or tagging out energy sources;
III. Summary and Explanation of the from the larger confined space. It is also machine guarding; and blocking or
Proposed Standard subject to a potential hazard release disconnecting all mechanical linkages.
Section 1926.1201—Introduction from the larger confined space that Methods must be implemented to
would overwhelm personal protective ensure that the hazards remain isolated.
Paragraph (a). This paragraph states equipment and/or hazard controls, Isolation methods provide the highest
the general purpose of the proposed resulting in a hazard that is immediately degree of assurance that the hazard will
rule. This standard would cover dangerous to life and health. The be kept away from the employees in the
employers who have employees that proposed rule includes the CS-PRCS space, since it consists of methods that
work in or near a confined space that is classification to ensure that the do not depend on the continued, proper
subject to a hazard. Appropriate employer recognizes that, as the operation of machinery (such as
precautions are needed to ensure the construction industry has recognized, ventilation equipment) or personal
safety of these employees. This there are difficulties associated with protective equipment (such as
proposed paragraph also defines a isolating the hazards of other larger respirators). Consequently, this
confined space as: a space that is large spaces connected to the CS–PRCS. classification of space presents the
enough and arranged in such a manner Special precautions are necessary, in lowest hazard level to the employees,
that employees can enter the space, has addition to the other PRCS and is similar to a ‘‘non-permit space’’
limited or restricted means of entry/exit requirements, to ensure adequate described in 29 CFR 1910.146(c)(7) of
and is not designed for continuous protection of the employees. the general industry standard.
employee occupancy. Paragraph (b)(1)(ii). A Permit- Paragraph (b)(2). This proposed
Spaces with these characteristics are Required Confined Space (PRCS) is a provision gives the employer the option
prone to containing hazards that tend to confined space that has any one of the to classify a confined space in any
be unseen and unrecognized until it is following: A hazardous atmosphere that classification, so long as all of the
too late to escape. Consequently, it is ventilation will not reduce to and characteristics and requirements for that
necessary to assess these spaces to see maintain at a safe level; inwardly- classification are met. The Agency
if there are actual or potential hazards converging, sloping, or tapering surfaces considered proposing that the employer
beforehand, and to implement that could trap or asphyxiate an be required to try to make the space
procedures designed both to protect employee; or an engulfment hazard or qualify for the lowest possible
construction employees from such other physical hazard. classification. However, after
hazards and to rescue them in the event Paragraph (b)(1)(iii). A Controlled- considering comments from small
the protective measures do not work as Atmosphere Confined Space (CACS) is business entities received through the
anticipated. a confined space where ventilation Small Business Regulatory Enforcement
Paragraph (b). Employers would be alone will control its atmospheric Fairness Act (SBREFA) review, OSHA
required to determine the classification hazards at safe levels. Note also that a decided to give employers more
of each confined space that is subject to confined space cannot be classified as a flexibility; employers may use any of
a hazard. Employers must classify such CACS if it has a physical hazard (unless the classifications, as long as the
spaces as one of four types specified by that hazard has been isolated). The requirements for the selected
this proposed standard. The proposed rule includes the CACS as a classification are met. OSHA believes it
classification is based on factors such as separate classification from the PRCS is important to allow employers the
the type and level of hazards present in because fewer precautions are needed to flexibility to classify confined spaces
the confined space. If the employer ensure the safety of its employees than based on the conditions or
determines that a confined space in its for PRCSs, but more precautions are circumstances of individual work
natural state is not subject to a hazard, needed than for an Isolated-Hazard environments.
it would not be classified. (Note that in Confined Space (discussed below under The one exception is that a space with
this proposed rule, the term ‘‘hazard’’ paragraph (b)(1)(iv)) because the the characteristics of a Continuous
System-Permit-Required Confined in place. Rather, this proposed standard proposed standard would apply. For
Space cannot be given a different is designed to provide additional example, 29 CFR part 1926 subpart J
classification. Where a confined space protections needed to deal with hazards (Welding) requires that the employer
meets the definition of a CS–PRCS, the that may arise when employees are provide a lifeline when an employee is
employer must classify the space as working in or near a confined space. welding in a confined space entered
such and meet all of its requirements. Paragraph (a). This paragraph through a manhole or other small
To meet the definition of a CS–PRCS, identifies which employers are covered opening. When working in a PRCS, 29
the employer must have determined that by the proposed standard. Employers CFR part 1926 subpart J also sets criteria
the confined space could not be isolated who are engaged in construction work for the use of a lifeline system in the
from its connection to a larger space and and have confined spaces at their job confined space, but does not set criteria
its associated hazards. OSHA believes sites are subject to the provisions of the for the use of rescue services or provide
that since the potential hazards of the proposed standard. Further, employers any other permit-required space
larger space will always exist, the who have confined spaces on their job procedures to protect the employees.
additional CS–PRCS requirements must site and hire subcontractors to operate Under those circumstances, the rescue
be met to address the hazards. within those spaces also would have to service and entry procedures must meet
Classifying the space to any lower meet specific requirements in the the requirements of this proposed
classification would leave the proposed standard. The note to this standard, while the lifeline system
employees exposed to an engulfment or paragraph includes a non-exclusive list would be required to meet the criteria
atmospheric hazard that could originate of potential confined spaces that in 29 CFR part 1926 subpart J.
in the connected, larger space (that is, commonly occur on a construction Appendix A of the proposed standard
the configuration of CS–PRCSs is such worksite. This list provides examples contains a list of existing provisions
that an employer cannot safely for employers who may be unfamiliar found in other OSHA construction
eliminate or isolate the potential with confined spaces in construction. standards under 29 CFR part 1926 that
hazards so as to meet the criteria for a Paragraph (b). This paragraph address work done in confined spaces.
lower classification). explicitly excludes construction work This list contains only current
Paragraph (c). The proposed standard regulated by 29 CFR part 1926 subpart construction provisions, and does not
specifies precautions that must be Y (Diving), non-sewer construction preclude the inclusion of future
followed if the employees have to enter work regulated by 29 CFR part 1926 confined-space provisions. The purpose
the space to determine its classification subpart P (Excavation), and non-sewer of the information in this appendix is to
(see paragraph (b) of proposed construction work regulated by 29 CFR help employers easily identify other
§ 1926.1204). These precautions are part 1926 subpart S (Underground requirements relevant to confined-space
necessary because the characteristics Construction, Caissons, Cofferdams and hazards that may also have to be met.
and extent of the hazards that may be Compressed Air) from the scope of this Paragraph (d). This proposed
present would not yet be known at that proposed standard. Employers operating provision clarifies that the duties of a
point. under one of the three listed exemptions controlling contractor specified in
Paragraph (d). If the contractor makes are not required to follow this proposed paragraph (a) of proposed § 1926.1204
a determination under proposed standard for work within a confined are not exclusive. Proposed
§ 1926.1204 (Worksite evaluation, space. Employers who hire contractors § 1926.1204(a) delineates a controlling
information, exchange, and to perform work covered by these three contractor’s duties with respect to the
coordination) that the confined space is standards also are excluded from exchange of information concerning
not subject to any hazards, the confined coverage under this proposed standard. confined spaces with subcontractors on
space would not need to be classified. The reason for these exclusions is that multi-employer worksites and does not
However, if subsequent to that the Agency believes that the existing limit or otherwise affect a controlling
determination any of the indications OSHA requirements applicable to these contractor’s responsibilities under the
specified in proposed § 1926.1207 activities are sufficient to address and OSH Act. See OSHA Directive No. CPL
(Reassessment) were to occur, the protect employees from the confined- 2–00.124 (Dec. 10, 1999).
contractor would be required to conduct space hazards in those situations.
Paragraph (c). This provision would Section 1926.1203—Definitions
a reassessment as specified in proposed
§ 1926.1207. This is necessary to ensure require employers, when an activity is This proposed section lists definitions
that there continue to be no hazards covered under both the scope of this for key words used in describing the
present when employees are in an proposed standard and the provisions in requirements of this proposed standard.
unclassified confined space. another OSHA construction standard Most of the definitions were adopted
related to confined-space hazards, to from the OSHA general industry
Section 1926.1202—Scope comply with those provisions as well as confined-spaces standard (29 CFR
The proposed standard provides the applicable provisions in this 1910.146) and from the ANSI Z117.1–
minimum safety and health proposed standard. For example, while 2003 confined-spaces standard. Many
requirements and procedures to protect subpart D in 29 CFR part 1926 contains other terms in this proposed standard
employees who work in or near requirements for ventilation when are defined in other OSHA construction
confined spaces. It addresses how to working in potentially hazardous standards, and were included in this
protect employees from confined-space atmospheric conditions, it does not proposed section to minimize the need
hazards. The proposed standard address other equipment or workplace to reference those other standards.
includes requirements for training, conditions that are covered by this While most of the proposed terms are
hazard analysis, classification, entering, proposed standard. Also, some self-explanatory or are consistent with
working, exiting, and rescue for construction standards require the use those established in 29 CFR 1910.146
confined spaces of various hazard of specified systems during operations and ANSI 117.1–2003, OSHA believes
levels. in a confined space, but do not set that it is necessary to provide an
This proposed standard does not criteria that those systems must meet; in expanded discussion for several terms
replace the more hazard-specific these cases, the requirements of both the used in this proposed standard. The
construction standards that are already existing construction standard and this expanded discussion provides a brief
explanation of the defined terms, ‘‘Controlling contractor’’ is the engulfment hazards by providing an
justifies any differences between the employer that has overall responsibility effective means of warning attendants
proposed definitions and those for construction at the worksite. In and authorized entrants that an
contained in 29 CFR 1910.146 and ANSI addition, the note to this definition engulfment hazard may be developing
117.1–2003, and addresses comments explains that if a host employer has ‘‘upstream’’ of the work area, thereby
received during the SBREFA process. overall responsibility for construction at permitting sufficient time for the
‘‘Continuous System-Permit-Required the worksite, then it is both a host authorized entrants to safely exit the
Confined Space (CS-PRCS)’’ is a Permit- employer and controlling contractor. It CS–PRCS. As illustrated by the non-
Required Confine Space that has all of is a common practice in the exclusive list of examples of early-
the following characteristics: Is part of, construction industry for there to be a warning systems within this definition,
and contiguous with, a larger confined number of contractors working at a employers would have flexibility as to
space (for example, sewers); the construction site at the same time. Also, what type of early-warning system to
employer cannot isolate it from the there often is one contractor that has use for continuously monitoring such
larger confined space; and is subject to overall authority of the construction engulfment hazards. However, as stated
a potential hazard release from the site, including the authority to change in paragraphs (a)(2) and (b)(2) of
larger confined space that would worksite conditions and alter work proposed § 1926.1215, whatever
overwhelm personal protective practices with regard to safety. Under warning system is selected must alert
equipment and/or hazard controls, this proposed standard, there are authorized entrants and attendants in
resulting in a hazard that is immediately specific duties that would apply to the sufficient time for the authorized
dangerous to life and health. This controlling contractor, as distinguished entrants to safely exit the CS–PRCS.
classification of space was mentioned in from the host employer and the ‘‘Hazardous atmosphere’’ means an
29 CFR 1910.146(c)(5)(i), and a sample contractor. Consequently, there is a existing or potential atmosphere
Permit-Required Space program for need to define the term ‘‘controlling consisting of at least one of the
sewers was provided in Appendix C of contractor.’’ following: A flammable gas, vapor, or
that standard. OSHA believes it is For the purposes of this preamble, the mist in excess of 10 percent of its lower
important to define this classification of term ‘‘employer’’ refers to an employer flammable limit; an airborne
confined space in a way that whose employees are exposed to combustible dust at a concentration that
emphasizes that it is subject to a confined-space hazards. Employers meets or exceeds its lower explosive
potential hazard release, such as an whose own employees are exposed to a limit; an atmospheric oxygen
engulfment hazard, that the employer hazard addressed by this proposed concentration below 19.5 percent
will not be able to control. standard would be required to comply (‘‘oxygen deficient’’) or above 23.5
‘‘Controlled-Atmosphere Confined with the provisions that identify an percent (‘‘oxygen enriched’’); an
Space (CACS)’’ is a confined space that obligation on ‘‘the employer.’’ In airborne concentration of a substance
has all of the following characteristics: addition, other employers may also have that exceeds the dose or exposure limit
Contains no physical hazards or only responsibilities with respect to such specified by an OSHA requirement; and
isolated physical hazards; and uses provisions through operation of OSHA’s an atmosphere that presents an
ventilation alone to control atmospheric multi-employer doctrine. immediate danger to life or health.
hazards at safe levels. This term was When a proposed provision These levels duplicate those in the
added to designate a distinct type of designates the ‘‘host employer’’ as the definition of ‘‘hazardous atmosphere’’ in
confined space in which only one type entity responsible for the requirement, the general industry confined-spaces
of hazard (atmospheric) is present that only an employer that meets the standard. The definition clarifies that
requires a specific type of employee proposed definition of a ‘‘host the concept of a hazardous atmosphere
protection—active control of the employer’’ would be responsible for that includes one that has a potential for
atmospheric hazard at safe levels by requirement. Similarly, when a becoming hazardous, since it is
ventilation equipment. OSHA believes proposed provision designates the necessary to anticipate the potential
that the space described by this ‘‘controlling contractor’’ or the occurrence of such hazards to
definition is similar to the space defined ‘‘contractor’’ as the entity responsible, effectively protect employees working
by the alternate procedures specified by only an employer meeting the proposed in a confined space.
paragraph (c)(5) of the general industry definitions of ‘‘controlling contractor’’ ‘‘Host employer’’ owns or manages
standard for confined spaces. Both of or ‘‘contractor’’ would be responsible for the property on which construction is
these spaces involve conditions in compliance with the provision. Note taking place. As explained in the
which atmospheric hazards are merely that an employer who fits the definition definition of ‘‘controlling contractor,’’
controlled by ventilation instead of for more than one of these roles would this definition was added to clarify the
eliminated completely. Therefore, if the be required to comply with the distinction between a ‘‘host employer,’’
ventilation system stops or obligations that pertain to each role. The a ‘‘contractor,’’ and a ‘‘controlling
malfunctions, the atmospheric hazards Agency requests public comment on contractor’’ as each of these entities
could reemerge in the space. Unlike the whether this explanation is clear. would have specific obligations under
general industry standard, the proposed ‘‘Early-warning system’’ is the method this proposed standard. (See, also, the
standard for construction assigns a used to alert attendants monitoring a discussion under ‘‘controlling
name to the space. OSHA believes that CS–PRCS and authorized entrants in a contractor’’ above.)
naming the space a Controlled- CS–PRCS that an engulfment hazard ‘‘Inspection information’’ means
Atmosphere Confined Space will may be developing. Examples of early- information obtained about a space from
effectively alert employees, especially warning systems include, but are not blueprints, schematics, and/or similar
employees who have little or no limited to: alarms activated by remote documents, documents regarding
experience with these spaces, to the sensors; and lookouts with equipment previous confined-space entries, or
possibility that atmospheric hazards for immediately communicating with physical inspection/testing. This
could reemerge in the space if the the authorized entrants and attendants. definition was added in response to
ventilation system stops or The Agency believes these systems will SBREFA comments to clarify the types
malfunctions. protect employees from non-isolated of documents and information that
would be considered relevant to making physical harm in or near a confined that the Simulated PRCSs do not have
the hazard assessments required by this space, or a hazard that has a reasonable to contain actual physical or
proposed standard without entering the probability of occurring in or near a atmospheric hazards to qualify for the
space. confined space, and that includes, but is training required by this proposed
‘‘Isolated-Hazard Confined Space not limited to: Explosives (as defined by standard. OSHA proposes this
(IHCS)’’ is a confined space in which paragraph (n) of 29 CFR 1926.914 clarification to prevent injuries and
the employer has isolated all physical (definition of ‘‘explosive’’)); mechanical, deaths from occurring during rescue
and atmospheric hazards. This electrical, hydraulic, and pneumatic training.
classification differs from a ‘‘non-permit energy; radiation; temperature extremes;
Section 1926.1204—Worksite
space’’ in the general industry standard engulfment; noise; and inwardly
Evaluation, Information Exchange, and
that, by definition, does not include converging surfaces. ‘‘Physical hazard’’
Coordination
confined spaces that have the potential also refers to chemicals that can cause
to contain atmospheric hazards capable death or serious physical harm through Paragraph (a). This paragraph sets
of causing death or serious physical skin or eye contact (rather than through forth requirements for exchanging
harm. The proposed classification of inhalation). This definition was added information relevant to construction
IHCS includes confined spaces where to help employers better understand the operations in confined spaces.
that potential continues to exist. In an characteristics of this type of hazard. Controlling contractors and host
IHCS, the potential exists because the ‘‘Planned conditions’’ are the employers would have to share four
atmospheric hazard is only ‘‘isolated,’’ conditions under which authorized pieces of information (listed below)
which means that its release is only entrants can work safely in a PRCS or before any employee enters the confined
being prevented. The use of the term CS–PRCS, including both hazard levels space. This information addresses such
‘‘isolated’’ in this context is consistent and methods of employee protection. issues as: location of confined spaces,
with the definition of ‘‘isolation’’ in the The Agency considered using hazardous conditions affecting confined
current American National Standard ‘‘acceptable entry conditions,’’ the term spaces, precautions taken to address
Institute (ANSI)/American Society of used in the general industry standard, those hazards, and classifications of the
Safety Engineers (ASSE) standard titled for this concept. However, OSHA is confined spaces. OSHA notes, however,
‘‘Safety requirements for Confined concerned that employers and that the proposed standard only places
Spaces,’’ ANSI/ASSE Z117.1–2003. This employees, especially those who are not a duty on controlling contractors and
ANSI/ASSE standard describes the often engaged in construction work in host employers to provide any
isolation process in part as follows: confined spaces, may think information they already have about the
‘‘acceptable’’ means that conditions are confined spaces specific to their
Methods and means shall be selected and worksite. The Agency makes clear in
safe for entry without the use of
used to prevent flammable, toxic, irritating,
personal protective equipment or other this proposed paragraph that ‘‘[n]either
or oxygen displacing gases and vapors from
entering the space. All hazardous material, protective measures. OSHA believes the controlling contractor nor the host
high pressure, high temperature and other that the term ‘‘planned conditions’’ employer is required to obtain the
piping that could reasonably be expected to more accurately expresses the concept information listed * * *’’; their only
introduce a hazard shall be isolated by that a variety of actions may be needed, obligation is to provide their contractors
utilizing blinding, disconnection, removal, or including the use of protective with information they already have
double block and bleed as needed to prevent measures, for employees to be able to about a confined space. OSHA also
entry of material(s) and hazardous work safely in the confined space. states in a note to this proposed
contaminant(s). paragraph that controlling contractors or
‘‘Serious physical harm’’ means an
‘‘Limited or restricted means for entry impairment in which a body part is host employers are not required to enter
and exit’’ refers to a condition that has made functionally useless or is a confined space to collect the relevant
a potential to impede an employee’s substantially reduced in efficiency. information.
movement into or out of a space. Such Such impairment may include loss of On most construction worksites, there
conditions include, but are not limited consciousness or disorientation, and are a number of contractors and
to poor illumination, slippery floors, may be permanent or temporary, or subcontractors performing jobs. In the
inclining surfaces and ladders. This chronic or acute. Injuries involving such case of confined spaces, sometimes
phrase is used to describe one of the impairment would usually require employees of different employers will
physical characteristics of a confined treatment by a physician or other be performing work within the same
space and was defined to give the licensed health-care professional while confined space. In many instances,
phrase greater clarity. an illness resulting in serious physical employees of a subcontractor will enter
‘‘Permit-Required Confined Space harm could shorten life or substantially a confined space after another
(PRCS)’’ is a confined space that has any reduce physical or mental efficiency by subcontractor’s employees have
one of the following characteristics: A impairing a normal bodily function or completed work within the space. On
hazardous atmosphere; an inwardly body part. OSHA adapted this definition multi-employer worksites, an
converging, sloping, or tapering surfaces of ‘‘serious physical harm’’ from its employer’s actions can affect the health
that could trap or asphyxiate an Field Inspection Reference Manual, and safety of another employer’s
employee (for example, a space between chapter III, section C.2.b(2)(c). employees. It is critical for the safety of
walls that narrows towards the base, ‘‘Simulated Permit-Required Confined all employees on a worksite that
including, but not limited to, funnels Space’’ is a confined space or a mock- contractors and subcontractors
and hoppers); or an engulfment hazard up of a confined space that has all of the communicate with each other.
or other physical hazard. This definition following characteristics: Similar Requiring communication between
is similar to the definition in the general entrance openings, and is similar in employers is an efficient way to ensure
industry standard, but includes more size, configuration, and accessibility, to that each employer learns important
examples of dangerous configurations of the PRCS the authorized entrants enter information about the confined space
confined spaces. but does not need to contain any hazards present so that all employees
‘‘Physical hazard’’ means an existing physical or atmospheric hazards. This are adequately protected. OSHA is
hazard that can cause death or serious definition was included to emphasize proposing these information-sharing
requirements in proposed § 1926.1204 that compliance is required only when Section 304, November 15, 1990, 104
so that construction worksites with necessary to protect the employers’ own Stat. 2576). This is a clear ratification of
confined spaces remain safe places of employees, or that the employer is the Agency’s authority to require
employment for all employees. entitled to endanger other employers’ employers to protect the employees of
The Agency has clear authority to employees at the worksite. Finally, others. Congress also approved of the
include these multi-employer Section 6(b)(7) of the Act authorizes the Agency’s authority when it relied on the
provisions in the standard. First, the Secretary to ‘‘prescribe the use of labels provisions of OSHA’s Hazard
plain language of the OSH Act and its or other appropriate forms of warning as Communication standard in
underlying purpose support OSHA’s are necessary to insure that employees promulgating the Emergency Planning
authority to place requirements on are apprised of all hazards to which and Community Right-to-Know Act (42
employers that are necessary to protect they are exposed.’’ 29 U.S.C. 655(b)(7) U.S.C. 11001–11050) (EPCRA). OSHA’s
the employees of others. Second, (emphasis added). Again, this authority Hazard Communication standard,
congressional action subsequent to is not limited to labels that would warn among other things, requires a
passage of the OSH Act recognizes this the employer’s own employees of the manufacturer of a hazardous chemical
authority. Third, OSHA has consistently hazard. Given the distribution of to ‘‘inform not only its own employees
interpreted its statutory authority as potentially hazardous products in of the dangers posed by the chemicals,
permitting it to impose obligations on commerce, employees are predictably but downstream employers and
employers that extend beyond their own exposed to hazardous conditions employees as well.’’ Martin v. American
employees, as evidenced by the created by other employers. Requiring Cyanamid Co., 5 F.3d 140, 141 (6th Cir.
numerous standards, including several employers to include hazard 1993). Congress incorporated provisions
construction standards, that OSHA has information needed by downstream of the Hazard Communication standard
promulgated with multi-employer employees is a necessary and in EPCRA as a basis for triggering
provisions. Finally, OSHA’s authority to appropriate means to ensure that the obligations on owners or operators of
place obligations on employers that employees are apprised of all hazards to facilities producing hazardous
reach beyond an employer’s own which they are exposed. chemicals to provide local governments
employees has been upheld by In short, the statute focuses on with information needed for emergency
numerous courts of appeals and the workplace conditions to effectuate the response. Had Congress not approved of
Occupational Safety and Health Review OSH Act’s congressional mandate, and the multi-employer provisions in the
Commission (OSHRC). not on a particular employment Hazard Communication standard, it
The purpose of the Act is to assure so relationship. The OSH Act’s underlying would not have approved of it as a basis
far as possible safe and healthful purpose is broad—to assure safe and for obligations in the EPCRA.
working conditions for every working healthful working conditions for
working men and women—and Furthermore, OSHA has consistently
man and women in the nation. 29 U.S.C. interpreted the OSH Act as authorizing
651(b). To achieve this goal, Congress Congress made clear that it expected the
Act to protect all employees. (H. Rep. it to impose multi-employer obligations
authorized the Secretary to establish in its standards. In addition to the
mandatory occupational safety and No. 91–1291, 91st Cong., 2d Sess., p.
14–16 (July 9, 1970)). Numerous Hazard Communication standard and
health standards. The Act broadly PSM standard discussed above, OSHA
defines an OSHA standard as a rule that references in the legislative history of
the Act require employers to provide a included multi-employer provisions in
‘‘requires conditions, or the adoption or its powered platforms standard, which
use of one or more practices, means, safe and healthful ‘‘place of
employment’’ (see, e.g., S. Rep. No. 91– requires that a building owner inform
methods, operations, or processes, employers that the building installation
reasonably necessary or appropriate to 1282, 91st Cong., 2d Sess., p. 10
(October 6, 1970)). The OSH Act tasks has been inspected and is safe to use. 29
provide safe or healthful employments CFR 1910.66(c)(3). OSHA has also
and places of employment.’’ 29 U.S.C. OSHA with promulgating rules that will
create safe places of employment, imposed multi-employer obligations in
652(8). See Building and Constr. Trades other construction standards. For
Div., AFL-CIO v. Brock, 838 F.2d 1258, notwithstanding the many varied
employment relationships that might example, in the construction asbestos
1278 (DC Cir. 1988). OSHA standards standard, OSHA requires building
must prescribe measures that are exist at a worksite.
Subsequent congressional action has owners/employers to perform initial
appropriate to protect ‘‘places of monitoring for asbestos and to
employment’’; nothing in the statutory also recognized OSHA’s authority to
impose responsibilities on employers to communicate the presence of asbestos
language suggests that OSHA may do so or presumed asbestos containing
only by regulating an employer’s protect employees who are not their
own. For example, Congress directed materials to prospective employers
interaction with its own employees. On whose employees reasonably can be
the contrary, the Act’s broad language OSHA to develop a chemical process
safety standard (the PSM standard) expected to work in exposed areas. 29
gives OSHA almost ‘‘unlimited CFR 1101(k)(2). In the recently
discretion’’ to devise means to reach the requiring employers to ‘‘ensure
contractors and contract employees are promulgated steel-erection standard,
statutory goal. See United Steelworkers OSHA imposed duties on controlling
v. Marshall, 647 F.2d 1189, 1230 (DC provided appropriate information and
training’’ and to ‘‘train and educate contractors to ensure that site
Cir. 1980), cert. denied, 453 U.S. 913 conditions are safe for steel erection. 29
(1981). employees and contractors in
emergency response.’’ (29 U.S.C. note) CFR 1926.752(c). OSHA just recently
Similarly, Section 5(a)(2) provides
(quoting Pub.L. 101–549, Title III, proposed in updates to its electric-
that each employer ‘‘shall comply with

power transmission and distribution
occupational safety and health
employer to ‘‘furnish to each of his employees construction standard similar multi-
standards promulgated under this
employment and a place of employment which are employer communication provisions.
Act.’’2 Nothing in this language suggests free from recognized hazards that are causing or are See 70 FR 34947–48. OSHA’s inclusion
likely to cause death or serious physical harm to his
2 This language is in marked contrast to the employees.’’ 29 U.S.C. 654(a)(1) (emphases added).
of multi-employer provisions in this
language of Section 5(a)(1) of the Act (known as the See Brennan v. OSHRC, 513 F.2d 1032, 1037–38 proposed rule is fully consistent with its
‘‘general duty clause’’), which requires each (2nd. Cir. 1975). past practice of ensuring the safety and
health of all employees at construction are working in order to protect 1622 (April 27, 2007), has no
worksites. employees who are predictably present application to this proposed rule. In
Finally, OSHA’s authority to impose at those sites. Summit, a divided Review Commission
these provisions is confirmed by the The sole purpose of the provision was vacated citations issued to a controlling
decisions of numerous courts of appeals to ‘‘adopt and extend’’ existing employer for violations of a
and the Occupational Safety and Health Construction Safety Act (CSA) standards construction standard. The two
Review Commission holding that an applicable under the OSH Act. 29 CFR Commissioners who joined in this result
employer’s duties and OSHA standards 1910.11. Under the CSA, standards issued separate opinions; each read
may extend beyond an employer’s own applied only to employers with § 1910.12(a) as establishing a limitation
employees. See Universal Constr. Co. v. Federally funded contracts, and only on the Agency’s authority to hold
OSHRC, 182 F.3d 726, 728 (10th Cir. with respect to employees engaged on controlling employers accountable for
1999) (following decisions from Second, those Federal projects. See 29 CFR part violations. OSHA believes this view is
Sixth, Seventh, Eighth and Ninth 1926 Subpart B; CH2M Hill, Inc. v. mistaken, and has appealed the OSHRC
Circuits); Access Equip. Sys., 18 BNA Herman, 192 F.3d 711, 718 n.1 (7th Cir. decision to the U.S. Court of Appeals
OSHC 1718, 1722–24 (No. 95–1449, 1999). The function of 29 CFR (8th Cir. No. 07–2191).
1999). But see Melerine v. Avondale 1910.12(a) was to adopt the CSA Moreover, Summit has no bearing on
Shipyards, Inc., 659 F.2d 706 (5th Cir. standards as OSHA standards and in so the duties established under the
1981). The DC Circuit suggested in doing to make it clear that neither of proposed rule. The Summit opinions
Anthony Crane Rental, Inc. v. Reich, 70 those limitations would apply. Thus, interpreted OSHA’s intent under then
F.3d 1298, 1306 (DC Cir. 1995), OSHA stressed that compliance would existing rules. They did not question
however, that 29 CFR 1910.12(a)—a rule broadly extend to each construction OSHA’s authority under the Act to
promulgated by OSHA to adopt employer (not just those with Federal establish multi-employer obligations
Construction Safety Act (CSA) standards contracts) and to every construction through rulemaking. OSHA is exercising
as OSHA standards—might limit an employee (not just those working on its authority under Section 6(b) to issue
employer’s obligations under the Federal projects). In no way did OSHA this proposed rule, and nothing in
construction standards in part 1926 to intend for the language of 29 CFR § 1910.12(a) limits an employer’s
its own employees. The court did not 1910.12(a) to restrict its authority to compliance obligations under the rule.
reach the issue, noting that the parties promulgate construction standards that Paragraph (a)(1). The host employer
had not briefed it. The proposed establish obligations extending beyond and/or controlling contractor would be
confined-spaces in construction an employer’s own employees. required to provide information to
standard will be included in part 1926 Other factors confirm that OSHA had contractors that it has about the location
§ 1910.12(a) is consistent with the no intention in § 1910.12(a) to bar multi- of each space that it actually knows is
promulgation of requirements that place employer responsibilities under the a confined space at the worksite. If the
obligations on employers necessary to construction standards. OSHA issued host employer or controlling contractor
protect the employees of others. The the regulation without notice and does not have this information, it is not
provision states: comment under Section 6(a) of the Act. required by this proposed provision to
That section provided authority only to obtain it. For example, if the locations
The standards prescribed in part 1926 of adopt established federal standards, of confined spaces were obtained by the
this chapter are adopted as occupational such as the CSA standards, without host employer or controlling contractor
safety and health standards under section 6
of the Act and shall apply, according to the making any substantive changes. Usery while its own employees had worked in
provisions thereof, to every employment and v. Kennecott Copper Corp., 577 F.2d or near the spaces, or if it obtained the
place of employment of every employee 1113 (10th Cir. 1977). The CSA location of a confined space from other
engaged in construction work. Each employer regulations did not limit multi-employer contractors who worked in or near the
shall protect the employment and places of responsibilities; the regulations spaces, that information must be shared
employment of each of his employees expressly provided for them. 29 CFR with the next employer it contracts to
engaged in construction work by complying 1926.16. OSHA could not have intended work in or near those confined spaces.
with the appropriate standards prescribed in to limit statutory obligations in an Paragraph (a)(2)(i). For each confined
this paragraph.
action under Section 6(a). space identified in paragraph (a)(1)
The language of the provision Moreover, concurrently with issuance above, the host employer and
supports OSHA’s interpretation that an of § 1910.12(a), OSHA issued its initial controlling contractor would be
employer’s responsibilities can extend Field Operations Manual, which required to inform the contractor of any
beyond the employer’s employees. The expressly directed issuance of citations hazards in or near the space that the
first sentence makes the construction to construction employers who created host employer or controlling contractor
standards applicable to every a hazard endangering their own knows about. These may be known
employment and to every ‘‘place of employees or those of another employer. atmospheric or physical hazards.
employment’’ of every construction The Agency has also consistently Examples of these include, but are not
employee. This is broad language that promulgated rules in 29 CFR part 1926 limited to: atmospheric contaminants;
does not limit an employer’s obligations that expressly extend employers’ the presence of energized electrical
to its own employees. The second obligations beyond their own conduits; construction operations
sentence, by providing that each employees. The requirements in performed near the confined space that
employer must protect the employment proposed § 1926.1204 reflect this may result in a ruptured sewer line; or
and the places of employment of each consistent interpretation and will the existence of construction work that
of his employees, does not limit an ensure that all employees on may cause the confined space to
employer’s obligations to only construction worksites are protected collapse. If the host employer or
protecting his or her employees and from the hazards of confined spaces. controlling contractor does not have this
does not negate the broad reach of the The Occupational Safety and Health information, it is not required by this
first sentence. The two sentences, read Review Commission’s recent decision in proposed provision to obtain it.
together, require employers to comply Secretary of Labor v. Summit Paragraph (a)(2)(ii). The host
with standards at all sites where they Contractors (OSHRC Docket No. 03– employer and/or controlling contractor
would be required to provide assessments. The Agency believes that mechanical ventilation or changes to the
information that it has to the contractor these procedures are necessary to ensure space’s natural ventilation. This is to
about the classifications of previously that the spaces are correctly assessed ensure that the natural atmospheric
classified confined spaces on the and to ensure that the employees are conditions within the space are assessed
worksite. For example, if the host protected while conducting the for hazards that may affect those
employer or controlling contractor assessments. employees working in the space.
knows that an employer had previously Paragraph (b)(1). The contractor Paragraph (b)(4). Contractors would
classified an electrical vault as an would be required to consider be required to meet applicable OSHA
Isolated-Hazard Controlled Space information provided by the host requirements, including training
(IHCS), the controlling contractor would employer and controlling contractor (if requirements, for the use of personal
have to provide that information to the any), and the contractor’s own and other protective equipment required
next employer that it contracts to do inspection information (see following by paragraph (c)(2) of proposed
work in or near that space. However, if paragraph), to determine if the space is § 1926.1213. The training would ensure,
the host employer or controlling a confined space and, if so, if there are as applicable, that the employees have
contractor does not have this any physical or atmospheric hazards. the understanding, knowledge, and
information, it is not required by this OSHA believes that information skills necessary to use the personal and
proposed provision to obtain it. obtained from the host employer or other protective equipment effectively.
During the SBREFA process, some controlling contractor would be useful Paragraph (c). This proposed
small-business representatives to contractors because it often would be paragraph sets forth the information-
expressed the concern that, as a result based on work previously done safely exchange requirements for contractors
of having this provision in the draft within the affected space. Except as who classify a space as a PRCS, CS–
proposed standard, some controlling noted in paragraph (b)(2) of this PRCS, CACS, or IHCS.
contractors would require the contractor proposed section, this initial evaluation Paragraph (c)(1). Contractors would
to classify all confined spaces as PRCSs, must be done without entry into the have to inform the host and controlling
including those that could be classified space by the contractor or their contractor of the procedures the
as IHCSs or CACSs. This proposed employees. contractors will follow for entry into the
provision would not require the Paragraph (b)(2). In some cases it may space. This proposed requirement will
contractor to base its classification not be feasible to make the required enable the host employer and
determination solely on a previous determinations about the space and controlling contractor to provide this
classification that it learned of from a hazards without entering the space. information to other contractors who
host employer or controlling contractor. When the contractor can demonstrate enter the space. Such information
The contractor is responsible, under that obtaining the information without would help other contractors in
other sections of the proposed standard, entering the space is infeasible, planning their safe entry procedures.
for properly classifying the space; the employees may enter, but only to Paragraph (c)(2). When contractors
information provided to the contractor inspect for that information. In doing so, classify a space as a PRCS, CS–PRCS,
under this proposed paragraph may an employer must ensure that any CACS, or IHCS, they would be required,
assist the contractor in making the employee entering the unclassified at the conclusion of entry operations, to
classification. However, this proposed space meets the requirements of inform the host employer and
standard would not preclude a proposed §§ 1926.1208 through controlling contractor employer about
controlling contractor from requiring a 1926.1214 for Permit-Required Confined any hazards that were present or that
contractor, for example, to apply a Spaces and, if applicable, proposed developed during the entry operations.
higher level classification to confined § 1926.1215 for Continuous System- This information would be useful to
spaces than the level required under the Permit-Required Confined Spaces. other employers that the host employer
proposed standard. Entry into the space before identifying and controlling contractor contracts to
Paragraph (a)(2)(iii). The host its hazards is potentially dangerous; do work within the space since it would
employer and controlling contractor therefore, OSHA believes it is be relevant to their hazard assessments
would be required to share with all reasonable to require contractors to be of the space. OSHA believes that the
contractors who work inside a confined able to demonstrate that a proper host employer and controlling
space the precautions and procedures, if assessment of the space without entry is contractor are in the best position to
any, it previously implemented to enter infeasible before employees are allowed disseminate this information to other
that confined space. However, this to enter. This proposal calls for affected employers on the site.
proposed provision does not require the contractors to follow the entry Paragraph (d). The controlling
host employer or controlling contractor requirements of a PRCS (or, where contractor would be required to
to develop entry programs for its applicable, a CS–PRCS) in these coordinate confined-space entry
contractors. Also, it is not mandatory for situations because, with the hazards as operations when multiple contractors
a host employer or controlling yet undetermined, taking these will have employees working within the
contractor to provide previously precautions will ensure the safety of the confined space at the same time. The
implemented confined-space entry employees. Agency believes that the controlling
procedures that are not applicable to the Paragraph (b)(3). The contractor contractor is in the best position to
space(s) the contractor must enter (that would have to determine if there are any ensure adequate coordination between
is, entry procedures used for a different atmospheric hazards in the confined contractors whose work (and associated
space.) space. It would be required to comply hazards) may affect one another. Note
Paragraph (b). The contractor would with proposed § 1926.1205 that this proposed paragraph does not
be required to first determine what (Atmospheric testing and monitoring) specify any particular process by which
spaces are confined spaces and, if so, below to properly perform atmospheric the controlling contractor would
whether they are subject to any hazards. testing and monitoring. In following coordinate entry operations. The
Provisions (b)(1) through (b)(4) of this proposed § 1926.1205, all testing of the purpose of this proposed provision is to
proposed section spell out the internal atmosphere of the confined ensure that employees are protected
procedures for making these space must be done without use of from hazards that could result from a
lack of coordination between or monitor for oxygen deficiency, employer is required to keep under
contractors in the space. This paragraph combustible gases and vapors, and toxic proposed § 1926.1219 (Records)
works in concert with the requirements gases and vapors because these are well- regarding such hazards; if the exposure
of paragraph (c)(1) of this proposed recognized atmospheric hazards in involves a chemical hazard described by
section, which specifies that contractors confined spaces (see discussion of a Material Safety Data Sheet (MSDS)
must inform the controlling contractor atmospheric hazards in the general that the employer must maintain at the
and host employer of their precautions industry final rule for confined spaces at job site under 29 CFR 1910.1200
and entry procedures. The controlling 58 FR 4465). Employers must continue (Hazard Communications), the employer
contractor can use this information to to test or monitor the confined-space must ensure that the medical facility
coordinate the entry operations atmosphere while employees are receives the MSDS as well. The
performed by multiple contractors in or operating in the space. information must be provided to the
near a confined space to ensure the The Agency adopted the requirement treating medical facilities as soon as is
safety of employees. to test or monitor for oxygen deficiency, practical after the exposure. Employers
Paragraph (e). This proposed combustible gases and vapors, and toxic can comply with this proposed
paragraph addresses employee gases and vapors in this specific order provision by having that information
participation and notification, and (unless employers test or monitor these accompany the employee to the medical
would require the employer to provide atmospheric hazards simultaneously) facility or by providing it to the facility
its employees who enter a confined from the general industry and the ANSI as soon as practicable after the
space, and their authorized Z117.1–2003 confined-spaces standards. employee’s arrival there.
representatives, an opportunity to The preamble to the final general The Agency recognizes that such
observe evaluations of the confined industry confined-spaces standard information may already be available to
space performed under paragraph (b) of noted that this procedure represents medical facilities from other sources
this proposed section, reassessments generally accepted safe work practices, (such as state emergency-planning
conducted under proposed § 1926.1207 and explained the specified order as commissions), and that MSDSs or
(Reassessment), and any atmospheric follows: similar written information may not be
testing and monitoring required by this available in some instances. However,
A test for oxygen must be performed first
proposed standard. This proposed OSHA believes that it would be
because most combustible gas meters are
paragraph does not require employees oxygen dependent and will not provide reasonable and prudent to require
and their authorized representatives to reliable readings in an oxygen deficient employers to provide MSDSs or other
observe the specified activities; atmosphere. In fact, the Johnson Wax written information to a treating
however, it provides employees and Company (Ex. 14–222) stated that ‘‘there is medical facility when such MSDSs or
their authorized representatives with [a] specific (sensor dependent) oxygen level other similar written information
the option of observing should they below which the combustible gas sensor will already is required to be kept at the
choose to do so. OSHA believes that not respond at all [emphasis was supplied in worksite; for example, as noted earlier,
allowing employees and their original].’’ Combustible gases are tested for the Agency’s Hazard Communication
authorized representatives to participate next because the threat of fire or explosion standard at 29 CFR 1910.1200 may
is both more immediate and more life
in this manner will contribute to the require construction employers to keep
threatening, in most cases, than exposure to
successful implementation of safe entry toxic gases. MSDSs at the job site. Such information
operations by enhancing their may significantly help the medical
awareness of the hazards present in the (58 FR 4499.) OSHA remains convinced facility correctly diagnose and treat the
confined space. that the priority assigned to testing or employee.
monitoring atmospheric hazards by this
Section 1926.1205—Atmospheric proposed provision remains valid, and Section 1926.1206—Classification and
Testing and Monitoring is critical to the health and safety of Precautions
This proposed section prescribes employees involved in confined-space This proposed section would require
minimum procedures for atmospheric operations. an employer to use the information
testing and monitoring that employers Monitoring must be done periodically about the space that it obtained under
would be required to perform to and as necessary unless other provisions proposed § 1926.1204 (Worksite
adequately assess the atmospheric of this proposed standard or other evaluation, information exchange, and
conditions which exist within a OSHA requirements specify differently. coordination) and classify the confined
confined space. Information of this type ‘‘As necessary’’ refers to the monitoring space(s) in which their employees will
is vital to the identification of reasonably required to detect be working. The employer must then
atmospheric hazards within the space, atmospheric hazards. Some factors that follow the precautions and safety
and is also needed to make accurate may affect frequency are: results of tests procedures listed in the applicable
determinations for later classification of allowing entry; regularity of entry section. The classifications are:
the space. Maintaining safe atmospheric (daily, weekly, or monthly); Continuous System-Permit-Required
conditions is essential to the safety of all effectiveness of previous monitoring Confined Space (CS–PRCS); Permit-
employees working in the space. activity; and knowledge of the hazards Required Confined Space (PRCS);
Paragraph (a). Employers would be that affect the confined space. Controlled-Atmosphere Confined Space
required to test or monitor a confined Monitoring must be of a frequency and (CACS); and Isolated-Hazard Confined
space for certain atmospheric hazards in performed in a manner sufficient to Space (IHCS).
a specific order (oxygen deficiency, protect employees operating in confined Paragraph (a). This proposed
combustible gases and vapors, and toxic spaces from atmospheric hazards. paragraph lists the elements of a
gases and vapors) unless they test or Paragraph (b). Employers would have Continuous System-Permit-Required
monitor these hazards simultaneously, to provide medical facilities that treat Confined Space (CS–PRCS). A
and for other atmospheric hazards employees exposed to certain ‘‘confined space,’’ as defined in
specified in applicable OSHA atmospheric hazards (those hazards that proposed § 1926.1203 (Definitions
requirements (such as those in other could cause an immediate threat to life applicable to this subpart), would be
OSHA standards). Employers must test and health) with information the classified as a CS–PRCS if it has all the
elements listed in paragraphs (a)(1) PRCS, CACS or IHCS classification, as to: (1) A change in the configuration or
through (a)(3) of this proposed section. long as the applicable classification use of, or the type of work conducted or
Such spaces would be protected in requirements are met. The elements of materials used in, the confined space;
accordance with the safety provisions each classification are in proposed (2) new information regarding a hazard
and procedures specified by proposed §§ 1926.1208 (PRCS), 1926.1216 in or near a confined space; and (3) an
§§ 1926.1208 through 1926.1215. The (CACS), and 1926.1217 (IHCS). OSHA employee or authorized representative
Agency believes that employees in this had planned on proposing that the provides a reasonable basis for believing
type of space are vulnerable to hazards employer be required to classify the that a hazard determination is
that can migrate from a larger, space to the ‘‘lowest’’ classification inadequate. OSHA believes that, to
contiguous confined space and possible (that is, as an IHCS or, if that ensure the safety of the employees, if
overwhelm personal protective was not possible, then as a CACS, and any of these three indications occur it is
equipment and/or hazard controls, if that was not possible, then as a PRCS). necessary to check to see if new hazards
resulting in a hazard that is immediately However, one of the recommendations have arisen in the confined space.
dangerous to life and health. For that resulted from the SBREFA review Paragraph (b). When an employer has
example, employees in one part of a process was that OSHA should consider made a determination under proposed
sewer system could be drowned by an allowing employers greater flexibility in § 1926.1204 (Workplace evaluation,
unexpected flow of water from upstream this regard. The Agency has decided information exchange, and
in the system. Therefore, a means of that allowing flexibility in choosing the coordination) that a confined space was
warning the employees needs to be in classification will increase compliance subject to a hazard and the employer
place to protect them. with the standard, and has, therefore, implemented protective measures and
Paragraph (a)(1). The first element of allowed for flexibility in this proposed procedures, the employer would be
a CS–PRCS is that the confined space is provision. required to reassess its confined space
part of, and contiguous with (connects Paragraph (c). The employer would be worksite operations and procedures if
or contacts), a larger confined space— required to meet the accident- there is an indication that those
irrespective of whether the larger space prevention and -protection requirements measures may not protect employees
is a CS–PRCS, an Isolated-Hazard applicable to the confined space as working in or near the confined space.
Confined Space (IHCS), a Controlled- classified. The employer would have to This proposed provision lists seven
Atmosphere Confined Space (CACS), or meet those requirements before any examples of indications that would
a Permit-Required Confined Space employee enters the space. The require the contractor to reassess the
(PRCS). The space to be classified must accident-prevention and -protection confined space in light of the triggering
be contiguous with part of the larger requirements for each classification are event or new information. These events
system. For example, if an employer in proposed §§ 1926.1208 through include, but are not limited to: (1) A
were to perform work in a section of a 1926.1214 (PRCS), 1926.1215 (CS– change in the configuration or use of, or
sewer system, that section would be PRCS), 1926.1216 (CACS), and the type of work conducted or materials
considered part of and contiguous with 1926.1217 (IHCS). The Agency used in, the confined space; (2) new
a larger space (the entire sewer). As structured the proposed standard in this information regarding a hazard in or
such, it would meet this element. way so that the accident-prevention and near a confined space; (3) an employee
Paragraph (a)(2). The second element -protection requirements would be or authorized representative provides a
of a CS–PRCS is that the space is not tailored specifically to the space reasonable basis for believing that a
isolated from the larger confined space. classification being used. OSHA hazard determination or protective
In the context of this proposed believes that this approach will both measure is inadequate; (4) an
paragraph, the term ‘‘isolated’’ means ensure the protection necessary for the unauthorized entry into a PRCS; (5)
completely sealed off from the larger employees and give the employers some detection of a hazard in or near a PRCS
space such that passage of the hazards flexibility in selecting the classification. that is not addressed by the entry
from the larger space is impossible. permit; (6) detection of a hazard level in
Paragraph (a)(3). The third element of Section 1926.1207—Reassessment
or near a PRCS that exceeds the planned
a CS–PRCS is that the space is subject Paragraph (a). This proposed conditions specified in the entry permit;
to a potential hazard release from the paragraph would require employers to and (7) the occurrence, during an entry
larger confined space that would reassess the determinations made in operation, of an injury, fatality or near-
overwhelm personal protective proposed § 1926.1204 (Workplace miss.
equipment (PPE) and/or hazard controls evaluation, information exchange, and While some specified events, such as
used in the space. In this context, coordination) for a confined space that the presence of a new hazard in or near
‘‘overwhelm’’ means that the PPE and/ the contractor had previously the confined space, detection of a
or hazard controls would not be able to determined did not contain any hazard not covered by the entry permit,
cope with the hazard and would not atmospheric or physical hazards when or detection of a hazard that exceeds
protect employees, posing an immediate there is an indication that the acceptable levels (see paragraphs (b)(2),
danger to the life and health of any conditions under which the (b)(5), and (b)(6) of this proposed
employee working in the space. An determinations were made have section, respectively) may necessitate a
example would be where employees are changed. The Agency believes that this full physical and atmospheric retest of
in a confined space that is contiguous is necessary because conditions around the space, full retesting would not be
with a sewer and the water level in the and within confined spaces may change, required in all cases. For example, it is
space is being maintained at a safe level especially when construction activities unlikely that the unauthorized entry
with pumping equipment. However, the are performed around or within it. into a space (paragraph (b)(4) of this
pumping equipment could not maintain Consequently, when indications of proposed section) or an accident
that safe level if there were a surge of changes in the previous conditions unrelated to any atmospheric hazard
storm water from the sewer. arise, and to ensure that employees are (paragraph (b)(7) of this proposed
Paragraph (b). For confined spaces protected, it is necessary to conduct a section) would necessitate a complete
other than CS–PRCSs, the employer reevaluation of the confined space. Such review of the atmospheric conditions in
would have the flexibility to use a indications include but are not limited the confined space. OSHA recognizes
that while working in a confined space, Paragraph (a)(1). This proposed spaces—classification and accident-
the environment and/or working paragraph lists several characteristics of prevention and -protection
conditions may change as a result of PRCSs as defined in proposed requirements) unless they could
unforeseen occurrences. As such, the § 1926.1203 (Definitions applicable to demonstrate that isolation of a hazard is
employer must identify the need for a this subpart): a hazardous atmosphere; infeasible. When employers could
reassessment of the hazards and inwardly converging, sloping, or demonstrate that they could only isolate
working conditions based on changes tapering surfaces that could trap or physical hazards but not atmospheric
that may adversely affect safety or asphyxiate an employee; or an hazards, they would have to control the
health in the confined space. engulfment hazard or other physical atmospheric hazard and protect their
The indicators specified in paragraphs hazard. The presence of any one of these employees in accordance with proposed
(b)(1) through (b)(7) of this proposed characteristics in a confined space § 1926.1216 (Controlled-atmosphere
section are not meant to be a would require the employer to identify confined spaces—classification and
comprehensive list; rather, these and classify it as a PRCS. For example, accident-prevention and -protection
indicators are likely or common events a space between walls that narrows requirements). Only when they could
that would require a reassessment. The towards the base (including but not not isolate or control a hazard could
employer also would be required to limited to, funnels and hoppers) would employers use personal protective
conduct a reassessment where other, be a PRCS. equipment (PPE) to meet the
unlisted conditions occur that indicate Paragraph (a)(2). This proposed requirements of proposed §§ 1926.1208
a need to reassess the effectiveness of paragraph sets forth the requirements through 1926.1214 and 1926.1215
hazard controls used in the space. regarding physical and atmospheric (requirements for PRCSs and
Paragraph (c). This proposed hazards in PRCSs. Continuous System-PRCSs). However,
paragraph specifies the requirements for Paragraph (a)(2)(i). In this proposed during the SBREFA process, several
reassessing a confined space. Prior to provision, for each physical hazard Small Entity Representatives (SERs)
performing a reassessment, the identified under paragraph (b) of noted that they and their controlling
contractor must ensure that all proposed § 1926.1204, the employer contractors prefer to classify all
employees exit the confined space would have to design either an isolation confined spaces as PRCSs, thereby
immediately. The proposed provision method or use another method of providing consistency in training and
also requires the contractor to ensure protecting employees from each hazard. equipment when working in confined
that no employee reenters the space The means and methods designed by spaces.
until the contractor identifies the the employer must meet applicable OSHA’s initial position was
physical and atmospheric hazards in OSHA requirements. For example, if the consistent with other OSHA standards
accordance with paragraph (b) of confined space contains a physical such as 29 CFR 1926.55 (Gases, Vapors,
proposed § 1926.1204; follows the hazard associated with electrical Fumes, Dusts, and Mists), which require
classification procedures specified by equipment, the means of isolation or employers to eliminate hazards first
proposed § 1926.1206 (Classification protection must comply with the using engineering and work-practice
and precautions); and meets the appropriate OSHA electrical standard controls, and only then with PPE.
accident-prevention and -protection (e.g., 29 CFR part 1926 subpart K Nevertheless, the Agency agreed with
requirements applicable to the space (Electrical)). the comments of the SERs and revised
classification selected by the contractor Paragraph (a)(2)(ii). In this proposed its initial position to allow employers to
before any employee reenters the space. provision, for each atmospheric hazard meet the accident-prevention and
The Agency believes this proposed identified under proposed 29 CFR -protection requirements of an IHCS or
requirement is necessary because once 1926.1205 (Atmospheric testing and CACS as an option to complying with
an emergency occurs, the protective monitoring), the employer must isolate the PRCS requirements of the proposed
systems in place in the PRCS can no or control the atmospheric hazards standard. OSHA believes this approach
longer be relied on to protect the within the PRCS by either: (1) Ensuring to classification of confined spaces will
entrants; their safety then depends on that these hazards are reduced to a safe protect employees while allowing
their immediately getting out of the level 3 in the space without the use of employers some flexibility in the
PRCS. The Agency also believes that personal protective equipment (PPE) methods they choose to manage
this proposed requirement is necessary (see, for example, 29 CFR 1926.55, confined-space hazards. This
to ensure that the: spaces are correctly 1926.152, 1926.1100 through .1152); or conclusion is particularly true given the
assessed; employees are protected while (2) using PPE to protect the employees information the Agency received during
conducting a reassessment; and from the hazard. For example, for non- the SBREFA process when the SERs
employees receive appropriate explosive atmospheric hazards (such as stated that contractors often prefer to
protection prior to reentering the oxygen deficiency or toxic atmosphere), classify all confined spaces as PRCSs so
confined space. if the employer does not reduce the as to provide consistency in training
hazard in the space to a safe level, the and work practices. The Agency
Section 1926.1208—Permit-Required believes that in the construction
Confined Spaces method used to protect the employees
must include PPE that is sufficient to industry, where there are constantly
This proposed section would changing work environments, allowing
protect them in accordance with OSHA
establish (1) the criteria for identifying such an approach may provide
requirements applicable to the hazard.
and classifying a Permit Required OSHA initially considered requiring additional safety benefits to employees.
Confined Space (PRCS), and (2) the Paragraph (b). The two provisions of
employers to isolate all hazards and

