THE CHALLENGE OF OSHA’S STANDARD ON PERMIT-REQUIRED CONFINED SPACE RESCUE
On January 14, 1993, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) published its Final Rule for Permit-Required Confined Spaces for General Industry (29 CFR 1910.146) in the Federal Register. The final rule, which became effective April 15, 1993, was the culmination of nearly 18 years of efforts by OSHA, the National Institute for Occupational Safety and Health (NIOSH), the American National Standards Institute (ANSI) Z1 17 committee, and others to address this issue.
Industry can meet the terms of the requirement using its own employees to provide the required rescue services or by arranging for these services to be provided by an outside organization. “Rescue services.” as defined in the standard, is a broad concept covering any personnel designated to rescue employees from permit spaces. Smalland mediumsized private employers, as well as some larger ones, undoubtedly will look to local fire departments to comply with this requirement. Thus, the standard, which requires that confined space rescue and emergency services be available whenever confined space entries take place, is already having a significant impact on the fire service.
Arrangements between employers and local fire departments to address 29 CFR 1910.146 will establish a degree of accountability to which the fire service traditionally has not been subjected. Fire departments are not required to perform this service to industry, but if they choose to do so, they must provide the service within the letter of the law. In addition, any fire department may be required to meet all of the standard’s requirements if that department is located in a state with an approved plan for administering the federal Occupational Safety and Health Act of 1970, or if final OSHA reform legislation extends coverage to all public sector employees.
Fire departments may have to make additional decisions beyond any arrangements made with private employers. First, in stateplan states, all fire department permitrequired confined space operations will have to be performed in compliance with 1910.146 or a similar state standard. Should a rescue be necessary in the case of a child falling into an abandoned well or an incident at a family farm, the department will need to follow its own confined space program. Second, as the NFPA 1500 debate highlighted, individual fire departments must decide if confined-space rescue is a service they will continue to provide to their communities. Regardless of what they choose, they will have to inform their communities of the choice. If a department chooses to provide the service, it must then request the additional resources, such as training and equipment, that it will need to provide the service and comply with the confined space standard.
In any case, the permit-required confined space standard will prove to be a challenge to the fire service. Fire departments that choose to provide confined space rescue services should begin a comprehensive evaluation of their current capabilities, then address the procedures, training, and equipment needs after conducting extensive preplanning of confined spaces in their jurisdictions.
Photos by author.
BACKGROUND
The 1979 NIOSH Criteria document Working in Confined Spaces cites a study of 276 confined space accidents that occurred from 1974 to 1977 and resulted in 234 deaths and 193 injuries. The general rule is that, for the majority of safety and health hazards in industry, for every serious disabling injury or death that occurs. 10 minor injuries and approximately 600 near-misses occur. Confined space operations are unique, then, in that deaths outnumber injuries.
More recently, OSHA examined its records of accident investigations for fatal confined space incidents to identify the specific hazards and work activities involved in such incidents. OSHA concluded during this review that, in cases in which multiple deaths occurred, the majority of the victims died while trying to rescue the original entrant from a confined space. This evidence indicates that untrained or poorly trained rescuers constitute an especially important “group at risk.” Therein lies a problem, for few industrial emergency response teams or fire brigades and fewer career or volunteer fire departments are trained or equipped for confined space rescue operations. Confined space rescue constitutes a serious hazard to firefighters and other emergency responders. It is vitally important that the safety of the rescuers be of paramount concern. Departments that choose to provide confined space rescue services under 1910.146 need to develop a comprehensive confined space rescue program with strong policies and procedures to ensure that all rescues attempted include necessary personnel and equipment.
The OSHA-investigated cases were analyzed by OSHA’s Office of Statistical Studies and Analyses to determine the cause of death in confined space accidents and the underlying cause of the accidents themselves. From this information, OSHA developed measures that would have prevented the accidents in the studies and used those measures as the basis for the final rule. Although OSHA is often criticized by labor for being too lenient, by employers for being too restrictive, and by both parties for its lethargic pace in addressing the issues, many OSHA standards, and this one in particular, are based on convincing evidence that a significant safety or health hazard exists and that current methods of control are inadequate.
