Confined Space Entry Training

OSHA Confined Space Entry Training and Certification

Examples of Confined Spaces Per OSHA Definitions

by 30 Comments

Examples of confined spaces per OSHA definitions

Post #7 – In the previous post to the Confined Space Training Blog (#6), we examined the OSHA definition of a confined space, with in-depth explanations of the three criteria that make up a confined space per the definitions in the OSHA 1910 and 1926 confined space regulations. In this post, we will follow up by providing several examples of potential confined spaces you may find in the workplace; some expected, and some not.

Keep in mind that while these examples list below are but a few of the different types of confined spaces that could be present in the workplace, they may or may not be examples of permit-required confined spaces. We will discuss how to make that determination beginning in our next blog post.

Tanks, Bins, and Silos

Tanks of various types and sizes that are large enough to be bodily entered, and which are entered through a portal or other restricted opening on the bottom, side, or top, would be considered confined spaces. This includes many fuel tanks, water tanks, and even elevated water towers which are often entered vertically through a portal on top.

Silos that are large enough to be bodily entered through a man-way or hatch on the top, side, or bottom could be considered a confined space, as would be similarly constructed storage bins and hoppers.

Various types of tanks that are mounted on trailers are often considered confined spaces if they are large enough to be bodily entered and have a restricted means of entry or exit, as are many such tanks that are mounted directly onto a truck chassis. The same applies to similarly-configured tank rail cars that are pulled by locomotives and hopper cars of certain configurations. And concrete mixers would qualify as a mobile type confined space as well.

Industrial Equipment and Fixtures

Large furnaces and related equipment, which are constructed in certain configurations that make them hard to get into and out of, could also be considered confined spaces if they are large enough to be bodily entered by a worker. Some smokestacks and chimneys associated with furnaces, as well as incinerators and other burning processes, would be considered confined spaces if the worker must bodily enter them through a hatch, ladder, or other restricted means of entry.

Some pieces of fixed equipment, such as a large industrial mixing vat that can be bodily entered and has a restricted means of entry or exit, are considered confined spaces. In addition, many large boilers that are configured to be bodily entered through a restricted means of entry or exit are also considered confined spaces.

One commonly overlooked type of confined space is large air handlers, where the worker bodily enters through an access panel and climbs inside to perform work. Other examples of confined spaces include the associated ductwork if it is large enough for a worker to bodily enter through an access panel or hatch, or where the worker crawls through an open end to travel into the duct.

Conveyor tunnels that are large enough to be bodily entered and have a limited means of entry or exit would be considered a confined space, too. And don’t overlook trash or materials compactors, balers, and crushers that are configured as confined spaces.

Pits

Open-top pits that are deep enough to require the worker to enter or exit by a ladder or similar methods, or are too deep for the worker to easily step out of would be considered a confined space. And many escalator pits that are large enough for the worker to bodily enter, and that are deep enough that a worker would have difficulty getting in or out once the cover over the pit has been removed to facilitate entry, would also be considered confined spaces.

Many elevator shafts and pits are confined spaces that are deep enough or otherwise configured to require the worker to enter and exit on a ladder or via some other restricted means of entry or exit, are confined spaces.

Large dock levelers that are designed with a front cover or top that opens enough to allow a worker to crawl inside the pit beneath to perform maintenance or repairs on that equipment would be considered confined spaces.

Sewers, Vaults, and Other Underground Installations

Sanitary sewers which are large enough to be bodily entered qualify as confined spaces, as are many related facilities like sewer digesters, and some sewer lift stations.

Similarly, storm sewers that are large enough to be bodily entered and have a restricted means of entry or exit are considered confined spaces, as are many drainage culverts.

A related example of a confined space is a septic tank that is large enough for the worker to enter and has a restricted means of entry and exit. The same applies to many larger grease traps.

Most in-ground utility vaults that are entered via a hatch or manhole opening and that have not been designed for continuous occupancy are typically considered a confined space, as would be many wells.

Most pipelines, whether underground or not, are large enough to be bodily entered and have a restricted means of entry or exit, such as a portal, man-way, or an open-end small enough to require the worker to crawl or stoop to enter, qualify as a confined space. And even when a large bore pipeline has an open end and the worker can enter and exit upright, the pipeline would still be considered a confined space if the worker must travel a distance far enough to where they might not be able to get out in time should an emergency develop, thereby creating a restricted means of exit.

