How many times have you asked a
client if they have any permit required confined spaces? The easy answers are
no and yes. However, what about the client “yes-but” answers or “no-but”
answers? For instance, “yes-but” we contract the maintenance work out or
“no-but” we lock out the energy sources first or “no-but” we only partially
enter the space to do maintenance. These answers bring up the subtleties of the
confined space standard and lead to a very important consideration that all
employers with PRCSs must be ready for – rescue.
First the “yes-but” we contract the
work out as the employer still has much to do.
In accordance with 1910.146(c)(8): When an employer (host employer)
arranges to have employees of another employer (contractor) perform work that involves
permit space entry, the host employer shall:
1. 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;
2. Apprise the
contractor of the elements, including the hazards identified and the host
employer's experience with the confined space, that make it a permit-required
space;
3. 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;
4. 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
paragraph (d)(11) of this section; and
5. Debrief the
contractor at the conclusion of the entry operations regarding the permit space
program followed and regarding any hazards confronted or created in permit
spaces during entry operations.
As you can see if a contract worker gets injured while
entering a host employer's PRCS they host still maintains accountability.
So what about the “no-but”
answers? "No-but" we lock the
energy sources out. The entry into the space is a modified PRCS entry. Once the authorized entrant completes the
Lockout-Tagout procedure, essentially the space becomes just a confined space,
and no permit is necessary as there is no hazard inside to monitor or cause the
entrant to become injured. Prudent
practice and good leadership urge the employer to ensure the supervisor is
aware and readily available should something go wrong.
Or what about the “no-but” answer -
we only partially entering the confined space? OSHA defines entry as 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. Furthermore, in 1999, OSHA interpreted the term
“body” in its definition to include extremities. Therefore, even if only the
arm breaks the plane of the space the employer must take appropriate
precautions to protect the worker.
You can see the employer never
relinquishes accountability for their confined space. Diligence on their part is key. They need to
verify activities with contractors. Ensure supervisors actively participate
when their workers enter or work near PRCSs (1910.146(j)). And ultimately, verify that appropriate rescue methods are
known (1910.146(k)(1)(iii)(A)), available(1910.146(j)(4)) and tested
(1910.146(k)(1)(i)) regardless of how far into a permit-required confined space
a worker must go.
