Our behind the scenes debate continues and now a number of clients have joined in with their take on the matter. The fundamental part of our debate has come down to two (2) positions:
- does a fall inside or into a Confined Space make that CS a Permit-Required Confined Space?
- if you said yes to #1, then can the space be “reclassified” under 1910.146(c)(7) or 1926.1203(g)?
As I have ALWAYS said, we MUST manage the fall hazard, but it is NOT the type of hazard OSHA is talking about when they state “Contains any other recognized serious safety or health hazard”. And I am in NO WAY saying “fall hazards” are NOT a recognized hazard nor that they are not a serious hazard; just that this type of hazard is NOT part of determining whether a CS becomes a PRCS.
If you have an in-house rescue team that is properly staffed, equipped, and trained and you wish to enter every one of your CS as a permitted-entry then by all means I am NOT trying to stop you – heck I commend you for taking that approach. I just ask that you realize you are in a very small minority of facilities that have this luxury. Thus OSHA gave employers three (3) acceptable means to enter a PRCS and over the years the “reclassification” method has gained momentum once employers realized what PRCS rescue really required! And please don’t think that entry using the reclassification method is taking short-cuts. It is actually more safe and takes more time and resources than doing a permitted-entry.
I have made my position clear for years, but to restate it – a fall inside or into a CS does not make that CS a PRCS. I base my position on a 1999 OSHA Memorandum which asked:
