Conflict between requirements of 1910.252 and 1910.146

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

July 30, 1993

Ms. Julie A. Emmerich
Frank L. Pellegrini
Law Offices
701 Market Street,
Suite 390
Gateway One on the Mall
St. Louis, Missouri 63101

Dear Ms. Emmerich:

Thank you for your letter of July 6, in which you requested our opinion of an apparent conflict between the requirements of 1910.252(b)(4)(iv) and an example contained in Appendix C of the recently promulgated Occupational Safety and Health Administration (OSHA) standard on Permit-Required Confined Spaces (1910.146).

Clarification of the definition of a permit-required confined space (permit space).

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

August 11, 1993

Mr. W.H. Butterbaugh, CAE Director
Regulatory Affairs NPGA
Suite 340 4301
North Fairfax Drive
Arlington, Virginia 22203

Dear Mr. Butterbaugh

Thank you for your letter of July 1, in which you asked for a clarification of the definition of a permit-required confined space (permit space).

The precise definitions you seek are found in the standard (relevant portion attached.)

To paraphrase, a confined space is a space that:

Confined space standard for general industry.

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

September 23, 1993

Ms. Suey Howe Director,
Federal Regulations
Associated Builders and
Contractors, Inc.
1300 North 17th, 8th Floor
Rosslyn, VA 22204

Dear Ms. Howe:

This is in response to your April 8 letter requesting an interpretation on the scope of the Occupational Safety and Health Administration's (OSHA) confined space standard for general industry. I apologize for the delay in responding to your inquiry.

The meaning of the word "entrapment" as in the Permit Required Confined Space (PRCS) standard.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 8, 1993

Michael J. Shanshala
Safety Director
United Refining Company
Box 78
Warren, Pennsylvania 16365

Dear Mr. Shanshala:

Summit's training program on confined space entry.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 15, 1993

Mr. Doug Schreur
Summit Training Sources, Inc.
620 Three Mile Road, N.W.
Grand Rapids, Michigan 49504

Dear Mr. Schreur:

This is in response to your telephone conversation with Mr. Roger Clark, Director, Directorate of Compliance Programs and your request for review and comments on Summit's training program on Confined Space Entry. Please accept our apology for the delay in getting this review to you.

Who is required to wear the body harnesses and retrieval lines.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

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).

Elevator repair and servicing.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 20, 1993

Mr. Christopher Barber
5080 N. Elston Ave.
Chicago, Illinois 60630

Dear Mr. Barber:

This is in response to your letter of August 25, addressed to Ms. Patricia K. Clark, former Director of Compliance Programs. You inquired about Occupational Safety and Health Administration (OSHA) standards which apply to elevator repair and servicing. We apologize for the delay in this response. The questions you asked and the corresponding replies follow.

Question 1: What OSHA standards apply to elevator repair and servicing?

Permit Required Confined Spaces Standard requires employers to retain canceled entry permits for at least one year.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 21, 1993

Mr. John A. Anderson
Process Safety Engineer
BASF Corporation
100 Cherry Hill Road
Parsippany, N.J. 07054

Dear Mr. Anderson:

Thank you for your letter of June 24, requesting an interpretation of the provision of the Permit Required Confined Spaces Standard (29 CFR Part 1910.146(e)(6)) which requires employers to retain canceled entry permits for at least one year, to facilitate the review of the permit space program required by 29 CFR 1910.146(d)(14).

Soil testing for excavations and confined spaces.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

 

 

Permit Required Confined Space Standard as it applies to certain operations.

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

October 22, 1993

Robert R. Bee, CIH
Industrial Hygiene Manager
Walt Disney World Co.
Post Office Box 10000
Lake Buena Vista, Florida 32830-1000

Dear Mr. Bee:

This is in further response to your letter of May 18, requesting a written interpretation of 29 CFR 1910.146 - Permit Required Confined Space Standard (PRCS) as it applies to certain Walt Disney World Co. operations. Please accept our apology for the delay in the response.