procedures necessary for safe permit-entry operations and that include
atmospheric-testing and monitoring information and results; signed
certifications and supporting documentation for entry under alternate
procedures, including documentation of the hazard determinations and
the methods used to protect employees from these hazards; written
approval from a professional engineer for use of job-made hoisting
systems when entering spaces under alternate procedures, certifications
documenting reclassification of the space; a Safety Data Sheet or
similar written information to provide to medical facilities treating
exposed employees; and training records for employees. Entry employers
must retain each canceled entry permit for at least 1 year to
facilitate the review of the permit-required confined space program and
maintain employee training records for the period of time the employee
is employed by that employer. Employers must make all information
required to be developed under the standard available for review by the
affected employees and their authorized representatives, and provide
access to documents required to be retained by the standard to OSHA for
compliance purposes. Additionally, controlling contractors have
responsibilities to obtain and disseminate information about the permit
space, host employers have a duty to disclose known information about
permit spaces, and each employer engaged in construction who has an
employee enter a PRCS must share information with the controlling
contractor and must ensure that its attendants, authorized entrants,
supervisors and rescue teams or services communicate as required by the
standard. An employer's failure to generate and disclose the
information required in this standard will affect significantly the
Agency's effort to control and reduce injuries and fatalities related
to confined spaces in construction.
    Table IV-23 below identifies and describes the collection of
information requirements contained in the final rule. As discussed in
Section II.B. of the preamble, OSHA is finalizing a Confined Spaces in
Construction standard that more closely resembles the general industry
standard than did the NPRM. OSHA's rationale for the need to collect
information is set forth in the general discussion in the Background
section of the preamble, and in the discussion of each of these
specific provisions in Section III of the preamble. As noted in the
preamble discussions of the specific sections of the standard, the new
information collection requirements not contained in the NPRM include
requirements for written PRCS programs, written approval for job-made
hoisting systems used when entering spaces under alternate procedures,
and consultation with affected employees and their authorized
representatives in the development and implementation of the PRCS
program. In addition, while the proposed rule required host employers
to communicate directly with entry employers, OSHA assigned the
controlling contractor that function in the final rule. Table IV-23
identifies the collection of information requirements contained in the
final rule as follows:

                    Table IV-23--Collection of Information Requirements of the Final Standard
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
29 CFR 1926.1203(b)(1) and (b)(2)................................  If the workplace contains a PRCS, employers
                                                                    must inform employees by posting a danger
                                                                    sign, and inform the employees' authorized
                                                                    representatives and controlling contractor
                                                                    in a manner other than posting, of the
                                                                    existence and location of, and the danger
                                                                    posed by, the PRCS.
29 CFR 1926.1203(d), 29 CFR 1926.1204, 29 CFR 1926.1211(a)(5),     If an employer decides that employees it
 and 29 CFR 1926.1212(a).                                           directs will enter a PRCS, the employer must
                                                                    have and implement a written permit-space
                                                                    program at the construction site that
                                                                    complies with Sec.   1926.1204 of this
                                                                    standard. The employer must make the written
                                                                    program available prior to, and during,
                                                                    entry operations for inspection by employees
                                                                    and their authorized representatives. Entry
                                                                    employers must document a number of
                                                                    necessary procedures, including: Safe PRCS
                                                                    entry operations; summoning rescue and
                                                                    emergency services (including the
                                                                    development of a rescue plan for employers
                                                                    who have in-house rescue teams), rescuing
                                                                    entrants from PRCSs, providing necessary
                                                                    emergency services to rescued employees, and
                                                                    preventing unauthorized personnel from
                                                                    attempting a rescue; coordinating entry
                                                                    operations; and for concluding entry.
                                                                    Employers must consult with affected
                                                                    employees and their authorized
                                                                    representatives on all aspects of the PRCS
                                                                    program.
29 CFR 1926.1203(e)(1)(v), (e)(2)(viii) and (e)(2)(ix)...........  Before entry under alternate procedures,
                                                                    employers must document the determinations
                                                                    and supporting data required by paragraphs
                                                                    Sec.   1910.1204(e)(1)(i)-(e)(1)(iii) of
                                                                    this standard. The employer must make the
                                                                    documented determinations and supporting
                                                                    data available to each employee entering the
                                                                    space or to that employee's authorized
                                                                    representative. A job-made hoisting system
                                                                    is permissible if it is approved for
                                                                    personnel hoisting by a registered
                                                                    professional engineer, in writing, prior to
                                                                    use.

29 CFR 1926.1203(g)(3)...........................................  Entry employer(s) must document and certify
                                                                    the basis for determining the elimination or
                                                                    isolation of all hazards in a PRCS when
                                                                    reclassifying the space. The certification
                                                                    must be made available to each employee
                                                                    entering the space or to that employee's
                                                                    authorized representative.
29 CFR 1926.1203(h)(1)(i)-(h)(1)(iii), (h)(2)(i), (h)(5)(iii),     The host employer and controlling contractor
 and (i).                                                           must exchange PRCS information before and
                                                                    after entry operations.
29 CFR 1926.1203(h)(2)(ii), and (i)..............................  The controlling contractor must provide PRCS
                                                                    information to non-entry employers before
                                                                    entry operations begin.
29 CFR 1926.1203(h)(2)(ii), (h)(3)(i)-(h)(3)(ii), (h)(5)(i)-       The controlling contractor and the entry
 (h)(5)(ii), and (i).                                               employer(s) must exchange PRCS information
                                                                    before and after entry operations.
29 CFR 1926.1203(h)(4)(i), (h)(4)(ii), and (i)...................  The controlling contractor and entry
                                                                    employer(s) must each coordinate entry
                                                                    operations: When more than one entity
                                                                    performs PRCS entry at the same time; or
                                                                    when performing permit-space entry while at
                                                                    the same time any activities are performed
                                                                    that could foreseeably result in a hazard in
                                                                    the PRCS.
29 CFR 1926.1204(e)(6)...........................................  Employers must provide results of any testing
                                                                    conducted under Sec.   1926.1204 to
                                                                    employees or employees' authorized
                                                                    representative.
29 CFR 1926.1204(m) and (n)......................................  Entry employers must review entry operations
                                                                    when the measures taken under the permit-
                                                                    space program may not protect employees, and
                                                                    revise the program to correct deficiencies
                                                                    found to exist before subsequent entries are
                                                                    authorized. Entry employers must review the
                                                                    permit-space program, using the canceled
                                                                    permits retained under Sec.   1926.1205(f)
                                                                    of this standard, within 1 year after each
                                                                    entry, and revise the program as necessary
                                                                    to protect employees participating in entry
                                                                    operations from permit-space hazards.
                                                                    Employers may perform a single annual review
                                                                    covering all entries performed during a 12-
                                                                    month period.
29 CFR 1926.1205(a) and (c), and 29 CFR 1926.1206................  Each entry employer must document the
                                                                    completion of measures required by Sec.
                                                                    1926.1204(c) of this standard by preparing
                                                                    an entry permit and making it available by
                                                                    posting or other equally effective means to
                                                                    authorized entrants or their authorized
                                                                    representatives before entry is authorized.
                                                                    Employers must identify on the permit
                                                                    specific information such as: The purpose of
                                                                    the entry, date and authorized duration of
                                                                    the permit, authorized entrants, means of
                                                                    detecting atmospheric hazards, attendants,
                                                                    entry supervisors, hazards of the PRCS,
                                                                    measures used to isolate the PRCS and to
                                                                    control permit-space hazards before entry,
                                                                    acceptable entry conditions, results of
                                                                    tests and monitoring performed under Sec.
                                                                    1926.1204(e) of this standard and the names
                                                                    or initials of the testers and an indication
                                                                    of when the tests were performed, rescue and
                                                                    emergency services (such as the equipment to
                                                                    use and the numbers to call) and the means
                                                                    to summon those services, communication
                                                                    procedures, equipment, any additional
                                                                    permits issued previously to authorize work
                                                                    in the permit space, and any other
                                                                    information necessary, given the
                                                                    circumstances of the particular confined
                                                                    space to ensure employee safety.
29 CFR 1926.1205(b) and 29 CFR 1926.1210(b)......................  Before entry begins, the entry supervisor
                                                                    identified on the permit must sign the entry
                                                                    permit, and verify, by checking that the
                                                                    appropriate entries have been made on the
                                                                    permit, that all tests specified by the
                                                                    permit have been conducted and that all
                                                                    procedures and equipment specified by the
                                                                    permit are in place before endorsing the
                                                                    permit and allowing entry to begin.
29 CFR 1926.1205(f)..............................................  Entry employers must retain each canceled
                                                                    entry permit for at least 1 year to
                                                                    facilitate the review of the permit-required
                                                                    confined space program required by Sec.
                                                                    1926.1204(n) of this standard. The employer
                                                                    must note on the permit any problems
                                                                    encountered during an entry operation and
                                                                    make appropriate revisions to the permit-
                                                                    space program.
29 CFR 1926.1207(d)..............................................  Employers must maintain training records
                                                                    containing each employee's name, the name of
                                                                    the trainers, and the dates of training to
                                                                    show completion of the training required by
                                                                    Sec.   1926.1207(a) through (c) of this
                                                                    standard. The documentation must be
                                                                    available for inspection by employees and
                                                                    their authorized representatives for the
                                                                    period of time the employee is employed by
                                                                    that employer.
29 CFR 1926.1208(c) and (d)......................................  Entry employers must ensure that authorized
                                                                    entrants: Communicate with the attendant as
                                                                    necessary to enable the attendant to assess
                                                                    entrant status and to enable the attendant
                                                                    to alert entrants of the need to evacuate
                                                                    the space as required by Sec.   1926.1209(f)
                                                                    of this standard, and to alert the attendant
                                                                    whenever there is any warning sign or
                                                                    symptom of exposure to a dangerous
                                                                    situation, or the entrant detects a
                                                                    prohibited condition.
29 CFR 1926.1209(e), (f), (g), and (h)(1)-(h)(3).................  Entry employers must ensure that attendants:
                                                                    Communicate with authorized entrants and
                                                                    order them to evacuate the permit space
                                                                    under specified conditions; summon PRCS
                                                                    rescue services as soon as necessary; warn
                                                                    unauthorized persons to stay away from, or
                                                                    to exit, PRCSs; and informs authorized
                                                                    entrants and entry supervisors of any
                                                                    unauthorized PRCS entry.
29 CFR 1926.1210(d) and 29 CFR 1926.1211(c)......................  Entry employers must ensure that each entry
                                                                    supervisor verifies that rescue services are
                                                                    available, the means for summoning them are
                                                                    operable, and the employer will be notified
                                                                    as soon as the services become unavailable.
                                                                    If the employer uses non-entry rescue, the
                                                                    employer must confirm, prior to entry, that
                                                                    emergency assistance will be available in
                                                                    the event that non-entry rescue fails.
29 CFR 1926.1211(a)(1) and (a)(2)................................  Employers who designate rescue and emergency
                                                                    services must evaluate a prospective
                                                                    rescuer's ability to respond to a rescue
                                                                    summons in a timely manner, considering the
                                                                    hazard(s) identified, and evaluate a
                                                                    prospective rescue service's ability to
                                                                    function proficiently with rescue-related
                                                                    tasks and equipment while rescuing entrants
                                                                    from the particular PRCS identified.
29 CFR 1926.1211(a)(4)...........................................  Employers who designate rescue and emergency
                                                                    services must inform each rescue team or
                                                                    service of the hazards they may confront
                                                                    when called on to perform rescue at the
                                                                    site.
29 CFR 1926.1211(d)..............................................  If an injured entrant is exposed to a
                                                                    substance for which the employer must keep a
                                                                    Safety Data Sheet or other similar written
                                                                    information at the worksite, the employer
                                                                    must make that SDS or written information
                                                                    available to the medical facility treating
                                                                    the exposed entrant.
29 CFR 1926.1212(b)..............................................  Employers must make available to each
                                                                    affected employee and his/her authorized
                                                                    representatives all information they must
                                                                    develop under this standard.
29 CFR 1926.1213.................................................  Employers must disclose to the Secretary of
                                                                    Labor or the Secretary's designee all
                                                                    documents this standard requires them to
                                                                    retain.
----------------------------------------------------------------------------------------------------------------

