Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope and application. This section
contains requirements for practices and procedures to protect employees from
the hazards of entry into permit-required confined spaces. This section applies
to employers, as specified in section
5156(b)(1).
(b) Definitions.
Acceptable entry conditions means the conditions that
must exist in a permit space to allow entry and to ensure that employees
involved with a permit-required confined space entry can safely enter into and
work within the space.
Attendant means an individual stationed outside one or
more permit spaces who monitors the authorized entrants and who performs all
attendant's duties assigned in the employer's permit space program.
Authorized entrant means an employee who is authorized
by the employer to enter a permit space.
Blanking or blinding means the absolute closure of a
pipe, line, or duct by the fastening of a solid plate (such as a spectacle
blind or a skillet blind) that completely covers the bore and that is capable
of withstanding the maximum pressure of the pipe, line, or duct with no leakage
beyond the plate.
Confined space means a space that:
(1) Is large enough and so configured that an
employee can bodily enter and perform assigned work; and
(2) Has limited or restricted means for entry
or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and
pits are spaces that may have limited means of entry.); and
(3) Is not designed for continuous employee
occupancy.
Double block and bleed means the closure of a line,
duct, or pipe by closing and locking or tagging two in-line valves and by
opening and locking or tagging a drain or vent valve in the line between the
two closed valves.
Emergency means any occurrence (including any failure
of hazard control or monitoring equipment) or event internal or external to the
permit space that could endanger entrants.
Engulfment means the surrounding and effective capture
of a person by a liquid or finely divided (flowable) solid substance that can
be aspirated to cause death by filling or plugging the respiratory system or
that can exert enough force on the body to cause death by strangulation,
constriction, or crushing.
Entry means the action by which a person passes through
an opening into a permit-required confined space. Entry includes ensuing work
activities in that space and is considered to have occurred as soon as any part
of the entrant's body breaks the plane of an opening into the space.
Entry permit (permit) means the written or printed
document that is provided by the employer to allow and control entry into a
permit space and that contains the information specified in subsection
(f).
Entry supervisor means the person (such as the
employer, foreman, or crew chief) responsible for determining if acceptable
entry conditions are present at a permit space where entry is planned, for
authorizing entry and overseeing entry operations, and for terminating entry as
required by this section.
NOTE: An entry supervisor also may serve as an
attendant or as an authorized entrant, as long as that person is trained and
equipped as required by this section for each role he or she fills. Also, the
duties of entry supervisor may be passed from one individual to another during
the course of an entry operation.
Hazardous atmosphere means an atmosphere that may
expose employees to the risk of death, incapacitation, impairment of ability to
self-rescue (that is, escape unaided from a permit space), injury, or acute
illness from one or more of the following causes:
(1) Flammable gas, vapor, or mist in excess
of 10 percent of its lower flammable limit (LFL);
(2) Airborne combustible dust at a
concentration that meets or exceeds its LFL;
NOTE: This concentration may be approximated as a
condition in which the dust obscures vision at a distance of 5 feet (1.52 M) or
less.
(3) Atmospheric oxygen
concentration below 19.5 percent or above 23.5 percent;
(4) Atmospheric concentration of any
substance for which a dose is published in Group 14 for Radiation and
Radioactivity or a permissible exposure limit is published in section
5155 for Airborne contaminants 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.
(5) Any
other atmospheric condition that is immediately dangerous to life or health.
NOTE: For air contaminants for which a dose is not
published in Group 14 for Radiation and Radioactivity or a permissible exposure
limit is not published in section
5155 for Airborne contaminants,
other sources of information such as: Safety Data Sheets that comply with
section 5194, published information, and
internal documents can provide guidance in establishing acceptable atmospheric
conditions.
Hot work permit means the employer's written
authorization to perform operations (for example, riveting, welding, cutting,
burning, and heating) capable of providing a source of ignition.
Immediately dangerous to life or health (IDLH) means
any condition that poses an immediate or delayed threat to life or that would
cause irreversible adverse health effects or that would interfere with an
individual's ability to escape unaided from a permit space.
