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Directives
CPL 02-00-035 - CPL 2.35 CH-23 - Changes to the Regulatory and General Industry Standard Alleged Violation Elements (SAVEs) Manual.

Directives - Table of Contents Directives - Table of Contents
• Record Type: Instruction
• Directive Number: CPL 02-00-035
• Old Directive Number: CPL 2.35 CH-23
• Title: Changes to the Regulatory and General Industry Standard Alleged Violation Elements (SAVEs) Manual.
• Information Date: 06/21/1993
• Standard Number: 1910.146

OSHA Instruction CPL 2.35 CH-23 June 21, 1993 Office of General Industry Compliance Assistance

Subject: Changes to the Regulatory and General Industry Standard Alleged Violation Elements (SAVEs) Manual

A. Purpose. This instruction transmits revised and new pages to the Regulatory and General Industry SAVEs Manual for Permit-Required Confined Spaces for General Industry.

B. Scope. This instruction applies OSHA-wide.

C. Action. Regional Administrators and Area Directors shall ensure that all compliance personnel:

1. Make the following page changes to the Regulatory and General Industry (SAVEs) Manual:

Remove Pages Insert Pages

175-175.1 174.21 through 174.62
175 through 175.1
2. File a copy of this transmittal sheet behind OSHA Instruction CPL 2.35 CH-22 in the appropriate OSHA Directives System binder.

D. Background. The Final Rule, 29 CFR 1910.146, Permit- Required Confined Spaces for General Industry, was published in the Federal Register, Vol.58, No. 9, January 14, 1993.

OSHA Instruction CPL 2.35 CH-23 June 21, 1993 Office of General Industry Compliance Assistance

E. State Plan States. Regional Administrators shall advise State designees of the action required by this instruction and encourage their participation in the SAVEs program.

Roger A. Clark, Director Directorate of Compliance Program

DISTRIBUTION: National, Regional, and Area Offices Compliance Officers State Designees Area Office Clericals 11(c)/405 Programs NIOSH Regional Program Directors

2

1 29 CFR 1910.145(c)(3): Safety instruction sign(s) were not used where there was a need for general instructions and suggestions relative to safety measure(s):

(a) (LOCATION) (OPERATIONS AND/OR HAZARD(S) REQUIRING SIGN)

2 29 CFR 1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: A sign reading "DANGER-PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER" or using other similar language would satisfy the requirement for a sign.

OPTION 1 4 29 CFR 1910.146(c)(3): When the employer decided its employees would not enter permit spaces, the employer did not take effective measures to prevent its employees from entering the permit spaces:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 5 29 CFR 1910.146(c)(3): When the employer decided that its employees would not enter permit spaces, the employer did not comply with 29 CFR 1910.146(c)(1), 29 CFR 1910.146(c)(2), 29 CFR 1910.146(c)(6), and 29 CFR 1910.146(c)(8):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.21

OPTION 1 1 29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1910.146(c)(4): The written permit space entry program was not available for inspection by employees and their authorized representatives:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(c)(5)(i)(A): When the employer used the alternate procedures specified in 29 CFR 1910.146(c)(5)(ii) for entering a permit space, the employer could not demonstrate that the only hazard posed by the permit space was an actual or potential hazardous atmosphere:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(c)(5)(i)(B): When the employer used the alternate procedures specified in 29 CFR 1910.146(c)(5)(ii) for entering a permit space, the employer could not demonstrate that continuous forced air ventilation alone was sufficient to maintain that permit space safe for entry:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1910.146(c)(5)(i)(C): When the employer used the alternate procedures specified in 29 CFR 1910.146(c)(5)(ii) for entering a permit space, the employer did not develop monitoring and inspection data that supported the demonstrations required by 29 CFR 1910.146(c)(5)(i)(A) and 29 CFR 1910.146(c)(5)(i)(B):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.22

