OSHA Instruction CPL 2.100 May 5, 1995 Directorate of Compliance Programs

Subject: Application of the Permit-Required Confined Spaces (PRCS)Standard, 29 CFR 1910.146.

A. Purpose. This instruction establishes enforcement policy andprovides explanation of the standard to ensure uniform enforcement.

B. Scope. This instruction applies OSHA-wide.

C. References.

1. OSHA Instruction CPL 2.103, September 26, 1994, FieldInspection Reference Manual (FIRM).

2. Federal Register, Vol.58, No.9, January 14, 1993,pages 4462-4563, Permit-Required Confined Spaces, Final Rule, 29 CFR1910.146.

3. Federal Register, Vol.58, No.123, June 29, 1993, pages34844-34851, Permit-required Confined Spaces, Corrections to Rule, 29 CFR1910.146.

4. Federal Register, Vol.59, No. 213, November 4, 1994,page 55209, Permit-required Confined Spaces, Technical amendment to preamble,29 CFR 1910.146.

5. Federal Register, Vol.59, No. 227, November 48, 1994,pages 60735-60739, Permit-required Confined Spaces, Notice of proposedrulemaking, 29 CFR 1910.146.

6. OSHA Instruction STP 2.22A, May 14, 1986, CH-2, January 29,1990, and CH-3, February 27, 1990, the State Plan Policies and ProceduresManual.

7. OSHA Instruction ADM 1-1.12B, December 29, 1989, theIntegrated Management Information System (IMIS) Forms Manual.

8. OSHA Instruction STP 2-1.170, March 22, 1993, Permit-RequiredConfined Spaces for General Industry.

9. Public Law 91-596, December 29, 1970, Occupational Safety andHealth Act of 1970 (the Act).

D. Action. Regional Administrators and Area Directors shallensure that the procedures established by this instruction are followed.

E. Federal Program Change. This instruction describes a Federalprogram change which affects State Programs. Each Regional Administratorshall:

1. Ensure that this change is promptly forwarded to each StateDesignee using a format consistent with the Plan Change Two-Way Memorandum inAppendix P, OSHA Instruction STP 2.22A, CH-2.

2. Explain to each State Designee, as requested, the technicalcontent of the change and the guidelines in paragraphs H., I., J., and K. ofthis instruction.

3. Ensure that State Designees acknowledge receipt of thisFederal program change in writing to the Regional Administrator when theState's intention is known, but not later than 70 calendar days after theissuance (10 days for mailing and 60 days for response). This acknowledgmentmust include a statement indicating whether the State will follow theguidelines in this instruction or develop alternative guidelines.

4. Ensure that State Designees submit a State plan supplement,in accordance with OSHA Instruction STP 2.22A, CH-3, as appropriate,following the established schedule that is agreed upon by the State andRegional Administrators to submit non-Field Operations Manual/OSHA TechnicalManual Federal program changes.

a. The State plan supplement should be in the form of aState directive or policy/procedure document, which details procedures forimplementing the guidelines in the State.

b. The State's acknowledgment of the Plan Change Two-WayMemorandum may fulfill the plan supplement requirement if the appropriatedocumentation is provided.

5. Review policies, instructions and guidelines issued by theState to determine that this change has been communicated to Statepersonnel.

F. Background. The Final Rule for Permit-Required ConfinedSpaces was published in the Federal Register on January 14, 1993, andbecame effective on April 15, 1993. The standard is based on years ofgathering information on confined space fatalities and on testimony about thehazards of confined spaces from all sectors of industry and labor. Because itapplies to all of general industry, a performance-oriented standardwas developed rather than a specification standard.

G. Standard Overview. This standard describes minimum safety andhealth program management practices for a permit-required confined space(permit space). It also recognizes the dynamic character of permit spaces asthey occur in general industry. Thus, the standard and our enforcement focuson the employer's whole program as conceived, documented andimplemented as a primary safeguard for employees and on the capacityof that program to detect confined space hazards and to respond to themappropriately. Inherent in the standard is the requirement (29 CFR1910.146(c)(6)) for employers to be ever mindful that changes in non-permitconfined spaces may create or introduce a hazard that would necessitatereevaluation and, in some cases, reclassification of spaces.

NOTES: Appendix A to 1910.146 the Permit-required Confined SpaceDecision Flow Chart" of the Final Rule is an excellent aid in reviewing thisinstruction. (See Appendix A of this instruction.)

The references which appear after each paragraph areprovided to identify other relevant sections in Appendix E of thisinstruction.

1. Paragraph (a) of the standard states that 1910.146 is aGeneral Industry standard. Employment in agriculture (1928), construction(1926), or shipyard employment (1915) is not covered by 1910.146. [Appendix E, Section (a)]

2. Paragraph (b) contains definitions of key terms used in thestandard. [Appendix E, Section (b)]

3. Paragraphs 1910.146(c)(1) through (c)(4), outline theemployer's general obligations to identify permit spaces in the workplace,and to take protective action. Briefly, the employer shall:

a. Evaluate the workplace to identify spaces that meetthe definition of a permit space because of existing or potential hazards[(c)(1)]; [Appendix E, Section (c)]

b. Inform exposed employees [(c)(2)] (by posting dangersigns or by any other equally effective means) of the existence, location,and the danger posed by the permit spaces; [Appendix E, Section(c)]

c. Decide if its employees are going to enter the permitspaces. If the employer decides that employees will not enter a permit space[(c)(3)], the employer shall take measures to prevent entry and shall complywith paragraphs (c)(1), (c)(2), (c)(6) and (c)(8). If entry is allowed[(c)(4)], the employer shall comply with 1910.146(d), except as provided inparagraphs (c)(5) and (c)(7). [Appendix E, Section(c)]

d. Paragraph (c)(5) provides alternate procedures forentry of permit spaces where the employer establishes that the only hazardposed by a permit space is an actual or potential hazardous atmosphere andthat continuous forced air ventilation alone is sufficient to maintain thepermit space safe for entry. [Appendix E, Section(c)]

4. Paragraphs (c)(6) and (c)(7) provide for reclassification ofspaces when changes occur which either introduce or eliminate hazards. [Appendix E, Section (c)]

5. Paragraphs (c)(8) and (c)(9) set responsibilities for hostemployers and contractor employers, respectively, when the host employersarrange to have contractors conduct permit space entry operations. [Appendix E, Section (c)]

6. Paragraph (d) Sets the elements of a PRCS program.[Appendix E, Section (d)]

7. Paragraphs (e), (f), (g), (h), (i), (j) describe the minimumrequirements for a "Permit System," the "Entry Permit," "Training," and"Duties" of active participants involved in the permit space entry,respectively. [Appendix E, Sections (e), (f), (g), (h), (i),(j)]

8. Paragraph (k) contains provisions relating to the rescue ofentrants. [Appendix E, Section (k)]

H. Compliance Officer Safety. OSHA prohibits routine entry byCompliance Officers into permit spaces. If entry must take place, theguidelines found in Appendix C of this instruction shall be employed.

I. Inspection Procedures. The following guidelines are fordetermining when to evaluate an employer's PRCS program. Any ComplianceOfficer who is familiar with the standard and with this inspection policy mayevaluate an employer's PRCS program.

NOTE: Appendix D of this instruction is intended only as an aid forCompliance Officers, and is not intended to be the sole basis on which anemployer's PRCS program is evaluated.

1. Unprogrammed Inspections. A comprehensive PRCSprogram review is expected to include a review by the CSHO of all confinedspaces. The review is to be a part of all unprogrammed inspectionswhere the subject of the complaint, referral, or initiating event is permitspace hazards. The employer's PRCS program is expected to be evaluated ifthe compliance officer believes that permit space hazards exist even thoughthey were not the subject of the complaint, referral, or event.