basis for defining the conditions that meet the accident-prevention and this proposed paragraph require the
would enable authorized entrants to -protection requirements of proposed employer to define the planned
work safely in the PRCS (the planned § 1926.1217 (Isolated-hazard confined conditions under which authorized
conditions). entrants can work safely in a PRCS.
Paragraph (a). This proposed 3 ‘‘Safe level’’ is a defined term in proposed Paragraph (b)(1). Under this proposed
paragraph specifies the classification 1926.1203 (Definitions applicable to this subpart) of paragraph, the employer would be
requirements for PRCSs. this proposed standard. required to use the determinations made
under paragraph (a)(2) of this proposed inappropriate method for controlling without authorization is prohibited.
section to define the planned conditions atmospheric hazards in the PRCS. Language such as ‘‘Danger—Permit-
under which the employees can safely Required Confined Space—Authorized
Section 1926.1209—PRCS—Initial
work in the PRCS. Employees Only’’ and ‘‘Danger—Do Not
Accordingly, the required information Tasks
Enter Without a Permit’’ would convey
would include the hazard levels at Paragraph (a). One of the keys to this information. Similar language that
which employees can safely work and protecting employees from PRCS prevents unauthorized entry also would
the procedures and equipment used to hazards is for both employers and meet the requirements of the proposed
protect the employees. For example, employees to know the location of the rule.
when an employer decides to use PPE PRCSs at the job site, the characteristics OSHA considered allowing the use of
to protect employees from an of the hazards, and their associated a posted copy of the entry permit to
atmospheric hazard, the planned dangers. The provisions in this meet the sign requirement. However, the
conditions would typically include the proposed paragraph are designed to Agency rejected this idea because the
type of PPE to be used (such as type of achieve this goal. entry permit is not designed to serve as
respirator) and the levels at which the Paragraph (a)(1). The contractor a warning sign. Unlike a sign that reads
PPE would protect the employees from would be required to notify its ‘‘Danger—Permit Required Confined
the atmospheric hazard. employees that it anticipates will be in Space—Authorized Employees Only’’ or
Paragraph (b)(2). Employers would be or near the PRCS and their authorized ‘‘Danger—Do Not Enter Without a
required to determine that, in the event representatives, and the controlling Permit,’’ or similar language, the design
the ventilation system stops working, contractor, about the location of, and the and content of an entry permit is
the monitoring procedures will detect hazards/dangers posed by the PRCSs unlikely to clearly express to employees
an increase in atmospheric hazard levels located at the job site. The Agency (especially those not authorized to enter
in sufficient time for the entrants to believes that it is important for the the PRCS) that entering the space could
safely exit the PRCS. As explained for contractor to provide the controlling be dangerous.
a similar provision in the general contractor with this information because When the employer demonstrates that
industry standard (see 29 CFR the controlling contractor is in the best posting a sign at every possible entrance
1910.146(c)(5)(i)(B)), for the PRCS to be position to convey the contractor’s to a PRCS is infeasible, it instead would
considered safe, the mechanical information to other employers at the be permitted to use an equally effective
ventilation must control the site. This proposed provision will help means to warn employees of the
atmospheric hazards at levels that are facilitate the effective sharing of this presence and danger of the PRCS. Such
below the levels at which they are important information among other means must go beyond just generic
harmful to entrants (that is, at a contractors at the site, as well as the training in this standard, for example,
sufficiently low level that entrants will employees of these contractors that they since generic training would not
have time to exit the PRCS safely). In anticipate will be in or near the PRCS. identify the location of permit spaces at
addition, should the forced-air It also ensures that the contractor’s own a specific worksite. Therefore, an
ventilation system cease to function employees who will be in or near the equally effective means would identify
during entry (such as from a power PRCSs have this information. the PRCS locations so that employees at
loss), the atmosphere must remain at Paragraph (a)(2). The employer would the job site who may work near the
safe levels until monitoring procedures be required to post a danger sign at or PRCSs would be aware of these
detect rising atmospheric hazard levels near the PRCS entrances, which the locations and would understand the
and entrants can safely exit the space or Agency believes is necessary to ensure importance of not entering them.
ventilation is restored. The Agency that employees are warned of the Paragraph (b). The employer would be
believes that monitoring is the primary presence and danger of a PRCS. If the required to decide if any employees
method for detecting an increase in employer can demonstrate that a sign is would be authorized to enter the PRCS.
atmospheric hazard levels and, infeasible, it would have to use an If no employees will be authorized to
therefore, this proposed standard equally effective means of alerting enter, entry must be prevented by
generally requires the use of monitoring employees. The Agency believes that implementing the three measures
to detect ventilation system failure. employees need this information to specified below in paragraphs (b)(1)
However, other indicators may be useful understand the seriousness of potential through (b)(3) of this proposed section.
in detecting such failures, including hazards in the PRCS. Compliance with The Agency believes that these
changes in noise levels, air flow, and/or this proposed requirement would measures would effectively prevent
pressure; and signs, symptoms, and ensure that employees who are not unauthorized entry into PRCSs and so
characteristic effects of exposure to the involved in PRCS operations would be protect employees from encountering
atmospheric hazard. sufficiently informed so that they would PRCS hazards.
In the event the control methods fail, not attempt to enter the spaces. Paragraph (b)(1). The employer would
meeting the requirements of this However, OSHA notes that only be required to use barriers to
proposed paragraph would provide employees who work in PRCSs would permanently close the PRCS to prevent
employees with a safe atmosphere need to know more details about the access to the PRCS. The use of barriers
within the PRCS until they evacuate potential hazards. Therefore, this helps ensure that the PRCS remains
from the confined space, thereby proposed provision would not require inaccessible to employees. A barrier is
reducing the risk of serious injury and employers to list specific PRCS hazards a physical obstruction that blocks access
death. Nevertheless, OSHA believes that on each sign. The Agency believes that, to the PRCS; for example, a plywood
if the atmospheric hazards would when properly warned, employees who sheet could be installed to cover the
rapidly rise to unsafe levels in the event are not authorized to enter the space entrance, or 2x4s installed in such a
of a failure in the mechanical- would avoid entering the PRCS, thereby manner that some or all of the barrier
ventilation system, and employees preventing harm that could result from would have to be removed to easily
could not exit safely from the PRCS the PRCS hazards. enter the space.
under these conditions, then The sign must convey that entering Paragraph (b)(2). Under this proposed
mechanical ventilation may be an the space is dangerous and that entry provision the employer would be
required to post danger signs in This proposed provision serves a would not typically be trained regarding
accordance with paragraph (a)(2) of different purpose than the barrier the hazards and safety procedures
proposed § 1926.1209. The Agency required below in paragraph (c) of required by the applicable sections of
believes that it is necessary to use such proposed § 1926.1210. As discussed this proposed standard. Consequently,
signs in conjunction with the barrier below, the barrier in paragraph (c) of their presence could compromise not
because, without such signs, an proposed § 1926.1210 would be only their own safety and health, but
employee may not understand that the designed to protect authorized entrants also the safety and health of other
purpose of the barrier is to keep all from external hazards presented by employees in the PRCS.
employees out of the PRCS. Such signs pedestrians and vehicles. In contrast, Paragraph (d). This proposed
are particularly important at the barrier or high-visibility physical paragraph establishes an employer’s
construction sites, where construction restriction in this proposed provision is duties to train employees the employer
employees are accustomed to removing designed to prevent non-authorized anticipates will be in or near the PRCS.
material to gain access to an area. entrants from entering the PRCS, while Paragraph (d)(1). The employer would
Paragraph (b)(3). Employers would be allowing authorized entrants ready have to ensure that employees who will
required to inform their employees and access to the PRCS. be in or near a PRCS acquire the
the controlling contractor of the location Paragraph (c)(1)(ii). Employers would knowledge and skills necessary for the
of the closed PRCS and the measures be required to post signs that comply safe performance of their duties as
used to prevent entry into the space. with paragraph (a)(2) of this proposed specified by the applicable sections of
The purpose of this proposed paragraph section at or near the entrances to the this proposed standard. The proposed
is to ensure that all employees, PRCS. The sign required by this provision specifically identifies
including employees who are not proposed paragraph would warn ‘‘employees who will be in or near a
authorized to enter a PRCS, are employees that it is dangerous to enter PRCS’’ as entry supervisors, attendants,
informed directly of the locations of the the PRCS. The sign would work in authorized entrants, and rescue-service
closed PRCSs and the dangers they conjunction with the physical employees. The training must also result
pose. As a result, employees, including restrictions specified in paragraph in the employees understanding the
those employees who have no (c)(1)(i) of this proposed section to hazards in the PRCS that they will be
experience working near or within a communicate the presence of hazards working in or near, and the methods
PRCS, would recognize, and avoid within the PRCS. used to isolate, control, or protect them
entering, a PRCS. Paragraph (c)(1)(iii). The employer from these hazards. For example, if an
Paragraph (c). Under this proposed would have to inform its non-authorized authorized entrant enters the space to
paragraph, if the employer decides that employees and the controlling isolate an identified hazard or to set up
one or more employees will be contractor of the location of, and ventilation to control an atmospheric
authorized to enter the PRCS, it would hazards in, the PRCS and the measures hazard, the employer would be required
be required to implement specific used to prevent unauthorized entry. As to ensure that the employee is trained
measures to limit entry into the PRCS to with the requirements in paragraphs not only in accordance with the PRCS
only those employees authorized to (a)(1) and (b)(3) of this proposed section, entry requirements, but also to perform
enter. Compared to the general industry OSHA believes that it is important for the tasks necessary to isolate and
standard, the provisions in this the employer to communicate the control the specific hazards in
proposed paragraph provide more location and hazards of the PRCS to its accordance with other appropriate
specific information to employers about non-authorized employees. In addition, OSHA requirements applicable to
how to limit PRCS access to authorized the controlling contractor is typically in construction. All employees who enter
entrants at construction worksites. the best position to disseminate the the space thereafter must also be trained
Paragraph (c)(1)(i). OSHA believes information about the PRCS to the other to understand how the hazards within
that to effectively limit entry into a affected employers. OSHA believes that the space, if any, have been isolated or
PRCS, it is necessary to make it inadvertent entry into the PRCS by non- controlled. OSHA believes that the
physically difficult for non-authorized authorized employees is less likely to training employees receive under this
employees to enter the space since occur where this information is provision will enable them to associate
employees may not take note of other disseminated. the signs, symptoms and characteristic
types of warnings (such as signs) before Paragraph (c)(2). The employer would effects (discussed elsewhere in this
entering the space. Therefore, under this be required to allow only employees preamble) to failure of methods to
proposed provision, employers would who are ‘‘authorized entrants’’ as control or isolate the hazards. Therefore,
be required to use either barriers or defined above under proposed this training will enable employees to
high-visibility physical restrictions, § 1926.1203 (Definitions applicable to safely perform their requisite duties
such as warning lines with flags, this subpart) to enter the PRCS. while working in or near the PRCS, and
installed across the entrances to the Paragraph (g) of proposed § 1926.1210 to respond appropriately if the hazard-
PRCS. High-visibility physical would require the employer to designate protection methods fail.
restrictions such as warning lines with which employees are authorized Paragraph (d)(2). Multiple fatalities
flags would be allowed as an option in entrants and to ensure that these could occur when one employee
this proposed provision since these individuals are identified on the current discovers that another employee has
restrictions allow authorized employees entry permit in accordance with been incapacitated inside a confined
to enter the space. Unlike the barriers paragraph (a)(2)(ii) of proposed space and goes into the space to rescue
described above in paragraph (b)(1) of § 1926.1214. Only these individuals the victim, only to become incapacitated
this proposed section, which must may enter the PRCS. The Agency as well. OSHA believes one of the ways
prevent any employee from entering the believes that this proposed requirement the proposed standard would prevent
PRCS, the purpose of the barriers will help maintain safe PRCS this type of tragic sequence is by having
required by this paragraph is to warn operations, which to a significant extent separate requirements for those
non-authorized employees not to enter depend on the entrants knowing about employees who are specifically
the space while allowing entry into the the hazards and proper PRCS authorized to enter the PRCS for rescue
PRCS by authorized entrants. procedures. Non-authorized entrants and those employees who are not.
Under this proposed paragraph, the result in substantial harm to themselves the trainers, and dates of the training.
employer would be required to train and/or other employees. These records may be stored
employees the employer anticipates will Paragraph (d)(3)(iii). The employer electronically.
be in or near the PRCS, and who are not would be required to ensure that OSHA recognizes that the turnover
authorized to perform entry rescues, authorized entrants exit the PRCS when rate for employees on construction sites
about the dangers of trying to perform a new hazard is introduced or occurs in is higher than in many other industries,
a rescue. This training is especially the PRCS for which the authorized and that employees are also likely to
important for authorized entrants, entrants have not previously received work at several different worksites
attendants, and supervisors since they training. The employer then would have based on the type of work that needs to
are most likely the first to become aware to ensure that all untrained employees be performed. For example, an employer
that an employee in the PRCS is the employer anticipates will be in or could designate an employee to be an
incapacitated. near the space to complete training that authorized entrant in several different
Paragraph (d)(3). This proposed provides the necessary skills and confined spaces at the same worksite,
paragraph specifies when the knowledge regarding the new hazard which may require the employee to
employees, notably entry supervisors, before the space is reentered. perform different assigned tasks under
attendants, authorized entrants, and An example would be authorized various planned conditions. In this
rescue-service employees, would have entrants working in a PRCS who, in the situation, OSHA believes that this
to be trained under the requirements of course of their work, discover a documentation is necessary to keep
paragraphs (d)(1) and (d)(2) of this previously unknown gas line; none of track of whether the employee has been
proposed section. The provisions of this the authorized entrants has been trained effectively trained to perform the
proposed paragraph are designed to on the hazards associated with working various tasks under the planned
ensure that the training would be in a PRCS that has a gas line. This conditions. Compliance with this
provided before the employees proposed provision would require that provision would provide employers
encounter a PRCS hazard, thereby the employees exit the PRCS (not just with an administrative tool that they
ensuring that they can respond the area near the gas line) until they can use to confirm which employees
promptly and appropriately to hazards, receive the required training. will be able to perform the duties
and that they are aware of the dangers Paragraph (d)(4). The employer would required by this proposed standard. By
of attempting entry rescues. have to ensure that employees that the providing an easily accessible reference
Paragraph (d)(3)(i). The employer employer anticipates will be in or near for determining employee training
would have to ensure that specified the PRCS can demonstrate proficiency status, this provision would ensure a
employees (that is, entry supervisors, in the duties required by this proposed safer workplace within the PRCS.
attendants, authorized entrants, and standard, including any new or revised Paragraph (d)(6). The provisions of
rescue-service employees) receive the PRCS procedures. This proposed this proposed paragraph would require
training required above in paragraphs provision would ensure that employees that an employer ensure that employees
(d)(1) and (d)(2) of this proposed section would not enter a PRCS without being be retrained when specified
prior to the beginning of PRCS entry able to apply the knowledge and circumstances occur.
operations (that is, when an authorized procedures addressed in their training. Paragraph (d)(6)(i). Retraining would
entrant enters the PRCS). This proposed In other words, the employer must be required when the employer has
requirement ensures that employees determine that, for each employee, the reason to believe that the employee has
receive adequate training regarding training has been effective—that it has deviated from the PRCS entry
PRCS hazards before authorized resulted in the employee understanding procedures in proposed §§ 1926.1209
entrants are exposed to these hazards. the information sufficiently so that he/ through 1926.1214. By retraining
Paragraph (d)(3)(ii). Under this she can apply it and be proficient in the employees who deviate from entry
proposed provision, if employees required duties. procedures, the employer can better
receive a change in assigned tasks and Paragraph (d)(5). The employer would ensure the safety of all employees in a
these changes affect the planned be required to maintain training records PRCS. OSHA believes that even one
conditions for the PRCS, then the for each employee. The training records employee can adversely affect the safety
employer must train these employees would have to meet several of others in a confined space if he/she
before they enter the PRCS on the newly requirements specified by this proposed deviates from correct entry procedures.
assigned tasks, including how to paragraph. As explained in the Paragraph (d)(6)(ii). Retraining would
maintain the conditions of the PRCS following paragraph, the Agency also be required when the employer
classification when performing the believes that maintaining such records finds indications that the employee does
tasks. For example, an employee’s is necessary to ensure that employees not have adequate knowledge and skills
assignment changes so that he/she must that need to be trained in PRCS hazards regarding PRCS entry procedures.
maintain the proper functioning of have received the appropriate training. OSHA believes that employees in a
ventilation equipment in the PRCS or Paragraphs (d)(5)(i) and (d)(5)(ii). The PRCS with inadequate knowledge or
perform atmospheric monitoring; before training records would have to show skills regarding these procedures could
reentering the space, the employee must that the employee accomplished the endanger their lives and also the lives
be trained to perform such tasks and to training requirements specified in of other employees in the space.
understand their significance to safe paragraphs (d)(1) through (d)(4) of this Paragraph (e). Before any employees
PRCS entry operations. This additional proposed section when required. This enter a PRCS, the employer would be
training only applies when employees documentation can take any form that required to complete arrangements for
have not received previous training on reasonably demonstrates the employee’s the rescue of these employees in
these newly assigned tasks. This completion of the training. Examples accordance with proposed § 1926.1213
proposed provision would ensure that include attachment of test scores, a (PRCS—rescue criteria). The Agency
employees have the knowledge and photocopied card certifying completion believes that this proposed provision is
skills necessary to perform their newly of a class, or any other reasonable necessary to ensure that rescue and
assigned tasks safely within a PRCS, means. The records would also have to emergency services will actually be
thereby preventing errors that could contain the employee’s name, names of readily available if they are needed.
Note that, in paragraph (e)(2)(iv) of space, or that could injure the engineer, even when these systems are
proposed § 1926.1210, the entry employees when they are near the not covered by an OSHA standard.
supervisor is specifically required to PRCS. When necessary to achieve this Paragraph (e). The provisions under
verify that this arrangement has been purpose, this proposed provision this proposed paragraph delineate the
made before authorizing a PRCS entry. requires employers to promptly: use requirements for an entry supervisor.
Paragraph (f). The employer would guardrails or covers as specified in 29 These proposed requirements focus
have to develop procedures for safely CFR 1926.502 (Fall protection systems overall coordination of PRCS entry
terminating entry operations under both criteria and practices) of subpart M (Fall operations on the entry supervisor, and
planned and emergency conditions. For Protection) to guard holes and openings provide that person with authority to
example, if ventilation equipment is into the space from falling individuals terminate PRCS entry operations and to
being used to help control an and objects, and institute measures to cancel the entry permit. By centralizing
atmospheric hazard, safe termination control pedestrian and vehicle traffic in these duties in a single individual who
procedures under planned conditions or accordance with the requirements in 29 is highly knowledgeable regarding PRCS
emergency conditions would include CFR Part 1926 subpart G (Signs, Signals, entry operations, these proposed
sequencing shut-down operations so and Barricades). requirements would substantially
that the ventilation was not turned off Paragraph (d). Employers would be enhance the safety of affected
until the end of the termination process required to ensure that a safe method of employees, especially authorized
(that is, after employees exit the PRCS). entering and exiting a PRCS (such as entrants.
stairways or ladders) is provided and Paragraph (e)(1). The employer would
Section 1926.1210—PRCS—Preparing be required to assign at least one entry
used, and that it meets applicable OSHA
for Entry supervisor for each worksite where
requirements (such as 29 CFR Part 1926
Once the initial tasks under proposed subpart X (Stairways and Ladders)). For there is a PRCS. OSHA believes that
§ 1926.1209 (PRCS—initial tasks) have example, where the employees are many of the accidents that occur in
been completed, the employer would working in an underground vault, the confined spaces are the result of an
then have to meet several requirements employer would be required to provide employer’s failure to implement
under this proposed section before and ensure the use of a safe means of confined-space entry procedures. To
allowing an employee to enter a PRCS. entry into and exit from an underground help prevent such accidents, the Agency
Paragraph (a). Before any authorized vault, and, if applicable, ensure that the believes that it is necessary for the
entrant enters a PRCS, the employer method complies with OSHA standards. employer to not only establish safe
would be required to prepare an entry This proposed paragraph also would procedures for PRCS entry, but to also
permit that meets the requirements of require that if a hoisting system is used, ensure that these protective procedures
proposed § 1926.1214 (PRCS—entry it must be designed and manufactured are implemented. Therefore, to ensure
permits), and then post this entry permit for personnel hoisting. This proposed that the protective entry procedures are
where the authorized entrants enter the provision also allows for the use of job- implemented, this proposed paragraph
PRCS. OSHA believes that making the made hoisting systems if these systems requires the employer to assign an entry
permit available to all authorized are approved for personnel hoisting by supervisor for the PRCS who would
entrants is necessary because they need a registered professional engineer prior coordinate procedures for entering the
to know, and be able to refer back to, the to use in PRCS entry operations. PRCS. Accordingly, the entry supervisor
information that is in the permit to work However, commercial hoisting has specific duties that must be fulfilled
safely in the PRCS. systems not designed and manufactured to ensure a safe workplace for those
Paragraph (b). This proposed specifically for personnel hoisting employees the employer anticipates will
paragraph would require, prior to would not be permissible under this be in or near the PRCS. The employer
removing an entrance cover, that proposed provision because OSHA would be required to ensure that the
employers eliminate any condition that believes they cannot be used safely for assigned individual meets the
makes it unsafe to remove the entrance this purpose. This proposed qualifications and performs the duties
cover. For example, conditions such as requirement would eliminate further specified in paragraph (e)(2) of this
heat and pressure within the PRCS may injuries and deaths of employees that proposed section.
pose a danger to employees removing an could occur from the use of a hoisting Paragraph (e)(2)(i). The employer
entrance cover. In such cases, the cover system that was not designed would be required to ensure that the
may be blown off in the process of its specifically for personnel hoisting. The entry supervisor knows the physical and
removal, or superheated steam may provision would give the employer atmospheric hazards in the PRCS. It is
suddenly escape and burn the flexibility in its choice of personnel essential for the entry supervisor to
employee. Another example would be hoisting systems by allowing a know this information since it forms the
where a sealed cover is removed and registered professional engineer to basis for the PRCS procedures that
toxic gases are released. approve a job-made system. OSHA would be used to protect the affected
To protect employees from these believes that either option would ensure employees.
hazards inside the PRCS, the employer that the personnel hoisting system will Paragraph (e)(2)(ii). The employer
would be required to make a hazard meet the design specifications needed would be required to ensure that the
assessment before any cover is removed. for employees to safely access the PRCS. entry supervisor knows how the hazards
Removal of the cover to the PRCS would This proposed provision would enter the body (for example, by skin
not be permitted until the employer ensure that authorized entrants always contact or inhalation), as well as the
identifies any hazardous conditions have a safe and effective means of signs, symptoms, and characteristic
related to the cover’s removal and then entering and exiting the space, effects (including behavioral effects) of
eliminates those hazards. including escaping from it in an exposure to these hazards. As an
Paragraph (c). The purpose of this emergency. These means include individual with the authority to order
proposed paragraph is to protect systems that are designed and the evacuation of the PRCS and cancel
employees in and around the PRCS from manufactured for personnel hoisting the entry permit, it is essential that the
being struck by individuals or objects and job-made hoisting systems entry supervisor recognize hazardous
outside the PRCS that may fall into the approved by a registered professional conditions and telltale indications
(signs, symptoms, and characteristic correcting the hazard and for evacuating employees. The attendant would often
effects) that a hazard is affecting the PRCS. In addition, the signature be the first (and sometimes only) person
employees in or near the PRCS requirement underscores to the to recognize unacceptable conditions or
operations. By meeting the knowledge employer and the entry supervisor the signs of hazardous conditions within
requirements of this proposed importance of their determination that the space. Therefore, it is imperative
paragraph, the entry supervisor would the prerequisites for safe entry listed in that the attendant remain outside of the
be better prepared to identify emergency the permit have been met. PRCS to monitor the space and to
situations by observing employees Paragraph (e)(2)(vi). The employer contact and help coordinate rescue
involved in entry operations. would be required to ensure that the personnel during times of emergency.
Paragraph (e)(2)(iii). The employer entry supervisor terminates PRCS entry Paragraph (f)(2). The employer would
would have to ensure that the entry operations in accordance with be required to ensure that the attendant
supervisor verifies (by checking paragraph (b) of proposed § 1926.1212 knows the hazards associated with the
appropriate entries in the permit) the (Supervisor requirements) of this PRCS, how these hazards enter the
completion of atmospheric testing proposed standard. For an explanation body, and the signs, symptoms, and
specified in the entry permit, that the of this proposed requirement, see the characteristic effects that can result from
conditions in the PRCS are within the discussion under paragraph (b) of those hazards. Knowing this
planned conditions as defined in proposed § 1926.1212 of this preamble. information is crucial for the attendants
accordance with paragraph (b) of Paragraph (f). The provisions of this to perform their duties because they
proposed 1926.1208 and as listed in the proposed paragraph specify the must be able to recognize when there
entry permit, and that any other requirements for attendants. These are indications that the planned
procedures and equipment specified in proposed requirements would help to conditions in the PRCS are not being
the entry permit are in place. These ensure the safety of employees in or met—that something is wrong with the
preliminary checks are necessary to near the PRCS. system of employee protection. Because
ensure that the conditions in the space Paragraph (f)(1). The employer would attendants would be able to easily
are within the planned conditions— be required to station an attendant communicate with entrants and entry
hazard levels are as planned, and outside the PRCS for the duration of the supervisors, their recognition of
protective measures are already in entry operation. The rationale for deviations from the planned conditions
place, working properly, and are assigning attendants to a PRCS is similar and of the signs, symptoms and
effective—before entry operations to the rationale for assigning entry characteristic effects that might indicate
commence. supervisors to these confined spaces exposure to a hazard will help enable a
Paragraph (e)(2)(iv). The employer (see paragraph (e)(1) of this proposed timely evacuation of the PRCS.
would be required to ensure that the section). Although an attendant does not Paragraph (f)(2)(i). The employer
entry supervisor verifies that the entry have the overall responsibility for would be required to ensure that
rescue service (selected in accordance employee safety and health assigned to attendants know the physical and
with paragraph (e) of proposed the entry supervisor, the attendant is a atmospheric hazards in the PRCS.
§§ 1926.1209 and proposed 1926.1213) crucial link in the communication chain OSHA believes that knowing the
is available to perform their rescue between the entry supervisor, rescue hazards within the space includes being
duties and that the means for timely operations, and the authorized entrants. able to both recognize and understand
summoning the entry rescue service is It is extremely important that the them.
operating properly. Since the employer attendants understand their duties, stay Paragraph (f)(2)(ii). The employer
would be required to assign authority in contact with the entrants, and remain would be required to ensure that
for safe permit entry operations to the alert to conditions inside and outside attendants know how the hazards may
entry supervisor, it is reasonable and the PRCS. The attendant may be in the potentially enter the body (for example,
consistent with the rescue provisions to best position to warn the entrants of skin contact and inhalation), the signs
specify that the entry supervisor verify hazardous conditions developing and symptoms of coming into contact
that the entry rescue service is available outside the space and impending danger with a hazard, and characteristic effects
and the means of summoning it in a within the space, and to recognize (including behavioral effects) of the
timely manner is functioning properly. physical and behavioral changes in the hazards. OSHA believes this proposed
Paragraph (e)(2)(v). After the entry entrants that would indicate that requirement is necessary because the
supervisor makes the verifications conditions within the space may be attendant is likely to be in a position to
required by paragraphs (e)(2)(iii) and deteriorating. In cases where the entrant quickly recognize deteriorating
(e)(2)(iv) of this proposed section, the becomes incapacitated, the attendant conditions within the space and
employer would be required to ensure often is an entrant’s only contact with communicate the need for an immediate
that the entry supervisor signs the entry individuals outside the confined space. evacuation. For instance, subtle
permit to authorize employees to enter Without the attendant, many behavioral changes/effects detected in
the PRCS. OSHA believes that it is emergencies in the space would not be an entrant’s speech or deviations in
important for all employees the detected and help would not be established communication procedures
employer anticipates will be in or near summoned until it is too late. could alert the attendant that it is
the PRCS to be able to know who the One of the main duties of the necessary for the entrant to evacuate the
persons are who have authority and attendant is to recognize hazardous space or to be rescued.
responsibility with respect to conditions that are occurring inside the Paragraph (f)(3). Under this proposed
maintaining safe conditions during PRCS and to communicate this provision, the employer would be
entry operations. If an employee information to rescue personnel in permitted to assign a single attendant to
discovers an unsafe condition or emergency situations. If the attendant monitor more than one PRCS only when
symptoms caused by an unsafe was inside the space, the attendant the requirements in this proposed
condition, it is important for the could become incapacitated if an paragraph are met. OSHA acknowledges
employee to be able to notify a person emergency occurred and rendered that, although it is best to have one
(such as the entry supervisor) with the unable to perform the very duties that attendant outside each PRCS, there may
authority and responsibility for are necessary to protect the other be situations when one attendant can
effectively monitor multiple PRCSs. The Paragraph (g)(1). The employer would authorized entrants, attendants, and
ability to monitor multiple PRCS sites be required to designate which entry supervisors.
allows employers maximum flexibility employees are authorized to enter a Paragraph (h)(1). The employer would
in providing for the safety of employees specific PRCS. For example, when there be required to ensure that employees do
where site-specific factors permit the is a worksite with five separate PRCSs not serve as authorized entrants and
attendant to do so. For instance, in some where employees will be performing attendants simultaneously. OSHA
circumstances a single attendant construction activities, the employer believes that the roles of authorized
equipped with modern technologies would be required to designate the entrant and attendant are fundamentally
such as automated monitor/alarm specific employees who are authorized incompatible since, under paragraph
systems and audio-video equipment to enter specific PRCSs. Only those (f)(1) of proposed § 1926.1210, the
may be able to monitor multiple sites employees whom the employer attendant must be stationed outside the
and react to emergency conditions as designates as authorized (and are space for the duration of the entry
effectively as a single attendant at each documented in the entry permit) are operation (as explained in the
space. allowed to enter the designated PRCS. discussion of paragraph (f)(1) of
Paragraph (f)(3)(i). The employer Paragraph (g)(2). This proposed proposed § 1926.1210). In addition, the
would be required to ensure that paragraph would require the employer Agency believes that trying to perform
attendants are able to completely and to ensure that the authorized entrants both roles simultaneously would be too
accurately perform all duties assigned to know about the hazards associated with distracting to perform either position
them under paragraph (f) of proposed the PRCS they will be entering, and the effectively.
§ 1926.1211 (Attendant duties). The characteristics associated with each Paragraph (h)(2) and (h)(3). An
attendants must be able to perform these particular hazard. This knowledge employer would be permitted to have an
duties at each individual PRCS without would afford authorized entrants with attendant or authorized entrant serve
compromising the performance of their the information they need to protect simultaneously as an entry supervisor
duties at any other PRCS site they are themselves from these hazards. only if the employer ensures that the
person meets all the requirements under
responsible for monitoring. Therefore, Paragraph (g)(2)(i). The employer
this proposed standard applicable to
OSHA believes that to effectively would be required to ensure that the
that person’s assigned roles. These
monitor multiple PRCSs without authorized entrants know the physical
provisions would, in effect, require
compromising the safety of the entrants and atmospheric hazards in PRCSs they
employers to first assess the type and
in any one of the PRCSs, employers are authorized to enter. This proposed
extent of the assigned tasks associated
must meet the requirements of requirement is similar to requirements
with each role and determine that the
paragraph (f) of proposed § 1926.1211 described above for entry supervisors roles do not interfere with each other.
for each PRCS. and attendants in §§ 1926.1210(e) (Entry Paragraph (i). OSHA is reserving this
Paragraph (f)(3)(ii). The employer supervisor) and (f) (Attendant) of this paragraph because it is difficult for
would be required to provide the proposed section. readers to have to distinguish if the
equipment and procedures needed by Paragraph (g)(2)(ii). The employer letter (i) is being used as a letter or as
an attendant to respond to an emergency would be required to ensure that a roman numeral.
affecting any of the PRCSs he/she is authorized entrants know how the Paragraph (j). The employer would be
assigned to monitor. Examples of such hazards may enter the body (skin required to provide, and ensure the use
equipment include electronic contact, inhalation), as well as signs and of, equipment necessary to maintain
equipment (for example, electronic symptoms, and characteristic effects safe conditions in a PRCS. OSHA
audio and video tools) that enables the (including behavioral effects) that the believes that providing such equipment,
attendant to detect what is occurring hazards may cause. This proposed and using it correctly, would prevent
inside the multiple PRCSs without the provision is similar to paragraphs injuries and fatalities in PRCSs.
attendant having to simultaneously be (e)(2)(ii) and (f)(2)(ii) of this proposed Accordingly, the purpose of this
physically present at each PRCS section, which specify knowledge proposed paragraph is to ensure the
entrance. If an employer chooses to requirements for entry supervisors and availability and proper use of whatever
require an attendant to monitor multiple attendants. It is particularly important equipment is necessary to reduce the
PRCSs, the employer would have to for the authorized entrants to have this dangers posed by PRCSs.
provide all of the equipment necessary knowledge, since it may help them Paragraph (j)(1). The employer would
for the attendant to fulfill the required avoid PRCS hazards. For example, if an be required to provide communication
duties. OSHA believes that it is accident occurs in which an employee’s equipment necessary for compliance
unrealistic to expect an attendant to be protective equipment is cut, a hazardous with paragraphs (f)(5), (g)(2), and (h)(2)
able to adequately perform those duties chemical gets on his/her skin, and the of proposed § 1926.1211 (requirements
without the equipment necessary to employee knows that the chemical can for entrant-to-attendant communication
accomplish the tasks assigned in enter the body through skin contact, the and rescue-service summoning
paragraph (f) of proposed § 1926.1211. likelihood that the employee will requirements, respectively). Such
Paragraph (g). The provisions of this immediately seek help is enhanced. equipment may be of a variety of types
proposed paragraph address Another example is if an authorized (for example, cell phones, two-way
requirements regarding authorized entrant sees unusual behavior in hand-held radios), so long as it is
entrants. OSHA believes that these another authorized entrant and knows effective. If there is weak or
employees face the greatest danger from that the behavior is a symptom of unpredictable signal strength where the
the PRCS because they will be working exposure to a hazard, the authorized device is used, the device would not
in or near the hazards that pose serious entrant will more likely recognize that meet the requirements of the proposed
safety and/or health risks. To ensure an emergency is occurring and take standard. Properly operating
safe PRCS entry operations it is appropriate action. communication equipment is essential
necessary for employers to limit PRCS Paragraph (h). This proposed in relaying information to persons of
entry to those employees who have the paragraph sets forth the criteria for authority regarding potentially
requisite knowledge about the hazards. assigning simultaneous roles to dangerous changes in the PRCS
conditions. Such information is ensuring that employees receive Section 1926.1211—PRCS—During