Tunnels and Crawl Spaces

Utility tunnels that have pipes, ducts or similar obstructions that require the entrant to crawl under or over them to exit the space could be considered a confined space, as would a long utility tunnel that requires the entrant to travel a great distance to get to the nearest means of egress.

Many crawl spaces located beneath buildings, floors, equipment, in between walls, and above some ceilings are also considered confined spaces.

Are Attics Confined Spaces?

If an attic space requires the worker to climb a ladder and squeeze through an opening to get inside it could be classified as a confined space.

Examples of Confined Spaces

These are but a few examples of confined spaces, and there are many others that were not mentioned here. If you take a few moments to think about it, you can probably come up with a list of all of the different types of confined spaces typically present at your workplace. And remember, it’s not just confined spaces that are part of the facilities, but also mobile confined spaces such as tanks transported by trucks and railcars, as well as confined spaces that are created during manufacturing or construction processes.

In our next post, we will begin exploring the criteria that determine whether or not each of these confined spaces (and others) must be categorized as a permit-required confined space, or if they are what OSHA calls a non-permit confined space.

Please add your comments to this post in the section provided. And please spread the word about our blog by sharing this post with others in your network. Thanks – Curtis

Understanding the OSHA Definition of a Confined Space

by 2 Comments

OSHA Confined Space Definition

Post #6 – Why is it paramount that you understand the OSHA confined space definition? Because OSHA regulates entry into permit-required confined spaces, and the only way to know if you have a permit-required confined space is to first understand whether or not you are even dealing with a confined space as defined by OSHA in their standards.

As you dig deeper into the OSHA confined space standards, you will come to realize that, in addition to the common question of what is the OSHA definition of a confined space, you will no doubt find yourself asking several other questions, such as:

  • What does OSHA mean by “bodily enter”?
  • Does a “limited or restricted means for entry or exit” mean there is only one way in and out of the confined space? and,
  • If there are no hazards present in the space, does that mean it does not meet the definition of a confined space?

Answers to these questions and more are forthcoming in this blog post.

OSHA’s Confined Space Definitions

The OSHA definition of a confined space appears in both the 1910.146 confined space standards for general industry (see section (b) – definitions), as well as in the 1926 Subpart AA confined space standards for construction (see 1926.1202 – definitions). These two definitions are essentially the same, so we will focus on the definition of a confined space found in the general industry rules for now.

According to the OSHA definition of a confined space found in 1910.146(b), a confined space is characterized by three distinct criteria. The standard states that a confined space is a space that:

(1) Is large enough and so configured that an employee can bodily enter and perform assigned work; and,

(2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry.); and,

(3) Is not designed for continuous employee occupancy.

Be mindful that all three of these criteria must be in place to meet the OSHA definition of a confined space.  Also, keep in mind that whether or not a hazard is present inside the space is not relevant at this point. You are only trying to determine whether or not you have a confined space at your work site.

The Meaning of “Bodily Enter”

The first criteria listed in OSHA’s definition of a confined space is that the space is large enough and so configured that an employee can bodily enter and perform assigned work. The operative term here is “bodily enter”, which, unfortunately, OSHA does not define in their standards. However, OSHA clarifies on page 4477 of the preamble to the final rule for the 1910.146 confined space standards [Federal Register / Vol. 58, No. 9 / Thursday, January 14, 1993] that the term “bodily enter” means the employee can fit entirely inside the space, and that their confined space rule was intended to cover only spaces that are large enough for the entire body of an employee to enter.

So, to reiterate, if the space is not large enough or configured to where it can be bodily entered, or in other words, if the employee cannot get their entire body inside of the space, then it does not meet the OSHA definition of a confined space. And the OSHA confined space entry standards are only intended to apply to spaces large enough and configured so that the entire body of an employee can fit inside the space.

What is meant by bodily enter in OSHA confined space standard

That being said, don’t buy into the false assumption that entry into a confined space begins only after a person gets their entire body inside of the space, because that is not the case. The OSHA definition of “entry” states that entry is considered to have occurred as soon as any part of the entrant’s body breaks the plane of an opening into the confined space. So, if your space meets the definition of a confined space that can be bodily entered (which means the employee being able to fit their entire body into the space), entry into that confined space is considered to have occurred as soon as any part of their body crosses any plane of entry into that space. Conversely, if the space cannot be bodily entered, then it is not a confined space, regardless of whether or not a worker is able to stick some part of their body into the space.

