DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

RIN 1218-AA51

(Docket No. S-019)

Permit-Required Confined Spaces; Correction

AGENCY: Occupational Safety and Health Administration (OSHA) U.S. Department of Labor.

ACTION; Final rule; corrections.

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SUMMARY: This document makes corrections to the final rule on Permit-Required Confined Spaces, which was published in the Federal Register on January 14, 1993 at 58 FR 4462.

EFFECTIVE DATE: June 29, 1993.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, Occupational Safety and Health Administration, Office of Information and Public Affairs, room N-3647, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, DC 20210, Telephone: (202) 219-8151.

SUPPLEMENTARY INFORMATION: This document contains corrections to the final standard for Permit-Required Confined Spaces, which was published on January 14, 1993 (58 FR 4462). As published, the standard and appendices contain typographical errors as well as language that does not clearly express OSHA's intent. As explained below, this document is necessary to correct the identified errors and to indicate clearly what the Agency intended when it promulgated 29 CFR 1910.146.

Amendments to 29 CFR 1910.146

The term "Permit-required confined space program (permit space program)" is defined in 29 CFR 1910.146(b). However, that term is not used consistently elsewhere in the standard. In order to prevent confusion, OSHA is amending the standard so that the defined term appears where appropriate.

Paragraph (c)(5) of the final standard provides for alternative entry procedures to be used by employers under certain specified conditions. Employers meeting the conditions specified in paragraph (c)(5)(i) need not comply with paragraphs (d) through (f) and (h) through (k) of the standard. Paragraph (c)(5)(ii)(H) of the final rule requires that any employer who chooses to make an entry under the provisions of paragraph (c)(5) verify, through a written certification, that the measures required under (c)(5)(ii) have been taken. The certification is required to be made prior to entry. It is clear, however, that some measures (such as periodic monitoring) required under paragraph (c)(5)(ii) cannot be performed before entry takes place and that one cannot provide a pre-entry certification of a post-entry certification of a post-entry event that has not yet occurred. OSHA is correcting this inconsistency by making it clear that the certification requirement applies only to "pre-entry" measures taken under paragraph (c)(5)(ii).

OSHA recognizes that, while many employers already have fully operative permit space programs that comply with 29 CFR 1910.146, some employers have had little or no experience with such programs. The Agency has included non-mandatory appendices in the final rule for the benefit of those employers who want guidance in developing permit space programs. The appendices simply provide examples of procedures and permit forms that comply with the standard.

Some equipment manufacturers, however, have notified OSHA that certain sections of the appendices need to be amended because they either are unclear or express an inappropriate preference for specific types of equipment and procedures. The Agency has reviewed the manufacturers' concerns and has determined that some provisions of the appendices need to be amended so that they provide clear and appropriate guidance. In addition, OSHA has concluded, based on its own review of the appendices, that some other provisions in the appendices need to be corrected. The changes to the appendices are addressed below.

Amendment to Appendix A

Paragraph (c)(1) of the standard requires that employers evaluate their workplaces to determine if any spaces are permit-required confined spaces. The informational note which follows paragraph (c)(1) of the final standard OSHA states that proper application of the decision flowchart in appendix A of the standard would facilitate compliance with paragraph (c)(1). Several individuals have pointed out to OSHA that appendix A lacks a decision box dealing with the determination of the presence of confined spaces (preliminary to any determination of whether or not such a confined space was a permit-required confined space). These individuals have recommended that OSHA change appendix A to indicate that such a determination is a necessary part of the evaluation process. OSHA agrees that this correction would be helpful and is adding a decision box at the beginning of appendix A which asks whether or not the workplace contains any confined spaces.

Amendments to Appendix B

OSHA is adding certified marine chemists to the example listing of technically qualified professionals in appendix B, paragraph (1). Certified marine chemists are well qualified to evaluate and interpret confined space hazard data and to develop or review entry procedures. They are an important resource available to employers in all industries.

OSHA is adding paragraph (5) at the end of appendix B to address the order of testing for atmospheric hazards. Even though the order for testing is specifically covered in paragraph (d)(5)(iii) of the standard, OSHA believes it is possible that employers may incorrectly infer from the existing appendix B, which does not address the order of testing, that there is no specified order of testing. The added paragraph briefly explains the correct order of testing and explains why the prescribed order is necessary.

Amendments to Appendix C

OSHA is making several minor changes in Example 1 in appendix C. The phrase "measured as an 8-hour time-weighted average" is being added following "[e]qual to or more than 10 ppm hydrogen sulfide", so that employers will understand precisely what is being measured. The reference to a non permit-required confined space is being removed, since the discussion actually centers on a permit space entry made using the alternative procedures in paragraph (c)(5). OSHA believes that the reference to a non permit-required confined space can only cause confusion, is out of place and should be removed.