2. Programmed Inspections. A PRCS program reviewnormally shall be part of comprehensive general industry programmedinspections in any workplace where confined spaces may exist. Where a reviewis not done and permit spaces are found to exist in the workplace, thebasis for the decision not to review shall be explained in the casefile.

J. Documentation for Violations. Because the standard focuses onthe integrity of the employer's program and each of its components,Compliance Officers are expected to carefully review the employer's writtenpermit space program and the documentation in support of that program, andnote the extent of any discrepancy between the program as documented and asit is implemented. Deficiencies in either program content or implementationmay be cited, but the basis for any citation must be explicitly substantiatedin the case file.

K. Citation Guidance. Citations for violations of the PRCSstandard shall be issued in accordance with the FIRM, Chapters III and IV.

1. Classification of Violations. Any violation of thePRCS standard could lead to a condition which might result in death orserious physical harm to employees; such violations shall normally beclassified as Serious. Note: The agency's de minimis policywill apply for employers who utilize the alternate retrieval line attachmentpoint referred to by the proposed rule change to the standard for chest orfull body harness.

2. Citations. Citing in the alternative As notedin Appendix E, the standard applies to maintenance activities, but not toconstruction. In situations where the nature of the work being performed isambiguous; (i.e., it may be viewed as either construction or maintenance) thecitation should note the section of the standard which was violated and, inthe alternative, the hazard which constitutes a violation of the general dutyclause (Section 5(a)(1) of the Act).

Other-than-serious violations may be grouped with a seriouscharacterization, following FIRM guidance.

L. Special Enforcement Situations. Appendix B of thisinstruction contains a list of particular standards which apply in specifiedsituations. When there is a question as to the appropriate standard(vertical or horizontal), the vertical standard shall be cited primarily withthe general standard cited in the alternative.

Joseph A. Dear Assistant Secretary

DISTRIBUTION: National, Regional, and Area Offices All Compliance OfficersState Designees NIOSH Regional Program directors OSHA Training Institute

Appendix A. Permit-Required Confined Space Decision Flow Chart

Specific Vertical Standards Taking Precedence

These particular vertical standards take precedence over the Permit-requiredConfined Space standard for the hazards they address. Clarification note: The term "confined space(s)" as used in standards promulgated before the PRCSstandard are to be considered equivalent to a "permit space(s)" in 29 CFR1910.146.

Standard Working in Confined Spaces

1910.252(a)(4)(i) Removal of arc welding electrodes duringsuspension of work in confined spaces.

1910.252(b)(4)(i) to (vii) Protection of personnel

welding in confined spaces (ventilation, securingwelding equipment, lifelines, attendants, electrode removal, gas cylindershutoff, warnings).

1910.252(c)(4) Health protection and ventilation forwelder and outside helper during welding operations in confined spaces.

1910.252(c)(9) Specifies ventilation and respiratoryprotection requirements for welding in confined spaces using cadmium-bearingfiller metal.

1910.252(c)(10) Specifies local exhaust ventilation orrespiratory protection for welding and cutting mercury-coated or-bearingmaterials, including paint, in confined spaces.

1910.261(b)(5) Specifies safe practices (lifeline, safetyharness, attendant, atmospheric testing, availability of SCBA, and lock out)for entering a vessel in pulp, paper, and paperboard mills

1910.268(o) Addresses certain hazards involvingmanhole and unvented vault entry by telecommunication employees.

1910.269(e) Applies to routine entry into enclosedspaces by qualified employees preforming operations or maintenance workwithin the scope and application of 1910.269.

1910.269(t) Provides additional requirements for workin underground electrical installations.

1910.272(g) Specifies entry procedures for bins,silos, and flat storage buildings and tanks with a diameter less than theheight, and for all top entries of these structures in grain facilities.

1915.12 Precautions before entering confined andenclosed spaces and other dangerous atmospheres.

1915.14 Hot work being performed in confined orenclosed spaces.

1917.23 Addresses entry into hazardous atmospheresat marine terminals (testing, ventilation, standby observers).

1917.152(b) Requires that work not be performed inconfined space until it is determined, through atmospheric testing, that thespace is not hazardous.

1917.152(f)(2) Requires ventilation and respiratoryprotection, with standby person, when hot work is done in confined spaces.

1917.152(f)(3) Specific requirements for welding,cutting, or heating of toxic metals in confined spaces.

1918.93 Addresses entry into storage spaces ortanks where potential hazardous atmospheres exist

1926.21(b)(6)(i) Requires instructions to employees whoenter confined or enclosed spaces.

1926.21(b)(6)(ii) Defines the confined and enclosed spaceswhich require instruction.

1926.352(g) Fire prevention measures associated withthe use of fuel gas and oxygen in enclosed spaces.

1926.353(b)(1) Requirement for exhaust ventilation whenwelding, cutting, or heating is performed in confined spaces.

1926.353(b)(2) Requires air line respirators and standbyperson whenever the means of access is blocked by ventilation equipment.

1. Entry Policy for CSHOs. Only CSHO's who areexperienced and trained in confined space entry may enter permit-requiredconfined spaces. The training requirements specified in this appendix are aminimum for this purpose.

2. CSHO Safety and Health. CSHO's, in coordination withsupervisors, should evaluate the hazards identified by the employer which arepresent in the permit-required confined space. In addition, the space shouldbe independently evaluated by the CSHO for any other hazards which may bepresent. Appropriate precautionary measures should be based on both of theevaluations.

a. Besides personal protective equipment normally issuedto the CSHOs, a CSHO who is conducting inspections involving entry ofpermit-required confined spaces shall be given ready access to all equipmentnecessary for safe entry.

b. A second trained CSHO will act as an attendant whenthe first CSHO enters the permit space. Both CSHOs will be cross-trained ineach other's duties as an entrant and an attendant.

c. The CSHO who will enter the confined space may usethe permit entry procedures established by the employer only after a thoroughreview and comparison of those procedures with 1910.146. If there is apotential or actual discrepancy between the standard and theemployer's procedures, the CSHO will contact a supervisor to discuss furtheractions by the CSHO. Entry will not commence until all discrepancies havebeen resolved.

d. No entry will be attempted until the equipmentnecessary for safe entry has been provided and all provisions of the1910.146 standard have been met.

3. Training Minimum training for a CSHO who will beentering a permit space is:

a. The Confined Space entry course offered by OSHA'sTraining Institute or equal.

b. Respiratory Protection course (9 day) offered byOSHA's Training Institute or equal.

c. Introduction to Industrial Hygiene for SafetyPersonnel course offered by OSHA's Training Institute orequal.

This appendix has been included for general guidance only. It isnot intended to direct the CSHO's investigation or restrict the manner inwhich an employer's program is evaluated.

I. INITIAL INFORMATION

A. To what degree is the employer familiar with the standard andits contents? (Does the employer understand the key terms defined in thestandard?)

B. Request identification of those confined spaces evaluated anddetermined to require a permit, their locations, along with any documentationas to the permit space determination (memos, contract, report, etc.) and whenthe determination was made.

1. How does the employer meet the standard's requirementof paragraph (c)(6) for review of existing non-permit confined spaces forhazards which would convert them to a permit space?

C. Evaluate the process by which the employer identified anypermit spaces, as follows:

NOTE: If an employer elects not to have its employees enterthe permit space, a thorough evaluation of each space is notrequired.

a. Was the determination made based upon historicaldata? If so, how reliable is that data?

b. Were the substance's hazards appropriatelyidentified and evaluated to comply with paragraph (d)(2) of the standard? All the hazards that can affect the safety and health of entrants must bedetermined; e.g., gasoline is flammable but also contains benzene which canbe a health hazard.

c. Were the sampling methods and/or testing equipmentappropriate for each substance?

d. Are mechanical and other non-atmospheric hazards,for the space or for the work to be performed in the space, addressed in theemployer's evaluation method?

