UPDATED 10/5/15, see bottom of page
Another common debate we like to have among our profession… When is entry rescue required, and when is non-entry rescue required for entries into Permit-Required Confined Spaces? Ask ten safety professionals who are really into PRCS safety, and I will bet you a burger and a beer that we will not get 100% agreement. 1910.146 language does not make this a cut & dried debate, so there is a lot of judgment to be made. But here is my case: BOTH rescue means are REQUIRED with only an exception for non-entry rescue provisions… (NOTE: the updates include language from OSHA’s Confined Space Standard for Construction and its Preamble)
1910.146(k) Rescue and emergency services has three primary sections: (1), (2), and (3). OSHA segregated these sections as each one has distinct requirements. One thing I like to do in my training courses is to lay out these sections in a format so that it is clear how the requirements work together.
Section (k) (1) states:
1910.146(k)(1) An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, shall:
1910.146(k)(1)(i) Evaluate a prospective rescuer’s ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified;
Note to paragraph (k)(1)(i): What will be considered timely will vary according to the specific hazards involved in each entry. For example, §1910.134, Respiratory Protection, requires that employers provide a standby person or persons capable of immediate action to rescue employee(s) wearing respiratory protection while in work areas defined as IDLH atmospheres.
1910.146(k)(1)(ii) Evaluate a prospective rescue service’s ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified;
1910.146(k)(1)(iii) Select a rescue team or service from those evaluated that:
1910.146(k)(1)(iii)(A) Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified;
1910.146(k)(1)(iii)(B) Is equipped for and proficient in performing the needed rescue services;
1910.146(k)(1)(iv) Inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site; and
1910.146(k)(1)(v) Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations.
Note to paragraph (k)(1): Non-mandatory Appendix F contains examples of criteria which employers can use in evaluating prospective rescuers as required by paragraph (k)(l) of this section.
It is clear to me that (k)(1) is all about the requirements for the facility to decide how and who will perform entry-style rescue and to select the team(s).
Section (k)(2) states:
1910.146(k)(2) An employer whose employees have been designated to provide permit space rescue and emergency services shall take the following measures:
1910.146(k)(2)(i) Provide affected employees with the personal protective equipment (PPE) needed to conduct permit space rescues safely and train affected employees so they are proficient in the use of that PPE, at no cost to those employees;
1910.146(k)(2)(ii) Train affected employees to perform assigned rescue duties. The employer must ensure that such employees successfully complete the training required to establish proficiency as an authorized entrant, as provided by paragraphs (g) and (h) of this section;
1910.146(k)(2)(iii) Train affected employees in basic first-aid and cardiopulmonary resuscitation (CPR). The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and CPR is available; and
1910.146(k)(2)(iv) Ensure that affected employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size, configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed.
It is clear to me that (k)(2) contains requirements for the ENTRY rescue team to meet. This has its section, as entry-style rescue is much more dangerous than non-entry-style rescue, which is what (k)(3) is all about.
1910.146(k)(3) To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements.
1910.146(k)(3)(i) Each authorized entrant shall use a chest or full body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, above the entrant’s head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant. Wristlets may be used in lieu of the chest or full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets is the safest and most effective alternative.
1910.146(k)(3)(ii) The other end of the retrieval line shall be attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary. A mechanical device shall be available to retrieve personnel from vertical type permit spaces more than 5 feet (1.52 m) deep.
It is clear to me that (k)(3) contains the requirements, and the ONLY rescue exception, for non-entry rescue. PLEASE note that there is section (k)(4) but it is NOT part of this discussion as it applies to ALL rescue methods.
So we have three (3) distinct sections of 1910.146(k) that are laid out in a methodical method:
- Evaluate your rescue team and options (in-house vs. off-site) and then select the team(s)
- Make sure your entry rescue team meets the requirements and can perform their function SAFELY
- Non-Entry Rescue requirements
So here is my position.
We get only one (1) exception in section (k), which applies when non-entry rescue provisions can be eliminated. There are NO provisions to exempt us from the requirements of sections (1) and (2). This means that if the standard applies (i.e., we are entering a PRCS under a permit), then sections (1) and (2) apply. Now keep in mind that if we “reclassify” the PRCS to a non-PRCS using section (c)(7) OR we enter the space using section (c)(5), which by the way, I would never suggest!, then ALL, of section (k) is exempted. But if we enter a PRCS under permit conditions, BOTH entry and non-entry rescue provisions are required.
Of course, the non-entry provisions are our PREFERRED means to rescue entrants, and non-entry provisions are REQUIRED for ALL entries into a PRCS unless the entry meets the two (2) individual limitations to EXEMPT non-entry rescue provisions; however, having non-entry provisions in place does NOT exempt us from having entry rescue provisions in place as well. Here are some more items to consider…
1910.146(j)(4) Verifies that rescue services are available and that the means for summoning them are operable;
This REQUIRES the ES to verify that “rescue services” are available and that the means the attendant will use to summon them is operable. This is a CONSTANT requirement when entering a PRCS (e.g., no exceptions to this requirement). Now some would argue that the “attendant” is “rescue services”; however, as shown above, the term “rescue services” as used in section (k) and as defined in the definition section is NOT intended to be an attendant.