To address the safety of both confined space entrants and rescuers, it is critical to examine and learn from previous accidents. OSHA has categorized its findings into the following specific hazard types.
Atmospheric hazards. Data indicate that most confined space deaths and injuries are caused by atmospheric hazards. These can be classified as toxic, asphyxiant, and flammable/explosive, with the acknowledgement that certain chemicals may present multiple atmospheric hazards. Methane, for example, is an odorless substance that is nontoxic and harmless at some concentrations. However, methane can displace all or part of the atmosphere in a confined space, and the hazards presented by such displacement can vary greatly, depending on the degree of displacement. With only 10 percent displacement. methane produces an atmosphere that, while adequate for respiration, can explode violently. By contrast, with 90 percent displacement, methane will not burn or explode but will asphyxiate an unprotected worker or rescuer.
Asphyxiating atmospheres. OSHA uses the term “asphyxiating atmosphere” to refer to an atmosphere that contains less than 19.5 percent oxygen. An asphyxiating atmosphere may be the result of oxygen having been absorbed by materials, such as activated charcoal, or consumed by a chemical reaction, such as the rusting of a vessel or container. In other situations, the original atmosphere in the space may have intentionally been made wholly or partially inert through the use of gases such as helium, nitrogen, argon, or carbon dioxide. Nitrogen is commonly used in industrial environments to provide an oxygen-free atmosphere for oxygen-sensitive processes, to retard pyrophoric reactions, to reduce the potential for fire in flammable storage, and for pneumatic-control systems. For example, certain catalysts used in petroleum refining are utilized in a process vessel under an inert atmosphere.
Flammable or explosive atmospheres. OSHA considers an atmosphere to pose a serious fire or explosion hazard if a flammable/explosive gas or vapor is present at a concentration greater than 10 percent of its lower flammable limit (LFL) or lower explosive limit (LEL) or if a combustible dust is present at a concentration greater than or equal to its LFL. Although the regulatory limit is 10 percent of the LFL, personnel should not consider an atmosphere “safe” after obtaining a measurement of. say. five percent. Why not? First, there is a certain amount of variability in any meter. Normally, LFL meters or combustible gas indicators (CGI) are calibrated to a single specific substance, such as hexane. With this calibration, percent LFL determinations made for other materials may be inaccurate. In addition, considerable environmental variability may exist inside a confined space. In spaces such as large petroleum tanks and sewers, it is possible to get a wide variation in readings. A few measurements may not be representative of the entire atmosphere within the space: and. in fact, the atmosphere may change during normal entry or rescue. In addition, certain monitoring instruments can be affected significantly by radio interference from a host of sources, including communication equipment. Thus, a reading of even one percent LFL should be reason to suspect a flammable/explosive atmosphere.
Other hazards. A host of other hazards must be considered for confined space entry or rescue. Engulfment. a term that refers to situations in which a confined space entrant is trapped or enveloped, usually by dry bulk materials, also is highlighted in the standard’s preamble. Asphyxiation is the primary concern in such cases. Such a material also may be hot or corrosive and thus could cause severe chemical or thermal burns. Mechanical hazards also require adequate consideration. Accidents in confined spaces have occurred when employers failed to isolate equipment within the space from sources of mechanical or electrical energy or when equipment was improperly guarded. Compliance with OSHA’s Control of Hazardous Energy Sources (Lockout /Tagout) can prevent such accidents.
The majority of the requirements found in 1910.146 are designed to ensure that employees can safely enter and work in confined spaces. Final rule 29 CFR 1910.146 should decrease the number of confined space accidents and prevent up to 50 deaths and 5,000 serious injuries each year. Unfortunately, 1 (K) percent compliance with the standard is unlikely. And even in spite of all of the standard’s precautions, hazards may arise so quickly or unexpectedly that authorized entrants may be unable to escape from the permit space without assistance. Paragraph (k) of the final rule addresses the rescue and emergency services needed in such a case.
Because the potential hazards of confined space operations are so great, OSHA has determined that employers must include in their permit programs the means to rescue authorized entrants. Although some employers may already have rescue teams in place or may choose to establish an on-site team, it is very likely that many employers, large and small, will look to their local fire departments to meet these requirements.
