I have this debate several times a year, and I always go to the “note” in 1910.146 related to the definition of “atmospheric hazards”. And that is never enough to convince people that 1910.146 deals ONLY with ACUTE responses to atmospheric hazards – NOT chronic responses. Now, let’s be clear, atmospheric hazards that are chronic hazards MUST be addressed/managed, but they fall outside the scope of 1910.146/1926.1201-.1213.
First, here is the note from 1910.146: (emphasis by me)
| (4) Atmospheric concentration of any substance for which a dose or a permissible exposure limit is published in subpart G, Occupational Health and Environmental Control, or in subpart Z, Toxic and Hazardous Substances, of this part and which could result in employee exposure in excess of its dose or permissible exposure limit; Note: An atmospheric concentration of any substance that is not capable of causing death, incapacitation, impairment of ability to self-rescue, injury, or acute illness due to its health effects is NOT covered by this provision. |
The scenario I always use in my training courses is “being over-exposed to asbestos” during an entry into a PRCS. That overexposure does NOT make the CS a PRCS, as that hazard is NOT an acute response atmospheric hazard. It is a hazard that MUST be managed, but it has NOTHING to do with the space being a PRCS. In fact, OSHA would not issue a citation under 1910.146 for this over-exposure to Asbestos; it would cite 1910.1001. In fact, we could RECLASSIFY the PRCS to Non-PRCS status due to the Asbestos exposure, as that exposure is NOT considered a “hazardous atmosphere.” I no longer do this, as it causes such an uproar with entrants.
Now, OSHA has issued this statement, reinforcing its position on this matter…
(emphasis by me)
| The exposure monitoring requirements in OSHA’s permit-required confined spaces standard at 29 CFR § 1910.146(d)(5) are intended to document in the permit record either the absence of acute atmospheric hazards during employee entries, or an increase of an acute atmospheric hazard that requires removal of entrants until permit levels are restored. These acute atmospheric hazards may include asphyxiation, explosion, and toxic gases, vapors, or mists that are immediately dangerous to life or health (IDLH) and pose immediate or delayed (within 72 hours) threats to life, or irreversible adverse health effects, or any effects that would interfere with an individual’s ability to escape unaided from a permit space. While some of the hazards, particularly the air contaminants, that have been detected in permit spaces could also have long-term adverse effects on employees, those long-term effects are not addressed by the permit space standard. The reason for the one-year retention time of the permit record in 29 CFR § 1910.146(e)(6) is to facilitate the review of the permit-required confined space program required by paragraph (d)(14), and to revise the program as necessary, to ensure that employees participating in entry operations are protected from any acute hazards in the permit spaces. |
Source: https://www.osha.gov/laws-regs/standardinterpretations/2023-11-03