necessary to monitor the hazards within adequate protection from these hazards Entry
the space and to provide guidance on under emergency conditions. This proposed section details the
methods appropriate for protecting or Accordingly, the employer would have requirements that would apply while
removing employees from those to identify this additional equipment, if any employee is in a PRCS. The
hazards. any, after conducting an assessment of proposed requirements address the
Paragraph (j)(2). The employer would the PRCS as required by the applicable duties of entry supervisors, attendants,
be required to provide lighting sections of this proposed standard. and authorized entrants, as well as
equipment to illuminate PRCSs that
Paragraph (k). The employer would be hazard monitoring and rescue.
provides the illumination levels
required to document in the entry Paragraph (a). The employer would be
specified by 29 CFR 1926.56
permit determinations made and actions required to ensure that physical and
(Illumination). OSHA believes that this
taken pursuant to the paragraphs (b) atmospheric hazards in the PRCS
proposed requirement would assist
through (j) of this proposed section. remain isolated or controlled, or that the
employees in conducting safe PRCS
OSHA believes that proper employees remain protected from them,
operations, including safe escape from a
implementation of these complex and in accordance with the determinations
PRCS if necessary.
Paragraph (j)(3). The employer would critical safe-entry procedures depends made under proposed § 1926.1208
be required to provide railings, covers, (Permit-required confined spaces),
on adequate documentation. Therefore,
or barriers as required in paragraphs (b) while any employee is in the PRCS. If
this proposed provision requires
and (c) of proposed § 1926.1209 and the employer cannot maintain isolation
employers to document relevant
paragraph (c) of proposed § 1926.1210. or control of the physical and
information about the PRCS in the atmospheric hazards, or protect
OSHA believes that this proposed permit that it obtains while preparing
requirement is necessary to keep employees from these hazards, within
for entry operations; this information the parameters established under
unauthorized employees from entering pertains to the isolation of hazards,
the PRCS and to help protect employees proposed § 1926.1208, then the
planned conditions, and other employer would be required to
inside the PRCS from being struck by information required for safe PRCS
objects and individuals falling into the terminate the entry.
entry. For example, the actions an Paragraph (b). The employer would be
PRCSs. When providing this equipment,
employer takes to remove a pressurized required to monitor atmospheric
employers must ensure that it complies
or extremely heavy manhole cover (a hazards in accordance with the
with the requirements of other
applicable OSHA standards (for physical hazard) as required by requirements specified in proposed
example, guardrails must meet the paragraph (b) of this proposed section is § 1926.1205 (Atmospheric testing and
requirements of 29 CFR 1926.502(b) the type of information that employers monitoring) while employees are in the
(Guardrail systems), covers must would have to include in the entry PRCS. Monitoring must be continuous
conform to 29 CFR 1926.502(i) permit. In contrast, this provision would unless the employer can demonstrate
(Covers)). not require employers to document all that the equipment is not commercially
Paragraph (j)(4). The employer would the information specified in paragraphs available or periodic monitoring is
be required to provide and ensure the (b) through (j) of this proposed section, sufficient. In contrast to many general
use of equipment, such as ladders, ‘‘only determinations made’’ and industry PRCSs, in the typical PRCS
needed for safe entry into and exit from ‘‘actions taken’’; for example, employers construction setting, it is often difficult
the PRCS. In doing so, employers must would not have to document on the for the employer to predict with
ensure that this equipment, including entry permit whether an entry reasonable certainty the levels of
its use by employees, complies with the supervisor meets the requirements hazardous atmospheres. In many
requirements of the applicable OSHA specified in paragraph (e)(2) of this instances the employer will have little
standards (for example, 29 CFR Part proposed section (Entry supervisor or no past experience with the
1926 subpart X for ladders and requirements) before assigning the particular PRCS, and will lack reliable
stairways, 29 CFR Part 1926 subpart L applicable duties, nor would they have historical data on hazard levels. Also,
for scaffolds). This equipment is critical to document information already the PRCS may be altered as construction
under emergency-egress conditions to required under paragraph (a) of work progresses in ways that may cause
ensure that employees exit a PRCS in a proposed § 1926.1214. (See the sample unexpected increases in hazard levels.
timely and safe manner. entry permit in Appendix B of this For example, changes to the wall of a
Paragraph (j)(5). The employer would proposed standard for an example of the PRCS may allow hazardous gasses to
be required to provide rescue and type of information that may be required enter the space at higher levels than
emergency equipment that complies under this proposed provision.) before the wall was altered.
with proposed § 1926.1213 (PRCS— In addition, construction equipment
rescue criteria), unless an entry rescue The information provided in the entry in the space may not operate as
service provides its own rescue and permit under this proposed paragraph expected and may discharge hazardous
emergency equipment. This proposed would help the entry supervisor ensure gasses at a higher rate than anticipated.
paragraph would ensure that the proper that all required safety steps are In short, construction work tends to
equipment is provided for rescuing complete before authorizing entry into follow a less predictable course than
authorized entrants in the event of an the PRCS. Furthermore, including this work covered by the general industry
emergency in a PRCS. information in the entry permit provides standard and, thus, requires
Paragraph (j)(6). The employer would a ready reference for questions that may atmospheric monitoring more
be required to provide any other arise from authorized entrants and their frequently. Because of this high level of
equipment necessary for the safe rescue authorized representative about whether unpredictability, OSHA believes that
of employees working in or near a conditions in or around the PRCS continuous monitoring will normally be
PRCS. OSHA believes this proposed deviate from planned conditions and, if needed to ensure that affected
requirement would address hazards that so, for the entrants to initiate an employees, especially the entrants, are
are unique to a PRCS rescue, thereby evacuation of the PRCS. protected. This proposed provision
would enable deteriorating conditions specified in the entry permit. By working as planned. In such
to be recognized quickly and new requiring the employer to have an circumstances, removal from the space
atmospheric hazards identified in time individual on site with this authority, is necessary to protect the employees.
to take the actions required to protect the likelihood that the required Paragraph (d)(3)(i)(C). The employer
the employees. monitoring and adherence to planned would be required to ensure that the
The Agency recognizes, however, that conditions will be met, which is critical entry supervisor orders authorized
in some PRCSs, especially when the to the successful implementation of safe entrants to exit the PRCS when an
same PRCS has been repeatedly entered PRCS procedures, would be enhanced. evacuation alarm, if used, indicates an
and monitored and found to have a Paragraph (d)(2). The employer would emergency. These alarms may be
stable atmosphere (such as a remote be required to ensure that the entry atmospheric or engulfment-hazard
location that is not proximate to supervisor removes individuals who are monitor alarms or alarms manually
potential sources of atmospheric not authorized entrants who enter or activated by an authorized entrant or
hazards), the employer may be able to attempt to enter a PRCS. Unauthorized other employee. This proposed
show that periodic monitoring will be entrants lack the safety training provision would provide protection to
sufficient to ensure that the conditions necessary to work in the PRCS, and entrants by removing them from a PRCS
in the PRCS remain within planned their presence was not planned for in in the event of a warning of impending
conditions. However, when periodic developing the entry permit. Their danger.
monitoring is used, it must be of presence not only poses a danger to Paragraph (d)(3)(i)(D). The employer
sufficient frequency to ensure that themselves, but may also endanger the would be required to ensure that the
atmospheric hazards are being authorized entrants in the space. entry supervisor orders the authorized
controlled as planned and that new Paragraph (d)(3). The provisions of entrants to exit the space when a
hazards would be detected in time to this proposed paragraph identify the situation outside the PRCS occurs that
protect the employees. In some cases, conditions under which employers are could endanger the entrants. OSHA
continuous monitoring may not be to ensure that an entry supervisor recognizes that the work environment
possible; for example, continuous evacuates authorized entrants from a on construction sites often involves
monitoring typically is not available PRCS as quickly as possible. For multiple tasks occurring
when the atmospheric hazard is a example, the employer would be simultaneously, often by different
particulate. Therefore, when the required to ensure that the entry contractors. Sometimes conditions or
employer can show that periodic supervisor orders authorized entrants to activities outside the PRCS can pose a
monitoring is adequate, or demonstrate exit the PRCS when the entry supervisor hazard for employees inside the PRCS.
that the technology for continuous detects (such as by seeing a reading on Some examples are equipment or
monitoring is not available, OSHA a gas monitor) or learns of (such as by materials blocking a PRCS entrance,
would permit the employer to use hearing a warning from an employee) dangerous approaching storms, and
effective periodic monitoring instead of one of the conditions listed in paragraph exhaust from vehicles or generators.
continuous monitoring. (d)(3)(i) of this proposed section. OSHA Another example that would trigger this
Paragraph (c). This proposed believes that each of these conditions proposed requirement would be a
paragraph specifies that the employer represents potential precursors to spilling of a toxic chemical outside the
must document the procedures used, serious safety hazards that threaten the PRCS where there is a possibility that
and the monitoring results obtained, health and well being of employees the chemical or its gasses could migrate
under paragraphs (a) and (b) of this working in and near the PRCS. into the PRCS.
proposed section by entering this Paragraph (d)(3)(i)(A). The employer Paragraph (d)(3)(ii). The employer
information in the entry permit in would be required to ensure that the would be required to ensure that the
accordance with paragraph (a) of entry supervisor orders authorized entry supervisor orders the authorized
proposed § 1926.1214 (Contents). OSHA entrants to exit the PRCS when the entry entrants to exit the space if the entry
believes that it is important that the supervisor detects or learns of an supervisor can no longer perform
entry supervisor have before him/her unplanned condition (for example, a effectively and safely all of the duties
readily available evidence that pre-entry new hazard or a hazard level that specified by paragraph (e)(2) of
conditions have been checked and the exceeds the planned level) in or near the proposed § 1926.1210 (Entry supervisor
results of the tests noted. Additionally, PRCS. Employees need to be removed requirements), and no new entry
the authorized entrants will be able to from the PRCS as quickly as possible in supervisor was immediately available to
check the permit to confirm that testing such cases because the safety serve as a replacement. OSHA believes
has been done and that safe conditions procedures delineated in the permit are this proposed requirement is necessary
exist. The entrants and attendants designed to work in the context of because of the importance of the entry
would have this information readily conditions in the space staying within supervisor in implementing safe entry
available to facilitate identifying when the planned parameters. procedures.
current conditions in or near the Paragraph (d)(3)(i)(B). The employer Paragraph (d)(4). Under this proposed
confined space begin to deviate from would be required to ensure that the paragraph, employers must ensure that
pre-entry conditions and take entry supervisor orders the PRCS the entry supervisor cancels the entry
appropriate precautions. evacuated if he/she detects or learns of permit under the three specified
Paragraph (d). This proposed a sign, symptom, unusual behavior, or circumstances. Nothing in this proposed
paragraph specifies the duties of the other effect of a hazard in authorized standard precludes an entry supervisor
entry supervisor that the employer entrants. OSHA believes that these from being given authority to cancel
would have to ensure are met while effects may indicate that conditions permits for additional reasons not
employees are in the PRCS. within the PRCS are deviating from the specified by this proposed paragraph.
Paragraph (d)(1). The entry supervisor conditions specified in the entry permit. However, under this proposed
would have the duty of ensuring that Such indications may result from a new provision, if any of these three
entry conditions are being properly hazard, a hazard level that exceeds circumstances occurs, then the
monitored and that they remain planned levels, or from personal employer must ensure that the entry
consistent with the planned conditions protective equipment that is not supervisor cancels the entry permit.
If an evacuation is required under continuity of safety can be better also is prohibited from entering for
paragraph (d)(3) of proposed maintained. rescue purposes unless all of the
§ 1926.1211 (Evacuation), or any of the Paragraph (e)(3). The employer would following occur: He/she is relieved of
conditions that require a reassessment be required to ensure that the new entry his/her assignment as an attendant and
under paragraph (b) of proposed supervisor also signs the entry permit. replaced by another attendant, and has
§ 1926.1207 occurs, the entry supervisor The purpose of this proposed been trained and equipped to perform
would be required to cancel the entry requirement is to distinguish the current an entry rescue in accordance with
permit. This proposed requirement is entry supervisor on the job site from the proposed § 1926.1213 (PRCS—rescue
necessary because if either of these individual he/she has replaced. Because criteria).
circumstances arises, safe operations the entry supervisor may need to be Note that, under this proposed
cannot be assured until the entry summoned in time of emergency, it is a provision, an attendant must remain
conditions and entry procedures are benefit to have information about the outside the PRCS and therefore is
reassessed. It also is necessary to cancel conditions of the PRCS, and the persons prohibited from simultaneously serving
the entry permit once the entry responsible for safe entry into the space, as an attendant and authorized entrant.
operations covered by the entry permit available in one place. In addition, the This prohibition is needed because the
have been completed because, at the signature requirement underscores to two functions are incompatible. The
completion of those operations, the employer and the entry supervisor attendant must be outside the space at
conditions in the space may have the importance of his/her determination all times so that, if an unsafe condition
changed. Safe re-entry would, therefore, that the prerequisites for safe entry arises in the space, the attendant will
necessitate a new permit. listed in the permit are being met. not be affected by that condition. As the
Paragraph (e). In the event that Paragraph (f). The provisions of this key link in arranging for the rescue of
supervisor duties are transferred from proposed paragraph list the duties an the entrants, it is critical that the
one entry supervisor to another entry attendant must perform to maintain a attendant not be affected by those
supervisor, the employer would be safe work environment in the PRCS conditions.
required to ensure that the new entry while any authorized entrant is in a Paragraph (f)(4). The employer would
supervisor meets the requirements PRCS. be required to ensure that an attendant
specified for entry supervisors before Paragraph (f)(1). The employer would monitors entry conditions to determine
assuming these duties. OSHA be required to ensure that each if they are consistent with the entry
recognizes that entry supervisors will attendant continuously maintains an permit. Given the speed with which
need to be replaced occasionally for accurate count of the authorized some PRCS hazards can incapacitate
various reasons (for example, shift entrants who are in the PRCS. A and kill authorized entrants, it is
changes, lunch breaks, and regular continuously accurate count is essential that the attendant recognize
rotations to other tasks at the job site). necessary because, in the event of an any changes in entry conditions that
This proposed requirement is necessary evacuation, it would be needed to would indicate that the PRCS must be
to ensure that the new entry supervisor ascertain if all of the entrants have evacuated. OSHA believes that the
has the requisite knowledge and exited the space. earlier the attendant detects changes in
authority to assume this role. Paragraph (f)(2). The employer would entry conditions, the more probable that
Paragraph (e)(1). The employer would be required to ensure that the attendant self-rescue of the entrants can be
be required to ensure that a new entry has the means to accurately identify achieved in lieu of performing other
supervisor meets the requirements authorized entrants who are in the rescue procedures. Monitoring the
specified in paragraph (e)(2) of proposed PRCS; paragraph (a)(2)(ii) of proposed conditions within the PRCS is a critical
§ 1926.1210 (Entry supervisor § 1926.1214 (Personnel, equipment, and element in such a system.
requirements). In such cases, it is procedures) provides information Paragraph (f)(5). The employer would
imperative that the replacement regarding methods that employers may be required to ensure that the attendant
supervisor have the requisite knowledge use to meet this proposed requirement. communicates with authorized entrants
and authority for serving as the entry The Agency believes that this proposed as necessary to monitor their status and
supervisor. requirement is necessary because in to alert them of the need to evacuate the
Paragraph (e)(2). The employer would some instances, in the event of an PRCS as specified below in paragraph
be required to ensure that the new entry evacuation in which not all authorized (g)(2) of proposed § 1926.1211. OSHA
supervisor reviews the entry permit and entrants exit the space, having the believes that an authorized entrant’s
verifies that entry conditions are names of the authorized entrants can communication with the attendant
consistent with the planned conditions help in determining the location of the provides information that the attendant
specified in the entry permit. OSHA employees who remain in the PRCS, needs to determine if the entry can be
believes that it is important for a new thereby assisting in their rescue. allowed to continue. For example,
entry supervisor to review the entry Paragraph (f)(3). The employer would subtle behavioral changes detected in
permit and determine whether the be required to ensure that an attendant the entrant’s speech or deviation from
planned entry conditions have been remains at a location outside of the set communication procedures could
maintained, just as it was important for PRCS that allows the attendant to fully alert the attendant that it is necessary to
the original entry supervisor to do so perform the duties and responsibilities evacuate or rescue the entrant. In
upon initial entry into the space. specified in this proposed section, and addition, if the need arises, the
Furthermore, by reviewing the permit does so until properly relieved by attendant must communicate an order to
the new entry supervisor will become another attendant. Accordingly, the evacuate to the entrants since the
familiar with the current entry attendant would be prohibited from entrants may not know that there is an
conditions and check for consistency entering the PRCS while performing emergency.
with the planned entry conditions attendant duties. The reasons for Paragraph (f)(6). The employer would
specified in the permit. By ensuring that prohibiting the attendant from entering be required to ensure that the attendant
each entry supervisor verifies entry the space were explained above with monitors activities inside and outside
conditions immediately upon taking respect to paragraph (f) of proposed the PRCS to determine if the PRCS
responsibility for the PRCS, the overall § 1926.1210 (Attendant). The attendant remains safe for authorized entrants.
This proposed requirement is similar to another attendant. Only when the to notify the controlling contractor and
paragraph (f)(4) of proposed relieved attendant is equipped and the employees the employer anticipates
§ 1926.1211, except the focus is on trained to perform a rescue in will be working in or near the PRCS,
activities that may adversely influence accordance with this proposed standard and their authorized representatives,
conditions in the PRCS. As explained would that person be permitted to enter about the location of and dangers posed
below regarding paragraph (f)(12)(i)(D) the PRCS for a rescue. by the space. However, if someone other
of proposed § 1926.1211, activities OSHA believes that these than an authorized entrant happens to
outside the space may pose dangers to requirements are necessary to prevent approach the PRCS, OSHA believes it is
the authorized entrants in the PRCS. multiple fatalities occurring when an necessary to have the attendant make
Typically, the authorized entrants will untrained and unequipped attendant that individual aware that he/she must
not be able to see or hear what is going discovers that a co-worker has been stay away from the PRCS.
on outside the PRCS, and will be incapacitated inside a PRCS and enters Because an attendant may not have
preoccupied with their tasks in the the PRCS to rescue the victim, only to supervisory authority, or because the
space. Also, the authorized entrants may also become incapacitated. Proper errant individual may work for another
not be aware of adverse effects of training and equipment, as well as an contractor at a multi-employer
activities that are taking place inside the attendant outside the space, are construction site, an attendant may not
space. Consequently, the attendant prerequisites for safely rescuing, and have the authority to stop unauthorized
needs to have a high level of awareness rendering appropriate medical individuals from entering the PRCS or
about how activities occurring inside assistance to, the injured or require them to exit once they are
and outside the space may affect the incapacitated authorized entrant. inside. Therefore, the proposed
authorized entrants. Paragraph (f)(10). The employer provision would require the attendant to
Paragraph (f)(7). The employer would would be required to prohibit the notify the entry supervisor, along with
be required to ensure that the attendant attendant from performing any task that the authorized entrants, of this
informs the employer when a non-entry would interfere with the primary duty situation.
or entry rescue begins, or when an of monitoring and protecting the Paragraph (f)(12). The employer
authorized entrant may need medical authorized entrants. The Agency would be required to ensure that the
aid or assistance in escaping from the believes that authorized entrants will be attendant orders the authorized entrants
PRCS. Initiation of a rescue, or a belief endangered if the attendant is distracted to exit the space as quickly as possible
by the attendant that there may be a from these duties. If an attendant when any of the conditions listed in
need for medical assistance or performs a task that diverts his/her provisions (f)(12)(i) or (f)(12)(ii) of this
assistance in escaping the PRCS, signals attention from the attendant duties, an proposed paragraph exist. This
a serious incident in which additional emergency condition inside or outside responsibility mirrors the requirements
help may be needed. That information the space could go undetected until it is for entry supervisors specified in
needs to be conveyed to the employer so too late. OSHA also recognizes that paragraph (d)(3) of proposed
that arrangements for such additional some tasks, particularly those that § 1926.1211 (Evacuation).
help, if necessary, can be facilitated. It enhance the attendant’s knowledge of Paragraph (g). Under the provisions of
also informs the employer that the PRCS conditions in the permit space, can be this proposed paragraph, the employer
may need to be reassessed before performed safely by the attendant. For must ensure that authorized entrants
additional work can take place inside example, passing tools to authorized perform specific duties that will ensure
the space. entrants and remote monitoring of the their safety during entry operations, or
Paragraph (f)(8). This proposed atmosphere of the PRCS are among the during evacuation or rescue from the
provision would require employers to types of duties that would be permitted, PRCS. These duties include using
ensure that the attendant performs non- provided that the attendant does not retrieval equipment properly,
entry rescues as specified below by enter the PRCS. Activities requiring communicating regularly with the
paragraph (h)(1) of this proposed section close and/or prolonged concentration, attendant for monitoring purposes,
and by paragraph (a) of proposed or those requiring that the attendant be informing the attendant of the effects of
§ 1926.1213 (Non-entry rescue criteria). away from his/her post outside the a hazard, and knowing the conditions
When properly executed, the attendant’s PRCS, would likely interfere with requiring evacuation from the PRCS.
performance of non-entry rescue can be attendant duties and, thus, could Paragraph (g)(1). The employer would
the fastest and most effective means of generally not be assigned to or be required to ensure that the
successfully rescuing an entrant, while performed by an attendant. authorized entrant properly uses the
preventing injuries and deaths that may Paragraph (f)(11). The employer retrieval equipment as required in
result from improperly executed entry would be required to ensure that an paragraphs (a)(1) through (a)(3) of
rescue operations. attendant warns any individual who is proposed § 1926.1213. OSHA believes
Paragraph (f)(9). The employer would not an authorized entrant and that proper use of such equipment is
be required to prohibit the attendant approaches the PRCS to stay away from essential for preventing a rescue attempt
from entering the PRCS for rescue the PRCS. If a person enters the space itself from harming the incapacitated
purposes unless the employer provides who is not an authorized entrant, the authorized entrant. An example of how
the appropriate training and equipment attendant must tell the individual to exit many employers meet this obligation is
specified below in paragraph (c) of the space immediately and inform the through the implementation of safe
proposed § 1926.1213 (Protecting and entrants and entry supervisor of the work practices, and effective
training rescue-service employees), and unauthorized entry. OSHA recognizes enforcement of those practices.
ensures that another attendant properly that there are individuals who may Paragraph (g)(2). The employer would
relieves the attendant prior to mistakenly believe that they are be required to ensure that the
performing the entry rescue. As supposed to work on a task in the space authorized entrant communicates with
discussed above in paragraph (f)(3) of or who may simply wander by or into the attendant as necessary to help the
proposed § 1926.1211, the attendant the space unaware of the dangers of the attendant effectively monitor the
must remain outside of the PRCS during PRCS. Paragraph (a)(1) of proposed authorized entrant’s status and, if
a rescue operation until relieved by § 1926.1209 would require the employer necessary, so that the entrant can be told
to evacuate the PRCS according to Paragraph (g)(4)(ii). This proposed without assistance. In many cases entry
paragraph (f)(5) of this proposed section. provision lists the three conditions rescue would take longer than non-entry
OSHA believes that the authorized under which an employer would be rescue. This provision is necessary to
entrant’s communication with the required to ensure that an authorized ensure that the authorized entrants are
attendant provides information that the entrant evacuates the PRCS. These rescued as soon as possible to maximize
attendant needs to know to determine conditions mirror the conditions under their chance of survival and limiting
whether there is a need to evacuate the which an entry supervisor or attendant their injuries, as well as minimizing risk
PRCS. must order the entrants to exit the space of injury to the rescue-service
Paragraph (g)(3). The employer would specified above by paragraphs employees.
be required to ensure that each (d)(3)(i)(A) through (d)(3)(i)(C) and Paragraph (h)(1)(iii). This proposed
authorized entrant informs the attendant (f)(12)(i)(A) through (f)(12)(i)(C) of this provision would prohibit the initiation
of any sign, symptom, unusual behavior, proposed section. OSHA discussed the of a non-entry rescue if doing so would
or other effect of a hazard. In some rationale for these conditions previously present a greater hazard to the employee
instances, a properly trained authorized in this preamble under paragraphs than sole reliance on entry rescue (for
entrant may be able to recognize and (d)(3)(i)(A) through (d)(3)(i)(C) of this example, where the configuration of the
report his/her own symptoms, such as proposed section. space would cause the retrieval lines to
headache, dizziness, or slurred speech, Paragraph (h). The provisions of this not work or result in greater injury to
and take the required action. In other proposed paragraph specify the the employee than injury from waiting
cases, the authorized entrant, once the requirements for non-entry and entry for entry rescue). This proposed
effects begin, will be unable to recognize rescue. provision acknowledges that there are
or report them. In cases in which other, Paragraph (h)(1). This proposed specific situations where non-entry
unimpaired, authorized entrants are in paragraph sets forth the requirements rescue would not be appropriate; it is
the PRCS, this proposed provision for non-entry rescue. aimed at preventing additional injuries
Paragraph (h)(1)(i). According to this or fatalities to an authorized entrant
would require employers to ensure that
proposed provision, the employer must caused by use of non-entry equipment
these authorized entrants are properly
make available procedures and and methods that are incompatible with
trained to recognize signs, symptoms,
equipment for non-entry rescue that the conditions of the PRCS.
and other hazard-exposure effects in meet the requirements of paragraph (a) Paragraph (h)(2). This proposed
other authorized entrants, and report of proposed § 1926.1213 during the paragraph specifies the following four
these effects to the attendant. period when authorized entrants are in situations in which employers would
Paragraph (g)(4). Under this proposed the PRCS. OSHA believes that have to immediately summon an entry
paragraph, employers would be required compliance with the rescue rescue service: (1) A non-entry rescue is
to ensure that authorized entrants requirements in paragraph (a) of initiated; (2) there is a need to evacuate
evacuate the space as quickly as proposed § 1926.1213 would enable an pursuant to paragraphs (d)(3), (f)(12), or
possible when any of the conditions employer to extricate authorized (g)(4) of proposed § 1926.1211, and the
described below in proposed paragraphs entrants in a timely manner from PRCSs employee is unable to evacuate without
(g)(4)(i) and (g)(4)(ii) are present. when uncontrolled hazards arise, assistance; (3) there is a reasonable
Paragraph (g)(4)(i). The employer thereby preventing the adverse probability that an employee may need
would be required to ensure that each consequences of exposure to these immediate medical aid and is unable to
authorized entrant exits the PRCS as hazards. exit the PRCS without assistance; or (4)
quickly as possible when the entry The Agency recognizes that an if a non-entry rescue is prohibited as
supervisor or the attendant orders the employer who complies fully with this specified in paragraph (h)(1)(iii) of this
authorized entrant to evacuate the proposed standard may never need to proposed section.
space. (Entry supervisors and attendants rescue an authorized entrant. However, In the first situation, a non-entry
would have authority to order even with full compliance, problems rescue may not be successful—that is,
authorized entrants to evacuate the could arise during entry operations for unforeseen reasons, the attendant
PRCS under paragraphs (d)(3) and resulting in a situation where employees may not be able to get the authorized
(f)(12) of this proposed section, are unprotected. Such extraordinary entrant out quickly, or at all. To prevent
respectively.) It is essential that the circumstances could subject an such a situation from resulting in injury
authorized entrants understand the employee to hazards within the PRCS or death, it is necessary that an entry
urgency of compliance with the without warning, and leave the rescue service already be in the process
command to evacuate, particularly employee incapacitated. OSHA believes of responding to the emergency.
because the attendant or entry it is necessary to require employers to Summoning the entry rescue service at
supervisor may be aware of a hazard provide this critical non-entry rescue the same time that the non-entry rescue
that the authorized entrant does not function for employees who work in is initiated minimizes the likelihood of
detect on his/her own. Even when there PRCSs. additional injuries or death.
is disagreement between the entry Paragraph (h)(1)(ii). This proposed If an employer fails to initiate a non-
supervisor and attendant as to whether paragraph would require that, unless the entry rescue as required by paragraph
to evacuate, the authorized entrant conditions specified in paragraph (h)(1)(ii)(A) and (h)(1)(ii)(B) of this
would be required under this proposed (h)(1)(iii) of this proposed section are proposed section, under the second and
provision to evacuate if either the entry present, the employer must initiate a third situations, they must still summon
supervisor or the attendant orders the non-entry rescue if there is either a need an entry rescue service when: there is a
entrants to do so. OSHA believes that to evacuate the PRCS pursuant to need to evacuate the PRCS pursuant to
this proposed provision is necessary paragraphs (d)(3), (f)(12), or (g)(4) of paragraphs (d)(3), (f)(12), or (g)(4) of
because emergencies within a confined proposed § 1926.1211 and the employee proposed § 1926.1211, and the
space are time-sensitive, and the entry is unable to evacuate without assistance; employee is unable to evacuate without
supervisor and attendant may have or a reasonable probability exists that an assistance; or a reasonable probability
differing information as to the types of employee may need immediate medical exists that an employee may need
the hazards within the PRCS. aid and is unable to exit the PRCS immediate medical aid and is unable to
exit the PRCS without assistance. This accordance with paragraph (a) of proposed requirement is an important
proposed provision emphasizes an proposed § 1926.1210 (Entry permit) element of a preplanned rescue since it
employer’s continuing responsibility to before allowing further work in the would eliminate further risk of injury
ensure that employees are rescued from PRCS. In addition, the employer must and death resulting from time consumed
a PRCS when necessary. keep all cancelled entry permits in in locating a retrieval system and
In the event that an authorized entrant accordance with the requirements bringing it to the PRCS.
needs to be rescued but the employer is proposed below in paragraph (b) of Paragraph (a)(2)(ii). The retrieval
precluded from initiating a non-entry proposed § 1926.1219 (Retaining entry system used would have to be designed
rescue under paragraph (h)(1)(iii) of thispermits). Requiring the entry supervisor and manufactured for personnel
proposed section, the fourth situation to terminate the entry permit under the retrieval. This proposed provision also
would require the employer to summon specified conditions ensures that the allows for the use of job-made hoisting
the entry rescue service because it is theemployees will exit the space in systems if these systems are approved
only means of rescuing the authorized accordance with planned conditions or for personnel hoisting by a registered
entrant. to avoid encountering hazards arising professional engineer prior to use in
PRCS entry operations. However,
Section 1926.1212—PRCS—Terminating from unplanned conditions within the
PRCS. commercial hoisting systems not
Entry
This proposed paragraph also designed and manufactured specifically
This proposed section specifies what, contains a note stating that no for personnel hoisting would not be
at a minimum, needs to be done at the employees can reenter the space until permissible under this proposed
completion of work within a PRCS to the employer: identifies the physical provision because OSHA believes they
ensure a safe termination of entry. and atmospheric hazards in accordance cannot be used safely for this purpose.
Paragraph (a). The requirements with paragraph (b) of proposed This proposed requirement would
described in this proposed paragraph § 1926.1204; follows the classification eliminate further injuries and deaths of
cover procedures for terminating entry procedures specified by proposed employees which could occur from the
into a PRCS under both planned and § 1926.1206 (Classification and use of retrieval equipment that was not
emergency conditions. Before entry, an precautions); and meets the accident- designed specifically for personnel
employer must have in place procedures prevention and -protection requirements retrieval. The provision would give the
for safely terminating entry into the applicable to the space classification employer flexibility in its choice of
PRCS. Paragraph (f) of proposed selected by the employer. This note retrieval system by allowing a registered
§ 1926.1209 (Safe termination serves to remind employers that it is professional engineer to approve a job-
procedures) requires that this procedure necessary to ensure that the spaces are made system. OSHA believes that either
be developed before entry into the correctly assessed and that employees option would ensure that the retrieval
PRCS. The employer must implement receive appropriate protection prior to system will meet the design
these procedures when warranted by reentering the space. specifications needed to operate safely
either planned or emergency conditions. during a non-entry rescue as required by
The safe termination of entry operations Section 1926.1213—PRCS—Rescue this proposed standard.
includes preventing any further entry Criteria Paragraph (a)(2)(iii). The employer
into the PRCS by employees (except for Paragraph (a). This proposed would be required to provide a retrieval
entry rescue services), and, when paragraph would require the employer system that the attendant or other rescue
required, the safe evacuation of to ensure that the training, equipment, service can operate effectively. This
employees in the affected PRCS. This and procedures specified for a safe non- proposed provision would eliminate
proposed provision is necessary to entry rescue are fulfilled. OSHA employee injuries and deaths by
ensure that employees are not harmed believes that meeting these criteria ensuring that the retrieval system is
in the process of terminating the entry. would decrease the risk that an usable and effective. For example, this
For example, it may be necessary for incapacitated entrant would sustain an proposed provision would prohibit a
certain construction operations and injury or be killed as a result of the system that requires too much strength
tools near an entrance/exit to be stopped rescue. or stamina to operate, such as a hand-
and secured before employees begin to Paragraph (a)(1). This proposed cranked winch with insufficient gearing.
exit. paragraph would require the employer The system must also be effective; for
Paragraph (b). This proposed to ensure that attendants and other example, if a particular system pulled at
provision specifies that the employer employees designated to perform non- such a slow a rate that an entrant could
must ensure that a PRCS entry entry rescue acquire the knowledge and not be retrieved in time to prevent
supervisor terminates the entry and skills necessary for the safe performance further injury, it would violate this
cancels the permit when the entry of non-entry rescue. This proposed proposed provision.
operation covered by the permit has requirement is necessary to ensure that Paragraph (a)(2)(iv). The employer
been completed in the designated PRCS, these employees perform non-entry would be required to ensure that the
upon expiration of the entry permit, rescue safely and effectively. retrieval system includes the use of a
completion of entry operations covered Paragraph (a)(2). This proposed chest or full-body harness and a
by the permit, any of the indications paragraph lists minimum criteria for a retrieval line. OSHA believes that it is
that require a reassessment under retrieval system that OSHA believes are necessary for such a device to be used
paragraph (b) of proposed § 1926.1207, essential for ensuring the safe non-entry as part of the retrieval system to prevent
or evacuation required under paragraph retrieval of employees during an employees from suffering further
(d)(3) of proposed § 1926.12ll, emergency. The criteria are listed below injuries during a rescue that result from
whichever occurs first. When the time in proposed paragraphs (a)(2)(i) through unequal distribution of force on the
limit specified by the entry permit (a)(2)(iv). body. This proposed requirement would
expires, even when work remains to be Paragraph (a)(2)(i). The retrieval be consistent with the requirements
performed in the PRCS, the entry system would be required to be specified for fall-protection systems in
supervisor must terminate entry, cancel available as soon as needed by the 29 CFR 1926.502 (Fall protection
the permit, and re-issue a new permit in attendant or other rescue service. This systems criteria and practices) of 29 CFR
Part 1926 subpart M (Fall Protection). ensure that the equipment is not moved are also a variety of situations where the
OSHA believes that when an employee while serving as an anchor point. configuration of the PRCS would inhibit
must be suspended, even during a Paragraph (a)(3). For retrievals a non-entry rescue and cause further
rescue, a chest or full-body harness is involving vertical distances over five serious injury to authorized entrants in
needed to prevent further injury to the feet (1.52 m), a mechanical retrieval need of rescue. For example, the PRCS
employee. device would be required to be provided may have objects or equipment
Paragraph (a)(2)(iv)(A). The employer and used. This device must not be used protruding from its walls or sharp
would be required to have one end of for entry into the PRCS unless it is corners that may damage rescue
the retrieval line attached to the chest or designed for that purpose. OSHA equipment or inhibit the use of certain
full-body harness in a manner that believes that securing the line to an types of non-entry rescue equipment.
allows the attendant or other rescue anchor point or using a simple pulley Paragraph (a)(4)(iii). Wristlets or ankle
service to remove the entrant from the for this purpose could endanger the straps would be prohibited from being
PRCS without causing further injury. authorized entrant because most used as attachment points for retrieval
This proposed provision is similar to attendants do not have sufficient lines, unless the employer can
paragraph (k)(3)(i) of the general strength and stamina to lift a disabled demonstrate that: the use of a harness is
industry standard for confined spaces in entrant over a vertical distance of more infeasible or creates a greater hazard for
that the proposed provision allows some than five feet. Therefore, the proposed safe rescue than wristlets or ankle
flexibility in how the retrieval line must requirement would ensure that the straps; and wristlets or ankle straps are
be connected to the chest or full-body attendant or other rescue personnel be the safest alternative available. The
harness of the employee in need of assisted by a mechanical device so that Agency believes that this proposed
rescue. OSHA believes that requiring the entrant can be successfully requirement is necessary due to an
the retrieval line to be attached at the extracted. The Agency considered that increased risk of an employee being
center of the entrant’s back near there will often be difficulties in setting injured during a rescue when the
shoulder level, or above an entrant’s up such equipment due to the general retrieval lines are attached to wristlets
head, is too limiting. For example, lack of room to position the equipment or ankle straps as compared with being
extracting an employer from the above the entry point of a PRCS, as well attached to a harness.
confined space head first during a as the need to keep that entry clear for Paragraph (a)(5). The employer would
horizontal retrieval could cause more the attendant to observe the authorized be required to ensure that the employees
injuries to the employee. Accordingly, entrants while they are working. designated to perform non-entry rescue
this proposed provision does not limit Nevertheless, OSHA believes that the (including attendants, if applicable)
the methods utilized by the employer to mechanical device is critical for entrant have access to the PRCS the authorized
safely rescue employees who perform rescues involving these vertical spaces. entrant will enter or to a Simulated
construction work in various PRCS However, powered winches, overhead PRCS, to develop appropriate rescue
configurations. Therefore, OSHA cranes, fork trucks, and similar devices plans and practice rescue operations
proposes a performance-based provision are not appropriate for this purpose prior to beginning entry operations.
that it believes would maintain the level because they may harm attendants (for OSHA believes a rescue service needs to
of required employee protection while example, impale them, damage limbs). know the location, configuration, and
allowing employers flexibility in Paragraph (a)(4). This proposed other relevant aspects of a PRCS to
choosing effective retrieval systems. paragraph would clarify the types of develop and practice effective rescue
Paragraph (a)(2)(iv)(B). The employer equipment that are unsuitable and procedures.
would be required to have the other end prohibited for use in a PRCS retrieval Paragraph (b). The employer would be
of the retrieval line attached to a system. OSHA believes that by required to ensure that specified
mechanical retrieval device or fixed providing this information, injuries and minimum requirements must be met by
anchor point outside the PRCS in a deaths that result from the use of the entry rescue service so that it can
manner that allows rescue to begin as unsuitable retrieval equipment during effectively perform entry rescues. The
soon as the attendant or other rescue rescue operations would be reduced. provision also specifies information the
service detects or learns of the need for Descriptions of unsuitable retrieval employer would be required to provide
rescue. Movable equipment (for equipment are provided below in to the entry rescue service before an
example, earth-moving equipment), that paragraphs (a)(4)(i) through (a)(4)(iii). entry rescue is made. In short, the
is sufficiently heavy to serve as an Paragraph (a)(4)(i). The use of employer must make sure that,
anchor point, may be used for this equipment that increases the overall risk whichever rescue service is used, it has
purpose only if effectively locked out or of entry or impedes rescue of an the necessary rescue capabilities.
tagged out. This proposed provision authorized entrant would be prohibited. Paragraph (b)(1). This proposed
would minimize the elapsed time This proposed provision would paragraph contains requirements that
between an attendant determining that a eliminate injuries and deaths that would would ensure that the entry rescue
rescue is needed and commencing the occur when such equipment is used for service can effectively perform entry-
PRCS rescue operation by requiring the rescue. rescue tasks in the PRCS. OSHA notes
essential parts of the retrieval system to Paragraph (a)(4)(ii). The use of that during the rulemaking for the
already be in place and attached. This retrieval lines that have a reasonable general industry confined-spaces
proposed requirement would eliminate probability of becoming entangled with standard, a question was raised as to
further injury or death due to the delay the retrieval lines used by other whether an entry rescue service is
resulting from locating and attaching authorized entrants, or due to the limited to off-site rescue teams. The
retrieval system parts and equipment. internal configuration of the PRCS, Agency made clear in that rulemaking
While the provision would allow the would be prohibited. The Agency that an employer could use an onsite
use of suitably heavy moveable believes that there are situations where team as long as all the criteria outlined
equipment (such as earthmoving the retrieval lines of two or more in the standard were met. That rationale
equipment) to serve as an anchor point, employees can get entangled, such as is equally applicable to this proposed
it would require that such equipment be where the employees’ work necessitates rule. Consequently, the term ‘‘rescue
effectively locked out or tagged out to them moving around each other. There service’’ in this proposed standard does
not exclude the use of an onsite entry and equipment requirements, the requirement in paragraph (c)(4) of this
rescue service. employer will eliminate employee proposed section, there would be
Paragraph (b)(1)(i). Under this injuries and deaths that could result sufficient first-aid and CPR capability at
proposed provision, in evaluating the from a lack of proficiency in the a rescue scene. This proposed provision
entry rescue service, the employer implementation of rescue procedures is identical to paragraph (k)(1)(iv) of the
would be required to determine that the and the use of related rescue equipment. general industry confined-spaces
entry rescue service can respond to a These training and equipment standard, and also meets the
rescue summons in a timely manner. requirements are described below in requirements for first-aid services
The provision defines timeliness as a paragraphs (c)(1) through (c)(6)(ii) specified by 29 CFR 1926.50(c).
function of how quickly an entry rescue Paragraph (c)(1). The employer would Paragraph (c)(6). Under this proposed
service needs to reach an employee to be required to provide its rescue-service paragraph, employers would be required
prevent further serious physical harm employees with the personal protective to ensure that the rescue-service
that may result from hazards in the equipment (PPE) and rescue equipment employees practice rescue operations at
PRCS while waiting to be rescued. necessary for them to enter and safely least once prior to the beginning of entry
Paragraph (b)(1)(ii). Prior to using an perform PRCS rescue operations. OSHA operations and at least once every 12
entry rescue service for entry-rescue believes the provisions in the proposed months thereafter. OSHA believes this
purposes, an employer would be paragraph will help the employer training requirement for entry rescue-
required to provide the entry rescue prevent injuries and deaths that could service employees is necessary to
service with access to the PRCS the occur without the appropriate PPE and maintain proficiency in entry-rescue
authorized entrants will enter, or to a equipment needed to safely perform procedures and rescue equipment use.
Simulated PRCS that is representative of PRCS entry rescues. This training would also ensure that the
the particular PRCS. OSHA believes that Paragraph (c)(2). The employer would entry rescue-service employees are
this proposed provision will allow the be required to train its rescue-service trained on all revisions to entry-rescue
entry rescue service to become familiar employees in the proper use of the PPE procedures and are cognizant of any
with the configuration and features of and rescue equipment required in other new information regarding entry
the PRCS to which the employer may paragraph (c)(1) of this proposed rescue.
summon it to perform rescue operations, section. Training regarding the proper In a related requirement, proposed
and thereby develop appropriate rescue use of rescue equipment would include § 1926.1213(b) specifies that employers
plans and practice rescue operations. the care and inspection of breathing and must ensure that an entry rescue service
Access to the PRCS or a Simulated ventilation gear, as well as emergency- can effectively perform an entry rescue
PRCS during planning and practice evacuation equipment, and the use of in the PRCS that authorized entrants
increases the probability that rescue two-way radios and fire-fighting will enter. Confirming that the entry
operations will proceed more efficiently equipment. OSHA believes that rescue service meets this requirement
and effectively, thereby reducing the requiring employee proficiency in the prior to any authorized entrants entering
probability of serious injury or death to use of necessary PPE and rescue the PRCS provides a means of verifying
authorized entrants during an actual equipment will help the employer that an entry rescue service can
entry-rescue operation. Practicing eliminate injuries and deaths caused by effectively perform a rescue at the
rescues in a PRCS or Simulated PRCS the improper use of such equipment. employer’s worksite.
also highlights deficiencies in rescue Paragraph (c)(3). An employer would Paragraph (c)(6)(i). Employers would
procedures, and allows for revisions of be required to train the members of its be required to ensure that rescue-service
those procedures before they could rescue service to perform any rescue employees practice the removal of
adversely affect the safety of rescue- duties assigned to them. This proposed dummies, mannequins, or people from
service employees and employees in provision would ensure that rescue- a PRCS or from a Simulated PRCS in
need of rescue during an actual rescue service employees can perform their compliance with the requirements of
operation. assigned duties proficiently and safely this proposed standard. By definition,
Paragraph (b)(2). Prior to the entry under hazardous PRCS conditions. Lack Simulated PRCSs must also, with
rescue service entering a PRCS for any of such training would endanger both respect to size, configuration, entrance
purpose, the employer would be the rescue-service employees, as well as openings, and accessibility, conform to
required to inform the entry rescue others affected by the PRCS rescue the types of PRCSs from which actual
service of any physical and atmospheric operations. rescues would be performed. When any
hazards it is likely to confront in the Paragraph (c)(4). The employer would PRCS used for practice contains
PRCS, as well as any other relevant be required to train its rescue-service hazards, even if no other work/tasks are
information known by the employer. employees in basic first-aid and in performed within the PRCS, the
This proposed provision would provide cardiopulmonary resuscitation (CPR). employer must ensure that the PRCS
the entry rescue service with available The Agency believes this proposed requirements of this proposed standard
information about hazards and requirement is necessary because of the are met before any rescue-service
conditions within the confined space so hazards and resultant injuries that may employees enter the PRCS. The Agency
as to protect the rescue-service occur in PRCSs. This proposed believes that this type of practice is
employees who enter the confined space requirement also would improve the necessary to ensure that the entry rescue
for training, entry operations, or any probability that the injured employees service will have the capability to
other purpose. would survive until higher levels of perform an actual rescue in a PRCS.
Paragraph (c). This proposed medical attention become available. Paragraph (c)(6)(ii). Employers would
paragraph would require employers Paragraph (c)(5). Employers would be be required to ensure that the same PPE,
who use their own employees as a required to ensure that at least one of retrieval, and rescue equipment that
rescue service to provide those the rescue-service employees who will be used to perform an actual rescue
employees with the training and participates in the onsite rescue is used for practicing rescues. This
equipment needed to safely perform operations holds current certification in proposed requirement would ensure
entry-rescue operations. OSHA believes first-aid, including CPR. OSHA believes that rescue-service employees’ training
that by meeting these minimum training that, in combination with the is directly applicable to an actual PRCS
rescue operation, thereby minimizing This information is needed to confirm precautions) and paragraph (a) of
confusion and errors that could lead to that the performance of each specific proposed § 1926.1208 (Permit-required
injuries and deaths when performing construction activity has been confined spaces), must include all
actual rescue operations. considered in the hazard assessment of hazards, regardless of whether the
Paragraph (d). This proposed the PRCS. The performance of employer protects the authorized
paragraph would exempt an employer construction activities within the PRCS entrants from the hazards by isolation,
from providing the practice required that have not been evaluated for their control, or personal protective
above in paragraph (c)(6) of this effect on the conditions within the equipment.
proposed section when the rescue- space could result in serious injury or Paragraph (a)(2)(i)(B). Employers
service employees, within the previous death. would be required to state the methods
12 months, properly performed a rescue Paragraph (a)(1)(iii). The employer used to isolate or control hazards, or
operation in a similar or the same PRCS would be required to provide in the used to protect authorized entrants from
the authorized entrants will enter. entry permit the effective date and the the hazards within the PRCS. This
OSHA believes the effective authorized duration of the permit. The information must be consistent with the
performance of such previous PRCS effective date is the date on which requirements specified in paragraph (a)
entry rescues would be at least the authorized entrants may enter the PRCS of proposed § 1926.1208 (Permit-
equivalent of the practice required as specified by other provisions of this required confined spaces) and proposed
under paragraph (c)(6) of this proposed proposed standard. The duration of the § 1926.1210 (PRCS—preparing for
section. In contrast, the unsatisfactory permit may not exceed the time entry), and must include the methods
performance of a rescue operation required to complete the tasks or jobs used to isolate or control the hazards,
during the preceding 12-month period identified above in paragraph (a)(1)(ii) the type of personal protective
(for example, rescue team members of this proposed section, including the equipment provided, the methods used
improperly used rescue equipment) time necessary to set up and dismantle to monitor each hazard (including the
would indicate the need for further any tools or equipment required to use of early-warning systems, if required
practice, and would not meet the perform the tasks or jobs. The employer by proposed § 1926.1215 (Continuous-
requirements of this proposed need not list duration in terms of time, system PRCS)), and how frequently each
exemption. but instead may describe it in terms of hazard is to be monitored. (Note that
the completion of tasks identified in the under paragraph (b) of proposed
Section 1926.1214—PRCS—Entry
permit. For instance, the employer § 1926.1211, monitoring of atmospheric
Permits
could describe the duration as ‘‘welding hazards is required to be continuous
Paragraph (a). The provisions of this and repair of water main’’ or ‘‘upgrading unless the employer demonstrates that
proposed paragraph specify the required equipment in an electrical vault.’’ One periodic monitoring is sufficient.) The
contents of entry permits. Entry permits purpose of this provision is to ensure permit need only refer to the procedures
provide key information about hazards that employees engaged in PRCS used to meet the requirements of this
in the PRCS, the methods used to operations are informed of the period proposed paragraph in sufficient detail
protect employees from those hazards, during which conditions in the PRCS to enable employees to determine what
and specify who is authorized to must meet planned conditions as measures are to be taken and how to
perform work within the PRCS, their specified in the entry permit. A second perform those measures.
duties, and the extent of their authority purpose is to place some reasonable Paragraph (a)(2)(i)(C). Employers
with respect to safety in and around the limit on the duration of the permit, would be required to state in the entry
PRCS. OSHA believes the use of this since a permit of unlimited duration is permit the atmospheric-testing and
administrative tool would be essential not likely to account for changed PRCS -monitoring results obtained in
to the employer in its efforts to ensure conditions. paragraph (b) of proposed § 1926.1204,
that work within a PRCS will be Paragraph (a)(2). The employer would paragraph (a) of proposed § 1926.1211,
completed safely. Making the be required to specify in the entry paragraph (b) of proposed § 1926.1211,
information on this document accessible permit the planned conditions and paragraph (a)(1) of proposed
to employers and employees affected by necessary for safe entry into the PRCS. § 1926.1215. In addition, the employer
the hazards in and around the PRCS This proposed requirement would must include the type and brand of the
also allows them to maintain an ensure that the authorized entrants, equipment used to perform atmospheric
elevated awareness of the conditions attendants, and entry supervisors have testing or monitoring; the names and
within the PRCS, as well as the key information that can be readily signatures or initials of those
equipment and procedures necessary for referenced to confirm that the planned individuals who performed the testing
safe PRCS entry operations. conditions within the PRCS are and monitoring; and the date and time
Paragraph (a)(1). This proposed maintained. (or time period for continuous
provision lists the general-information Paragraph (a)(2)(i). The employer monitoring) they performed each test
requirements for entry permits. would be required to document and conducted monitoring.
Paragraph (a)(1)(i). The employer information on entry permits regarding Entering the testing and monitoring
would be required to ensure that the the physical and atmospheric hazards, results in the permit enables the entry
entry permit contains the identification methods of isolating, eliminating, and/ supervisor, attendants, and authorized
of the PRCS to be entered; the location or controlling these hazards, as well as entrants to determine readily whether
of the PRCS could serve as its hazard monitoring and testing results, planned conditions exist with regard to
identification. This information would and the levels at which hazards are to atmospheric hazards in the PRCS. This
be needed to ensure that the correct be maintained. information could also be used to
permit is used for the PRCS. Paragraph (a)(2)(i)(A). Employers identify atmospheric conditions within
Paragraph (a)(1)(ii). Employers would would be required to identify the the PRCS that need to be monitored
be required to list in the entry permit physical and atmospheric hazards in the frequently because atmospheric
the purpose of the PRCS entry, PRCS in the entry permit. This list, conditions tend to rise rapidly to
including the tasks or jobs authorized which must be consistent with proposed hazardous levels. Providing information
entrants are to perform in the PRCS. § 1926.1206 (Classification and on the type and brand of equipment
used for atmospheric testing and or other effective identifier (such as authorized entrants during an
monitoring would enable the entry initials or an identification number) the emergency.
supervisor to determine whether testing authorized entrants currently in the Paragraph (a)(2)(ii)(C). The employer
and monitoring are being conducted PRCS. This proposed requirement can would be required to ensure that the
correctly, that is, according to the be met by referring in the entry permit entry permit contains the name of the
equipment manufacturer’s instructions. to a system such as a roster or tracking current entry supervisor and the entry
Listing the names of those who system used to keep track of who is supervisor who originally authorized
performed the testing and monitoring currently in the PRCS. The availability entry into the PRCS. In addition, this
would identify a point of contact to of this information would enable the proposed paragraph would require the
which entry supervisors and attendants attendant or entry supervisor to quickly signature or initials of both of these
can direct questions they may have and accurately account for entrants who individuals. In the event that the
regarding the results and procedures. might still be in the PRCS when an original entry supervisor and the current
The date and time (or, for continuous emergency occurs. A second purpose is entry supervisor are the same
monitoring, a time period) would to provide assurance that all authorized individual, his/her name must appear
provide a basis for detecting dangerous entrants have exited the PRCS at the end twice in the entry permit: once as the
trends in atmospheric conditions that of entry operations. original entry supervisor, and again as
may indicate that more frequent OSHA believes that, as long as the the current supervisor. These proposed
observation of the atmospheric data is system accurately tracks who is in the requirements serve the same purpose
necessary. PRCS at any given moment, and as long described above for attendants in
Paragraph (a)(2)(i)(D). Employers as the attendant has immediate access to paragraph (a)(2)(ii)(B) of this proposed
would be required to list the conditions the system, the attendant will be able to section. It is unnecessary to list the
under which authorized entrants can confirm the complete evacuation of a names of individuals who could assume
work safely in the PRCS, including space. Additionally, the rescue service entry-supervisor responsibilities or the
hazard levels and methods of employee will be able to account for all employees names of individuals who have assumed
protection, consistent with the working inside the PRCS in the event of these responsibilities between the
requirements specified in paragraph (b) an emergency. A tracking system that original and current supervisors.
of proposed § 1926.1208 (Planned lists the names of the employees who Therefore, the names of the current
conditions). The list would include the the employer designates as authorized entry supervisor and the original entry
levels which oxygen, flammable gases entrants, but does not accurately supervisor, with no other entry
and vapors, and other hazardous supervisor names, are the only names
account for the number of employees
substances must meet before and during required to be in the permit.
inside the PRCS at all times, would not
PRCS entry. Additional information
meet the requirements of this proposed Paragraph (a)(2)(ii)(D). Employers
regarding PRCS conditions would
paragraph. Merely maintaining a list of would be required to ensure that the
include, for example, the methods used
authorized entrants, who may or may entry permit contains a list of the
to maintain a water hazard at safe levels.
not be on the job site or inside the communication methods used to
This proposed provision also requires
PRCS, would not help the employer maintain contact between attendants
employers, when applicable, to provide
determine how many authorized and authorized entrants during entry
the ventilation-malfunction
entrants are left inside the PRCS should operations. OSHA notes that
determinations made in paragraph (b)(2)
of proposed § 1926.1208. Providing an evacuation be necessary. establishing a routine for maintaining
these determinations would inform Accordingly, OSHA believes that it is contact between attendants and
employees (for example, entry extremely important for the employer to authorized entrants would help
supervisors, attendants, and authorized be able to confirm that all authorized attendants detect problems within the
entrants) regarding the time required for entrants have exited the PRCS during an PRCS. The Agency has not prescribed
the entrants to evacuate the PRCS evacuation. However, a tracking system any particular means or procedure for
should the ventilation system fail. that only keeps count of the number of communication because OSHA
Compliance with these proposed authorized entrants inside the PRCS, anticipates that the procedures chosen
provisions would allow authorized without providing their names or other will need to vary according to the
entrants, attendants, and entry identifiers, also is not acceptable; circumstances of the particular
supervisors to reference the planned knowing the name or other identifier of workplaces. However, the means of
conditions stated in the permit and each entrant makes it easier for the communication chosen must enable the
respond quickly to any deviations in rescuers to determine where the entrant attendants and the entrants to maintain
these conditions, including ventilation- is assigned to work in the PRCS, and effective and continuous contact.
system failure. thereby determine the entrant’s probable Paragraph (a)(2)(ii)(E). This proposed
Paragraph (a)(2)(ii). The provisions of location. paragraph would require that employers
this proposed paragraph would require Paragraph (a)(2)(ii)(B). The employer list in the entry permit the rescue
the employer to ensure that entry would be required to list the names of service that is to be summoned in an
permits identify the: authorized the current attendants in the entry emergency, and the methods (including
entrants, attendants, and entry permit. This proposed requirement the communication equipment to use
supervisor; methods used to maintain would facilitate identifying attendants and the telephone numbers to call) for
contact between authorized entrants and quickly and easily, thereby expediting summoning this service. Identification
attendants; the rescue service and the communications with them, which is of the rescue service and the methods
methods, including communication necessary for the performance of safe for summoning it would enable
equipment and telephone numbers, for PRCS entry operations and for the attendants to summon the rescue service
summoning this service; and other performance of specified duties during immediately in case of emergency.
equipment required to perform PRCS emergency situations. Without this Including the other pertinent
entry operations. proposed requirement, valuable time information, such as communication
Paragraph (a)(2)(ii)(A). Employers could be wasted attempting to find the equipment and emergency telephone
would be required to identify by name attendant responsible for protecting numbers, in the entry permit would
allow attendants to avoid errors and future PRCS entries are completed in a PRCS where employees are working.
delays in contacting the rescue service. similar way if the entries were Accordingly, the following proposed
Paragraph (a)(2)(ii)(F). Under this successful, or are improved if any paragraphs would provide employees
proposed paragraph, employers are to problems or concerns are discovered. with protection from the unique hazards
ensure that the permit contains a list of Paragraph (b)(1). To accomplish the associated with CS–PRCSs.
equipment to be provided for PRCS entry-permit review, this proposed Paragraph (a). Under this proposed
operations as determined under provision would require employers to paragraph employers would be required
paragraph (j) of proposed § 1926.1210 use cancelled entry permits retained to both meet the requirements in
(Equipment) and proposed § 1926.1218 according to paragraph (b) of proposed proposed §§ 1926.1208 through
(Equipment). This equipment would § 1926.1219 (Retaining entry permits) 1926.1214 and the additional
typically include, for example, personal below. This proposed requirement requirements listed in this proposed
protective equipment, testing would be an important tool for section.
equipment, communications equipment, identifying deficiencies in entry Paragraph (a)(1). Employers would be
alarm systems, rescue equipment, and procedures used during the review required to monitor CS–PRCSs
other equipment that the employer period. continuously for atmospheric hazards.
would provide to ensure compliance Paragraph (b)(2). Employers would be These spaces, relative to PRCSs, have an
with paragraph (j) of proposed required to review any other enhanced risk of unexpected changes in
§ 1926.1210 above. This proposed information retained from previous hazard levels because of atmospheric
requirement provides employees with a entry operations. Employers would hazards that could migrate uncontrolled
ready reference to the equipment obtain this information from sources from other areas of the CS–PRCS. By
required for safe entry operations. other than cancelled permits. For monitoring the space continuously,
Paragraph (a)(3). The two provisions instance, any near-miss information employers would detect rising levels of
of this proposed paragraph specify would be helpful to determine what a hazardous atmosphere or the
additional safety-related information to actions may be necessary to eliminate or introduction of a new atmospheric
include in the entry permit. This reduce hazard exposure during PRCS hazard before it is too late to warn the
information is necessary to ensure that entries. authorized entrants and evacuate them
employees involved in entry operations These proposed provisions are from the space (see discussion of
are aware of the hazards and procedures necessary to ensure that employers use proposed paragraph (b)(1) below).
associated with the PRCS. effective methods for protecting Employers may use periodic monitoring
Paragraph (a)(3)(i). Employers would employees against the hazards in the for this purpose if they can demonstrate
be required to identify in the entry PRCS. In this regard, many construction that equipment for continuously
permit any other active permits issued employers may not do PRCS work monitoring a hazard is not commercially
to perform work in the PRCS (for regularly, and it is important to use available; for example, continuous
example, hot-work permits). If the available information, including monitoring may not be available when
employer identifies additional permits, information from previous PRCS entries, the atmospheric hazard is a particulate.
these additional permits may be, but are to determine the effectiveness of the In such a case, the employer must be
not required to be, attached to the entry protection afforded to employees by able to demonstrate that the periodic
permit to provide information about the previous practices before they begin monitoring is of sufficient frequency to
activity covered by the permit to new PRCS operations. ensure that the atmospheric hazard is
employees involved in the entry Paragraph (c). Employers would be being controlled at safe levels as
operations so they can take appropriate required to retain entry permits in planned.
precautions. accordance with paragraph (b) of Paragraph (a)(2). Employers would be
Paragraph (a)(3)(ii). Employers would proposed § 1926.1219 (Retaining entry required to monitor continuously for
be required to list in the entry permit permits). (See paragraph (b) of proposed non-isolated engulfment hazards using
other safety-related information not 1926.1219 for an explanation of this an early-warning system. (See the
required under paragraphs (a)(1), (a)(2), proposed requirement.) definition of ‘‘early-warning system’’ at
and (a)(3)(i) of this proposed section, Paragraph (d). Employers would be proposed § 1926.1203 (Definitions
including any problems encountered. required to cancel entry permits in applicable to this subpart).) Employers
Examples of such information may accordance with paragraph (d)(4) of have flexibility in determining what
include: problems encountered in the proposed § 1926.1211 (Entry permit type of early-warning system to use
PRCS; problems that an attendant, entry cancellation). (See paragraph (d)(4) of based on information they receive about
supervisor, or authorized entrant proposed § 1926.1211 above for an the space and its hazards, as well as the
believes may be relevant to the safety of explanation of this proposed paragraph.) employer’s previous experience with
the entrants working in the space; or CS–PRCSs. In some instances, the early-
any other information that may be Section 1926.1215—Continuous warning system can be as simple as
relevant to employee safety under these System—PRCS posting lookouts with communication
conditions. The provisions of this proposed equipment at distances far enough
Paragraph (b). According to the two section cover the requirements for upstream from the CS–PRCS to
provisions of this proposed paragraph, Continuous System-Permit-Required effectively communicate a warning to
employers must review, at least Confined Spaces (CS–PRCSs). Because authorized entrants regarding any
annually, PRCS entries made during the these spaces are a special type of PRCS, engulfment hazards. Another method
previous 12 months. The employer must employers would be required to meet would be to position detection and
use the information described in these these proposed provisions, as well as monitoring devices in areas connected
two provisions to perform this review. the requirements for PRCS entry to the CS–PRCS that will warn entrants
The purpose of this review is to evaluate prescribed by proposed §§ 1926.1208 effectively of an engulfment hazard in
the effectiveness of protection provided through 1926.1214. One example of this sufficient time for them to exit the space
to employees involved in PRCS entries type of system is a sewer in which a successfully.
during this period. This proposed storm at another location could send Paragraph (b). This proposed
requirement would help ensure that water or hazardous materials to the CS– paragraph specifies requirements for
additional equipment for a CS–PRCS. Section 1926.1216—Controlled- Paragraph (a)(2)(ii). Employers would
This equipment addresses migrating Atmosphere Confined Spaces— be required to determine that, in the
engulfment and atmospheric hazards Requirements for Classification and event the ventilation system stops
that are present in CS–PRCSs. For Accident Prevention and Protection working, the monitoring procedures will
example, these hazards can result when detect an increase in atmospheric
runoff from a heavy storm upstream in Paragraph (a). The provisions of this hazard levels in sufficient time for the
a sewer flows downstream into the area proposed paragraph would require entrants to safely exit the CACS. As
in which employees are working. employers to meet specific criteria to explained for a similar provision in the
Another example is when hazardous classify the space as a Controlled- general industry standard (see 29 CFR
material is used in one part of a sewer Atmosphere Confined Space (CACS), 1910.146(c)(5)(i)(B)), for the CACS to be
and the hazardous atmospheres formed and to protect employees from CACS considered safe, the mechanical
by the material migrate to the area in hazards by implementing specific ventilation must control the
which the employees are working, accident-prevention and -protection atmospheric hazards at levels that are
causing serious harm. OSHA believes methods. When employers have sufficiently below the levels at which
that migrating hazards, especially from determined that the atmospheric they are harmful to entrants so that,
distant areas, are common in CS–PRCSs. hazards can be controlled and the should the forced-air ventilation system
Accordingly, these requirements are physical hazards can be isolated or cease to function during entry (such as
necessary to protect authorized entrants eliminated, the proposed standard from a power loss), the atmosphere will
from the additional hazards associated provides this alternative classification remain at safe levels until monitoring
with CS–PRCSs, including engulfment option, the CACS, which may be more procedures detect rising atmospheric
and atmospheric hazards. efficient and less costly to implement hazard levels and entrants can safely
Paragraph (b)(1). The employer would than complying with the requirements exit the space or ventilation is restored.
be required to provide the equipment for a PRCS. Note that when employers The Agency believes that monitoring is
necessary to monitor atmospheric can identify and implement both the the primary method for detecting an
hazards in CS–PRCSs. The primary isolation methods for physical hazards increase in atmospheric hazard levels
reason OSHA believes this proposed and the control methods for and, therefore, requires the use of
requirement is necessary is because of atmospheric hazards without entering monitoring to detect ventilation system
the increased potential for a hazardous the space, they would not be required to failure. However, other indicators may
atmosphere to migrate unpredictably comply with the PRCS requirements be useful in detecting such failures,
into the work area after the employer during that identification/ including changes in noise levels, air
assesses a CS–PRCS and work has implementation process. Also, the flow, and/or pressure; and signs,
begun. Because these work areas are Agency considers the provisions symptoms, and characteristic effects of
susceptible to being suddenly affected proposed for CACS entry to be exposure to the atmospheric hazard.
minimum safety requirements, and the In the event the atmospheric hazard-
by hazards from elsewhere in the
employer may elect to comply with control methods fail, meeting the
system, OSHA believes that effective
proposed PRCS requirements. requirements of this proposed paragraph
monitoring is the only way to ensure
Paragraph (a)(1). Using the physical- would provide employees with a safe
that such hazards will be detected
hazard information obtained under atmosphere within the CACS until they
before it is too late to warn and evacuate evacuate the confined space, thereby
the entrants. An additional reason for paragraph (b) of proposed § 1926.1204,
the employer would be required by this reducing the risk of serious injury and
including this proposed requirement is death. By ensuring that employees
that construction crews often have proposed provision to determine and
implement methods for isolating evacuate safely from the CACS under
limited or no experience working in a these conditions, this proposed
particular CS–PRCS. As a result, unlike physical hazards found in the CACS. By
isolating the physical hazards, provision makes it unnecessary for
many general industry settings, there employers to arrange for a rescue service
may be little or no historical monitoring employers would provide employees
as required for PRCSs under paragraph
data available to help accurately predict with reliable and effective protection
(e) of proposed § 1926.1209.
probable peak hazard levels. from such hazards.
Nevertheless, OSHA believes that if the
Paragraph (b)(2). The employer would Paragraph (a)(2)(i). Employers would atmospheric hazards rapidly rise to
be required to provide an early-warning be required to test for atmospheric unsafe levels without mechanical
system to monitor for non-isolated hazards in the CACS using the methods ventilation, then mechanical ventilation
engulfment hazards. The employer has specified above in proposed § 1926.1205 may be an inappropriate method for
flexibility in determining what type of (Atmospheric testing and monitoring), controlling atmospheric hazards, and
system to use based on information it and to use ventilation equipment to the space should be classified as a
has received about the CS–PRCS and its verify that ventilation alone is sufficient PRCS.
hazards, and based on the employer’s to control the atmospheric hazards at Paragraph (a)(3). Employers would be
experience with working within CS– safe levels. Additionally, ventilation required to verify in writing that they
PRCSs of this type. The system can be must consist of continuous forced-air isolated all physical hazards, and
as simple as posting observers with mechanical systems that meet the controlled atmospheric hazards with
communication equipment at distances requirements of 29 CFR 1926.57 ventilation alone, in the CACS as
far enough upstream from the work area (Ventilation). Because the atmospheric required by paragraphs (a)(1) and (a)(2)
to timely communicate a warning to the hazard is controlled at safe levels but of this proposed section; in addition,
entrants working downstream. Another the hazard is still present to some employers would have to make this
method would be to use detection/ degree, it is vital that the employer documentation available to all
monitoring devices upstream that will confirm that the ventilation system employees who are entering the space,
trigger alarms at the entrants’ work area alone is maintaining the safe and to their authorized representatives.
in sufficient time for them to safely atmospheric-hazard level (with no other The provision specifies that the
avoid upstream engulfment hazards protective measure in use for protecting verification document must contain the:
moving in their direction. entrants from the atmospheric hazard). Location of the CACS, identity of the
physical hazards, methods for isolating perform work in CACSs can recognize associated with attempting such a
the physical hazards, date and time the these dangers and exit the CACS when rescue. OSHA believes that employees
physical hazards were isolated and the dangers materialize. who are unaware of the dangers
name and signature/initials of the Paragraph (b)(1)(ii). Employers would associated with attempting a rescue in a
individual who completed the isolation be required to post danger signs near the confined space are likely to suffer injury
work, the identity and safe levels of the outside of the entrance of the CACS that or death from trying to rescue an
atmospheric hazards, methods for read, ‘‘Danger—Controlled-Atmosphere incapacitated employee in a CACS.
controlling the atmospheric hazards, Confined Space—Authorized Therefore, OSHA believes that it is
atmospheric-testing results, date and Employees Only,’’ or similar language. imperative that these employees have
time of atmospheric testing and the When the employer can demonstrate knowledge of such dangers to prevent
name and signature/initials of the that a danger sign is infeasible, the them from attempting rescues and being
individual who completed the employer must use an equally effective injured or killed as a result.
atmospheric testing, the determinations means of warning employees of the Paragraph (b)(2)(iii). The requirements
made under paragraph (a)(2)(ii) of this dangers. This proposed requirement of this proposed paragraph specify
proposed section, name and signature/ would augment the employee protection when an employer must provide
initials of the person who completed afforded under paragraph (b)(1)(i) of this employees with CACS-related training.
this document, and date and time the proposed section, especially by Paragraph (b)(2)(iii)(A). Employers
document was completed. preventing non-authorized employees would be required to train employees to
The information on the verification from entering a CACS. perform their tasks safely before their
document establishes a baseline to Paragraph (b)(2). The requirements of initial entry into a CACS, thereby
determine whether conditions specified this proposed paragraph define the ensuring that these employees have the
in this document remain constant training responsibilities of employers requisite knowledge and skills to safely
throughout subsequent entry operations. with regards to CACS entry. perform entry operations within the
Also, making the document available to Paragraph (b)(2)(i). Employers would CACS. OSHA believes that it is essential
employees who enter the space and be required to provide employees who that employees understand their
their authorized representatives would enter a CACS with the knowledge and responsibilities regarding safe
help ensure that the conditions skills necessary to safely perform CACS operations within the CACS, and that
established during initial CACS entry entry operations. The training must they be able to recognize the signs of
remain constant. It would do this by ensure that these employees understand ineffective isolation and control
providing a readily available reference the hazards in the CACS that they will methods, before work within the space
document for employees working in or enter and the methods used to isolate or has commenced. Without this prior
near the CACS so they have the control these hazards. For employees knowledge of how the performance of
information necessary to detect who enter CACSs, this proposed assigned tasks affects conditions within
developing hazards while they are paragraph would ensure that they know the CACS, an employee may endanger
engaged in CACS entry operations. the characteristics of the hazards and himself/herself or other employees who
Paragraph (b). The provisions the adverse effects the hazards have on are in and around the CACS.
proposed under this paragraph list the the human body, and that they have the Paragraph (b)(2)(iii)(B). Under this
requirements for notifying and warning ability to recognize when the methods proposed provision, if an employee the
employees of the locations of CACSs used to control or isolate identified employer anticipates will be in or near
and their dangers, and training hazards are not effective. OSHA believes a CACS receives a change in assigned
employees regarding CACS safety. that this training will aid the employees tasks and these changes affect the
Paragraph (b)(1)(i). This proposed in understanding the importance of control of hazardous atmospheres and/
provision would require the employer to performing assigned tasks related to the or the isolation of physical hazards (that
inform employees who the employer maintenance of safe entry conditions is, the conditions necessary for a CACS
anticipates will be working in or near a and recognizing how hazards associated classification), then the employer must
CACS, and their authorized with the performance of construction train these employees on the newly
representatives, about the location of, activities affect conditions within the assigned tasks before they enter the
and the dangers posed by, the CACS at CACS. Without this information, CACS, including how to maintain the
the job site. In fulfilling this proposed employees are more likely to perform conditions of the CACS classification
requirement, the employer must first tasks that may compromise the safe when performing the tasks. For
identify the employees it anticipates conditions within the CACS and injure example, an employee’s assignment
will be working in or near the CACS, themselves or other employees. This changes so that he/she must maintain
including employees who: perform proposed paragraph also provides the the proper functioning of ventilation
work in a CACS; deliver materials, employees with information about the equipment in the CACS or perform
supplies, and tools in or near a CACS; identified hazards which could indicate atmospheric monitoring; before
and may detect, and act to save, an that an evacuation and reassessment is reentering the space, the employee must
incapacitated entrant during an necessary to prevent injury to anyone in be trained to perform such tasks and to
emergency. Secondly, the employer or around the CACS. understand their significance to safe
must select an effective method to relay Paragraph (b)(2)(ii). Under this CACS operations. This additional
this information to the employees; these proposed provision, the employer is training only applies when employees
methods may range from tool-box talks required to train the employees that the have not received previous training on
to formal training. This proposed employer anticipates will be in or near these newly assigned tasks. This
provision ensures that employees who the CACS and who are not authorized proposed provision would ensure that
may be in or near CACSs know the to perform entry rescues about the employees have the knowledge and
location of, and the dangers associated dangers of such rescues. For instance, skills necessary to perform their newly
with, these spaces. This information when an employee works outside a assigned tasks safely within a CACS,
would help prevent entry into a CACS CACS but is not trained to perform thereby preventing errors that could
by employees not authorized to do so, rescue operations, the employer must result in substantial harm to themselves
and would ensure that employees who train that employee about the dangers and/or other employees.
Paragraph (b)(2)(iii)(C). This proposed are assigned to do work within a CACS, requires employers to promptly: Use
provision would require employers to thereby preventing risk of injury and guardrails or covers as specified in 29
ensure that employees exit a CACS death to themselves and other CFR 1926.502 (Fall protection systems
when a hazard arises in the space for employees. The dangers associated with criteria and practices) of subpart M (Fall
which they have received no previous untrained employees have been Protection) to guard holes and openings
training. Training on the new hazard discussed in previous paragraphs of this into the space from falling individuals
must be completed before the employee proposed section. and objects, and institute measures to
may reenter and resume work in the Paragraph (b)(2)(v)(A). Employers control pedestrian and vehicle traffic in
CACS. For example, when a process or would be required to ensure that the accordance with the requirements in 29
material introduced into the space training records show that an employee CFR Part 1926 subpart G (Signs, Signals,
discharges hazardous fumes or vapors accomplished the training specified in and Barricades).
into the atmosphere of the CACS, paragraph (b)(2) of this proposed section Paragraph (c)(3). Employers would be
employees who have not had training before entering a CACS. This required to ensure that a safe method of
on such hazards must exit the CACS information would allow employers to entering and exiting a CACS (such as
and receive the requisite training even verify that an employee received the stairways or ladders) is provided and
if the hazard levels are being controlled necessary training before the employee used, and that it meets applicable OSHA
within safe limits by the mechanical encounters CACS hazards. requirements (such as 29 CFR Part 1926
ventilation. In another example, Paragraph (b)(2)(v)(B). Employers subpart X (Stairways and Ladders)). For
employers would have to follow the would be required to include in the example, where the employees are
same procedure when a power line is training records the employee’s name, working in an underground vault, the
exposed inadvertently within the space. names of the trainers, and dates of the employer would be required to provide
OSHA believes this proposed paragraph training. OSHA believes that this and ensure the use of a safe means of
would protect employees from injury or information is necessary to identify the entry into and exit from an underground
death by requiring the employer to specific training received by each vault, and, if applicable, ensure that the
remove them from the CACS until they employee so that employers select only method complies with OSHA standards.
have the requisite knowledge and skills employees with appropriate knowledge The proposed paragraph also would
regarding the hazard. and skills to enter a CACS. Having the require that if a hoisting system is used,
Paragraph (b)(2)(iv). Employers would names of the trainers on the training it must be designed and manufactured
be required to ensure that employees record serves to corroborate the record, for personnel hoisting. This proposed
can demonstrate proficiency in the and also provides a reference should the provision specifies an exception to this
CACS-related duties required by this employer have any questions about the requirement that allows for the use of
proposed standard, including any new training received by an employee. job-made hoisting systems if these
and revised procedures. For example, Including the date in the record allows systems are approved for personnel
the employer may wish to include a an assessment of whether the employee hoisting by a registered professional
testing component in its training. OSHA may need updated or refresher training engineer prior to use in CACS entry
believes this proposed requirement is before entering the CACS. Finally, this operations. However, commercial
necessary to ensure that the overall documentation would assist employers hoisting systems not designed and
objectives of required training have been in determining whether the training manufactured specifically for personnel
accomplished and the employee program in general meets the needs of hoisting would not be permissible under
understands and is able to apply what the employees and results in safe and this proposed provision because OSHA
he/she has learned. effective CACS entry operations. believes they cannot be used safely for
Paragraph (b)(2)(v). The two Paragraph (c). The requirements of this purpose. This proposed
provisions of this proposed paragraph this proposed paragraph address general requirement would eliminate further
list the information that employers must preparation for CACS entry. injuries and deaths of employees which
include on training records maintained Paragraph (c)(1). This proposed could occur from the use of a hoisting
in accordance with paragraph (c) of paragraph would require, prior to system that was not designed
proposed § 1926.1219 below. OSHA removing an entrance cover, that specifically for personnel hoisting. The
believes that documentation of employers eliminate any condition that provision would give the employer
employee training is an essential makes it unsafe to remove the entrance flexibility in its choice of personnel
administrative tool for ensuring that cover. The employer would be required hoisting systems by allowing a
employees have received the requisite to evaluate the hazards that may be registered professional engineer to
training. It is particularly important that associated with removing the cover, and approve a job-made system. OSHA
an employer be able to verify training then take whatever measures are believes that either option would ensure
for employees working in a CACS necessary to ensure that these hazards that the personnel hoisting system will
because a heightened level of employee are eliminated. For instance, if high- meet the design specifications needed
awareness is needed when an pressure exists inside the CACS, the for employees to safely access the
atmospheric hazard is being controlled employer would have to determine and CACS.
rather than isolated. As discussed implement measures to address that This proposed provision would
during the SBREFA process, the hazard so that the cover could be ensure that authorized entrants always
construction industry is characterized removed safely. have a safe and effective means of
by high employee turnover rates and a Paragraph (c)(2). The purpose of this entering and exiting the space,
tendency among employees to perform proposed paragraph is to protect including escaping from it in an
short-term tasks at multiple worksites. employees in and around the CACS emergency. These means include
Therefore, without this documentation, from being struck by individuals or systems that are designed and
it may be difficult for an employer to objects outside the CACS that may fall manufactured for personnel hoisting
keep track of which employees have had into the space, or that could injure the and job-made hoisting systems
the required training. This employees when they are near the approved by a registered professional
documentation would aid the employer CACS. When necessary to achieve this engineer, even when these systems are
in ensuring that no untrained employees purpose, this proposed provision not covered by an OSHA standard.
Paragraph (d). The requirements of Employers would be required to make employers must follow after employees
this proposed paragraph would ensure this documentation available for review enter a CACS.
that employers achieve conditions in a by each employee entering the space Paragraph (e)(1). This proposed
CACS before entry that are consistent and to that employee’s authorized provision would require the employer to
with the determinations made, and the representative. This document shall be ensure that physical hazards identified
isolation and control methods maintained until the work in the CACS above under paragraph (b) of proposed
implemented, during the classification has been completed (see the proposed § 1926.1204 remain isolated during
of the space under paragraph (a) of this recordkeeping requirements under entry. This proposed provision would
proposed section. paragraph (d) of proposed § 1926.1219). provide employers and employees with
Paragraph (d)(1). The employer would These proposed procedures would assurance that the physical hazards, if
be required to ensure that the physical ensure that: conditions in the CACS are any, within the CACS continue to be
hazards identified above under safe for employee entry; the employer, isolated.
paragraph (b)(1)(ii) of proposed employees, and OSHA can direct Paragraph (e)(2). The employer would
§ 1926.1204 remain isolated as required questions regarding the information to be required to monitor atmospheric
by paragraph (a)(1) of proposed the individual who completed the hazards as specified in proposed
§ 1926.1216 above. Because there may document; and the information is § 1926.1205 (Atmospheric testing and
be a gap in time between when the available for assessment purposes (for monitoring) to ensure that forced-air
employer isolates the hazard and when example, to evaluate the effectiveness of mechanical ventilation alone effectively
entry begins, the Agency believes that it the ventilation system). controls atmospheric hazards at safe
is necessary to require that the employer The information required by this levels. This proposed paragraph
ensure immediately before entry that the proposed paragraph duplicates much of specifies that employers are to use
physical hazards remain isolated. continuous monitoring unless they can
the information required to classify a
Paragraph (d)(2). Employers would be demonstrate that the equipment for
CACS as specified above in paragraph
required to test for atmospheric hazards continuously monitoring a hazard is not
(a)(3) of this proposed section. However,
using the methods specified above in commercially available or periodic
the information required by this
proposed § 1926.1205 (Atmospheric monitoring is sufficient. For example,
proposed paragraph addresses
testing and monitoring) to ensure that when an employer demonstrates that
conditions in the CACS just prior to
the ventilation system is controlling the atmospheric-testing results in the past
beginning entry operations. OSHA
atmospheric hazards at safe levels. This for the CACS have consistently
believes that documenting these
requirement would ensure that, when indicated that the change in
conditions is necessary because
the employees enter a CACS, the atmospheric levels occurs slowly and
employers would use this information
atmosphere is safe to breathe. predictably, periodic monitoring may be
Paragraph (d)(3). The employer would to compare these conditions to the permissible. The Agency believes that
be required to control the atmosphere at baseline conditions documented in this proposed requirement for
safe levels using only ventilation, and proposed paragraph (a)(3), thereby continuous monitoring is necessary for
must provide ventilation using a forced- alerting them to differences that may the same reasons discussed with respect
air mechanical system that complies indicate poor hazard control or to paragraph (b) of proposed
with 29 CFR 1926.57 (Ventilation). isolation. To lessen the paperwork § 1926.1211 (Monitoring).
OSHA believes that use of mechanical burden of this proposed requirement, Paragraph (e)(3). The employer would
ventilation that meets the criteria of 29 employers do not have to document be required to complete a written
CFR 1926.57 to control atmospheric CACS information that remains fixed, verification of the determinations made
hazards at safe levels is a reliable means and only need to document information under paragraphs (e)(1) and (e)(2) of this
of ensuring a safe atmosphere. The use that is likely to vary from the proposed section. The employer would
of mechanical ventilation is necessary information used to classify the CACS also be required to ensure that this
because of the inherent variability of (see the sample verification document written verification contains: The
natural ventilation. in proposed Appendix B). Therefore, location of the CACS, identity of the
Paragraph (d)(4). Employers would be employers do not need to document the physical hazards, methods for isolating
required to verify in writing that the location of the CACS, identity of the the physical hazards, date and time of
physical hazards are isolated and the physical hazards, methods for isolating determining that physical hazards
ventilation system is properly the physical hazards, identity and safe remain isolated and the name and
controlling the atmospheric hazards. level of atmospheric hazards, and signature/initials of the individual who
This written verification must contain: methods for controlling the atmospheric made this determination, identity and
the location of the CACS, identity of the hazards, but must document the date safe level of atmospheric hazards,
physical hazards, methods for isolating and time of determining that physical methods for controlling the atmospheric
the physical hazards, date and time of hazards remain isolated and the name hazards, atmospheric-monitoring
determining that physical hazards and signature/initials of the individual results, date and time of atmospheric
remain isolated and the name and who made this determination, monitoring and the name and signature/
signature/initials of the individual who atmospheric-testing results, the date and initials of the individual who completed
made this determination, identity and time of atmospheric testing and the the atmospheric monitoring, name and
safe level of atmospheric hazards, name and signature/initials of the signature/initials of the individual who
methods for controlling the atmospheric individual who completed the completed this document, and the date
hazards, atmospheric-testing results, atmospheric testing, the name and and time the document was completed.
date and time of atmospheric testing signature/initials of the individual who Lastly, the employer must make the
and the name and signature/initials of completed the verification document, document available to each employee
the individual who completed the and the date and time the document was entering the space and to the employee’s
atmospheric testing, name and completed. authorized representative.
signature/initials of the individual who Paragraph (e). The provisions of this The information in this verification
completed this document, and the date proposed paragraph establish the document would serve as a reference to
and time the document was completed. minimum safety requirements that help employees recognize developing
hazards (for example, increases in Paragraph (f)(2). This proposed elimination or removal of a physical or
atmospheric hazards) during entry paragraph requires employers to atmospheric hazard by preventing its
operations, so that entrants would know identify the physical and atmospheric release into a confined space. Isolation
to exit the CACS. Also, after completing hazards in accordance with paragraph includes, but is not limited to, the
an entry operation, employers could use (b) of proposed § 1926.1204. Under following methods: Blanking and
the information to evaluate the paragraph (b)(2) of proposed blinding; misaligning or removing
effectiveness of methods used to isolate § 1926.1204, employers must reclassify sections of lines, pipes, or ducts; a
physical hazards and control the space as a PRCS when it is necessary double-block-and bleed system; locking
atmospheric hazards, or to determine for the entrant to enter the space to out or tagging out energy sources;
the cause of an accident; in either case, obtain the required information. The machine guarding; and blocking or
the information would assist the Agency believes that this proposed disconnecting all mechanical linkages.’’
employer in identifying the necessary requirement is necessary to ensure that In some situations, employers may
corrective action. Making the the spaces are correctly assessed, and to perform isolation by de-energizing
documentation available to employees ensure that the employees are protected machinery or systems using appropriate
and their authorized representatives while conducting the assessments. lockout-tagout procedures (for example,
would help ensure that employees have Paragraph (f)(3). This proposed 29 CFR 1926.417 (Lockout and tagging
the reference information necessary to provision requires an employer to use of circuits)).
recognize when hazards are developing the information about the confined While the proposed provision would
while engaged in entry operations. space that it obtained above under allow employers flexibility in the
To lessen the paperwork burden of paragraph (f)(2) of this proposed section, methods and procedures they use to
this proposed requirement, employers and reclassify the evacuated space as identify and isolate physical hazards, it
do not have to document CACS either a CS–PRCS, PRCS, CACS, or would not relieve them from conducting
information that remains fixed, and only IHCS. The employer must then follow a thorough assessment of the space and
need to document information that is the precautions and safety procedures identifying hazards that include, but are
likely to vary from the information used listed for the space classification in the not limited to: Existing or potential
to classify the CACS (see the sample applicable sections of this proposed liquids, solid materials, and electricity
verification document in proposed standard. The employees cannot reenter associated with processes; the use of
Appendix B). Therefore, employers do the space to perform their assigned tasks equipment, ductwork, and conduits
not need to document the location of the until the employer determines that the with exposed valves or that terminate in
CACS, identity of the physical hazards, conditions within the confined space the confined space; exposed and
methods for isolating the physical meet the classification and prevention/ energized electrical conduits; connected
protection requirements specified for rooms and reservoirs that present
hazards, identity and safe level of
the space. This requirement would engulfment hazards; and any other
atmospheric hazards, and methods for
ensure that employees receive recognized hazards covered by OSHA
controlling the atmospheric hazards, but
appropriate protection prior to construction standards. OSHA believes
must document the date and time of
reentering the confined space. that isolating all the physical hazards
determining that physical hazards
within the space protects employees
remain isolated and the name and Section 1926.1217—Isolated-Hazard
while working in the IHCS.
signature/initials of the individual who Confined Spaces—Requirements for Paragraph (a)(2). This proposed
made this determination, the results of Classification and Accident Prevention provision would require employers to
atmospheric monitoring, the date and and Protection isolate the atmospheric hazards
time of atmospheric monitoring and the Paragraph (a). The provisions of this identified in the space as specified in
name and signature/initials of the proposed paragraph specify the paragraph (b) of proposed § 1926.1204.
individual who completed the requirements for classifying a confined In doing so, the employer must make a
atmospheric monitoring, the name and space as an Isolated-Hazard Confined determination regarding atmospheric
signature/initials of the individual who Space (IHCS). When an employer hazards, and adopt an appropriate
completed the verification document, isolates or eliminates all atmospheric method of isolating these hazards that
and the date and time the document was and physical hazards in a space, the would prevent their release into the
completed. space would qualify for the IHCS confined space. Properly identifying
Paragraph (f). This proposed classification. Employers applying that and implementing an isolation method
paragraph specifies requirements classification would be required to increases the likelihood that employees
employers must follow when an comply with these proposed provisions will be safe while working within the
emergency occurs during entry before an employee enters the space. IHCS because all atmospheric hazards
operations, including the presence of a The Agency believes that, in some will have been isolated or eliminated.
non-isolated physical hazard or an instances, employers will meet IHCS Paragraph (a)(3). The employer would
atmospheric hazard at unsafe levels. classification requirements instead of be required to isolate the atmospheric
Paragraph (f)(1). Under this proposed classifying a space as a PRCS or CACS; and physical hazards without entering
provision, when an emergency requires the IHCS classification will sometimes the space. However, when the employer
evacuation from a CACS, employers be more efficient and less costly to demonstrates that it is infeasible to
would be required to ensure that implement than the PRCS or CACS isolate the hazards without entering the
employees exit the space immediately. requirements. space, it may only enter the space if it
The Agency believes this proposed Paragraph (a)(1). The employer would complies with the requirements for
requirement is necessary because once be required to isolate each physical PRCSs in proposed §§ 1926.1208
an emergency occurs, the protective hazard in the space identified under through 1926.1214 or, when applicable,
systems in place in the CACS can no paragraph (b) of proposed § 1926.1204. the requirements for CS–PRCSs in
longer be relied on to protect the The definition of the terms ‘‘isolate’’ or proposed § 1926.1215. Even when the
entrants; their safety then depends on ‘‘isolation’’ provided in paragraph (b) of employer is able to isolate some of the
their immediately getting out of the proposed § 1926.1203 (Definitions hazards without entering the space, the
CACS. applicable to this subpart) is ‘‘the space would remain a PRCS until the
employer isolates every physical and that employees performing this work employers eliminate any condition that
atmospheric hazard in the space. By meet these proposed training makes it unsafe to remove the entrance
maintaining the PRCS classification for requirements before they enter an IHCS, cover. The employer would be required
these spaces until the employer thereby expediting recognition of to evaluate the hazards that may be
completes hazard isolation, this hazardous conditions and development associated with removing the cover, and
proposed provision would protect of appropriate responses. then take whatever measures are
employees from any atmospheric and/or A note to this proposed paragraph necessary to ensure that these hazards
physical hazards during the isolation states that employers do not need to are eliminated. For instance, if high-
process. document the IHCS training pressure exists inside the IHCS, the
Paragraph (a)(4). Employers would be requirements, unlike the training employer would have to determine and
required to verify in writing that all of provisions proposed for PRCSs, CS– implement measures to address that
the physical and atmospheric hazards in PRCSs, and CACSs, which do require hazard so that the cover could be
the space have been isolated as required documentation. However, in contrast to removed safely.
by paragraphs (a)(1) and (a)(2) of this PRCSs, CS–PRCSs, and CACSs, IHCSs Paragraph (c)(2). The purpose of this
proposed section, and to make this contain no hazards or contain isolated proposed paragraph is to protect
documentation available to each hazards. The Agency believes that IHCS employees in and around the IHCS from
employee who is entering the space, and conditions afford employees optimum being struck by individuals or objects
to their authorized representatives. The protection because the likelihood of outside the IHCS that may fall into the
proposal specifies that the verification employee exposure to a hazard during space, or that could injure the
document must contain the: Location of entry operations is extremely low. In employees when they are near the IHCS.
the IHCS, identity of the physical addition, the training requirements When necessary to achieve this purpose,
hazards, methods for isolating the proposed for IHCSs, which are this proposed provision requires
physical hazards, date and time the informational only, are similar to the employers to promptly: Use guardrails
physical hazards were isolated and training provisions currently specified or covers as specified in 29 CFR
name and signature/initials of the for confined and enclosed spaces by 29 1926.502 (Fall protection systems
individual who completed the isolation CFR 1926.21(b)(6), which does not criteria and practices) of subpart M (Fall
work, the identity of atmospheric require training documentation. OSHA Protection) to guard holes and openings
hazards, methods for isolating the concludes that requiring employers to into the space from falling individuals
atmospheric hazards, the date and time document this minimal training and objects, and institute measures to
the atmospheric hazards were isolated requirement would discourage them control pedestrian and vehicle traffic in
and the name and signature/initials of from classifying confined spaces as accordance with the requirements in 29
the individual who completed the IHCSs, thereby denying employees the CFR Part 1926 subpart G (Signs, Signals,
isolation work, name and signature/ safety and health benefits associated and Barricades).
initials of the individual who completed with this classification. Paragraph (c)(3). Employers would be
this document, and the date and time Paragraph (b)(1). Employers would be required to ensure that a safe method of
the document was completed. required to ensure that employees who entering and exiting an IHCS (such as
OSHA believes the information on the enter IHCSs acquire the knowledge and stairways or ladders) is provided and
verification document would ensure skills necessary to recognize the signs, used, and that it meets applicable OSHA
that employers confirm the effectiveness symptoms, and characteristic effects requirements (such as 29 CFR Part 1926
of protective measures implemented associated with exposure to the hazards subpart X (Stairways and Ladders)). For
prior to IHCS entry. This proposed identified under paragraphs (a)(1) and example, where the employees are
provision is necessary as an (a)(2) of this proposed section, and to working in an underground vault, the
administrative tool to ensure that understand the methods used to isolate employer would be required to provide
employees are protected from physical these hazards. OSHA believes that this and ensure the use of a safe means of
or atmospheric hazards upon initial training is necessary to prevent entry into and exit from an underground
entry into an IHCS, and that the space accidents caused by an employee’s vault, and, if applicable, ensure that the
remains safe during entry operations. inexperience with working in an IHCS. method complies with OSHA standards.
The testing results would also serve as This training would allow employees to The proposed paragraph also would
a baseline against which employers and detect failures in the methods used to require that if a hoisting system is used,
employees could compare current isolate IHCS hazards, and to recognize it must be designed and manufactured
conditions within the IHCS during entry the physical and behavioral effects that for personnel hoisting. This proposed
operations. The proposed requirement result from these failures. provision specifies an exception to this
to make the documentation available to Paragraph (b)(2). Employers would be requirement that allows for the use of
employees and their authorized required to train employees the job-made hoisting systems if these
representatives would ensure that employer anticipates will be in or near systems are approved for personnel
entrants have the information necessary the IHCS, and who are not authorized to hoisting by a registered professional
to detect developing hazards while they perform entry rescues, about the dangers engineer prior to use in IHCS entry
are working in the space. OSHA of attempting such rescues. This operations. However, commercial
believes that when employers and requirement would deter untrained hoisting systems not designed and
employees have access to these employees from attempting entry manufactured specifically for personnel
verification documents, deficiencies in rescues, thereby preventing them from hoisting would not be permissible under
isolation methods can be readily being incapacitated, injured, or killed this proposed provision because OSHA
identified, which would reduce the from the hazards in the space. believes they cannot be used safely for
probability that employees will be Paragraph (c). The requirements of this purpose. This proposed
injured by hazards within the IHCS. this proposed paragraph address general requirement would eliminate further
Paragraph (b). The provisions of this preparation for IHCS entry. injuries and deaths of employees which
proposed paragraph list the minimum Paragraph (c)(1). This proposed could occur from the use of a hoisting
IHCS training requirements. The paragraph would require, prior to system that was not designed
employer would be required to ensure removing an entrance cover, that specifically for personnel hoisting. The
provision would give the employer document was completed. In addition, following the requirements of paragraph
flexibility in its choice of personnel the document shall be made available (a) of proposed § 1926.1205 would allow
hoisting systems by allowing a by posting or other methods to an employer to determine the
registered professional engineer to employees entering the IHCS and to the effectiveness of methods used to isolate
approve a job-made system. OSHA employee’s authorized representative. atmospheric contaminants; for some
believes that either option would ensure This proposed requirement would physical hazards, employers may
that the personnel hoisting system will provide assurance that the IHCS is safe perform periodic inspections of
meet the design specifications needed to enter, as well as information that blocking, blanking, and lockout-tagout
for employees to safely access the IHCS. could be used to detect a developing methods to ensure their continuing
This proposed provision would hazard (for example, indication of an effectiveness. By requiring employers to
ensure that employees always have a atmospheric contaminant during ensure that physical and atmospheric
safe and effective means of entering and subsequent entry operations). Therefore, hazards remain isolated, this proposed
exiting the space, including escaping this information would provide provision would prevent physical and
from it in an emergency. These means employees with protection against atmospheric hazards from entering an
include systems that are designed and physical or atmospheric hazards while IHCS occupied by employees.
manufactured for personnel hoisting entering an IHCS. Other employers, Paragraph (e)(2). This proposed
and job-made hoisting systems including subcontractors, may benefit paragraph specifies requirements
approved by a registered professional from this information since it would be employers must follow when an
engineer, even when these systems are relevant to (though not a substitute for) emergency occurs during entry
not covered by an OSHA standard. their own hazard assessment of the operations, including the presence of a
Paragraph (d). The three provisions of space. non-isolated physical hazard or an
this proposed paragraph address the This information nearly duplicates atmospheric hazard.
requirements that employers would be the information specified above in Paragraph (e)(2)(i). Under this
required to follow prior to having paragraph (a)(4) of this proposed proposed provision, when an emergency
employees enter an IHCS. section. To lessen the paperwork burden requires evacuation from an IHCS,
Paragraph (d)(1). Employers would be of this proposed requirement, employers employers would be required to ensure
required to ensure that the physical do not have to document IHCS that employees exit the space
hazards identified in paragraph (a)(1) of information that remains fixed, and only immediately. The Agency believes this
this proposed section remain isolated. need to document information that is proposed requirement is necessary
This proposed requirement would likely to vary from the information used because once an emergency occurs, the
ensure that employees are safe from to classify the IHCS (see the sample protective systems in place in the IHCS
exposure to physical hazards after verification document in proposed can no longer be relied on to protect the
entering an IHCS. Appendix B). Therefore, employers do entrants; their safety then depends on
Paragraph (d)(2). Employers would be not need to document the location of the their immediately getting out of the
required to confirm, through testing, IHCS, identity of the physical hazards, IHCS. This provision would ensure that
that the atmospheric hazards identified methods for isolating the physical employees minimize their exposure to
in paragraph (a)(2) of this proposed hazards, date and time the physical physical or atmospheric hazards.
section are isolated. In conducting this hazards were isolated, identity of Note that this proposed provision
testing, employers must comply with atmospheric hazards, methods for does not require employers engaged in
the requirements of paragraph (a) of isolating the atmospheric hazards, and IHCS operations to have a rescue service
proposed § 1926.1205. This proposed date and time the atmospheric hazards available during emergencies. OSHA
provision would protect employees were isolated, but must document the believes that, unlike PRCSs and CS–
from atmospheric hazards during initial date and time of determining that PRCSs, IHCSs contain no hazards or
entry into an IHCS. physical hazards remain isolated and contain isolated hazards. The Agency
Paragraph (d)(3). Employers would be the name and signature/initials of the believes that IHCS conditions afford
required to verify in writing the individual who made this employees optimum protection because
determinations made and the actions determination, the date and time of the likelihood of employee exposure to
taken under paragraphs (d)(1) and (d)(2) determining that atmospheric hazards a hazard during entry operations is
of this proposed section. The remain isolated and the name and extremely low. OSHA believes that
information provided in this signature/initials of the individual who requiring employers to have entry
documentation must include the: made this determination, name and rescue services available during IHCSs
Location of the IHCS, identity of the signature/initials of the individual who entry operations would discourage them
physical hazards, methods for isolating completed the verification document from classifying confined spaces as
the physical hazards, date and time the and the date and time the document was IHCSs, thereby denying employees the
physical hazards were isolated, date and completed. safety and health benefits associated
time of determining that physical Paragraph (e). This proposed with this classification. Nevertheless,
hazards remain isolated and the name paragraph contains two provisions employers must be able to rescue
and signature/initials of the individual regarding IHCSs during entry employees during IHCS operations
who made this determination, identity operations. Employers would be when required to do so by other OSHA
of the atmospheric hazards, methods for prohibited from having employees standards. For instance, if employers
isolating the atmospheric hazards, date continue to engage in entry operations use fall-arrest systems in IHCSs, then 29
and time the atmospheric hazards were unless these proposed provisions are CFR 1926.502(d)(20) requires that they
isolated, date and time of determining met. promptly rescue employees who
that atmospheric hazards remain Paragraph (e)(1). Employers would be experience an arrested fall, or assure
isolated and the name and signature/ required to ensure that the physical and that the employees are able to rescue
initials of the individual who made this atmospheric hazards identified in themselves.
determination, name and signature/ paragraphs (a)(1) and (a)(2) of this Paragraph (e)(2)(ii). This proposed
initials of the individual who completed proposed section remain isolated during paragraph requires employers to
this document, and date and time the entry operations. For example, identify the physical and atmospheric
hazards in accordance with paragraph equipment, when used appropriately result in employee injury or death. For
(b) of proposed § 1926.1204. Under under proposed § 1926.1216 example, if a gas monitor is not properly
paragraph (b)(2) of proposed (Controlled-atmosphere confined calibrated, it may fail to indicate a
§ 1926.1204, employers must reclassify spaces—requirements for classification dangerous hazard level, leading
the space as a PRCS when it is necessary and accident prevention and employees to incorrectly believe that it
for the entrant to enter the space to protection), would protect employees is safe to enter the space.
obtain the required information. When from the atmospheric hazards. The Under this proposed provision,
doing so, employers must comply with employer would also be required to employers also must ensure that
the accident-prevention and protection provide it where it is used to help employees use equipment properly to
requirements specified for PRCSs by establish planned conditions for entry meet the requirements of this proposed
proposed §§ 1926.1208 through operations under proposed §§ 1926.1208 standard. For instance, the cords of
1926.1214 (and, if applicable, proposed through 1926.1214 (PRCSs) or proposed electrical equipment must not be used
§ 1926.1215 for CS–PRCSs). The Agency § 1926.1215 (CS–PRCSs). In those to suspend or lower other equipment
believes that this proposed requirement instances, use of the equipment would into a confined space, or the exhaust
is necessary to ensure that the spaces be a significant factor in protecting the from powered equipment shall not be
are correctly assessed and to ensure that employees. used to provide heat for employees
the employees are protected while Paragraph (a)(3). The employer would inside a confined space. Meeting the
conducting the assessments. be required to provide personal requirements of this provision would
Paragraph (e)(2)(iii). This proposed protective equipment (PPE), including ensure that employees would not be
provision requires an employer to use respirators, when needed to comply injured or killed due to the unsafe use
the information about the confined with this proposed standard. When of equipment while performing work in
space that it obtained under paragraph employees use respirators, the respirator and around confined spaces.
(e)(2)(ii) of this proposed section, and requirements in 29 CFR 1926.103 Paragraph (b)(1). Under proposed
reclassify the evacuated space as either (Respiratory protection) must be met.4 paragraph (b)(1), the employer would be
a CS–PRCS, PRCS, CACS, or IHCS. The For example, failure to use the required to ensure that equipment used
employer must then follow the appropriate filters in a respirator can to meet requirements of this standard
precautions and safety procedures listed render its use ineffective, and would be complies with other applicable OSHA
for the space classification in the a violation of 29 CFR 1926.103. OSHA requirements with regard to
applicable sections of this proposed believes that when the appropriate PPE maintenance, calibration, and use.
standard. The employees cannot reenter is provided, maintained, and used in Accordingly, the employer must adhere
the space to perform their assigned tasks accordance with OSHA standards that to other OSHA standards that provide
until the employer determines that the address the identified hazard, the criteria for equipment such that the
conditions within the confined space employees will be protected from equipment will not injure or kill
meet the classification and prevention/ serious injury or death. (Note: The issue employees who must use it. For
protection requirements specified for of employer payment for PPE is the example, ventilation systems and any
the space. This requirement would subject of a separate rulemaking (see 64 fall protection used must meet the
ensure that employees receive FR 15402). The Agency has indicated requirements of appropriate OSHA
appropriate protection prior to that it will complete that rulemaking in standards.
reentering the confined space. the near future.) Paragraph (b)(2). This proposed
Paragraph (a)(4). The employer would provision would provide employers
Section 1926.1218—Equipment with alternatives in case no applicable
be required to provide any equipment
Paragraph (a). The provisions of this not already mentioned that is necessary OSHA standard is available to regulate
proposed paragraph specify the for safe confined-space operations. the maintenance, calibration, and use of
equipment employers would have to OSHA believes this proposed equipment required by this proposed
provide for confined-space operations. requirement would ensure that the standard.
These proposed provisions also require Paragraph (b)(2)(i). This proposed
appropriate equipment is available at
employers to properly maintain, provision would require employers to
the job site so employees receive
calibrate, and use the equipment use manufacturers’ instructions as the
adequate protection from hazards
required by this proposed standard. principal alternative when an OSHA
present during confined-space
Paragraph (a)(1). The employer would operations. Accordingly, the employer
standard is not available. Equipment
be required to provide and ensure the would have to identify this additional
manufacturers are most familiar with
use of the atmospheric-testing and equipment after conducting an
the components, configuration, and safe
-monitoring equipment needed to assessment of the confined space as
and healthful operation of their
comply with this proposed standard. required by the applicable sections of
equipment; this information places
OSHA believes that this equipment is this proposed standard, and then
them in the best position to specify the
essential for protecting employees from provide and ensure the use of it.
proper maintenance, calibration, and
atmospheric hazards. Paragraph (b). This proposed use of this equipment when an
Paragraph (a)(2). The employer would paragraph specifies requirements for appropriate OSHA standard is not
be required to provide forced-air equipment, including maintenance, available.
mechanical ventilation equipment when calibration, and use, needed to comply
Paragraph (b)(2)(ii). If neither an
needed to meet the requirements of this with this standard. OSHA believes the
OSHA standard nor manufacturers’
proposed standard. For example, the instructions are available to maintain,
use of improperly maintained or