When the proposed standard went out for public comment, OSHA received numerous comments regarding the rescue and emergency services requirements. One concern was that off-site rescue and emergency services might not be’ able to respond quickly enough. It was even recommended that employers not be given the option of using outside services. Others believed that the capabilities of outside rescue and emergency services could not be assured without extensive evaluation and that outside services could not adequately prepare for the multitude of confined spaces to which they may be called. On the other hand, other comments supported giving employees the flexibility of being able to arrange for rescue and emergency services.
To understand the permit-required confined spaces standard and how it will affect the fire service, it is necessary to review the standard and consult the preamble for further clarification on specific requirements. The standard is divided into I 1 paragraphs, (a) through (k).
Paragraph (a): Scope and Application
Paragraph (a) defines the standard as one containing requirements for the practices and procedures for protecting both entrants and rescuers from the hazards of entry into permit-required confined spaces. OSHA designed 1910.146 to be a generic standard—that is, it is intended to apply except where superseded, in whole or in part, by industry-specific regulations. In the preamble, OSHA attempted to clarify the question of the standard’s scope, in anticipation of confusion. The areas of agriculture, construction. and shipyard employment are specifically exempted. OSHA believed sufficient differences exist between these industries and general industry to warrant separate rulemaking. For construction, OSHA states that Subpart S and 1926.956 of OSHA’s Construction Standards (29 CFR 1926) address confined space hazards in underground construction and electrical transmission and distribution work. Telecommunications work in manholes and underground vaults is covered under 1910.268. All other confined spaces not covered by any other OSHA rule are covered under 1910.146.
Fire departments that choose to do so may be working with employers in different industries, and requirements for confined space operations may vary, depending on which standards apply in a given situation. During the preplanning stages, the fire department should determine under which industry a certain employer is covered and exactly which OSHA standards apply. Fire departments that may be called to shipyard confined spaces also should review 29 CFR 1915, Subpart B.
Paragraph (b): Definitions
Paragraph (b) defines the critical terms used in 1910.146. Fire departments with confined space rescue services should familiarize themselves with the standard’s terms to ensure they are using the same terminology as employers. As with most sections of the standard, OSHA received a number of comments during the standard’s development stage, with the greatest controversy surrounding the definitions of confined space, permitrequired confined space, and nonpermitrequired confined space. These distinctions are critical to understanding the standard.
First, a space must be evaluated to determine whether it is a confined space. To be so designated, it must meet the following three criteria:
- It must be large enough and so configured that an employee can bodily enter and perform assigned work.
- It must have limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means for entry).
- It must not be designed for continuous human occupancy.
If the space is in fact a confined space, the next evaluation is whether it meets the definition of a “permit-required confined space” or “nonpermit required confined space,” as defined in the standard. The classification then indicates which hazards rescuers can expect to encounter and which parts of 1910.146 will apply.
In the final rule, entry is considered to have occurred as soon as any part of the entrant’s body breaks the plane of an opening into the space. An earlier definition considered entry to begin when the entrant’s face broke the plane of a space opening. It was determined during the standard’s development that reference to only the face recognized only respiratory hazards and ignored physical and chemical hazards that could affect other parts of the body. All rescue personnel should understand the potential for physical hazards within the space, especially when there are no atmospheric hazards, since in such situations rescuers may be lulled into a false sense of security.
Specifically defining “hazardous atmosphere” also proved to be a challenge for OSHA. In the final rule, an atmosphere is considered hazardous if it may expose employees to the risks of death, incapacitation, impairment of ability to self-rescue, injury, or acute illness from As stated earlier, OSH A uses 10 percent as the I.FL threshold value. However, 10 percent should not be considered a “safe/not safe” level; and, as indicated earlier, any indication of even one percent L.FL should be cause for further monitoring and, possibly, additional controls.
- flammable gas, vapor, or mist in excess of 10 percent of its LFL;
- airborne combustible dust at a concentration that meets or exceeds its LFL;
- atmospheric oxygen concentrations
- below 19.5 or above 23.5 percent;
- atmospheric concentrations of particular substances with special exposure hazards, as outlined in subparts G and F of OSHA regulation; or
- any other atmospheric condition.