2. If the employer has arranged to have some other party(consultant or insurance carrier) evaluate the workplace, request a copy ofthe report presented to the employer in order to assess the adequacy of theevaluation.

D. Are contractors performing permit space entries? If so,determine who they are and their work location.

2. Did the contractor develop the permit space programin use? If not, whose program is being used or followed by the contractor? If so, how was their program coordinated with the host employer's PRCSprogram?

3. What measures have the employers taken to facilitatecoordination and safety for multi-employer worksites? Examples of thesemeasures might be communications systems, postings, assignments of liaisonpersonnel, or contractual agreements.

II. TRAINING

A. Employees:

1. What is the employer's policy with regard to employeeentry referenced in paragraph (c)(2), and how are the employees informed ofthe policy?

2. How are the affected employees referenced inparagraph (g)(2) identified? Who are they?

3. How are affected employees informed of the employer'spolicies on permit space entry?

4. How and when are new or reassigned employees informedof the existence and locations of permit spaces?

5. Is the employer's PRCS program used in employeetraining?

B. The trainer:

1. Who are the individuals conducting the training, andwhat training are they providing?

2. For the training being presented, is the trainerknowledgeable about the subject matter in general and with the particularpermit space situations at the workplace?

C. The employer:

1. How does the employer verify that the training hasbeen provided?

2. How does the employer evaluate employee proficiencyin the duties required by the permit space program?

3. What criteria does the employer use to decide ifretraining is necessary?

III. PRCS PROGRAM.

A. Obtain a copy of the employer's written policies andprocedures.

3. Does the written program provide for compliance withthe applicable elements listed in paragraph (d) of thestandard?

B. Does the program provide appropriately for employee inputregarding the classification of spaces, the identification of hazards,training, the adequacy of entry procedures and precautions, and other areaswhere employee knowledge and experience would be pertinent?

IV. ENTRY PROCEDURES

A. Obtain a list of entrants or identify the employees who havebeen assigned the duties of "authorized entrant," "attendant," "entrysupervisor," and determine who is authorizing entry. During the inspection,interview a sufficient number of employees in each category to evaluate thetraining provided and the permit space program's effectiveness.

B. Determine the name, position, and training of the person(s)responsible for authorizing or in charge of entry under the permit system[entry supervisor(s)].

C. Are the alternate procedures referenced in paragraph (c)(5)being employed for permit space entry?

1. Review all data relating to each (c)(5) entryundertaken. The following are some examples of questions the CSHO mayconsider useful:

a. What is the size (volume) and configuration of thepermit space?

b. How have the physical properties (molecularweight, vapor pressure, etc.) of the atmospheric hazards been considered inthe design of the ventilation plan?

c. What is the capacity of each piece of ventilationequipment being used? Does capacity match requirements of thespace(s)?

d. What is the air exchange rate required to maintainacceptable entry conditions under a worst casescenario?

e. What are the procedures the employer uses todetermine acceptable entry conditions?

g. Do the entrants know what are the "safe for entry"conditions and where the supporting data ismaintained?

h. How does the employer demonstrate that the onlyhazards in the permit space are atmospheric?

i. How did the employer demonstrate that continuousforced air ventilation would maintain the permit space safe forentry?

j. How did the employer collect and document themonitoring and inspection data used to support application of paragraph(c)(5)?

k. How does the employer make the documentation ofdeterminations and supporting data available to permit spaceentrants?

l. How does the employer determine that theoperations or activities being performed within the permit space (forexample: mucking, cleaning, etc.) do not contribute to the atmospherichazard?

m. If employees needed to enter the permit space toobtain the data required by paragraph (c)(5)(i)(C), what procedures andequipment were used to comply with paragraphs (d)-(f) and(h)-(k)?

2. Ask to see any documentation from previous entriesusing the alternate procedures.

3. Identify the equipment to be used for sampling andmonitoring the permit space to comply with paragraph(c)(5).

a. Determine if the equipment is being maintained andcalibrated in accordance with the manufacturer'srecommendations.

b. Have air sampling, monitoring plans and proceduresbeen developed which take into consideration any sampling equipmentlimitations?

c. Do sampling plans include measuring exposure atthe employee locations as well as other locations in thespace?

4. Who has the employer authorized to certify that thepre-entry measures required under paragraph (c)(5) have beentaken?

a. What does the certifier know about the permitspace being entered?

b. How is the certification made available to eachemployee entering the space?

c. Are there any entry procedures used beyond thoserequired by paragraph (f)(1), to inform entrants of entry conditions and howthey relate to the acceptable entry conditions that have beendetermined?

d. How does the employer notify entrants of the needto exit the space when a hazardous atmosphere isdetected?

V. RESCUE.

Review the employer's policy to determine which rescue procedures are beingemployed. If non-entry rescue has been ruled out, ascertain which of theentry rescue options has been implemented.

A. Non-entry rescue:

1. If non-entry rescue is being practiced, whatequipment is used?

2. If non-entry rescue is not being practiced, what arethe employer's reasons for not using it?

3. Does the employer review each space to be entered todetermine whether to employ or not to employ non-entryrescue?

B. On-site rescue services: (A host employer's ownemployees)

1. Determine the number of employees assigned to performrescue, verify training for each member of the rescue service, and find outwhich of them have a current first-aid and cardiopulmonary resuscitation(CPR) certification.

2. Review the rescue procedures as they compare with thewritten PRCS program, and with the requirements of paragraph(k)(1).

3. Note the work shifts of the rescuers and compare themto the permit entry times.

C. Non-host employer rescue employees (off-site):

1. Who provides the off-site rescue service and where isthe service located?

2. How is the arrangement between the employer and theoff-site rescue service documented (contract, letter of agreement, verbalagreement)?

3. How does the employer decide, given the identifiedpermit-space hazards, that the off-site rescue service's response time,experience, and training are adequate?

4. Have the rescue service training requirements inparagraph (k)(1) been met?

6. Are rescue services on-call or on-site when permitspace entry is underway?

8. How does the employer verify that the rescue servicewill be available during the time of employee entry?

D. Combinations:

1. If combination of on-site and off-site rescueservices is employed:

a. Obtain a copy of the rescue plan which describesthe roles of each party, and

b. Verify that the on-site and off-site rescueservices employees have trained together as a team.

c. Determine if, the combined rescue services enablethe employer to comply with the requirements for rescueservices.

Questions and Answers for PRCS Standard Clarification

SECTION (a) - Scope and Application

1. Are only those employers engaged in manufacturing operationscovered by the PRCS standard?

No. The standard applies to all general industry places ofemployment. Among them are Agricultural services, Manufacturing,Transportation and Utilities, Wholesale Trade, Food Stores, Hotels and OtherLodging, Health Services, Museums, Botanical Gardens and Zoos but to name afew.

2. What Agricultural Standard Industrial Classification codes (SIC)fall under the scope exemption of the standard?

SIC Codes in Major Groups 01 and 02 which are directly related tocrop and livestock production are exempt. All other major groups withinagriculture will have to be determined on a case-by-case basis.

3. When is work in the Telecommunication Industry covered by thegeneric 1910.146 standard?

Telecommunications employers do have obligations under PRCSstandard. Like all other General Industry employers, 1910.146(c)(1) requiresthem to evaluate the workplace to determine if there are any permit spaces. It is expected that these spaces have been known for years and there is mostlikely a history of any manholes that present hazards not already addressedby 1910.268. Those manholes which are suspected of posing "other" hazardsmust be evaluated under 1910.146(d)(2). The detailed evaluation does nothave to be completed prior to the effective date of the standard, but doeshave to be completed prior to entry.