employer would be required to provide calibrated equipment could severely
calibrate, and use equipment, this
such equipment if it is needed to meet compromise the testing and monitoring
proposed provision would require
the requirements of paragraphs (a)(2) of conditions within the space and
employers to follow the
and (d)(3) of proposed § 1926.1216 (for recommendations of a qualified
control of atmospheric hazards such as 4 29 CFR 1926.103 cross-references OSHA’s individual. As required by 29 CFR
dusts, fumes, mists, vapors, or gases). Respiratory Protection Standard at 29 CFR 1926.32(m), a properly qualified
Forced-air mechanical-ventilation 1910.134. individual would possess the
recognized training, education, Paragraph (b). The employer would be atmospheric hazards related to
professional standing, experience and/ required to retain for at least one year conditions within the IHCS, and OSHA
or demonstrated ability necessary to entry permits for all PRCS work believes that requiring construction
make decisions that will ensure the performed by their employees. The one- employers to maintain employee
proper maintenance, calibration, and year time period would begin on training records when they are not
use of equipment used in confined cancellation of the entry permit for any required by other OSHA standards
spaces. In making these reason (for example, evacuation of the would subject them to an unnecessary
recommendations, a qualified space or completion of the work burden.
individual may refer to other available specified by the permit). Employers that Paragraph (d). This paragraph would
sources such as national standards and perform PRCS work must retain entry require documents mandated in
industry-recognized safe work practices. permits to conduct the required 12- paragraphs (a)(3), (d)(4), and (e)(3) of
The Agency believes that the month review specified by paragraph proposed § 1926.1216 (CACSs) and
recommendations of a qualified (b)(1) of proposed § 1926.1214. paragraphs (a)(4) and (c)(3) of proposed
individual, in absence of applicable The note to this paragraph states that, § 1926.1217 (IHCSs) to be maintained by
OSHA standards and manufacturers’ when an entry permit meets the the employer until the work in the
instructions, would assure that definition of an ‘‘employee exposure confined space is completed. OSHA
equipment required by this proposed record’’ as defined by 29 CFR believes these documents are important
standard functions as it is designed to 1910.1020(c)(5), employers must retain administrative tools for employers who
do, thereby providing safe working the applicable entry permits for the perform work in these types of confined
conditions for employees in confined period specified in 29 CFR 1910.1020(d) spaces. Employees who work within or
spaces. (Preservation of records). (The around these types of confined spaces
provisions of 29 CFR 1910.1020 (Access will be able to better recognize
Section 1926.1219—Records to employee exposure and medical deficiencies in isolation and control
Paragraph (a). This proposed records) are made applicable to methods, or changes in the conditions
provision would require that the construction operations by 29 CFR within the confined space, when they
employer either maintain a copy of this 1926.33.) OSHA believes that requiring can reference these documents.
standard at the job sites where there is employers to maintain these exposure The Agency recognizes, however, that
a confined space or maintain a copy of records will give healthcare providers, confined spaces that are classified as
a written confined-space program at the in the event of an emergency, access to CACSs or IHCSs typically involve more
sites that incorporates the standard’s information about the substances and predictable and less complex hazard-
requirements. This proposed standard exposure levels the employee may have protection scenarios than those usually
was drafted and organized to direct experienced while working within a associated with CS–PRCSs and PRCSs.
employers through the steps necessary confined space. This information is Therefore, unlike PRCS entry permits,
to protect their employees from needed to enable medical care to be the Agency believes that it is not
confined-space hazards, especially effectively administered to injured necessary for employers to maintain the
employers who are unfamiliar with employees. CACS and IHCS verification documents
confined-space work and may not Paragraph (c). Employers would be for review and evaluation after the work
initially recognize the potential dangers required to maintain training records in is completed. Similar to the note to
of working within a confined space. accordance with proposed paragraph (b) of this proposed section,
OSHA believes that when an §§ 1926.1209(d)(5) (PRCSs) and the note in this proposed paragraph
employer has a copy of the construction 1926.1216(b)(2)(v) (CACSs). OSHA requires that these documents be
confined-spaces standard at the job site, believes that employee training records maintained for longer periods if they
along with the documentation required are an important administrative tool for constitute exposure records under 29
for each section, there is no need to also tracking which employees have received CFR 1910.1020 (Access to employee
have a written program. However, if an required training. Accordingly, these exposure and medical records).
employer instead prefers to maintain a training records need only be Paragraph (e). Employers would be
copy of a written confined-space maintained during the time in which required to make all documents
program at the job site, the proposed the employee continues to be employed required to be retained under this
provision gives such employers that by his/her employer. Requiring proposed standard available to the
option so long as that program employers to maintain employee Secretary of Labor upon request. The
incorporates the requirements of the training records for a longer period is request from the Secretary or the
proposed standard applicable to the especially burdensome to construction Secretary’s designee (for example,
employer’s work at the site. For employers because of the high employee OSHA) may be either oral or written.
example, if an employer works within turnover rates they typically experience. Unless another provision of this
chemical tanks that are not CS–PRCSs, This proposed paragraph requires proposed standard requires a document
and prefers to treat them as PRCSs employers to maintain employee to be maintained at the worksite, these
(rather than meeting CACS or IHCS training documents only for employees documents may be kept off site as long
requirements), such an employer may who work in PRCSs and CACSs, not for as they can be readily produced by the
opt to maintain a written program at employees who work in IHCSs. The employer. These documents pertain to
that site that addresses the requirements proposed paragraph did not include the determinations made and actions
for PRCSs but does not address CACS training records for employees who taken regarding hazards. They provide
and IHCS requirements. Whichever work in IHCSs because, unlike PRCSs valuable information to those inspecting
option the employer chooses, the and CACSs in which hazards are still the worksite in determining whether
Agency believes that it is necessary for present during confined-space elements of this proposed standard have
a written copy of this standard or the operations, IHCSs either contain no been met.
written confined-space program be hazards or employers isolate any
available at the site as a reference for hazards that are identified. Therefore, IV. Issues for Comment
employees who are involved with employees who perform work in an OSHA requests comments from the
implementing safe entry procedures. IHCS are not exposed to any physical or public on any issues related to this
proposed standard. However, OSHA is is monitoring. In the preamble especially whether it is adequate as
specifically requesting the public to discussion of this proposed provision, proposed, should remain performance
comment on, and provide additional OSHA states that this equipment may based as proposed but revised in some
information regarding, the issues listed include electronic equipment, such as fashion, or should specify an exact time
below. Please provide a detailed electronic audio and video tools, and for the rescue service to respond to the
rationale for each response made to that it is unrealistic to expect a single summons (for example, three minutes).
these issues. attendant to monitor multiple PRCSs 5. Maintaining CACS and IHCS
1. Comparison to subpart P. In a and to accomplish the other tasks verification documents. The
recent regulatory review of 29 CFR part assigned to him/her in paragraph (f) of requirements of paragraph (d) of
1926 subpart P (Excavations), a proposed § 1926.1211 without the proposed § 1926.1219 (Records) states
commenter stated that the Agency assistance provided by this electronic that employers need only maintain
should clarify that trenches are not equipment. OSHA is requesting public CACS and IHCS verification documents
confined spaces, while another comment on what means (other than until they complete the work in the
commenter recommended that, for ease electronic equipment) are available that confined space. In justifying this
of use, OSHA combine the excavation employers could use that would allow requirement, OSHA notes that CACSs or
standards in subpart P and this an attendant to effectively monitor IHCSs typically involve more
proposed standard for confined spaces multiple PRCSs and to accomplish other predictable and less complex hazard-
into a single standard (Ex. 2–7, OSHA assigned tasks, while simultaneously protection conditions than PRCSs;
Docket No. S–204A). In addition, providing employees with the same consequently, the need to review and
another commenter noted that 29 CFR level of protection they would receive evaluate CACS and IHCS verification
1926.651(g)(1)(iii) of subpart P states when an attendant monitors only a documents is less than for PRCS entry
that the lower flammable limit (LFL) is single PRCS. permits, which employers must
20 percent for an atmosphere containing 3. Mechanical device for vertical maintain for at least one year to evaluate
a flammable gas, while the definition of retrieval during rescue. Paragraph (a)(3) the safety and efficacy of entry
‘‘hazardous atmosphere’’ in paragraph of proposed § 1926.1213 would require operations. Therefore, the Agency
(b) of the general industry confined- that employers use a mechanical device believes that it is not necessary for
spaces standard specifies an LFL of 10 for retrieving employees from a PRCS employers to maintain the CACS and
percent for a flammable gas, vapor, or when such retrieval involves vertical IHCS verification documents for review
mist (Ex. 2–4, OSHA Docket No. S– distances over five feet (1.52 m). In the and evaluation after the work is
204A). This proposed standard for preamble discussion of this proposed completed. OSHA is seeking comment
confined spaces in construction adopts paragraph, OSHA noted that securing on whether CACS and IHCS entry
an LFL of 10 percent in its definition of the retrieval line to an anchor point or operations warrant maintaining the
‘‘hazardous atmosphere,’’ which is the using a simple pulley for this purpose verification documents for a longer
same LFL as in the general industry could endanger the authorized entrant period than specified by this proposed
standard and in the ANSI Z117.1–2003 because most attendants do not have provision. If so, the Agency is
industry consensus confined-spaces sufficient strength and stamina to lift a requesting commenters to identify these
standard. The commenter requested that disabled entrant over a vertical distance conditions and recommend how long
OSHA make these LFL requirements of more than five feet. However, the the period should be.
similar. Agency also noted in this discussion 6. Rescue Service Preparation and
In section III (‘‘Summary and that it recognizes that using the required Changes in Confined-Space
Explanation of the Proposed Standard’’) mechanical devices may present Configuration. The requirements of
of this proposal, the Agency notes that problems to employers because some proposed § 1926.1213(b)(1) states that
paragraph (b) of proposed § 1926.1202 PRCSs may lack room to position the employers ‘‘must ensure that the entry
clearly states that excavations covered equipment above the entry point, or rescue service can effectively perform
by subpart P are not confined spaces employers may need to keep the entry entry-rescue tasks in the PRCSs the
covered by this proposed standard. clear for the attendant to observe the authorized entrant(s) will enter.’’ In
OSHA believes that subpart P provides authorized entrants while they are addition, proposed § 1926.1213(b)(1)(ii)
sufficient protection from confined- working. Therefore, OSHA is requesting requires employers to ensure that the
space hazards during excavation work. commenters to provide information on entry rescue-service: ‘‘Prior to beginning
However, the Agency would be other alternatives (other than using operations, has access to the PRCS the
interested in comments on this anchor points and/or simple pulleys) authorized entrants will enter or to a
proposed exception, as well as on the that employers could use for this Simulated PRCS so the entry rescue
recommendation to combine the purpose that would not occlude the service can develop appropriate rescue
excavation standard and this proposed PRCS entrance, or would be less plans and practice rescue operations.’’
standard into a single standard. obtrusive than the mechanical devices OSHA estimates that the majority of
Additionally, OSHA requests comment required by this proposed provision. construction employers who perform
on the advisability of reconciling the 4. Timely response to a rescue work within confined spaces will rely
difference in LFLs between the summons. Paragraph (b)(1)(i) of upon public-sector emergency services
excavation standard in subpart P and proposed § 1926.1213 specifies that the to perform rescue services. Accordingly,
this proposed standard, including employer must ensure that the rescue the Agency is seeking comments from
which LFL (that is, 10 percent or 20 service can respond to a rescue the public regarding any difficulties
percent) should be adopted. summons in a timely manner, and employers have experienced with
2. Equipment necessary for a single defines the term ‘‘timeliness’’ as a public-sector emergency services being
attendant to monitor multiple PRCSs. function of how quickly a rescue service unable to perform entry rescues in
Paragraph (f)(3)(ii) of proposed needs to reach an employee to prevent confined spaces that rapidly change in
§ 1926.1210 requires employers to further serious physical harm that may configuration during the construction
provide the equipment needed by an result from hazards in the PRCS while process. For example, have instances
attendant to respond to an emergency waiting to be rescued. OSHA is occurred when public-sector emergency
affecting any of the PRCSs the attendant soliciting comments on this definition, services were unable to perform entry
rescues because the configuration of a significant risk faced by employees CONSAD Research Corporation (Ex.
space changed during the performance working in confined spaces (see OSHA–2007–0026–0003).
of construction activities, and the size Industrial Union Dept. v. American
Need for Regulation
and type of the rescue service’s Petroleum Institute, 448 U.S. 607, 655
equipment was unsuitable for the (1980); International Union v. Employees in work environments
reconfigured space? Is it feasible for Pendergrass, 878 F.2d 389, 392–93 (DC addressed by the proposed standard are
employers to plan for changes in the Cir. 1989); Building and Construction exposed to a variety of significant
configuration of confined spaces, and to Trades Dept., AFL–CIO v. Brock, 838 hazards that can and do cause serious
communicate this information to public- F.2d 1258, 1264–65 (DC Cir. 1988)). injury and death. The risks to
sector emergency services so that the OSHA also made a preliminary finding employees are excessively large due to
rescue services can properly train and that the proposed rule is technologically the existence of market failures, and
equip themselves to perform entry feasible because the protective measures existing and alternative methods of
rescues in the changing spaces? it requires already exist (see American alleviating these negative consequences
Textile Mfrs. Institute v. OSHA (Cotton have been shown to be insufficient.
V. Procedural Determinations After carefully weighing the various
Dust), 452 U.S. 490, 513 (1981);
A. Legal Authority American Iron and Steel Institute v. potential advantages and disadvantages
OSHA (Lead II), 939 F.2d 975, 980 (DC of using a regulatory approach to
The purpose of the Occupational improve upon the current situation,
Safety and Health Act of 1970, (‘‘the Cir. 1991)).
OSHA preliminarily concludes that in
Act’’; 29 U.S.C. 651 et seq.), is ‘‘to assure The Agency believes that the
this case the proposed mandatory
so far as possible every working man proposed rule is economically feasible
standard represents the best choice for
and woman in the nation safe and because the construction industry can
reducing the risks to employees.
healthful working conditions and to absorb or pass on the costs of
preserve our human resources.’’ (29 compliance without threatening its Affected Industries
U.S.C. 651(b).) To achieve this purpose, long-term profitability or competitive The proposal would affect employers
Congress authorized the Secretary of structure (see Cotton Dust, 452 U.S. at and employees in a variety of different
Labor to promulgate and enforce 530 n. 55 (1981); Lead II, 939 F.2d 975, construction industries in which
occupational safety and health 980 (DC Cir. 1991)). Moreover, the confined spaces are entered as part of
standards. (29 U.S.C. 655(b) and 658.) preliminary economic analysis of the the performance of work duties. These
Under the Act, a safety or health proposed rule describes the benefits and industries include firms involved in
standard is a standard ‘‘which requires costs of the proposed rule (see section construction projects such as multi-
conditions, or the adoption or use of one V.B. of this preamble, ‘‘Summary of the family housing; industrial buildings and
or more practices, means, methods, Preliminary Economic Analysis and warehouses; other non-residential
operations, or processes, reasonably Initial Regulatory Flexibility Analysis’’). buildings; highway and street
necessary or appropriate to provide safe Based on this information, OSHA made construction; water, sewer, power, and
or healthful employment or places of a preliminary determination that the communication line construction; and
employment.’’ (29 U.S.C. 652(8).) A proposed rule is an economically other construction projects in which
standard is reasonably necessary or feasible means of meeting its statutory confined spaces may be present. The
appropriate within the meaning of objective of reducing the risk associated firms that would be primarily affected
Section 652(8) when it substantially with employee exposure to confined by the proposed standard would be
reduces or eliminates significant risk, spaces (see Cotton Dust, 453 U.S. at 514 those that have overall responsibility for
and is technologically and economically n. 32 (1981); LOTO II, 37 F.3d 665, 668 the work done on a particular
feasible, cost effective, consistent with (DC Cir. 1994)). construction project involving a
prior Agency action or supported by a B. Summary of the Preliminary confined space, including the work of
reasoned justification for departing from Economic Analysis and the Initial their own employees and that of any
prior Agency action, and supported by Regulatory Flexibility Analysis subcontractors.
substantial evidence; it also must
effectuate the Act’s purposes better than Under Section 6(b) of the Benefits, Net Benefits, and Cost
any national consensus standard it Occupational Safety and Health Act of Effectiveness
supersedes (see International Union, 1970 (‘‘the Act’’; 29 U.S.C. 655), OSHA The proposed standard is expected to
UAW v. OSHA (LOTO II), 37 F.3d 665 must ensure and demonstrate that result in an increased degree of safety
(DC Cir. 1994; and 58 FR 16612–16616 standards promulgated under the Act for the affected employees. Compliance
(March 30, 1993)). Rules promulgated are reasonably necessary or appropriate, with the relevant provisions of the
by the Agency must be highly protective as well as technologically and standard is expected to reduce the
(see 58 FR 16612, 16614–15 (March 30, economically feasible. Executive Order numbers of accidents, fatalities, injuries,
1993); LOTO II, 37 F.3d 665, 669 (DC 12866, the Regulatory Flexibility Act, and illnesses associated with the
Cir. 1994)). Moreover, Section 8(g)(2) of and the Unfunded Mandates Reform Act affected projects (Ex. OSHA–2007–
the Act authorizes OSHA ‘‘to prescribe also require OSHA to estimate the costs, 0026–0002).
such rules and regulations as [it] may assess the benefits, and analyze the Preliminary estimates indicate that
deem necessary to carry out its impacts of certain rules that the Agency about six fatalities and 880 injuries
responsibilities under the Act’’ (see 29 promulgates. Accordingly, OSHA has could be avoided annually through full
U.S.C. 657(g)(2)). prepared a Preliminary Economic compliance with the provisions of the
OSHA based the proposed rule on Analysis (PEA) for this proposed proposed standard. Applying an average
evidence that its provisions are standard. The complete PEA can be monetary value of $50,000 per
necessary to ensure proper employee found in OSHA Docket OSHA–2007– prevented injury, and an average
protection when they are exposed to 0026 (Ex. OSHA–2007–0026–0002); a monetary value of $6.8 million per
confined spaces. Accordingly, the summary of the analysis is presented prevented fatality, results in an
Agency believes that the proposed here. OSHA based the PEA largely on estimated monetized benefit of about
provisions will substantially reduce the research conducted for this purpose by $85 million annually.
Additional benefits associated with would be easier to understand and to standard, and shows the net benefits
this rulemaking involve providing apply than the various requirements and cost effectiveness of the standard.
updated, clear, and comprehensive currently applicable to such work. They Net benefits are estimated to be $8.2
information about appropriate safety will benefit employers and employees million annually. The cost effectiveness
requirements and procedures regarding by facilitating compliance, while of the standard can be expressed as the
construction work in confined spaces to improving safety. The benefits prevention of approximately one fatality
the relevant employers, employees, and associated with providing updated and and 147 injuries per $13 million in
interested members of the public. OSHA clear safety standards have not been costs, or alternatively, $1.11 of benefits
believes that the updated standard monetized or quantified. per dollar of cost.
Table 2 below provides a summary of
would enhance employee safety and
the costs and benefits of the proposed
TABLE 2.—NET BENEFITS AND COST EFFECTIVENESS
Requirement Cost
Annualized Costs
Evaluation, classification, and notification ................................................ $5.6 million.
Issue permits, verify safety, and review procedures ................................ $6.1 million.
Provide ventilation and isolate hazards ................................................... $6.0 million.
Atmospheric monitoring ............................................................................ $11.7 million.
Attendant .................................................................................................. $14.0 million.
Respiratory protection .............................................................................. $10.0 million.
Rescue capability ..................................................................................... $9.6 million.
Training ..................................................................................................... $8.1 million.
Other requirements ................................................................................... $5.7 million.
Total annual costs ......................................................................... $76.8 million.
Benefit Quantity
Annual Benefits
Number of fatalities prevented ................................................................. 6.
Number of injuries prevented ................................................................... 880.