The standard defines atmospheric oxygen concentrations of between 19.5 and 23.5 percent as acceptable. Oxygen concentration measurements can vary greatly due to the effects of humidity, temperature, or barometric pressure; and readings of less than 19.5 or greater than 23.5 percent may in fact be acceptable. However, ANSI Z88.2-1992. Practices for Respiratory Protection, in its section on respirator use in confined spaces states, “confined spaces continue to be the cause of numerous deaths and serious injuries. Therefore, any confined space containing less than 20.9 percent oxygen is to be considered Immediately Dangerous to Life or Health (IDLH), unless the source of the oxygen reduction is understood and controlled.” Although OSHA acknowledges this information, it chose to leave the acceptable range at 19.5 to 23.5 percent. As with flammability testing, fire departments should be conservative in their oxygen concentration assessments. Any measurement other than 20.9 percent should be suspect and cause for further investigation.
Finally, the standard defines a hazardous atmosphere as any other atmospheric condition recognized as 1DLH. References such as NiOSH’s Pocket Guide to Chemical Hazards (NIOSH, 1990), Sax’s Dangerous Properties of Industrial Materials (Van Nostrand Reinhold, 1989), and Frank L. Fire’s Chemical Data Notebook: A User’s Manual (Fire Engineering Books. 1994) can be used to help determine chemical hazards. Although the standard doesn’t specifically address exposure to carcinogens, their potential health effects should be considered in confined space operations. NIOSH considers any exposure to a carcinogen unacceptable and recommends that the most reliable and protective respirators, suppliedair type, be used. Many of the 1DLH levels reported for various chemicals were determined without considering carcinogenic effects. Rescue teams should be aware that a space may have chemical exposure concentrations well below reported IDLH levels but nonetheless may represent a serious health hazard due to the presence of a carcinogen at a low concentration.
As evidenced by the definitions, a permitrequired confined space has significant potential to cause injury or death to entrants. Because of this, nonentry rescue techniques should be used to their fullest for rapid removal of an entrant, and rescue teams must be located in close proximity to potential rescue sites. Prior to 1910.146. OSHA provided an interpretation of 1910.151, Medical Services and First Aid, which stated that in areas where suffocation. electrical shock, severe bleeding, or life-threatening injury’ or illness is likely, a threeto four-minute response time is required; in all other situations, a 15-minute response time is acceptable. This interpretation makes it very difficult for fire departments to provide rescue services for employers with permit-required confined spaces. In most cases, doing so would require that the department put specific rescue units on standby within a very short response distance (often on-site) to the potential rescue sites.
Paragraph (c): General Requirements
This paragraph contains the general requirements for the identification of permit spaces and the protection of affected employees from the hazards posed by any permit space identified. Paragraph (c) requires employers to evaluate their workplaces to determine if any permit-required confined spaces are present. [In the case of response to unsupervised confined spaces (e.g., the abandoned well scenario), the fire department would have to make an evaluation on arrival.] If a workplace does not contain permit-required confined spaces, the remainder of the standard is not applicable. Of course, other OSHA standards may apply.
The requirement for the employer to arrange for confined space rescue services applies only to permit-required confined spaces. There may be numerous nonpermitrequired confined spaces, however, where accidents may occur, although such accidents should be less severe than those in permit-required spaces. Even if a department is unable or unwilling to perform permit-required confined space rescue for an employer, it still may be able to provide confined space rescue service under other circumstances. As an example, a worker may fall in a nonpermit-required confined space (nonhazardous atmosphere) and suffer a broken leg. Response time for this rescue would be less critical than that for a permit-required space rescue. With the proper training and equipment, a department could provide this type of rescue service, even without extensive standby resources.
If permit-required confined spaces are present, the host employer must decide whether its own employers or a contracted service will make entry into these spaces. If an employer arranges for a contractor to perform work in permit-required spaces, the employer must
- inform the contractor that permitrequired spaces are present and that a 1910.146-based confined space program must be used for entry;
- provide all hazard information and experience of the particular permit space;
- inform the contractor of any precautions or procedures that it. the host employer, has implemented in or near the space;
- coordinate entry operations with the contractor if joint operations will take place; and
- debrief the contractor at the conclusion of the entry.
