Safety Tidbit #6 - Confined Spaces

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.