Monetized benefits (assuming $6.8 million per fatality and $50,000 per $85 million.
injury prevented).
OSHA standards updated and clarified .................................................... Not quantified.
Total annual benefits ................................................................................ 6 fatalities and 880 injuries prevented.
Net annual benefits (benefits minus costs) .............................................. $8.2 million.
Cost effectiveness .................................................................................... 1 fatality and 147 injuries prevented per $13 million or $1.11 of benefits
per $1.00 of cost.
Note: Costs represent 2002 dollars. and notification of confined spaces ($5.6 an assessment of potential economic
million); issuing entry permits, verifying impacts.
OSHA recognizes that uncertainties
the safety of spaces, and reviewing The costs of compliance with the
may be associated with estimates of proposed rule are not large in relation
procedures ($6.1 million); isolating
benefits. Therefore, OSHA is asking for to the corresponding annual financial
hazards and providing sufficient
public comment on the overall estimates flows associated with the regulated
ventilation ($6.0 million); conducting
of benefits addressed by the proposed activities. The estimated costs of
atmospheric monitoring ($11.7 million);
standard, and the methodology used to compliance represent about 0.1 percent
providing an attendant ($14.0 million);
determine the effectiveness of the or less of revenues for each affected
providing a complete respiratory-
standard in preventing death and injury. industry. Alternatively, the compliance
protection program as required by 29
Compliance Costs CFR 1926.103 ($10.0 million); providing costs represent less than 1 percent of
rescue capability ($9.6 million); profits for most affected industries, and
The estimated compliance costs for providing training ($8.1 million); and no more than 2.5 percent of profits for
this proposed standard represent the other requirements ($5.7 million). any affected industry.
additional costs necessary for employers The economic impact of the proposed
to achieve full compliance. They do not Economic Impacts rule is most likely to consist of a small
include costs incurred by employers To assess the effects and magnitude of increase in prices for affected
who already are complying with the the economic impacts associated with construction projects of less than 0.03
new requirements that would be compliance with the proposed rule, percent on average. It is unlikely that a
imposed by the proposed standard (Ex. OSHA developed quantitative estimates price increase on the magnitude of 0.03
OSHA–2007–0026–0002). of the potential economic impact of the percent or less will significantly alter
The total annual cost of compliance requirements on entities in each of the the services demanded by the public or
with the proposed standard is estimated affected industry sectors (Ex. OSHA– any other affected customers or
to be about $77 million. The major 2007–0026–0002). The estimated costs intermediaries. If the compliance costs
provisions involving compliance costs of compliance were compared with of the proposed rule can be substantially
include the evaluation, classification, industry revenues and profits to provide recouped with a minimal increase in
prices, there may be little or no effect on small entities to which the proposed The Regulatory Flexibility Act further
profits. rule will apply; states that the required elements of the
OSHA concludes that compliance 5. A description of the projected IRFA may be performed in conjunction
with the requirements of the proposed reporting, recordkeeping and other with or as part of any other agenda or
rule is economically feasible in every compliance requirements of the analysis required by any other law if
affected industry sector. In addition, proposed rule, including an estimate of such other analysis satisfies the relevant
based on an analysis of the costs and the classes of small entities that will be provisions. The following paragraphs
economic impacts associated with this subject to the requirements and the type discuss each of the elements of the
rulemaking, OSHA preliminarily of professional skills necessary for IRFA.
concludes that the effects of the preparation of the report or record;
proposed standard on international 6. An identification, to the extent 1. Impact of the Proposed Rule on Small
trade, employment, wages, and practicable, of all relevant Federal rules Entities.
economic growth for the United States that may duplicate, overlap or conflict
would be negligible. with the proposed rule; and OSHA has analyzed the potential
7. A description and discussion of any impact of the proposed standards on
Initial Regulatory Flexibility Analysis significant alternatives to the proposed small entities. The total annual cost of
The Regulatory Flexibility Act, as rule that accomplish the stated compliance with the proposal for small
amended in 1996, requires the objectives of applicable statutes and that entities is estimated to be $42.4 million,
preparation of an Initial Regulatory minimize any significant economic as shown by industry in Table 3. To
Flexibility Analysis (IRFA) for certain impact of the proposed rule on small assess the potential economic impact of
proposed rules. (5 U.S.C. 601–612.) entities, including: the proposal on small entities, OSHA
Under the provisions of the law, each (a) The establishment of differing calculated the ratios of compliance costs
such analysis shall contain: compliance or reporting requirements or to profits and to revenues. These ratios
timetables that take into account the are presented for each affected industry
1. A description of the impact of the
resources available to small entities; in Table 3. OSHA expects that among
proposed rule on small entities;
(b) The clarification, consolidation, or
2. A description of the reasons why small entities potentially affected by the
simplification of compliance and
action by the agency is being proposal, the average increase in prices
reporting requirements under the rule
considered; for such small entities; necessary to completely offset the
3. A succinct statement of the (c) The use of performance rather than compliance costs would be 0.02 percent.
objectives of, and legal basis for, the design standards; and The average price increase necessary to
proposed rule; (d) An exemption from coverage of completely offset compliance costs
4. A description of and, where the rule, or any part thereof, for such would not exceed 0.12 percent among
feasible, an estimate of the number of small entities. small entities in any industry.
TABLE 3.—POTENTIAL ECONOMIC IMPACTS FOR SMALL ENTITIES (SBA DEFINITION)

