Seven confined-space permit and rescue questions

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

July 2, 1993

Mr. George S. Kennedy, CSP
Director of Safety
National Utility Contractors Association
[Recipient address omitted]
Dear Mr. Kennedy:

Thank you for your letter of April 7, to Art Buchanan, OSHA - General Industry Compliance Assistance. You made seven specific requests for interpretation regarding the Permit-Required Confined Space (PRCS) standard 1910.146. This response follows the question sequence which is reflected in your letter.

1. Paragraph (c)(5) of the standard addresses alternative procedures for working in permit-required confined spaces (permit spaces) which contain only actual or potential atmospheric hazards that can be controlled through the continuous application of mechanical ventilation alone. Paragraph (c)(7) is an option afforded employers who have permit spaces that can be reclassified as non-permit-required confined spaces because the identified hazards can be eliminated; that is, no on-going measures are needed to keep the space free of a hazard.

2. Fall protection must always be employed when there is a fall hazard. Specific fall protection requirements were not included in the PRCS standard because fall hazards are addressed by other existing standards.

3. Paragraph 1910.146(k)(3) does not prohibit an employer from fabricating a mechanical device for retrieval. Response 4 below provides additional guidance for the design and construction of mechanical devices.

4. Yes, the mechanical device used for emergency rescue must be designed and rated for human use. The standard specifies in paragraph 1910.146(k)(3)(ii) that the retrieval equipment must be designed for personnel. The performance-oriented nature of the standard allows flexibility as to the design specifications of the retrieval equipment itself. OSHA accepts certification by manufacturers as well as listing (as being tested) by Nationally Recognized Testing Laboratory (NRTL). An employer may design, manufacture, test, and certify (for example by a registered professional engineer) mechanical devices used for retrieval of personnel from a vertical space.

5. The use of a retrieval system is preferred for all entries to facilitate non-entry rescue. However, the standard does not require use of a retrieval system if the retrieval equipment would increase the overall risk related to permit space entry or would not contribute to the rescue of the entrant.

6. The standard does not require that an employer verify the training of outside rescue service members. However, paragraph [(k)(2)], which applies to all employers who have employees enter spaces to perform rescue, requires that rescue service employees be adequately trained. All employers, through their obligation under the Occupational Safety and Health Act, must assure that the protections afforded employees under the Act are maintained.

~~7. Attendants who perform non-entry rescue are not required by (k)(2) to be trained in basic first aid or CPR. However, under paragraph (d)(9) the employer must develop and implement procedures for providing necessary emergency services to rescued employees. Basic first-aid and CPR are considered to be part of necessary emergency services. Therefore, where non-entry rescue is utilized, the employer would either train the attendant or arrange to have trained personnel summoned to provide CPR or first aid for entrant.~~

[This document was edited on 02/15/99 to strike information that no longer reflects current OSHA policy.]

If you have further questions on these points please contact Art Buchanan or Don Kallstrom by telephoning (202) 219-8031.

Sincerely,
Roger A. Clark, Director
Directorate of Compliance Programs

[Requester letter reproduced on OSHA page; omitted here.]