confined spaces at construction worksites.
    The paperwork requirements would impose a duty to produce and
maintain records on employers who implement controls and take other
measures to protect employees from confined-space hazards in
construction. Accordingly, each construction business that has
employees who enter a confined space would be required to have, as
applicable, the following documents on file and available at the job
site: entry permits that contain atmospheric-testing and -monitoring
information; documentation regarding classification of the space;
inspection information identifying physical hazards; signed
verifications regarding atmospheric- and physical-hazard determinations
and the methods used to protect employees from these hazards;
information required to be communicated to contractors and controlling
contractors; a copy of the standard or written permit-required
confined-space (PRCS) entry program; information provided to medical
facilities; an annual review of PRCS entries, and training records for
each employee. The documents would have to be made available for review
by the affected employees and their authorized representatives before
employees enter the space. OSHA also would have access to the records
to determine compliance. 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 7 below identifies and describes the new collections of
information contained in the proposed standard.

    Table 7.--Collection-of-Information Requirements of the Proposed
                                Standard
------------------------------------------------------------------------

-------------------------------------------------------------------------
Paragraph 1926.1204(c): Contractors must provide confined-space
 information to controlling contractors and host employers.
Paragraph 1926.1205(b)(1): Employers must provide or communicate
 atmospheric-hazard information to medical facilities treating employees
 for exposure to atmospheres that are immediately dangerous to life and
 health.
Paragraph 1926.1209(a)(2): Employers must post PRCS danger signs.
Paragraph 1926.1209(d)(5): Employers must maintain records containing
 specified PRCS training information.
Paragraph 1926.1209(f): Employers must develop safe PRCS termination
 procedures.
Paragraph 1926.1210(a): Employers must prepare and post PRCS entry
 permits containing specified information.
Paragraphs 1926.1210(e)(2)(v) and 1926.1211(e)(3): Entry supervisors
 must sign the PRCS entry permits.
Paragraph 1926.1211(c): Employers must document exposure-monitoring
 results in the PRCS entry permits.
Paragraphs 1926.1211(f)(5), (f)(6), (f)(7), and (f)(11): Attendants
 must: communicate with authorized entrants under specified conditions;
 inform PRCS rescue services when a non-entry or entry rescue is
 required; inform employers when non-entry or entry rescue begins, and
 the need to provide medical aid or escape assistance to authorized
 entrants; warn individuals who are not authorized entrants to stay away
 from, or to exit, PRCSs; and warn authorized entrants and entry
 supervisors of any unauthorized PRCS entry.
Paragraphs 1926.1211(g)(2), (g)(3), and (g)(4)(i): Authorized entrants
 must: communicate with attendants under specified conditions; and
 inform attendants of any signs, symptoms, unusual behavior or other
 effect of a hazard.
Paragraph 1926.1211(h)(2): Employers must summon PRCS entry rescue
 services under specified conditions.
Paragraph 1926.1213(b)(2): Employers must provide PRCS entry rescue
 services with specified information regarding the PRCSs in which the
 services conduct rescue operations.
Paragraph 1926.1214(b): Employers must review PRCS entry permits at
 least annually using specified documents and information.
Paragraph 1926.1216(a)(3): Employers must verify and document specified
 CACS initial conditions.
Paragraph 1926.1216(b)(1)(ii): Employers must post CACS danger signs.
Paragraph 1926.1216(b)(2)(v): Employers must maintain records containing
 specified CACS training information.
Paragraphs 1926.1216(d)(4) and (e)(3): Employers must verify and
 document specified CACS conditions before entry and during entry.
Paragraphs 1926.1217(a)(4) and (c)(3): Employers must verify and
 document specified IHCS initial conditions and conditions before entry.
Paragraphs 1926.1219(a), (b), and (d): Employers must: maintain a copy
 of the standard or a written confined-space program at the worksite;
 retain PRCS entry permits for at least one year; and maintain CACS and
 IHCS verification documents until the confined-space work is completed.
Paragraph 1926.1219(e): On request from the Secretary of Labor or the
 Secretary's designee, employers must disclose documents required to be
 retained by the standard.
------------------------------------------------------------------------

    Affected Public: Business or other for-profit.
    Number of Respondents: 90,760.
    Frequency: On occasion (for most of the information-collection
requirements; determined by the onset of confined-space operations);
annually (for reviewing PRCS entry permits).
    Average Time per Response: Varies from one minute to maintain a
training record to one hour to develop a written confined-space
program.
    Estimated Total Burden Hours: 1.04 million hours.
    Estimated Costs (Operation and Maintenance): $0.
    Submitting comments. Members of the public who wish to comment on
the

paperwork requirements in this proposal must send their written
comments to the Office of Information and Regulatory Affairs, Attn:
OSHA Desk Officer (RIN 1218-AB47), Office of Management and Budget,
Room 10235, 725 17th Street NW., Washington, DC 20503. The Agency
encourages commenters to also submit their comments on these paperwork
requirements to the rulemaking docket, along with their comments on
other parts of the proposed rule. For instructions on submitting these
comments to the rulemaking docket, see the sections of this Federal
Register notice titled DATES and ADDRESSES.
    Docket and inquiries. To access the docket to read or download
comments and other materials related to this paperwork determination,
including the complete Information Collection Request (ICR) (containing
the Supporting Statement (describing the paperwork determinations in
detail), OMB-83-I Form, and attachments) use the procedures described
under the section of this notice titled ADDRESSES. You also may obtain
an electronic copy of the complete ICR by visiting the Web page http://
www.reginfo.gov/public/do/PRAMain. Scroll under ``Currently Under
Review'' to ``Department of Labor (DOL)'' to view all of the DOL's
ICRs, including those ICRs submitted for proposed rulemakings. To make
inquiries, or to request other information, contact Mr. Todd Owen,
Directorate of Standards and Guidance, OSHA, Room N-3609, U.S.
Department of Labor, 200 Constitution Avenue, NW., Washington, DC
20210; telephone<PHONE_NUMBER>.

D. Federalism

    The Agency reviewed the proposed rule according to the most recent
Executive Order (``E.O.'') on Federalism (E.O. 13132, 64 FR 43225).
This E.O. requires that Federal agencies, to the extent possible,
refrain from limiting State policy options, consult with States before
taking actions that restrict their policy options, and take such
actions only when clear constitutional authority exists and the problem
is national in scope. The E.O. allows Federal agencies to preempt State
law only with the expressed consent of Congress. In such cases, Federal
agencies must limit preemption of State law to the extent possible.
    Section 18 of the Occupational Safety and Health Act of 1970 (``the
Act''; 29 U.S.C. 667) expressly provides OSHA with authority to preempt
State occupational safety and health standards to the extent that the
Agency promulgates a Federal standard under Section 6 of the Act.
Accordingly, Section 18 of the Act authorizes the Agency to preempt
State promulgation and enforcement of requirements dealing with
occupational safety and health issues covered by OSHA standards unless
the State has an OSHA-approved occupational safety and health plan
(namely, is a State-Plan State). (See Gade v. National Solid Wastes
Management Association, 112 S. Ct. 2374 (1992).)
    With respect to States that do not have OSHA-approved plans, the
Agency concludes that this proposed rule would conform to the
preemption provisions of the Act. Additionally, Section 18 of the Act
prohibits States without approved plans from issuing citations for
violations of OSHA standards; the Agency finds that the proposed
rulemaking would not expand this limitation. Therefore, for States that
do not have approved occupational safety and health plans, this
proposed rule would not affect the preemption provisions of Section 18
of the Act.
    OSHA has authority under E.O. 13132 to promulgate the proposed rule
in 26 CFR part 1926 because the employee exposures to confined spaces
in the construction industry addressed by the proposed requirements are
national in scope. The Agency concludes that the requirements in this
proposed rule would provide employers in every State with critical
information to use when protecting their employees from the risks of
exposure to confined spaces. However, while OSHA drafted the proposed
requirements 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 in construction
provided these requirements are at least as effective in providing safe
and healthful employment and places of employment as the final
requirements that result from this proposal.
    In summary, this proposed rule complies with E.O. 13132. In States
without OSHA-approved State Plans, Congress expressly provides for OSHA
standards to preempt State job safety and health rules in areas
addressed by the Federal standards; in these States, this rule limits
State policy options in the same manner as every standard promulgated
by the Agency. In States with OSHA-approved State Plans, this
rulemaking does not significantly limit State policy options.

E. State-Plan States

    Section 18(c)(2) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 667(c)(2)) requires State-Plan States to adopt mandatory
standards promulgated by OSHA. Accordingly, the 24 States and two
Territories with their own OSHA-approved occupational safety and health
plans would have to adopt provisions comparable to the provisions in
this proposed rule within six months after the Agency publishes the
final rule that it develops from this proposal. The Agency believes
that the proposed rule would provide employers in State-Plan States and
Territories with critical information and methods necessary to protect
their employees from the physical and atmospheric hazards found in and
around confined spaces during construction. The 24 States and two
Territories with State Plans 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. Connecticut, New
Jersey, New York, and the Virgin Islands have OSHA-approved State Plans
that apply to State and local government employees only. Until a State-
Plan State/Territory promulgates its own comparable provisions base on
the final rule developed from this proposal, Federal OSHA will provide
the State/Territory with interim enforcement assistance, as
appropriate.

