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Standard Number:1910.146(d)
July 24, 2023
William K. Principe
230 Peachtree Street, N.W.
Suite 2400
Atlanta, Georgia 30303
Dear Mr. Principe:
Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the number or percentage of cancelled permit-required confined space entry permits required to be reviewed under 29 CFR 1910.146. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. Your paraphrased scenario and questions are below, and OSHA's responses follow.
Question: 29 CFR 1910.146(d)(14) does not specify how many or what percentage of entry permits must be reviewed each year. Would it be compliant if an employer reviews a representative sample of the entry permits during the one-year review?
Response: No. 29 CFR 1910.146(d)(14) states employers must "Review the permit space program, using the canceled permits retained under paragraph (e)(6) of this section within 1 year after each entry […]" (emphasis added). Further, the note to paragraph (d)(4) explains that "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." (emphasis added). Employers must therefore review all canceled entry permits, and not a representative sample of the entry permits. The review must occur within one year after each entry or as a single annual review covering all entries during the previous one-year timeframe.
Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov. If you have any further questions, please feel free to contact the Office of General Industry and Agricultural Enforcement at (202) 693-1850.
Sincerely,
Kimberly A. Stille, Director
Directorate of Enforcement Programs