NOTE: Some materials--hydrogen fluoride gas and cadmium
vapor, for example--may produce immediate transient effects that, even if
severe, may pass without medical attention, but are followed by sudden,
possibly fatal collapse 12-72 hours after exposure. The victim "feels normal"
from recovery from transient effects until collapse. Such materials in
hazardous quantities are considered to be "immediately" dangerous to life or
health.
Inerting means the displacement of the atmosphere in a
permit space by a noncombustible gas (such as nitrogen) to such an extent that
the resulting atmosphere is noncombustible.
NOTE: This procedure produces an IDLH oxygen-deficient
atmosphere.
Isolation means the process by which a permit space is
removed from service and completely protected against the release of energy and
material into the space by such means as: Blanking or blinding; misaligning or
removing sections of lines, pipes, or ducts; a double block and bleed system;
lockout or tagout of all sources of energy; or blocking or disconnecting all
mechanical linkages.
Line breaking means the intentional opening of a pipe,
line, or duct that is or has been carrying flammable, corrosive, or toxic
material, an inert gas, or any fluid at a volume, pressure or temperature
capable of causing injury.
Non-permit confined space means a confined space that
does not contain or, with respect to atmospheric hazards, have the potential to
contain any hazard capable of causing death or serious physical harm.
Oxygen deficient atmosphere means an atmosphere
containing less than 19.5 percent oxygen by volume.
Oxygen enriched atmosphere means an atmosphere
containing more than 23.5 percent oxygen by volume.
Permit-required confined space (permit space) means a
confined space that has one or more of the following
characteristics:
(1)
Contains or has a potential to contain a hazardous atmosphere;
(2) Contains a material that has the
potential for engulfing an entrant;
(3) Has an internal configuration such that
an entrant could be trapped or asphyxiated by inwardly converging walls or by a
floor which slopes downward and tapers to a smaller cross-section; or
(4) Contains any other recognized serious
safety or health hazard.
Permit-required confined space program (permit space
program) means the employer's overall program for controlling, and, where
appropriate, for protecting employees from, permit space hazards and for
regulating employee entry into permit spaces.
Permit system means the employer's written procedure
for preparing and issuing permits for entry and for returning the permit space
to service following termination of entry.
Prohibited condition means any condition in a permit
space that is not allowed by the permit during the period when entry is
authorized.
Rescue service means the personnel designated to rescue
employees from permit spaces.
Retrieval system means the equipment (including a
retrieval line, chest or full-body harness, wristlets, if appropriate, and a
lifting device or anchor) used for non-entry rescue of persons from permit
spaces.
Testing means the process by which the hazards that may
confront entrants of a permit space are identified and evaluated. Testing
includes specifying the tests that are to be performed in the permit space. If
electronic or thermal equipment is used to perform such tests, and the
possibility exists of an explosive substance or a hazardous atmosphere due to
flammable gases and vapors, then the testing equipment must be approved for use
in such explosive or flammable conditions as required by section
2540.2.
NOTE: Testing enables employers both to devise and
implement adequate control measures for the protection of authorized entrants
and to determine if acceptable entry conditions are present immediately prior
to, and during, entry.
(c) General requirements.
(1) The employer shall evaluate the workplace
to determine if any spaces are permit-required confined spaces.
NOTE: Proper application of the decision flow chart in
Appendix A would facilitate compliance with this requirement.
(2) If the workplace contains permit spaces,
the employer shall inform exposed employees and other employees performing work
in the area, by posting danger signs or by any other equally effective means,
of the existence, location of and the danger posed by the permit spaces.
NOTE: A sign reading "DANGER--PERMIT-REQUIRED CONFINED
SPACE, DO NOT ENTER" or using other similar language would satisfy the
requirement for a sign.
(3)
If the employer decides that its employees and other employees performing work
in the area will not enter permit spaces, the employer shall take effective
measures to prevent all such employees from entering the permit spaces and
shall comply with subsections (c)(1), (c)(2), (c)(6), and (c)(8).
