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• Standard Number: 1910.146

October 15, 1993

Mr. James H. Johnson
New Dimensions in Training
1293-B North 18th Street
Springfield, Oregon 97477

Dear Mr. Johnson:

Thank you for your letter of April 27, in which you requested a written interpretation as to who is required to wear the body harnesses and retrieval lines referenced in paragraph 29 CFR 1910.146(k)(3).

Paragraph 29 CFR 1910.146(k)(3) focuses on non-entry rescue of authorized entrants. To facilitate non-entry rescue, a retrieval system must be in place. The paragraph specifically requires except as explained below, that "retrieval systems or methods shall be used whenever an authorized entrant enters a permit space". Thus OSHA will expect all authorized entrants to wear retrieval devices until it is determined by the employer that a retrieval system presents a greater hazard to the entrant for the space to be entered.

There may be circumstances where using the retrieval equipment may pose a greater risk to the entrants than not using it, or the equipment would not contribute to rescue. In those situations, where a greater hazard exists, the employer may opt not to employ non-entry rescue procedures. Your attention is directed to the preamble of 29 CFR 1910.146 (pg. 4530-4531) where there is discussion on how the agency will evaluate an employer's determination whether or not a retrieval system would contribute to a rescue without increasing the overall risk of entry.

The State of Oregon will be provided a copy of this letter through our Directorate of Federal-State Operations.

If you have any further questions concerning this interpretation please contact [the Office of General Industry Compliance Assistance at (202) 693-1850].

Sincerely,

Roger A. Clark, Director
Directorate of Compliance Programs

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