We debated this topic a couple of years back and although I am not sure we came to an agreement, I was, still am, set on the idea that 1910.146(c)(5) and (c)(7) can NOT be used simultaneously on the same PRCS. In other words, the PRCS either qualifies for (c)(5) entry or (c)(7) entry; or of course, we can do a permitted entry using sections (d)-(k). But a while back we were working a turnaround and I got to work with a real gem of a safety professional and he correctly pointed out that the new Confined Space standard for Construction has wording that states the two entry methods can be used on the same PRCS at the same time and now I have been perplexed for the past three weeks!!! Damn you, Darren! So what does OSHA say in their Construction Confined Space standard?
(emphasis by me)
1926.1203(e) An employer may use the alternate procedures specified in paragraph (e)(2) of this section for entering a permit space only under the conditions set forth in paragraph (e)(1) of this section
1926.1203(e)(1) An employer whose employees enter a permit space need not comply with §§ 1926.1204 through 1206 and §§ 1926.1208 through 1211, provided that ALL of the following conditions are met:
1926.1203(e)(1)(i) The employer can demonstrate that ALL PHYSICAL HAZARDS in the space are eliminated or isolated through engineering controls so that the ONLY hazard posed by the permit space is an ACTUAL OR POTENTIAL HAZARDOUS ATMOSPHERE;
1926.1203(e)(1)(ii) The employer can demonstrate that continuous forced air ventilation alone is sufficient to maintain that permit space safe for entry, and that, in the event the ventilation system stops working, entrants can exit the space safely;
So this is a departure from the way that 1910.146(c) was worded.
1910.146(c)(5) An employer may use the alternate procedures specified in paragraph (c)(5)(ii) of this section for entering a permit space under the conditions set forth in paragraph (c)(5)(i) of this section.
1910.146(c)(5)(i) An employer whose employees enter a permit space need not comply with paragraphs (d) through (f) and (h) through (k) of this section, provided that:
1910.146(c)(5)(i)(A) The employer can demonstrate that the ONLY HAZARD POSED by the permit space is an actual or potential hazardous atmosphere;
1910.146(c)(5)(i)(B) The employer can demonstrate that continuous forced air ventilation alone is sufficient to maintain that permit space safe for entry;
So we can see that 1910.146(c)(5) applies when the ONLY hazard is an ATMOPSHERIC HAZARD. For PRCSs that have no actual or potential hazardous atmosphere, but are a PRCS because they have one of the other four types of hazards (e.g. engulfment, configuration/sloping walls to a smaller cross-section, or other recognized serious safety and health hazard) that can be ELIMINATED we can use (c)(7) to “reclassify” the PRCS to a non-PRCS while we have the non-atmospheric hazards ELMINIATED.
But now with the new wording in 1926.1203(e)(1) where OSHA clearly mentions BOTH physical and atmospheric hazards in (e)(1) they are making it clear that we can use “alternative entry methods” and “reclassification” on the same space at the same time.
How do you see it?