F. Unfunded Mandates Reform Act

    OSHA reviewed this proposed rule according to the Unfunded Mandates
Reform Act of 1995 (``UMRA''; 2 U.S.C. 1501 et seq.) and Executive
Order 12875 (58 FR 58093). As discussed above in section III of this
preamble (``Summary of the Preliminary Economic Analysis and Initial
Regulatory Flexibility Analysis''), the Agency estimates that
compliance with this proposed rule would require private-sector
employers to expend about $77 million each year. However, while this
proposed rule establishes a federal mandate in the private sector, it
is not a significant regulatory action within the meaning of Section
202 of the UMRA (2 U.S.C. 1532).
    Under voluntary agreement with OSHA, some States enforce compliance
with their State standards on public sector entities, and these
agreements specify that these State standards must be equivalent to
OSHA standards. Thus, although OSHA has included compliance costs for
the affected public sector entities in its analysis of the expected
impacts associated with the proposal, the proposal would not involve
any unfunded mandates being imposed on any State or local government
entity. Consequently, this proposed rule does not meet the

definition of a ``Federal intergovernmental mandate'' (see Section
421(5) of the UMRA (2 U.S.C. 658(5))). Therefore, for the purposes of
the UMRA, the Agency preliminarily certifies that this proposed rule
does not mandate that State, local, and tribal governments adopt new,
unfunded regulatory obligations, nor does the proposed rule increase
the expenditures by the private sector of more than $100 million a
year.

G. Applicability of Existing Consensus Standards

    Section 6(b)(8) of the Occupational Safety and Health Act of 1970
(``the Act''; 29 U.S.C. 655(b(8)) requires OSHA to explain ``why a rule
promulgated by the Secretary differs substantially from an existing
national consensus standard,'' by publishing ``a statement of the
reasons why the rule as adopted will better effectuate the purposes of
the Act than the national consensus standard.'' The Agency is not
proposing to adopt the American National Standards Institute (ANSI)
Z117.1 consensus standard (``Safety Requirements for Confined Spaces'')
as the OSHA confined-spaces-in-construction standard for several
reasons:
    1. The Agency believes that the ANSI standard concentrates on
confined spaces with oxygen-deficient atmospheres, or with potential
overexposures to air contaminants. 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-setting groups because their documents do not provide
sufficient guidance for employers to distinguish among the several
types of confined spaces that may be encountered, and among the variety
of hazards associated with each type of confined space.
    2. OSHA believes 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.
    3. The ANSI standard does not adequately address construction-
specific hazards, such as those posed by CS-PRCSs.
    OSHA understands that ANSI is developing a consensus standard for
confined spaces in construction. Should ANSI publish this consensus
standard after the comment period for this proposed standard ends but
prior to completing a final rule, OSHA will determine whether it is
appropriate to reopen the rulemaking record based on its careful review
of the ANSI standard.

H. Review of the Proposed Standard by the Advisory Committee for
Construction Safety and Health

    The proposed subpart would add requirements to the existing
standards in 29 CFR part 1926 that protect employees from exposure to
confined-space hazards found in the construction industry. Accordingly,
OSHA's regulation governing the Advisory Committee on Construction
Safety and Health (ACCSH) at 29 CFR 1912.3 requires OSHA to consult
with the ACCSH whenever the Agency proposes a rule that involves the
occupational safety and health of construction employees. At the
regular meeting of the ACCSH on October 19, 2004, OSHA briefed the
members on the proposed subpart using a slide presentation, and then
responded to their questions. It subsequently provided the members of
the ACCSH with copies of the slides and the proposed regulatory text
for their review. At the ACCSH's next regular meeting on February 17,
2005, the OSHA staff answered additional questions from the members;
the members then recommended that OSHA proceed with publishing the
proposal, taking into consideration written and oral comments provided
by them during the meeting.

I. Public Participation--Comments and Hearings

    OSHA encourages members of the public to participate in this
rulemaking by submitting comments on the proposal and documentary
evidence. In this regard, the Agency invites interested parties having
knowledge of, or experience with, confined spaces in construction to
participate in this process, and welcomes any pertinent data and cost
information that will provide it with the best available evidence on
which to develop the final regulatory requirements.
    Comments. The Agency invites interested parties to submit written
data, views, and arguments concerning this proposal. In particular, the
Agency welcomes comments on its determination of the economic or other
regulatory impacts of the proposed rule on the regulated community.
When submitting comments, follow the procedures specified above in the
sections titled DATES and ADDRESSES. The comments must clearly identify
the provision of the proposal being addressed, the position taken with
respect to each issue, and the basis for that position. Comments, along
with supporting data and references, received by the end of the
specified comment period will become part of the proceedings record,
and will be available electronically for public inspection at the
Federal eRulemaking Portal (http://www.regulations.gov), or may be read
at the OSHA Docket Office, Room N-2625, 200 Constitution Ave., NW.,
Washington. (See the section of this Federal Register notice titled
ADDRESSES for additional information on how to access these documents.)
    Informal Public Hearings. Requests for a hearing should be
submitted to the Agency as set forth above under the sections of this
notice titled DATES and ADDRESSES.

List of Subjects in 29 CFR Part 1926

    Construction industry, Occupational safety and health, Safety.

Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, U.S. Department of Labor, 200 Constitution Ave.,
NW., Washington, DC 20210, directed the preparation of this notice. The
Agency is issuing this proposal under the following authorities:
Sections 4, 6(b), 8(c), and 8(g) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, 657); Section 3704 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.); Section 4
of the Administrative Procedure Act (5 U.S.C. 553); Secretary of
Labor's Order No. 5-2002 (67 FR 65008); and 29 CFR part 1911.

    Signed at Washington, DC on November 2, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.

    For the reasons stated in the preamble of this proposed rule, the
Agency is proposing to amend 29 CFR part 1926 by adding subpart AA to
read as follows:

PART 1926--[AMENDED]

Subpart AA--Confined Spaces in Construction
Sec.
1926.1200 [Reserved]
1926.1201 Introduction.
1926.1202 Scope.
1926.1203 Definitions applicable to this subpart.
1926.1204 Worksite evaluation, information exchange, and
coordination.
1926.1205 Atmospheric testing and monitoring.
1926.1206 Classification and precautions.
1926.1207 Reassessment.

1926.1208 Permit-required confined spaces.
1926.1209 PRCS--initial tasks.
1926.1210 PRCS--preparing for entry.
1926.1211 PRCS--during entry.
1926.1212 PRCS--terminating entry.
1926.1213 PRCS--rescue criteria.
1926.1214 PRCS--entry permits.
1926.1215 Continuous System-PRCS.
1926.1216 Controlled-atmosphere confined spaces--requirements for
classification and accident prevention and protection.
1926.1217 Isolated hazard confined spaces--requirements for
classification and accident prevention and protection.
1926.1218 Equipment.
1926.1219 Records.
Appendix A to subpart AA of part 1926--List of Confined-Space
Requirements in Other Construction Standards that Supplement the
Requirements of subpart AA (Mandatory)
Appendix B to subpart AA of part 1926--Sample Entry Permit for PRCSs
and CS-PRCSs and Sample Verification Document for CACSs and IHCSs
(Non-Mandatory)

Subpart AA--Confined Spaces in Construction

    Authority: Section 3704 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 5-2007 (72 FR 31159); and 29
CFR Part 1911.

Sec.  1926.1200  [Reserved]

Sec.  1926.1201  Introduction.

    (a) This standard sets out safety precautions that must be taken
when working within or near a confined space that is subject to a
hazard. Wherever the term ``hazard'' is used in this standard, it means
an existing hazard or a hazard that has a reasonable probability of
occurring in or near a confined space. A confined space is a space that
has all of the following characteristics: Is large enough and so
arranged that an employee can bodily enter it, has limited or
restricted means for entry and exit, and is not designed for continuous
employee occupancy.
    (b) A confined space that is subject to a hazard must be
classified. The classification determines what accident-prevention and
-protection requirements apply to that space.
    (1) There are four classifications:
    (i) Continuous System-Permit-Required Confined Space (CS-PRCS).
    (ii) Permit-Required Confined Space (PRCS).
    (iii) Controlled-Atmosphere Confined Space (CACS).
    (iv) Isolated-Hazard Confined Space (IHCS).
    (2) The employer has the option of selecting any of these
classifications, as long as the employer meets the applicable
requirements for the classification selected . The one exception is
that a space with the characteristics of a CS-PRCS cannot be given a
different classification.
    (c) There are precautions that must be followed if employees have
to enter a space when in the process of determining which
classification will be used (see Sec.  1926.1204(b)(2)).
    (d) If the contractor determines under Sec.  1926.1204 that the
confined space is not subject to any hazards (in which case the
confined space need not be classified), the contractor must complete a
reassessment of that determination upon the occurrence of any of the
indications for reassessment specified in Sec.  1926.1207(a).

Sec.  1926.1202  Scope.

    (a) This standard applies to employers engaged in construction work
and who have confined spaces at their job site, unless one of the
exceptions in paragraph (b) of this section applies.

    Note to Sec.  1926.1202(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); boilers; 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 29 CFR Part 1926 subpart Y
(Diving).
    (2) Non-sewer construction work regulated by 29 CFR part 1926
subpart P (Excavations).
    (3) Non-sewer construction work regulated by 29 CFR part 1926
subpart S (Underground Construction, Caissons, Cofferdams and
Compressed Air).
    (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 standard's provision(s) and the
applicable provisions of this standard.

    Note to Sec.  1926.1202(c): A list of confined-space provisions
in other construction standards is in Appendix A to this subpart.

    (d) The duties of controlling contractors under this standard
include, but are not limited to, the duties specified in Sec.
1926.1204(a).

Sec.  1926.1203  Definitions applicable to this subpart.

