I have written several times now about OSHA’s new Construction Standard for Permit-Required Confined Spaces and how this new standard clarifies several aspects regarding the General Industry Standard 1910.146. But one requirement I continue to get push back on is the fact that ENTRY-STYLE Rescue is REQUIRED for ALL “permitted entires” in both Construction and General Industry. It seems that 1926.1204(i) is the requirement so many want to slice and dice to meet their needs against my better judgement…
emphasis added by me
1926.1204(i) Develop and implement procedures for summoning rescue and emergency services (including procedures for summoning emergency assistance in the event of a failed nonentry rescue), for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue;
This week while presenting at a state safety conference I was asked the same question by three (3) different organizations after everyone had left the room…
I am paraphrasing, but the question was…. “Where does it say… [OSHA] requires a rescue team be available for each permitted entry”? 1926.1204 says that we need to have a means to “summoning emergency assistance” and they wanted to believe that somehow “emergency assistance” is not the same thing as a “rescue team”.
So what do we think OSHA meant when they stated “(including procedures for summoning emergency assistance in the event of a failed nonentry rescue)”.
Who would we call for “emergency assistance” should our non-entry rescue not work and we need to get an entrant out of this PRCS? Would we call the sanitation department? Would we call the QC department? Would we call the Mayor’s Public Relations department? Would we call parks and recreation? No, I would bet we would be calling someone who we think has the ability to effect a rescue from within our PRCS that now may have an IDLH atmosphere!!!
Playing with the wording in a safety standard in such a manner for the mere sake of trying to lessen our regulatory (absolute minimum requirements) burden is just dangerous! Trying to redefine “emergency services” as if it is some lesser team of people (employees or some off-site group) who will arrive at the site in the time of an emergency, but do NOT have the means to provide the necessary services to remove the entrant(s) is just foolish.
This week, OSHA issued citations regarding this matter to three (3) contractors working at a Waste Water Treatment Plant and they made it pretty clear…
“Emergency Services” is a trained, staffed and equipped RESCUE SERVICE that has/had been evaluated BEFORE entry began and that the ES had verified they were available should their services be needed.
Citation 1 Item 5j
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(i): The employer did not develop and implement procedures for summoning rescue and emergency services (including procedures for summoning emergency assistance in the event of a failed non-entry rescue), for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not develop and implement procedures for rescuing entrants from the spaces and preventing unauthorized personnel from attempting a rescue.
Citation 1 Item 5p
Type of Violation: Serious; GROUPED
29 CFR 1926 .1210(b): The employer did not ensure that the entry supervisor verified that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not ensure an entry supervisor verified that appropriate atmospheric testing was completed, water from the treatment plant was effectively isolated, a method for rescue was in place and all procedures and equipment were in place before allowing entry to begin.
Citation 1 Item 9b
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(i): The employer did not develop and implement procedures for summoning rescue and emergency services (including procedures for summoning emergency assistance in the event of a failed non-entry rescue), for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not develop and implement procedures for rescuing entrants from the spaces and preventing unauthorized personnel from attempting a rescue.
Citation 1 Item 5b
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(i): The employer did not develop and implement procedures for summoning rescue and emergency services (including procedures for summoning emergency assistance in the event of a failed non-entry rescue), for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not develop and implement procedures for rescuing entrants from the spaces and preventing unauthorized personnel from attempting a rescue.