Costs as a Costs as a
Small entity Small entity
Compliance percent of percent of
Industry code Industry name revenues profits
costs revenues profits
($000) ($000) (%) (%)
SIC 1522 .......... Residential Housing—Multi-family ........ $5,725,951 $11,495,106 $505,785 0.05 1.13
SIC 1541 .......... Industrial Buildings and Warehouses ... 5,866,386 19,360,399 793,776 0.03 0.74
SIC 1542 .......... Other Nonresidential Buildings ............. 11,180,340 91,307,565 3,287,072 0.01 0.34
SIC 1611 .......... Highway and Street Construction ......... 6,010,530 26,957,228 1,186,118 0.02 0.51
SIC 1622 .......... Bridges, Tunnels, and Elevated High- 4,842,583 3,933,715 110,144 0.12 4.40
ways.
SIC 1623 .......... Water, Sewer, Power, and Commu- 1,494,314 18,867,729 641,503 0.01 0.23
nication Lines.
SIC 1629 .......... Heavy Construction, Not Elsewhere 5,304,682 15,031,723 977,062 0.04 0.54
Classified.
SIC 1791 .......... Structural Steel Erection Contractors ... 2,023,887 5,160,641 258,032 0.04 0.78
Total 1 ........ ............................................................... 42,448,675 192,114,106 7,759,492 0.02 0.55

1 For all Affected Industries.
Only to the extent that such price would be no more than 4.4 percent in compliance costs to profits and to
increases are not possible would there any of the affected industries. revenues. These ratios are presented for
be any effect on the average profits of To further ensure that potential each affected industry in Table 4. OSHA
small entities. Even in the unlikely impacts on small entities were fully expects that among very small entities
event that no costs could be passed analyzed and considered, OSHA also potentially affected by the proposed
through, the compliance costs could be separately examined the potential standards, the average increase in prices
completely absorbed through an average impacts of the proposed standards on necessary to completely offset the
reduction in profits of 0.55 percent. In very small entities, defined as those compliance costs would be 0.03 percent.
most affected industries the compliance with fewer than 20 employees. To assess
costs could be completely absorbed the potential economic impact of the
through an average reduction in profits proposed standards on very small
of less than 1 percent; the reduction entities, OSHA calculated the ratios of
TABLE 4.—POTENTIAL ECONOMIC IMPACTS ON VERY SMALL ENTITIES (FEWER THAN 20 EMPLOYEES)
Costs as a Costs as a
Very small entity Very small en-
Compliance percent of percent of
Industry code Industry name revenues tity profits
costs revenues profits
($000) ($000) (%) (%)
SIC 1522 .......... Residential Housing—Multi-family ........ $3,654,087 $7,366,193 $103,127 0.05 3.54
SIC 1541 .......... Industrial Buildings and Warehouses ... 2,790,417 8,612,408 310,047 0.03 0.90
SIC 1542 .......... Other Nonresidential Buildings ............. 5,186,374 36,053,770 1,117,667 0.01 0.46
SIC 1611 .......... Highway and Street Construction ......... 1,880,936 6,869,911 82,439 0.03 2.28
SIC 1622 .......... Bridges, Tunnels, and Elevated High- 1,234,911 797,366 45,450 0.15 2.72
ways.
SIC 1623 .......... Water, Sewer, Power, and Commu- 531,241 6,186,875 327,904 0.01 0.16
nication Lines.
SIC 1629 .......... Heavy Construction, Not Elsewhere 4,256,837 10,014,249 80,114 0.04 5.31
Classified.
SIC 1791 .......... Structural Steel Erection Contractors ... 817,833 2,023,377 22,257 0.04 3.67
Total 1 ........ ............................................................... 20,352,635 77,924,149 2,089,005 0.03 0.97

1 For All Affected Industries
Only to the extent that such price Agency is provided in other sections of this proposal, including an analysis of
increases are not possible would there the preamble of this proposal. the type and number of small entities to
be any effect on the average profits of which the proposed rule would apply,
3. Statement of the Objectives of, and
very small entities. Even in the unlikely Legal Basis for, the Proposed Rule as described above. In order to
event that no costs could be passed determine the number of small entities
through, the compliance costs could be The primary objective of the proposed potentially affected by this rulemaking,
completely absorbed through an average standard is to provide an increased OSHA used the definitions of small
reduction in profits of 0.97 percent degree of occupational safety for
entities developed by the Small
among affected very small entities. employees performing construction
Business Administration (SBA) for each
work in confined spaces. As stated
2. A Description of the Reasons Why industry.
above, an estimated 880 injuries and six
Action by the Agency is Being fatalities would be prevented annually For the construction industry
Considered through compliance with the proposed generally, SBA defines small businesses
standard. Another objective of the using revenue-based criteria. For most
Employees performing construction proposed rulemaking is to provide of the affected construction industries,
work in confined spaces are potentially updated, clear, and comprehensive including those which are mostly
exposed to a variety of significant safety standards regarding construction comprised of general contractors, firms
hazards that can and do cause serious work in confined spaces to the relevant with annual revenues of less than $28.5
injury and death. Based on research employers, employees, and interested million are classified as small
conducted by CONSAD (Ex. OSHA– members of the public. businesses. For specialty contractors,
2007–0026–0003), OSHA estimates that The legal basis for the rule is the such as structural steel erection
an average of 967 serious injuries and responsibility given the Department of
contractors, firms with annual revenues
6.5 fatalities occur annually among Labor through the Occupational Safety
of less than $12 million are considered
these workers, and that an estimated six and Health (OSH) Act of 1970. The OSH
to be small businesses.
fatalities and 880 injuries would be Act authorizes and obligates the
prevented annually through full Secretary of Labor to promulgate The proposed standard would
compliance with the proposed standard. mandatory occupational safety and primarily impact firms that are general
health standards as necessary ‘‘to assure contractors on projects for which
Additional benefits associated with
so far as possible every working man employees must enter confined spaces
this rulemaking involve providing and woman in the Nation safe and for purposes of performing construction
updated, clear, and comprehensive healthful working conditions and to work. Based on the definitions of small
safety standards regarding construction preserve our human resources.’’ 29
work in confined spaces to the relevant entities developed by SBA for each
U.S.C. 651(b). The legal authority can industry, the proposal is estimated to
employers, employees, and interested also be cited as 29 U.S.C. 655(b); 40
members of the public. The existing potentially affect a total of 86,012 small
U.S.C. 333. entities, as shown in Table 5. Included
OSHA standards for the construction
industry do not directly address work in 4. Description of and Estimate of the in this number are an estimated 74,088
confined spaces in a comprehensive Number of Small Entities To Which the entities with fewer than 20 employees.
manner. An additional and more Proposed Rule Will Apply
complete discussion of the reasons why OSHA has completed a preliminary

this standard is being proposed by the analysis of the impacts associated with
TABLE 5.—PROFILE OF POTENTIALLY AFFECTED SMALL ENTITIES

Establish- Number of
Number of Number of Number of
ments oper- employees
Industry small enti- employees very small
Industry name ated by of very
code ties (SBA of small entities (<20
small small
definition) entities employees)
entities entities
SIC 1522 Residential Housing—Multi-family ..................................... 7,328 7,334 46,593 6,879 29,734
SIC 1541 Industrial Buildings and Warehouses ................................ 8,342 8,353 80,498 7,254 38,290
SIC 1542 Other Nonresidential Buildings .......................................... 29,483 29,523 311,451 25,710 144,477
SIC 1611 Highway and Street Construction ...................................... 10,068 10,113 149,342 7,940 46,735
SIC 1622 Bridges, Tunnels, and Elevated Highways ........................ 996 1,001 20,360 673 5,192
SIC 1623 Water, Sewer, Power, & Communication Lines ................ 10,582 10,597 144,659 8,470 51,427
SIC 1629 Heavy Construction, Not Elsewhere Classified ................. 15,173 15,194 120,414 13,888 96,629
SIC 1791 Structural Steel Erection Contractors ................................ 4,040 4,043 48,514 3,274 19,604
Totals ............................................................................................ 86,012 86,158 921,831 74,088 432,088

Source: CONSAD (Ex. OSHA–2007–0026–0003), Tables 7.1 and 7.2.
5. Description of the Projected generically addressing obligations to was not considered to be a viable option
Reporting, Recordkeeping and Other provide training or to provide under the OSH Act because the safety
Compliance Requirements of the respiratory protection when and health of the affected employees
Proposed Rule appropriate. OSHA has clarified the would be unduly jeopardized. The OSH
OSHA is proposing a standard that relationship between the proposed Act contains no explicit provision that
would address the work practices to be standard and other pre-existing permits an exemption of small entities
used, and other requirements to be construction standards that may be for purposes of setting safety and health
followed, for performing construction applicable in a confined space. In standards.
work in confined spaces. Employers § 1926.1202(c), as well as Appendix A, Many other specific alternatives to the
would be required to keep records OSHA has explained how overlapping proposed requirements were considered
associated with work in confined spaces standards would interact with each and discussed elsewhere in the
as specified by the standard. Records other, and the obligations of an preamble. The Small Business
would include entry permits and employer in such situations. OSHA has Advocacy Review Panel, which was
verification documents. Regular also explained in the preamble how convened for purposes of soliciting
reporting would not be required by the practical situations would be evaluated comments on the proposal from affected
proposed standard; however, employers under the requirements of the draft small entities, addressed several
would be required to demonstrate standard when it overlaps with another alternatives. A discussion of these
compliance with the recordkeeping OSHA requirement. OSHA has not alternatives is provided below in Table
requirements as part of OSHA identified any other Federal rules that 6. Nonregulatory alternatives were also
compliance inspections. may duplicate, overlap, or conflict with considered in determining the
Other compliance requirements of the the proposal, and requests comments appropriate approach to reducing
proposed standard include, as required, from the public regarding this issue. occupational hazards associated with
the evaluation and classification of 7. Alternatives to the proposed rule construction work in confined spaces.
confined spaces, isolating hazards and which accomplish the stated objectives These alternatives were discussed in
providing sufficient ventilation, of applicable statutes and which Chapter III of the preliminary economic
conducting atmospheric monitoring, minimize any significant economic analysis (Ex. OSHA–2007–0026–0002).
providing an attendant, providing impact of the proposed rule on small Recommendations of the Small Business
respiratory protection, providing rescue entities Advocacy Review Panel
capability, and providing training.
The preamble to the proposed OSHA evaluated many alternatives to On September 26, 2003, OSHA
standard provides a comprehensive the proposed standards to ensure that convened a Small Business Advocacy
description of, and further detail the proposed requirements would Review Panel (‘‘Panel’’) for this
regarding, the provisions of the accomplish the stated objectives of rulemaking in accordance with the
proposed rulemaking. A description of applicable statutes and would minimize provisions of the Small Business
the types of entities that would be any significant economic impact of the Regulatory Enforcement Fairness Act of
subject to the new and revised proposal on small entities. In 1996 (Pub. L. 104–121), as codified at 5
requirements, and the types of developing the proposal, and especially U.S.C 601 et seq. The Panel consisted of
professional skills necessary for in establishing compliance or reporting representatives of OSHA, of the Office
compliance with the requirements, is requirements or timetables that affect of Information and Regulatory Affairs
presented in greater detail in the small entities, the resources available to (OIRA) in the Office of Management and
preliminary economic analysis (Ex. small entities were taken into account. Budget (OMB), and of the Office of
OSHA–2007–0026–0002). Compliance and reporting requirements Advocacy within the U.S. Small
under the proposal applicable to small Business Administration (SBA). The

6. Federal Rules Which May Duplicate, entities were clarified, consolidated, Panel received oral and written
Overlap or Conflict With the Proposed and simplified to the extent practicable. comments on a draft proposal and a
Rule Wherever possible, OSHA has proposed draft economic analysis from small
OSHA recognizes that this proposed the use of performance rather than entities that would potentially be
standard may overlap with provisions in design standards. An exemption from affected by this rulemaking. The Panel,
other part 1926 standards, such as those coverage of the rule for small entities in turn, prepared a written report which
was delivered to the Assistant Secretary Panel to OSHA regarding the proposal corresponding answers or changes made
for Occupational Safety and Health. The and the associated analysis of by OSHA in response to the issues
report summarized the comments compliance costs. Table 6 below lists raised.
received from the small entities, and each of the recommendations made by
included recommendations from the the Panel and describes the
TABLE 6.—SUMMARY OF SMALL BUSINESS ADVOCACY REVIEW PANEL RECOMMENDATIONS AND OSHA RESPONSES
Panel recommendation OSHA’s response
1. The SERs generally believed that OSHA had underestimated the The Agency relied on the comments from the SERs to help ensure that
costs of the draft proposed standard. OSHA is committed by law to the estimated costs of compliance with the proposed standard would
develop its analyses using the best available evidence, and it will reflect the actual costs that businesses could be expected to incur
consider carefully the SER comments in the light of this test. The when complying with the requirements specified by the draft pro-
Panel recommends that OSHA revise its economic and regulatory posed standard. OSHA incorporated the comments from the SERs in
flexibility analysis as appropriate to reflect the SERs’ comments on the development of the proposed standard and the associated anal-
underestimation of costs, and that the Agency compare OSHA’s re- ysis in three ways. First, some requirements (such as those address-
vised estimates to alternative estimates provided by the SERs. For ing hazardous-enclosed spaces) were eased or eliminated altogether
those SER estimates that OSHA does not adopt, OSHA should ex- in light of the information provided and issues raised by the SERs
plain its reasons for preferring an alternative estimate, and solicit with regard to achieving compliance in real-world situations. Second,
comment on the issue. some requirements (such as those involving communications to/from
controlling employers and the classification of spaces) were revised
or clarified to avoid the potential for misinterpretations regarding the
applicability of requirements and the specific actions necessary to
ensure compliance, which appeared to be a source of misinterpreta-
tion among the SERS when they reviewed the estimates of compli-
ance costs in the draft proposed standard. Third, OSHA revised up-
wards the estimated costs of compliance associated with some re-
quirements (such as those involving training and atmospheric moni-
toring). The revisions are each discussed in further detail below in
the responses to the specific Panel recommendations separately ad-
dressing each of these issues.
2. Many SERs observed that OSHA had underestimated the cost of The Agency reviewed its estimates of the costs of complying with the
training. They were concerned particularly about the length of time training requirements in the proposed standard in light of the addi-
required for training, training the trainers, renewal training, and multi- tional information provided by the SERs. Many SERs expressed that
lingual training. The SERs also noted that much retraining could be they already train employees to comply with the general industry
avoided if OSHA adopted the general industry rule because most standard. While some new terms, equipment, and information ex-
firms already have trained their employees on that rule. Some SERs change requirements have been introduced in the proposed con-
also noted that they still need to train employees on the general in- struction standard, the core provisions in the proposed construction
dustry standard because some of their work would come under the standard are already required by the general industry standard.
general industry standard. In these situations, they would need to Therefore, OSHA believes that because the proposed standard re-
continue training on the general industry standard while adding train- tains most of the requirements of the general industry standard,
ing on the Construction standard, and on how employees should de- there will be only minimal additional costs for employers in training
termine which standard applies. Because OSHA’s economic analysis employees to comply with the construction standard. As such, it is
examined training on a project basis, it is difficult to compare anticipated that employers who are already familiar with the general
OSHA’s cost estimates to the estimates provided by the SERs. The industry standard will find that they already comply with the draft
Panel recommends that OSHA carefully analyze the SERs’ com- construction standard in everyday work, therefore minimizing the
ments on training costs by developing methods for comparing these amount of possible ‘‘retraining’’ necessary. However, under the pro-
cost estimates to those estimates provided in OSHA’s economic posed standard, OSHA has decided not to allow compliance with the
analysis. OSHA then should compare these costs to its present cost general industry standard in lieu of compliance with the construction
estimates, and revise its training costs as necessary based on all of industry standard for construction projects since there are situations
the available information. where the general industry standard would not adequately protect
construction employees because of the unique characteristics of con-
struction work (see section II.B. (‘‘History’’) of this notice for a discus-
sion of this issue.).
As a result of the comments submitted by the SERs, OSHA incor-
porated additional cost elements in its estimates of training costs that
effectively doubled the cost estimates initially provided to the SERs.
To facilitate comparability, OSHA also converted the estimated costs
from project-based estimates to employer-based estimates. Under
the proposed standard, on an average annual basis, estimated train-
ing costs would be equivalent to ten hours of employee time plus
one hour of supervisor time for each employee; in addition, 32 hours
of supervisory time plus eight hours of clerical time (or an equivalent
cost) would be spent every five years to develop and review the
training program.
TABLE 6.—SUMMARY OF SMALL BUSINESS ADVOCACY REVIEW PANEL RECOMMENDATIONS AND OSHA RESPONSES—
Continued
3. Many SERs stated that OSHA had neglected some elements of The Agency reviewed its estimates of the costs of complying with the
monitoring costs, such as the need for a competent person to con- atmospheric-monitoring requirements in the proposed standard in
duct the monitoring, the need for the entire crew to wait while a su- light of the additional information provided by the SERs. As a result
pervisor performs the monitoring, the short life span in the field of of the comments submitted by the SERs, OSHA incorporated addi-
monitoring equipment, and costs associated with calibrating the tional cost elements in its estimates of monitoring costs that in-
equipment. Those SERs affected by the hazardous-enclosed spaces creased the cost estimate initially provided to the SERs by almost $6
portion of the draft proposed rule were concerned particularly about million per year. The costs associated with setting up monitoring
increased monitoring costs. The Panel notes that if the SERs’ views equipment were increased to 20 minutes (instead of 10 minutes) to
about the life of equipment and the need for the entire crew to sus- reflect the possibility of additional losses of productive work time by
pend work during monitoring are correct, and no other assumptions other employees. The costs associated with purchasing and main-
are changed, the costs of monitoring would be three to five times taining the necessary monitoring equipment were doubled from
higher than OSHA estimated, adding $6 to $12 million to the cost of $1,400 every five years to $1,400 every 2.5 years to reflect various
the draft proposed standard. The Panel recommends that OSHA incidental costs identified by the SERs, and to reflect less-than-ideal
consider these factors and revise its monitoring-cost estimates ac- real world conditions and unanticipated occurrences that can in-
cordingly, and that monitoring costs reflect the total actual costs as- crease actual costs. OSHA also doubled the costs associated with
sociated with conducting monitoring, including the cost of trans- periodic calibration of the equipment to reflect possible additional
porting and maintaining equipment, and the costs associated with time and costs associated with the transportation of equipment and
crew members waiting for the completion of monitoring activities. other incidental expenses.
4. Many SERs were concerned that the hazardous-enclosed spaces As recommended by the Panel, OSHA carefully examined the haz-
provisions of the draft proposed rule would result in extensive costs ardous-enclosed space portion of the draft proposed standard.
with few benefits. Some SERs thought the provisions required little OSHA also reexamined applicable existing requirements, the effects
recordkeeping beyond what they currently do. Also, some SERs and extent of occupational risks involved, and the potential for risk
noted that OSHA had underestimated the costs associated with rec- reduction with the promulgation of additional regulatory requirements
ordkeeping. The Panel is concerned that the hazardous-enclosed for hazardous-enclosed spaces. Based on this reexamination, the
spaces provision would require major atmospheric-testing and -moni- Agency concluded that, for now, no new or additional requirements
toring burdens not identified in the cost analysis. The Panel rec- will be proposed for hazardous-enclosed spaces. OSHA believes
ommends that OSHA carefully examine the benefits and costs of this that potential hazards associated with these spaces are adequately
portion of the rule, and compare these requirements carefully to what covered by other standards (for example, 29 CFR 1926.55). There-
is required under other existing regulations, and to existing construc- fore, all requirements involving hazardous-enclosed spaces have
tion industry practice. been eliminated from the proposed standard for confined spaces in
construction.
5. Most SERS were concerned that the treatment of controlling employ- The Agency has since clarified the duties of the controlling employer in
ers in the draft proposed standard would result in additional costs for § 1926.1204 of the proposed standard (Work evaluation, information
controlling employers in the form of increased monitoring and super- exchange, and coordination). In addition to explaining in paragraph
vision of subcontractor activities. SERs also were concerned with the (a) of this proposed section that the controlling employer is only re-
costs and time required to meet the coordination and communication quired to share specific information it may already have about the
requirements of the draft proposed standard. The Panel recommends space with its subcontractors, OSHA has further clarified in a note to
that, if OSHA does not clarify these provisions, then it should exam- this paragraph that the controlling or host employer is not required to
ine further the possible costs of the controlling-employer provisions in enter a confined space to collect the specified information for its sub-
the draft proposed rule. Also, OSHA should be certain that it has ac- contractors. Therefore, we believe that compliance with proposed
counted for all of the burdens associated with this provision. § 1926.1204 would not be an added cost to controlling employers. Its
purpose is to aid them in their duties to safely coordinate the activi-
ties of their subcontractors within the space.
6. Many SERs were concerned that the increased complexity of the The Agency has revised the classification system to clarify and simplify
classification system would add not only to the training costs but also how confined spaces are to be classified. The Agency believes that
to the costs associated with classifying confined spaces. The Panel this system is an improvement over the general industry standard
recommends that, if the classification process is not simplified, when applied to the construction industry because it explicitly defines
OSHA should further analyze the costs associated with classifying possible classifications, some of which enable compliance burdens
confined spaces. for employers to be reduced where appropriate.
Continued
7. OSHA estimated that the draft proposed standard potentially affects As noted in the Agency’s response to item 4 above, the requirements
small entities performing construction work in confined and enclosed addressing hazardous-enclosed spaces that the Panel believed may
spaces. Small entities in eight specific construction industry classi- impose a burden on the industrial sector for General Contractors for
fications were identified as being potentially affected by the draft pro- Single Family Homes have been deleted from the proposed stand-
posed standard. These classifications include Residential Housing ard.
(SIC 1522); Industrial Buildings (SIC 1541); Other Nonresidential
Buildings (SIC 1542); Highway and Street Construction (SIC 1611);
Bridge and Tunnel Construction (SIC 1622); Water, Sewer, and Pipe-
line Construction (SIC 1623); Other Heavy Construction (SIC 1629);
and Structural Steel Erection (SIC 1791). For each of these industry
classifications, Table 3 in the Panel report shows estimates of the
total number of small firms in the industry, the number of establish-
ments operated by these firms, the number of employees of these
firms, and the total sales of these firms. These figures represent the
best available estimates for the numbers of potentially affected small
entities meeting the definition of a small entity established by the
Small Business Administration for these particular industry sectors. In
summary, an estimated 86,012 small entities are potentially affected
by the draft proposed standard. These firms operate an estimated
86,158 establishments, employ an estimated 921,831 employees,
and generate total sales estimated at $192 billion. In addition to the
small entities identified above, small entities in another industry clas-
sification, General Contractors for Single Family Homes (SIC 1521),
may be affected by the provisions of the draft proposed standard ad-
dressing hazardous-enclosed spaces. The Panel recommends that
prior to publishing a proposed standard, OSHA should clarify these
requirements and include the associated compliance costs, impacts,
and benefits in the analysis of the proposal.
8. Almost all of the SERs found the draft proposed standard difficult to OSHA addressed the concerns of the SERs about the difficulty in fol-
follow. The SERs stated that they currently were using the general lowing the text of the proposed standard. OSHA has reorganized the
industry standard and were familiar with it. A few SERs saw some regulatory text in such a manner that an employer will be led step-
advantages to the differences between the draft proposed standard by-step through the classification and safety-precaution requirements
and the general industry standard, but even these SERs did not be- for each type of confined space. In addition, OSHA has included
lieve that these advantages were sufficient to justify the amount of sample forms (Appendix B) to aid employers in following the pro-
training the draft proposed standard would require. The Panel rec- posed standard. OSHA has recognized and addressed problematic
ommends that OSHA either make the standard easier to follow, con- situations common to construction sites that are not clearly ad-
sider a standard closer to the general industry standard, or develop a dressed by the general industry standard (i.e., sites where there is
standard in which the classification provisions that provide greater no host, the kind of information that needs to be exchanged between
flexibility to employers are optional rather than required. entities, doing the initial hazard assessment of a previously unclassi-
fied space, etc.). OSHA has adopted many of the general industry
provisions, and adjusted them for use on a construction worksite.
9. Most SERs were confused by the distinctions between types of con- OSHA has revised the regulatory text to allow an employer to choose,
fined spaces. One SER referred to the distinctions as ‘‘meta- to a degree, the level of protection provided by a classification of a
physical.’’ The Panel recommends that if these distinctions are re- confined space that is most appropriate for the hazards within the
tained, they should be made clearer, or OSHA should consider mak- space. One exception is, as stated in proposed § 1926.1206(a)(1),
ing such classifications optional. employers must classify any confined space as a CS–PRCS if that
space meets the definition of a CS–PRSC. For all other spaces, pro-
posed § 1926.1206(a)(2) allows employers to classify a space as a
PRCS or, alternatively, as a CACS or IHCS if the employer can meet
the applicable requirements.
10. Many SERs noted that the hazardous-enclosed spaces require- See the Agency’s response to item 4 above.
ments would result in a major recordkeeping burden. Some SERs
believed that these requirements represented major new require-
ments for many contractors. OSHA notes that a few of the SERs
seemed unacquainted with some of the requirements of existing reg-
ulations. The Panel notes that the requirement to evaluate each po-
tentially hazardous space, implicit in § 1926.1225(a)(3), could radi-
cally alter the compliance requirements and the costs of the rule in
ways not reflected in OSHA’s Preliminary Initial Regulatory Flexibility
Analysis. The Panel recommends that OSHA more carefully explain
the relation of these requirements to existing requirements and prac-
tice, and explain the need for different requirements.
Continued
11. SERs were concerned that the provisions addressing controlling As stated above, OSHA has clarified the responsibilities of controlling
employers would require general contractors to develop confined- employers in proposed § 1926.1204. In addition to sharing specific
space expertise and provide confined-space supervision. OSHA’s in- information that it may have about the space with its affected sub-
tent with these provisions was not to change existing relations be- contractors, the note to that section clearly states that employers are
tween general contractors and their subcontractors, but rather to as- not required to enter a confined space to gather such information for
sure that general contractors provide subcontractors with the infor- its subcontractors. OSHA’s intent is not to change existing relations
mation they possess relevant to confined spaces. Some SERs between general contractors and their subcontractors, but rather to
agreed that additional information could be useful. The Panel rec- assure that general contractors provide subcontractors with the infor-
ommends that OSHA clarify this requirement to indicate that the role mation they possess relevant to their subcontractors working safely
of the controlling employer is only to provide any information they within a confined space. The proposed standard does not require
possess concerning confined spaces. controlling employers to develop ‘‘confined-space expertise’’ to fulfill
their duties in the proposed standard.
12. OSHA’s Hazard Communication standard also provides guidance OSHA recognizes that the draft proposed standard may overlap with
to employers on the use of certain chemicals in the workplace. How- provisions in other 1926 standards. OSHA has clarified the relation-
ever, OSHA does not see any conflict between this standard and the ship between the draft proposed standard and other pre-existing
draft proposed standard. The Hazard Communication standard pro- construction standards which may be applicable in a confined space.
vides general precautionary information regarding the use of certain In § 1926.1202(c), as well as Appendix A, of the proposed standard,
chemicals and products; the draft proposed standard provides more OSHA has explained how overlapping standards would interact with
explicit requirements for conditions specific to confined and enclosed each other, and the obligations of an employer in such situations.
spaces. Also, many construction contractors still will need to follow OSHA has also explained in the preamble of the proposal how prac-
the general industry standard [for confined spaces] in some types of tical situations would be evaluated under the requirements of the
work, and thus need to train their workers in using two different proposed standard when it overlaps with another OSHA requirement.
standards, and when to apply each standard. The SERs identified OSHA is currently unaware of any other Federal agency standards
other federal standards that they believe address the hazards associ- that overlap or conflict with those of OSHA.
ated with confined and enclosed spaces, including OSHA standards
for Ventilation (§ 1926.57) and for Gases, Vapors, Fumes, Dusts, and
Mists (1926.55), and EPA and HUD rules on abatement work. Ac-
cordingly, the Panel recommends that OSHA clarify the exact rela-
tion between the draft proposed standard and other standards affect-
ing work by construction employers in confined or enclosed spaces,
including the Hazard Communication standard, the general industry
standard, the Permissible Exposure Limit standards, the Ventilation
standard, the Gases, Vapors, Fumes, Dusts, and Mists standard,
and applicable EPA and HUD standards.
13. Alternatives to adopting the draft proposed standard developed by OSHA considered alternatives to drafting its own confined-space stand-
OSHA include adopting the draft proposed standard developed by ard for construction. The general industry standard was considered,
the Advisory Committee for Construction Safety and Health but found to be unsuitable for the construction industry. OSHA be-
[ACCSH], the industry consensus standard developed by the Amer- lieves that the general industry standard does not adequately ad-
ican National Standards Institute [ANSI], or the existing OSHA gen- dress some problematic situations common to construction sites.
eral industry standard [for confined spaces]. Additional alternatives These concerns include multiple subcontractors working within one
include modifying the OSHA draft proposed standard by removing space and hazards created as a confined space is built around em-
provisions addressing hazardous-enclosed spaces, removing the re- ployees. ANSI is presently considering whether it is feasible to begin
quirement to classify spaces in the least hazardous category, revis- drafting a confined-spaces standard for application specifically in
ing requirements for atmospheric monitoring to allow periodic moni- construction. OSHA addressed major concerns of the SERs regard-
toring instead of continuous monitoring, and/or reducing or elimi- ing the hazardous-enclosed space requirements in the draft pro-
nating recordkeeping requirements. The Panel recommends that posed standard by removing that section completely. As previously
OSHA continue to consider these alternatives, and discuss and so- stated above, OSHA has also revised the draft proposed standard to
licit comment on them in the proposed rule. allow employers greater flexibility in choosing the classification of a
confined space that provides the best protection for its employees
from the hazards within the particular space. Finally, OSHA has
worked to reduce employers’ recordkeeping requirements by mini-
mizing the time necessary for employers to maintain documentation.
For example, in proposed § 1926.1218, an employer will only be re-
quired to maintain entry permits for one year, while verification docu-
ments must only be kept so long as there is ongoing work in that
confined space.
Continued
14. Most SERs indicated a preference for using the general industry As stated before, the draft proposed confined-spaces standard for con-
standard for construction work, as opposed to the draft proposed struction addresses some concerns that are unique to the construc-
standard. OSHA is concerned that not all construction employers are tion industry. OSHA believes that the reorganization of the proposed
as familiar with the general industry standard as the SERs are, and standard and the elimination of the section on hazardous-enclosed
that some employers might benefit from a standard designed to pro- spaces address the safety concerns of confined spaces in construc-
vide greater compliance flexibility. The Panel recommends that tion in a manner that makes it easier to read and to comply with than
OSHA consider the alternative of adopting the general industry the general industry standard for confined spaces.
standard and, if this alternative is not adopted, discuss and solicit OSHA requests that the public submit comments regarding the degree
comment on this alternative in the proposed rule. If OSHA does not of flexibility granted to employers in classifying confined spaces. In
adopt a standard closer to the general industry standard, the Panel addition, OSHA solicits comment on how an alternative standard
recommends that OSHA revise its comparative cost analysis of the similar to the general industry standard could be adapted to the con-
general industry rule and the draft proposed standard to take ac- struction sector. [Note that the general industry standard and other
count of SERs’ concerns about the increased training, communica- alternatives to the proposed rule are discussed above under item 13
tion, and classification costs associated with the draft proposed of this table. In addition to the general industry standard, other alter-
standard. The Panel also recommends that OSHA solicit comment natives include the ANSI and draft ACCSH standards for confined
on how an alternative standard similar to the general industry stand- spaces. The applicability and relationship of the general industry
ard could be adapted to the construction sector. In addition, the standard and the other alternative standards to this proposed stand-
Panel recommends that OSHA analyze and solicit comment on the ard are discussed elsewhere in this preamble (i.e., in the section en-
nonregulatory alternative of not issuing a final standard, relying in- titled ‘‘History’’ for the general industry and draft ACCSH standards,
stead on existing standards and improved outreach. and in the section entitled ‘‘Applicability of Existing Consensus
Standards’’ for the ANSI standard).]
15. The SERs were confused by the variety of distinctions among con- The Agency has reduced the number of classifications by removing the
fined spaces, and generally believed that the training required by classification of ‘‘Hazardous-Enclosed Space.’’ We have further clari-
these provisions negated any advantages that might arise from the fied the four remaining categories by reorganizing the text of the pro-
flexibility of different types of confined spaces. The Panel rec- posed standard to ensure that all requirements for each classification
ommends that OSHA examine and solicit comment on alternatives type can be found in one section. OSHA requests that the public
that reduce the number of types of confined spaces, and that OSHA submit comments regarding other alternatives to the proposed rule.
consider alternatives that would allow employers the choice of using The Agency believes that, because the proposed standard is based
or ignoring these provisions. on many of the requirements already required in the general industry
standard, there will be minimal additional costs for employers to train
their employees on the proposed construction standard.
16. Many SERs viewed the requirements for hazardous-enclosed As recommended by the Panel, OSHA has removed the provisions for
spaces as highly burdensome. The Panel recommends that OSHA Hazardous-Enclosed Spaces.
remove this provision unless OSHA can (1) clarify exactly how the
requirements of this provision are different from other existing re-
quirements and practices; (2) develop a detailed cost analysis of this
provision; (3) quantify the hazards associated with hazardous-en-
closed spaces; and (4) explain how the hazardous-enclosed space
provisions can serve to reduce these hazards. If OSHA retains this
requirement or one like it, OSHA also should solicit comment on the
need for the recordkeeping requirements in the provision. In addition,
OSHA should solicit comment on removing this provision entirely.
17. Most SERs were concerned that the provisions for controlling em- As stated previously, proposed § 1926.1204(a), and the note to that
ployers would alter the existing relationship between contractors and section, clarify the duties of the controlling employer and explain that
subcontractors with little gain in reduced risk to employees. OSHA a controlling employer will not be required to enter a confined space
notes that the purpose of this provision was only to ensure that con- to gather the specified information for the subcontractor. [As noted
tractors share available information at multi-employer worksites. above in the preamble discussion to proposed § 1926.1204(a), em-
OSHA cannot regulate contractual matters between parties or pre- ployees of subcontractors on multi-employer worksites, which are
vent terms of contracts that require subcontractors to follow instruc- common in the construction industry, may enter a confined space
tions of general contractors. Some SERs agreed that information after another subcontractor’s employees have completed work within
sharing would be helpful, but were concerned that the OSHA draft the space. In these confined space situations, the completed work
went far beyond this purpose. The Panel recommends that OSHA can affect the health and safety of employees who subsequently
consider removing this provision or clarifying the purpose of this pro- enter the confined space. Therefore, it is critical for the safety of all
vision, and solicit comment in the proposal on the need for this provi- employees on a worksite that contractors and subcontractors com-
sion. municate the following information with each other: the location of
confined spaces, hazardous conditions affecting confined spaces,
precautions taken to address those hazards, and classifications of
the confined spaces. Requiring communication between employers is
an efficient way to ensure that each employer learns important infor-
mation about the confined space hazards present so that all employ-
ees are adequately protected.]
C. OMB Review Under the Paperwork requirements that are subject to review Paperwork Reduction Act defines
Reduction Act of 1995 by the Office of Management and ‘‘collection of information’’ as ‘‘the
Budget (‘‘OMB’’) under the Paperwork obtaining, causing to be obtained,
The proposed Confined Spaces in Reduction Act of 1995 (‘‘PRA–95’’), 44 soliciting, or requiring the disclosure to
Construction Standard contains U.S.C. 3501 et seq., and OMB’s third parties or the public of facts or
collection-of-information (paperwork) regulations at 5 CFR part 1320. The opinions by or for an agency regardless
of form or format * * *’’ (44 U.S.C. collections are described below, along documentation regarding classification
3502(3)(A)). OSHA submitted the with an estimate of the annual reporting of the space; inspection information
collection-of-information requirements burden and cost as required by 5 CFR identifying physical hazards; signed
identified in the NPRM to OMB for 1320.5(a)(1)(iv) and 1320.8(d)(2). verifications regarding atmospheric- and
review (44 U.S.C. 3507(d)). OSHA Title: Confined Spaces in physical-hazard determinations and the
solicits comments on the collection-of- Construction (29 CFR part 1926 subpart methods used to protect employees from
information requirements and the AA). these hazards; information required to
estimated burden hours associated with Description and Proposed Use of the be communicated to contractors and
these collections, including comments Collections of Information: The controlling contractors; a copy of the
on the following: proposed standard would impose new standard or written permit-required
• Whether the proposed collection-of- information-collection requirements for confined-space (PRCS) entry program;
information requirements are necessary purposes of PRA–95. The collection-of- information provided to medical
for the proper performance of the information requirements in the facilities; an annual review of PRCS
Agency’s functions, including whether proposed standard have not been entries, and training records for each
the information is useful; approved by OMB. These provisions are
employee. The documents would have
• The accuracy of OSHA’s estimate of needed to protect the health and safety
to be made available for review by the
the burden (time and cost) of the of employees who work in confined
affected employees and their authorized
information-collection requirements, spaces at construction worksites.
The paperwork requirements would representatives before employees enter
including the validity of the the space. OSHA also would have
methodology and assumptions used; impose a duty to produce and maintain
access to the records to determine
• The quality, utility, and clarity of records on employers who implement
controls and take other measures to compliance. An employer’s failure to
the information collected; and
generate and disclose the information
• Ways to minimize the burden on protect employees from confined-space
employers who must comply, for hazards in construction. Accordingly, required in this standard will affect
example, by using automated or other each construction business that has significantly the Agency’s effort to
technological techniques for collecting employees who enter a confined space control and reduce injuries and fatalities
and transmitting information. would be required to have, as related to confined spaces in
The title, description of the need for applicable, the following documents on construction.
and proposed use of the information, file and available at the job site: entry Table 7 below identifies and describes
description of the respondents, and permits that contain atmospheric-testing the new collections of information
frequency of response of the information and -monitoring information; contained in the proposed standard.
TABLE 7.—COLLECTION-OF-INFORMATION REQUIREMENTS OF THE PROPOSED STANDARD