    Atmospheric hazard (see the definition of Hazardous atmosphere).
    Attendant is an employee stationed outside one or more PRCSs who
performs the duties specified in Sec.  1926.1211(f) (Attendant duties).
    Authorized entrant is an employee who the employer authorizes to
enter a PRCS and performs the duties specified in Sec.  1926.1211(g)
(Authorized entrant duties).
    Barrier means a physical obstruction that blocks or limits access.
    Blanking or blinding means closing a pipe, line, or duct by
covering its bore with a solid plate that can withstand the maximum
pressure inside the pipe, line, or duct without leaking. A plate may be
a spectacle blind or a skillet blind.
    Confined space is a space that has all of the following
characteristics:
    (1) Is large enough and so arranged that an employee can bodily
enter it.
    (2) Has limited or restricted means for entry and exit.
    (3) Is not designed for continuous employee occupancy.

    Note: There are four confined space classifications: Isolated-
Hazard Confined Space, Controlled-Atmosphere Confined Space, Permit-
Required Confined Space and Continuous System-Permit-Required
Confined Space.

    Continuous System-Permit-Required Confined Space (CS-PRCS) is a
Permit-Required Confined Space that has all of the following
characteristics:
    (1) Is part of, and contiguous with, a larger confined space (for
example, sewers).
    (2) The employer cannot isolate it from the larger confined space.
    (3) Is subject to a potential hazard release from the larger
confined space that would overwhelm personal protective equipment and/
or hazard controls, resulting in a hazard that is immediately dangerous
to life and health.
    Contractor is an employer who has employees engaged in
construction, and is neither a controlling contractor nor a host
employer.
    Control is the action taken to reduce the level of any hazard
inside a confined space using engineering methods (for example, by
isolation or 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.
    Controlled-Atmosphere Confined Space (CACS) is a confined space
that has all of the following characteristics:
    (1) Contains no physical hazards or only isolated physical hazards.

    (2) Uses ventilation alone to control atmospheric hazards at safe
levels.
    Controlling contractor is the employer that has overall
responsibility for construction at the worksite.

    Note: 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 (with regard to lines, ducts, and
pipes) closing two in-line valves and locking or tagging them in the
closed position, and then opening the drain or vent in the line between
the two closed in-line valves and locking or tagging it in the open
position.
    Early-warning system is 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 is any occurrence, inside or outside a confined space,
that could cause death or serious physical harm to employees whose work
is covered by this standard. For example, an emergency occurs if an
employer fails to isolate a physical hazard or if ventilation or
atmosphere-monitoring equipment malfunctions.
    Engulfment hazard is a physical hazard consisting of a liquid or
flowable solid substance that can surround and capture an individual.
Engulfment hazards may cause death or serious physical harm if: the
individual inhales the engulfing substance into the respiratory system
(drowning, for example); the substance exerts excessive force on the
individual's body resulting in strangulation, constriction, or
crushing; or the substance suffocates the individual.
    Entrant (see the definition of Authorized entrant).
    Entry occurs when any part of an employee's body breaks the plane
of an opening into a confined space. Entry (or entry operations) also
refers to the period during which an employee occupies a confined
space.
    Entry permit means the document used by the employer to control
entry into a PRCS as specified in Sec.  1926.1214 (PRCS--entry
permits).
    Entry rescue occurs when a rescue service enters a PRCS to rescue
employees.
    Entry supervisor means a qualified individual who the employer
assigns to control entry into PRCS as specified in Sec.
1926.1210(e)(2) (Entry supervisor requirements).
    Hazard means a physical hazard or hazardous atmosphere. See
definitions below.
    Hazardous atmosphere means an existing or potential atmosphere
consisting of at least one of the following:
    (1) A flammable gas, vapor, or mist in excess of 10 percent of its
lower flammable limit.
    (2) An airborne combustible dust at a concentration that meets or
exceeds its lower explosive limit.
    (3) An atmospheric oxygen concentration below 19.5 percent
(``oxygen deficient'') or above 23.5 percent (``oxygen enriched'').
    (4) An airborne concentration of a substance that exceeds the dose
or exposure limit specified by an OSHA requirement.
    (5) An atmosphere that presents an immediate danger to life or
health.
    Host employer owns or manages the property where construction is
taking place.

    Note: If a host employer has overall responsibility for
construction at the worksite, then it is both a host employer and
controlling contractor.

    Immediately dangerous to life or health (IDLH) is a condition that
occurs when an employee is exposed to a physical or atmospheric hazard
that could result in any one of the following effects:
    (1) An immediate threat to life.
    (2) Irreversible adverse health effects.
    (3) Serious physical harm.
    (4) Impaired ability to escape unaided from a confined space.
    Identify a hazard means determining the type, quantity, and
characteristics of a hazard, including the likelihood that a hazard
currently absent from a confined space could enter the confined space.
    Inspection information means any information obtained about a
space, including, but not limited to, blueprints, schematics, and/or
similar documents, documents regarding previous confined space entries,
or physical inspection/testing.
    Isolate or isolation means the elimination or removal of a physical
or atmospheric hazard by preventing its release into a confined space.
Isolation includes, but is not limited to, the following methods:
Blanking and blinding; misaligning or removing sections of lines,
pipes, or ducts; a double-block-and-bleed system; locking out or
tagging out energy sources; machine guarding; and blocking or
disconnecting all mechanical linkages.
    Isolated-Hazard Confined Space (IHCS) is a confined space in which
the employer has isolated all physical and atmospheric hazards.
    Limited or restricted means for entry and exit refers to 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, hazards, poor illumination, slippery floors, inclining surfaces and
ladders.
    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 atmosphere in a confined space after an authorized entrant
enters the space. This is a process of checking for changes in the
atmospheric conditions within a confined space and is performed in a
periodic or continuous manner after the completion of the initial
testing of that space.
    Non-entry rescue occurs when a rescue service, usually the
attendant, retrieves employees in a PRCS without entering the PRCS.
    OSHA requirement means an OSHA standard or regulation that applies
to construction, or the general duty clause of the Occupational Safety
and Health Act of 1970 (paragraph (a)(1) of 29 U.S.C. 654).
    Permit-Required Confined Space (PRCS) is a confined space that has
any one of the following characteristics:
    (1) A hazardous atmosphere.
    (2) Inwardly converging, sloping, or tapering surfaces that could
trap or asphyxiate an employee. For example, a space between walls that
narrows towards the base (including, but not limited to, funnels and
hoppers).
    (3) An engulfment hazard or other physical hazard.
    Physical hazard means an existing hazard that can cause death or
serious physical harm in or near a confined space, or a hazard that has
a reasonable probability of occurring in or near a confined space, and
that includes, but is 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 refers to chemicals that can cause death
or serious physical harm through skin or eye contact (rather than
through inhalation).
    Planned conditions are the conditions under which authorized
entrants can work safely in a PRCS or CS-PRCS, including hazard levels
and methods of employee protection.

    Protect or protection means keeping an employee safe in the
presence of a physical or atmospheric hazard using methods other than
control (for example, using personal protective equipment).
    Rescue means retrieving, and providing medical assistance to,
employees who are in a PRCS.
    Rescue service means the onsite or offsite personnel who the
employer designates to engage in non-entry and/or entry rescue of
employees from a PRCS.
    Retrieval system means the equipment, including mechanical
retrieval devices, used for non-entry rescue of authorized entrants
from a PRCS.
    Safe level is an employee exposure to an atmospheric or physical
hazard that meets OSHA requirements.
    Serious physical harm means:
    (1) An impairment in which a body part is made functionally useless
or is substantially reduced in efficiency. Such impairment includes,
but is not limited to, loss of consciousness or disorientation, and may
be permanent or temporary, or chronic or acute. Injuries involving such
impairment would usually require treatment by a physician or other
licensed health-care professional; or
    (2) An illness that could shorten life or substantially reduce
physical or mental efficiency by impairing a normal bodily function or
body part.
    Simulated Permit-Required Confined Space is a confined space or a
mock-up of a confined space that has all of the following
characteristics:
    (1) Has similar entrance openings, and is similar in size,
configuration, and accessibility to the PRCS the authorized entrants
enter.
    (2) Need not contain any physical or atmospheric hazards.
    Standard means this subpart unless otherwise specified.
    Test or testing means the process used to identify and evaluate the
atmosphere in a confined space before an authorized entrant enters the
space.
    Unplanned condition means a deviation from the planned conditions.
    Ventilate or ventilation means controlling a hazardous atmosphere
using continuous forced-air mechanical systems that meet the
requirements of 29 CFR 1926.57 (Ventilation).

Sec.  1926.1204  Worksite evaluation, information exchange, and
coordination.

    (a) Neither the controlling contractor nor the host employer is
required to obtain the information listed in this paragraph. However,
if they have it, they must provide it to the contractor for the
contractor's evaluation before the contractor first enters a confined
space:
    (1) The location of each space that the controlling contractor or
host employer actually knows is a confined space.
    (2) For each of the spaces identified in paragraph (a)(1) of this
section:
    (i) Any hazards, if known, that affect that space.
    (ii) The classification of the space, IHCS, CACS, PRCS, or CS-PRCS,
if previously classified.
    (iii) Any precautions and procedures that the controlling
contractor or host employer previously implemented for entering the
space.

    Note to Sec.  1926.1204(a): Unless a controlling contractor or
host employer has or will have employees in a confined space, they
are not required to enter any confined space to collect the
information specified in paragraph (a) of this section.