(4) If the employer decides that its
employees will enter permit spaces, the employer shall develop and implement a
written permit space program that complies with this section. The written
program shall be available for inspection by employees and their authorized
representatives.
(5) An employer
may use the alternate procedures specified in subsection (c)(5)(B) for entering
a permit space under the conditions set forth in subsection (c)(5)(A).
(A) An employer whose employees enter a
permit space need not comply with subsections (d) through (f) and (h) through
(k), provided that:
1. The employer can
demonstrate that the only hazard posed by the permit space is an actual or
potential hazardous atmosphere;
2.
The employer can demonstrate that continuous forced air ventilation alone is
sufficient to maintain that permit space safe for entry;
3. The employer develops monitoring and
inspection data that supports the demonstrations required by subsections
(c)(5)(A)1. and 2.;
4. If an
initial entry of the permit space is necessary to obtain the data required by
subsection (c)(5)(A)3., the entry is performed in compliance with subsections
(d) through (k);
5. The
determinations and supporting data required by subsections (c)(5)(A)1., 2. and
3. are documented by the employer and are made available to each employee who
enters the permit space under the terms of subsection (c)(5) or to that
employee's authorized representative; and
6. Entry into the permit space under the
terms of subsection (c)(5)(A) is performed in accordance with the requirements
of subsection (c)(5)(B).
NOTE: See subsection (c)(7) for reclassification of a
permit space after all hazards within the space have been
eliminated.
(B)
The following requirements apply to entry into permit spaces that meet the
conditions set forth in subsection (c)(5)(A).
1. Any conditions making it unsafe to remove
an entrance cover shall be eliminated before the cover is removed.
2. When entrance covers are removed, the
opening shall be promptly 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.
3. Before an
employee enters the space, the internal atmosphere shall be tested, with a
calibrated direct-reading instrument, for the following conditions in the order
given:
a. Oxygen content,
b. Flammable gases and vapors, and
c. Potential toxic air
contaminants.
4. There
may be no hazardous atmosphere within the space whenever any employee is inside
the space.
5. Continuous forced air
ventilation shall be used, as follows:
a. An
employee may not enter the space until the forced air ventilation has
eliminated any hazardous atmosphere;
b. The forced air ventilation shall be so
directed as to ventilate the immediate areas where an employee is or will be
present within the space and shall continue until all employees have left the
space;
c. The air supply for the
forced air ventilation shall be from a clean source and may not increase the
hazards in the space.
6.
The atmosphere within the space shall be periodically tested as necessary to
ensure that the continuous forced air ventilation is preventing the
accumulation of a hazardous atmosphere.
7. If a hazardous atmosphere is detected
during entry:
a. Each employee shall leave the
space immediately;
b. The space
shall be evaluated to determine how the hazardous atmosphere developed;
and
c. Measures shall be
implemented to protect employees from the hazardous atmosphere before any
subsequent entry takes place.
8. The employer shall verify that the space
is safe for entry and that the pre-entry measures required by subsection
(c)(5)(B) 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 shall be made before entry and shall be made
available to each employee entering the space or to that employee's authorized
representative.
9. Any employee who
enters the space, or that employee's authorized representative, shall be
provided an opportunity to observe the pre-entry testing required by
subsections (c)(5)(B)3. and 6.
(6) When there are changes in the use or
configuration of a non-permit confined space that might increase the hazards to
entrants, the employer shall reevaluate that space and, if necessary,
reclassify it as a permit-required confined space.
(7) A space classified by the employer as a
permit-required confined space may be reclassified as a non-permit confined
space under the following procedures:
(A) If
the permit space poses no actual or potential atmospheric hazards and if all
hazards within the space are eliminated without entry into the space, the
permit space may be reclassified as a non-permit confined space for as long as
the non-atmospheric hazards remain eliminated.