Paragraph 1926.1204(c): Contractors must provide confined-space information to controlling contractors and host employers.
Paragraph 1926.1205(b)(1): Employers must provide or communicate atmospheric-hazard information to medical facilities treating employees for
exposure to atmospheres that are immediately dangerous to life and health.
Paragraph 1926.1209(a)(2): Employers must post PRCS danger signs.
Paragraph 1926.1209(d)(5): Employers must maintain records containing specified PRCS training information.
Paragraph 1926.1209(f): Employers must develop safe PRCS termination procedures.
Paragraph 1926.1210(a): Employers must prepare and post PRCS entry permits containing specified information.
Paragraphs 1926.1210(e)(2)(v) and 1926.1211(e)(3): Entry supervisors must sign the PRCS entry permits.
Paragraph 1926.1211(c): Employers must document exposure-monitoring results in the PRCS entry permits.
Paragraphs 1926.1211(f)(5), (f)(6), (f)(7), and (f)(11): Attendants must: communicate with authorized entrants under specified conditions; inform
PRCS rescue services when a non-entry or entry rescue is required; inform employers when non-entry or entry rescue begins, and the need
to provide medical aid or escape assistance to authorized entrants; warn individuals who are not authorized entrants to stay away from, or to
exit, PRCSs; and warn authorized entrants and entry supervisors of any unauthorized PRCS entry.
Paragraphs 1926.1211(g)(2), (g)(3), and (g)(4)(i): Authorized entrants must: communicate with attendants under specified conditions; and inform
attendants of any signs, symptoms, unusual behavior or other effect of a hazard.
Paragraph 1926.1211(h)(2): Employers must summon PRCS entry rescue services under specified conditions.
Paragraph 1926.1213(b)(2): Employers must provide PRCS entry rescue services with specified information regarding the PRCSs in which the
services conduct rescue operations.
Paragraph 1926.1214(b): Employers must review PRCS entry permits at least annually using specified documents and information.
Paragraph 1926.1216(a)(3): Employers must verify and document specified CACS initial conditions.
Paragraph 1926.1216(b)(1)(ii): Employers must post CACS danger signs.
Paragraph 1926.1216(b)(2)(v): Employers must maintain records containing specified CACS training information.
Paragraphs 1926.1216(d)(4) and (e)(3): Employers must verify and document specified CACS conditions before entry and during entry.
Paragraphs 1926.1217(a)(4) and (c)(3): Employers must verify and document specified IHCS initial conditions and conditions before entry.
Paragraphs 1926.1219(a), (b), and (d): Employers must: maintain a copy of the standard or a written confined-space program at the worksite;
retain PRCS entry permits for at least one year; and maintain CACS and IHCS verification documents until the confined-space work is com-
pleted.
Paragraph 1926.1219(e): On request from the Secretary of Labor or the Secretary’s designee, employers must disclose documents required to
be retained by the standard.
Affected Public: Business or other for- space operations); annually (for Estimated Total Burden Hours: 1.04
profit. reviewing PRCS entry permits). million hours.
Number of Respondents: 90,760. Average Time per Response: Varies Estimated Costs (Operation and
Frequency: On occasion (for most of from one minute to maintain a training Maintenance): $0.
the information-collection requirements; record to one hour to develop a written Submitting comments. Members of
determined by the onset of confined- confined-space program. the public who wish to comment on the
paperwork requirements in this Section 6 of the Act. Accordingly, adopt mandatory standards promulgated
proposal must send their written Section 18 of the Act authorizes the by OSHA. Accordingly, the 24 States
comments to the Office of Information Agency to preempt State promulgation and two Territories with their own
and Regulatory Affairs, Attn: OSHA and enforcement of requirements OSHA-approved occupational safety
Desk Officer (RIN 1218–AB47), Office of dealing with occupational safety and and health plans would have to adopt
Management and Budget, Room 10235, health issues covered by OSHA provisions comparable to the provisions
725 17th Street NW., Washington, DC standards unless the State has an in this proposed rule within six months
20503. The Agency encourages OSHA-approved occupational safety after the Agency publishes the final rule
commenters to also submit their and health plan (namely, is a State-Plan that it develops from this proposal. The
comments on these paperwork State). (See Gade v. National Solid Agency believes that the proposed rule
requirements to the rulemaking docket, Wastes Management Association, 112 S. would provide employers in State-Plan
along with their comments on other Ct. 2374 (1992).) States and Territories with critical
parts of the proposed rule. For With respect to States that do not information and methods necessary to
instructions on submitting these have OSHA-approved plans, the Agency protect their employees from the
comments to the rulemaking docket, see concludes that this proposed rule would physical and atmospheric hazards found
the sections of this Federal Register conform to the preemption provisions of in and around confined spaces during
notice titled DATES and ADDRESSES. the Act. Additionally, Section 18 of the construction. The 24 States and two
Docket and inquiries. To access the Act prohibits States without approved Territories with State Plans are: Alaska,
docket to read or download comments plans from issuing citations for Arizona, California, Hawaii, Indiana,
and other materials related to this violations of OSHA standards; the Iowa, Kentucky, Maryland, Michigan,
paperwork determination, including the Agency finds that the proposed Minnesota, Nevada, New Mexico, North
complete Information Collection rulemaking would not expand this Carolina, Oregon, Puerto Rico, South
Request (ICR) (containing the limitation. Therefore, for States that do Carolina, Tennessee, Utah, Vermont,
Supporting Statement (describing the not have approved occupational safety Virginia, Washington, and Wyoming.
paperwork determinations in detail), and health plans, this proposed rule Connecticut, New Jersey, New York, and
OMB–83–I Form, and attachments) use would not affect the preemption the Virgin Islands have OSHA-approved
the procedures described under the provisions of Section 18 of the Act. State Plans that apply to State and local
section of this notice titled ADDRESSES. OSHA has authority under E.O. 13132 government employees only. Until a
You also may obtain an electronic copy to promulgate the proposed rule in 26 State-Plan State/Territory promulgates
of the complete ICR by visiting the Web CFR part 1926 because the employee its own comparable provisions base on
page http://www.reginfo.gov/public/do/ exposures to confined spaces in the the final rule developed from this
PRAMain. Scroll under ‘‘Currently construction industry addressed by the proposal, Federal OSHA will provide
Under Review’’ to ‘‘Department of Labor proposed requirements are national in the State/Territory with interim
(DOL)’’ to view all of the DOL’s ICRs, scope. The Agency concludes that the enforcement assistance, as appropriate.
including those ICRs submitted for requirements in this proposed rule
proposed rulemakings. To make would provide employers in every State F. Unfunded Mandates Reform Act
inquiries, or to request other with critical information to use when OSHA reviewed this proposed rule
information, contact Mr. Todd Owen, protecting their employees from the according to the Unfunded Mandates
Directorate of Standards and Guidance, risks of exposure to confined spaces. Reform Act of 1995 (‘‘UMRA’’; 2 U.S.C.
OSHA, Room N–3609, U.S. Department However, while OSHA drafted the 1501 et seq.) and Executive Order 12875
of Labor, 200 Constitution Avenue, proposed requirements to protect (58 FR 58093). As discussed above in
NW., Washington, DC 20210; telephone employees in every State, Section section III of this preamble (‘‘Summary
(202) 693–2222. 18(c)(2) of the Act permits State-Plan of the Preliminary Economic Analysis
States and Territories to develop and and Initial Regulatory Flexibility
D. Federalism Analysis’’), the Agency estimates that
enforce their own standards for
The Agency reviewed the proposed confined spaces in construction compliance with this proposed rule
rule according to the most recent provided these requirements are at least would require private-sector employers
Executive Order (‘‘E.O.’’) on Federalism as effective in providing safe and to expend about $77 million each year.
(E.O. 13132, 64 FR 43225). This E.O. healthful employment and places of However, while this proposed rule
requires that Federal agencies, to the employment as the final requirements establishes a federal mandate in the
extent possible, refrain from limiting that result from this proposal. private sector, it is not a significant
State policy options, consult with States In summary, this proposed rule regulatory action within the meaning of
before taking actions that restrict their complies with E.O. 13132. In States Section 202 of the UMRA (2 U.S.C.
policy options, and take such actions without OSHA-approved State Plans, 1532).
only when clear constitutional authority Congress expressly provides for OSHA Under voluntary agreement with
exists and the problem is national in standards to preempt State job safety OSHA, some States enforce compliance
scope. The E.O. allows Federal agencies and health rules in areas addressed by with their State standards on public
to preempt State law only with the the Federal standards; in these States, sector entities, and these agreements
expressed consent of Congress. In such this rule limits State policy options in specify that these State standards must
cases, Federal agencies must limit the same manner as every standard be equivalent to OSHA standards. Thus,
preemption of State law to the extent promulgated by the Agency. In States although OSHA has included
possible. with OSHA-approved State Plans, this compliance costs for the affected public
Section 18 of the Occupational Safety rulemaking does not significantly limit sector entities in its analysis of the
and Health Act of 1970 (‘‘the Act’’; 29 State policy options. expected impacts associated with the
U.S.C. 667) expressly provides OSHA proposal, the proposal would not
with authority to preempt State E. State-Plan States involve any unfunded mandates being
occupational safety and health Section 18(c)(2) of the Occupational imposed on any State or local
standards to the extent that the Agency Safety and Health Act of 1970 (29 U.S.C. government entity. Consequently, this
promulgates a Federal standard under 667(c)(2)) requires State-Plan States to proposed rule does not meet the
definition of a ‘‘Federal proposed standard ends but prior to respect to each issue, and the basis for
intergovernmental mandate’’ (see completing a final rule, OSHA will that position. Comments, along with
Section 421(5) of the UMRA (2 U.S.C. determine whether it is appropriate to supporting data and references, received
658(5))). Therefore, for the purposes of reopen the rulemaking record based on by the end of the specified comment
the UMRA, the Agency preliminarily its careful review of the ANSI standard. period will become part of the
certifies that this proposed rule does not proceedings record, and will be
H. Review of the Proposed Standard by
mandate that State, local, and tribal available electronically for public
the Advisory Committee for
governments adopt new, unfunded inspection at the Federal eRulemaking
Construction Safety and Health
regulatory obligations, nor does the Portal (http://www.regulations.gov), or
proposed rule increase the expenditures The proposed subpart would add may be read at the OSHA Docket Office,
by the private sector of more than $100 requirements to the existing standards Room N–2625, 200 Constitution Ave.,
million a year. in 29 CFR part 1926 that protect NW., Washington. (See the section of
employees from exposure to confined- this Federal Register notice titled
G. Applicability of Existing Consensus space hazards found in the construction
Standards ADDRESSES for additional information
industry. Accordingly, OSHA’s on how to access these documents.)
Section 6(b)(8) of the Occupational regulation governing the Advisory Informal Public Hearings. Requests
Safety and Health Act of 1970 (‘‘the Committee on Construction Safety and for a hearing should be submitted to the
Act’’; 29 U.S.C. 655(b(8)) requires OSHA Health (ACCSH) at 29 CFR 1912.3 Agency as set forth above under the
to explain ‘‘why a rule promulgated by requires OSHA to consult with the sections of this notice titled DATES and
the Secretary differs substantially from ACCSH whenever the Agency proposes ADDRESSES.
an existing national consensus a rule that involves the occupational
standard,’’ by publishing ‘‘a statement of safety and health of construction List of Subjects in 29 CFR Part 1926
the reasons why the rule as adopted will employees. At the regular meeting of the Construction industry, Occupational
better effectuate the purposes of the Act ACCSH on October 19, 2004, OSHA safety and health, Safety.
than the national consensus standard.’’ briefed the members on the proposed
The Agency is not proposing to adopt subpart using a slide presentation, and Authority and Signature
the American National Standards then responded to their questions. It Edwin G. Foulke, Jr., Assistant
Institute (ANSI) Z117.1 consensus subsequently provided the members of Secretary of Labor for Occupational
standard (‘‘Safety Requirements for the ACCSH with copies of the slides and Safety and Health, U.S. Department of
Confined Spaces’’) as the OSHA the proposed regulatory text for their Labor, 200 Constitution Ave., NW.,
confined-spaces-in-construction review. At the ACCSH’s next regular Washington, DC 20210, directed the
standard for several reasons: meeting on February 17, 2005, the preparation of this notice. The Agency
1. The Agency believes that the ANSI OSHA staff answered additional is issuing this proposal under the
standard concentrates on confined questions from the members; the following authorities: Sections 4, 6(b),
spaces with oxygen-deficient members then recommended that OSHA 8(c), and 8(g) of the Occupational Safety
atmospheres, or with potential proceed with publishing the proposal, and Health Act of 1970 (29 U.S.C. 653,
overexposures to air contaminants. In taking into consideration written and 655, 657); Section 3704 of the Contract
this regard, OSHA concurs with the oral comments provided by them during Work Hours and Safety Standards Act
findings it published in the preamble to the meeting. (40 U.S.C. 3701 et seq.); Section 4 of the
the general industry confined-spaces Administrative Procedure Act (5 U.S.C.
I. Public Participation—Comments and
standard (58 FR 4464). After reviewing 553); Secretary of Labor’s Order No. 5–
Hearings
relevant publications by the National 2002 (67 FR 65008); and 29 CFR part
Institute for Occupational Safety and OSHA encourages members of the 1911.
Health, the ANSI Z117.1 standards (both public to participate in this rulemaking
Signed at Washington, DC on November 2,
the 1989 and the 1977 editions), and the by submitting comments on the 2007.
relevant guidelines developed by other proposal and documentary evidence. In
Edwin G. Foulke, Jr.,
organizations, the Agency decided to this regard, the Agency invites
Assistant Secretary of Labor for Occupational
diverge from the approach used by those interested parties having knowledge of,
Safety and Health.
standards-setting groups because their or experience with, confined spaces in
construction to participate in this For the reasons stated in the preamble
documents do not provide sufficient
process, and welcomes any pertinent of this proposed rule, the Agency is
guidance for employers to distinguish
data and cost information that will proposing to amend 29 CFR part 1926
among the several types of confined
provide it with the best available by adding subpart AA to read as
spaces that may be encountered, and
evidence on which to develop the final follows:
among the variety of hazards associated
with each type of confined space. regulatory requirements.
PART 1926—[AMENDED]
2. OSHA believes that the structure Comments. The Agency invites
and organization of the ANSI standard interested parties to submit written data, Subpart AA—Confined Spaces in
is not sufficiently user-friendly for small views, and arguments concerning this Construction
businesses, especially those that rarely proposal. In particular, the Agency Sec.
deal with confined spaces. welcomes comments on its 1926.1200 [Reserved]
3. The ANSI standard does not determination of the economic or other 1926.1201 Introduction.
adequately address construction- regulatory impacts of the proposed rule 1926.1202 Scope.
specific hazards, such as those posed by on the regulated community. When 1926.1203 Definitions applicable to this
submitting comments, follow the subpart.
CS-PRCSs.
1926.1204 Worksite evaluation, information
OSHA understands that ANSI is procedures specified above in the exchange, and coordination.
developing a consensus standard for sections titled DATES and ADDRESSES. 1926.1205 Atmospheric testing and
confined spaces in construction. Should The comments must clearly identify the monitoring.
ANSI publish this consensus standard provision of the proposal being 1926.1206 Classification and precautions.
after the comment period for this addressed, the position taken with 1926.1207 Reassessment.
1926.1208 Permit-required confined spaces. classification selected . The one § 1926.1203 Definitions applicable to this
1926.1209 PRCS—initial tasks. exception is that a space with the subpart.
1926.1210 PRCS—preparing for entry. characteristics of a CS–PRCS cannot be Atmospheric hazard (see the
1926.1211 PRCS—during entry. definition of Hazardous atmosphere).
given a different classification.
1926.1212 PRCS—terminating entry.
(c) There are precautions that must be Attendant is an employee stationed
1926.1213 PRCS—rescue criteria.
1926.1214 PRCS—entry permits. followed if employees have to enter a outside one or more PRCSs who
1926.1215 Continuous System-PRCS. space when in the process of performs the duties specified in
1926.1216 Controlled-atmosphere confined determining which classification will be § 1926.1211(f) (Attendant duties).
spaces—requirements for classification used (see § 1926.1204(b)(2)). Authorized entrant is an employee
and accident prevention and protection. (d) If the contractor determines under who the employer authorizes to enter a
1926.1217 Isolated hazard confined § 1926.1204 that the confined space is PRCS and performs the duties specified
spaces—requirements for classification in § 1926.1211(g) (Authorized entrant
not subject to any hazards (in which
and accident prevention and protection. duties).
1926.1218 Equipment. case the confined space need not be
classified), the contractor must complete Barrier means a physical obstruction
1926.1219 Records.
Appendix A to subpart AA of part 1926—List a reassessment of that determination that blocks or limits access.
of Confined-Space Requirements in upon the occurrence of any of the Blanking or blinding means closing a
Other Construction Standards that indications for reassessment specified in pipe, line, or duct by covering its bore
Supplement the Requirements of subpart § 1926.1207(a). with a solid plate that can withstand the
AA (Mandatory) maximum pressure inside the pipe, line,
Appendix B to subpart AA of part 1926— § 1926.1202 Scope. or duct without leaking. A plate may be
Sample Entry Permit for PRCSs and CS– (a) This standard applies to employers a spectacle blind or a skillet blind.
PRCSs and Sample Verification Document Confined space is a space that has all
engaged in construction work and who
for CACSs and IHCSs (Non-Mandatory) of the following characteristics:
have confined spaces at their job site,
unless one of the exceptions in (1) Is large enough and so arranged
Subpart AA—Confined Spaces in
paragraph (b) of this section applies. that an employee can bodily enter it.
Construction
(2) Has limited or restricted means for
Note to § 1926.1202(a): Examples of
entry and exit.
Authority: Section 3704 of the Contract locations where confined spaces may occur
include, but are not limited to, the following:
(3) Is not designed for continuous
Work Hours and Safety Standards Act (40
U.S.C. 3701); Sections 4, 6, and 8 of the Bins; boilers; pits (such as elevator, escalator, employee occupancy.
Occupational Safety and Health Act of 1970 pump, valve or other equipment); manholes Note: There are four confined space
(29 U.S.C. 653, 655, 657); Secretary of Labor’s (such as sewer, storm drain, electrical, classifications: Isolated-Hazard Confined
Order No. 5–2007 (72 FR 31159); and 29 CFR communication, or other utility); tanks (such Space, Controlled-Atmosphere Confined
Part 1911. as fuel, chemical, water, or other liquid, solid Space, Permit-Required Confined Space and
or gas); boilers; incinerators; scrubbers; Continuous System-Permit-Required
§ 1926.1200 [Reserved] concrete pier columns; sewers; transformer Confined Space.
vaults; heating, ventilation, and air-
§ 1926.1201 Introduction. conditioning (HVAC) ducts; storm drains; Continuous System-Permit-Required
(a) This standard sets out safety water mains; precast concrete and other pre- Confined Space (CS–PRCS) is a Permit-
precautions that must be taken when formed manhole units; drilled shafts; Required Confined Space that has all of
working within or near a confined space enclosed beams; vessels; digesters; lift the following characteristics:
that is subject to a hazard. Wherever the stations; cesspools; silos; air receivers; sludge (1) Is part of, and contiguous with, a
term ‘‘hazard’’ is used in this standard, gates; air preheaters; step up transformers; larger confined space (for example,
it means an existing hazard or a hazard turbines; chillers; bag houses; and/or mixers/ sewers).
reactors. (2) The employer cannot isolate it
that has a reasonable probability of
occurring in or near a confined space. A (b) Exceptions. This standard does not from the larger confined space.
confined space is a space that has all of apply to: (3) Is subject to a potential hazard
the following characteristics: Is large (1) Construction work regulated by 29 release from the larger confined space
enough and so arranged that an CFR Part 1926 subpart Y (Diving). that would overwhelm personal
employee can bodily enter it, has (2) Non-sewer construction work protective equipment and/or hazard
limited or restricted means for entry and regulated by 29 CFR part 1926 subpart controls, resulting in a hazard that is
exit, and is not designed for continuous P (Excavations). immediately dangerous to life and
employee occupancy. (3) Non-sewer construction work health.
(b) A confined space that is subject to regulated by 29 CFR part 1926 subpart Contractor is an employer who has
a hazard must be classified. The S (Underground Construction, Caissons, employees engaged in construction, and
classification determines what accident- Cofferdams and Compressed Air). is neither a controlling contractor nor a
prevention and -protection requirements (c) Where this standard applies and host employer.
apply to that space. there is a provision that addresses a Control is the action taken to reduce
(1) There are four classifications: confined space hazard in another the level of any hazard inside a confined
(i) Continuous System-Permit- applicable OSHA standard, the space using engineering methods (for
Required Confined Space (CS-PRCS). employer must comply with both that example, by isolation or ventilation),
(ii) Permit-Required Confined Space standard’s provision(s) and the and then using these methods to
(PRCS). applicable provisions of this standard. maintain the reduced hazard level.
(iii) Controlled-Atmosphere Confined Control also refers to the engineering
Space (CACS). Note to § 1926.1202(c): A list of confined- methods used for this purpose. Personal
(iv) Isolated-Hazard Confined Space space provisions in other construction protective equipment is not a control.
standards is in Appendix A to this subpart.
(IHCS). Controlled-Atmosphere Confined
(2) The employer has the option of (d) The duties of controlling Space (CACS) is a confined space that
selecting any of these classifications, as contractors under this standard include, has all of the following characteristics:
long as the employer meets the but are not limited to, the duties (1) Contains no physical hazards or
applicable requirements for the specified in § 1926.1204(a). only isolated physical hazards.
(2) Uses ventilation alone to control Hazard means a physical hazard or employer has isolated all physical and
atmospheric hazards at safe levels. hazardous atmosphere. See definitions atmospheric hazards.
Controlling contractor is the employer below. Limited or restricted means for entry
that has overall responsibility for Hazardous atmosphere means an and exit refers to a condition that has a
construction at the worksite. existing or potential atmosphere potential to impede an employee’s
consisting of at least one of the movement into or out of a confined
Note: If the controlling contractor owns or
manages the property, then it is both a following: space. Such conditions include, but are
controlling employer and a host employer. (1) A flammable gas, vapor, or mist in not limited to, hazards, poor
excess of 10 percent of its lower illumination, slippery floors, inclining
Double block and bleed means (with flammable limit. surfaces and ladders.
regard to lines, ducts, and pipes) closing (2) An airborne combustible dust at a Lower flammable limit or lower
two in-line valves and locking or tagging concentration that meets or exceeds its explosive limit means the minimum
them in the closed position, and then lower explosive limit. concentration of a substance in air
opening the drain or vent in the line (3) An atmospheric oxygen needed for an ignition source to cause
between the two closed in-line valves concentration below 19.5 percent a flame or explosion.
and locking or tagging it in the open (‘‘oxygen deficient’’) or above 23.5 Monitor or monitoring means the
position. percent (‘‘oxygen enriched’’). process used to identify and evaluate
Early-warning system is the method (4) An airborne concentration of a the atmosphere in a confined space after
used to alert authorized entrants and substance that exceeds the dose or an authorized entrant enters the space.
attendants that an engulfment hazard exposure limit specified by an OSHA This is a process of checking for changes
may be developing. Examples of early- requirement. in the atmospheric conditions within a
warning systems include, but are not (5) An atmosphere that presents an confined space and is performed in a
limited to: Alarms activated by remote immediate danger to life or health. periodic or continuous manner after the
sensors; and lookouts with equipment Host employer owns or manages the completion of the initial testing of that
for immediately communicating with property where construction is taking space.
the authorized entrants and attendants. place. Non-entry rescue occurs when a
Emergency is any occurrence, inside rescue service, usually the attendant,
Note: If a host employer has overall
or outside a confined space, that could responsibility for construction at the
retrieves employees in a PRCS without
cause death or serious physical harm to worksite, then it is both a host employer and entering the PRCS.
employees whose work is covered by controlling contractor. OSHA requirement means an OSHA
this standard. For example, an standard or regulation that applies to
Immediately dangerous to life or construction, or the general duty clause
emergency occurs if an employer fails to
health (IDLH) is a condition that occurs of the Occupational Safety and Health
isolate a physical hazard or if
when an employee is exposed to a Act of 1970 (paragraph (a)(1) of 29
ventilation or atmosphere-monitoring
physical or atmospheric hazard that U.S.C. 654).
equipment malfunctions.
could result in any one of the following Permit-Required Confined Space
Engulfment hazard is a physical effects:
hazard consisting of a liquid or flowable (PRCS) is a confined space that has any
(1) An immediate threat to life. one of the following characteristics:
solid substance that can surround and (2) Irreversible adverse health effects.
capture an individual. Engulfment (1) A hazardous atmosphere.
(3) Serious physical harm. (2) Inwardly converging, sloping, or
hazards may cause death or serious (4) Impaired ability to escape unaided
physical harm if: the individual inhales tapering surfaces that could trap or
from a confined space. asphyxiate an employee. For example, a
the engulfing substance into the Identify a hazard means determining
respiratory system (drowning, for space between walls that narrows
the type, quantity, and characteristics of towards the base (including, but not
example); the substance exerts excessive a hazard, including the likelihood that
force on the individual’s body resulting limited to, funnels and hoppers).
a hazard currently absent from a (3) An engulfment hazard or other
in strangulation, constriction, or confined space could enter the confined physical hazard.
crushing; or the substance suffocates the space. Physical hazard means an existing
individual. Inspection information means any hazard that can cause death or serious
Entrant (see the definition of information obtained about a space, physical harm in or near a confined
Authorized entrant). including, but not limited to, blueprints, space, or a hazard that has a reasonable
Entry occurs when any part of an schematics, and/or similar documents, probability of occurring in or near a
employee’s body breaks the plane of an documents regarding previous confined confined space, and that includes, but is
opening into a confined space. Entry (or space entries, or physical inspection/ not limited to: explosives (as defined by
entry operations) also refers to the testing. paragraph (n) of § 1926.914, definition
period during which an employee Isolate or isolation means the of ‘‘explosive’’); mechanical, electrical,
occupies a confined space. elimination or removal of a physical or hydraulic and pneumatic energy;
Entry permit means the document atmospheric hazard by preventing its radiation; temperature extremes;
used by the employer to control entry release into a confined space. Isolation engulfment; noise; and inwardly
into a PRCS as specified in § 1926.1214 includes, but is not limited to, the converging surfaces. Physical hazard
(PRCS—entry permits). following methods: Blanking and also refers to chemicals that can cause
Entry rescue occurs when a rescue blinding; misaligning or removing death or serious physical harm through
service enters a PRCS to rescue sections of lines, pipes, or ducts; a skin or eye contact (rather than through
employees. double-block-and-bleed system; locking inhalation).
Entry supervisor means a qualified out or tagging out energy sources; Planned conditions are the conditions
individual who the employer assigns to machine guarding; and blocking or under which authorized entrants can
control entry into PRCS as specified in disconnecting all mechanical linkages. work safely in a PRCS or CS–PRCS,
§ 1926.1210(e)(2) (Entry supervisor Isolated-Hazard Confined Space including hazard levels and methods of
requirements). (IHCS) is a confined space in which the employee protection.
Protect or protection means keeping for the contractor’s evaluation before the hazards that were present, or that
an employee safe in the presence of a contractor first enters a confined space: developed, during entry operations.
physical or atmospheric hazard using (1) The location of each space that the (d) If more than one employer will
methods other than control (for controlling contractor or host employer have employees in the space at the same
example, using personal protective actually knows is a confined space. time, the controlling contractor shall
equipment). (2) For each of the spaces identified coordinate entry operations with the
Rescue means retrieving, and in paragraph (a)(1) of this section: contractors.
providing medical assistance to, (i) Any hazards, if known, that affect (e) Employee participation and
employees who are in a PRCS. that space. notification. The employer must provide
Rescue service means the onsite or (ii) The classification of the space, its employees who enter a confined
offsite personnel who the employer IHCS, CACS, PRCS, or CS–PRCS, if space, and their authorized
designates to engage in non-entry and/ previously classified. representatives, with an opportunity to
or entry rescue of employees from a (iii) Any precautions and procedures observe the evaluations of the space
PRCS. that the controlling contractor or host (§ 1926.1204(b)), any reassessment
Retrieval system means the employer previously implemented for conducted pursuant to § 1926.1207, and
equipment, including mechanical entering the space. atmospheric testing and monitoring
retrieval devices, used for non-entry Note to § 1926.1204(a): Unless a required by this standard.
rescue of authorized entrants from a controlling contractor or host employer has
PRCS. § 1926.1205 Atmospheric testing and
or will have employees in a confined space, monitoring.
Safe level is an employee exposure to they are not required to enter any confined
an atmospheric or physical hazard that space to collect the information specified in (a) When testing or monitoring
meets OSHA requirements. paragraph (a) of this section. atmospheric hazards in a confined
Serious physical harm means: space, the employer must:
(b) The contractor must determine if (1) Test or monitor in the following
(1) An impairment in which a body there are confined spaces and if these
part is made functionally useless or is order: Oxygen, combustible gases and
spaces are subject to any hazards, using vapors, and toxic gases and vapors,
substantially reduced in efficiency. the following procedures:
Such impairment includes, but is not unless testing or monitoring is
(1) Without entering the space, the conducted simultaneously.
limited to, loss of consciousness or contractor must consider information, if
disorientation, and may be permanent (2) Test or monitor for other
any, from the host employer and atmospheric hazards as specified by
or temporary, or chronic or acute. controlling contractor, and use
Injuries involving such impairment applicable OSHA requirements.
inspection information (see paragraph (3) Monitor periodically and as
would usually require treatment by a (b)(2) of this section), to:
physician or other licensed health-care necessary, unless applicable OSHA
(i) Determine if the space meets the requirements or other provisions of this
professional; or definition of a confined space.
(2) An illness that could shorten life standard specify a different frequency.
(ii) Identify any physical and (4) Test or monitor using a properly
or substantially reduce physical or
atmospheric hazards. calibrated, direct-reading instrument(s).
mental efficiency by impairing a normal
(2) If the contractor can demonstrate (b) If a medical facility treats an
bodily function or body part.
that obtaining required information employee exposed to an atmosphere
Simulated Permit-Required Confined
without entering the space is infeasible, that is immediately dangerous to life
Space is a confined space or a mock-up
employees may enter to inspect for that and health, then the employer must:
of a confined space that has all of the
information only if the requirements of (1) Provide or communicate to the
following characteristics:
§§ 1926.1208 through 1926.1214 medical facility any information that the
(1) Has similar entrance openings, and
(PRCSs) and, if applicable, § 1926.1215 employer is required to retain regarding
is similar in size, configuration, and
(CS–PRCSs), are met. the atmosphere (for example, the name
accessibility to the PRCS the authorized
(3) To determine if there are of and level of exposure to atmospheric
entrants enter.
atmospheric hazards, the contractor contaminants, and the information
(2) Need not contain any physical or
must follow the atmospheric-testing and required by 29 CFR 1910.1200 (Hazard
atmospheric hazards.
Standard means this subpart unless -monitoring requirements in Communications) to be provided on
otherwise specified. § 1926.1205. This testing must be done Material Safety Data Sheets).
Test or testing means the process used without using mechanical ventilation or (2) Do so as soon as practical after the
to identify and evaluate the atmosphere altering the natural ventilation in the exposure.
in a confined space before an authorized space.
entrant enters the space. (4) The contractor must meet other § 1926.1206 Classification and
applicable OSHA requirements, precautions.
Unplanned condition means a
deviation from the planned conditions. including training requirements, for the (a) Using the information obtained in
Ventilate or ventilation means use of personal and other protective § 1926.1204, the employer must classify
controlling a hazardous atmosphere equipment, as required in the space as a Continuous System-
using continuous forced-air mechanical § 1926.1213(c)(2). Permit-Required Confined Space (CS–
systems that meet the requirements of (c) If the contractor classifies a space PRCS) if the space has all of the
29 CFR 1926.57 (Ventilation). as an IHCS, CACS, PRCS, or CS–PRCS, following characteristics:
it must: (1) Is part of, and contiguous with, a
§ 1926.1204 Worksite evaluation, (1) Inform the controlling contractor larger confined space (for example,
information exchange, and coordination. and host employer of the precautions sewers).
(a) Neither the controlling contractor and procedures the contractor will (2) Is not isolated from the larger
nor the host employer is required to follow for entry into the space. confined space.
obtain the information listed in this (2) At the conclusion of entry (3) Is subject to a potential hazard
paragraph. However, if they have it, operations, inform the controlling release from the larger confined space
they must provide it to the contractor contractor and host employer about any that would overwhelm personal
protective equipment and/or hazard (c) If the contractor must reassess the § 1926.1209 PRCS—initial tasks.
controls, resulting in a hazard that is confined space based on paragraphs (a) (a) Notification and posting danger
immediately dangerous to life and or (b) of this section, then the contractor signs. (1) The contractor must notify its
health. must ensure that: employees that it anticipates will be in
(b) For confined spaces other than a (1) All employees exit the confined or near the PRCS and their authorized
CS–PRCS, the employer must use the space immediately. representative, and the controlling
information obtained in § 1926.1204 to (2) No employee reenters the space contractor, about the location of, and the
classify the space as a PRCS until the contractor: hazards/dangers posed by, the PRCSs
(§ 1926.1208) or, alternatively, as a located at the job site.
(i) Identifies physical and
CACS (§ 1926.1216) or IHCS (2) The employer must post a danger
atmospheric hazards in accordance with
(§ 1926.1217) if the space meets the sign to warn employees about the PRCS.
§ 1926.1204(b).
applicable requirements for the Posting signs at or near the entrances to
classification selected. (ii) Follows the classification
the PRCS that read, ‘‘Danger—Permit-
(c) The employer must meet the procedures specified by § 1926.1206
Required Confined Space—Authorized
accident-prevention and -protection (Classification and precautions).
Employees Only’’ or ‘‘Danger—Do Not
requirements applicable to the space (iii) Meets the accident-prevention Enter Without a Permit,’’ or similar
classification before any employee and -protection requirements applicable language, will meet this requirement. If
enters the space, unless otherwise to the space classification selected by the employer demonstrates that a sign is
specified. the contractor before any employee infeasible, then an equally effective
reenters the space. means of warning employees must be
§ 1926.1207 Reassessment.
(a) If the contractor made a § 1926.1208 Permit-required confined used.
spaces. (b) Prohibiting entry. The employer
determination under § 1926.1204 that
must decide if employees will be
the confined space was not subject to (a) Permit-required confined space
authorized to enter the PRCS. Where no
any hazards, the contractor must (PRCS) classification requirements. (1)
employees will be authorized to enter,
reassess that determination if there is an A PRCS is a confined space that has any
the following steps must be taken:
indication that the conditions under one of the following characteristics: (1) Use barriers to permanently close
which the determination was made have (i) A hazardous atmosphere; or the PRCS.
changed. Such indications include, but (ii) Inwardly converging, sloping, or (2) Post danger signs that comply with
are not limited to: tapering surfaces that could trap or paragraph (a)(2) of this section.
(1) A change in the configuration or asphyxiate an employee. For example, a (3) Inform the employees and the
use of, or the type of work conducted or space between walls that narrows controlling contractor of the location of
materials used in, the confined space. towards the base (including, but not that PRCS and the steps used to prevent
(2) New information regarding a
limited to, funnels and hoppers); or entry.
hazard in or near a confined space. (c) Limiting entry. (1) Where one or
(3) An employee or authorized (iii) In engulfment hazard or other
physical hazard. more employees will be authorized to
representative provides a reasonable
(2) The requirements for a confined enter the PRCS, the employer must
basis for believing that a hazard
space classified as a PRCS are: prevent the non-authorized employees
determination is inadequate.
(b) If the contractor made a (i) For each physical hazard that was from entering the PRCS by taking the
determination under § 1926.1204 that identified using the procedures in following steps:
the confined space was subject to a § 1926.1204(b), the employer must (i) Across the entrances to the PRCS,
hazard, the contractor must reassess the determine an isolation method or a use barriers or high-visibility physical
determinations, procedures, and method of protecting employees from restrictions, such as warning lines with
equipment used to protect employees in the physical hazard that meets flags.
(ii) Post danger signs that comply
or near a confined space if there is an applicable OSHA requirements.
indication that the measures taken may with paragraph (a)(2) of this section.
(ii) For each atmospheric hazard that (iii) Inform the non-authorized
not protect employees. Such indications was identified using the procedures in employees and the controlling
include, but are not limited to: § 1926.1205, the employer must
(1) A change in the configuration or contractor of the location of, and
determine an isolation method or a hazards in, the PRCS, and the steps used
use of, or the type of work conducted or method for controlling the hazard at a
materials used in, the confined space. to prevent unauthorized entry.
safe level or protecting employees from (2) Only employees who are
(2) New information regarding a the atmospheric hazard with personal
hazard in or near a confined space. ‘‘authorized entrants’’ are to be
protective equipment. permitted to enter the PRCS.
(3) An employee or authorized
(b) Planned conditions. (1) Using the (d) Training. (1) The employer must
representative provides a reasonable
basis for believing that a hazard determinations made in paragraph (a)(2) ensure that employees the employer
determination or protective measure is of this section, the employer must anticipates will be in or near a PRCS
inadequate. define the conditions under which (i.e., employees who have duties
(4) An unauthorized entry into a authorized entrants can work safely in specified by the applicable sections of
PRCS. the PRCS, including hazard levels and this standard (entry supervisors,
(5) Detection of a hazard in or near a methods of employee protection (that is, attendants, authorized entrants, and
PRCS that is not addressed by the entry ‘‘planned conditions’’). rescue-service employees)) acquire the
permit. (2) The employer must determine knowledge and skills necessary for the
(6) Detection of a hazard level in or that, in the event the ventilation system safe performance of these duties. This
near a PRCS that exceeds the planned stops working, the monitoring training must result in an understanding
conditions specified in the entry permit. procedures will detect an increase in of the hazards in the PRCS and the
(7) The occurrence, during an entry atmospheric hazard levels in sufficient methods used to isolate, control or in
operation, of an injury, fatality or near- time for the entrants to safely exit the other ways protect employees from
miss. PRCS. these hazards.
(2) Hazards of rescue. The employer entrants enter the PRCS. Entry permit (2) Hazard awareness. Ensure that
must train employees the employer requirements are in § 1926.1214. each attendant knows:
anticipates will be in or near a PRCS (b) Removing entrance covers. Prior to (i) The physical and atmospheric
who are not authorized to perform entry removing an entrance cover, eliminate hazards in the PRCS.
rescues about the dangers of attempting any condition (for example, high (ii) How the hazards enter the body
such rescues. pressure in the PRCS) that makes it (such as skin contact and inhalation),
(3) When to train under paragraphs unsafe to remove the cover. signs and symptoms, and characteristic
(d)(1) and (d)(2) of this section: (c) Guarding holes and openings. effects (including behavioral effects) of
(i) Prior to initial entry into the PRCS. Outside the space, when necessary to exposure to these hazards.
(ii) If an employee the employer protect employees working in and (3) Attending multiple PRCSs. If a
anticipates will be in or near a PRCS around the space, promptly: use single attendant is assigned to monitor
receives a change in assigned duties that guardrails or covers as specified in 29 multiple PRCSs, then ensure that:
relate to maintaining the planned CFR 1926.502 (Fall protection systems (i) The attendant can fully perform the
conditions, any additional training duties specified by § 1926.1211(f)
criteria and practices) of subpart M (Fall
necessitated by the change in duties (Attendant duties).
Protection) to guard holes and openings
must be completed before the employee (ii) The equipment and procedures are
into the space from falling individuals provided to enable an attendant to
re-enters the PRCS. and objects and institute measures to
(iii) If a new hazard is introduced or respond to an emergency affecting any
control pedestrian and vehicle traffic in of the PRCSs the attendant is
occurs in the PRCS for which the accordance with the requirements in 29
employees the employer anticipates will monitoring.
CFR part 1926 subpart G (Signs, Signals, (g) Authorized entrant. (1) Designate
be in or near a PRCS received no and Barricades). which employee(s) are authorized
previous training, the authorized entrant (d) Safe access. Ensure that a safe entrants in the PRCS.
must exit the space immediately and method of entering and exiting a PRCS (2) Hazard awareness. Ensure that
this training must be completed before (such as stairways or ladders) is each authorized entrant knows:
resuming work in the space. provided and used, and that it meets (i) The physical and atmospheric
(4) The employer must ensure that the applicable OSHA requirements. If a hazards in the PRCS.
employees the employer anticipates will hoisting system is used, it must be (ii) How the hazards enter the body
be in or near a PRCS can demonstrate designed and manufactured for (such as skin contact and inhalation),
proficiency in the duties required by personnel hoisting; however, a job-made signs and symptoms, and characteristic
this standard, including new and hoisting system is permissible if it is effects (such as behavioral effects) of
revised PRCS procedures. approved for personnel hoisting by a exposure to these hazards.
(5) Training records. The employer registered professional engineer prior to (h) Criteria for assigning simultaneous
must maintain training records for each use. roles. (1) Employees are prohibited from
employee. The training records must: (e) Entry supervisor. (1) Assign an serving as authorized entrants and
(i) Show that the employee entry supervisor to supervise PRCS attendants simultaneously.
accomplished the training requirements entry operations. (2) Authorized entrants may serve
specified above in paragraphs (d)(1) (2) Entry supervisor requirements. simultaneously as entry supervisors
through (d)(4) of this section. Ensure that each entry supervisor: only if the employer ensures that they
(ii) Contain the employee’s name, (i) Knows the physical and meet the requirements of both
names of the trainers, and dates of the atmospheric hazards in the PRCS. §§ 1926.1210(e) (Entry supervisor) and
training. 1926.1210(g) (Authorized entrant).
(ii) Knows how these hazards enter
(6) Retraining. Before employees (3) Attendants may serve
the body (such as skin contact and
continue with PRCS entry operations, simultaneously as entry supervisors
inhalation), signs and symptoms, and
the employer must train those only if the employer ensures that they
characteristic effects (such as behavioral
employees it has reason to believe: meet the requirements of both
effects) of exposure to these hazards.
(i) Deviated from the PRCS entry §§ 1926.1210(e) (Entry supervisor) and
procedures specified in §§ 1926.1209 (iii) Verifies that the conditions in the
1926.1210(f) (Attendant).
through 1926.1214 of this standard; or PRCS are within the planned conditions (i) [Reserved]
(ii) Do not have adequate knowledge as defined under § 1926.1208(b) and (j) Equipment. In addition to the
and skills of PRCS entry procedures. specified in the entry permit by equipment required in § 1926.1218, the
(e) Rescue preparations. Before any checking the appropriate entries in the employer shall provide and ensure the
authorized entrant enters the PRCS, the entry permit, verifying completion of use of the following equipment:
employer must complete arrangements the atmospheric testing specified in the (1) Communication equipment for
for providing for the rescue of these entry permit, and verifying that any compliance with paragraphs (f)(5), (g)(2)
employees in accordance with other procedures and equipment (entrant-to-attendant communication
§ 1926.1213. specified in the entry permit are in requirements), and (h)(2) (Entry
(f) Safe termination procedures. For place. rescue—when to summon) of
each PRCS that authorized entrants will (iv) Verifies that the rescue service is § 1926.1211.
enter, the employer must develop available and that the means for (2) Lighting equipment needed to
procedures for safely terminating entry summoning the rescue service works. comply with 29 CFR 1926.56
operations under both planned and (v) Signs the entry permit to authorize (Illumination).
emergency conditions. entry into the PRCS. (3) Railings, covers, or barriers as
(vi) Terminates PRCS entry operations required in §§ 1926.1209(b) (Prohibiting