1 29 CFR 1910.146(c)(5)(i)(D): When the employer used the alternate procedures specified in 29 CFR 1910.146(c)(5)(ii) for entering a permit space, and an initial entry of the permit space was necessary to obtain the data required by 29 CFR 1910.146(c)(5)(i)(C), the entry was not performed in compliance with 29 CFR 1910.146(d) through 29 CFR 1910.146(k):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1910.146(c)(5)(i)(E): The determinations and supporting data required by 29 CFR 1910.146(c)(5)(i)(A), 29 CFR 1910.146(c)(5)(i)(B), and 29 CFR 1910.146 (c)(5)(i)(C) were not documented by the employer and were not made available to each employee who entered the permit space under the terms of 29 CFR 1910.146(c)(5):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1910.146(c)(5)(i)(E): The determinations and supporting data required by 29 CFR 1910.146(c)(5)(i)(A), 29 CFR 1910.146(c)(5)(i)(B), and 29 CFR 1910.146 (c)(5)(i)(C) were not made available to each employee who entered the permit space under the terms of 29 CFR 1910.146(c)(5):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.23

1 29 CFR 1910.146(c)(5)(i)(F): Entry into the permit space under the terms of 29 CFR 1910.146(c)(5)(i) was not performed in accordance with the requirements of 29 CFR 1910.146(c)(5)(ii):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: See 29 CFR 1910.146(c)(7) for reclassification of a permit space after all hazards within the space have been eliminated. When citing this section, also include at least one of 29 CFR 1910.146(c)(5)(ii)(A)-(H) in the citation.

2 29 CFR 1910.146(c)(5)(ii)(A): Any conditions making it unsafe to remove an entrance cover were not eliminated before the cover was removed:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(c)(5)(ii)(B): When an entrance cover was removed, the opening was not promptly guarded by a railing, temporary cover, or other temporary barrier that would prevent an accidental fall through the opening and that would protect each employee working in the space from foreign objects entering the space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1910.146(c)(5)(ii)(C): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but before an employee entered the space, the internal atmosphere was not tested with a calibrated direct-reading instrument for oxygen content:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.24

OPTION 2 1 29 CFR 1910.146(c)(5)(ii)(C): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but before an employee entered the space, the internal atmosphere was not tested with a calibrated direct-reading instrument for flammable gases and vapors:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 2 29 CFR 1910.146(c)(5)(ii)(C): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but before an employee entered the space, the internal atmosphere was not tested with a calibrated direct-reading instrument for potential toxic air contaminants:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(c)(5)(ii)(D): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but there was a hazardous atmosphere within the space while an employee was inside the space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(c)(5)(ii)(E)(1): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but continuous forced air ventilation was not used to eliminate any hazardous atmosphere prior to allowing an employee to enter the space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.25

1 29 CFR 1910.146(c)(5)(ii)(E)(2): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but the forced air ventilation was not so directed as to ventilate the immediate areas where an employee was or would be present within the space and did not continue until all employees had left the space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1910.146(c)(5)(ii)(E)(3): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but the air supply for the forced air ventilation was not from a clean source:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1910.146(c)(5)(ii)(E)(3): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but the air supply for the forced air ventilation increased the hazards in the space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(c)(5)(ii)(F): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but the atmosphere within the space was not periodically tested to ensure that the continuous forced air ventilation was preventing the accumulation of a hazardous atmosphere:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.26

1 29 CFR 1910.146(c)(5)(ii)(G)(1): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but when a hazardous atmosphere was detected during entry, each employee did not leave the space immediately:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(c)(5)(ii)(G)(2): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but when a hazardous atmosphere was detected during entry, the space was not evaluated to determine how the hazardous atmosphere developed:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(c)(5)(ii)(G)(3): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but when a hazardous atmosphere was detected during entry, measures were not implemented to protect employees from the hazardous atmosphere before any subsequent entry took place:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1910.146(c)(5)(ii)(H): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but the employer did not verify that the space was safe for entry and that the measures required by 29 CFR 1910.146(c)(5)(ii) had been taken through a written certification that contained the date, the location of the space, and the signature of the person providing the certification:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.27

OPTION 2 1 29 CFR 1910.146(c)(5)(ii)(H): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but a written certification was not made before entry that the measures required by 29 CFR 1910.146(c)(5)(ii) had been taken:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 2 29 CFR 1910.146(c)(5)(ii)(H): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i) but the written certification was not made available to each employee entering the space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(c)(6): When there were changes in the use or configuration of a non-permit confined space that could increase the hazards to entrants, the employer did not reevaluate that space and, when necessary, reclassify it as a permit-required confined space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1910.146(c)(7)(i): A space classified by the employer as a permit-required confined space was reclassified as a non-permit confined space when the permit space posed actual or potential atmospheric hazards:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.28

