OSHA published a Letter of Interpretation making it clear that we can use “alternative entry” methods such that when the physical hazard(s) can be ELIMINATED OR ISOLATED through engineering controls, AND any atmospheric hazards can be CONTROLLED through forced-air ventilation and continuous atmospheric monitoring, the space may be entered using the alternate procedures set forth in 29 CFR 1926.1203(e), instead of full permit space entry procedures. We discussed this June of last year (Does OSHA’s new PRCS in Construction allow the use of Alternative Entry and Reclassification on the same PRCS?) and I just missed this older LOI at the time. So here is the actual language that allows us to use Energy Isolation, forced air ventilation, and continuous atmospheric monitoring to enter the PRCS using these ALTERNATIVE methods over making the entry via an Entry Permit and all the requirements that go with this entry method. But the LOI makes no mention of…
(emphasis by me)
But first, here is the LOI response we are discussing:
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Q# 1: If an employer has workers performing construction work inside a water tank that has limited egress and at least one physical hazard, such as trip hazards, poor illumination, slippery floors, inclined surfaces, ladders, suspended scaffolds, and/or atmospheric hazards or potential atmospheric hazards, must that employer establish a permit program and have employees enter the space under a confined space permit, as required by Subpart AA of 29 CFR Part 1926, Confined Spaces in Construction? Answer Yes, assuming the water tank is large enough for an employee to bodily enter it, is not designed for regular occupancy, and there is some impediment to egress, the water tank meets the definition of a confined space under 29 CFR 1926.1202. Furthermore, permit-required confined spaces include confined spaces that have a physical hazard, atmospheric hazard, potential atmospheric hazard, or any other recognized serious safety or health hazard. To the extent that the physical and atmospheric hazards you describe could prevent a worker from exiting the space under his or her own power (self-rescue), those hazards could trigger “permit required confined spaces” requirements per 29 CFR 1926.1204. However, if the physical hazards can be eliminated or isolated through engineering controls, and any atmospheric hazards can be controlled through forced-air ventilation and continuous atmospheric monitoring, the space may be entered using the alternate procedures set forth in 29 CFR 1926.1203(e), instead of full permit space entry procedures. |
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)(2) The following requirements apply to entry into permit spaces that meet the conditions set forth in paragraph (e)(1) of this section:
1926.1203(e)(2)(i) Any conditions making it unsafe to remove an entrance cover must be eliminated before the cover is removed.
1926.1203(e)(2)(ii) When entrance covers are removed, the opening must be immediately guarded by a railing, temporary cover, or other temporary barrier that will prevent an accidental fall through the opening and that will protect each employee working in the space from foreign objects entering the space.
1926.1203(e)(2)(iii) Before an employee enters the space, the internal atmosphere must be tested, with a calibrated direct-reading instrument, for oxygen content, for flammable gases and vapors, and for potential toxic air contaminants, in that order. Any employee who enters the space, or that employee’s authorized representative, must be provided an opportunity to observe the pre-entry testing required by this paragraph.
1926.1203(e)(2)(iv) No hazardous atmosphere is permitted within the space whenever any employee is inside the space.
1926.1203(e)(2)(v) Continuous forced air ventilation must be used, as follows:
1926.1203(e)(2)(v)(A) An employee must not enter the space until the forced air ventilation has eliminated any hazardous atmosphere;
1926.1203(e)(2)(v)(B) The forced air ventilation must be so directed as to ventilate the immediate areas where an employee is or will be present within the space and must continue until all employees have left the space;
1926.1203(e)(2)(v)(C) The air supply for the forced air ventilation must be from a clean source and must not increase the hazards in the space
1926.1203(e)(2)(vi) The atmosphere within the space must be continuously monitored unless the entry employer can demonstrate that equipment for continuous monitoring is not commercially available or periodic monitoring is sufficient. If continuous monitoring is used, the employer must ensure that the monitoring equipment has an alarm that will notify all entrants if a specified atmospheric threshold is achieved, or that an employee will check the monitor with sufficient frequency to ensure that entrants have adequate time to escape. If continuous monitoring is not used, periodic monitoring is required. All monitoring must ensure that the continuous forced air ventilation is preventing the accumulation of a hazardous atmosphere. Any employee who enters the space, or that employee’s authorized representative, must be provided with an opportunity to observe the testing required by this paragraph (e)(2)(vi).
1926.1203(e)(2)(vii) If a hazard is detected during entry:
1926.1203(e)(2)(vii)(A) Each employee must leave the space immediately;
1926.1203(e)(2)(vii)(B) The space must be evaluated to determine how the hazard developed; and
1926.1203(e)(2)(vii)(C) The employer must implement measures to protect employees from the hazard before any subsequent entry takes place.
1926.1203(e)(2)(viii) The employer must ensure a safe method of entering and exiting the space. If a hoisting system is used, it must be designed and manufactured for personnel hoisting; however, a job-made hoisting system is permissible if it is approved for personnel hoisting by a registered professional engineer, in writing, prior to use.
1926.1203(e)(2)(ix) The employer must verify that the space is safe for entry and that the preentry measures required by paragraph (e)(2) of this section have been taken, through a written certification that contains the date, the location of the space, and the signature of the person providing the certification. The certification must be made before entry and must be made available to each employee entering the space or to that employee’s authorized representative.
Here is the LOI I am referencing
NOTE: OSHA has stated that their newer 1926 standard is their “standard of choice” for entry into PRCS, but technically speaking, the 1926 standards apply only to “construction work” as defined by 1910.12. But since they have made clear that they prefer the 1926 version over 1910, I do not see a compliance issue with using this process to BOTH reclassify AND ventilate a PRCS in “general industry”. I still stand by my previous position that 1910.146(c)(5) and 1910.146(c)(7) were intended to be separate options and NOT intended to be paired up together for entry into a PRCS.