Many hazards encountered in telecommunications work in manholes andunvented vaults are addressed by 1910.268(o). The telecommunications standardwill continue to be applied to those hazards, and the provisions of 1910.146would not apply where the provisions of 1910.268(o) already apply. However,the agency can envision manholes and work situations that will be covered by1910.146. For example, although it is rare, manholes can becomeoverwhelmingly contaminated with toxins or other hazardous chemicals. If thework area cannot be made safe before entry, through compliance with1910.268(o)(2)(i)(B), any entry would be performed under the provisions of1910.146.

Confined space hazards in General Industry that are notaddressed by an industry-specific standard will be covered by1910.146.

OSHA also considers entry operations or activities which producetoxins or create other hazards, which are not controlled through compliancewith 1910.268(o), to be covered by 1910.146.

4. How will OSHA enforce the PRCS standard in Electrical Powerfacilities?

Basically the alternate entry procedures of 29 CFR 1910.269 for"enclosed spaces" and "underground installations" apply to "qualifiedemployees" performing maintenance or operations work. 29 CFR 1910.146 willcontinue to apply in all other PRCS situations.

5. How will OSHA address confined space hazards confronted byshipyard employees?

Confined spaces in shipyard employment are not subject to the1910.146 standard. The revised 29 CFR 1915 (F.R./ Vol. 59, No. 141 datedJuly 25, 1994) addresses Confined and Enclosed Spaces and Other DangerousAtmospheres in Shipyard Employment. However, if there are hazards presentthat the 1915 standard does not address, 1910.5 provides for the applicationof the general standard, in this case 1910.146.

6. How will the 1910.146 standard apply to Marine Terminals andLongshoring?

The 1910.146 standard does not apply to Marine Terminals (29 CFR1917) or to Longshoring (29 CFR 1918).

7. Must an employer covered by an industry-specific standard performthe initial workplace evaluation required by 1910.146(c)(1)?

Yes. Employers with spaces covered by a specific industry standardmust still determine if they have spaces which would qualify as a permitspace not covered by the industry specific standard. Therefore, allemployers must do an initial evaluation under 1910.146(c)(1).

8. A facility, falling within the scope of the General Industrystandards, is undertaking physical changes involving work in permit spaces. These changes will also employ construction practices either by in-house orcontractual employees. Which standard, 1910.146 or 1926.21(b)(6), will beenforced for the work involved in the permit-required confined spaces?

Generally speaking, refurbishing of existing equipment and space ismaintenance; reconfiguration of space or installation of substantially newequipment (as for a process change) is usually construction. Those spacesidentified under 1910.146(c)(1) as permit spaces that are undergoingmaintenance or modifications, which do not involve construction, would besubject to the General Industry standards.

A confined space created during or as a result of constructionactivity or entered to perform construction activity would usually fallwithin the scope of the 29 CFR 1926 standards and the general duty clauseuntil the space is turned over for General Industry operations.

Some examples:

* The lining in a tank is in need of restoration either toprevent the structural part of the tank from deteriorating or to prevent theproduct from being contaminated by the material making up the tank structure. In either case, the partial patching or total removal of existing lining andreplacement is maintenance. The installation of a new lining for the abovereasons is also maintenance.

* The relining of a furnace with new refractory ismaintenance.

* Tuck pointing and individual brick replacement in a manholeis maintenance.

* The relining of a sewer line using a sleeve which is pushedthrough a section of the existing system is maintenance.

* Repainting, which is part of a scheduled program to maintaina system or prevent its deterioration is maintenance.

9. Can a utility, other than telecommunication or electricaldistribution, apply the 1910.268(o) or the 1910.269 rules for their streetmanhole entries?

No, the procedures for manhole entry with regard totelecommunication and electrical distribution were developed specifically toaddress certain anticipated hazards for those industries.

The rulemaking process for the General Industry standard forconfined spaces specifically reviewed, addressed, and incorporated into thefinal rule the hazards of manholes used in conjunction with the distributionof other utility services, and thus 1910.146 is the appropriate standard tobe followed.

SECTION (b) Definitions

1. Under what circumstances will stairs or ladders constitute alimited or restricted means of egress under the standard?

Ladders, and temporary, movable, spiral, or articulated stairs willusually be considered a limited or restricted means of egress. Fixedindustrial stairs that meet OSHA standards will be considered a limited orrestricted means of egress when the conditions or physical characteristics ofthe space, in light of the hazards present in it, would interfere with theentrant's ability to exit or be rescued in a hazardous situation.

2. Does the fact that a space has a door mean that the space does nothave limited or restricted means of entry or exit and, therefore, is not a"confined space"?

A space has limited or restricted means of entry or exit if anentrant's ability to escape in an emergency would be hindered. Thedimensions of a door and its location are factors in determining whether anentrant can easily escape; however, the presence of a door does not in and ofitself mean that the space is not a confined space. For example, a spacesuch as a bag house or crawl space that has a door leading into it, but alsohas pipes, conduits, ducts, or equipment or materials that an employee wouldbe required to crawl over or under or squeeze around in order to escape, haslimited or restricted means of exit. A piece of equipment with an accessdoor, such as a conveyor feed, a drying oven, or a paint spray enclosure,will also be considered to have restricted means of entry or exit if anemployee has to crawl to gain access to his or her intended work location. Similarly, an access door or portal which is too small to allow an employeeto walk upright and unimpeded through it will be considered to restrict anemployee's ability to escape. OSHA published a technical amendment to thepreamble in Federal Register / Vol. 59, No. 213 / Friday, November 4, 1994,page 55208.

3. Can the distance an employee must travel in a space such as atunnel, to reach a point of safety be a determinant for classifying a spaceas a confined space?

Yes. The determination would most likely be a function of the timeof travel to the point of safety.

4. How will OSHA assess a space which is entirely open on one plane,such as a pit, in determining whether a space has limited or restricted meansfor entry or exit?

In determining whether a space has limited or restricted means forentry or exit, OSHA will evaluate its overall characteristics to determine ifan entrant's ability to escape in an emergency would be hindered. Thus, apit, shaft or tank that is entirely open on one plane can be considered aconfined space if the means for entering the space (stairway, ladderway,etc.) are narrow or twisted, or otherwise configured in such a way as tohinder an entrant's ability to quickly escape (See question No. 1 of thissection). Similarly, the pit, shaft, or tank itself may be confining becauseof the presence of pipes, ducts, baffles, equipment or other factors whichwould hinder an entrant's ability to escape.

5. How will compliance officers interpret a "condition in which thedust obscures vision" with reference to the definition of a hazardousatmosphere?

The phrase appears in a note and is meant to be an informational aidto employers and employees in approximating the lower flammable limits. Itshould be noted that combustible dusts have differing lower flammable limitswhich are dependent on the composition of the dusts, the particle size,distribution and other factors. Since the airborne concentration may varyconsiderably within the space, and the settled dust may also pose hazards, itis important that the employer recognize the potential hazards when enteringconfined spaces containing such dust and that the employer take appropriateprecautions for protection of entrants.

Regarding flammable dusts in confined space, it will be OSHA policyto sample and to analyze such dusts for combustibility, prior to issuingcitations, whenever there is doubt as to the nature and extent of the dusthazard. Note that existing permissible exposure limits for nuisance dusts andother standards continue to apply.

6. How will OSHA address a space that does not satisfy the criteriafor a confined space but that potentially contains a hazardousatmosphere?

Employers must comply with the permissible exposure limits and otherrequirements contained in standards addressing specific toxic substances andair contaminants, to the extent applicable, in all spaces in which employeesmay be present. In addition, the respiratory protection standard, 29 C.F.R.1910.134, applies where an employee must enter a space in which a hazardousatmosphere may be present and no other specific standard applies. Therespiratory protection standard contains special precautions for working inatmospheres that are oxygen deficient or immediately dangerous to life orhealth.

