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

29 CFR 1910.146(c)(7)(iv): The employer did not reevaluate the non-permit space and determine whether it must be reclassified as a permit space in accordance with other applicable provisions of 29 CFR 1910.146(c)(7): The employer did not reevaluate the non-permit space and determine whether it must be reclassified as a permit space on the following occasions: a. On July 14, 2017, an employee was tasked with clearing a jam of concrete mix (material) in Hopper #1 at Plant #4, a confined space that had been reclassified to a non-permit space. Employees routinely enter the space for cleaning purposes on a daily basis. The material introduced new hazards into the space that is normally entered when the hopper is empty. The material presented a thermal hazard and an entrapment hazard. The employer did not reevaluate the non-permit space to determine whether it must be reclassified as a permit space. The employee was injured when he became entrapped by the material. b. On September 11, 2017, an employee was tasked with cleaning Mixer #2 at Plant #4, a permit-required confined space that had been reclassified to a non-permit space. The mixer had a hole in the floor which was uncovered while the employee was in the mixer, cleaning. The hole presented a new falling hazard which was not present when the space was initially reclassified to a non-permit space. The employer did not reevaluate the non-permit space to determine whether it must be reclassified as a permit space. The employee was injured when he fell into the hole. Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).