    (b) The contractor must determine if there are confined spaces and
if these spaces are subject to any hazards, using the following
procedures:
    (1) Without entering the space, the contractor must consider
information, if any, from the host employer and controlling contractor,
and use inspection information (see paragraph (b)(2) of this section),
to:
    (i) Determine if the space meets the definition of a confined
space.
    (ii) Identify any physical and atmospheric hazards.
    (2) If the contractor can demonstrate that obtaining required
information without entering the space is infeasible, employees may
enter to inspect for that information only if the requirements of
Sec. Sec.  1926.1208 through 1926.1214 (PRCSs) and, if applicable,
Sec.  1926.1215 (CS-PRCSs), are met.
    (3) To determine if there are atmospheric hazards, the contractor
must follow the atmospheric-testing and -monitoring requirements in
Sec.  1926.1205. This testing must be done without using mechanical
ventilation or altering the natural ventilation in the space.
    (4) The contractor must meet other applicable OSHA requirements,
including training requirements, for the use of personal and other
protective equipment, as required in Sec.  1926.1213(c)(2).
    (c) If the contractor classifies a space as an IHCS, CACS, PRCS, or
CS-PRCS, it must:
    (1) Inform the controlling contractor and host employer of the
precautions and procedures the contractor will follow for entry into
the space.
    (2) At the conclusion of entry operations, inform the controlling
contractor and host employer about any hazards that were present, or
that developed, during entry operations.
    (d) If more than one employer will have employees in the space at
the same time, the controlling contractor shall coordinate entry
operations with the contractors.
    (e) Employee participation and notification. The employer must
provide its employees who enter a confined space, and their authorized
representatives, with an opportunity to observe the evaluations of the
space (Sec.  1926.1204(b)), any reassessment conducted pursuant to
Sec.  1926.1207, and atmospheric testing and monitoring required by
this standard.

Sec.  1926.1205  Atmospheric testing and monitoring.

    (a) When testing or monitoring atmospheric hazards in a confined
space, the employer must:
    (1) Test or monitor in the following order: Oxygen, combustible
gases and vapors, and toxic gases and vapors, unless testing or
monitoring is conducted simultaneously.
    (2) Test or monitor for other atmospheric hazards as specified by
applicable OSHA requirements.
    (3) Monitor periodically and as necessary, unless applicable OSHA
requirements or other provisions of this standard specify a different
frequency.
    (4) Test or monitor using a properly calibrated, direct-reading
instrument(s).
    (b) If a medical facility treats an employee exposed to an
atmosphere that is immediately dangerous to life and health, then the
employer must:
    (1) Provide or communicate to the medical facility any information
that the employer is required to retain regarding the atmosphere (for
example, the name of and level of exposure to atmospheric contaminants,
and the information required by 29 CFR 1910.1200 (Hazard
Communications) to be provided on Material Safety Data Sheets).
    (2) Do so as soon as practical after the exposure.

Sec.  1926.1206  Classification and precautions.

    (a) Using the information obtained in Sec.  1926.1204, the employer
must classify the space as a Continuous System-Permit-Required Confined
Space (CS-PRCS) if the space has all of the following characteristics:
    (1) Is part of, and contiguous with, a larger confined space (for
example, sewers).
    (2) Is not isolated from the larger confined space.
    (3) Is subject to a potential hazard release from the larger
confined space that would overwhelm personal

protective equipment and/or hazard controls, resulting in a hazard that
is immediately dangerous to life and health.
    (b) For confined spaces other than a CS-PRCS, the employer must use
the information obtained in Sec.  1926.1204 to classify the space as a
PRCS (Sec.  1926.1208) or, alternatively, as a CACS (Sec.  1926.1216)
or IHCS (Sec.  1926.1217) if the space meets the applicable
requirements for the classification selected.
    (c) The employer must meet the accident-prevention and -protection
requirements applicable to the space classification before any employee
enters the space, unless otherwise specified.

Sec.  1926.1207  Reassessment.

    (a) If the contractor made a determination under Sec.  1926.1204
that the confined space was not subject to any hazards, the contractor
must reassess that determination if there is an indication that the
conditions under which the determination was made have changed. Such
indications include, but are not limited to:
    (1) A change in the configuration or use of, or the type of work
conducted or materials used in, the confined space.
    (2) New information regarding a hazard in or near a confined space.
    (3) An employee or authorized representative provides a reasonable
basis for believing that a hazard determination is inadequate.
    (b) If the contractor made a determination under Sec.  1926.1204
that the confined space was subject to a hazard, the contractor must
reassess the determinations, procedures, and equipment used to protect
employees in or near a confined space if there is an indication that
the measures taken may not protect employees. Such indications include,
but are not limited to:
    (1) A change in the configuration or use of, or the type of work
conducted or materials used in, the confined space.
    (2) New information regarding a hazard in or near a confined space.
    (3) An employee or authorized representative provides a reasonable
basis for believing that a hazard determination or protective measure
is inadequate.
    (4) An unauthorized entry into a PRCS.
    (5) Detection of a hazard in or near a PRCS that is not addressed
by the entry permit.
    (6) Detection of a hazard level in or near a PRCS that exceeds the
planned conditions specified in the entry permit.
    (7) The occurrence, during an entry operation, of an injury,
fatality or near-miss.
    (c) If the contractor must reassess the confined space based on
paragraphs (a) or (b) of this section, then the contractor must ensure
that:
    (1) All employees exit the confined space immediately.
    (2) No employee reenters the space until the contractor:
    (i) Identifies physical and atmospheric hazards in accordance with
Sec.  1926.1204(b).
    (ii) Follows the classification procedures specified by Sec.
1926.1206 (Classification and precautions).
    (iii) Meets the accident-prevention and -protection requirements
applicable to the space classification selected by the contractor
before any employee reenters the space.

Sec.  1926.1208  Permit-required confined spaces.

    (a) Permit-required confined space (PRCS) classification
requirements. (1) A PRCS is a confined space that has any one of the
following characteristics:
    (i) A hazardous atmosphere; or
    (ii) Inwardly converging, sloping, or tapering surfaces that could
trap or asphyxiate an employee. For example, a space between walls that
narrows towards the base (including, but not limited to, funnels and
hoppers); or
    (iii) In engulfment hazard or other physical hazard.
    (2) The requirements for a confined space classified as a PRCS are:
    (i) For each physical hazard that was identified using the
procedures in Sec.  1926.1204(b), the employer must determine an
isolation method or a method of protecting employees from the physical
hazard that meets applicable OSHA requirements.
    (ii) For each atmospheric hazard that was identified using the
procedures in Sec.  1926.1205, the employer must determine an isolation
method or a method for controlling the hazard at a safe level or
protecting employees from the atmospheric hazard with personal
protective equipment.
    (b) Planned conditions. (1) Using the determinations made in
paragraph (a)(2) of this section, the employer must define the
conditions under which authorized entrants can work safely in the PRCS,
including hazard levels and methods of employee protection (that is,
``planned conditions'').
    (2) The employer must determine 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 PRCS.

Sec.  1926.1209  PRCS--initial tasks.

    (a) Notification and posting danger signs. (1) The contractor must
notify its employees that it anticipates will be in or near the PRCS
and their authorized representative, and the controlling contractor,
about the location of, and the hazards/dangers posed by, the PRCSs
located at the job site.
    (2) The employer must post a danger sign to warn employees about
the PRCS. Posting signs at or near the entrances to the PRCS that read,
``Danger--Permit-Required Confined Space--Authorized Employees Only''
or ``Danger--Do Not Enter Without a Permit,'' or similar language, will
meet this requirement. If the employer demonstrates that a sign is
infeasible, then an equally effective means of warning employees must
be used.
    (b) Prohibiting entry. The employer must decide if employees will
be authorized to enter the PRCS. Where no employees will be authorized
to enter, the following steps must be taken:
    (1) Use barriers to permanently close the PRCS.
    (2) Post danger signs that comply with paragraph (a)(2) of this
section.
    (3) Inform the employees and the controlling contractor of the
location of that PRCS and the steps used to prevent entry.
    (c) Limiting entry. (1) Where one or more employees will be
authorized to enter the PRCS, the employer must prevent the non-
authorized employees from entering the PRCS by taking the following
steps:
    (i) Across the entrances to the PRCS, use barriers or high-
visibility physical restrictions, such as warning lines with flags.
    (ii) Post danger signs that comply with paragraph (a)(2) of this
section.
    (iii) Inform the non-authorized employees and the controlling
contractor of the location of, and hazards in, the PRCS, and the steps
used to prevent unauthorized entry.
    (2) Only employees who are ``authorized entrants'' are to be
permitted to enter the PRCS.
    (d) Training. (1) The employer must ensure that employees the
employer anticipates will be in or near a PRCS (i.e., employees who
have duties specified by the applicable sections of this standard
(entry supervisors, attendants, authorized entrants, and rescue-service
employees)) acquire the knowledge and skills necessary for the safe
performance of these duties. This training must result in an
understanding of the hazards in the PRCS and the methods used to
isolate, control or in other ways protect employees from these hazards.

    (2) Hazards of rescue. The employer must train employees the
employer anticipates will be in or near a PRCS who are not authorized
to perform entry rescues about the dangers of attempting such rescues.
    (3) When to train under paragraphs (d)(1) and (d)(2) of this
section:
    (i) Prior to initial entry into the PRCS.
    (ii) If an employee the employer anticipates will be in or near a
PRCS receives a change in assigned duties that relate to maintaining
the planned conditions, any additional training necessitated by the
change in duties must be completed before the employee re-enters the
PRCS.
    (iii) If a new hazard is introduced or occurs in the PRCS for which
the employees the employer anticipates will be in or near a PRCS
received no previous training, the authorized entrant must exit the
space immediately and this training must be completed before resuming
work in the space.
    (4) The employer must ensure that the employees the employer
anticipates will be in or near a PRCS can demonstrate proficiency in
the duties required by this standard, including new and revised PRCS
procedures.
    (5) Training records. The employer must maintain training records
for each employee. The training records must:
    (i) Show that the employee accomplished the training requirements
specified above in paragraphs (d)(1) through (d)(4) of this section.
    (ii) Contain the employee's name, names of the trainers, and dates
of the training.
    (6) Retraining. Before employees continue with PRCS entry
operations, the employer must train those employees it has reason to
believe:
    (i) Deviated from the PRCS entry procedures specified in Sec. Sec.
1926.1209 through 1926.1214 of this standard; or
    (ii) Do not have adequate knowledge and skills of PRCS entry
procedures.
    (e) Rescue preparations. Before any authorized entrant enters the
PRCS, the employer must complete arrangements for providing for the
rescue of these employees in accordance with Sec.  1926.1213.
    (f) Safe termination procedures. For each PRCS that authorized
entrants will enter, the employer must develop procedures for safely
terminating entry operations under both planned and emergency
conditions.