If the interpretation is made that the outside rescue service is affected by the contractor requirements of the standard, the fire department should receive the information outlined above.
If the employer determines that its own employees will enter permit-required spaces, the employer must develop and implement a written permit space entry program. Remember, this requirement would apply to many fire departments providing confined space rescue services. If firefighters will enter permit spaces, the fire department will need a written program.
Fire departments also must be aware of two other controversial provisions in paragraph (c). The first is the use of alternative procedures in cases where it can be demonstrated that the only hazard posed by the space is an actual or potential hazardous atmosphere. With alternative procedures, forced ventilation and atmospheric monitoring are used to maintain a safe entry, and compliance is only required for paragraphs (a), (b), (c), and (g) of the standard. In such cases, rescue services are not required.
The standard also allows for a permitrequired space to be reclassified as a nonpermit space if the space poses no actual or potential atmospheric hazards and if all other hazards are eliminated. As an example, if a permit-required space has only a mechanical hazard, lockout/tagout could be used to eliminate the hazard. Once this is done, the space becomes a nonpermit required space; none of the standard’s other requirements, including rescue, would apply.
It is very likely that, even if no permitrequired spaces are present at a facility, your fire department could be called to respond to an accident involving a nonpermit-required confined space, a permitrequired space that has been reclassified to nonpermit-required, or a permit-required space with alternative procedures in use. If your department could respond to accidents in such spaces, a full confined space entry and rescue program would help to ensure firefighter safety.
Paragraph (d): Permit-Required Confined Space Program
Paragraph (d) sets forth the requirements for the design and implementation of permit-required confined space programs. The paragraph sets the requirements for preventing unauthorized entry and identifying and evaluating the hazards of permit spaces. Employers are also required to develop and implement the means, procedures, and practices necessary for safe permit space entry. At a minimum, these must include
- specifying acceptable entry conditions;
- isolating the space;
- purging, inerting, flushing, or ventilating
- the space to eliminate or control atmospheric hazards; and
- verifying that acceptable entry conditions are present throughout the duration of entry.
Paragraph (d) also requires that employees be provided with certain equipment and that the equipment be maintained and used properly. Such equipment includes that used for testing and monitoring, ventilation, communication, ingress and egress, personal protection, and lighting; barriers and shields; and specific rescue equipment. Rescue equipment may be provided by an outside rescue service.
Paragraph (d) also includes requirements for determining if acceptable entry conditions exist; providing an attendant outside the space; and designating and training authorized entrants, attendants, and entry supervisors, in addition, employers are required to develop and implement
- a system for entry permits,
- procedures to coordinate entry when employees of more than one employer are working in the space,
- procedures for concluding entry operations,
- procedures for evaluating and revising the program if deficiencies are found, and
- a yearly review of the program.
Of critical importance to the fire service, sub-paragraph (d)(9) is the basis for the standard’s rescue requirements. This subparagraph requires the employer to develop and implement procedures for summoning rescue and emergency services, rescuing entrants from permit spaces, providing necessary emergency services to rescued employees, and preventing unauthorized personnel from attempting a rescue.
Paragraph (e): Permit System
Paragraph (e) outlines requirements for the preparation and posting of the entry permit so entrants can confirm that preentry preparations are complete. In addition, it outlines conditions under which the entry permit should be canceled. From the perspective of the Fire service, this requirement is designed to ensure that an entry permit will be available at the space to which Fire department personnel are called to perform a confined space rescue. In essence, the confined space entry permit serves a role comparable to the one material safety data sheets (MSDSs) serve for hazardous-materials response.
Even if they opt not to provide confined space rescue services, fire departments should become familiar with the various permits used by employers and contractors in their jurisdiction. Some employers will use permits for both permit-required and nonpermit-required confined spaces, and departments should know where they will be located and what information they contain. Although extensive preplanning should have taken place before any rescue is performed, in the event of an incident, the entry permit will provide the most current information on the space and its hazards. If information has changed since initial preplanning was made, these changes will be reflected in the permit.