Lastly, the reference to an alarm only gas monitor is being corrected. Although the standard contains no requirement that such a meter be used, OSHA feels that an employer could misunderstand the reference and mistakenly believe that an alarm only gas meter is necessary. The agency expects employers to select the monitoring equipment which fits the circumstances of the particular workplace where entry operations are to be conducted. The alarm only gas monitor was mentioned simply as an example for the monitoring equipment which is available. Therefore, OSHA has added language which clarifies this provision.

Amendments to Appendix D

OSHA is deleting appendix D-1A. It contains material not required by the standard's regulatory text and is called a "pre- entry check list". It has been the source of considerable confusion among numerous interested persons. OSHA believes that appendix D-1B, by itself, adequately serves as a sample permit and that appendix D-1A is best removed.

OSHA is redesignating appendix D-1B as appendix D-1. Also, all references to the term "check list" are being removed from this appendix, since this term is not used in the regulatory text and may be confusing. OSHA is also adding provisions dealing with communication procedures and periodic testing to appendix D-1. These provisions are required by paragraph (f) of the final rule but were inadvertently omitted from the sample permit in appendix D-1.

OSHA is making several minor changes to appendix D-2. Provisions pertaining to communication procedures, rescue procedures and a space for the name(s) of the entrant(s) have been added, since these items are required by paragraph (f) of the final rule but were inadvertently omitted from the sample permit in appendix D-2.

Amendments to Appendix E

OSHA is removing all references to broad range sensor instruments in appendix E. Employers are given the discretion to select the atmospheric testing equipment that best fits a specific permit space operation, so it is inappropriate for Appendix E to suggest that a particular type of sensor instrument should be used for sewer entry. In keeping with this performance-oriented approach, OSHA has added language to the appendix stating that atmospheric monitoring equipment needs to be calibrated in accordance with the manufacturer's specifications.

Authority: This document was prepared under the direction of David C. Zeigler, Acting Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.

Accordingly, the publication on January 14, 1993 of 1910.146 and appendices thereto, which was the subject of FR Doc. 93-538, is hereby corrected as set forth below.

Signed at Washington, DC, this 23rd day of June, 1993.

David C. Zeigler,
Acting Assistant Secretary of Labor

1910.146 [Corrected]

1. On page 4551, in the first column, in 1910.146, the word "entry" is removed from the fourth line of paragraph (c)(4).

1910.146 [Corrected]

2. One page 4551, in the third column, in 1910.146, the word "pre-entry" is added between the words "the" and "measures" in lines two and three of paragraph (c)(5)(ii)(H).

1910.146 [Corrected]

3. One page 4552, in the first column, in 1910.146, the phrase "an permit space program" in line four and five of paragraph (c)(8)(i) is corrected to read "a permit space program."

1910.146 [Corrected]

4. One page 4552, in the second column, in 1910.146, the heading and introductory text to paragraph (d) are corrected to read as follows:

(d) Permit-required confined space program (permit space program). Under the permit space program required by paragraph (c)(4) of this section, the employer shall:

* * * * * * * * * * *

1910.146 [Corrected]

5. One page 4553, in the first column, in 1910.146, the phrase "permit-required confined space program" in lines two and three of the note to paragraph (d)(13) is corrected to read "permit space program."

1910.146 [Corrected]

6. One page 4553, in the first column, in 1910.146, the phrase "permit-required confined space program" in lines one and two of paragraph (d)(14) is corrected to read "permit space program."

1910.146 [Corrected]

7. One page 4553, in the first column, in 1910.146, the phrase "permit entry programs" in the second line in the undesignated paragraph following the informational note in paragraph (d)(14) is corrected to read "permit space programs."

Appendices to 1910.146 [Corrected]

8. Appendix A on page 4556 is corrected by adding a decision box at the beginning of the appendix dealing with the determination of whether or not a workplace contains any confined spaces. The corrected appendix A now reads as follows:

BILLING CODE 4510-26-P

Appendix A

Permit-required Confined Space Decision Flow Chart

FOR APPENDIX A SEE PRINTED COPY OF 1910.146

9. On page 4557, in the first column, the word "evqaluation" in the second line of appendix B is corrected to read "evaluation."

10. On page 4557, in the first column, the phrase "certified marine chemist" is added between the words "professional" and "etc." in line fifteen of the evaluation testing paragraph of appendix B.

11. On page 4557, in the first column, appendix B is corrected by adding a new paragraph (5) which reads as follows:

(5) Order of testing. A test for oxygen is performed first because most combustible gas meters are oxygen dependent and will not provide reliable reading in an oxygen deficient atmosphere. Combustible gases are tested for next because the threat of fire or explosion is both more immediate and more life threatening, in most cases, than exposure to toxic gases and vapors. If tests for toxic gases and vapors are necessary, they are performed last.