One final word of caution regarding this topic; don’t think that just because a space cannot be bodily entered and is therefore not covered by the confined space entry standards, that it is exempt from all other OSHA safety or health regulations. For example, we now know that a tank with an entry portal that is too small for a person to bodily enter is not a confined space. However, if the portal is still large enough for a person to stick their head inside, and the tank contains a deadly atmosphere, they could be seriously injured, or perhaps even die; they just wouldn’t have died inside of a confined space. In the case of this particular tank, there are other OSHA regulations pertaining to respiratory protection that would apply to protect the worker who sticks their head inside the tank; those rules just wouldn’t be part of the OSHA confined space entry standards.

OSHA Definition: “Limited or Restricted Means for Entry or Exit”

The second criteria listed in OSHA’s definition of a confined space is that the space has limited or restricted means for entry or exit. There is no definition for this term in the OSHA 1910 permit-required confined space entry standard. Therefore, many people believe the term means that there is only one way in and out of the space. But that is not correct; a confined space may have one entry point, or it may have a dozen.

The OSHA confined space advisor clarifies OSHA’s intent by explaining that a limited or restricted means for entry or exit exist where the occupant must crawl, climb, twist, be constrained in a narrow opening, follow a lengthy path, or otherwise exert unusual effort to enter or leave, or where the entrance may become sealed or secured against opening from inside. Also, the newer 1926 confined spaces in construction standard does include a definition for the term “limited or restricted means of entry or exit” in 1926.1202. That definition states it means “a condition that has a potential to impede an employee’s movement into or out of a confined space”. The definition goes on to explain that examples of a limited means of entry or exit include, but are not limited to, trip hazards, poor illumination, slippery floors, inclining surfaces, and ladders, all conditions which could make it difficult to escape the space should an emergency arise.

Based on the previous information, here is a non-exhaustive list of examples of conditions where a limited or restricted means for entry or exit could exist:

  • Portals where the entrant must squeeze through to enter or exit the space horizontally, as well as where entry is made vertically;
  • Hatches of a size or location requiring the entrant to climb or squeeze through;
  • Manholes that the entrant must pass through an opening to get into or out of the space;
  • A pipeline of a size that requires the worker to crawl to get through the pipe;
  • Spaces such as open top pits or attics where the worker must climb up or down on a ladder to enter or exit the space;
  • Spiral staircases, which can be difficult to climb or descend, which are used to access a space;
  • Steep stairways, such as ships ladders and other non-standard stairways, used to access a space;
  • Tight crawlspaces, such as beneath equipment, under floors, between walls, and above some ceilings; and;
  • An underground utility tunnel where the worker must travel a long distance to get to the nearest exit point.

Is a Door Considered a Limited Means of Entry or Exit?

The question often arises as to whether or not OSHA considers a standard size doorway to be a limited or restricted means of entry or exit. This topic is not specifically addressed in the OSHA 1910 permit required confined space entry standard.  However, In the preamble to the 1910 general industry permit-required confined space standard, OSHA states that “doorways and other portals through which a person can walk are not to be considered a limited means of entry or exit.” However, the preamble goes on to explain that a space containing such a door or portal may still be deemed a confined space if an entrant’s ability to escape from inside the space in an emergency would be hindered.

OSHA further clarifies their position about doorways in a later amendment to the 1910 standard published in the Federal Register, where they state that “even if the door or portal of a space is of sufficient size, obstructions could make entry into or exit from the space difficult. The Agency intended that spaces which otherwise meet the definition of confined spaces, and which have obstructed entry or exits even though the portal is a standard size doorway, be classified as confined spaces.” In other words, a space with a standard doorway (which is a doorway at least two feet wide and at least six and one-half feet in height, according to OSHA’s FAQs page for their confined spaces in construction standard) would be considered to have a limited means of entry or exit if, inside that space, there are pipes, duct work, equipment, or other obstructions or obstacles that would make it difficult for a worker to access the door to escape in the case of an emergency, or if the door could lock and trap the person inside the space.

One more thing to keep in mind at some manufacturing and construction environments is that a large structure being constructed may not have a limited means of entry or exit – at least not initially.

But it may become a confined space with a limited means of entry or exit at a later point during the fabrication or construction process.  For example, an employee can easily walk into and out of a large diameter, horizontally-oriented steel vessel being fabricated if one or both ends are wide open, because no restricted entry or exit exists at that particular point in time. However, once the ends of the vessel are installed and employees must enter and exit the vessel through a portal or similar small opening, a limited means of entry and exit would then exist.