OPTION 2 1 29 CFR 1910.146(c)(7)(i): A space classified by the employer as a permit-required confined space was reclassified as a non-permit confined space when all hazards within the space were not eliminated without entry into the space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(c)(7)(ii): When it was necessary to enter the permit space to eliminate hazards, such entry was not performed under 29 CFR 1910.146(d) through 29 CFR 1910.146(k):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: Control of atmospheric hazards through forced air ventilation does not constitute elimination of the hazard. 29 CFR 1910.146(c)(5) covers permit space entry where the employer can demonstrate that forced air ventilation alone will control all hazards in the space.

OPTION 1 3 29 CFR 1910.146(c)(7)(iii): The employer did not document the basis for determining that all hazards in a permit space had been eliminated, through a written certification that contained the date, the location of the space, and the signature of the person making the determination:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.29

OPTION 2 1 29 CFR 1910.146(c)(7)(iii): The employer's written certification determining that all hazards in a permit space had been eliminated was not made available to each employee entering the permit space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1910.146(c)(7)(iv): When hazards arose within a permit space that had been declassified to a non-permit space under 29 CFR 1910.146(c)(7), each employee in the space did not exit the space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1910.146(c)(7)(iv): The employer did not reevaluate the non-permit space and determine whether it must be reclassified as a permit space in accordance with other applicable provisions of 29 CFR 1910.146(c)(7):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(c)(8)(i): When an employer arranged to have employees of another employer (contractor) perform work that involved permit space entry, the host employer did not inform the contractor that the workplace contained permit spaces and that permit space entry was allowed only through compliance with a permit space program meeting the requirements of 29 CFR 1910.146(c)(8):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.30

1 29 CFR 1910.146(c)(8)(ii): When an employer arranged to have employees of another employer (contractor) perform work that involved permit space entry, the host employer did not apprise the contractor of the elements, including the hazards identified and the host employer's experience with the space, that made the space in question a permit space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(c)(8)(iii): When an employer arranged to have employees of another employer (contractor) perform work that involved permit space entry, the host employer did not apprise the contractor of any precautions or procedures that the host employer had implemented for the protection of employees in or near permit spaces where contractor personnel would be working:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(c)(8)(iv): When an employer arranged to have employees of another employer (contractor) perform work that involved permit space entry, the host employer did not coordinate entry operations with the contractor, when both host employer personnel and contractor personnel would be working in or near permit spaces as required by 29 CFR 1910.146(d)(11):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.31

1 29 CFR 1910.146(c)(8)(v): When an employer arranged to have employees of another employer (contractor) perform work that involved permit space entry, the host employer did not 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:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(c)(9)(i): Each contractor who was retained to perform permit space entry operations did not obtain any available information regarding permit space hazards and entry operations from the host employer:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(c)(9)(ii): Each contractor who was retained to perform permit space entry operations did not coordinate entry operations with the host employer, when both host employer personnel and contractor personnel would be working in or near permit spaces as required by 29 CFR 1910.146(d)(11):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(c)(9)(iii): Each contractor who was retained to perform permit space entry operations did not inform the host employer of the permit space program that the contractor would follow and of any hazards confronted or created in permit spaces, either through a debriefing or during the entry operation:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.32

1 29 CFR 1910.146(d)(1): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not implement the measures necessary to prevent unauthorized entry:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(d)(2): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(d)(3): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including but not limited to, the requirements specified in 29 CFR 1910.146(d)(3)(i) through 29 CFR 1910.146(d)(3)(v):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(d)(3)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including specifying acceptable entry conditions:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.33

1 29 CFR 1910.146(d)(3)(ii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including isolating the permit space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(d)(3)(iii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including purging, inerting, flushing or ventilating the permit space as necessary to eliminate or control atmospheric hazards:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(d)(3)(iv): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit entry operations, including providing pedestrian, vehicle, or other barriers as necessary to protect entrants from external hazards:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(d)(3)(v): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit entry operations, including verifying that conditions in the permit space were acceptable for entry throughout the duration of an authorized entry:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.34