    The final rule imposes a program adjustment of 654,514 new burden
hours to 30,066 construction-employment establishments after the
effective date of the final standard.
    Title of Collection: Confined Spaces in Construction (29 CFR 1926
subpart AA).
    OMB Control Number: 1218-0258.
    Affected Public: Businesses or other for-profits.
    Total Estimated Number of Respondents: 30,066.

    Total Estimated Number of Responses: 4,093,825.
    Total Estimated Annual Time Burden: 654,514 hours.
    Total Estimated Annual Other Costs Burden: $1,017,859.

D. Federalism

    OSHA reviewed this final rule in accordance with the most recent
Executive Order (E.O.) on Federalism (E.O. 13132, 64 FR 43255 (Aug. 10,
1999)). This E.O. requires that Federal agencies, to the extent
possible, refrain from limiting State policy options, consult with
States prior to taking any actions that would restrict State policy
options, and take such actions only when clear constitutional authority
exists and the problem is national in scope. E.O. 13132 provides for
preemption of State law only with the expressed consent of Congress.
Federal agencies must limit any such preemption to the extent possible.
    Under Section 18 of the OSH Act, Congress expressly provides that
States may adopt, with Federal approval, a plan for the development and
enforcement of occupational safety and health standards; States that
obtain Federal approval for such a plan are referred to as ``State-Plan
States'' (29 U.S.C. 667). Occupational safety and health standards
developed by State-Plan States must be at least as effective in
providing safe and healthful employment and places of employment as the
Federal standards. While OSHA promulgated this final rule to protect
employees in every State, Section 18(c)(2) of the Act permits State-
Plan States and Territories to develop and enforce their own standards
for confined spaces work provided that those requirements are at least
as effective in providing safe and healthful employment and places of
employment as the requirements in this final rule.
    In summary, this final rule complies with E.O. 13132. In States
without OSHA-approved State Plans, this final rule limits State policy
options in the same manner as every standard promulgated by OSHA. In
States with OSHA-approved State Plans, this rulemaking does not
significantly limit State policy options.

E. State-Plan States

    When Federal OSHA promulgates a new standard or more stringent
amendment to an existing standard, the 27 states and U.S. Territories
with their own OSHA-approved occupational safety and health plans must
amend their standards to reflect the new standard or amendment, or show
OSHA why such action is unnecessary, for example, because an existing
state standard covering this area is ``at least as effective'' as the
new Federal standard or amendment (29 CFR 1953.5(a)). The state
standard must be at least as effective as the final Federal rule and
must be completed within 6 months of the promulgation date of the final
Federal rule. When OSHA promulgates a new standard or amendment that
does not impose additional or more stringent requirements than an
existing standard, State-Plan States do not have to amend their
standards, although the Agency may encourage them to do so.
    The 21 states and 1 U.S. Territory with OSHA-approved occupational
safety and health plans covering private employers and state and local
government employees are: Alaska, Arizona, California, Hawaii, Indiana,
Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico,
North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah,
Vermont, Virginia, Washington, and Wyoming. In addition, four states
and one U.S. Territory have OSHA-approved State Plans that apply to
state and local government employees only: Connecticut, Illinois, New
Jersey, New York, and the Virgin Islands.
    The requirements in this final rule are more stringent than all or
most State plans for the work they cover. However, as discussed
previously in this preamble, OSHA believes that State-Plan States that
have standards applicable to construction work in confined spaces that
are similar to 29 CFR 1910.146, the general industry standard for
confined spaces, will not have to make major changes to their existing
rules to ensure that these rules are at least as effective as this
final rule. OSHA believes that the record warrants these changes so as
to provide construction employees with the same level of protection
afforded to them by this final rule. Therefore, states and territories
with OSHA-approved State Plans must adopt comparable amendments to
their standards within 6 months of the promulgation date of this rule
unless they demonstrate that such amendments are not necessary because
their existing standards are at least as effective in protecting
workers as this final rule. Each State Plan State's existing
requirements will continue to be in effect until that State adopts the
required revisions.

F. Unfunded Mandates Reform Act

    OSHA reviewed this final rule according to the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.) and E.O. 13132 (64 FR
43255 (Aug. 10, 1999)). As discussed in the Final Economic and
Regulatory Flexibility Analysis for this rulemaking, OSHA estimates
that compliance with the rule will require expenditures of less than
$100 million per year by all affected employers. Therefore, this rule
is not a significant regulatory action within the meaning of Section
202 of UMRA (2 U.S.C. 1532).
    OSHA standards do not apply to state or local governments except in
states that elect voluntarily to adopt a State Plan approved by the
Agency. Consequently, this final rule does not meet the definition of a
``Federal intergovernmental mandate'' (2 U.S.C. 658(5)).
    Therefore, for the purposes of UMRA, the Agency certifies that this
final rule does not mandate that state, local, or Tribal governments
adopt new, unfunded regulatory obligations or increase expenditures by
the private sector of more than $100 million in any year.

