OSHA has long stated that “entry permits” which contain exposure data MUST be maintained per 1910.1020. However, this requirement seems to not be well understood. It seems we find companies that prohibit entry into any hazardous atmosphere are keeping warehouses full of closed entry permits and those companies that are actually entering hazardous atmospheres are throwing out their permits after their annual review. So what is the actual requirement?
OSHA has long said, via Appendix E (page E-16) of OSHA Instruction CPL 2.100, that when an entry was made into an atmosphere where an exposure occurred (even when a respirator was used) that the permit documenting the atmospheric condition(s) must be maintained per 1910.1020 (used to be 1910.20). Here is that part of the CPL…
Are the results of the air sampling and exposure monitoring required by this standard considered exposure records for purposes of 29 C.F.R. 1910.20(c)(5) OSHA’s Record Access rule?
Those results which show the composition of an atmosphere to which an employee is actually exposed (even if the employee is using a respirator) are exposure records under 29 C.F.R. 1910.20(c)(5). Conversely, if the employer determines as the result of initial air sampling not to allow entry into a confined space until additional ventilation and purging of the atmosphere has occurred, the sample would not be considered as exposure record because no employee would ever have been exposed to the atmosphere sampled. Once the employer takes corrective action so that an employee can enter, however, the results of subsequent air sampling that show the atmosphere the employee actually entered would be considered exposure records.
On the other hand, as stated above, entry into a PRCS with NO exposure(s) and documented as such on the entry permit, that permit does NOT have to be maintained as an “exposure record” per 1910.1020.
The bottom line is that
- if your program PROHIBITS entry into a PRCS with anything but a CLEAN atmosphere then you’re off the hook for any record retention.
- if your program ALLOWS entry into a PRCS with any level of exposure to a hazardous constituent then permits that show this exposure MUST be retained per 1910.1020
An interesting side note, I learned the hard way…
When permitting a space in which a contractor will be entering the space and this space poses an exposure then we MUST make the record available to the contractor for their retention. This is why I always required the contractor employer to ALSO issue their entry permit ON TOP OF OUR entry permit when doing actual permitted entries (vs. entering a reclassified space). They keep their permit and we keep our permit after the entry is canceled.
Remember, it matters NOT if the entrant(s) is wearing proper PPE, if there is an exposure within the space – the entry permit becomes an exposure record.
CLICK HERE for a 1996 LOI on this matter