OPTION 1 1 29 CFR 1910.146(d)(4)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at no cost to the employees testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1910.146(d)(4)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5) was maintained properly:

OPTION 3 3 29 CFR 1910.146(d)(4)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees used the testing and monitoring equipment properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1910.146(d)(4)(ii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at no cost to the employees ventilating equipment needed to obtain acceptable entry conditions:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.35

OPTION 2 1 29 CFR 1910.146(d)(4)(ii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that ventilating equipment was maintained properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 2 29 CFR 1910.146(d)(4)(ii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees used the ventilating equipment properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 3 29 CFR 1910.146(d)(4)(iii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at no cost to the employees communications equipment necessary for compliance with 29 CFR 1910.146(h)(3) and 29 CFR 1910.146(i)(5):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 4 29 CFR 1910.146(d)(4)(iii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that communications equipment was maintained properly:

OPTION 3 5 29 CFR 1910.146(d)(4)(iii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees used the communications equipment properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.36

OPTION 1 1 29 CF 1910.146(d)(4)(iv): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide personal protective equipment insofar as feasible engineering and work practice controls did not adequately protect employees:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1910.146(d)(4)(iv): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at no cost to the employees personal protective equipment:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 3 29 CFR 1910.146(d)(4)(iv): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that personal protective equipment was maintained properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 4 4 29 CFR 1910.146(d)(4)(iv): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees used the personal protective equipment properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.37

OPTION 1 1 29 CFR 1910.146(d)(4)(v): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at no cost to the employees lighting equipment needed to enable employees to see well enough to work safely and to exit the space quickly in an emergency:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1910.146(d)(4)(v): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that lighting equipment needed to enable employees to see well enough to work safely and to exit the space quickly in an emergency was maintained properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 3 29 CFR 1910.146(d)(4)(v): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees properly used the lighting equipment needed to enable employees to see well enough to work safely and to exit the space quickly in an emergency:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1910.146(d)(4)(vi): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at no cost to the employees barriers and shields as required by 29 CFR 1910.146(d)(3)(iv):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.38

OPTION 2 1 29 CFR 1910.146(d)(4)(vi): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that barriers and shields as required by 29 CFR 1910.146(d)(3)(iv) were maintained properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 2 29 CFR 1910.146(d)(4)(vi): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees used barriers and shields properly as required by 29 CFR 1910.146(d)(3)(iv):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 3 29 CFR 1910.146(d)(4)(vii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at no cost to employees equipment, such as ladders, needed for safe ingress and egress by authorized entrants:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 4 29 CFR 1910.146(d)(4)(vii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that equipment, such as ladders, needed for safe ingress and egress by authorized entrants were maintained properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.39

OPTION 3 1 29 CFR 1910.146(d)(4)(vii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that equipment, such as ladders, needed for safe ingress and egress by authorized entrants were used properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1910.146(d)(4)(viii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at no cost to the employees rescue and emergency equipment needed to comply with 29 CFR 1910.146(d)(9):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1910.146(d)(4)(viii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that rescue and emergency equipment needed to comply with 29 CFR 1910.146(d)(9) were maintained properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 4 29 CFR 1910.146(d)(4)(viii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees properly used rescue and emergency equipment needed to comply with 29 CFR 1910.146(d)(9):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.40

OPTION 1 1 29 CFR 1910.146(d)(4)(ix): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at no cost to employees any other equipment necessary for safe entry into and rescue from permit spaces:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1910.146(d)(4)(ix): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that any other equipment necessary for safe entry into and rescue from permit spaces was maintained properly:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 3 29 CFR 1910.146(d)(4)(ix): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees used any other equipment properly which was necessary for safe entry into and rescue from permit spaces:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1910.146(d)(5)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not evaluate permit space conditions when entry operations were conducted by testing conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized to begin:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.41

OPTION 2 1 29 CFR 1910.146(d)(5)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), where the employer had established that isolation of the space was infeasible because the space was large or was part of a continuous system, pre-entry testing was not performed to the extent feasible before entry was authorized, and entry conditions were not continuously monitored in the areas where authorized entrants were working:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(d)(5)(ii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not evaluate permit space conditions when entry operations were conducted by testing or monitoring the permit space as necessary to determine if acceptable entry conditions were being maintained during the course of entry operations:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(d)(5)(iii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), when testing for atmospheric hazards, the employer did not evaluate permit space conditions when entry operations were conducted by testing first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: Atmospheric testing conducted in accordance with Appendix B to 1910.146 would be considered as satisfying the requirements of this paragraph. For permit space operations in sewers, atmospheric testing conducted in accordance with Appendix B, as supplemented by Appendix E to 1910.146, would be considered as satisfying the requirements of this paragraph.