G. Consultation and Coordination With Indian Tribal Governments

    OSHA reviewed this final rule in accordance with Executive Order
13175, (65 FR 67249 (Nov. 9, 2000)) and determined that it does not
have ``tribal implications'' as defined in that order. The final rule
does not have substantial direct effects on one or more Indian tribes,
on the relationship between the Federal government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.

H. Applicability of Existing Consensus Standards

    Section 6(b)(8) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 655(b(8)) requires OSHA to explain why the rule adopted will
better effectuate the purposes of the Act than relevant national
consensus standards. The American National Standards Institute (ANSI)
Z117.1 consensus standard (``Safety Requirements for Confined Spaces'')
contains provisions addressing safety in confined spaces. The Agency
consulted this standard in developing its proposed rule for confined
spaces in construction, as well as in developing its general industry
confined spaces standard. The Summary and Explanation section of this
rule discusses OSHA's consideration of the requirements contained in
ANSI Z-117.1 and other ANSI standards.
    The Agency did not adopt the ANSI standard as the OSHA confined
spaces in construction standard for several reasons. First, the Agency
believes that the ANSI standard concentrates on confined spaces with
oxygen-deficient

atmospheres, or with potential overexposures to air contaminants,
without adequately addressing the full range of hazards that can occur
in a confined space. In this regard, OSHA concurs with the findings it
published in the preamble to the general industry confined spaces
standard (58 FR 4464). After reviewing relevant publications by the
National Institute for Occupational Safety and Health, the ANSI Z117.1
standards (both the 1989 and the 1977 editions), and the relevant
guidelines developed by other organizations, the Agency decided to
diverge from the approach used by those standards-development
organizations because their documents do not provide sufficient
guidance for employers to distinguish among the several types of
confined space hazards they may encounter. Second, OSHA concludes that
the structure and organization of the ANSI standard is not sufficiently
user-friendly for small businesses, especially those that rarely deal
with confined spaces. Third, OSHA finds that the ANSI standard does not
adequately address construction-specific hazards, particularly where
multiple employers are working in or around permit spaces. Fourth, OSHA
notes that, in most instances, the wording of the provisions in these
ANSI standards needed revision to improve enforceability, clarity, and
ease of use. For example, much of the information in the consensus
standard is presented as suggestions or non-mandatory guidance rather
than enforceable imperative commands. Finally, most commenters
expressed a preference for a rule that was similar to the general
industry confined spaces standard. Agency incorporation of consensus
standards can often facilitate rulemaking by avoiding duplicative
Agency efforts and preventing potential confusion in the affected
industries, but the widespread use of OSHA's general industry confined
spaces standard suggests that, in this area, the Agency will be better
able to facilitate worker safety and health by basing the new
construction standard on the general industry standard rather than
incorporating the ANSI standard.

List of Subjects in 29 CFR Part 1926

    Confined space, Construction industry, Occupational safety and
health, Permit space, Safety.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC 20210, authorized the preparation
of this document. OSHA is issuing this final rule under the following
authorities: 29 U.S.C. 653, 655, 657; 40 U.S.C. 3701 et seq.; 5 U.S.C.
553; Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012);
and 29 CFR part 1911.

    Signed at Washington, DC, on April 8, 2015.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated in the preamble of this rule, the Agency is
amending 29 CFR part 1926 as follows:

PART 1926--[AMENDED]

Subpart C--General Safety and Health Provisions

0
1. The authority citation for subpart C of 29 CFR part 1926 is revised
to read as follows:

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 6-96 (62 FR 111), 5-2007 (72 FR 31160),
or 1-2012 (77 FR 3912) as applicable; and 29 CFR part 1911.

Sec.  1926.21  [Amended]

0
2. In Sec.  1926.21, paragraph (b)(6) is removed.

Subpart V--Electric Power Transmission and Distribution

0
3. The authority citation for subpart V of part 1926 continues to read
as follows:

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 1-2012 (77 FR 3912); and 29 CFR part
1911.

0
4. Amend Sec.  1926.953 by revising paragraphs (a) and (g) and the note
at the end of the section to read as follows:

Sec.  1926.953  Enclosed spaces.

    (a) General. This section covers enclosed spaces that may be
entered by employees. It does not apply to vented vaults if the
employer makes a determination that the ventilation system is operating
to protect employees before they enter the space. This section applies
to routine entry into enclosed spaces. If, after the employer takes the
precautions given in this section and in Sec.  1926.965, the hazards
remaining in the enclosed space endanger the life of an entrant or
could interfere with an entrant's escape from the space, then entry
into the enclosed space must meet the permit space entry requirements
of subpart AA of this part. For routine entries where the hazards
remaining in the enclosed space do not endanger the life of an entrant
or interfere with an entrant's escape from the space, this section
applies in lieu of the permit-space entry requirements contained in
Sec. Sec.  1926.1204 through 926.1211.
* * * * *
    (g) Hazardous atmosphere. Employees may not enter any enclosed
space while it contains a hazardous atmosphere, unless the entry
conforms to the confined spaces in construction standard in subpart AA
of this part.
* * * * *

    Note to Sec.  1926.953.: Entries into enclosed spaces conducted
in accordance with the permit space entry requirements of subpart AA
of this part are considered as complying with this section.

0
5. Amend Sec.  1926.968 by adding a note to the definition for
``Enclosed spaces'' to read as follows:

Sec.  1926.968  Definitions.

* * * * *
    Enclosed space. * * *

    Note to the definition of ``Enclosed space''. The Occupational
Safety and Health Administration does not consider spaces that are
enclosed but not designed for employee entry under normal operating
conditions to be enclosed spaces for the purposes of this subpart.
Similarly, the Occupational Safety and Health Administration does
not consider spaces that are enclosed and that are expected to
contain a hazardous atmosphere to be enclosed spaces for the
purposes of this subpart. Such spaces meet the definition of permit
spaces in subpart AA of this part, and entry into them must conform
to that standard.

* * * * *

0
6. Subpart AA is added to read as follows:

Subpart AA--Confined Spaces in Construction

Sec.
1926.1200 [Reserved]
1926.1201 Scope.
1926.1202 Definitions.
1926.1203 General requirements.
1926.1204 Permit-required confined space program.
1926.1205 Permitting process.
1926.1206 Entry permit.
1926.1207 Training.
1926.1208 Duties of authorized entrants.
1926.1209 Duties of attendants.
1926.1210 Duties of entry supervisors.
1926.1211 Rescue and emergency services.
1926.1212 Employee participation.
1926.1213 Provision of documents to Secretary.

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 1-2012 (77 FR 3912); and 29 CFR part
1911.

Sec.  1926.1200  [Reserved]

Sec.  1926.1201  Scope.

    (a) 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, subject to the exceptions in
paragraph (b) of this section.

    Note to paragraph (a). Examples of locations where confined
spaces may occur include, but are not limited to, the following:
Bins; boilers; pits (such as elevator, escalator, pump, valve or
other equipment); manholes (such as sewer, storm drain, electrical,
communication, or other utility); tanks (such as fuel, chemical,
water, or other liquid, solid or gas); incinerators; scrubbers;
concrete pier columns; sewers; transformer vaults; heating,
ventilation, and air-conditioning (HVAC) ducts; storm drains; water
mains; precast concrete and other pre-formed manhole units; drilled
shafts; enclosed beams; vessels; digesters; lift stations;
cesspools; silos; air receivers; sludge gates; air preheaters; step
up transformers; turbines; chillers; bag houses; and/or mixers/
reactors.

    (b) Exceptions. This standard does not apply to:
    (1) Construction work regulated by subpart P of this part
(Excavations).
    (2) Construction work regulated by subpart S of this part
(Underground Construction, Caissons, Cofferdams and Compressed Air).
    (3) Construction work regulated by subpart Y of this part (Diving).
    (c) Where this standard applies and there is a provision that
addresses a confined space hazard in another applicable OSHA standard,
the employer must comply with both that requirement and the applicable
provisions of this standard.

Sec.  1926.1202  Definitions.