12. On page 4557, in the first column, the first sentence of the Presence of toxic gases paragraph in Example 1 of appendix C is corrected to read as follows: "Equal to or more than 10 ppm hydrogen sulfide measured as an 8-hour time-weighted average."

13. On page 4557, in the first column, the first sentence under A. Entry without Permit/Attendant in Example 1 of appendix C is corrected to read as follows: "Confined spaces may be entered without the need for a written permit or attendant provided that the space can be maintained in a safe condition for entry be mechanical ventilation alone as provided in 1910.146(c)(5)."

14. On page 4557, in the second column, the sentence "An alarm only type gas monitor may be used." in the fourth and fifth lines of the Testing paragraph, Example 1 of appendix C is corrected to read as follows: "Detector tubes, alarm only gas monitors and explosion meters are examples of monitoring equipment that may be used to test permit space atmospheres."

15. On page 4560 appendix D-1A is removed.

16. On page 4561 appendix D-1B is redesignated as appendix D-1 and is corrected to read as follows:

                        Appendix D-1

                 Confined Space Entry Permit

Date and Time Issued: _______________ Date and Time Expires: _____________
Job site/Space I.D.: ________________ Job Supervisor _____________________
Equipment to be worked on: __________ Work to be performed: ______________

Stand-by personnel __________________ ________________ ______________

1. Atmospheric Checks:   Time      ________
                         Oxygen    ________%
                         Explosive ________% L.F.L.
                         Toxic     ________PPM
2. Tester's signature _____________________________
3. Source isolation (No Entry):  N/A   Yes   No
     Pumps or lines blinded,     ( )   ( )   ( )
     disconnected, or blocked    ( )   ( )   ( )
4. Ventilation Modification:     N/A   Yes   No
     Mechanical                  ( )   ( )   ( )
     Natural Ventilation only    ( )   ( )   ( )
5. Atmospheric check after
   isolation and Ventilation:
     Oxygen __________%           >    19.5   %
     Explosive _______% L.F.L     <     10     %
     Toxic ___________PPM         <     10     PPM H(2)S
     Time ____________
     Testers signature _____________________________
6.  Communication procedures: _________________________________________
_______________________________________________________________________
7.  Rescue procedures: ________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
8. Entry, standby, and back up persons:      Yes       No
   Successfully completed required
     training?
   Is it current?                            ( )       ( )
9. Equipment:                           N/A       Yes       No
   Direct reading gas monitor -
     tested                             ( )       ( )       ( )
   Safety harnesses and lifelines
     for entry and standby persons      ( )       ( )       ( )
   Hoisting equipment                   ( )       ( )       ( )
   Powered communications               ( )       ( )       ( )
   SCBA's for entry and standby
     persons                            ( )       ( )       ( )
   Protective Clothing                  ( )       ( )       ( )
   All electric equipment listed
     Class I, Division I, Group D
     and Non-sparking tools             ( )       ( )       ( )

10.  Periodic atmospheric tests:
      Oxygen    ____%  Time ____  Oxygen    ____%  Time ____
      Oxygen    ____%  Time ____  Oxygen    ____%  Time ____
      Explosive ____%  Time ____  Explosive ____%  Time ____
      Explosive ____%  Time ____  Explosive ____%  Time ____
      Toxic     ____%  Time ____  Toxic     ____%  Time ____
      Toxic     ____%  Time ____  Toxic     ____%  Time ____


We have reviewed the work authorized by this permit and the information
contained here-in. Written instructions and safety procedures have been
received and are understood. Entry cannot be approved if any squares are
marked in the "No" column. This permit is not valid unless all appropriate
items are completed.
Permit Prepared By: (Supervisor)________________________
Approved By: (Unit Supervisor)_________________________________________
Reviewed By (Cs Operations Personnel) :
________________________________________   ____________________________
       (printed name)                             (signature)
This permit to be kept at job site. Return job site copy to Safety Office
following job completion.
Copies:   White Original (Safety Office)
          Yellow (Unit Supervisor)
          Hard(Job site)

17. On page 4562 appendix D-2 is corrected to read as follows:

                        Appendix D-2

                        Entry Permit


PERMIT VALID FOR 8 HOURS ONLY.  ALL COPIES OF PERMIT WILL REMAIN AT JOB
SITE UNTIL JOB IS COMPLETED
DATE: - -  SITE LOCATION and DESCRIPTION ________________________________
PURPOSE OF ENTRY ________________________________________________________
SUPERVISOR(S) in charge of crews   Type of Crew Phone #
_________________________________________________________________________
_________________________________________________________________________
COMMUNICATION PROCEDURES ________________________________________________
RESCUE PROCEDURES (PHONE NUMBERS AT BOTTOM) _____________________________
_________________________________________________________________________
* BOLD DENOTES MINIMUM REQUIREMENTS TO BE COMPLETED AND REVIEWED PRIOR TO
ENTRY*