174.42

1 29 CFR 1910.146(d)(6): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: Attendants may be assigned to monitor more than one permit space provided the duties described in 29 CFR 1910.146(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 29 CFR 1910.146(i) can be effectively performed for each permit space that is monitored.

2 29 CFR 1910.146(d)(7): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), where multiple spaces were to be monitored by a single attendant, the employer did not 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 29 CFR 1910.146(i):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(d)(8): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not designate the persons who were to have active roles in entry operations, identify the duties of each such employee, and did not provide each such employee with the training required by 29 CFR 1910.146(g):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.43

1 29 CFR 1910.146(d)(9): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(d)(10): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement a system for the preparation, issuance, use, and cancellation of entry permits as required by 29 CFR 1910.146:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(d)(11): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement procedures to coordinate entry operations when employees of more than one employer were working simultaneously as authorized entrants in a permit space, so that employees of one employer did not endanger the employees of any other employer:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(d)(12): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement procedures necessary for concluding the entry after entry operations had been completed:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.44

1 29 CFR 1910.146(d)(13): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not review entry operations when the employer had reason to believe that the measures taken under the permit space program would not protect employees and did not revise the program to correct deficiencies found to exist before subsequent entries were authorized:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: Examples of circumstances requiring the review of the permit-required confined 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 nearmiss during entry, a change in the use or configuration of a permit space, and employee complaints about the effectiveness of the program.

2 29 CFR 1910.146(d)(14): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not review the permit-required confined space program, using the canceled permits retained under 29 CFR 1910.146(e)(6) within one year after each entry and did not revise the program as necessary, to ensure that employees participating in entry operations were protected from permit space hazards:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
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 to 29 CFR 1910.146 presents examples of permit entry programs that are considered to comply with the requirements of 29 CFR 1910.146(d).

174.45

1 29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: Appendix D to 29 CFR 1910.146 presents examples of permits whose elements are considered to comply with these requirements.

2 29 CFR 1910.146(e)(2): Before entry began, the entry supervisor identified on the permit did not sign the entry permit to authorize entry:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(e)(3): The completed permit was not made available at the time of entry to all authorized entrants, by posting it at the entry portal or by any other equally effective means, so that the entrants could confirm that pre-entry preparations had been completed:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(e)(4): The duration of the permit exceeded the time required to complete the assigned task or job identified on the permit in accordance with 29 CFR 1910.146(f)(2):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1910.146(e)(5)(i): The entry supervisor did not terminate entry and cancel the entry permit when the entry operations covered by the entry permit had been completed:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.46

1 29 CFR 1910.146(e)(5)(ii): The entry supervisor did not terminate the entry and cancel the entry permit when a condition that was not allowed under the entry permit arose in or near the permit space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1910.146(e)(6): The employer did not retain each canceled entry permit for at least one year to facilitate the review of the permit-required confined space program required by 29 CFR 1910.146(d)(14):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1910.146(e)(6): The employer did not note any problems encountered during an entry operation on the pertinent permit so that appropriate revisions to the permit space program could be made:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(f)(1): The entry permit that documented compliance and authorized entry to a permit space did not identify the permit space to be entered:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1910.146(f)(2): The entry permit that documented compliance and authorized entry to a permit space did not identify the purpose of the entry:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.47

1 29 CFR 1910.146(f)(3): The entry permit that documented compliance and authorized entry to a permit space did not identify the date and the authorized duration of the entry permit:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(f)(4): The entry permit that documented compliance and authorized entry to a permit space did not identify 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 would enable the attendant to determine quickly and accurately, for the duration of the permit, which authorized entrants were inside the permit space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: This requirement may be met by inserting a reference on the entry permit as to the means used, such as a roster or tracking system, to keep track of the authorized entrants within the permit space.