(B) If it is necessary to enter the permit
space to eliminate hazards, such entry shall be performed under subsections (d)
through (k). If testing and inspection during that entry demonstrate that the
hazards within the permit space have been eliminated, the permit space may be
reclassified as a non-permit confined space for as long as the hazards remain
eliminated.
NOTE: Control of atmospheric hazards through forced air
ventilation does not constitute elimination of the hazards. Subsection (c)(5)
covers permit space entry where the employer can demonstrate that forced air
ventilation alone will control all hazards in the space.
(C) The employer shall document the basis for
determining that all hazards in a permit space have been eliminated through a
certification that contains the date, the location of the space, and the
signature of the person making the determination. The certification shall be
made available to each employee entering the space or to that employee's
authorized representative.
(D) If
hazards arise within a permit space that has been declassified to a non-permit
space under subsection (c)(7), each employee in the space shall exit the space.
The employer shall then reevaluate the space and determine whether it must be
reclassified as a permit space, in accordance with other applicable provisions
of this section.
(8) When
an employer (host employer) arranges to have employees of another employer
(contractor) perform work that involves permit space entry or confined space
entries covered by sections
5158 or
8355, the host employer shall:
(A) Inform the contractor that the workplace
contains permit spaces and that permit space entry is allowed only through
compliance with a permit space program meeting the requirements of this
section, section
5158 or section
8355, depending on which section
applies to the contractor;
(B)
Apprise the contractor of the elements, including the hazards identified and
the host employer's experience with the space, that make the space in question
a permit space;
(C) Apprise the
contractor of any precautions or procedures that the host employer has
implemented for the protection of employees in or near permit spaces where
contractor personnel will be working;
(D) Coordinate entry operations with the
contractor, when both host employer personnel and contractor personnel will be
working in or near permit spaces, as required by subsection (d)(11);
and
(E) Debrief the contractor at
the conclusion of the entry operations regarding the permit spaced program
followed and regarding any hazards confronted or created in permit spaces
during entry operations.
(9) In addition to complying with the permit
space requirements that apply to all employers, each contractor who is retained
to perform permit space entry operations shall:
(A) Obtain any available information
regarding permit space hazards and entry operations from the host
employer;
(B) Coordinate entry
operations with the host employer, when both host employer personnel and
contractor personnel will be working in or near permit spaces, as required by
subsection (d)(11); and
(C) Inform
the host employer of the permit space program that the contractor will follow
and of any hazards confronted or created in permit spaces, either through a
debriefing or during the entry operation.
(d) Permit-required confined space program
(permit space program). Under the permit required confined space program
required by subsection (c)(4), the employer shall:
(1) Implement the measures necessary to
prevent unauthorized entry;
(2)
Identify and evaluate the hazards of permit spaces before employees enter
them;
(3) Develop and implement the
means, procedures, and practices necessary for safe permit space entry
operations, including, but not limited to, the following:
(A) Specifying acceptable entry
conditions;
(B) Isolating the
permit space;
(C) Purging,
inerting, flushing, or ventilating the permit space as necessary to eliminate
or control atmospheric hazards;
(D)
Providing pedestrian, vehicle, or other barriers as necessary to protect
entrants from external hazards; and
(E) Verifying that conditions in the permit
space are acceptable for entry throughout the duration of an authorized
entry.
(4) Provide the
following equipment (specified in subsections (A) through (I), below) at no
cost to employees, maintain that equipment properly, and ensure that employees
use that equipment properly:
(A) Testing and
monitoring equipment needed to comply with subsection (d)(5);
(B) Ventilating equipment needed to obtain
acceptable entry conditions;
(C)
Communications equipment necessary for compliance with subsections (h)(3) and
(i)(5);
(D) Personal protective
equipment insofar as feasible engineering and work practice controls do not
adequately protect employees;
(E)
Lighting equipment needed to enable employees to see well enough to work safely
and to exit the space quickly in an emergency;
(F) Barriers and shields as required by
subsection (d)(3)(D);
(G)
Equipment, such as ladders, needed for safe ingress and egress by authorized
entrants;
(H) Rescue and emergency
equipment needed to comply with subsection (d)(9), except to the extent that
the equipment is provided by rescue services; and
(I) Any other equipment necessary for safe
entry into and rescue from permit spaces.
