February 6, 2019
MEMORANDUM FOR: REGIONAL ADMINISTRATORS
STATE PLAN DESIGNEES
THROUGH: KURT A. PETERMEYER
Acting Deputy Assistant Secretary
FROM: SCOTT C. KETCHAM, Acting Director
Directorate of Construction
SUBJECT: Welding, Cutting, and Heating in Confined Spaces
The purpose of this memorandum is to provide clarification about how 29 CFR 1926.353(b)(1) applies WHEN WELDING, CUTTING, AND HEATING OPERATIONS ARE PERFORMED WITHIN A CONFINED SPACE, in light of the promulgation of 29 CFR part 1926 subpart AA. As explained in its preamble, the requirements of subpart AA apply to ALL confined spaces hazards that are NOT specific to welding, cutting, and heating and addressed by the requirements of subpart J of 29 CFR Part 1926, Welding and Cutting (“subpart J”).1 Subpart J continues to apply to the hazards of welding, cutting, and heating in a confined space.
In applying section 1926.353(b)(1), Regional Administrators should be aware of a change in the definition of “confined space.” Prior to the promulgation of subpart AA, OSHA applied the definition of a confined space found in the former section 1926.21(b)(6) to section 1926.353(b)(1). In the confined spaces in construction rulemaking, OSHA replaced 29 CFR ยง 1926.21(b)(6) and its definition of a confined space with the definition of a confined space in subpart AA.2