7. Are the hazards posed by a confined space to be considered indetermining whether a space meets the definition of a confined space?

The determination whether a space has "limited or restricted meansfor entry or exit" within the meaning of the standard's definition of"confined space" should include consideration of whether, in light of thehazards posed by the particular space at issue, the configuration or othercharacteristics of the space would interfere with an entrant's ability toescape or be rescued in an emergency situation.

8. Can a space that is initially designed for continuous humanoccupancy become a "confined space" because of changes in its use?

If the changes alter the character of the space or if new or moreserious hazards are introduced, those changes require reevaluation of whetherthe space is fit for continuous employee occupancy. If the space is not fitfor continuous employee occupancy and the other criteria of the confinedspace definition are met, the space should be reclassified as a confinedspace.

9. Does the characteristic "contains or has a potential to contain ahazardous atmosphere" in the definition of "permit-required confined space"refer only to those atmospheres which pose an acute hazard?

Where employees are exposed to atmospheric or toxic hazards which donot present an immediate danger of death or disability that would render theemployee unable to escape from the confined space e.g., air contaminants suchas arsenic or asbestos) OSHA's health standards for those hazards applyrather than 1910.146, and employees must be appropriately protected inaccordance with those health standards. The PRCS standard is intended toprotect entrants against short-term, acute hazards (not exposures at or belowthe permissible exposure limits); other standards address a broader range ofhealth and safety concerns.

As noted in the definition of "hazardous atmosphere"

relating to atmospheric concentration of any substance for which adose or permissible exposure limit is published in Subparts "G"and "Z", any substance that is not capable of causing death, incapacitation,impairment of ability to self-rescue, injury, or acute illness due to healtheffects is not covered by the PRCS standard.

10. The definition of permit-required confined space contains thephrase "any other recognized serious safety and health hazard" as one of itshazard characteristics which would result in a confined space beingclassified as a permit space. The "Types of Hazards" listing in the ConfinedSpace Hazards section of OSHA's Confined Space Entry Course No. 226identifies hazards. Does the mere presence of a non-specified hazards suchas physical hazards (e.g. grinding, agitators, steam, mulching,falling/tripping, other moving parts); corrosive chemical hazards; biologicalhazards; and other hazards (i.e. electrical, rodents, snakes, spiders, poorvisibility, wind, weather, or insecure footing), which do not pose animmediate danger to life or health or impairment of an employee's ability toescape from the space constitute a hazard which would invoke thischaracteristic?

When a hazard in a confined space is immediately dangerous to lifeor health, the "permit space" classification is triggered. The listreferenced above is only illustrative of the general range of confined spacehazards which could, but not necessarily always, constitute a hazard whichwould present an immediate danger to life or health, such that "permit space"protection would be required. The determination of whether the resultingexposure to a hazard in a confined space will impair the employee's abilityto perform self-rescue is the aspect that must be addressed by theemployer.

In order for "serious safety and health hazard" to berecognized as being an impairment to escape, its severity potentialfor resulting physical harm to an employee must be considered.

11. Does the mere presence of water in a confined space such as amanhole trigger the application of the PRCS standard in order to work in thatspace?

No.

12. If the presence of water alone is not considered a hazardcharacteristic which would trigger the classification of a PRCS, whatwould?

As previously stated, the mere presence of water alone would not bea basis for applying the PRCS standard; there must be a quantity sufficienteither to endanger the life of the entrant or to interfere with escape fromthe space. Water in combination with other hazards conditions could triggerthe application of the permit space provisions of the PRCS standard. Forexample, a small quantity of water (perhaps as much as 2 to 3 inches deep) inthe confined space may not trigger the PRCS classification; however, if thewater conceals trip and fall hazards such as abandoned machine pads or floorholes and openings, the combination of these conditions may very well causethe confined space to be classified as a permit space.

SECTION (c) - General Requirements

1. Are employers covered by the PRCS standard in violation ofparagraph (c)(1) of the standard if they have not evaluated their workplaceto determine if any permit-required confined spaces?

Yes. As of the effective date of the standard (April 15, 1993),employers were required to evaluate their workplace to determine if anyspaces were permit-required confined spaces. Employers who have notperformed the evaluation would be in violation of paragraph (c)(1) unless theworkplace does not and could not contain any confinedspaces.

2. Can OSHA cite an employer for not documenting the initialevaluation of the workplace required by paragraph 1910.146(c)(1)?

The evaluation need not be documented. The employer, however, mustbe able to explain how the evaluation was conducted and describe the results. Thus, OSHA's citation will be for failure to evaluate as required by thestandard, rather than for failure to create a record of theevaluation.

3. Does the initial survey for determining if a confined space is apermit space, required by paragraph (c)(1), mandate a specific physicalsurvey of each space?

Not necessarily; the survey requirement may be met through existingrecords and knowledge of the space, provided this information is adequate tomake the determination required by the standard. For example, atelecommunications company may have records which show that the hazards ofall manholes in one section of the region can be addressed by the 1910.268(o)procedures and that the manholes in another section of the region may containtoxins due to ground water contamination. Only manholes in the lattersection would need to be surveyed. This same approach can be used for anyindustry which has a number of identical spaces and records to support itsdetermination(s).

4. How will OSHA interpret the language in paragraph 1910.146(c)(2)requiring employers to inform employees of permit spaces by posting signs or"by any other equally effective means?"

Ordinarily, information about permit spaces is most effectively andeconomically communicated through the use of signs. Consequently, signswould be the principal method of warning under the standard. Alternativemethods, such as additional training, may be used where they are trulyeffective in warning all employees who could reasonably be expected to enterthe space. It is the employer's obligation to assure that an alternativemethod is at least as effective as a sign. In some cases, employers may haveto provide training in addition to signs, to protect employees who do notspeak English or who would have difficulty understanding or interpretingsigns. (One method by which OSHA can gauge an employer's effectiveness isthrough random interviews of affected employees.)

If a space has locked entry cover or panel, or an access door thatcan only be opened with special tools, the use of signs may be unnecessaryif the employer ensures that all affected employees are informed aboutsuch spaces and know that they are not to be opened without taking properprecautions, including temporary signs, to restrict unexpected or unknowingentry.

5. Upon deciding that no employee will enter a permit space,1910.146(c)(3) requires that ".... the employer shall take effective measuresto prevent its employees from entering the permit spaces ..." What does OSHAconsider "effective measures"?

These measures could include permanently closing the space andphysical barriers, as well as bolting and locking the space, supplemented bytraining employees and posting danger signs. The steps taken by the employermust be capable of preventing employees from entering permitspaces.

6. How will an employer determine a "safe for entry" level forcontaminants under the provisions of paragraph (c)(5)?

OSHA is willing to accept as the minimal "safe for entry" level,that which is 50% of the flammable or toxic substance that wouldconstitute a hazardous atmosphere. The two examples footnoted on page 4488of the preamble to the final rule are:

(1) The LFL for methane is a concentration of 5 percent byvolume. Ten percent of this value is 0.5 percent, a concentration whichwould be considered hazardous by definition. Under the guideline themeasured concentration of methane cannot exceed 0.25 percent afterventilation in order for the procedures specified in paragraph (c)(5)(ii) ofthe final rule to be acceptable.

(2) The 8-hour time weighted average PEL for chlorine, underTable Z-1, is 1.0 parts per million. This concentration of chlorine would beconsidered hazardous by the definition of "hazardous atmosphere". Under theguideline, the measured concentration of chlorine cannot exceed 0.5 parts permillion after ventilation in order for the procedures specified in paragraph(c)(5)(ii) of the final rule to be acceptable.