§ 1926.1210 PRCS—preparing for entry. in accordance with § 1926.1212(b) entry) and (c) (Limiting entry), and
Before entry, the employer must (Supervisor requirements) of this 1926.1210(c) (Guarding holes and
ensure that the following requirements standard. openings).
are met: (f) Attendant. (1) Assign an attendant (4) Equipment, such as ladders,
(a) Entry permit. Prepare and post an to be stationed outside the PRCS for the needed for safe entry to and exit from
entry permit where the authorized duration of the entry operation. a PRCS.
(5) Rescue and emergency equipment (4) Entry permit cancellation. Cancels (10) Performs no duties that could
required to comply with § 1926.1213 the entry permit upon the occurrence of interfere with the primary duty to
(PRCS—rescue criteria), unless a rescue any of the following: monitor and protect the authorized
service provides its own rescue and (i) An evacuation is required under entrants.
emergency equipment. this section. (11) Warns any individual who is not
(6) Any other equipment necessary for (ii) Any of the indications that require an authorized entrant, and who
safe rescue operations in or near PRCSs. a reassessment under § 1926.1207(b). approaches a PRCS during entry
(k) Document the determinations (iii) The entry operations covered by operations, to stay away from the PRCS.
made and the actions taken in the entry permit have been completed. If the individual enters the PRCS, the
paragraphs (b) through (j) of this section (e) Transfer of supervisory attendant must tell the individual to exit
by entering the information in the entry responsibilities. If responsibility for the immediately, and inform the authorized
permit as required in § 1926.1214(a). entry operation is transferred to another entrants and entry supervisor of the
entry supervisor, then the new entry unauthorized entry.
§ 1926.1211 PRCS—during entry. supervisor must: (12) Evacuation. Orders authorized
While any authorized entrant is in a (1) Meet the requirements specified entrants to exit the PRCS as quickly as
PRCS, the employer must ensure that above in § 1926.1210(e)(2) (Entry possible if required under either
the following requirements are met: supervisor requirements). paragraph (f)(12)(i) or (f)(12)(ii) of this
(a) The physical and atmospheric (2) Review the entry permit and verify section, as follows:
hazards remain isolated or controlled, or that entry conditions are consistent with (i) The attendant detects or learns of
the employees remain protected from the planned conditions specified in the any of the following:
them, in accordance with the entry permit. (A) An unplanned condition.
determinations made in § 1926.1208 (3) Sign the entry permit. (B) Any sign, symptom, unusual
(Permit-required confined spaces). (f) Attendant duties. Each attendant: behavior or other effect of a hazard in
(1) Continuously maintains an an authorized entrant.
(b) Monitoring. Atmospheric hazards (C) An evacuation alarm.
are monitored as specified in accurate count of authorized entrants
who are in the PRCS. (D) A situation outside the PRCS that
§ 1926.1205 (Atmospheric testing and could endanger the authorized entrants.
(2) Has a means to accurately identify
monitoring). Monitoring must be (ii) The attendant cannot effectively
authorized entrants who are in the PRCS
continuous unless the employer can and safely perform all the duties
(§ 1926.1214(a)(2)(ii)(A) specifies the
demonstrate that the equipment for required by this section and cannot
means for doing so).
continuously monitoring a hazard is not immediately be replaced.
(3) Remains at a location outside the
commercially available or that periodic (g) Authorized entrant duties. During
PRCS that allows the attendant to fully
monitoring is of sufficient frequency to PRCS entry operations, each authorized
perform the duties and responsibilities
ensure that the atmospheric hazard is entrant:
specified in this section and does so
being controlled at safe levels. (1) Properly uses the retrieval
until properly relieved by another
(c) The procedures and monitoring equipment required below in
attendant.
results in paragraphs (a) and (b) are (4) Monitors entry conditions to paragraphs (a)(2) through (a)(4) of
documented by entering the information determine if they are consistent with the § 1926.1213 (requirements for non-entry
in the entry permit as stated in entry permit. retrieval systems).
§ 1926.1214(a). (5) Communicates with authorized (2) Communicates with the attendant
(d) Entry supervisor duties. Each entry entrants as necessary to monitor entrant as necessary so that the attendant can
supervisor: status and to alert entrants of the need monitor the authorized entrant’s status
(1) Ensures that entry conditions are to evacuate the PRCS as specified below and alert the entrant of the need to
being properly monitored and that these in paragraph (g)(2) of this section. evacuate the PRCS, as required above in
conditions remain consistent with the (6) Monitors activities inside and paragraph (f)(5) of this section
planned conditions specified in the outside the PRCS to determine if the (requirements for attendant-to-
entry permit. PRCS remains safe for authorized authorized entrant communications).
(2) Removes individuals who are not entrants and informs the rescue service (3) Informs the attendant of any sign,
authorized entrants who enter, or who whenever a non-entry or entry rescue is symptom, unusual behavior or other
attempt to enter, a PRCS. required. effect of a hazard.
(3) Evacuation. Orders authorized (7) Informs the employer if a non- (4) Evacuation. Exits from the PRCS
entrants to exit the PRCS as quickly as entry or entry rescue begins or an as quickly as possible if either:
possible if required under either (i) The entry supervisor or the
authorized entrant may need medical
paragraph (d)(3)(i) or (d)(3)(ii) of this attendant orders the authorized entrant
aid or assistance in escaping from the
section, as follows: to evacuate the PRCS; or
PRCS. (ii) The authorized entrant detects or
(i) The entry supervisor detects or (8) Performs non-entry rescue as
learns of any of the following: learns of any of the following:
required in paragraph (h)(1) of this (A) An unplanned condition (for
(A) An unplanned condition. section and in accordance with example, a new hazard) in or near the
(B) Any sign, symptom, unusual § 1926.1213(a) (Non-entry rescue PRCS.
behavior or other effect of a hazard in criteria). (B) Any sign, symptom, unusual
an authorized entrant. (9) Does not enter a PRCS for rescue behavior or other effect of a hazard.
(C) An evacuation alarm. purposes unless the employer: provides (C) An evacuation alarm.
(D) A situation outside the PRCS that the attendant with the appropriate (h) Rescue. Non-entry rescue and
could endanger the authorized entrants. training and equipment specified below entry rescue is provided as follows:
(ii) The entry supervisor cannot in § 1926.1213(c) (Protecting and (1) Non-entry rescue.
effectively and safely perform all the training rescue-service employees), and (i) Provide non-entry rescue capability
duties required by § 1926.1210(e)(2) ensures that another attendant properly during the period that authorized
(Entry supervisor requirements) and relieves the attendant prior to entrants are in the PRCS that meets the
cannot be immediately replaced. performing the entry rescue. requirements of § 1926.1213(a).
(ii) Except where the conditions § 1926.1213 PRCS—rescue criteria. have access to the PRCS the authorized
specified in paragraph (h)(1)(iii) of this (a) Non-entry rescue criteria. For non- entrant will enter or to a Simulated
section are present, non-entry rescue entry rescue, the employer must meet PRCS, so it can develop appropriate
must be initiated if required under the following requirements: rescue plans and practice rescue
paragraphs (h)(1)(ii)(A) or (h)(1)(ii)(B) of (1) Ensure that attendants and operations.
this section, as follows: employees designated to perform non- (b) Entry rescue: Preparing rescue-
(A) There is a need to evacuate entry rescue acquire the knowledge and service employees. (1) The employer
pursuant to paragraphs (d)(3), (f)(12), or skills necessary for the safe performance must ensure that the entry rescue
(g)(4) of § 1926.1211 and the employee of non-entry rescue. service can effectively perform entry-
is unable to evacuate without assistance; (2) Use a retrieval system that: rescue tasks in the PRCSs the authorized
or (i) Is available as soon as needed by entrant(s) will enter. Accordingly, the
the attendant or other rescue service. employer must ensure that the entry
(B) There is a reasonable probability (ii) Is designed and manufactured for
that an employee may need immediate rescue service:
personnel retrieval; however, a job- (i) Can respond to a rescue summons
medical aid and is unable to exit the made hoisting system is permissible if it
PRCS without assistance. in a timely manner. Timeliness depends
is approved for personnel hoisting by a on how quickly serious physical harm
(iii) Non-entry rescue shall not be registered professional engineer prior to may result from the physical or
initiated if doing so would present a use. atmospheric hazards in the PRCS.
greater hazard to the employee than sole (iii) The attendant or other rescue (ii) Prior to beginning entry
reliance on entry rescue (for example, service can operate effectively. operations, has access to the PRCS the
where the configuration of the space (iv) Has a chest or full-body harness authorized entrants will enter or to a
would cause the retrieval lines to not and a retrieval line. The retrieval line Simulated PRCS so the entry rescue
work or result in greater injury to the must have: service can develop appropriate rescue
employee than injury from waiting for (A) One end attached in a manner that plans and practice rescue operations.
entry rescue). allows the attendant or other rescue
(2) Prior to the entry rescue service
(2) Entry rescue—when to summon. service to remove the entrant from the
entering a PRCS for any purpose, the
Ensure that an entry rescue service has PRCS without causing further injury.
employer must inform them of the
been summoned immediately if any of (B) The other end attached to a
physical and atmospheric hazards they
the following occurs: mechanical retrieval device or fixed
are likely to encounter when performing
(i) A non-entry rescue is initiated. anchor point outside the PRCS in a
rescue operations in the PRCS, and
manner that allows rescue to begin as
(ii) There is a need to evacuate other relevant information actually
soon as the attendant or other rescue
pursuant to paragraphs (d)(3), (f)(12), or known by the employer.
service detects or learns of the need for
(g)(4) of § 1926.1211 and the employee (c) Protecting and training entry
rescue. Movable equipment (for
is unable to evacuate without assistance. rescue-service employees. Employers of
example, earth-moving equipment), that
(iii) There is a reasonable probability entry rescue-service employees must:
is sufficiently heavy to serve as an
that an employee may need immediate anchor point, may be used for this (1) Provide them with the personal
medical aid and is unable to exit the purpose only if effectively locked out or protective equipment (PPE) and rescue
PRCS without assistance. tagged out. equipment (including retrieval lines if
(3) For retrievals involving vertical necessary) required to make safe
(iv) Non-entry rescue is prohibited
distances over 5 feet (1.52 m), a rescues.
under conditions specified in
mechanical retrieval device must be (2) Train them in the proper use of the
§ 1926.1211(h)(1)(iii).
provided and used. This device must PPE and rescue equipment.
§ 1926.1212 PRCS—terminating entry. not be used for entry into the PRCS (3) Train them to perform assigned
unless it is designed for that purpose. rescue duties.
(a) The employer must implement
procedures for safely terminating PRCS (4) Equipment that is unsuitable for (4) Train them in basic first aid and
entry operations under both planned retrieval, including the following in cardiopulmonary resuscitation (CPR).
conditions and in an emergency. equipment, must not be used: (5) Ensure that at least one member of
(i) Equipment that increases the the entry rescue service who
(b) Entry supervisor requirements. The participates in the onsite rescue
employer must ensure that an entry overall risk of entry or impedes rescue
of an authorized entrant. operations holds current certification in
supervisor terminates entry and cancels first aid (including CPR).
(ii) Retrieval lines that have a
the entry permit upon expiration of the (6) Ensure that the entry rescue-
reasonable probability of becoming
entry permit, completion of the entry service employees practice rescue
entangled with the retrieval lines used
operations covered by the permit, any of operations at least once prior to
by other authorized entrants, or will not
the indications that require beginning entry operations and at least
work due to the internal configuration
reassessment under § 1926.1207(b), or once every 12 months thereafter. This
of the PRCS (see § 1926.1211(h)(1)(iii)).
an evacuation required under practice must involve:
(iii) Wristlets or ankle straps used as
§ 1926.1211(d)(3), whichever occurs (i) Removing dummies/mannequins
attachment points for retrieval lines,
first. or individuals from the PRCS the
unless the employer can demonstrate
Note to § 1926.1212(b): After entry is that: Use of a harness is infeasible or authorized entrants will enter, or from
terminated, no employees can reenter the creates a greater hazard for safe rescue a Simulated PRCS. In doing so, comply
space until the employer: Identifies the than wristlets or ankle straps; and with the requirements of this standard
physical and atmospheric hazards in that apply to the confined space used
accordance with § 1926.1204(b); follows the
wristlets or ankle straps are the safest
classification procedures specified by alternative available. for this purpose.
§ 1926.1206 (Classification and precautions); (5) Prior to beginning entry (ii) Using the same PPE, retrieval, and
and meets the accident-prevention and operations, ensure that the employees rescue equipment they would use to
-protection requirements applicable to the designated to perform non-entry rescue perform retrieval or rescue operations in
space classification selected by the employer. (including attendants, if applicable) the PRCS.
(d) Exemption from practice. An the PRCS, including hazard levels and § 1926.1215 Continuous System—PRCS.
employer is exempt from the methods of employee protection, (a) For a Continuous System-PRCS
requirement to practice rescue consistent with the requirements (CS–PRCS), the employer must
operations if the entry rescue-service specified in § 1926.1208(b) (Planned complete all requirements in
employees properly performed a rescue conditions). In addition, when §§ 1926.1208 through 1926.1214, as well
operation during the last 12 months in applicable, the determinations made in as:
the same PRCS the authorized entrant paragraph (b)(2) of § 1926.1208. (1) Monitor continuously for
will enter, or in a similar PRCS. (ii) Personnel, equipment, and atmospheric hazards; employers may
procedures. use periodic monitoring for monitoring
§ 1926.1214 PRCS—entry permits. (A) Identify by name (or other an atmospheric hazard if they can
(a) Contents. Employers must ensure effective identifier) each authorized demonstrate that equipment for
that the entry permits for PRCSs include entrant who is currently in the PRCS. continuously monitoring that hazard is
the following: This requirement can be met by not commercially available.
(1) General information—(i) An referring in the entry permit to a system, (2) Monitor continuously for non-
identification of the PRCS to be entered. such as a roster or tracking system, used isolated engulfment hazards using an
(ii) The purpose (including the tasks/ to keep track of who is currently in the early-warning system. The system must
job) of entering the PRCS. PRCS. alert authorized entrants and attendants
(iii) The effective date and the (B) List the names of the current in sufficient time for the authorized
authorized duration of the entry permit. attendants. entrants to safely exit the CS–PRCS.
The duration of the permit is prohibited (C) Clearly indicate the name of the (b) Equipment. In addition to the
from exceeding the time required to current entry supervisor and the entry equipment required in §§ 1926.1210(j)
complete the tasks/job identified in supervisor who originally authorized and 1926.1218, the employer shall also
paragraph (a)(1)(ii) of this section. entry into the PRCS. In addition, provide:
(2) Planned conditions for entry—(i) include the signatures or initials of both (1) Equipment necessary for
Hazard information. of these individuals. monitoring of atmospheric hazards.
(A) Identify the physical and (2) An early-warning system for
(D) Identify the methods used during
atmospheric hazards the PRCS is subject continuous monitoring of non-isolated
entry operations to maintain contact
to (that is, all physical and atmospheric engulfment hazards. The system must
between authorized entrants and
hazards, regardless of how they have alert authorized entrants and attendants
attendants.
been isolated or controlled, or how in sufficient time for the authorized
(E) Identify the rescue service that
authorized entrants are protected from entrants to safely exit the CS–PRCS.
will rescue workers during emergencies,
them) consistent with the requirements
and the methods for summoning this § 1926.1216 Controlled-atmosphere
of §§ 1926.1206 (Classifications and
service, including the communication confined spaces—requirements for
precautions) and 1926.1208(a) (Permit-
equipment to use and the telephone classification and accident prevention and
required confined space (PRCS)
numbers to call. protection.
classification requirements).
(F) Identify the equipment needed (a) The requirements for classifying a
(B) State the methods used to isolate
(see §§ 1926.1210(j) (Equipment) and Controlled-Atmosphere Confined Space
or control hazards, or used to protect
1926.1218 (Equipment), and, for CS– (CACS) are:
authorized entrants from hazards in the
PRCSs, § 1926.1215(b)). (1) For each physical hazard that was
PRCS. This information must be
(3) Other information—(i) Identify identified using the procedures
consistent with the requirements
additional permits issued to perform specified in § 1926.1204(b), determine
specified in §§ 1926.1208(a) (Permit-
authorized work in the PRCS (for and implement an isolation method.
required confined space (PRCS)
example, hot-work permits). (2) Ventilation.
classification requirements) and
(ii) Provide any other information (i) Test the atmosphere while using
1926.1210 (PRCS—preparing for entry),
necessary to ensure employee safety in ventilation equipment to verify that
and must include, as applicable, the
or near the PRCS, including notations of ventilation alone is sufficient to control
methods used to isolate or control the
any problems encountered. these atmospheric hazards at safe levels.
hazards, the type of personal protective
Note to § 1926.1214(a): Appendix B to this Ventilation must consist of continuous
equipment provided, the methods used
subpart provides an example of an entry forced-air mechanical systems that meet
to monitor each hazard (including the
permit. the requirements of 29 CFR 1926.57
use of early-warning systems, if required
(b) Annual PRCS review. The (Ventilation).
by § 1926.1215), and how frequently
(ii) Determine that, in the event the
each hazard is to be monitored. employer must review, at least annually,
ventilation system stops working, the
(C) State the atmospheric-testing and PRCS entries made during the previous
monitoring procedures will detect an
-monitoring results obtained in 12 months to determine if there are
increase in atmospheric hazard levels in
§§ 1926.1204(b) (requirements for deficiencies in the employer’s entry
sufficient time for the entrants to safely
determining confined-space hazards), operation procedures. For this review,
exit the CACS.
1926.1211 (PRCS—during entry), and the employer must use:
1926.1215(a)(1) (requirements for (1) Canceled entry permits retained as Note to § 1926.1216(a)(2)(ii): The following
continuous atmospheric monitoring of required by § 1926.1219(b) (Retaining paragraph requires documentation of this
CS–PRCSs). Include the type and brand entry permits). determination.
of the equipment used, the names and (2) Any other information retained (3) Document that all physical
signature/initials of the individuals who regarding entry operations. hazards have been isolated and that
performed these functions, as well as (c) Retaining entry permits. Entry ventilation alone is sufficient to control
the date and time (or time period, for permits must be kept in accordance the atmospheric hazards. The
continuous monitoring) they performed with the requirements of § 1926.1219(b). documentation must contain: The
them. (d) Canceling entry permits. Entry location of the CACS, identity of the
(D) List the conditions under which permits must be cancelled in physical hazards, methods for isolating
authorized entrants can work safely in accordance with § 1926.1211(d)(4). the physical hazards, date and time the
physical hazards were isolated and additional training is necessitated by the that the ventilation is controlling the
name and signature/initials of the change in tasks, any additional training atmospheric hazards at safe levels.
individual who completed the isolation that relates to maintaining the (3) Control the atmospheric hazards at
work, the identity and safe levels of the conditions necessary to comply with the safe levels using ventilation alone.
atmospheric hazards, methods for requirements of the CACS classification Ventilation must consist of continuous
controlling the atmospheric hazards, must be completed before the employee forced-air mechanical systems that meet
atmospheric-testing results, date and enters the CACS to perform these newly the requirements of 29 CFR 1926.57
time of atmospheric testing and the assigned tasks. (Ventilation).
name and signature/initials of the (C) If a new hazard is introduced or (4) Document that the physical
individual who completed the occurs in the CACS for which the hazards are isolated and the
atmospheric testing, the determinations employee received no previous training, atmospheric hazards are being
made under paragraph (a)(2)(ii) of this the employee must exit the space and controlled. The documentation must
section, name and signature/initials of complete the training before resuming contain: The location of the CACS,
the person who completed this work in the space. identity of the physical hazards,
document, and the date and time the (iv) Ensure that the employee can methods for isolating the physical
document was completed. The demonstrate proficiency in the duties hazards, date and time of determining
documentation shall be made available required by this standard, including that physical hazards remain isolated
by posting or other methods to each new and revised procedures. and the name and signature/initials of
employee entering the space and to that (v) Training records. Maintain the individual who made this
employee’s authorized representative. training records for each employee. The determination, identity and safe level of
training records must: atmospheric hazards, methods for
Note to § 1926.1216(a)(3): Appendix B to controlling the atmospheric hazards,
this subpart provides an example of a (A) Show that the employee
accomplished the training requirements atmospheric-testing results, date and
verification document.
time of atmospheric testing and the
(b) Accident-prevention and specified in paragraph (b)(2) of this
name and signature/initials of the
protection requirements. The employer section before entering a CACS.
individual who completed the
must: (B) Contain the employee’s name,
atmospheric testing, name and
(1) Notification and posting danger names of the trainers, and dates of the
signature/initials of the individual who
signs. training.
completed this document, and the date
(i) Notify the employees that the (c) General preparations for entry. and time the document was completed.
employer anticipates will be in or near Before any employee enters a CACS, the The documentation shall be made
the CACS and their authorized employer must: available by posting or other methods to
representatives about the location of, (1) Prior to removing an entrance each employee entering the space and to
and the dangers posed by, all CACSs cover, eliminate any condition (for that employee’s authorized
located at the job site. example, high pressure in the space) representative.
(ii) Post danger signs to notify that makes it unsafe to remove the (e) During entry. While any employee
employees about a CACS. Posting signs entrance cover. is in a CACS, the employer must:
near the outside entrances to the CACS (2) Outside the space, when necessary (1) Ensure that the physical hazards
that read, ‘‘Danger—Controlled- to protect employees working in and identified above in § 1926.1204(b)
Atmosphere Confined Space— around the space, promptly: Use remain isolated.
Authorized Employees Only,’’ or similar guardrails or covers as specified in 29 (2) Ensure that ventilation alone is
language, will meet this requirement. If CFR 1926.502 (Fall protection systems controlling atmospheric hazards at safe
the employer demonstrates that a sign is criteria and practices) of subpart M (Fall levels by monitoring for atmospheric
infeasible, then it must use an equally Protection) to guard holes and openings hazards as specified above in
effective means of warning employees. into the space from falling individuals § 1926.1205(a) (requirements for
(2) Training. (i) Ensure that each of its and objects and institute measures to atmospheric testing and monitoring).
employees who enter a CACS acquires control pedestrian and vehicle traffic in Monitoring must be continuous unless
the knowledge and skills necessary for accordance with the requirements in 29 the employer can demonstrate that the
the safe performance of CACS entry CFR Part 1926 subpart G (Signs, Signals, equipment for continuously monitoring
operations. This training must result in and Barricades). a hazard is not commercially available
an understanding of the hazards in the (3) Ensure that a safe method of or periodic monitoring is sufficient.
CACS that the employee will enter, the entering and exiting a CACS (such as Where periodic monitoring is used, it
methods used to isolate or control these stairways or ladders) is provided and must be of sufficient frequency to
hazards, and recognition of signs, used, and that it meets applicable OSHA ensure that atmospheric hazards are
symptoms, and characteristic effect requirements. If a hoisting system is being controlled at safe levels.
(such as behavioral effects) of exposure used, it must be designed and (3) Document the determinations
to these hazards. manufactured for personnel hoisting; made above in paragraphs (e)(1) and
(ii) Hazards of rescue. Train the however, a job-made hoisting system is (e)(2) of this section by completing a
employees that the employer anticipates permissible if it is approved for written verification that contains: The
will be in or near the CACS and not personnel hoisting by a registered location of the CACS, identity of the
authorized to perform entry rescues professional engineer prior to use. physical hazards, methods for isolating
about the dangers of such rescues. (d) Before entry. Immediately before the physical hazards, date and time of
(iii) When to train under paragraphs any employee enters a CACS, the determining that physical hazards
(b)(2)(i) and (b)(2)(ii) of this section: employer must: remain isolated and the name and
(A) Prior to the employee’s initial (1) Ensure that the physical hazards signature/initials of the individual who
entry. identified in § 1926.1204(b) remain made this determination, identity and
(B) If an employee the employer isolated. safe level of atmospheric hazards,
anticipates will be in or near a CACS (2) Test for atmospheric hazards as methods for controlling the atmospheric
receives a change in assigned tasks and specified in § 1926.1205(a) to ensure hazards, atmospheric-monitoring
results, date and time of atmospheric work, the identity of atmospheric (1) Ensure that the physical hazards
monitoring and the name and signature/ hazards, methods for isolating the identified above in § 1926.1217(a)(1)
initials of the individual who completed atmospheric hazards, the date and time (requirements for isolating physical
the atmospheric monitoring, name and the atmospheric hazards were isolated hazards) are isolated.
signature/initials of the individual who and the name and signature/initials of (2) Ensure through testing that the
completed this document, and the date the individual who completed the atmospheric hazards identified above in
and time the document was completed. isolation work, name and signature/ paragraph (a)(2) of this section are
The documentation shall be made initials of the individual who completed isolated.
available by posting or other methods to this document, and the date and time (3) Document the determinations
each employee entering the space and to the document was completed. The made and the actions taken above in
that employee’s authorized documentation shall be made available paragraphs (d)(1) and (d)(2) of this
representative. by posting or other methods to each section by completing a written
(f) Emergencies. In the event an employee entering the space and to that verification that contains: The location
emergency occurs during entry employee’s authorized representative. of the IHCS, identity of the physical
operations, including the presence of a (b) Training. Before any employee hazards, methods for isolating the
non-isolated physical hazard or enters an IHCS, the employer must: physical hazards, date and time the
atmospheric hazard at unsafe levels, (1) Ensure that the employee acquires physical hazards were isolated, date and
then the employer must: the knowledge and skills necessary to time of determining that physical
(1) Ensure that the employees exit the recognize signs, symptoms, and hazards remain isolated and the name
CACS immediately. characteristic effects (such as behavioral and signature/initials of the individual
(2) Identify the physical and effects) of exposure to these hazards. who made this determination, identity
atmospheric hazards in accordance with This training must also result in an of the atmospheric hazards, methods for
§ 1926.1204(b). understanding of the methods used to isolating the atmospheric hazards, date
(3) Using the information obtained in isolate these hazards. and time the atmospheric hazards were
the preceding provision, follow the (2) Hazards of rescue. Train isolated, date and time of determining
classification procedures specified by employees the employer anticipates will that atmospheric hazards remain
§ 1926.1206 (Classification and be in or near the IHCS and not isolated and the name and signature/
precautions), and meet the accident- authorized to perform entry rescues initials of the individual who made this
prevention and -protection requirements about the dangers of attempting such determination, name and signature/
applicable to the space classification rescues. initials of the individual who completed
selected by the employer before any this document, and date and time the
employee reenters the space. Note to § 1926.1217(b): No documentation document was completed. The
is required for this training.
documentation shall be made available
§ 1926.1217 Isolated hazard confined
spaces—requirements for classification and (c) General preparations for entry. by posting or other methods to
accident prevention and protection. Before any employee enters an IHCS, employees entering the space and to the
the employer must: employees’ authorized representative.
(a) The requirements for classifying a (e) During entry—(1) Hazard isolation.
confined space as an Isolated-Hazard (1) Prior to removing an entrance
cover, eliminate any condition (for Once any employee enters an IHCS, the
Confined Space (IHCS) are: employer must ensure that the physical
(1) For each physical hazard that was example, high pressure in the space)
that makes it unsafe to remove the and atmospheric hazards identified
identified using the procedures in
entrance cover. above in § 1926.1217(a) (requirements
§ 1926.1204(b), determine and
(2) Outside the space, when necessary for classifying IHCSs) remain isolated.
implement an isolation method. (2) Emergencies. In the event an
(2) For each atmospheric hazard that to protect employees working in and
around the space, promptly: Use emergency occurs during entry
was identified using the procedures in operations, including the presence of a
§ 1926.1205(a), determine and guardrails or covers as specified in 29
CFR 1926.502 (Fall protection systems non-isolated physical or atmospheric
implement an isolation method. hazard, then the employer must:
(3) The employer must accomplish criteria and practices) of subpart M (Fall
Protection) to guard holes and openings (i) Ensure that the employees exit the
the isolation of the hazards in IHCS immediately.
paragraphs (a)(1) and (a)(2) of this into the space from falling individuals
(ii) Identify the physical and
section without entering the IHCS, and objects and institute measures to
atmospheric hazards in accordance with
unless it can demonstrate that this is control pedestrian and vehicle traffic in
§ 1926.1204(b).
infeasible. If it is infeasible to do this accordance with the requirements in 29
(iii) Using the information obtained in
work without entering the IHCS, then CFR part 1926 subpart G (Signs, Signals,
the preceding provision, follow the
the employer must follow the and Barricades).
classification procedures specified by
requirements for a PRCS (§§ 1926.1208 (3) Ensure that a safe method of § 1926.1206 (Classification and
through 1926.1214) and, if applicable, entering and exiting an IHCS (such as precautions), and meet the accident-
for a CS–PRCS (§ 1926.1215) to protect stairways or ladders) is provided and prevention and -protection requirements
employees entering the space to do this used, and that it meets applicable OSHA applicable to the space classification
work. requirements. If a hoisting system is selected by the employer before any
(4) Document that isolation of all used, it must be designed and employee reenters the space.
hazards has been accomplished. The manufactured for personnel hoisting;
documentation must contain: The however, a job-made hoisting system is § 1926.1218 Equipment.
location of the IHCS, identity of the permissible if it is approved for (a) The employer must provide and
physical hazards, methods for isolating personnel hoisting by a registered ensure the use of the following
the physical hazards, date and time the professional engineer prior to use. equipment:
physical hazards were isolated and (d) Before entry. Before any employee (1) Atmospheric-testing and
name and signature/initials of the enters an IHCS, the following must be -monitoring equipment needed to
individual who completed the isolation met: comply with this standard.
(2) Forced-air mechanical ventilation employer may maintain a copy of a (e) The employer must make the
equipment where needed to meet the written confined space program at the documents required to be retained in
requirements of this standard. site that incorporates the requirements this standard available on request to the
(3) Personal protective equipment, of this standard. Secretary of Labor or the Secretary’s
including respirators, if needed to (b) Retaining entry permits. The designee.
comply with this standard. If employees employer must retain entry permits for
use respirators, then the respirator Appendix A to Subpart AA of Part
at least one year from the date the 1926—List of Confined-Space
requirements in 29 CFR 1926.103 permit is cancelled.
(Respiratory protection) must be met. Requirements in Other Construction
(4) Any other equipment necessary for Note to § 1926.1219(b): With regard to Standards That Supplement the
safe confined space operations. retention and access to employee exposure Requirements of Subpart AA
records, the employer must comply with the (Mandatory)
Note to § 1926.1218(a): There are requirements of 29 CFR 1910.1020 (Access to
additional equipment requirements for employee exposure and medical records), The construction standards listed below
PRCSs (§ 1926.1210(j)) and for C–PRCSs which are made applicable to construction by have confined-space requirements for the
(§ 1926.1215(b)). 29 CFR 1926.33. performance of specific activities and
equipment. Employers must comply with
(b) Equipment maintenance, these provisions, as well as this subpart.
calibration, and use. The employer shall (c) The employer must maintain
ensure that all equipment needed to training records, as specified in
§§ 1926.1209(d)(5) (PRCSs) and Subpart D—Occupational Health and
comply with this standard is Environmental Controls
maintained, calibrated, and used as 1926.1216(b)(2)(v) (CACSs), for the
specified by: period of time the employee is
Process safety management
(1) Applicable OSHA requirements. employed by them.
requirements: §§ 1926.64(f)(4) and (j)
(2) In the absence of applicable OSHA (d) The employer must maintain HAZWOPER requirements:
requirements, in accordance with: verification documents required in §§ 1926.65(b)(4)(ii)(I), (c) through (p),
(i) The manufacturer’s instructions; or §§ 1926.1216(a)(3), (d)(4), and (e)(3) and (j)(9).
(ii) If manufacturers’ instructions are (CACSs) and 1926.1217(a)(4) and (c)(3)
not available, the recommendations of a (IHCSs) until the work in the confined Subpart J—Welding and Cutting
qualified individual as defined by 29 space is completed.
CFR 1926.32(m). §§ 1926.353(a), (b), (c), (d), and (e).
Note to § 1926.1219(d): With regard to
retention and access to employee exposure
§ 1926.1219 Records. Subpart V—Power Distribution and
records, the employer must comply with the
(a) Copy of this standard. For sites requirements of 29 CFR 1910.1020 (Access to
Transmission
where there is a confined space, the employee exposure and medical records),
employer must maintain a copy of this which are made applicable to construction by
§§ 1926.956(a) and (b).
standard at the site. Alternatively, the 29 CFR 1926.33. BILLING CODE 4510–26–P
EP28NO07.041</GPH>
EP28NO07.042</GPH>
EP28NO07.043</GPH>
EP28NO07.044</GPH>
EP28NO07.045</GPH>
EP28NO07.046</GPH>
EP28NO07.047</GPH>
EP28NO07.048</GPH>
EP28NO07.049</GPH>
[FR Doc. E7–21893 Filed 11–27–07; 8:45 am]

BILLING CODE 4510–26–C
EP28NO07.050</GPH>

Proposed Rule: Construction Safety and Health Standards: Confined Spaces Exposure Hazards

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Proposed Rule: Construction Safety and Health Standards: Confined Spaces Exposure Hazards

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Wednesday,

November 28, 2007

29 CFR Part 1926

Organization of the Standard

Confined Space with Hazards Isolated

Controlled-Atmosphere Permit-Required Confined Space

Permit-Required Confined Spaces (PRCS)

1 ‘‘FR’’ refers to ‘‘Federal Register,’’ with the

volume number (for example, 45) before, and the

that each employer ‘‘shall comply with

employers to isolate all hazards and

conditions. Such information is ensuring that employees receive Section 1926.1211—PRCS—During

use of improperly maintained or

Evaluation, classification, and notification ................................................ $5.6 million.

Number of fatalities prevented ................................................................. 6.

Number of injuries prevented ................................................................... 880.

TABLE 3.—POTENTIAL ECONOMIC IMPACTS FOR SMALL ENTITIES (SBA DEFINITION)

Total 1 ........ ............................................................... 42,448,675 192,114,106 7,759,492 0.02 0.55

Total 1 ........ ............................................................... 20,352,635 77,924,149 2,089,005 0.03 0.97

complete discussion of the reasons why OSHA has completed a preliminary

TABLE 5.—PROFILE OF POTENTIALLY AFFECTED SMALL ENTITIES

Totals ............................................................................................ 86,012 86,158 921,831 74,088 432,088

under the proposal applicable to small Business Administration (SBA). The

TABLE 7.—COLLECTION-OF-INFORMATION REQUIREMENTS OF THE PROPOSED STANDARD

(vi) Terminates PRCS entry operations required in §§ 1926.1209(b) (Prohibiting

[FR Doc. E7–21893 Filed 11–27–07; 8:45 am]

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