Third Criteria for the OSHA Definition of a Confined Space: Not Designed for Continuous Employee Occupancy

 The third and final criteria listed in OSHA’s definition of a confined space is that the space is not designed for continuous employee occupancy. For example, most underground utility vaults are not designed and outfitted with any safeguards to control a potentially hazardous atmosphere, nor are most underground vaults outfitted with an adequate light source. So, at a minimum, workers would most likely have to utilize a portable blower, auxiliary lighting, and a portable gas detector to safely enter and work inside such vaults.

 On the other hand, there are some underground utility vaults that has been engineered and constructed with a built-in ventilation system, lighting system, and gas detection system to maintain a safe atmosphere. Because such a vault has been designed by engineers for employees to enter and work without the need to implement any safeguards during the duration of their time inside the space, this particular utility vault would not meet this third criteria of the OSHA definition of a confined space, and therefore would not be considered a confined space.

Recap of the Three Criteria of the OSHA Confined Space Definition

 So, in review, here is a recap of the three criteria listed in OSHA’s definition of a confined space:

 Number 1 – the space is large enough and so configured that an employee can bodily enter and perform assigned work (that means the worker can get their entire body inside of the space);

Number 2 – the space has limited or restricted means for entry or exit (that means it would be hard to get into or out of in case of an emergency); and,

Number 3 – the space has not been designed for continuous employee occupancy.

 As a reminder, all three of the criteria listed above must be present for the space to meet the OSHA definition of a confined space. Also, remember that all confined spaces are not necessarily permit-required confined spaces; that is to be determined later.

In our next blog post (#7), we will provide numerous examples of confined spaces, including a few that you might not have thought about. Then, beginning with post #8, we will take a very deep dive into how to determine whether or not the spaces meeting OSHA’s definition of a confined space are to be subsequently classified as permit-required confined spaces, or non-permit confined spaces.

 Final Note: Do you find our confined space entry training blog to be helpful? If so, please send a link to our blog to others in your network who could benefit from this kind of information. Thanks, Curtis

 

Learn How to Identify Confined Spaces

Online Course - How to Identify Confined Spaces for General Industry
Online Course - How to Identify Confined Spaces at Construction Sites

OSHA Requirement for a Competent Person to Identify Permit Required Confined Spaces

by Leave a Comment

Confined Space Competent Person

Post #5 – The success of an organization’s confined space entry program is ultimately predicated on having a competent person with the ability to identify and evaluate the confined spaces at their work sites to determine whether or not they meet the OSHA definition of a permit-required confined space. And that takes a person with sufficient training and experience to do the job right. But exactly whose job is it to identify and evaluate confined spaces?

Here’s what the OSHA confined space regulations say about that.

OSHA Requirements to Evaluate Confined Spaces

The first paragraphs from the general requirements sections of the OSHA confined space entry standards for general industry and construction, respectively, are listed below:

GENERAL INDUSTRY

1910.146(c)(1) – The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces.

CONSTRUCTION

1926.1203(a) – Before it begins work at a worksite, each employer must ensure that a competent person identifies all confined spaces in which one or more of the employees it directs may work, and identifies each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.

As you see, both of these performance-based confined space standards place the onus on employers, either individually or through a designated Competent Person, to evaluate their workplaces to determine if any confined spaces are present. Then, they must determine if any of those confined spaces are to be categorized as a permit required confined space, or alternatively, as a non-permit-required confined space.

Special Qualifications or Certifications Needed to  Evaluate Confined Spaces?

While OSHA requires employers to ensure the confined spaces at their worksites are identified and evaluated, their standards do NOT require the completion of any specific training class or “competent person certification” for confined spaces for the person conducting the evaluations. Instead, an OSHA compliance officer would simply speak with whomever the employer has appointed as their competent person to perform the confined space evaluations, and determine if they seem to have adequate experience, training certification, and knowledge needed to do the job competently.

Duties of the Competent Person Evaluating Confined Spaces

The competent person who is designated to evaluate the confined spaces at a worksite to determine whether or not they are permit spaces must be capable of effectively performing the following three tasks for the worksite in question:

  • Identify all confined spaces at the worksite after consideration of all facets of the OSHA definition of a confined space;
  • Determine if each confined space identified at the site will be categorized as a permit-required confined space, or as a non-permit confined space;
  • When conditions demand, re-evaluate (and possible reclassify) a non-permit confined space, should the configuration of that space change in a manner that could cause it to become a permit-required confined space (especially true during progression of the construction process when building a confined space such as a tank). Re-evaluation of a non-permit required confined space must also be performed every time there is a work process or activity taking place inside of, or near, any non-permit confined space which could potentially introduce new hazards that require the non-permit space be reclassified as a permit-required confined space.