Entry under (c)(5) would not be acceptable if hazards inthe space quickly increased if the ventilation were to stop. Sufficient timemust be available for an entrant to safely exit the space if the ventilationstops.

7. What type of documentation will OSHA look for if an employer usesthe alternate procedure of paragraph (c)(5)?

The data must demonstrate that there are no non-atmospherichazards and that the ventilation will keep the air inside the permit spacesafe for entry. This should include initial data in the form of:

- Volume of the space to be entered;

- Capacity and configuration of the ventilation equipment to beused;

- Identified atmospheric hazards and potential hazards;

- The sampling results from routine testing of the space fromthe time ventilating has begun through final determination of acceptableentry conditions; and

- Atmospheric hazards created by work in the space.

8. What is meant by the phrase "immediate area where an employee isor will be present within the space" as used in paragraph(c)(5)(ii)(E)(2)?

The forced clean air ventilation must be directed to where theemployee is working or will be working. If the space is so configured or solarge that directed air cannot be delivered by local ventilation (such asfans and blowers), ducting the "clean" air is required.

NOTE: The exhaust discharge of contaminants from the permit spaceto areas adjacent to the permit space must not endanger the employees of theother work areas. Also, the supplied air ventilation for the permit spacemust not cause ventilation imbalances which would create hazards in the workarea from which it is taken.

9. How much periodic testing is required?

The frequency of testing depends on the nature of the permit spaceand the results of the initial testing performed under paragraph(c)(5)(ii)(c).

The requirement in paragraph (c)(5)(ii)(F) for periodic testingas necessary to ensure the space is maintained within the limits of theacceptable entry conditions is critical. OSHA believes that all permit spaceatmospheres are dynamic due to variables such as temperature, pressure,physical characteristics of the material posing the atmospheric hazard,variable efficiency of ventilation equipment and air delivery system,etc.

The employer will have to determine and document on an individualpermit space basis what the frequency of testing will be and under whatconditions the verification testing will be done.

10. What are the minimal credentials for the person authorized tocertify the space safe for entry referred to in paragraph (c)(5)(ii)(H).

OSHA would consider as acceptable any employer representative whopossesses a level of knowledge, training, and understanding of the specificpermit space equal to that of an Entry Supervisor.

11. What does OSHA consider to be examples of changes in "use andconfiguration" which might increase the hazard to entrants and requirereevaluation and reclassifying non-permit confined spaces under paragraph1910.146(c)(6).

Changes in "configuration" address physical changes in the spacesuch as shape (adding or removal of inwardly converging floor), volume,equipment or components (addition or removal of a blender), means of accessor egress.

Changes in "use" include changes in the function of the space, thecontents or atmosphere created within it, the

temperature and humidity, and the work practices being performed oranticipated in the space.

12. What does the phrase "made available" mean in paragraphs(c)(5)(ii)(H) and (c)(7)(iii)?

The certificate must be made available to employees entering thespace so they can have the means to evaluate the measures taken for theirprotection. This requirement can be satisfied either by providing eachaffected employee with a copy of the certificate or by posting thecertificate so that each affected employee is able to inspect it. Inaddition, the individual who prepared the certificate must be available toexplain the measures taken to eliminate the hazards if any of the affectedemployees are reading-impaired or cannot understand the language in which thepermit is written.

13. What are the employer's responsibilities in multi-employer permitspace entries?

Coordination between employers who have employees entering aparticular permit space is required by 1910.146(c)(8)(iv), (c)(9)(ii) and(d)(11). The host employer who arranges for a permit space entry bycontractor employees has a duty to instruct the contractor on the hazards orpotential hazards and other factors that make the space a permit space. Thecontractor who will have employees enter the permit space is responsible forobtaining that information prior to entry. All employers who will haveemployees in the permit space are responsible for developing and implementingprocedures to coordinate entry operations (for example, determiningoperational control over the space, affected employee training, rescue,emergency services, and all other aspects of the standard requiringcoordination). Any one of the employers having employees enter the permitspace could have operational control over the permit space during dual entry.All parties (host employer and contractors) retain responsibility for theprotection of their own employees even though all the employers have agreedto a specific permit space controlling employer. There should be absolutelyno doubt, by any permit space entrant, attendant, and entry supervisorregarding who the controlling employer is and whose policy and permit spacepractices are to be followed.

14. Does an employer who has permit spaces at his work site and hadinitially met its obligation under paragraph (c)(3), have to take additionalmeasures when a contractor begins to alter a permit space?

Yes, the host employer has a continuing obligation under thestandard to prevent affected employees from entering permit spaces. Paragraphs (c)(8) and (c)(9) require coordination when both the host andcontractor employees are in or near a permit space during entry operations. Only affected employees (those working in or who routinely pass through thework area) are required to be informed.

15. What information about the present or previous contents of thepermit space must be provided to the contractor before its employeesenter?

At a minimum, the applicable Material Safety Data Sheet (MSDS) orhazard information on the contents, coatings or liners, potential hazardousatmospheres, sampling data base, and residue(s) found or anticipated in thepermit space. All information generated in the original evaluation of thepermit space must also be provided.

16. Are simple alarm devices considered to be the "direct readinginstruments" referenced in paragraph (c)(5).

No, simple "alarm only" devices which do not provide readings, arenot considered acceptable direct reading instruments, for either initial(pre-entry) or periodic (assurance) testing of a "(c)(5)" space since they donot provide enough information relative to the established acceptable entryconditions which is essential to the entrants knowledge. Combination unitswhich have a meter or display which reflect the actual concentrations and apreset alarm feature would be acceptable and possibly desirable because theyprovide "real time" information on actual concentrations as well as thebenefit of automatic (unattended) alarming at a predeterminedvalue.

17. What does OSHA accept as a "calibrated" direct reading instrumentrequired by paragraph (c)(5)(ii)(C) for entrants to test the atmosphere forpermit space entry?

A testing instrument calibrated in accordance with themanufacturer's recommendations meets this requirement. The best way for anemployer to verify calibration is through documentation.

18. Are the examples explaining physical hazards and theirrelationship to paragraph (c)(7) in the preamble at 58 Fed. Reg. 4490-4491and note 15 of instances in which hazards will be deemed eliminated frompermit-required confined spaces by compliance with 29 CFR 1910.147 and1910.303 exclusive?

No. The principle embodied in the preamble that hazards will bedeemed removed from permit-required confined spaces by compliance withexisting standards, applies to any standard that eliminates thehazard.

19. How long can a space reclassified using the procedures ofparagraph (c)(7) remain a non-permit confined space?

Once a space has been reclassified as a non-PRCS, it remainsreclassified as long as all hazards remain eliminated. The basis fordetermining that all the hazards have been eliminated and thus can bereclassified must be documented. The documentation required must be keptuntil entry operations have been completed.

SECTION (d)- Permit Space Entry Program

1. Continuous monitoring is required by 1910.146(d)(5)(i) in theareas where the authorized entrants will be working when the employer allowsentry without pre-entry determination of acceptable entry conditions forspaces and where isolation is infeasible because the space is large or partof a continuous system such as a sewer system. Does each entrant have to bemonitored individually or can an area monitor be used?

An area monitor could be used where small groups (two or threeemployees) work together in close proximity as long as the monitor canmeasure hazards encountered by the employees. However, all the entrants mustremain together as a group for the entire entry procedure.

2. What does testing or monitoring "as necessary" mean as required by1910.146(d)(5)(ii) to decide if the acceptable entry conditions are beingmaintained?

The standard does not have specific frequency rates because of theperformance oriented nature of the standard and the unique hazards of eachpermit space. However, there will always be, to some degree, testing ormonitoring during entry operations which is reflective of the atmospherichazard. The employer must determine the degree and the frequency of testingor monitoring. Some of the factors that affect frequency are:

- Results of test allowing entry.