3 29 CFR 1910.146(f)(5): The entry permit that documented compliance and authorized entry to a permit space did not identify the personnel, by name, currently serving as attendants:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(f)(6): The entry permit that documented compliance and authorized entry to a permit space did not identify 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:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.48

1 29 CFR 1910.146(f)(7): The entry permit that documented compliance and authorized entry to a permit space did not identify the hazards of the permit space to be entered:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(f)(8): The entry permit that documented compliance and authorized entry to a permit space did not identify the measures used to isolate the permit space and to eliminate or control permit space hazards before entry:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(f)(9): The entry permit that documented compliance and authorized entry to a permit space did not identify the acceptable entry conditions:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(f)(10): The entry permit that documented compliance and authorized entry to a permit space did not identify the results of initial and periodic tests performed under 29 CFR 1910.146(d)(5), accompanied by the names or initials of the testers and by an indication of when the tests were performed:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1910.146(f)(11): The entry permit that documented compliance and authorized entry to a permit space did not identify the rescue and emergency services that could be summoned and the means for summoning those services:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.49

1 29 CFR 1910.146(f)(12): The entry permit that documented compliance and authorized entry to a permit space did not identify the communication procedures used by authorized entrants and attendants to maintain contact during the entry:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(f)(13): The entry permit that documented compliance and authorized entry to a permit space did not identify equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment to be provided:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(f)(14): The entry permit that documented compliance and authorized entry to a permit space did not identify any other information whose inclusion was necessary, given the circumstances of the particular confined space, in order to ensure employee safety:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(f)(15): The entry permit that documented compliance and authorized entry to a permit space did not identify any additional permits, such as for hot work, that had been issued to authorize work in the permit space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146, Permit-required confined spaces, acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.50

1 29 CFR 1910.146(g)(2)(i): The employer did not provide training to each affected employee before the employee was first assigned duties under 29 CFR 1910.146, Permit-required confined spaces:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(g)(2)(ii): The employer did not provide training to each affected employee before there was a change in assigned duties under 29 CFR 1910.146, Permit-required confined spaces:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(g)(2)(iii): The employer did not provide training to each affected employee whenever there was a change in permit space operations that presented a hazard about which an employee had not previously been trained under 29 CFR 1910.146, Permit-required confined spaces:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(g)(2)(iv): The employer did not provide training to each affected employee whenever the employer had reason to believe either that there were deviations from the permit space entry procedures required by 29 CFR 1910.146(d)(3) or that there were inadequacies in the employee's knowledge or use of these procedures:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 19104.146(g)(3): The employer did not provide training that established employee proficiency in the duties required by 29 CFR 1910.146, Permit-required confined spaces, and did not introduce new or revised procedures, as necessary, for compliance:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.51

OPTION 1 1 29 CFR 1910.146(g)(4): The employer did not certify that the training required by 29 CFR 1910.146(g)(1) through 29 CFR 1910.146(g)(3) had been accomplished:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1910.146(g)(4): The employer's certification of the training required by 29 CFR 1910.146(g)(1) through 29 CFR 1910.146(g)(3) did not contain each employee's name, the signatures or initials of the trainers, and the dates of the training:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 3 3 29 CFR 1910.146(g)(4): The employer did not make the training certifications required by 29 CFR 1910.146(g)(1) through 29 CFR 1910.146(g)(3) available for inspection by employees and their authorized representatives:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(h)(1): The employer did not ensure that all authorized entrants knew the hazards that could be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1910.146(h)(2): The employer did not ensure that all authorized entrants properly used equipment as required by 29 CFR 1910.146(d)(4):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.52

1 29 CFR 1910.146(h)(3): The employer did not ensure that all authorized entrants communicated 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 29 CFR 1910.146(i)(6):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(h)(4)(i): The employer did not ensure that all authorized entrants alerted the attendant whenever the entrants recognized any warning sign or symptom of exposure to a dangerous situation:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(h)(4)(ii): The employer did not ensure that all authorized entrants alerted the attendant whenever the entrants detected a prohibited condition:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(h)(5)(i): The employer did not ensure that all authorized entrants exited from the permit space as quickly as possible whenever an order to evacuate was given by the attendant or the entry supervisor:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1910.146(h)(5)(ii): The employer did not ensure that all authorized entrants exited from the permit space as quickly as possible whenever the entrants recognized any warning sign or symptom of exposure to a dangerous situation:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.53

