Permit Required Confined Spaces, Part 1 – Is it Confined?

Ok, I admit it, I’m one of those EHS people that likes analyzing regulations. I can’t help it. Prior to changing my major to Environmental Health and Safety Management, I was Pre-Law. The structure of the regulations, along with the ability to interpret their meaning holds a strange draw for me that I have never been able to understand.

So, with that being said, I thought it might be interesting to focus on some of the more interpreted OSHA regulations and try to bring my own interpretive reasoning to the stage for those who might be interested. Since I am a self-labeled Confined Space Geek, I thought I might start with 1910.146.

Since I DO tend to ramble on, especially on subjects I enjoy, this will definitely be a multi-parter…

Kick it…

1910.146(c) – General Requirements

I know, I skipped the definitions – I figure, we’re going to be referencing the definitions enough throughout this whole thing that I can get away with it.

1910.146(c)(1) The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces.

Seems simple enough, right? In my experience though, there is a lot of discussion around this single, simple-seeming statement. I have heard numerous times that the regulation “only requires me to look for Permit Required spaces”, and this is, technically, true.

However, in taking a step-by-step approach to managing confined spaces in your workplace, there is another, implied, requirement that some people miss. You have to identify ALL confined spaces first.

After all, how do you know if you have any Permit spaces, if you don’t identify them as confined spaces first? (Interpretation – bullet 1)

Although the regulation does not require a listing of all spaces, some form of identification system that includes all spaces should be utilized. For example, a space at the Main Street facility, in the LL building, on the basement level, in the South wing; could potentially be identified as Space # MS-LL-B-S-01. This will allow you to reference a specific space location should a regulatory agent, or employee, have a question about the space.

Is It Confined?

So, you’ve identified a potential confined space – how do you know if it is or not? In order to determine if your space meets the definition of a confined space, you need to look at 3 things. A space must meet all 3 of these criteria to be considered a confined space.

Is large enough and so configured that an employee can bodily enter and perform assigned work

Again, seems simple. Again, a lot of discussion goes into this statement.

In order to determine if this requirement applies to your space, you must have a good understanding of what the statement is asking. Bodily enter, means that the space must be large enough for an employee to fit his entire body into the space. (Interpretation). If the employee cannot fit their entire body into the space, or through the opening, then this requirement is not met and the space is not a confined space.

Now, I will tell you that what I can fit my entire body into (5’10” 290lbs) is a lot different from what my maintenance guy can fit into (5’8” 170lbs) or the female parts person (5’2” 100lbs) – so who do you use as your barometer as to whether someone can bodily enter?

This is one of those questions that OSHA is not really very good at interpreting, therefore, it is left up to facilities to make their own judgment calls. The closest I ever saw to an actual answer to this question was from a training class given by the Michigan Training Division for their State OSHA program. They stated that it had to be big enough for an AVERAGE person to bodily enter.

By the strictest letter of the law, however, the definition implies that you are required to look at all of your employees and if one of them could get into the space, then it is large enough and meets the definition.

Once you’ve made the decision on whether your space is “large enough to bodily enter”, you then move on to -

Has limited or restricted means for entry or exit

Another fun one. What exactly does this mean?

Typically, the answer to this question is that the configuration of the space is such that an employee would have to contort (stoop, bend, wriggle, etc.), use specialized equipment (lowering devices, ladders, etc.)(Interpretation – bullet 1) or would require outside help to enter or exit the space. The ability to self-rescue in the event of an emergency is also a criteria in some interpretations.(Interpretation – Question 1).

However, in certain circumstances, such as the Chest Freezer Interpretation (Interpretation), low walls or depth of the space may not constitute a restricted entry/exit point, depending on the height/depth. The interpretation above references 30-inches as not being restricted, while the following (Interpretation – Question 3) states that 48-inches (4-foot) IS considered restricted.

Since other OSHA standards regulating walking and working surfaces, require a standard guard rail to be 42-inches tall, (presumably so that you cannot overbalance and fall, thereby “restricting” you to an area), I have typically used this as a discussion point to draw the line of restriction at 36-inches.

Other design factors which may determine restriction may be, airlocks, doors locked from inside, no handles on inside of hatches, tall sills at the bottom of entryways, changes in elevation within the space, etc.

Once you’ve figured out if the space has “limited or restricted means for entry or exit”, you’re now ready for the final criteria, which is –

Is not designed for continuous employee occupancy

This one actually IS pretty simple. Is the space designed for employees to occupy it, during normal operation (Interpretation) of the space, on a continuous basis? Would you want to set your desk and computer up in there? Does it have lights? Fire protection? Stairs in and out rather than ladders?

Look at the space while it is operating and ask if employees can be in it on a continuing basis with no risk to life or limb. If the answer is “yes” then it does not meet the definition. If the answer is “no” than it meets this criteria for being a confined space.

Congratulations!

It’s a Confined Space! – or not. It all depends on how you answered the 3 criteria above for the space in question. Remember, a space has to meet ALL 3 CRITERIA in order to be considered a confined space.

Whether you determine that the space is a confined space or not, documentation of these determinations should be done and held on to. Although not expressly required in the standard, documentation and identification of even the non-confined spaces, will serve as proof that, not only was the space evaluated for these requirements, but also the rationale used for identifying why the space is, or is not, a confined space.

Also important, just because a space is a confined space, does not necessarily mean that there are any special requirements for entering that space. Conversely, just because a space is not a confined space, doesn’t necessarily mean that there is nothing in there to harm your employees.

As we all know, or should - If it’s not documented, it didn’t happen (at least in the eyes of the Regulator).

Next time, we’ll talk about what makes a Confined Space Permit Required.

Be Safe My Fellows

1910.146 Permit Required Confined Spaces

OSHA Confined Space Interpretation Page