In many cases, an employer also will have the person designated as their competent person for confined space identification to serve as the entry supervisor for their confined space entry crew. However, doing so is not a strict requirement of the confined space standards, as those two roles could be filled by different personnel.

OSHA Documentation Requirements for Confined Space Evaluations

In case you were wondering, there is no requirement in the federal OSHA confined space entry standards requiring the employer to document their confined space evaluations; however, some employers may choose to do so anyway.

Identifying Permit-Required Confined Spaces at Multi-employer Worksites

OSHA gives employers working at a multi-employer job-site such as but not limited to construction sites the option to collaborate on identifying permit spaces at a worksite, by agreeing to use one designated competent person to perform the initial surveys. Or they can choose to use their own designated competent person to perform the surveys. But either way, each employer who has an employee who will enter into a confined space is ultimately responsible for compliance with the requirements of the OSHA confined space entry standards, and must therefore utilize due diligent before deciding to count on another employer’s competent person to perform the evaluations.

Designation of a Person Competent to Identify Permit-required Confined Spaces

Obviously, the wide variety in types of confined spaces and the assortment of potential hazards inside of those spaces will vary greatly from site to site. So, a competent person with training and experience in dealing with only one specific type of confined space may be capable of evaluating the spaces in a worksite if it only contains the same types of spaces with which they are already familiar. But that same person may or may not be suitable for evaluating the confined spaces of a type they have not experienced before. Only the employer can decide, based upon his or her knowledge of, and experience with permit required confined spaces, who is adequately prepared and able to be designated as being their competent person responsible for identifying permit-required confined spaces at the workplace.

Coming up in the next blog post (#6); we will start a deep dive into understanding the OSHA definition of a confined space.

Final Note: Thanks for reading the blog. Please help spread the word about our confined space entry training blog by sending a link to the blog to others in your network who could benefit from this information. Thanks – Curtis

Understanding the Scope and Application of OSHA’s Various Permit Required Confined Space Entry Standards

by Leave a Comment

Which OSHA Confined Space Entry Standards Apply

Post #4 – As mentioned in an earlier blog post (#2), OSHA has three different sets of confined space entry standards; one applies to construction work, and another applies to general industry work. OSHA also have a standard that applies to confined space work conducted in the Maritime industry, but that standard will not be discussed in this blog post.

It is imperative that you understand which of the OSHA standards apply to your particular confined space entry operations, and conversely, which one does not, as the requirements of each standard differ. And the way to make sure you understand is to refer to the sections that list the scope and the application for each of the OSHA confined space entry permit requirements.

Scope of the OSHA Confined Space Entry Standards Applicable to General Industry

1910.146(a) lays out the scope of the OSHA permit-required confined space entry standards for general industry workplaces. It states:

“This section contains requirements for practices and procedures to protect employees in general industry from the hazards of entry into permit-required confined spaces. This section does not apply to agriculture, to construction, or to shipyard employment (parts 1928, 1926, and 1915 of this chapter, respectively).”

To reiterate information provided in post #2, general industry work typically consists of activities performed during the manufacturing of goods or products, including those at chemical plants and refining operations. General industry work also includes most general maintenance activities. Service industries such as telephone and cable companies, restaurants, coffee shops and bakeries are also covered by the OSHA 1910.146 general industry standards for confined space entry, as are warehousing and logistics operations and the healthcare industry. 1910.146 would even apply to work involving entry operations at establishments such as bowling allies and amusement parks.

Scope of the OSHA Confined Space Entry Standards Applicable to Construction

For the construction industry, 29 CFR 1926, paragraph 1201(a) explains the scope of the confined spaces in construction standards. This paragraph states the following:

“This standard sets forth requirements for practices and procedures to protect employees engaged in construction activities at a worksite with one or more confined spaces.”

According to 1910.12(b), work regulated under 1926 subpart AA construction standards applies only to confined space entry operations related to construction, alterations, and/or repairs, which include painting and decorating. This would include, but is certainly not limited to, confined space entry work involved in the construction of a brand-new structure, major renovation or repair of all or part of an existing structure, repainting portions or all of a structure, and demolition work. 

Which Confined Space Standard Takes Precedence?

