We continue to find businesses misunderstanding the need and requirement for “non-entry rescue” requirements found in 1910.146(k)(3). Even when a business has its own in-house CS rescue team, the rule is that for EVERY entry into a Permit-Required Confined Space, non-entry rescue capabilities found in 1910.146(k)(3)(i) & 1910.146(k)(3)(ii). There are ONLY two exceptions to this rule:
- The retrieval equipment would increase the overall risk of entry and/or
- it would not contribute to the rescue of the entrant.
Now if the business uses 1910.146(c)(7) to reclassify the space to a “non-permit space” status, then only section (g) will apply. OSHA stated in a 1994 LOI that the presence of an employer’s rescue service complying with paragraph [1910.146(k)(2)] is not a substitute for the non-entry rescue provision of (k)(3) of the standard.