    The following terms are defined for the purposes of this subpart
only:
    Acceptable entry conditions means the conditions that must exist in
a permit space, before an employee may enter that space, to ensure that
employees can safely enter into, and safely work within, the space.
    Attendant means an individual stationed outside one or more permit
spaces who assesses the status of authorized entrants and who must
perform the duties specified in Sec.  1926.1209.
    Authorized entrant means an employee who is authorized by the entry
supervisor to enter a permit space.
    Barrier means a physical obstruction that blocks or limits access.
    Blanking or blinding means the absolute closure of a pipe, line, or
duct by the fastening of a solid plate (such as a spectacle blind or a
skillet blind) that completely covers the bore and that is capable of
withstanding the maximum pressure of the pipe, line, or duct with no
leakage beyond the plate.
    Competent person means one who is capable of identifying existing
and predictable hazards in the surroundings or working conditions which
are unsanitary, hazardous, or dangerous to employees, and who has the
authorization to take prompt corrective measures to eliminate them.
    Confined space means a space that:
    (1) Is large enough and so configured that an employee can bodily
enter it;
    (2) Has limited or restricted means for entry and exit; and
    (3) Is not designed for continuous employee occupancy.
    Control means the action taken to reduce the level of any hazard
inside a confined space using engineering methods (for example, by
ventilation), and then using these methods to maintain the reduced
hazard level. Control also refers to the engineering methods used for
this purpose. Personal protective equipment is not a control.
    Controlling Contractor is the employer that has overall
responsibility for construction at the worksite.

    Note to the definition of ``Controlling Contractor''. If the
controlling contractor owns or manages the property, then it is both
a controlling employer and a host employer.

    Double block and bleed means the closure of a line, duct, or pipe
by closing and locking or tagging two in-line valves and by opening and
locking or tagging a drain or vent valve in the line between the two
closed valves.
    Early-warning system means the method used to alert authorized
entrants and attendants that an engulfment hazard may be developing.
Examples of early-warning systems include, but are not limited to:
Alarms activated by remote sensors; and lookouts with equipment for
immediately communicating with the authorized entrants and attendants.
    Emergency means any occurrence (including any failure of power,
hazard control or monitoring equipment) or event, internal or external,
to the permit space that could endanger entrants.
    Engulfment means the surrounding and effective capture of a person
by a liquid or finely divided (flowable) solid substance that can be
aspirated to cause death by filling or plugging the respiratory system
or that can exert enough force on the body to cause death by
strangulation, constriction, crushing, or suffocation.
    Entry means the action by which any part of a person passes through
an opening into a permit-required confined space. Entry includes
ensuing work activities in that space and is considered to have
occurred as soon as any part of the entrant's body breaks the plane of
an opening into the space, whether or not such action is intentional or
any work activities are actually performed in the space.
    Entry Employer means any employer who decides that an employee it
directs will enter a permit space.

    Note to the definition of ``Entry Employer''. An employer cannot
avoid the duties of the standard merely by refusing to decide
whether its employees will enter a permit space, and OSHA will
consider the failure to so decide to be an implicit decision to
allow employees to enter those spaces if they are working in the
proximity of the space.

    Entry permit (permit) means the written or printed document that is
provided by the employer who designated the space a permit space to
allow and control entry into a permit space and that contains the
information specified in Sec.  1926.1206.
    Entry rescue occurs when a rescue service enters a permit space to
rescue one or more employees.
    Entry supervisor means the qualified person (such as the employer,
foreman, or crew chief) responsible for determining if acceptable entry
conditions are present at a permit space where entry is planned, for
authorizing entry and overseeing entry operations, and for terminating
entry as required by this standard.

    Note to the definition of ``Entry supervisor''. An entry
supervisor also may serve as an attendant or as an authorized
entrant, as long as that person is trained and equipped as required
by this standard for each role he or she fills. Also, the duties of
entry supervisor may be passed from one individual to another during
the course of an entry operation.

    Hazard means a physical hazard or hazardous atmosphere. See
definitions below.
    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:
    (1) Flammable gas, vapor, or mist in excess of 10 percent of its
lower flammable limit (LFL);
    (2) Airborne combustible dust at a concentration that meets or
exceeds its LFL;

    Note to paragraph (2) of the definition of ``Hazardous
atmosphere''. This concentration may be approximated as a condition
in which the combustible dust obscures vision at a distance of 5
feet (1.52 meters) or less.

    (3) Atmospheric oxygen concentration below 19.5 percent or above
23.5 percent;
    (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;

    Note to paragraph (4) of the definition of ``Hazardous
atmosphere''. An atmospheric concentration of any substance that is
not capable of causing death, incapacitation, impairment of ability
to self-rescue, injury, or acute illness due to its health effects
is not covered by this definition.

    (5) Any other atmospheric condition that is immediately dangerous
to life or health.

    Note to paragraph (5) of the definition of ``Hazardous
atmosphere''. For air contaminants for which OSHA has not determined
a dose or permissible exposure limit, other sources of information,
such as Safety Data Sheets that comply with the Hazard Communication
Standard, Sec.  1926.59, published information, and internal
documents can provide guidance in establishing acceptable
atmospheric conditions.

    Host employer means the employer that owns or manages the property
where the construction work is taking place.

    Note to the definition of ``Host employer''.  If the owner of
the property on which the construction activity occurs has
contracted with an entity for the general management of that
property, and has transferred to that entity the information
specified in Sec.  1926.1203(h)(1), OSHA will treat the contracted
management entity as the host employer for as long as that entity
manages the property. Otherwise, OSHA will treat the owner of the
property as the host employer. In no case will there be more than
one host employer.

    Hot work means operations capable of providing a source of ignition
(for example, riveting, welding, cutting, burning, and heating).
    Immediately dangerous to life or health (IDLH) means any condition
that would interfere with an individual's ability to escape unaided
from a permit space and that poses a threat to life or that would cause
irreversible adverse health effects.

    Note to the definition of ``Immediately dangerous to life or
health''. Some materials--hydrogen fluoride gas and cadmium vapor,
for example--may produce immediate transient effects that, even if
severe, may pass without medical attention, but are followed by
sudden, possibly fatal collapse 12-72 hours after exposure. The
victim ``feels normal'' after recovery from transient effects until
collapse. Such materials in hazardous quantities are considered to
be ``immediately'' dangerous to life or health.

    Inerting means displacing the atmosphere in a permit space by a
noncombustible gas (such as nitrogen) to such an extent that the
resulting atmosphere is noncombustible.

    Note to the definition of ``Intering''. This procedure produces
an IDLH oxygen-deficient atmosphere.

    Isolate or isolation means the process by which employees in a
confined space are completely protected against the release of energy
and material into the space, and contact with a physical hazard, by
such means as: Blanking or blinding; misaligning or removing sections
of lines, pipes, or ducts; a double block and bleed system; lockout or
tagout of all sources of energy; blocking or disconnecting all
mechanical linkages; or placement of barriers to eliminate the
potential for employee contact with a physical hazard.
    Limited or restricted means for entry or exit means a condition
that has a potential to impede an employee's movement into or out of a
confined space. Such conditions include, but are not limited to, trip
hazards, poor illumination, slippery floors, inclining surfaces and
ladders.
    Line breaking means the intentional opening of a pipe, line, or
duct that is or has been carrying flammable, corrosive, or toxic
material, an inert gas, or any fluid at a volume, pressure, or
temperature capable of causing injury.
    Lockout means the placement of a lockout device on an energy
isolating device, in accordance with an established procedure, ensuring
that the energy isolating device and the equipment being controlled
cannot be operated until the lockout device is removed.
    Lower flammable limit or lower explosive limit means the minimum
concentration of a substance in air needed for an ignition source to
cause a flame or explosion.
    Monitor or monitoring means the process used to identify and
evaluate the hazards after an authorized entrant enters the space. This
is a process of checking for changes that is performed in a periodic or
continuous manner after the completion of the initial testing or
evaluation of that space.
    Non-entry rescue occurs when a rescue service, usually the
attendant, retrieves employees in a permit space without entering the
permit space.
    Non-permit confined space means a confined space that meets the
definition of a confined space but does not meet the requirements for a
permit-required confined space, as defined in this subpart.
    Oxygen deficient atmosphere means an atmosphere containing less
than 19.5 percent oxygen by volume.
    Oxygen enriched atmosphere means an atmosphere containing more than
23.5 percent oxygen by volume.
    Permit-required confined space (permit space) means a confined
space that has one or more of the following characteristics:
    (1) Contains or has a potential to contain a hazardous atmosphere;
    (2) Contains a material that has the potential for engulfing an
entrant;
    (3) Has an internal configuration such that an entrant could be
trapped or asphyxiated by inwardly converging walls or by a floor which
slopes downward and tapers to a smaller cross-section; or
    (4) Contains any other recognized serious safety or health hazard.
    Permit-required confined space program (permit space program) means
the employer's overall program for controlling, and, where appropriate,
for protecting employees from, permit space hazards and for regulating
employee entry into permit spaces.
    Physical hazard means an existing or potential hazard that can
cause death or serious physical damage. Examples include, but are not
limited to: Explosives (as defined by paragraph (n) of Sec.  1926.914,
definition of ``explosive''); mechanical, electrical, hydraulic and
pneumatic energy; radiation; temperature extremes; engulfment; noise;
and inwardly converging surfaces. Physical hazard also includes
chemicals that can cause death or serious physical damage through skin
or eye contact (rather than through inhalation).
    Prohibited condition means any condition in a permit space that is
not allowed by the permit during the period when entry is authorized. A
hazardous atmosphere is a prohibited condition unless the employer can
demonstrate that personal protective equipment (PPE) will provide
effective protection for each employee in the permit space and provides
the appropriate PPE to each employee.
    Qualified person means one who, by possession of a recognized
degree, certificate, or professional standing, or who by extensive
knowledge, training, and experience, has successfully demonstrated his
ability to solve or resolve problems relating to the subject matter,
the work, or the project.
    Representative permit space means a mock-up of a confined space
that has