(5) Evaluate permit space conditions as
follows when entry operations are conducted:
(A) Test conditions in the permit space to
determine if acceptable entry conditions exist before entry is authorized to
begin, except that, if isolation of the space is infeasible because the space
is large or is part of a continuous system (such as a sewer), pre-entry testing
shall be performed to the extent feasible before entry is authorized and, if
entry is authorized, entry conditions shall be continuously monitored in the
areas where authorized entrants are working;
(B) Test or monitor the permit space as
necessary to determine if acceptable entry conditions are being maintained
during the course of entry operations, and
(C) When testing for atmospheric hazards,
test first for oxygen, then for combustible gases and vapors, and then for
toxic gases and vapors.
(D) Provide
each authorized entrant or that employee's authorized representative an
opportunity to observe the pre-entry and any subsequent testing or monitoring
of permit spaces;
(E) Reevaluate
the permit space in the presence of any authorized entrant or that employee's
authorized representative who requests that the employer conduct such
reevaluation because the entrant or representative has reason to believe that
the evaluation of that space may not have been adequate;
(F) Immediately provide each authorized
entrant or that employee's authorized representative with the results of any
testing conducted in accord with subsection (d).
NOTE: Atmospheric testing conducted in accordance with
Appendix B would be considered as satisfying the requirements of this
subsection. For permit space operations in sewers, atmospheric testing
conducted in accordance with Appendix B, as supplemented by Appendix E, would
be considered as satisfying the requirements of this
subsection,
(6)
Provide at least one attendant outside the permit space into which entry is
authorized for the duration of entry operations;
NOTE: Attendants may be assigned to monitor more than
one permit space provided the duties described in subsection (i) can be
effectively performed for each permit space that is monitored. Likewise,
attendants may be stationed at any location outside the permit space to be
monitored as long as the duties described in subsection (i) can be effectively
performed for each permit space that is monitored.
(7) If multiple spaces are to be monitored by
a single attendant, include in the permit program the means and procedures to
enable the attendant to respond to an emergency affecting one or more of the
permit spaces being monitored without distraction from the attendant's
responsibilities under subsection (i);
(8) Designate the persons who are to have
active roles (as, for example, authorized entrants, attendants, entry
supervisors, or persons who test or monitor the atmosphere in a permit space)
in entry operations, identify the duties of each such employee, and provide
each such employee with the training required by subsection (g);
(9) Develop and implement procedures for
rescuing entrants from permit spaces, for providing necessary emergency
services to rescued employees, for summoning additional rescue and emergency
services, and for preventing unauthorized personnel from attempting a
rescue;
(10) Develop and implement
a system for the preparation, issuance, use, and cancellation of entry permits
as required by this section;
(11)
Develop and implement procedures to coordinate entry operations when employees
of more than one employer are working simultaneously as authorized entrants in
a permit space, so that employees of one employer do not endanger the employees
of any other employer. If the requirements of sections
5158 or
8355 apply to one or more of the
other employers, then the procedures shall also ensure coordination with those
employers, so as not to endanger any exposed employees;
(12) Develop and implement procedures (such
as closing off a permit space and canceling the permit) necessary for
concluding the entry after entry operations have been completed;
(13) Review entry operations when the
employer has reason to believe that the measures taken under the permit space
program may not protect employees and revise the program to correct
deficiencies found to exist before subsequent entries are authorized; and
NOTE: Examples of circumstances requiring the review of
the permit space program are: any unauthorized entry of a permit space, the
detection of a permit space hazard not covered by the permit, the detection of
a condition prohibited by the permit, the occurrence of an injury or near-miss
during entry, a change in the use or configuration of a permit space, and
employee complaints about the effectiveness of the program.
