Text For Citation: 01 Item/Group: 003 Hazard:

29 CFR 1926.1204(c): Develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, the following: 29 CFR 1926.1204(c)(1)- 29 CFR 1926.1204(c)(8). On or about July 20, 2023, at an establishment located at N5059 WI-107, in Irma, Wisconsin, an employee of Michels Marine, a division of Michels Construction, Inc. was performing saw cutting operations in a confined space while utilizing a gasoline powered cutoff saw and the employer did not reclassify as a permit-required confined space resulting in an employee being over-exposed to Carbon Monoxide (CO). The requirements of this section 29 CFR 1926.1204 (c)(1) to 29 CFR 1926.1204(c)(8) were not met to maintain safe permit entry safe operations. The requirement of 29 CFR 1926.1204(c)(4) to eliminate or control the atmospheric hazards with ventilation was not being met as the ventilation provided did not provide adequate means to protect employees and prevent an over-exposure of CO in the space. The requirements of 29 CFR 1926.1204(c)(7) to verify the space was safe to remain in was not met as an over-exposure occurred and the monitoring devices were not taking a representative sample of the air being breathed by the employee resulting in an over-exposure of CO.