- The regularity of entry (daily, weekly, or monthly).

- The uniformity of the permit space (the extent to which theconfiguration, use, and contents vary).

- The documented history of previous monitoringactivities.

- Knowledge of the hazards which affect the permit space aswell as the historical experience gained from monitoring results of previousentries.

Knowledge and recorded data gained from successive entries (such asventilation required to maintain acceptable entry conditions) may be used todocument changes in the frequency of monitoring.

3. Are the results of the air sampling and exposure monitoringrequired by this standard considered exposure records for purposed of 29C.F.R. 1910.20 (c)(5) OSHA's Record Access rule?

Those results which show the composition of an atmosphere to whichan employee is actually exposed (even if the employee is using a respirator)are exposure records under 29 C.F.R. 1910.20(c)(5). Conversely, if theemployer determines as the result of initial air sampling not to allow entryinto a confined space until additional ventilation and purging of theatmosphere has occurred, the sample would not be considered as exposurerecord because no employee would ever have been exposed to the atmospheresampled. Once the employer takes corrective action so that an employee canenter, however, the results of subsequent air sampling that show theatmosphere the employee actually entered would be considered exposurerecords.

SECTION (h) Duties of Authorized Entrants

1. Can an employee be both an Entry Supervisor and Authorized Entrantfor an entry?

The standard allows an employee to be both an entry supervisor andentrant as long as the employee has had the appropriate training and theduties of one activity do not conflict with the duties of theother.

SECTION (i) Duties of Attendants

1. When a single attendant is monitoring more than one permit space,is there a limit on how far the attendant can be from any of the spacesmonitored?

The bench mark for monitoring multiple permit spaces by a singleattendant is his/her ability to perform all their (attendant) dutieswithout compromising the safety of any entrants in all thepermit spaces being monitored by the attendant. There is no minimumproximity requirement.

SECTION (j) - Duties of Entry Supervisor(s)

1. Does an employer have to verify the availability of the off-siterescue service each time a permit space entry is scheduled or attempted?

Yes, the employer has overall responsibility for employee safety. If the off-site rescue service indicates, for any reason, that it would beunable to respond to a rescue summons, entry shall not be authorized unlessan adequate alternative rescue service is arranged.

SECTION (k)- Rescue Service

1. Does an off-site rescue service have to have a permit spaceprogram?

No, a complete program is not necessary; however, rescue plans andprocedures are necessary. Rescue services (on-site and off-site) arerequired by paragraph (k) to have members who are trained, equipped, andpracticed for safe entry into the particular permit spaces from which theywill be expected to rescue entrants.

2. What is OSHA policy on "horizontal" non-entry rescue?

When practical, non-entry rescue is required by paragraph (k)(3) ofthe standard and is the preferred method of rescue, even for horizontalentries. OSHA recognizes that the danger of entanglement due to lifelines orlanyards snagging or obstructions within a permit space may be greater forhorizontal permit spaces than for vertical spaces.

3. Would a rescuer entering an Immediately Dangerous to Life andHealth (IDLH) atmosphere using a supplied-air respirator in combination withSCBA (escape bottle), be in violation of OSHA regulations

Yes, however, under the conditions addressed below, the violationcan be considered as de minimis.

The PRCS standard because of its performance nature does not specifythe personal protective or rescue equipment necessary for rescue. The OSHAstandard for respiratory protection is 1910.134. Currently paragraph1910.134(e)(3)(iii) requires, when an IDLH atmosphere exists, .... A standbyman or men with suitable self-contained breathing apparatus shall be at thenearest fresh air base for emergency rescue.

The 1910.134 standard published in the June 27, 1974 issue of theFederal Register was derived from a now out-of-date voluntary standard(ANSI consensus standard Z88.2-1969). The most recent (1992) version of thissame ANSI standard for respiratory protection for working in IDLH conditionshas been changed. The new change specifies either a SCBA or a combinationsupplied-air respirator with SCBA for IDLH conditions.

It is OSHA policy to accept compliance with a provision in a currentnational consensus standard (ANSI) which provides an equivalent or greaterlevel of protection from the hazards.

A rescue service can employ the use of supplied-air respirators incombination with self-contained breathing apparatus (SCBA) when conductingrescue operations. If a rescue service employer chooses to use combinationsupplied-air respirator with SCBA over the SCBA specified in the respiratoryprotection standard 1910.134(e)(3)(iii), for permit-required confined spacerescue, the violation will be considered as de minimis as long as thefollowing minimum conditions are also employed:

1. An evaluation of the permit space to be entered has been doneto determine which appropriate respiratory protection (SCBA or Supplied-airwith SCBA) is best suited for the rescue.

2. The rescuer's respirators and air source meet therequirements of the 1910.134 standard.

3. The air source for the rescuer's respiratory protection isindependent from that which is being used by the authorizedentrants.

We also would recommend the following policies and work practices for therescue services which choose the supplied-air respirators with SCBA option:

a. Establish a policy requiring immediate withdrawal from the spacewhenever a respiratory protection problem develops.

b. Establish a policy for use and training on emergency air linesharing "buddy breathing".

c. Ensure that the rescuers wear full body harness and use lifelines whenever practical.

d. Establish a policy requiring a minimum capacity of the source airto be twice (2X) the volume of the total needs of all rescuers connected toit for the anticipated duration of the rescuer's entry.

e. Establish a policy which mandates a minimum team of two rescuersfor all permit space rescue entries.

OSHA's settlement agreement with the Edison Electrical Institute,Tampa Electric Company, Consolidated Edison Co. of New York Inc., FloridaPower and Light Company and Florida Power Corporation, agreed to include theMarch 12, 1993 letter to Mr. Stephen C. Yohay into thisinstruction.

This appendix is the vehicle by which this letter is included. Theterms of the settlement agreement also amended the last sentence of paragraphD.2. of this letter to read as follows:

The survey requirements can be met through existing recordsand knowledge of the spaces, provided this information is adequate to makethe determinations required by the Standard.

Please Note:

1. The original letter has not been modified and that pen andink changes with regard to the amended sentence in paragraph D.2. will haveto be accomplished by the reader.

2. This letter deals specifically with the proposed rule and notthe final. Some of the comments and policy positions may change as a resultof the publication of the final rule on power generation, transmission anddistribution facilities.

March 12, 1993

Mr. Stephen C. Yohay McDermott, Will and Emery 1850 K Street, N.W.Washington, D.C. 20006-2296

Dear Mr. Yohay:

This is in response to your letter of February 18 regarding concerns of themembers of the Edison Electric Institute about OSHA's Permit RequiredConfined Space standard, 29 CFR 1910.146 (confined spaces or PRCS standard). It also summarizes the extended discussion between you and your clients andOSHA and Solicitor of Labor staff on February 22, at which occasion yourletter served as an agenda.

First, I will summarize the major, general points made at the meeting, andthen will address the specific questions in your letter.

1. The Permit Required Confined Space standard covers electricpower generation, transmission and distribution facilities and will continueto do so with respect to those spaces and situations which are not explicitlyaddressed in the forthcoming specific standard for the power generationindustry, 29 CFR 1910.269 Electric Power Generation, Transmission andDistribution (the "power generation standard").

2. The power generation standard was published as a proposal in1989. It was, as your colleague, Mr. Platt, notes in correspondence to theSecretary, based on electric utility industry and union inputs, among othersources. When it becomes a final standard, it will resolve many of thesignificant problems the industry has in complying with the general industryconfined space standard.