(14) Review the permit space program, using
the canceled permits retained under subsection (e)(6) within 1 year after each
entry and revise the program as necessary, to ensure that employees
participating in entry operations are protected from permit space hazards.
NOTE: 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.
Appendix C presents examples of permit space programs
that are considered to comply with the requirements of subsection
(d).
(e) Permit
system.
(1) Before entry is authorized, the
employer shall document the completion of measures required by subsection
(d)(3) by preparing an entry permit.
NOTE: Appendix D presents examples of permits whose
elements are considered to comply with the requirements of this
section.
(2) Before entry
begins, the entry supervisor identified on the permit shall sign the entry
permit to authorize entry.
(3) The
completed permit shall be made available at the time of entry to all authorized
entrants or their authorized representatives, by posting it at the entry portal
or by any other equally effective means, so that the entrants can confirm that
pre-entry preparations have been completed.
(4) The duration of the permit may not exceed
the time required to complete the assigned task of job identified on the permit
in accordance with subsection (f)(2).
(5) The entry supervisor shall terminate
entry and cancel the entry permit when:
(A)
The entry operations covered by the entry permit have been completed;
or
(B) A condition that is not
allowed under the entry permit arises in or near the permit
space.
(6) The employer
shall retain each canceled entry permit for at least 1 year to facilitate the
review of the permit space program required by subsection (d)(14). Any problems
encountered during an entry operation shall be noted on the pertinent permit so
that appropriate revisions to the permit space program can be
made.
(f) Entry permit.
The entry permit that documents compliance with this section and authorizes
entry to a permit space shall identify:
(1)
The permit space to be entered;
(2)
The purpose of the entry;
(3) The
date and the authorized duration of the entry permit;
(4) The authorized entrants within the permit
space, by name or by such other means (for example, through the use of rosters
or tracking systems) as will enable the attendant to determine quickly and
accurately, for the duration of the permit, which authorized entrants are
inside the permit space;
NOTE: This requirement may be met by inserting a
reference on the entry permit as to the means used, such as roster or tracking
systems, to keep track of the authorized entrants within the permit
space.
(5) The personnel, by
name, currently serving as attendants;
(6) The individual, by name, currently
serving as entry supervisor, with a space for the signature or initials of the
entry supervisor who originally authorized entry;
(7) The hazards of the permit space to be
entered;
(8) The measures used to
isolate the permit space and to eliminate or control permit space hazards
before entry;
NOTE: Those measures can include the lockout or tagging
of equipment and procedures for purging, inerting, ventilating, and flushing
permit spaces.
(9) The
acceptable entry conditions;
(10)
The results of initial and periodic tests performed under subsection (d)(5)
accompanied by the names or initials of the testers and by an indication of
when the tests were performed;
(11)
The rescue and emergency services that can be provided on-site and additional
service that can be summoned and the means such as the equipment to use and the
numbers to call) for summoning those services;
(12) The communication procedures used by
authorized entrants and attendants to maintain contact during the
entry;
(13) Equipment, such as
personal protective equipment, testing equipment, communications equipment,
alarm systems, and rescue equipment, to be provided for compliance with this
section;
(14) Any other information
whose inclusion is necessary, given the circumstances of the particular
confined space, in order to ensure employee safety, and
(15) Any additional permits, such as for hot
work, that have been issued to authorize work in the permit
space.
(g) Training.
(1) The employer shall provide training so
that all employees whose work is regulated by this section acquire the
understanding, knowledge, and skills necessary for the safe performance of the
duties assigned under this section.
(2) Training shall be provided to each
affected employee:
(A) Before the employee is
first assigned duties under this section;
(B) Before there is a change in assigned
duties;
(C) Whenever there is a
change in permit space operations that presents a hazard about which an
employee has not previously been trained;
(D) Whenever the employer has reason to
believe either that there are deviations from the permit space entry procedures
required by subsection (d)(3) or that there are inadequacies in the employee's
knowledge or use of these procedures.