entrance openings that are similar to, and is of similar size,
configuration, and accessibility to, the permit space that authorized
entrants enter.
    Rescue means retrieving, and providing medical assistance to, one
or more employees who are in a permit space.
    Rescue service means the personnel designated to rescue employees
from permit spaces.
    Retrieval system means the equipment (including a retrieval line,
chest or full body harness, wristlets or anklets, if appropriate, and a
lifting device or anchor) used for non-entry rescue of persons from
permit spaces.
    Serious physical damage means an impairment or illness in which a
body part is made functionally useless or is substantially reduced in
efficiency. Such impairment or illness may be permanent or temporary
and includes, but is not limited to, loss of consciousness,
disorientation, or other immediate and substantial reduction in mental
efficiency. Injuries involving such impairment would usually require
treatment by a physician or other licensed health-care professional.
    Tagout means:
    (1) Placement of a tagout device on a circuit or equipment that has
been deenergized, in accordance with an established procedure, to
indicate that the circuit or equipment being controlled may not be
operated until the tagout device is removed; and
    (2) The employer ensures that:
    (i) Tagout provides equivalent protection to lockout; or
    (ii) That lockout is infeasible and the employer has relieved,
disconnected, restrained and otherwise rendered safe stored (residual)
energy.
    Test or testing means the process by which the hazards that may
confront entrants of a permit space are identified and evaluated.
Testing includes specifying the tests that are to be performed in the
permit space.

    Note to the definition of ``Test or testing''. Testing enables
employers both to devise and implement adequate control measures for
the protection of authorized entrants and to determine if acceptable
entry conditions are present immediately prior to, and during,
entry.

    Ventilate or ventilation means controlling a hazardous atmosphere
using continuous forced-air mechanical systems that meet the
requirements of Sec.  1926.57 (Ventilation).

Sec.  1926.1203  General requirements.

    (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.
    (b) If the workplace contains one or more permit spaces, the
employer who identifies, or who receives notice of, a permit space
must:
    (1) Inform exposed employees by posting danger signs or by any
other equally effective means, of the existence and location of, and
the danger posed by, each permit space; and

    Note to paragraph (b)(1). A sign reading ``DANGER--PERMIT-
REQUIRED CONFINED SPACE, DO NOT ENTER'' or using other similar
language would satisfy the requirement for a sign.

    (2) Inform, in a timely manner and in a manner other than posting,
its employees' authorized representatives and the controlling
contractor of the existence and location of, and the danger posed by,
each permit space.
    (c) Each employer who identifies, or receives notice of, a permit
space and has not authorized employees it directs to work in that space
must take effective measures to prevent those employees from entering
that permit space, in addition to complying with all other applicable
requirements of this standard.
    (d) If any employer decides that employees it directs will enter a
permit space, that employer must have a written permit space program
that complies with Sec.  1926.1204 implemented at the construction
site. The written program must be made available prior to and during
entry operations for inspection by employees and their authorized
representatives.
    (e) An employer may use the alternate procedures specified in
paragraph (e)(2) of this section for entering a permit space only under
the conditions set forth in paragraph (e)(1) of this section.
    (1) An employer whose employees enter a permit space need not
comply with Sec. Sec.  1926.1204 through 1206 and Sec. Sec.  1926.1208
through 1211, provided that all of the following conditions are met:
    (i) The employer can demonstrate that all physical hazards in the
space are eliminated or isolated through engineering controls so that
the only hazard posed by the permit space is an actual or potential
hazardous atmosphere;
    (ii) The employer can demonstrate that continuous forced air
ventilation alone is sufficient to maintain that permit space safe for
entry, and that, in the event the ventilation system stops working,
entrants can exit the space safely;
    (iii) The employer develops monitoring and inspection data that
supports the demonstrations required by paragraphs (e)(1)(i) and (ii)
of this section;
    (iv) If an initial entry of the permit space is necessary to obtain
the data required by paragraph (e)(1)(iii) of this section, the entry
is performed in compliance with Sec. Sec.  1926.1204 through 1926.1211;
    (v) The determinations and supporting data required by paragraphs
(e)(1)(i), (ii), and (iii) of this section are documented by the
employer and are made available to each employee who enters the permit
space under the terms of paragraph (e) of this section or to that
employee's authorized representative; and
    (vi) Entry into the permit space under the terms of paragraph
(e)(1) of this section is performed in accordance with the requirements
of paragraph (e)(2) of this section.

    Note to paragraph (e)(1). See paragraph (g) of this section for
reclassification of a permit space after all hazards within the
space have been eliminated.

    (2) The following requirements apply to entry into permit spaces
that meet the conditions set forth in paragraph (e)(1) of this section:
    (i) Any conditions making it unsafe to remove an entrance cover
must be eliminated before the cover is removed.
    (ii) When entrance covers are removed, the opening must be
immediately guarded by a railing, temporary cover, or other temporary
barrier that will prevent an accidental fall through the opening and
that will protect each employee working in the space from foreign
objects entering the space.
    (iii) Before an employee enters the space, the internal atmosphere
must be tested, with a calibrated direct-reading instrument, for oxygen
content, for flammable gases and vapors, and for potential toxic air
contaminants, in that order. Any employee who enters the space, or that
employee's authorized representative, must be provided an opportunity
to observe the pre-entry testing required by this paragraph.
    (iv) No hazardous atmosphere is permitted within the space whenever
any employee is inside the space.
    (v) Continuous forced air ventilation must be used, as follows:
    (A) An employee must not enter the space until the forced air
ventilation has eliminated any hazardous atmosphere;
    (B) The forced air ventilation must be so directed as to ventilate
the immediate areas where an employee is or will be present within the
space and must

continue until all employees have left the space;
    (C) The air supply for the forced air ventilation must be from a
clean source and must not increase the hazards in the space.
    (vi) The atmosphere within the space must be continuously monitored
unless the entry employer can demonstrate that equipment for continuous
monitoring is not commercially available or periodic monitoring is
sufficient. If continuous monitoring is used, the employer must ensure
that the monitoring equipment has an alarm that will notify all
entrants if a specified atmospheric threshold is achieved, or that an
employee will check the monitor with sufficient frequency to ensure
that entrants have adequate time to escape. If continuous monitoring is
not used, periodic monitoring is required. All monitoring must ensure
that the continuous forced air ventilation is preventing the
accumulation of a hazardous atmosphere. Any employee who enters the
space, or that employee's authorized representative, must be provided
with an opportunity to observe the testing required by this paragraph
(e)(2)(vi).
    (vii) If a hazard is detected during entry:
    (A) Each employee must leave the space immediately;
    (B) The space must be evaluated to determine how the hazard
developed; and
    (C) The employer must implement measures to protect employees from
the hazard before any subsequent entry takes place.
    (viii) The employer must ensure a safe method of entering and
exiting the space. If a hoisting system is used, it must be designed
and manufactured for personnel hoisting; however, a job-made hoisting
system is permissible if it is approved for personnel hoisting by a
registered professional engineer, in writing, prior to use.
    (ix) The employer must verify that the space is safe for entry and
that the pre-entry measures required by paragraph (e)(2) of this
section have been taken, through a written certification that contains
the date, the location of the space, and the signature of the person
providing the certification. The certification must be made before
entry and must be made available to each employee entering the space or
to that employee's authorized representative.
    (f) When there are changes in the use or configuration of a non-
permit confined space that might increase the hazards to entrants, or
some indication that the initial evaluation of the space may not have
been adequate, each entry employer must have a competent person
reevaluate that space and, if necessary, reclassify it as a permit-
required confined space.
    (g) A space classified by an employer as a permit-required confined
space may only be reclassified as a non-permit confined space when a
competent person determines that all of the applicable requirements in
paragraphs (g)(1) through (4) of this section have been met:
    (1) If the permit space poses no actual or potential atmospheric
hazards and if all hazards within the space are eliminated or isolated
without entry into the space (unless the employer can demonstrate that
doing so without entry is infeasible), the permit space may be
reclassified as a non-permit confined space for as long as the non-
atmospheric hazards remain eliminated or isolated;
    (2) The entry employer must eliminate or isolate the hazards
without entering the space, unless it can demonstrate that this is
infeasible. If it is necessary to enter the permit space to eliminate
or isolate hazards, such entry must be performed under Sec. Sec.
1926.1204 through 1926.1211. If testing and inspection during that
entry demonstrate that the hazards within the permit space have been
eliminated or isolated, the permit space may be reclassified as a non-
permit confined space for as long as the hazards remain eliminated or
isolated;

    Note to paragraph (g)(2). Control of atmospheric hazards through
forced air ventilation does not constitute elimination or isolation
of the hazards. Paragraph (e) of this section covers permit space
entry where the employer can demonstrate that forced air ventilation
alone will control all hazards in the space.