1 29 CFR 1910.146(h)(5)(iii): The employer did not ensure that all authorized entrants exited from the permit space as quickly as possible whenever the entrants detected a prohibited condition:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(h)(5)(iv): The employer did not ensure that all authorized entrants exited from the permit space as quickly as possible whenever an evacuation alarm was activated:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(i)(1): The employer did not ensure that each attendant knew the hazards that could be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(i)(2): The employer did not ensure that each attendant was aware of possible behavioral effects of hazard exposure in authorized entrants:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1910.146(i)(3): The employer did not ensure that each attendant continuously maintained an accurate count of authorized entrants in the permit space and did not ensure that the means used to identify authorized entrants under 29 CFR 1910.146(f)(4) accurately identified who was in the permit space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.54

1 29 CFR 1910.146(i)(4): The employer did not ensure that each attendant remained outside the permit space during entry operations until relieved by another attendant:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
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 29 CFR 1910.146(k)(1) and if they have been relieved as required by 29 CFR 1910.146(i)(4).

2 29 CFR 1910.146(i)(5): The employer did not ensure that each attendant communicated with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space as required under 29 CFR 1910.146(i)(6):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(i)(6)(i): The employer did not ensure that each attendant monitored activities inside and outside the space to determine if it was safe for entrants to remain in the space and ordered the authorized entrants to evacuate the permit space immediately when the attendant detected a prohibited condition:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(i)(6)(ii): The employer did not ensure that each attendant monitored activities inside and outside the space to determine if it was safe for entrants to remain in the space and ordered the authorized entrants to evacuate the permit space immediately when the attendant detected the behavioral effects of hazard exposure in an authorized entrant:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.55

1 29 CFR 1910.146(i)(6)(iii): The employer did not ensure that each attendant monitored activities inside and outside the space to determine if it was safe for entrants to remain in the space and ordered the authorized entrants to evacuate the permit space immediately when the attendant detected a situation outside the space that could endanger the authorized entrants:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(i)(6)(iv): The employer did not ensure that each attendant monitored activities inside and outside the space to determine if it was safe for entrants to remain in the space and ordered the authorized entrants to evacuate the permit space immediately when the attendant could not effectively and safely perform all the duties as required under 29 CFR 1910.146(i):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(i)(7): The employer did not ensure that each attendant summoned rescue and other emergency services as soon as the attendant determined that authorized entrants needed assistance to escape from permit space hazards:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(i)(8)(i): When unauthorized persons approached or entered a permit space while entry was underway, the employer did not ensure that each attendant warned the unauthorized persons that they must stay away from the permit space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.56

1 29 CFR 1910.146(i)(8)(ii): When unauthorized persons entered a permit space while entry was underway, the employer did not ensure that each attendant advised the unauthorized persons that they must exit immediately:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(i)(8)(iii): When unauthorized persons entered a permit space while entry was underway, the employer did not ensure that each attendant informed the authorized entrants and the entry supervisor when unauthorized persons had entered the permit space:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(i)(9): The employer did not ensure that each attendant performed non-entry rescues as specified by the employer's rescue procedure:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(i)(10): The employer did not ensure that each attendant performed no duties that could interfere with the attendant's primary duty to monitor and protect the authorized entrants:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

5 29 CFR 1910.146(j)(1): The employer did not ensure that each entry supervisor knew the hazards that could be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.57

1 29 CFR 1910.146(j)(2): The employer did not ensure that each entry supervisor verified, by checking that the appropriate entries had been made on the permit, that all tests specified by the permit had been conducted and that all procedures and equipment specified by the permit were in place before endorsing the permit and allowing entry to begin:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(j)(3): The employer did not ensure that each entry supervisor terminated the entry and canceled the permit as required by 29 CFR 1910.146(e)(5):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(j)(4): The employer did not ensure that each entry supervisor verified that rescue services were available and that the means for summoning them were operable:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(j)(5): The employer did not ensure that each entry supervisor removed unauthorized individuals who entered or who attempted to enter the permit space during entry operations:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.58