(3) The training shall establish employee
proficiency in the duties required by this section and shall introduce new or
revised procedures, as necessary, for compliance with this section.
(4) The employer shall certify that the
training required by subsections (g)(1) through (g)(3) has been accomplished.
The certification shall contain each employee's name, the signatures or
initials of the trainers, and the dates of training. The certification shall be
available for inspection by employees and their authorized
representatives.
(h)
Duties of authorized entrants. The employer shall ensure that all authorized
entrants:
(1) Know the hazards that may be
faced during entry, including information on the mode, signs or symptoms, and
consequences of the exposure;
(2)
Properly use equipment as required by subsection (d)(4);
(3) Communicate with the attendant as
necessary to enable the attendant to monitor entrant status and to enable the
attendant to alert entrants of the need to evacuate the space as required by
subsection (i)(6);
(4) Alert the
attendant whenever:
(A) The entrant recognizes
any warning sign or symptom of exposure to a dangerous situation, or
(B) The entrant detects a prohibited
condition; and
(5) Exit
from the permit space as quickly as possible whenever:
(A) An order to evacuate is given by the
attendant or the entry supervisor,
(B) The entrant recognizes any warning sign
or symptom of exposure to a dangerous situation,
(C) The entrant detects a prohibited
condition, or
(D) An evacuation
alarm is activated.
(i) Duties of attendants. The employer shall
ensure that each attendant:
(1) Knows the
hazards that may be faced during entry, including information on the mode,
signs or symptoms, and consequences of the exposure;
(2) Is aware of possible behavioral effects
of hazard exposure in authorized entrants;
(3) Continuously maintains an accurate count
of authorized entrants in the permit space and ensures that the means used to
identify authorized entrants under subsection (f)(4) accurately identifies who
is in the permit space;
(4) Remains
outside the permit space during entry operations until relieved by another
attendant;
NOTE: When the employer's permit entry program allows
attendant entry for rescue, attendants may enter a permit space to attempt a
rescue if they have been trained and equipped for rescue operations as required
by subsection (k)(1) and if they have been relieved as required by subsection
(i)(4).
(5) Communicates
with authorized entrants as necessary to monitor entrant status and to alert
entrants of the need to evacuate the space under subsection (i)(6);
(6) Monitors activities inside and outside
the space to determine if it is safe for entrants to remain in the space and
orders the authorized entrants to evacuate the permit space immediately under
any of the following conditions;
(A) If the
attendant detects a prohibited condition;
(B) If the attendant detects the behavioral
effects of hazards exposure in an authorized entrant;
(C) If the attendant detects a situation
outside the space that could endanger the authorized entrants; or
(D) If the attendant cannot effectively and
safely perform all the duties required under subsection
(i);
(7) Initiate on-site
rescue procedures and, if necessary, summon additional rescue and other
emergency services as soon as the attendant determines that authorized entrants
may need assistance to escape from permit space hazards;
(8) Takes the following actions when
unauthorized persons approach or enter a permit space while entry is underway:
(A) Warn the unauthorized persons that they
must stay away from the permit space;
(B) Advise the unauthorized persons that they
must exit immediately if they have entered the permit space; and
(C) Inform the authorized entrants and the
entry supervisor if unauthorized persons have entered the permit
space;
(9) Performs
non-entry rescues or other rescue services as part of the employer's on-site
rescue procedure; and
(10) Performs
no duties that might interfere with the attendant's primary duty to monitor and
protect the authorized entrants.
(j) Duties of entry supervisors. The employer
shall ensure that each entry supervisor:
(1)
Knows the hazards that may be faced during entry, including information on the
mode, signs or symptoms, and consequences of the exposure;
(2) Verifies, by checking that the
appropriate entries have been made on the permit, that all tests specified by
the permit have been conducted and that all procedures and equipment specified
by the permit are in place before endorsing the permit and allowing entry to
begin;
(3) Terminates the entry and
cancels the permit as required by subsection (e)(5);
(4) Verifies that rescue services are
available and that the means for summoning additional services are
operable;
(5) Removes unauthorized
individuals who enter or who attempt to enter the permit space during entry
operations; and
(6) Determines,
whenever responsibility for a permit space entry operation is transferred and
at intervals dictated by the hazards and operations performed within the space,
that entry operations remain consistent with terms of the entry permit and that
acceptable entry conditions are maintained.