“Rescue service” means the personnel designated to rescue employees from permit spaces.
Granted, an attendant must perform non-entry “rescue,” so I can see how some would view an attendant as “rescue services”, but ask yourself… does how many attendants have been evaluated as “a prospective rescuer’s ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified” as required by (k)(1)? I also take notice that OSHA used the term “personnel” rather than “person,” which also leads me to believe OSHA was not referring to the attendant, which is a single person (although in some entries, there could be more attendants). PLEASE SEE the discussion below from the Construction Confined Space about evaluating an “attendants” ability when the attendant is employed by a company different than the “entrant employer.”
As well, the attendant is required to be at the entry portal so he/she does not need the “ability to respond in a timely manner” as they are already there!
But do we really believe that (j)(4) means for the ES to verify that an attendant “are available” (singular vs. plural conflict again) and the means for the attendant to contact himself/herself is operable????? It just does not make sense to me.
So my bottom line is that for entry into a PRCS under a permit, we must have BOTH non-entry and entry-style rescue provisions in place. The ONLY exception given is related to when we can do away with the non-entry rescue provisions; nothing to exempt us from sections (1) and (2). Why would OSHA permit this “non-entry rescue” exemption language? Because we ALWAYS have our entry-style rescue provisions in place – they are NEVER exempted!
Let’s consider OSHA’s new CS standard for construction when evaluating the need for entry AND non-entry rescue provisions.
1926.1211(c) Non-entry rescue is required unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. The employer must designate an entry rescue service whenever non-entry rescue is not selected. Whenever non-entry rescue is selected, the entry employer must ensure that retrieval systems or methods are used whenever an authorized entrant enters a permit space, and must confirm, prior to entry, that emergency assistance would be available in the event that non-entry rescue fails. Retrieval systems must meet the following requirements:…
I pointed this out in my article comparing the new Construction Standard to the GI PRCS standard (see #15 in that article).
We can also use the Preamble from the new Construction Confined Space Standard as a rule of thumb as they compare the new standard’s requirements to those found in 1910.146. In it, OSHA states the following:
Rescue service means the personnel designated to rescue employees from permit spaces. This definition duplicates the definition of the term in the general industry standard at § 1910.146. In the proposed rule, OSHA included specific statements that the term applied to both onsite and offsite personnel, and to personnel designated by the employer for either non-entry or entry rescue (or both). In the final standard, OSHA elected to use the broader language of the general industry standard for consistency; however, the Agency believes that there is no substantive difference between the proposed and final standards in the meaning of these statements.
Paragraph (i). Final § 1926.1204(i), which is nearly identical to § 1910.146(d)(9), requires an employer to have and implement effective procedures for summoning rescue services (including procedures for summoning emergency assistance in the event of a failed non-entry rescue), performing rescue, and preventing unauthorized personnel from attempting rescue. The only difference from the general industry requirement is that OSHA added a parenthetical to note that employers have a duty to summon emergency assistance in the event of a failed non-entry rescue.
In the final rule, OSHA added a clarification that these procedures must cover the safe termination of entry operations, which must include procedures for summoning emergency assistance in the event that non-entry rescue fails (see discussion of backup emergency assistance in final § 1926.1211).
Final § 1926.1211 specifies requirements for that rescue and emergency service. The requirements in final § 1926.1211 are substantively similar to the corresponding provisions in the general industry confined spaces standard at § 1910.146(k). In general, the substance of the rescue provisions in the proposed rule was similar to that of the rescue provisions in the general industry rule, but the language of the general industry rule is more performance-oriented and includes fewer detailed requirements than the proposed rule. Final § 1926.1211 uses the term “rescue and emergency services.” There are two types of rescue services addressed by this provision: Non-entry rescue and entry rescue, and the employer must determine which is appropriate. Emergency services are distinct: They are the services that must be used to retrieve the entrant when the employer’s non-entry or entry rescue fails. OSHA notes that during the rulemaking for the general industry confined spaces standard, a commenter raised a question as to whether an entry rescue service involved only off-site rescue teams (58 FR 4525). The Agency made clear in that rulemaking that an employer could use an on-site team as long as the employer met all the criteria outlined in the standard. That rationale is equally applicable to this final rule. Consequently, the term ‘‘rescue service’’ in this standard does not exclude the use of an on-site entry rescue service. Indeed, as OSHA noted in the preamble to final § 1910.146, the need to respond as quickly as possible to an emergency within a permit space indicates a preference for on-site rescue teams wherever it is practical.