    (3) The entry employer must document the basis for determining that
all hazards in a permit space have been eliminated or isolated, through
a certification that contains the date, the location of the space, and
the signature of the person making the determination. The certification
must be made available to each employee entering the space or to that
employee's authorized representative; and
    (4) If hazards arise within a permit space that has been
reclassified as a non-permit space under paragraph (g) of this section,
each employee in the space must exit the space. The entry employer must
then reevaluate the space and reclassify it as a permit space as
appropriate in accordance with all other applicable provisions of this
standard.
    (h) Permit space entry communication and coordination. (1) Before
entry operations begin, the host employer must provide the following
information, if it has it, to the controlling contractor:
    (i) The location of each known permit space;
    (ii) The hazards or potential hazards in each space or the reason
it is a permit space; and
    (iii) Any precautions that the host employer or any previous
controlling contractor or entry employer implemented for the protection
of employees in the permit space.
    (2) Before entry operations begin, the controlling contractor must:
    (i) Obtain the host employer's information about the permit space
hazards and previous entry operations; and
    (ii) Provide the following information to each entity entering a
permit space and any other entity at the worksite whose activities
could foreseeably result in a hazard in the permit space:
    (A) The information received from the host employer;
    (B) Any additional information the controlling contractor has about
the subjects listed in paragraph (h)(1) of this section; and
    (C) The precautions that the host employer, controlling contractor,
or other entry employers implemented for the protection of employees in
the permit spaces.
    (3) Before entry operations begin, each entry employer must:
    (i) Obtain all of the controlling contractor's information
regarding permit space hazards and entry operations; and
    (ii) Inform the controlling contractor of the permit space program
that the entry employer will follow, including any hazards likely to be
confronted or created in each permit space.
    (4) The controlling contractor and entry employer(s) must
coordinate entry operations when:
    (i) More than one entity performs permit space entry at the same
time; or
    (ii) Permit space entry is performed at the same time that any
activities that could foreseeably result in a hazard in the permit
space are performed.
    (5) After entry operations:
    (i) The controlling contractor must debrief each entity that
entered a permit space regarding the permit space program followed and
any hazards confronted or created in the permit space(s) during entry
operations;
    (ii) The entry employer must inform the controlling contractor in a
timely manner of the permit space program followed and of any hazards
confronted or created in the permit space(s) during entry operations;
and
    (iii) The controlling contractor must apprise the host employer of
the information exchanged with the entry entities pursuant to this
subparagraph.

    Note to paragraph (h). Unless a host employer or controlling
contractor has or will have employees in a confined space, it is not
required to enter any confined space to collect the information
specified in this paragraph (h).

    (i) If there is no controlling contractor present at the worksite,
the requirements for, and role of, controlling contactors in this
section must be fulfilled by the host employer or other employer who
arranges to have employees of another employer perform work that
involves permit space entry.

Sec.  1926.1204  Permit-required confined space program.

    Each entry employer must:
    (a) Implement the measures necessary to prevent unauthorized entry;
    (b) Identify and evaluate the hazards of permit spaces before
employees enter them;
    (c) Develop and implement the means, procedures, and practices
necessary for safe permit space entry operations, including, but not
limited to, the following:
    (1) Specifying acceptable entry conditions;
    (2) Providing each authorized entrant or that employee's authorized
representative with the opportunity to observe any monitoring or
testing of permit spaces;
    (3) Isolating the permit space and physical hazard(s) within the
space;
    (4) Purging, inerting, flushing, or ventilating the permit space as
necessary to eliminate or control atmospheric hazards;

    Note to paragraph (c)(4). When an employer is unable to reduce
the atmosphere below 10 percent LFL, the employer may only enter if
the employer inerts the space so as to render the entire atmosphere
in the space non-combustible, and the employees use PPE to address
any other atmospheric hazards (such as oxygen deficiency), and the
employer eliminates or isolates all physical hazards in the space.

    (5) Determining that, in the event the ventilation system stops
working, the monitoring procedures will detect an increase in
atmospheric hazard levels in sufficient time for the entrants to safely
exit the permit space;
    (6) Providing pedestrian, vehicle, or other barriers as necessary
to protect entrants from external hazards;
    (7) Verifying that conditions in the permit space are acceptable
for entry throughout the duration of an authorized entry, and ensuring
that employees are not allowed to enter into, or remain in, a permit
space with a hazardous atmosphere unless the employer can demonstrate
that personal protective equipment (PPE) will provide effective
protection for each employee in the permit space and provides the
appropriate PPE to each employee; and
    (8) Eliminating any conditions (for example, high pressure) that
could make it unsafe to remove an entrance cover.
    (d) Provide the following equipment (specified in paragraphs (d)(1)
through (9) of this section) at no cost to each employee, maintain that
equipment properly, and ensure that each employee uses that equipment
properly:
    (1) Testing and monitoring equipment needed to comply with
paragraph (e) of this section;
    (2) Ventilating equipment needed to obtain acceptable entry
conditions;
    (3) Communications equipment necessary for compliance with
Sec. Sec.  1926.1208(c) and 1926.1209(e), including any necessary
electronic communication equipment for attendants assessing entrants'
status in multiple spaces;
    (4) Personal protective equipment insofar as feasible engineering
and work-practice controls do not adequately protect employees;

    Note to paragraph (d)(4). The requirements of subpart E of this
part and other PPE requirements continue to apply to the use of PPE
in a permit space. For example, if employees use respirators, then
the respirator requirements in Sec.  1926.103 (Respiratory
protection) must be met.

    (5) Lighting equipment that meets the minimum illumination
requirements in Sec.  1926.56, that is approved for the ignitable or
combustible properties of the specific gas, vapor, dust, or fiber that
will be present, and that is sufficient to enable employees to see well
enough to work safely and to exit the space quickly in an emergency;
    (6) Barriers and shields as required by paragraph (c)(4) of this
section;
    (7) Equipment, such as ladders, needed for safe ingress and egress
by authorized entrants;
    (8) Rescue and emergency equipment needed to comply with paragraph
(i) of this section, except to the extent that the equipment is
provided by rescue services; and
    (9) Any other equipment necessary for safe entry into, safe exit
from, and rescue from, permit spaces.
    (e) Evaluate permit space conditions in accordance with the
following paragraphs (e)(1) through (6) of this section when entry
operations are conducted:
    (1) Test conditions in the permit space to determine if acceptable
entry conditions exist before changes to the space's natural
ventilation are made, and before entry is authorized to begin, except
that, if an employer demonstrates that isolation of the space is
infeasible because the space is large or is part of a continuous system
(such as a sewer), the employer must:
    (i) Perform pre-entry testing to the extent feasible before entry
is authorized; and,
    (ii) If entry is authorized, continuously monitor entry conditions
in the areas where authorized entrants are working, except that
employers may use periodic monitoring in accordance with paragraph
(e)(2) of this section for monitoring an atmospheric hazard if they can
demonstrate that equipment for continuously monitoring that hazard is
not commercially available;
    (iii) Provide an early-warning system that continuously monitors
for non-isolated engulfment hazards. The system must alert authorized
entrants and attendants in sufficient time for the authorized entrants
to safely exit the space.
    (2) Continuously monitor atmospheric hazards unless the employer
can demonstrate that the equipment for continuously monitoring a hazard
is not commercially available or that periodic monitoring is of
sufficient frequency to ensure that the atmospheric hazard is being
controlled at safe levels. If continuous monitoring is not used,
periodic monitoring is required with sufficient frequency to ensure
that acceptable entry conditions are being maintained during the course
of entry operations;
    (3) When testing for atmospheric hazards, test first for oxygen,
then for combustible gases and vapors, and then for toxic gases and
vapors;
    (4) Provide each authorized entrant or that employee's authorized
representative an opportunity to observe the pre-entry and any
subsequent testing or monitoring of permit spaces;
    (5) Reevaluate the permit space in the presence of any authorized
entrant or that employee's authorized representative who requests that
the employer conduct such reevaluation because there is some indication
that the evaluation of that space may not have been adequate; and
    (6) Immediately provide each authorized entrant or that employee's
authorized representative with the results of any testing conducted in
accordance with this section.
    (f) Provide at least one attendant outside the permit space into
which entry is authorized for the duration of entry operations:
    (1) Attendants may be assigned to more than one permit space
provided the duties described in Sec.  1926.1209 can be effectively
performed for each permit space.