Sec.  1926.1210  PRCS--preparing for entry.

    Before entry, the employer must ensure that the following
requirements are met:
    (a) Entry permit. Prepare and post an entry permit where the
authorized entrants enter the PRCS. Entry permit requirements are in
Sec.  1926.1214.
    (b) Removing entrance covers. Prior to removing an entrance cover,
eliminate any condition (for example, high pressure in the PRCS) that
makes it unsafe to remove the cover.
    (c) Guarding holes and openings. Outside the space, when necessary
to protect employees working in and around the space, promptly: use
guardrails or covers as specified in 29 CFR 1926.502 (Fall protection
systems criteria and practices) of subpart M (Fall Protection) to guard
holes and openings into the space from falling individuals and objects
and institute measures to control pedestrian and vehicle traffic in
accordance with the requirements in 29 CFR part 1926 subpart G (Signs,
Signals, and Barricades).
    (d) Safe access. Ensure that a safe method of entering and exiting
a PRCS (such as stairways or ladders) is provided and used, and that it
meets applicable OSHA requirements. 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 prior to use.
    (e) Entry supervisor. (1) Assign an entry supervisor to supervise
PRCS entry operations.
    (2) Entry supervisor requirements. Ensure that each entry
supervisor:
    (i) Knows the physical and atmospheric hazards in the PRCS.
    (ii) Knows how these hazards enter the body (such as skin contact
and inhalation), signs and symptoms, and characteristic effects (such
as behavioral effects) of exposure to these hazards.
    (iii) Verifies that the conditions in the PRCS are within the
planned conditions as defined under Sec.  1926.1208(b) and specified in
the entry permit by checking the appropriate entries in the entry
permit, verifying completion of the atmospheric testing specified in
the entry permit, and verifying that any other procedures and equipment
specified in the entry permit are in place.
    (iv) Verifies that the rescue service is available and that the
means for summoning the rescue service works.
    (v) Signs the entry permit to authorize entry into the PRCS.
    (vi) Terminates PRCS entry operations in accordance with Sec.
1926.1212(b) (Supervisor requirements) of this standard.
    (f) Attendant. (1) Assign an attendant to be stationed outside the
PRCS for the duration of the entry operation.
    (2) Hazard awareness. Ensure that each attendant knows:
    (i) The physical and atmospheric hazards in the PRCS.
    (ii) How the hazards enter the body (such as skin contact and
inhalation), signs and symptoms, and characteristic effects (including
behavioral effects) of exposure to these hazards.
    (3) Attending multiple PRCSs. If a single attendant is assigned to
monitor multiple PRCSs, then ensure that:
    (i) The attendant can fully perform the duties specified by Sec.
1926.1211(f) (Attendant duties).
    (ii) The equipment and procedures are provided to enable an
attendant to respond to an emergency affecting any of the PRCSs the
attendant is monitoring.
    (g) Authorized entrant. (1) Designate which employee(s) are
authorized entrants in the PRCS.
    (2) Hazard awareness. Ensure that each authorized entrant knows:
    (i) The physical and atmospheric hazards in the PRCS.
    (ii) How the hazards enter the body (such as skin contact and
inhalation), signs and symptoms, and characteristic effects (such as
behavioral effects) of exposure to these hazards.
    (h) Criteria for assigning simultaneous roles. (1) Employees are
prohibited from serving as authorized entrants and attendants
simultaneously.
    (2) Authorized entrants may serve simultaneously as entry
supervisors only if the employer ensures that they meet the
requirements of both Sec. Sec.  1926.1210(e) (Entry supervisor) and
1926.1210(g) (Authorized entrant).
    (3) Attendants may serve simultaneously as entry supervisors only
if the employer ensures that they meet the requirements of both
Sec. Sec.  1926.1210(e) (Entry supervisor) and 1926.1210(f)
(Attendant).
    (i) [Reserved]
    (j) Equipment. In addition to the equipment required in Sec.
1926.1218, the employer shall provide and ensure the use of the
following equipment:
    (1) Communication equipment for compliance with paragraphs (f)(5),
(g)(2) (entrant-to-attendant communication requirements), and (h)(2)
(Entry rescue--when to summon) of Sec.  1926.1211.
    (2) Lighting equipment needed to comply with 29 CFR 1926.56
(Illumination).
    (3) Railings, covers, or barriers as required in Sec. Sec.
1926.1209(b) (Prohibiting entry) and (c) (Limiting entry), and
1926.1210(c) (Guarding holes and openings).
    (4) Equipment, such as ladders, needed for safe entry to and exit
from a PRCS.

    (5) Rescue and emergency equipment required to comply with Sec.
1926.1213 (PRCS--rescue criteria), unless a rescue service provides its
own rescue and emergency equipment.
    (6) Any other equipment necessary for safe rescue operations in or
near PRCSs.
    (k) Document the determinations made and the actions taken in
paragraphs (b) through (j) of this section by entering the information
in the entry permit as required in Sec.  1926.1214(a).

Sec.  1926.1211  PRCS--during entry.

    While any authorized entrant is in a PRCS, the employer must ensure
that the following requirements are met:
    (a) The physical and atmospheric hazards remain isolated or
controlled, or the employees remain protected from them, in accordance
with the determinations made in Sec.  1926.1208 (Permit-required
confined spaces).
    (b) Monitoring. Atmospheric hazards are monitored as specified in
Sec.  1926.1205 (Atmospheric testing and monitoring). Monitoring must
be continuous 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.
    (c) The procedures and monitoring results in paragraphs (a) and (b)
are documented by entering the information in the entry permit as
stated in Sec.  1926.1214(a).
    (d) Entry supervisor duties. Each entry supervisor:
    (1) Ensures that entry conditions are being properly monitored and
that these conditions remain consistent with the planned conditions
specified in the entry permit.
    (2) Removes individuals who are not authorized entrants who enter,
or who attempt to enter, a PRCS.
    (3) Evacuation. Orders authorized entrants to exit the PRCS as
quickly as possible if required under either paragraph (d)(3)(i) or
(d)(3)(ii) of this section, as follows:
    (i) The entry supervisor detects or learns of any of the following:
    (A) An unplanned condition.
    (B) Any sign, symptom, unusual behavior or other effect of a hazard
in an authorized entrant.
    (C) An evacuation alarm.
    (D) A situation outside the PRCS that could endanger the authorized
entrants.
    (ii) The entry supervisor cannot effectively and safely perform all
the duties required by Sec.  1926.1210(e)(2) (Entry supervisor
requirements) and cannot be immediately replaced.
    (4) Entry permit cancellation. Cancels the entry permit upon the
occurrence of any of the following:
    (i) An evacuation is required under this section.
    (ii) Any of the indications that require a reassessment under Sec.
1926.1207(b).
    (iii) The entry operations covered by the entry permit have been
completed.
    (e) Transfer of supervisory responsibilities. If responsibility for
the entry operation is transferred to another entry supervisor, then
the new entry supervisor must:
    (1) Meet the requirements specified above in Sec.  1926.1210(e)(2)
(Entry supervisor requirements).
    (2) Review the entry permit and verify that entry conditions are
consistent with the planned conditions specified in the entry permit.
    (3) Sign the entry permit.
    (f) Attendant duties. Each attendant:
    (1) Continuously maintains an accurate count of authorized entrants
who are in the PRCS.
    (2) Has a means to accurately identify authorized entrants who are
in the PRCS (Sec.  1926.1214(a)(2)(ii)(A) specifies the means for doing
so).
    (3) Remains at a location outside the PRCS that allows the
attendant to fully perform the duties and responsibilities specified in
this section and does so until properly relieved by another attendant.
    (4) Monitors entry conditions to determine if they are consistent
with the entry permit.
    (5) Communicates with authorized entrants as necessary to monitor
entrant status and to alert entrants of the need to evacuate the PRCS
as specified below in paragraph (g)(2) of this section.
    (6) Monitors activities inside and outside the PRCS to determine if
the PRCS remains safe for authorized entrants and informs the rescue
service whenever a non-entry or entry rescue is required.
    (7) Informs the employer if a non-entry or entry rescue begins or
an authorized entrant may need medical aid or assistance in escaping
from the PRCS.
    (8) Performs non-entry rescue as required in paragraph (h)(1) of
this section and in accordance with Sec.  1926.1213(a) (Non-entry
rescue criteria).
    (9) Does not enter a PRCS for rescue purposes unless the employer:
provides the attendant with the appropriate training and equipment
specified below in Sec.  1926.1213(c) (Protecting and training rescue-
service employees), and ensures that another attendant properly
relieves the attendant prior to performing the entry rescue.
    (10) Performs no duties that could interfere with the primary duty
to monitor and protect the authorized entrants.
    (11) Warns any individual who is not an authorized entrant, and who
approaches a PRCS during entry operations, to stay away from the PRCS.
If the individual enters the PRCS, the attendant must tell the
individual to exit immediately, and inform the authorized entrants and
entry supervisor of the unauthorized entry.
    (12) Evacuation. Orders authorized entrants to exit the PRCS as
quickly as possible if required under either paragraph (f)(12)(i) or
(f)(12)(ii) of this section, as follows:
    (i) The attendant detects or learns of any of the following:
    (A) An unplanned condition.
    (B) Any sign, symptom, unusual behavior or other effect of a hazard
in an authorized entrant.
    (C) An evacuation alarm.
    (D) A situation outside the PRCS that could endanger the authorized
entrants.
    (ii) The attendant cannot effectively and safely perform all the
duties required by this section and cannot immediately be replaced.
    (g) Authorized entrant duties. During PRCS entry operations, each
authorized entrant:
    (1) Properly uses the retrieval equipment required below in
paragraphs (a)(2) through (a)(4) of Sec.  1926.1213 (requirements for
non-entry retrieval systems).
    (2) Communicates with the attendant as necessary so that the
attendant can monitor the authorized entrant's status and alert the
entrant of the need to evacuate the PRCS, as required above in
paragraph (f)(5) of this section (requirements for attendant-to-
authorized entrant communications).
    (3) Informs the attendant of any sign, symptom, unusual behavior or
other effect of a hazard.
    (4) Evacuation. Exits from the PRCS as quickly as possible if
either:
    (i) The entry supervisor or the attendant orders the authorized
entrant to evacuate the PRCS; or
    (ii) The authorized entrant detects or learns of any of the
following:
    (A) An unplanned condition (for example, a new hazard) in or near
the PRCS.
    (B) Any sign, symptom, unusual behavior or other effect of a
hazard.
    (C) An evacuation alarm.
    (h) Rescue. Non-entry rescue and entry rescue is provided as
follows:
    (1) Non-entry rescue.
    (i) Provide non-entry rescue capability during the period that
authorized entrants are in the PRCS that meets the requirements of
Sec.  1926.1213(a).