3. OSHA accepts compliance with the proposed powergeneration standard, in the spaces and situations where it will apply, asequivalent to compliance with the confined space standard. That is to say,OSHA will neither issue citations nor propose penalties where the employerhas appropriately carried out the requirements of the proposed powergeneration standard. This policy is consistent with long-standing agencypractice; specific procedures are spelled out in the OSHA Field OperationsManual (CPL 2.45B et seq.) whereby compliance with proposed standards in lieuof existing applicable standards is treated as a de minimis violationof the Occupational Safety and Health Act, carrying no penalties andresulting in no citations, as long as this practice affords equivalentprotection to employees.

EEI's Questions and Concerns

A. "General Concerns". As indicated above, OSHA recognizes that theproposed power generation standard represents significant consensus by theelectric utility industry and unions, and that it reflects practices alreadybeing implemented in that industry. We agree that the final standard, whichwe expect to be substantially similar to the proposal, will eliminate many ofthe specific problems raised in your letter.

B. Regarding the Need for a "Vertical Standard for Electric Utilities." As indicated above, OSHA agrees that a standard is necessary for electricpower generation, transmission, and distribution work and is moving towardits promulgation as rapidly as resources and good workmanship allow. TheAgency recognizes that there are problems associated with performing similartypes of work under differing construction and general industry standards. Should ambiguities remain, they will be addressed through interpretation ofexisting standards and through guidance to OSHA's enforcement staff throughcompliance directives. It is presently the intention of the Agency topropose a revision of Subpart V of the Construction Standards after final1910.269 is published.

C. Urging that "Electric Utilities...be excluded from the PRCS for thesame reasons that shipyards were excluded." As noted in the general commentsabove, promulgation of an electric power generation, transmission, anddistribution standard will address the electric utilities concerns and willtreat them "equally" with shipyards. Note that, like the shipyards, theywill not be required to implement the PRCS standard only to have to complywith a new and vastly different vertical standard after a short time. Forall practical purposes, the electric utilities industry is protected from any"whip-saw effect" by simply complying with the proposed power generationstandard where it applies and with the PRCS standard where the proposal doesnot apply.

D. Regarding the Effect of PRCS on Operations and Customer Service.

1. Definition of permit required confined space. As indicatedin our discussion, energized equipment will not trigger permit entryrequirements if it is insulated, or enclosed. Where electric equipment isinsulated or enclosed and where there are no atmospheric or other hazardswhich, in their own right, would trigger PRCS requirements, no permit isrequired.

Additionally, where employees are exposed to atmospheric orother toxic hazards which do not present an immediate danger of death ordisability that would render the employee unable to escape from the confinedspace (e.g., air contaminants such as arsenic or asbestos), OSHA's healthstandards for those hazards apply rather than 1910.146, and employees must beappropriately protected in accordance with those health standards. The PRCSstandard is intended to protect employees against specific short-term, acutehazards (not exposures at or below the permissible exposure limits); otherstandards address a broader range of health and safetyconcerns.

2. Initial Survey of Facilities. We agreed that the tens ofthousands of manholes owned by the utilities need not be physicallysurveyed to determine whether they are permit required confined spaces. Thesurvey requirement can be met through existing records and knowledge of thespaces.

3. Definition of Entry. While the standard defines the processof "entry" into a confined space as beginning with the insertion of any partof the body into that space, it defines as confined spaces only those areasthat can contain the whole body, and not cabinets or control panels which areaccessed by simply reaching in to turn a valve or a switch. This is statedexplicitly in the preamble to the final rule (page 4477 column 2 of the final1910.146 standard).

4. Definition of Hazardous Atmosphere. We agreed that the term"lower flammable limit" is synonymous with the older term "lower explosivelimit". The utilities are free to use either term in their PRCS programs.Regarding flammable dusts in confined space, it will be OSHA policy to sampleand to analyze such dusts for combustibility, prior to issuing citations,whenever there is doubt as to the nature and extent of the dust hazard. Notethat existing permissible exposure limits for nuisance dusts and otherstandards continue to apply. The note in the final standard (at thedefinition of "hazardous atmosphere") provides additional guidance on thistopic.

5. "Declassification" of permit required spaces. As discussedon February 22, the standard provides simple criteria for classifying andre-classifying spaces. Once a space has been reclassified as a non-PRCS, itremains reclassified as long as all hazards remain eliminated. The basis forclassification must be documented. With regard to the documentation requiredby paragraph (c)(5), it must be kept until the job is completed and therewill be no further entry of the space in question. (Refer to 29 CFR1910.146, paragraphs (c)(5) and (c)(7))

6. Attendants. Attendants may conduct rescue from outside theconfined space, using (for example) harnesses and lanyards. The attendant,for obvious reasons, may not enter the space to perform a rescue unless he orshe is properly relieved by another employee who is properly qualified toassume attendant responsibilities. This precaution, with other safeguards,will prevent the possible injury or death of the rescuer. The proposed powergeneration standard under 1910.269(e)(5) requires stationing of an attendanttrained in basic first aid at an enclosed space, under certain circumstances,to provide emergency assistance. This proposed language reflects OSHA'sintent to have attendants help enclosed space entrants outside the spaces(i.e., providing first aid), rather than to have attendants enter spaces torescue entrants. In addition, 1910.269(t)(3)(ii), cited in your letter,provides that an attendant may enter a manhole for inspection, housekeeping,taking readings, or similar work, if such work can be performed safely. Athird person to act as relief for the attendant is not required. Anattendant who is properly trained and equipped may conduct non-entry rescue. Neither the PRCS standard nor proposed 1910.269(e)(5) permits attendants toenter permit spaces to rescue entrants, unless the "attendant" has beenproperly trained, equipped, and relieved. (An attendant required under1910.269(t)(3) would be permitted to enter the space for rescue purposes, aslong as it is safe to do so.)

7. Rescue. The confined space standard and the proposed powergeneration standard differ as to their requirements for retrieval lines,harnesses, etc. Compliance with the proposed power generation standard whenworking in manholes and other covered locations will avoid the problemsenumerated in your letter. Note that retrieval lines are not requiredin all cases -- if the employer can demonstrate that retrieval lines are notfeasible (are a greater hazard or would not contribute to rescue of anentrant), they are not required. If retrieval lines are not required, thentripods or other mechanical retrieval devices are also notrequired.

8. Administrative Burdens and Paperwork. The documentationrequirements of the confined space standard were carefully reviewed duringthe promulgation process, including a thorough regulatory analysis ofpaperwork burdens and other costs. We found that the burdens imposed by thestandard were justified and cost-effective.

E. Coverage of Electric Utilities in 1910.146. The proposed powergeneration standard does cover manhole entry and other similarindustry-specific tasks; until it is promulgated, electric utility employershave the option of complying with the more general 1910.146 standard, or withthe industry-specific 1910.269 proposed standard, as long as the serioushazards are addressed by compliance with the chosen standard.

With respect to electric utility work in manholes and vaults, forexample, OSHA would apply 1910.146 only in the event that procedures takenunder proposed 1910.269(e) and (t) do not adequately protect employees. Asan illustration, the Agency would apply 1910.146 to work in a manhole where awater hazard that could not be eliminated from outside the space and thatwould pose a life-threatening hazard to an entrant is present. The presenceof water alone would not be a basis for applying the PRCS standard; theremust be a quantity sufficient either to endanger the life of the entrant orto interfere with escape from the space. In such cases, the provisionsproposed in 1910.269 would not address the hazards involved.

When our meeting ended, we indicated that we would summarize our oralresponses, in writing, as a reply to your letter of February 18; youindicated that you would send an additional letter, requesting furtherclarification on specific points. In a later conversation with Ray Donnelly(General Industry Compliance Assistance), you indicated that no additionalletter would be sent at this time.

If you have questions or additional comments about any of the foregoing, wewill welcome them.

Sincerely,

H. Berrien Zettler Deputy Director Compliance Programs