1910.146(d)(14) does not specify how many or what percentage of entry permits must be reviewed annually.
Would it be compliant if an employer reviews a representative sample of the entry permits during the one-year review?
The easy answer is NO, ALL CANCELED ENTRY PERMITS AND NOT A REPRESENTATIVE SAMPLE OF THE ENTRY PERMITS must be reviewed annually.
Here is OSHA’s take…
NOTE: links have been added for ease of accessing referenced sources/documents
Response:
NO.
29 CFR 1910.146(d)(14) states employers must “Review the permit space program, using the canceled permits retained under paragraph (e)(6) of this section within 1 year after each entry […]”.
Further, the note to paragraph (d)(4) explains that “Employers may perform a single annual review covering all entries performed during a 12-month period. If no entry is performed during a 12-month period, no review is necessary.”
Employers must, therefore, review ALL CANCELED ENTRY PERMITS AND NOT A REPRESENTATIVE SAMPLE OF THE ENTRY PERMITS.
The review MUST occur within
- one year after each entry
or
- as a single annual review covering all entries during the previous one-year timeframe.