    (ii) Except where the conditions specified in paragraph (h)(1)(iii)
of this section are present, non-entry rescue must be initiated if
required under paragraphs (h)(1)(ii)(A) or (h)(1)(ii)(B) of this
section, as follows:
    (A) There is a need to evacuate pursuant to paragraphs (d)(3),
(f)(12), or (g)(4) of Sec.  1926.1211 and the employee is unable to
evacuate without assistance; or
    (B) There is a reasonable probability that an employee may need
immediate medical aid and is unable to exit the PRCS without
assistance.
    (iii) Non-entry rescue shall not be initiated if doing so would
present a greater hazard to the employee than sole reliance on entry
rescue (for example, where the configuration of the space would cause
the retrieval lines to not work or result in greater injury to the
employee than injury from waiting for entry rescue).
    (2) Entry rescue--when to summon. Ensure that an entry rescue
service has been summoned immediately if any of the following occurs:
    (i) A non-entry rescue is initiated.
    (ii) There is a need to evacuate pursuant to paragraphs (d)(3),
(f)(12), or (g)(4) of Sec.  1926.1211 and the employee is unable to
evacuate without assistance.
    (iii) There is a reasonable probability that an employee may need
immediate medical aid and is unable to exit the PRCS without
assistance.
    (iv) Non-entry rescue is prohibited under conditions specified in
Sec.  1926.1211(h)(1)(iii).

Sec.  1926.1212  PRCS--terminating entry.

    (a) The employer must implement procedures for safely terminating
PRCS entry operations under both planned conditions and in an
emergency.
    (b) Entry supervisor requirements. The employer must ensure that an
entry supervisor terminates entry and cancels the entry permit upon
expiration of the entry permit, completion of the entry operations
covered by the permit, any of the indications that require reassessment
under Sec.  1926.1207(b), or an evacuation required under Sec.
1926.1211(d)(3), whichever occurs first.

    Note to Sec.  1926.1212(b): After entry is terminated, no
employees can reenter the space until the employer: Identifies the
physical and atmospheric hazards in accordance with Sec.
1926.1204(b); follows the classification procedures specified by
Sec.  1926.1206 (Classification and precautions); and meets the
accident-prevention and -protection requirements applicable to the
space classification selected by the employer.

Sec.  1926.1213  PRCS--rescue criteria.

    (a) Non-entry rescue criteria. For non-entry rescue, the employer
must meet the following requirements:
    (1) Ensure that attendants and employees designated to perform non-
entry rescue acquire the knowledge and skills necessary for the safe
performance of non-entry rescue.
    (2) Use a retrieval system that:
    (i) Is available as soon as needed by the attendant or other rescue
service.
    (ii) Is designed and manufactured for personnel retrieval; however,
a job-made hoisting system is permissible if it is approved for
personnel hoisting by a registered professional engineer prior to use.
    (iii) The attendant or other rescue service can operate
effectively.
    (iv) Has a chest or full-body harness and a retrieval line. The
retrieval line must have:
    (A) One end attached in a manner that allows the attendant or other
rescue service to remove the entrant from the PRCS without causing
further injury.
    (B) The other end attached to a mechanical retrieval device or
fixed anchor point outside the PRCS in a manner that allows rescue to
begin as soon as the attendant or other rescue service detects or
learns of the need for rescue. Movable equipment (for example, earth-
moving equipment), that is sufficiently heavy to serve as an anchor
point, may be used for this purpose only if effectively locked out or
tagged out.
    (3) For retrievals involving vertical distances over 5 feet (1.52
m), a mechanical retrieval device must be provided and used. This
device must not be used for entry into the PRCS unless it is designed
for that purpose.
    (4) Equipment that is unsuitable for retrieval, including the
following equipment, must not be used:
    (i) Equipment that increases the overall risk of entry or impedes
rescue of an authorized entrant.
    (ii) Retrieval lines that have a reasonable probability of becoming
entangled with the retrieval lines used by other authorized entrants,
or will not work due to the internal configuration of the PRCS (see
Sec.  1926.1211(h)(1)(iii)).
    (iii) Wristlets or ankle straps used as attachment points for
retrieval lines, unless the employer can demonstrate that: Use of a
harness is infeasible or creates a greater hazard for safe rescue than
wristlets or ankle straps; and wristlets or ankle straps are the safest
alternative available.
    (5) Prior to beginning entry operations, ensure that the employees
designated to perform non-entry rescue (including attendants, if
applicable) have access to the PRCS the authorized entrant will enter
or to a Simulated PRCS, so it can develop appropriate rescue plans and
practice rescue operations.
    (b) Entry rescue: Preparing rescue-service employees. (1) The
employer must ensure that the entry rescue service can effectively
perform entry-rescue tasks in the PRCSs the authorized entrant(s) will
enter. Accordingly, the employer must ensure that the entry rescue
service:
    (i) Can respond to a rescue summons in a timely manner. Timeliness
depends on how quickly serious physical harm may result from the
physical or atmospheric hazards in the PRCS.
    (ii) Prior to beginning entry operations, has access to the PRCS
the authorized entrants will enter or to a Simulated PRCS so the entry
rescue service can develop appropriate rescue plans and practice rescue
operations.
    (2) Prior to the entry rescue service entering a PRCS for any
purpose, the employer must inform them of the physical and atmospheric
hazards they are likely to encounter when performing rescue operations
in the PRCS, and other relevant information actually known by the
employer.
    (c) Protecting and training entry rescue-service employees.
Employers of entry rescue-service employees must:
    (1) Provide them with the personal protective equipment (PPE) and
rescue equipment (including retrieval lines if necessary) required to
make safe rescues.
    (2) Train them in the proper use of the PPE and rescue equipment.
    (3) Train them to perform assigned rescue duties.
    (4) Train them in basic first aid and in cardiopulmonary
resuscitation (CPR).
    (5) Ensure that at least one member of the entry rescue service who
participates in the onsite rescue operations holds current
certification in first aid (including CPR).
    (6) Ensure that the entry rescue-service employees practice rescue
operations at least once prior to beginning entry operations and at
least once every 12 months thereafter. This practice must involve:
    (i) Removing dummies/mannequins or individuals from the PRCS the
authorized entrants will enter, or from a Simulated PRCS. In doing so,
comply with the requirements of this standard that apply to the
confined space used for this purpose.
    (ii) Using the same PPE, retrieval, and rescue equipment they would
use to perform retrieval or rescue operations in the PRCS.

    (d) Exemption from practice. An employer is exempt from the
requirement to practice rescue operations if the entry rescue-service
employees properly performed a rescue operation during the last 12
months in the same PRCS the authorized entrant will enter, or in a
similar PRCS.

Sec.  1926.1214  PRCS--entry permits.