Here is the tricky part; while the 1926 subpart AA confined spaces in construction standard does not apply to general industry work, that standard does apply to construction work conducted inside of a confined space that happens to be located at a general industry worksite.

Consider the following hypothetical of how entry into a tank, which as we will see in an upcoming blog post is usually considered a confined space, could feasibly be regulated by both the OSHA confined space entry standards for construction and also the confined space standards for general industry, switching back-and-forth over the course of time. Notice how the determination depends on the work activities that are taking place, and not the location.

  1. A large tank is fabricated in the shop at a manufacturing company, including having a protective lining sprayed onto the interior tank surfaces by a worker: this work is regulated under 146 General Industry requirements for confined space entry.
  2. The tank is erected at a chemical plant expansion project, where workers enter the tank to install fill lines and drain pipes: this work is regulated under 1926 Subpart AA Construction requirements for confined space entry.
  3. After the chemical plant is up and running in normal production, entry is made into the tank once a year to conduct an inspection of the protective lining on the interior surfaces of the tank to determine its general condition: this preventive maintenance work is regulated under 146 General Industry requirements for confined space entry.
  4. After an annual inspection discovers damage to the lining caused when the tank was previously struck by a forklift, a lining crew enters the tank to blast out the old lining and reapply a new tank lining: this repair work is regulated under 1926 Subpart AA Construction requirements for confined space entry.
  5. Subsequent annual entries are made to conduct inspections of the interior lining to determine its general condition: this preventive maintenance work is regulated under 146 General Industry requirements for confined space entry.
  6. After 30 years of use, the tank has been deemed obsolete, and is scheduled to be demolished. A crew enters the tank to cut loose interior braces and baffles as part of the tank demolition process; this demolition work is regulated under 1926 Subpart AA Construction requirements for confined space entry.

As the previous set of scenarios demonstrate, the over-riding factor to determine which set of OSHA confined space entry permit requirements apply to a given situation is usually the type of work (general industry or construction) being performed inside the confined space, as opposed to the location where the confined space work happens to be taking place.

Application – Workplaces Where OSHA Confined Space Standards Do Not Apply

I will wrap up this blog post by touching certain employers to whom the OSHA confined space entry permit requirements do not apply. The OSH Act of 1970, which establishes coverage of federal OSHA standards, was originally written to apply only to private sector employers in the U.S. and its territories. That means public employers like state and local government agencies (e.g.: municipalities and counties) are not regulated by the OSHA standards, including those for confined space entry operations, unless they happen to be located in one of the states or territories operating under a State Plan OSHA program, as explained in a blog post #2.

Also exempt from coverage by the OSH Act, and therefore exempt from the federal OSHA confined space entry standards, are workplaces for which other federal agencies have laws that regulate employee safety in certain operations. For example, entry into underground mines, which logically seem to be confined spaces, are actually covered by the Mine Safety and Health Administration (MSHA) regulations, and are therefore exempt from OSHA standards for confined space entry. And construction work conducted at worksites overseen by the U.S. Army Corp of Engineers must follow the EM-385-1-1 requirements for confined space entry.

Do Federal Confined Space Entry Requirements Apply to the Feds?

One last interesting factoid; the OSH Act originally did not apply to Federal agencies, meaning federal employers were not required by Congress to follow OSHA’s confined space entry standards; in fact, not even OSHA was required to follow their own confined space entry regulations! However, because of an executive order issued in 1980, federal agencies do now have limited coverage by OSHA standards, and must therefore comply with applicable OSHA confined space entry requirements (and all other applicable OSHA standards) during their entry operations.

Additional Information and Training on Confined Spaces

Hopefully this blog post helps clarify which OSHA confined space entry requirements apply to work being conducted at your site. Or, it may make you realize OSHA lacks jurisdiction over confined space entry operations at your worksite, and that you must figure out what alternate set of regulations may apply. You can learn more about this and other topics by taking one of the online confined space training courses available on our website.

In the next blog post (#5), we will address exactly who is responsible for making sure all permit-required confined spaces at the worksite are properly identified.

Final Note: Thanks for reading the blog. Please help spread the word about our confined space entry training blog by sending a link to the blog ( https://confinedspacetraining.net/confined-space-training-blog/ ) to others in your network who could benefit from this information.

Thanks, – Curtis

Key References Needed to Understand the OSHA Confined Space Entry Standards

by Leave a Comment

OSHA confined space standards preamble in federal register and letters of interpretation plus CSE FAQs

Post #3 – In the previous post to the confined space training blog, I identified various OSHA standards governing confined space entry work for construction and general industry work (as well as the maritime industry). However, many of the terms used in these confined space standards are not well defined, if defined at all, whereas other parts of these standards are vague and seem to be open to interpretation. These issues often lead to uncertainty about whether or not you are in compliance with the requirements of the OSHA confined space entry standard.

Fortunately, OSHA provides many key documents that expand on their various confined space entry requirements, offering much needed information that helps clarify their standards. (Note: from this point forward in my blog posts, I will focus primarily on the OSHA confined space entry standard for general industry and construction, and not on the OSHA maritime regulations for confined spaces). The following is a recap of some of the more helpful OSHA documents.

Appendices to the OSHA 1910 Permit-required Confined Space Entry Standards

The permit-required confined space entry standard for general industry has several appendices that provide useful information when developing or evaluating your confined space entry program. Below is a listing of those appendices:

1910.146 App A – Permit-required Confined Space Decision Flow Chart

1910.146 App B – Procedures for Atmospheric Testing

1910.146 App C – Examples of Permit-required Confined Space Programs

1910.146 App D – Confined Space Pre-Entry Check List

1910.146 App E – Sewer System Entry

1910.146 App F – Non-Mandatory Appendix F — Rescue Team or Rescue Service Evaluation Criteria

Currently, the Confined Spaces in Construction standards have no appendices. However, those provided with the general industry standard will also prove to be informative for people in the construction industry when setting up their permit-required confined space entry programs.

Federal Register Preambles to The OSHA Confined Space Entry Standard

When OSHA sets out to create a new or revised standard, they must first publish it in the form of a proposed rule in the Federal Register. This is done so interested parties can review the proposed standard and provide written or verbal feedback during a mandatory public comment period. Then, OSHA will review these comments for consideration when they formulate a final rule. When OSHA publishes the final rule, again in the Federal Register, that document includes not only the text of the new standard, but also a very valuable section of the preamble titled “Summary and Explanation of the Standard” (usually in section III). The preambles to the final confined space entry rules for construction and general industry are available for access at https://www.osha.gov/laws-regs/preambles.

The “Summary and Explanation of the Standard” section of the preambles lists the verbiage of each paragraph of the proposed rule as it was originally written, comments, if any, submitted about each proposed paragraph gathered during the public comments period for the new or revised rule, and OSHA’s responses, if any, to those comments. The preamble also includes OSHA’s final reasoning and determination regarding any revisions to the final language of each paragraph of the final rule. It is in OSHA’s responses to those public comments that you can glean very valuable information about how OSHA interprets and/or plans to enforce each paragraph of a new or revised standard.

The preamble to the OSHA 1910 general industry permit-required confined space entry standard was published in Federal Register volume 58, number 9 on January 14, 1993, beginning on page 4462. The preamble to the 1926 Subpart AA confined spaces in construction rule was published in Federal Register volume 80, No. 85 on Monday, May 4, 2015. I will point out helpful information appearing in specific portions of these documents in many future blog posts.

OSHA Compliance Directive (CPL) for 1910.146 Permit-required Confined Space Entry Standard

OSHA occasionally issues a compliance directive (CPL) or standard directive (STD) on some of their more complex standards or policies. These directives are primarily intended to be used as instruments for OSHA compliance officers and directors to refer to during inspections, helping ensure uniform understanding and enforcement of the associated standard or policy.

On May 5th, 1995, OSHA issued Instruction CPL 2.100, which is a compliance directive on the subject of the “Application of the Permit-Required Confined Spaces (PRCS) Standard, 29 CFR 1910.146”. OSHA updated that particular CPL on September 1 of 2015. There is a wealth of information in the directive that employers and other interested persons can use to better understand how OSHA interprets and enforces the 1910.146 standard. And much of that same information can also be applied to the 1926 Subpart AA construction standard.

Letters of Interpretation – OSHA Confined Space Entry Standards for General Industry and Construction

OSHA receives thousands of inquiries about their various standards every year, with several of those posing questions about the OSHA confined space entry standards for construction or for general industry. In many cases, OSHA formally responds to those inquiries via a “letter of interpretation”, often referred to as a LOI. Because these letters of interpretation are considered public records, OSHA makes them available to the general public (like you and me) for review on their website.