(k) Rescue and emergency services. The
employer shall ensure that at least one standby person at the site is trained
and immediately available to perform rescue and emergency services.
(1) The following requirements apply to
employers who have employees enter permit spaces to perform rescue services.
(A) The employer shall ensure that each
member of the rescue service is provided with, and is trained to use properly,
the personal protective equipment and rescue equipment necessary for making
rescues from permit spaces.
(B)
Each member of the rescue service shall be trained to perform the assigned
rescue duties. Each member of the rescue service shall also receive the
training required of authorized entrants under subsections (g) and
(h).
(C) Each member of the rescue
service shall 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.
(D) Each member of the rescue service shall
be trained in basic first-aid and in cardiopulmonary resuscitation (CPR). At
least one member of the rescue service holding current certification in first
aid and in CPR shall be available.
(2) When an employer (host employer) arranges
to have persons other than the host employer's employees perform permit space
rescue, the host employer shall:
(A) Inform
the rescue service of the hazards they may confront when called on to perform
rescue at the host employer's facility, and
(B) Provide the rescue service 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.
(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.
(A) Each authorized entrant
shall use a chest or full body harness, with a retrieval line attached at a
suitable point so that when rescued, the entrant presents the smallest possible
profile (for example at the center of the entrant's back near shoulder level,
or above the entrant's head). Wristlets may be used in lieu of the chest of
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.
(B) 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
deep.
(4) If an injured
entrant is exposed to a substance for which a Safety Data Sheet (SDS) or other
similar written information is required to be kept at the worksite, that SDS or
written information shall be made available to the medical facility treating
the exposed entrant.
(l)
Employee participation.
(1) Employers shall
consult with affected employees and their authorized representatives on the
development and implementation of all aspects of the permit space program
required by subsection (c).
(2)
Employers shall make available to affected employees and their authorized
representatives all information required to be developed by this
section.
(m) Appendices.
Appendices A through E serve to provide information and non-mandatory
guidelines to assist employers and employees in complying with the appropriate
requirements of this section.
1.
Repealer and new section filed 11-24-93; operative 12-24-93 (Register 93, No.
48). For prior history, see Register 79, No. 36.
2. Editorial
correction of printing error in subsections (d)(5)(C), (i)(8)(B) and (j)
(Register 94, No. 29).
3. Editorial correction of subsection
(k)(1)(C) (Register 97, No. 23).
4. Editorial correction of
subsection (b)(3) (Register 99, No. 10).
5. Amendment of subsections
(c)(5)(A)5., (c)(5)(B)8., (c)(7)(C), (e)(3) and (k)(1)(B), new subsections
(c)(5)(B)9., (d)(5)(D)-(F) and (l)-(l)(2) and subsection relettering filed
7-13-99; operative 7-13-99. Submitted to OAL for printing only pursuant to
Labor Code section
142.3(a)(3)
(Register 99, No. 29).
6. Amendment of subsection (b)--Testing filed
3-23-2000; operative 4-22-2000 (Register 2000, No. 12).
7. Amendment
of subsections (c)(2)-(c)(3), (c)(8)-(c)(8)(A) and (d)(11) filed 4-25-2001;
operative 5-25-2001 (Register 2001, No. 17).
8. Amendment of
subsection (b)(5)--NOTE and subsection (k)(4) filed 5-5-2014; operative
5-6-2014 pursuant to Government Code section
11343.4(b)(3)
(Register 2014, No. 19).
Note: Authority cited: Section
142.3, Labor
Code. Reference: Section
142.3, Labor
Code.