    (a) Contents. Employers must ensure that the entry permits for
PRCSs include the following:
    (1) General information--(i) An identification of the PRCS to be
entered.
    (ii) The purpose (including the tasks/job) of entering the PRCS.
    (iii) The effective date and the authorized duration of the entry
permit. The duration of the permit is prohibited from exceeding the
time required to complete the tasks/job identified in paragraph
(a)(1)(ii) of this section.
    (2) Planned conditions for entry--(i) Hazard information.
    (A) Identify the physical and atmospheric hazards the PRCS is
subject to (that is, all physical and atmospheric hazards, regardless
of how they have been isolated or controlled, or how authorized
entrants are protected from them) consistent with the requirements of
Sec. Sec.  1926.1206 (Classifications and precautions) and 1926.1208(a)
(Permit-required confined space (PRCS) classification requirements).
    (B) State the methods used to isolate or control hazards, or used
to protect authorized entrants from hazards in the PRCS. This
information must be consistent with the requirements specified in
Sec. Sec.  1926.1208(a) (Permit-required confined space (PRCS)
classification requirements) and 1926.1210 (PRCS--preparing for entry),
and must include, as applicable, the methods used to isolate or control
the hazards, the type of personal protective equipment provided, the
methods used to monitor each hazard (including the use of early-warning
systems, if required by Sec.  1926.1215), and how frequently each
hazard is to be monitored.
    (C) State the atmospheric-testing and -monitoring results obtained
in Sec. Sec.  1926.1204(b) (requirements for determining confined-space
hazards), 1926.1211 (PRCS--during entry), and 1926.1215(a)(1)
(requirements for continuous atmospheric monitoring of CS-PRCSs).
Include the type and brand of the equipment used, the names and
signature/initials of the individuals who performed these functions, as
well as the date and time (or time period, for continuous monitoring)
they performed them.
    (D) List the conditions under which authorized entrants can work
safely in the PRCS, including hazard levels and methods of employee
protection, consistent with the requirements specified in Sec.
1926.1208(b) (Planned conditions). In addition, when applicable, the
determinations made in paragraph (b)(2) of Sec.  1926.1208.
    (ii) Personnel, equipment, and procedures.
    (A) Identify by name (or other effective identifier) each
authorized entrant who is currently in the PRCS. This requirement can
be met by referring in the entry permit to a system, such as a roster
or tracking system, used to keep track of who is currently in the PRCS.
    (B) List the names of the current attendants.
    (C) Clearly indicate the name of the current entry supervisor and
the entry supervisor who originally authorized entry into the PRCS. In
addition, include the signatures or initials of both of these
individuals.
    (D) Identify the methods used during entry operations to maintain
contact between authorized entrants and attendants.
    (E) Identify the rescue service that will rescue workers during
emergencies, and the methods for summoning this service, including the
communication equipment to use and the telephone numbers to call.
    (F) Identify the equipment needed (see Sec. Sec.  1926.1210(j)
(Equipment) and 1926.1218 (Equipment), and, for CS-PRCSs, Sec.
1926.1215(b)).
    (3) Other information--(i) Identify additional permits issued to
perform authorized work in the PRCS (for example, hot-work permits).
    (ii) Provide any other information necessary to ensure employee
safety in or near the PRCS, including notations of any problems
encountered.

    Note to Sec.  1926.1214(a): Appendix B to this subpart provides
an example of an entry permit.

    (b) Annual PRCS review. The employer must review, at least
annually, PRCS entries made during the previous 12 months to determine
if there are deficiencies in the employer's entry operation procedures.
For this review, the employer must use:
    (1) Canceled entry permits retained as required by Sec.
1926.1219(b) (Retaining entry permits).
    (2) Any other information retained regarding entry operations.
    (c) Retaining entry permits. Entry permits must be kept in
accordance with the requirements of Sec.  1926.1219(b).
    (d) Canceling entry permits. Entry permits must be cancelled in
accordance with Sec.  1926.1211(d)(4).

Sec.  1926.1215  Continuous System--PRCS.

    (a) For a Continuous System-PRCS (CS-PRCS), the employer must
complete all requirements in Sec. Sec.  1926.1208 through 1926.1214, as
well as:
    (1) Monitor continuously for atmospheric hazards; employers may use
periodic monitoring for monitoring an atmospheric hazard if they can
demonstrate that equipment for continuously monitoring that hazard is
not commercially available.
    (2) Monitor continuously for non-isolated engulfment hazards using
an early-warning system. The system must alert authorized entrants and
attendants in sufficient time for the authorized entrants to safely
exit the CS-PRCS.
    (b) Equipment. In addition to the equipment required in Sec. Sec.
1926.1210(j) and 1926.1218, the employer shall also provide:
    (1) Equipment necessary for monitoring of atmospheric hazards.
    (2) An early-warning system for continuous monitoring of non-
isolated engulfment hazards. The system must alert authorized entrants
and attendants in sufficient time for the authorized entrants to safely
exit the CS-PRCS.

Sec.  1926.1216  Controlled-atmosphere confined spaces--requirements
for classification and accident prevention and protection.

    (a) The requirements for classifying a Controlled-Atmosphere
Confined Space (CACS) are:
    (1) For each physical hazard that was identified using the
procedures specified in Sec.  1926.1204(b), determine and implement an
isolation method.
    (2) Ventilation.
    (i) Test the atmosphere while using ventilation equipment to verify
that ventilation alone is sufficient to control these atmospheric
hazards at safe levels. Ventilation must consist of continuous forced-
air mechanical systems that meet the requirements of 29 CFR 1926.57
(Ventilation).
    (ii) Determine 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 CACS.

    Note to Sec.  1926.1216(a)(2)(ii): The following paragraph
requires documentation of this determination.

    (3) Document that all physical hazards have been isolated and that
ventilation alone is sufficient to control the atmospheric hazards. The
documentation must contain: The location of the CACS, identity of the
physical hazards, methods for isolating the physical hazards, date and
time the

physical hazards were isolated and name and signature/initials of the
individual who completed the isolation work, the identity and safe
levels of the atmospheric hazards, methods for controlling the
atmospheric hazards, atmospheric-testing results, date and time of
atmospheric testing and the name and signature/initials of the
individual who completed the atmospheric testing, the determinations
made under paragraph (a)(2)(ii) of this section, name and signature/
initials of the person who completed this document, and the date and
time the document was completed. The documentation shall be made
available by posting or other methods to each employee entering the
space and to that employee's authorized representative.

    Note to Sec.  1926.1216(a)(3): Appendix B to this subpart
provides an example of a verification document.

    (b) Accident-prevention and protection requirements. The employer
must:
    (1) Notification and posting danger signs.
    (i) Notify the employees that the employer anticipates will be in
or near the CACS and their authorized representatives about the
location of, and the dangers posed by, all CACSs located at the job
site.
    (ii) Post danger signs to notify employees about a CACS. Posting
signs near the outside entrances to the CACS that read, ``Danger--
Controlled-Atmosphere Confined Space--Authorized Employees Only,'' or
similar language, will meet this requirement. If the employer
demonstrates that a sign is infeasible, then it must use an equally
effective means of warning employees.
    (2) Training. (i) Ensure that each of its employees who enter a
CACS acquires the knowledge and skills necessary for the safe
performance of CACS entry operations. This training must result in an
understanding of the hazards in the CACS that the employee will enter,
the methods used to isolate or control these hazards, and recognition
of signs, symptoms, and characteristic effect (such as behavioral
effects) of exposure to these hazards.
    (ii) Hazards of rescue. Train the employees that the employer
anticipates will be in or near the CACS and not authorized to perform
entry rescues about the dangers of such rescues.
    (iii) When to train under paragraphs (b)(2)(i) and (b)(2)(ii) of
this section:
    (A) Prior to the employee's initial entry.
    (B) If an employee the employer anticipates will be in or near a
CACS receives a change in assigned tasks and additional training is
necessitated by the change in tasks, any additional training that
relates to maintaining the conditions necessary to comply with the
requirements of the CACS classification must be completed before the
employee enters the CACS to perform these newly assigned tasks.
    (C) If a new hazard is introduced or occurs in the CACS for which
the employee received no previous training, the employee must exit the
space and complete the training before resuming work in the space.
    (iv) Ensure that the employee can demonstrate proficiency in the
duties required by this standard, including new and revised procedures.
    (v) Training records. Maintain training records for each employee.
The training records must:
    (A) Show that the employee accomplished the training requirements
specified in paragraph (b)(2) of this section before entering a CACS.
    (B) Contain the employee's name, names of the trainers, and dates
of the training.
    (c) General preparations for entry. Before any employee enters a
CACS, the employer must:
    (1) Prior to removing an entrance cover, eliminate any condition
(for example, high pressure in the space) that makes it unsafe to
remove the entrance cover.
    (2) Outside the space, when necessary to protect employees working
in and around the space, promptly: Use guardrails or covers as
specified in 29 CFR 1926.502 (Fall protection systems criteria and
practices) of subpart M (Fall Protection) to guard holes and openings
into the space from falling individuals and objects and institute
measures to control pedestrian and vehicle traffic in accordance with
the requirements in 29 CFR Part 1926 subpart G (Signs, Signals, and
Barricades).
    (3) Ensure that a safe method of entering and exiting a CACS (such
as stairways or ladders) is provided and used, and that it meets
applicable OSHA requirements. 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 prior to use.
    (d) Before entry. Immediately before any employee enters a CACS,
the employer must:
    (1) Ensure that the physical hazards identified in Sec.
1926.1204(b) remain isolated.
    (2) Test for atmospheric hazards as specified in Sec.  1926.1205(a)
to ensure that the ventilation is controlling the atmospheric hazards
at safe levels.
    (3) Control the atmospheric hazards at safe levels using
ventilation alone. Ventilation must consist of continuous forced-air
mechanical systems that meet the requirements of 29 CFR 1926.57
(Ventilation).
    (4) Document that the physical hazards are isolated and the
atmospheric hazards are being controlled. The documentation must
contain: The location of the CACS, identity of the physical hazards,
methods for isolating the physical hazards, date and time of
determining that physical hazards remain isolated and the name and
signature/initials of the individual who made this determination,
identity and safe level of atmospheric hazards, methods for controlling
the atmospheric hazards, atmospheric-testing results, date and time of
atmospheric testing and the name and signature/initials of the
individual who completed the atmospheric testing, name and signature/
initials of the individual who completed this document, and the date
and time the document was completed. The documentation shall be made
available by posting or other methods to each employee entering the
space and to that employee's authorized representative.
    (e) During entry. While any employee is in a CACS, the employer
must:
    (1) Ensure that the physical hazards identified above in Sec.
1926.1204(b) remain isolated.
    (2) Ensure that ventilation alone is controlling atmospheric
hazards at safe levels by monitoring for atmospheric hazards as
specified above in Sec.  1926.1205(a) (requirements for atmospheric
testing and monitoring). Monitoring must be continuous unless the
employer can demonstrate that the equipment for continuously monitoring
a hazard is not commercially available or periodic monitoring is
sufficient. Where periodic monitoring is used, it must be of sufficient
frequency to ensure that atmospheric hazards are being controlled at
safe levels.
    (3) Document the determinations made above in paragraphs (e)(1) and
(e)(2) of this section by completing a written verification that
contains: The location of the CACS, identity of the physical hazards,
methods for isolating the physical hazards, date and time of
determining that physical hazards remain isolated and the name and
signature/initials of the individual who made this determination,
identity and safe level of atmospheric hazards, methods for controlling
the atmospheric hazards, atmospheric-monitoring