The OSHA letters of interpretation for the 1910.146 general industry standards for permit-required confined space entry and for the 1926 Subpart AA confined spaces in construction standard are all accessed through OSHA’s LOI search page. Be aware that OSHA letters of interpretation for their confined space standards are only intended to apply to the specific circumstances discussed in that letter, and that they should not be applied to other circumstances, no matter how similar. Also, OSHA letters of interpretation are occasionally withdrawn because OSHA changed their mind; these letters will be marked as withdrawn, but are still available for reference as archived material.

Frequently Asked Questions and Answers (FAQs) for OSHA Confined Space Entry in Construction Standards

Anticipating questions about their (then) newly-promulgated 1926 Subpart AA confined spaces in construction standard, OSHA published on their website a “Frequently Asked Questions” (FAQ) page about that standard. At the time of this post, there were more than 70 questions and associated answers available on the OSHA confined spaces in construction FAQ page. Readers can get a much better understanding of the OSHA confined space entry requirements not only for the construction industry from these FAQs, but also for many of the similar confined space requirements for general industry workplaces.

OSHA Confined Space Advisor

OSHA developed a resource titled “Confined Space Advisor” on their website. This online tool is essentially a decision flow chart that asks the user questions, and based on their answers, guides them through the various steps of identifying permit-required confined spaces, and subsequently, developing and implementing a permit-required confined space entry program.

The OSHA confined space advisor e-tool is pretty basic in its coverage, and in my opinion, does not adequately answer questions about all confined space entry standards and terms that are vague. However, it does, on occasion, clearly indicates how OSHA defines or interprets a few of them; in fact, there are a couple of instances where I incorporate information taken from the online advisor in the online confined space training courses available on our website.

State OSHA Standards and Requirements for Confined Space Entry

Last but not least; it would be remiss of me not to mention that several states and US territories have opted to form their own State Plan OSHA program, covering most private and public employers in some of these states, and just the public employers in other states. All of these State Plan OSHA programs are required to either adopt the equivalent of the Federal OSHA regulations, or develop and publish their own state regulations that meet or exceed the protections offered in the associated Federal OSHA standards.

In most cases, the Federal OSHA standards for confined space entry in construction and for general industry were adopted verbatim by the various State Plan programs (reference all State Plan program rules at https://www.osha.gov/stateplans/statestandards). However, a few of the state programs created similar standards with a few slight tweaks to reflect other state-specific standards referenced within their rules. For example, the confined space entry standards promulgated by the state of California State Plan program (often referred to as Cal-OSHA) are nearly the same as those published by Federal OSHA, although CA did utilize a different numbering system when they codified their standards. But in the definitions for a “hazardous atmosphere”, which is one of the triggers for classifying a confined space as “permit required”, the CA state rule is slightly different (see both definitions below):

DEFINITION (for both Federal and Cal-OSHA confined space entry standards) –

“Hazardous atmosphere means an atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (that is, escape unaided from a permit space), injury, or acute illness from one or more of the following causes:

FEDERAL OSHA –

(4) Atmospheric concentration of any substance for which a dose or a permissible exposure limit is published in subpart D of this part (Occupational Health and Environmental Control), or in subpart Z of this part (Toxic and Hazardous Substances), and which could result in employee exposure in excess of its dose or permissible exposure limit;

Cal-OSHA –

(4) Atmospheric concentration of any substance for which a dose or a permissible exposure limit is published in Article 4 of the Construction Safety Orders and Group 16 of the General Industry Safety Orders;”

This slight difference in language can make a huge difference in how these two varying standards are applied. For example, the permissible exposure limit (PEL) for carbon monoxide (CO) incorporated by reference in the 1910 Federal OSHA standard is 50 parts per million (PPM). However, the PEL for CO incorporated by reference in the Cal-OSHA state standard is only 25 PPM. This represents a big variance between the Federal and Cal-OSHA thresholds for when a confined space containing CO is considered to contain a hazardous atmosphere, and therefore classified as a permit-required confined space.

OSHA Confined Space Training Resources

In closing, remember that it is important to be thoroughly familiar with the language contained in the actual OSHA confined space entry standards that apply to your operations. However, there are also many other important OSHA documents available that provide a wealth of information and guidance on how these confined space standards should be interpreted, implemented, and ultimately enforced in the workplace. Links to the resources outlined above, as well as many other valuable resources for confined space entry programs, are available via the course materials tabs associated with the online confined space entry training certification courses for entry supervisors and the competent person offered on our website.

Final Note: Please help spread the word about our confined space entry training blog. Send a link to this blog post to others in your network who could benefit from this information. Thanks, Curtis