    (2) Attendants may be stationed at any location outside the permit
space as long as the duties described in Sec.  1926.1209 can be
effectively performed for each permit space to which the attendant is
assigned.
    (g) If multiple spaces are to be assigned to a single attendant,
include in the permit program the means and procedures to enable the
attendant to respond to an emergency affecting one or more of those
permit spaces without distraction from the attendant's responsibilities
under Sec.  1926.1209;
    (h) Designate each person who is to have an active role (as, for
example, authorized entrants, attendants, entry supervisors, or persons
who test or monitor the atmosphere in a permit space) in entry
operations, identify the duties of each such employee, and provide each
such employee with the training required by Sec.  1926.1207;
    (i) Develop and implement procedures for summoning rescue and
emergency services (including procedures for summoning emergency
assistance in the event of a failed non-entry rescue), for rescuing
entrants from permit spaces, for providing necessary emergency services
to rescued employees, and for preventing unauthorized personnel from
attempting a rescue;
    (j) Develop and implement a system for the preparation, issuance,
use, and cancellation of entry permits as required by this standard,
including the safe termination of entry operations under both planned
and emergency conditions;
    (k) Develop and implement procedures to coordinate entry
operations, in consultation with the controlling contractor, when
employees of more than one employer are working simultaneously in a
permit space or elsewhere on the worksite where their activities could,
either alone or in conjunction with the activities within a permit
space, foreseeably result in a hazard within the confined space, so
that employees of one employer do not endanger the employees of any
other employer;
    (l) Develop and implement procedures (such as closing off a permit
space and canceling the permit) necessary for concluding the entry
after entry operations have been completed;
    (m) Review entry operations when the measures taken under the
permit space program may not protect employees and revise the program
to correct deficiencies found to exist before subsequent entries are
authorized; and

    Note to paragraph (m).  Examples of circumstances requiring the
review of the permit space program include, but are not limited to:
Any unauthorized entry of a permit space, the detection of a permit
space hazard not covered by the permit, the detection of a condition
prohibited by the permit, the occurrence of an injury or near-miss
during entry, a change in the use or configuration of a permit
space, and employee complaints about the effectiveness of the
program.

    (n) Review the permit space program, using the canceled permits
retained under Sec.  1926.1205(f), within 1 year after each entry and
revise the program as necessary to ensure that employees participating
in entry operations are protected from permit space hazards.

    Note to paragraph (n).  Employers may perform a single annual
review covering all entries performed during a 12-month period. If
no entry is performed during a 12-month period, no review is
necessary.

Sec.  1926.1205  Permitting process.

    (a) Before entry is authorized, each entry employer must document
the completion of measures required by Sec.  1926.1204(c) by preparing
an entry permit.
    (b) Before entry begins, the entry supervisor identified on the
permit must sign the entry permit to authorize entry.
    (c) The completed permit must be made available at the time of
entry to all authorized entrants or their authorized representatives,
by posting it at the entry portal or by any other equally effective
means, so that the entrants can confirm that pre-entry preparations
have been completed.
    (d) The duration of the permit may not exceed the time required to
complete the assigned task or job identified on the permit in
accordance with Sec.  1926.1206(b).
    (e) The entry supervisor must terminate entry and take the
following action when any of the following apply:
    (1) Cancel the entry permit when the entry operations covered by
the entry permit have been completed; or
    (2) Suspend or cancel the entry permit and fully reassess the space
before allowing reentry when a condition that is not allowed under the
entry permit arises in or near the permit space and that condition is
temporary in nature and does not change the configuration of the space
or create any new hazards within it; and
    (3) Cancel the entry permit when a condition that is not allowed
under the entry permit arises in or near the permit space and that
condition is not covered by paragraph (e)(2) of this section.
    (f) The entry employer must retain each canceled entry permit for
at least 1 year to facilitate the review of the permit-required
confined space program required by Sec.  1926.1204(n). Any problems
encountered during an entry operation must be noted on the pertinent
permit so that appropriate revisions to the permit space program can be
made.

Sec.  1926.1206  Entry permit.

    The entry permit that documents compliance with this section and
authorizes entry to a permit space must identify:
    (a) The permit space to be entered;
    (b) The purpose of the entry;
    (c) The date and the authorized duration of the entry permit;
    (d) The authorized entrants within the permit space, by name or by
such other means (for example, through the use of rosters or tracking
systems) as will enable the attendant to determine quickly and
accurately, for the duration of the permit, which authorized entrants
are inside the permit space;

    Note to paragraph (d). This requirement may be met by inserting
a reference on the entry permit as to the means used, such as a
roster or tracking system, to keep track of the authorized entrants
within the permit space.

    (e) Means of detecting an increase in atmospheric hazard levels in
the event the ventilation system stops working;
    (f) Each person, by name, currently serving as an attendant;
    (g) The individual, by name, currently serving as entry supervisor,
and the signature or initials of each entry supervisor who authorizes
entry;
    (h) The hazards of the permit space to be entered;
    (i) The measures used to isolate the permit space and to eliminate
or control permit space hazards before entry;

    Note to paragraph (i).  Those measures can include, but are not
limited to, the lockout or tagging of equipment and procedures for
purging, inerting, ventilating, and flushing permit spaces.

    (j) The acceptable entry conditions;
    (k) The results of tests and monitoring performed under Sec.
1926.1204(e), accompanied by the names or initials of the testers and
by an indication of when the tests were performed;
    (l) The rescue and emergency services that can be summoned and the
means (such as the equipment to use and the numbers to call) for
summoning those services;
    (m) The communication procedures used by authorized entrants and
attendants to maintain contact during the entry;
    (n) Equipment, such as personal protective equipment, testing
equipment, communications equipment, alarm systems, and rescue
equipment, to

be provided for compliance with this standard;
    (o) Any other information necessary, given the circumstances of the
particular confined space, to ensure employee safety; and
    (p) Any additional permits, such as for hot work, that have been
issued to authorize work in the permit space.

Sec.  1926.1207  Training.

    (a) The employer must provide training to each employee whose work
is regulated by this standard, at no cost to the employee, and ensure
that the employee possesses the understanding, knowledge, and skills
necessary for the safe performance of the duties assigned under this
standard. This training must result in an understanding of the hazards
in the permit space and the methods used to isolate, control or in
other ways protect employees from these hazards, and for those
employees not authorized to perform entry rescues, in the dangers of
attempting such rescues.
    (b) Training required by this section must be provided to each
affected employee:
    (1) In both a language and vocabulary that the employee can
understand;
    (2) Before the employee is first assigned duties under this
standard;
    (3) Before there is a change in assigned duties;
    (4) Whenever there is a change in permit space entry operations
that presents a hazard about which an employee has not previously been
trained; and
    (5) Whenever there is any evidence of a deviation from the permit
space entry procedures required by Sec.  1926.1204(c) or there are
inadequacies in the employee's knowledge or use of these procedures.
    (c) The training must establish employee proficiency in the duties
required by this standard and must introduce new or revised procedures,
as necessary, for compliance with this standard.
    (d) The employer must maintain training records to show that the
training required by paragraphs (a) through (c) of this section has
been accomplished. The training records must contain each employee's
name, the name of the trainers, and the dates of training. The
documentation must be available for inspection by employees and their
authorized representatives, for the period of time the employee is
employed by that employer.

Sec.  1926.1208  Duties of authorized entrants.