results, date and time of atmospheric monitoring and the name and
signature/initials of the individual who completed the atmospheric
monitoring, name and signature/initials of the individual who completed
this document, and the date and time the document was completed. The
documentation shall be made available by posting or other methods to
each employee entering the space and to that employee's authorized
representative.
    (f) Emergencies. In the event an emergency occurs during entry
operations, including the presence of a non-isolated physical hazard or
atmospheric hazard at unsafe levels, then the employer must:
    (1) Ensure that the employees exit the CACS immediately.
    (2) Identify the physical and atmospheric hazards in accordance
with Sec.  1926.1204(b).
    (3) Using the information obtained in the preceding provision,
follow the classification procedures specified by Sec.  1926.1206
(Classification and precautions), and meet the accident-prevention and
-protection requirements applicable to the space classification
selected by the employer before any employee reenters the space.

Sec.  1926.1217  Isolated hazard confined spaces--requirements for
classification and accident prevention and protection.

    (a) The requirements for classifying a confined space as an
Isolated-Hazard Confined Space (IHCS) are:
    (1) For each physical hazard that was identified using the
procedures in Sec.  1926.1204(b), determine and implement an isolation
method.
    (2) For each atmospheric hazard that was identified using the
procedures in Sec.  1926.1205(a), determine and implement an isolation
method.
    (3) The employer must accomplish the isolation of the hazards in
paragraphs (a)(1) and (a)(2) of this section without entering the IHCS,
unless it can demonstrate that this is infeasible. If it is infeasible
to do this work without entering the IHCS, then the employer must
follow the requirements for a PRCS (Sec. Sec.  1926.1208 through
1926.1214) and, if applicable, for a CS-PRCS (Sec.  1926.1215) to
protect employees entering the space to do this work.
    (4) Document that isolation of all hazards has been accomplished.
The documentation must contain: The location of the IHCS, identity of
the physical hazards, methods for isolating the physical hazards, date
and time the physical hazards were isolated and name and signature/
initials of the individual who completed the isolation work, the
identity of atmospheric hazards, methods for isolating the atmospheric
hazards, the date and time the atmospheric hazards were isolated and
the name and signature/initials of the individual who completed the
isolation work, name and signature/initials of the individual who
completed this document, and the date and time the document was
completed. The documentation shall be made available by posting or
other methods to each employee entering the space and to that
employee's authorized representative.
    (b) Training. Before any employee enters an IHCS, the employer
must:
    (1) Ensure that the employee acquires the knowledge and skills
necessary to recognize signs, symptoms, and characteristic effects
(such as behavioral effects) of exposure to these hazards. This
training must also result in an understanding of the methods used to
isolate these hazards.
    (2) Hazards of rescue. Train employees the employer anticipates
will be in or near the IHCS and not authorized to perform entry rescues
about the dangers of attempting such rescues.

    Note to Sec.  1926.1217(b): No documentation is required for
this training.

    (c) General preparations for entry. Before any employee enters an
IHCS, the employer must:
    (1) Prior to removing an entrance cover, eliminate any condition
(for example, high pressure in the space) that makes it unsafe to
remove the entrance cover.
    (2) Outside the space, when necessary to protect employees working
in and around the space, promptly: Use guardrails or covers as
specified in 29 CFR 1926.502 (Fall protection systems criteria and
practices) of subpart M (Fall Protection) to guard holes and openings
into the space from falling individuals and objects and institute
measures to control pedestrian and vehicle traffic in accordance with
the requirements in 29 CFR part 1926 subpart G (Signs, Signals, and
Barricades).
    (3) Ensure that a safe method of entering and exiting an IHCS (such
as stairways or ladders) is provided and used, and that it meets
applicable OSHA requirements. 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 prior to use.
    (d) Before entry. Before any employee enters an IHCS, the following
must be met:
    (1) Ensure that the physical hazards identified above in Sec.
1926.1217(a)(1) (requirements for isolating physical hazards) are
isolated.
    (2) Ensure through testing that the atmospheric hazards identified
above in paragraph (a)(2) of this section are isolated.
    (3) Document the determinations made and the actions taken above in
paragraphs (d)(1) and (d)(2) of this section by completing a written
verification that contains: The location of the IHCS, identity of the
physical hazards, methods for isolating the physical hazards, date and
time the physical hazards were isolated, date and time of determining
that physical hazards remain isolated and the name and signature/
initials of the individual who made this determination, identity of the
atmospheric hazards, methods for isolating the atmospheric hazards,
date and time the atmospheric hazards were isolated, date and time of
determining that atmospheric hazards remain isolated and the name and
signature/initials of the individual who made this determination, name
and signature/initials of the individual who completed this document,
and date and time the document was completed. The documentation shall
be made available by posting or other methods to employees entering the
space and to the employees' authorized representative.
    (e) During entry--(1) Hazard isolation. Once any employee enters an
IHCS, the employer must ensure that the physical and atmospheric
hazards identified above in Sec.  1926.1217(a) (requirements for
classifying IHCSs) remain isolated.
    (2) Emergencies. In the event an emergency occurs during entry
operations, including the presence of a non-isolated physical or
atmospheric hazard, then the employer must:
    (i) Ensure that the employees exit the IHCS immediately.
    (ii) Identify the physical and atmospheric hazards in accordance
with Sec.  1926.1204(b).
    (iii) Using the information obtained in the preceding provision,
follow the classification procedures specified by Sec.  1926.1206
(Classification and precautions), and meet the accident-prevention and
-protection requirements applicable to the space classification
selected by the employer before any employee reenters the space.

Sec.  1926.1218  Equipment.

    (a) The employer must provide and ensure the use of the following
equipment:
    (1) Atmospheric-testing and -monitoring equipment needed to comply
with this standard.

    (2) Forced-air mechanical ventilation equipment where needed to
meet the requirements of this standard.
    (3) Personal protective equipment, including respirators, if needed
to comply with this standard. If employees use respirators, then the
respirator requirements in 29 CFR 1926.103 (Respiratory protection)
must be met.
    (4) Any other equipment necessary for safe confined space
operations.

    Note to Sec.  1926.1218(a): There are additional equipment
requirements for PRCSs (Sec.  1926.1210(j)) and for C-PRCSs (Sec.
1926.1215(b)).

    (b) Equipment maintenance, calibration, and use. The employer shall
ensure that all equipment needed to comply with this standard is
maintained, calibrated, and used as specified by:
    (1) Applicable OSHA requirements.
    (2) In the absence of applicable OSHA requirements, in accordance
with:
    (i) The manufacturer's instructions; or
    (ii) If manufacturers' instructions are not available, the
recommendations of a qualified individual as defined by 29 CFR
1926.32(m).

Sec.  1926.1219  Records.

    (a) Copy of this standard. For sites where there is a confined
space, the employer must maintain a copy of this standard at the site.
Alternatively, the employer may maintain a copy of a written confined
space program at the site that incorporates the requirements of this
standard.
    (b) Retaining entry permits. The employer must retain entry permits
for at least one year from the date the permit is cancelled.

    Note to Sec.  1926.1219(b): With regard to retention and access
to employee exposure records, the employer must comply with the
requirements of 29 CFR 1910.1020 (Access to employee exposure and
medical records), which are made applicable to construction by 29
CFR 1926.33.

    (c) The employer must maintain training records, as specified in
Sec. Sec.  1926.1209(d)(5) (PRCSs) and 1926.1216(b)(2)(v) (CACSs), for
the period of time the employee is employed by them.
    (d) The employer must maintain verification documents required in
Sec. Sec.  1926.1216(a)(3), (d)(4), and (e)(3) (CACSs) and
1926.1217(a)(4) and (c)(3) (IHCSs) until the work in the confined space
is completed.

    Note to Sec.  1926.1219(d): With regard to retention and access
to employee exposure records, the employer must comply with the
requirements of 29 CFR 1910.1020 (Access to employee exposure and
medical records), which are made applicable to construction by 29
CFR 1926.33.

    (e) The employer must make the documents required to be retained in
this standard available on request to the Secretary of Labor or the
Secretary's designee.

Appendix A to Subpart AA of Part 1926--List of Confined-Space
Requirements in Other Construction Standards That Supplement the
Requirements of Subpart AA (Mandatory)

    The construction standards listed below have confined-space
requirements for the performance of specific activities and
equipment. Employers must comply with these provisions, as well as
this subpart.

Subpart D--Occupational Health and Environmental Controls

    Process safety management requirements: Sec. Sec.  1926.64(f)(4)
and (j) HAZWOPER requirements: Sec. Sec.  1926.65(b)(4)(ii)(I), (c)
through (p), and (j)(9).

Subpart J--Welding and Cutting

    Sec. Sec.  1926.353(a), (b), (c), (d), and (e).

Subpart V--Power Distribution and Transmission

    Sec. Sec.  1926.956(a) and (b).

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