An example of where this may prove to be valuable is in the chemical industry. Equipment and processes often adapt to changing product demands, sometimes on a frequent basis. The particular hazards of each permit space will depend on its last contents; with batch operations, this may change frequently. The nature and severity of the potential hazards can only be determined immediately prior to actual entry. The entry permit is therefore a critical document for rescuers.
Fire departments also must have their own permit system for rescues from permitrequired spaces where the proper program is not already in place. To ensure firefighter safety, all fire departments providing confined space rescue service should utilize the permit system for all entries and rescues.
Paragraph (f): Entry Permit
Paragraph (f) specifies the information that must be included in the permit. The following items are required:
- the permit space to be entered;
- the purpose of the entry;
- the date and authorized duration of the entry permit:
- the authorized entrants within the permit space;
- the personnel, by name, currently serving as attendants;
- the individual, by name, currently serving as entry supervisor (a space must be included for the signature or initials of the entry supervisors who originally authorized entry);
- the hazards of the permit space to be entered;
- the measures used to isolate the permit space and to eliminate or control permit space hazards before entry;
- the acceptable entry conditions;
- the results of initial and periodic tests performed, accompanied by the names and initials of the testers and by an indication of the times/dates the tests were performed;
- the rescue and emergency services that can be summoned and the means for summoning those services;
- the communication procedures used by authorized entrants and attendants to maintain contact during the entry;
- equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment;
- any other information it is necessary to include; and
- any additional permits, such as for hot work, that have been issued to authorize work in the permit space.
References
- 29 Code of Federal Regulations 1910.146, Permit Required Confined Spaces for General Industry, Final Rule. U.S. Dept, of Labor, Occupational Safety and Health Administration: Federal Register, 58:9, Jan. 14, 1993.
- Air Sampling Instruments for Evaluation of Atmospheric Contaminants, 7th ed. 1989. Cincinnati, Ohio: American Conference of Governmental Industrial Hygienists.
- American National Standards Institute 7.88.2-1992, Practices for Respiratory Protection. 1991 New York: American National Standards Institute.
- C.E. Colton, L.R. Birkner, and L.M. Brosseau, eds. 1991. Respiratory Protection: A Manual and Guideline. 2nd ed. Akron, Ohio: American Industrial Hygiene Association.
- Criteria for a Recommended Standard: Working in Confined Spaces. 1979. Publication No. 80-106. Cincinnati, Ohio: Department of Health, Education, and Welfare, National Institute of Occupational Safety and Health (DHEWNIOSH).
- J.N. Ellis, “Plan Confined-Space Fall Protection Before and Beyond Required Rescue,” Occupational Health and Safety. Feb. 1992, 17-20.
- NIOSH ALERT: Request for Assistance in Pretenting Occupational Fatalities in Confined Spaces. Publication No. 86110. Cincinnati, Ohio: DHEW-NIOSH.
- NIOSH Pocket Guide to Chemical Hazards. 1990. Publication No. 90-117. Cincinnati, Ohio: Department of Health and Human Services, NIOSH.
- G.G. Noll. M.S. Hildebrand, and J.G. Yvorra. 1988. Hazardous Materials: Managing the Incident. Stillwater, Oklahoma: Fire Protection Publications.
- NFPA 1 500, Standard on Fire Department Occupational Safety and Health Programs, 1992 ed. Quincy, Mass.: National Fire Protection Association.
- N.I. Sax and R ,J. Lewis. 1989. Dangerous Properties of Industrial Materials. Vol. I-EH, 7th ed. New York, N.Y.: Van Nostrand Rcinhold.
- P. Silensky, “Confined Space Rescue: Hazards and Operations,” Fire Engineering, Nov. 1992.
- 1992-1993 Threshold Umit Values for Chemical Substances and Physical Agents and Biological Exposure Indices. Cincinnati, Ohio: American Conference of Governmental Industrial Hygienists.
- Williams and J.L. Burson. 1985. Industrial Toxicology: Safety and Health Application. in the Workplace. New York, N.Y.: Van Nostrand Reinhold.
- K.J. York and G.L. Grey. 1989. Hazardous Material Waste Handling for the Emergency Responder. Saddle Brook, N.J.: Fire Engineering Books.