Also, the final rule’s phrase “rescue service” refers to all rescue personnel provided to remove entrants from permit spaces. It includes situations in which one person will be responsible for the rescue of authorized entrants (e.g., when the employer uses non-entry rescue systems). In such situations, the evaluation and selection requirements of final § 1926.1211(a) will apply. The training and practice requirements of final § 1926.1211(b) also apply in these situations. Thus, OSHA is treating all rescue services alike, whether the service is on-site or off-site, whether the service is entry rescue or non-entry rescue, or whether the service consists of a multiple-person team or a single person.
Paragraph (c). Final § 1926.1211(c), which is substantively similar to the general industry standard at § 1910.146(k)(3), requires that an employer use non-entry rescue, instead of entry rescue, unless non-entry rescue is more dangerous or ineffective than entry rescue. The major difference between this final provision and § 1910.146(k)(3) is that OSHA revised this final requirement to clarify the employer’s obligation. If the employer determines that it will use non-entry rescue, final § 1926.1211(c) also requires the employer to use a retrieval system or method. Accordingly, in general authorized entrants must wear retrieval devices and employers must use a retrieval system, in addition to confirming that emergency assistance is available in the event the non-entry retrieval fails.
The final rule provides for a ‘‘back-up’’ to non-entry rescue, much as the proposed rule did, but in a manner that is less burdensome for employers. Consequently, final § 1926.1211(c) requires that, if an entry employer determines that it will use non-entry rescue, it must confirm, prior to entry, that emergency assistance will be available in the event that non-entry rescue fails. OSHA expects this confirmation will typically involve a quick phone call or other communication to establish availability before making the first entry. The employer need not repeat such confirmation when there are several entries planned as part of the same project, provided the employer discusses during the initial contact with the rescue service the availability of emergency assistance for the expected duration of the project. This confirmation is especially important if the employer uses a 911 service or other third-party service that is small and has few teams on call because the service must be available to provide emergency assistance quickly when needed if the assistance is to be effective. In the event emergency assistance is summoned, OSHA anticipates that the emergency assistance provider will assume direction of the rescue and would request any other information it deems essential to effectively provide assistance, and notes that employers may be required by other laws to comply with the emergency assistance requests for information. OSHA is not requiring the employer to provide other specific information at the site out of concern that such a requirement might slow the rescue process if it compels the employer to provide information not needed by the emergency assistance provider. Note that arranging for emergency assistance is not the same as providing for entry rescue; emergency assistance is intended as the backup for the employer’s rescue plan, whether the employer relied on entry or non-entry rescue. Entry rescue requires personnel trained to recognize the hazards associated with entry rescue and perform entry rescue duties. These personnel must be trained in performing entry rescues and must have practiced such a rescue within the past year.
Employers must designate entry rescuers when non-entry rescue is not an appropriate option. Emergency assistance is intended to supplement employer rescue efforts and provide emergency care to employees injured on site and/or rescued from a confined space. Emergency assistance is required if there is a problem with a non-entry rescue or with an entry rescue.
The non-entry rescue requirements are based on the general industry standard, but provide additional guidance. While there is no corresponding provision stated explicitly in the general industry standard at § 1910.146, § 1910.146(d)(9) requires employers to develop plans to summon emergency services and for rescuing personnel. In final § 1926.1204(i), OSHA clarified that, if the entry employer uses non-entry rescue as the designated method of rescue, the employer must develop a procedure for summoning emergency assistance in case the non-entry rescue is not able to retrieve the entrant. Emergency assistance, such as a 911 emergency-responder service or an on-site or off-site entry-rescue team, may prevent such a situation from resulting in injury or death, so it is critical that emergency assistance be available to respond to the emergency. In final § 1926.1211(c), OSHA also clarifies that, if the employer determines that it will use entry rescue, it must designate a rescue service that is capable of providing entry rescue. Additionally, it sets requirements for non-entry rescue systems; these requirements do not differ substantively from the corresponding general industry provision.26
Final § 1926.1204(i) requires employers to develop and implement procedures for: Providing rescue and emergency services, including procedures for summoning emergency assistance in the event of a failed non-entry rescue; rescuing entrants from permit spaces; providing necessary emergency services to rescued employees; and preventing unauthorized personnel from attempting a rescue.
29 CFR 1926.1210(d) and 29 CFR 1926.1211(c) – Entry employers must ensure that each entry supervisor verifies that rescue services are available, the means for summoning them are operable, and the employer will be notified as soon as the services become unavailable. If the employer uses non-entry rescue, the employer must confirm, prior to entry, that emergency assistance will be available in the event that non-entry rescue fails.
To further my position, OSHA published their Protecting Construction Workers in Confined Spaces: Small Entity Compliance Guide at the end of September. Page 31, 2nd Paragraph seems to make this matter crystal clear…
When non-entry rescue is selected, the entry employer must also confirm, before entry begins, that emergency assistance would be available if the non-entry rescue fails. Emergency assistance would usually be provided by a local fire department or similar service.