    The entry employer must ensure that all authorized entrants:
    (a) Are familiar with and understand the hazards that may be faced
during entry, including information on the mode, signs or symptoms, and
consequences of the exposure;
    (b) Properly use equipment as required by Sec.  1926.1204(d);
    (c) Communicate with the attendant as necessary to enable the
attendant to assess entrant status and to enable the attendant to alert
entrants of the need to evacuate the space as required by Sec.
1926.1209(f);
    (d) Alert the attendant whenever:
    (1) There is any warning sign or symptom of exposure to a dangerous
situation; or
    (2) The entrant detects a prohibited condition; and
    (e) Exit from the permit space as quickly as possible whenever:
    (1) An order to evacuate is given by the attendant or the entry
supervisor;
    (2) There is any warning sign or symptom of exposure to a dangerous
situation;
    (3) The entrant detects a prohibited condition; or
    (4) An evacuation alarm is activated.

Sec.  1926.1209  Duties of attendants.

    The entry employer must ensure that each attendant:
    (a) Is familiar with and understands the hazards that may be faced
during entry, including information on the mode, signs or symptoms, and
consequences of the exposure;
    (b) Is aware of possible behavioral effects of hazard exposure in
authorized entrants;
    (c) Continuously maintains an accurate count of authorized entrants
in the permit space and ensures that the means used to identify
authorized entrants under Sec.  1926.1206(d) accurately identifies who
is in the permit space;
    (d) Remains outside the permit space during entry operations until
relieved by another attendant;

    Note to paragraph (d). Once an attendant has been relieved by
another attendant, the relieved attendant may enter a permit space
to attempt a rescue when the employer's permit space program allows
attendant entry for rescue and the attendant has been trained and
equipped for rescue operations as required by Sec.  1926.1211(a).

    (e) Communicates with authorized entrants as necessary to assess
entrant status and to alert entrants of the need to evacuate the space
under Sec.  1926.1208(e);
    (f) Assesses activities and conditions inside and outside the space
to determine if it is safe for entrants to remain in the space and
orders the authorized entrants to evacuate the permit space immediately
under any of the following conditions:
    (1) If there is a prohibited condition;
    (2) If the behavioral effects of hazard exposure are apparent in an
authorized entrant;
    (3) If there is a situation outside the space that could endanger
the authorized entrants; or
    (4) If the attendant cannot effectively and safely perform all the
duties required under this section;
    (g) Summons rescue and other emergency services as soon as the
attendant determines that authorized entrants may need assistance to
escape from permit space hazards;
    (h) Takes the following actions when unauthorized persons approach
or enter a permit space while entry is underway:
    (1) Warns the unauthorized persons that they must stay away from
the permit space;
    (2) Advises the unauthorized persons that they must exit
immediately if they have entered the permit space; and
    (3) Informs the authorized entrants and the entry supervisor if
unauthorized persons have entered the permit space;
    (i) Performs non-entry rescues as specified by the employer's
rescue procedure; and
    (j) Performs no duties that might interfere with the attendant's
primary duty to assess and protect the authorized entrants.

Sec.  1926.1210  Duties of entry supervisors.

    The entry employer must ensure that each entry supervisor:
    (a) Is familiar with and understands the hazards that may be faced
during entry, including information on the mode, signs or symptoms, and
consequences of the exposure;
    (b) Verifies, by checking that the appropriate entries have been
made on the permit, that all tests specified by the permit have been
conducted and that all procedures and equipment specified by the permit
are in place before endorsing the permit and allowing entry to begin;
    (c) Terminates the entry and cancels or suspends the permit as
required by Sec.  1926.1205(e);
    (d) Verifies that rescue services are available and that the means
for summoning them are operable, and that the employer will be notified
as soon as the services become unavailable;
    (e) Removes unauthorized individuals who enter or who attempt to
enter the permit space during entry operations; and
    (f) Determines, whenever responsibility for a permit space entry
operation is transferred, and at intervals dictated by the hazards and
operations performed within the space, that entry

operations remain consistent with terms of the entry permit and that
acceptable entry conditions are maintained.

Sec.  1926.1211  Rescue and emergency services.

    (a) An employer who designates rescue and emergency services,
pursuant to Sec.  1926.1204(i), must:
    (1) Evaluate a prospective rescuer's ability to respond to a rescue
summons in a timely manner, considering the hazard(s) identified;

    Note to paragraph (a)(1). What will be considered timely will
vary according to the specific hazards involved in each entry. For
example, Sec.  1926.103 (Respiratory protection) requires that
employers provide a standby person or persons capable of immediate
action to rescue employee(s) wearing respiratory protection while in
work areas defined as IDLH atmospheres.

    (2) Evaluate a prospective rescue service's ability, in terms of
proficiency with rescue-related tasks and equipment, to function
appropriately while rescuing entrants from the particular permit space
or types of permit spaces identified;
    (3) Select a rescue team or service from those evaluated that:
    (i) Has the capability to reach the victim(s) within a time frame
that is appropriate for the permit space hazard(s) identified;
    (ii) Is equipped for, and proficient in, performing the needed
rescue services;
    (iii) Agrees to notify the employer immediately in the event that
the rescue service becomes unavailable;
    (4) Inform each rescue team or service of the hazards they may
confront when called on to perform rescue at the site; and
    (5) Provide the rescue team or service selected with access to all
permit spaces from which rescue may be necessary so that the rescue
team or service can develop appropriate rescue plans and practice
rescue operations.
    (b) An employer whose employees have been designated to provide
permit space rescue and/or emergency services must take the following
measures and provide all equipment and training at no cost to those
employees:
    (1) Provide each affected employee with the personal protective
equipment (PPE) needed to conduct permit space rescues safely and train
each affected employee so the employee is proficient in the use of that
PPE;
    (2) Train each affected employee to perform assigned rescue duties.
The employer must ensure that such employees successfully complete the
training required and establish proficiency as authorized entrants, as
provided by Sec. Sec.  1926.1207 and 1926.1208;
    (3) Train each affected employee in basic first aid and
cardiopulmonary resuscitation (CPR). The employer must ensure that at
least one member of the rescue team or service holding a current
certification in basic first aid and CPR is available; and
    (4) Ensure that affected employees practice making permit space
rescues before attempting an actual rescue, and at least once every 12
months, by means of simulated rescue operations in which they remove
dummies, manikins, or actual persons from the actual permit spaces or
from representative permit spaces, except practice rescue is not
required where the affected employees properly performed a rescue
operation during the last 12 months in the same permit space the
authorized entrant will enter, or in a similar permit space.
Representative permit spaces must, with respect to opening size,
configuration, and accessibility, simulate the types of permit spaces
from which rescue is to be performed.
    (c) Non-entry rescue is required unless the retrieval equipment
would increase the overall risk of entry or would not contribute to the
rescue of the entrant. The employer must designate an entry rescue
service whenever non-entry rescue is not selected. Whenever non-entry
rescue is selected, the entry employer must ensure that retrieval
systems or methods are used whenever an authorized entrant enters a
permit space, and must confirm, prior to entry, that emergency
assistance would be available in the event that non-entry rescue fails.
Retrieval systems must meet the following requirements:
    (1) Each authorized entrant must use a chest or full body harness,
with a retrieval line attached at the center of the entrant's back near
shoulder level, above the entrant's head, or at another point which the
employer can establish presents a profile small enough for the
successful removal of the entrant. Wristlets or anklets may be used in
lieu of the chest or full body harness if the employer can demonstrate
that the use of a chest or full body harness is infeasible or creates a
greater hazard and that the use of wristlets or anklets is the safest
and most effective alternative.
    (2) The other end of the retrieval line must be attached to a
mechanical device or fixed point outside the permit space in such a
manner that rescue can begin as soon as the rescuer becomes aware that
rescue is necessary. A mechanical device must be available to retrieve
personnel from vertical type permit spaces more than 5 feet (1.52
meters) deep.
    (3) Equipment that is unsuitable for retrieval must not be used,
including, but not limited to, retrieval lines that have a reasonable
probability of becoming entangled with the retrieval lines used by
other authorized entrants, or retrieval lines that will not work due to
the internal configuration of the permit space.
    (d) If an injured entrant is exposed to a substance for which a
Safety Data Sheet (SDS) or other similar written information is
required to be kept at the worksite, that SDS or written information
must be made available to the medical facility treating the exposed
entrant.

Sec.  1926.1212  Employee participation.

    (a) Employers must consult with affected employees and their
authorized representatives on the development and implementation of all
aspects of the permit space program required by Sec.  1926.1203.
    (b) Employers must make available to each affected employee and
his/her authorized representatives all information required to be
developed by this standard.

Sec.  1926.1213  Provision of documents to Secretary.

    For each document required to be retained in this standard, the
retaining employer must make the document available on request to the
Secretary of Labor or the Secretary's designee.

[FR Doc. 2015-08843 Filed 5-1-15; 8:45 am]
BILLING CODE 4510-26-P