REQUIREMENTS COMPLETED                            DATE           TIME
Lock Out/De-energize/Try-out                      ____           ____
Line(s) Broken-Capped-Blanked                     ____           ____
Purge-Flush and Vent                              ____           ____
Ventilation                                       ____           ____
Secure Area (Post and Flag)                       ____           ____
Breathing Apparatus                               ____           ____
Resuscitator - Inhalator                          ____           ____
Standby Safety Personnel                          ____           ____
Full Body Harness w/"D" ring                      ____           ____
Emergency Escape Retrieval Equip                  ____           ____
Lifelines                                         ____           ____
Fire Extinguishers                                ____           ____
Lighting (Explosive Proof)                        ____           ____
Protective Clothing                               ____           ____
Respirator(s) (Air Purifying)                     ____           ____
Burning and Welding Permit                        ____           ____
Note:  Items that do not apply enter N/A in the blank.

           **RECORD CONTINUOUS MONITORING RESULTS EVERY 2 HOURS
CONTINUOUS MONITORING**  Permissible    _______________________________
TEST(S) TO BE TAKEN      Entry Level
PERCENT OF OXYGEN        19.5% to 23.5% ___ ___ ___ ___ ___ ___ ___ ___
LOWER FLAMMABLE LIMIT    Under 10%      ___ ___ ___ ___ ___ ___ ___ ___
CARBON MONOXIDE          +35 PPM        ___ ___ ___ ___ ___ ___ ___ ___
Aromatic Hydrocarbon     + 1 PPM * 5PPM ___ ___ ___ ___ ___ ___ ___ ___
Hydrogen Cyanide         (Skin)  * 4PPM ___ ___ ___ ___ ___ ___ ___ ___
Hydrogen Sulfide         +10 PPM *15PPM ___ ___ ___ ___ ___ ___ ___ ___
Sulfur Dioxide           + 2 PPM * 5PPM ___ ___ ___ ___ ___ ___ ___ ___
Ammonia                          *35PPM ___ ___ ___ ___ ___ ___ ___ ___
* Short-term exposure limit:Employee can work in the area up to 15 minutes.
+ 8 hr. Time Weighted Avg.:Employee can work in area 8 hrs (longer with
appropriate respiratory protection).
REMARKS:________________________________________________________________
GAS TESTER NAME       INSTRUMENT(S)        MODEL          SERIAL &/OR
   & CHECK #              USED           &/OR TYPE          UNIT #
________________     _______________    ___________      _______________
________________     _______________    ___________      _______________

       SAFETY STANDBY PERSON IS REQUIRED FOR ALL CONFINED SPACE WORK
SAFETY STANDBY   CHECK #   CONFINED              CONFINED
  PERSON(S)                  SPACE     CHECK #     SPACE      CHECK #
                           ENTRANT(S)            ENTRANT(S)
______________   ______    __________  _______   __________   ______
______________   ______    __________  _______   __________   ______

SUPERVISOR AUTHORIZING - ALL CONDITIONS SATISFIED_______________________

                         DEPARTMENT/PHONE ______________________________

AMBULANCE 2800  FIRE 2900    Safety    4901  Gas Coordinator 4529/5387

18. On page 4563, in the first and second columns, the Atmospheric monitoring paragraph of appendix E is corrected to read as follows: "Entrants should be trained in the use of, and be equipped with, atmospheric monitoring equipment which sounds an audible alarm, in addition to its visual readout, whenever one of the following conditions is encountered: Oxygen concentration less than 19.5 percent; flammable gas or vapor at 10 percent or more of the lower flammable limit (LFL); or hydrogen sulfide or carbon monoxide at or above 10 ppm or 35 ppm, respectively, measured as an 8 hour time-weighted average. Atmospheric monitoring equipment needs to be calibrated according to the manufacturer's instructions. Substance specific monitoring equipment should be used whenever actual or potential contaminants have been identified. The instrument should be carried and used by the entrant in sewer line work to monitor the atmosphere in the entrant's environment, and in advance of the entrant's direction of movement, to warn the entrant of any deterioration in atmospheric conditions. Where several entrants are working together in the same immediate location, one instrument, used by the lead entrant, is acceptable."

[FR Doc. 93-15242 Filed 6-28-93; 8:45 am]

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