1 29 CFR 1910.146(j)(6): The employer did not ensure that each entry supervisor determined, whenever responsibility for a permit space entry operation was transferred and at intervals dictated by the hazards and operations performed within the space, that entry operations remained consistent with terms of the entry permit and that acceptable entry conditions were maintained:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(k)(1)(i): The employer did not ensure that each member of the rescue service was provided with, and trained to use properly the personal protective equipment and rescue equipment necessary for making rescues from permit spaces:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 1 3 29 CFR 1910.146(k)(1)(ii): The employer did not ensure that each member of the rescue service was trained to perform the assigned rescue duties:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 4 29 CFR 1910.146(k)(1)(ii): The employer did not ensure that each member of the rescue service had received the training required for authorized entrants under 29 CFR 1910.146(g):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.59

1 29 CFR 1910.146(k)(1)(iii): The employer did not ensure that each member of the rescue service had practiced making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they removed dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: 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.

OPTION 1 2 29 CFR 1910.146(k)(1)(iv): The employer did not ensure that each member of the rescue service was trained in basic first-aid and in cardiopulmonary resuscitation (CPR):

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 3 29 CFR 1910.146(k)(1)(iv): The employer did not ensure that at least one member of the rescue service holding current certification in first aid and in CPR was available:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

4 29 CFR 1910.146(k)(2)(i): When persons other than the host employer's employees performed permit space rescue, the host employer did not inform the rescue service of the hazards they could confront when called on to perform rescue at the host employer's facility:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.60

1 29 CFR 1910.146(k)(2)(ii): When persons other than the host employer's employees performed permit space rescue, the host employer did not provide the rescue service with access to all permit spaces from which rescue may be necessary so that the rescue service could develop appropriate rescue plans and practice rescue operations:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1910.146(k)(3): Whenever an authorized entrant entered a permit space to perform rescue services, retrieval systems or methods were not used to facilitate non-entry rescue:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: Unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant.

3 29 CFR 1910.146(k)(3)(i): Each authorized entrant did not use a chest or full body harness, with a retrieval line attached at the center of the entrant's back near shoulder level, or above the entrant's head:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)
NOTE: 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.

174.61

OPTION 1 1 29 CFR 1910.146(k)(3)(ii): An authorized entrant entered a permit space and did not have the other end of the retrieval line attached to a mechanical device or fixed point outside the permit space in such a manner that rescue could begin as soon as the rescuer became aware that rescue was necessary:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

OPTION 2 2 29 CFR 1910.146(k)(3)(ii): Whenever an authorized entrant entered a permit space to perform rescue services, a mechanical device was not available to retrieve personnel from vertical type permit space more than 5 feet (1.524 m) deep:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

3 29 CFR 1910.146(k)(4): Material Safety Data Sheets or other similar written information required to be kept at the worksite were not made available to the medical facility treating entrants exposed to a hazardous substance:

(a) (LOCATION) (SPECIFIC OPERATIONS AND/OR CONDITIONS)

174.62

(Reserved for Future Use)

175

1 29 CFR 1910.147(c)(1): The employer did not establish a program consisting of an energy control procedure and employee training to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, start up or release of stored energy could occur and cause injury, the machine or equipment would be isolated, and rendered inoperative in accordance with 29 CFR 1910.147(c)(4):

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS) (IDENTIFY MACHINERY OR EQUIPMENT)

2 29 CFR 1910.147(c)(2)(i): Where an energy isolating device was not capable of being locked out, the employer's energy control program under 29 CFR 1910.147(c)(1) did not utilize a tagout system:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS) (IDENTIFY MACHINERY OR EQUIPMENT)

3 29 CFR 1910.147(c)(2)(ii): The employer's tagout energy control program procedures did not successfully comply with 29 CFR 1910.147(c)(3) and no lockout was provided for employee protection:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS) (IDENTIFY MACHINE OR EQUIPMENT)
NOTE: IF THE EMPLOYER CAN DEMONSTRATE HIS TAGOUT ENERGY CONTROL PROCEDURES PROVIDES FULL EMPLOYEE PROTECTION AS LOCKOUT DEVICE WOULD, HE MAY USE THE TAGOUT EVEN IF THE MACHINE OR EQUIPMENT IS CAPABLE OF ACCEPTING A LOCKOUT DEVICE.
175.1

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