An OSHA Update for the Trainer class

1. OSHA Update
John Newquist
johnanewquist@gmail.com
815-354-6853
Draft 7 2 2017

2. OSHA 503
• Course Benefits
• Locate and apply recently adopted or revised
OSHA general industry safety and health
standards, policies and procedures
• Recommend current OSHA general industry
requirements and policies
• Describe new general industry standards
• Identify training material resources
• Apply techniques and resources used by other
general industry outreach trainers
• Provide a general overview of general
industry safety practices
• Earn 1.8 CEU or 3.01 CM
• Course Topics
• OSHA inspection policy updates
• OSHA procedures and standards updates
• Safety and health program management
• Training techniques

3. Drug
Overdose
Deaths
1990—2016

4. May 2017
• The contractor shall document that each of
its employees has successfully completed
the training required by this subsection by
maintaining a record identifying:
• 1. Each employee who has received
training;
• 2. The date(s) and subject(s) of training
each employee has received; and,
• 3. The means used to verify that the
employee understood the training received.

5. May 2017
• A manager of the Overlook at Mile
High in Denver has been sentenced
to 8 months in federal prison after
his company released asbestos
dust during a remodeling project
while tenants were still living in the
buildings.
• Senior federal Judge Lewis Babcock
also fined John Tom Williams, 58,
$100,000 and ordered him to serve
a year of conditional release
following his prison term.

6. May 2017

7. May 2017
• Industrial project locations
experienced the highest
number of fatalities with 813
deaths (35%)
• Commercial 5%
• AGC fatality study 2010-2012

8. DOL Head
• Alexander Acosta
• Appointed by President George W. Bush to
the National Labor Relations Board and later
served as Assistant Attorney General for Civil
Rights and federal prosecutor for the
Southern District
• Acosta became the second dean of Florida
International University College of Lawn
District of Florida in 2009

9. OSHA
• Loren Sweatt
• Political Deputy
• Senior Policy Advisor for the
House Committee on Education
• AGC

10. July 2017
• OSHA budget
• Same as 2008-2016
• $552 million
• 2018
• $532 milliom

11. 11

12. 12
2015

13. IL Body parts

14. Top Safety Results

15. Sales Impact of Selected Injuries
Injury/
Illness
Average
Direct Cost
Indirect
Cost
Total Cost Sales
Needed
(5% profit)
Sprain $4,245 $6,792 $11,037 $220,740
Laceration $1,101 $4,955 $6,056 $121,120
Foreign
Body
$317 $1,427 $1,744 $34,880
15

16. Monthly Audits

17. Monthly Audits
0
20
40
60
80
100
120
1/7/05
2/18/05
4/1/05
5/13/05
6/24/05
8/5/05
9/16/05
10/28/05
12/9/05
1/20/06
3/3/06
4/14/06
Week Beginning
Number of Safety
Inspections
90%
95%
100%
1/7/05
2/18/05
4/1/05
5/13/05
6/24/05
8/5/05
9/16/05
10/28/05
12/9/05
1/20/06
3/3/06
4/14/06
Week Beginning
Safety Inspection
Scores
17

18. Monthly Training for Managers

19. Daily Job Briefings

20. BLS

21. BLS
• A total of 4,836 fatal work injuries
were recorded in the United States in
2015, a slight increase from the 4,821
fatal injuries reported in 2014
• The 937 fatal work injuries in the
private construction industry in 2015
represented the highest total since
975 cases in 2008.
• Several construction occupations
recorded their highest fatality total in
years, including
• construction laborers (highest since
2008);
• carpenters (2009);
• electricians (2009); and
• plumbers, pipefitters, and steamfitters
(2003).

22. Feb 2018
• $5 million dollar payroll in highway
construction.
• Annual premium.
• $428,000 EMR 1.0
• $238,000 EMR 0.8
• $635,000 EMR 1.3
• Indiana 44% lower.

23. Feb 2017
• Atlantic Drain Services and its
owner, Kevin Otto, have each been
indicted on two counts of
manslaughter after he and the
company "gambled with their
employees' lives and safety,"
• A grand jury also returned an
indictments against Otto and
Atlantic Drain of one count of
misleading an investigator under
the state's witness intimidation
statute and six counts of
concealing records under the
evidence tampering statute.

24. Whistleblower 2017
• When a co-worker severed part of
his thumb in July 2014, a food
processor at a beef jerky
manufacturing plant acted quickly,
helping him apply pressure to the
wound and using her cellphone to
call 911.
• Before responders could answer,
the company's owner ordered her
to hang up.
• Two days later, she was
terminated.
Lonestar Beef Jerky is not associated with this man! He was the
previous owner and we acquired his recipes and brand name in
2016 with no knowledge of this or his other deplorable
behavior!

25. Data
• If you make it easier to use
safety, more likely it will be used
and get done.
• Cones, grease gun, lockout,
brooms.
• Kevin O’Leary

26. Sleep
• Individuals who sleep fewer than six hours a
night on average have a 13 per cent higher
mortality risk than people who sleep at least
seven hours.
• U.S. sustains by far the highest economic losses
up to $411 billion a year or 2.26% GDP
• U.S. loses an equivalent of around 1.2 million
working days due to insufficient sleep.
• Individuals could: Set consistent wake-up
times; limit the use of electronic items before
bedtime; and exercise.
• Employers could: Recognize the importance
of sleep and the employer’s role in its
promotion; design and build brighter
workspaces; combat workplace psychosocial
risks; and discourage the extended use of
electronic devices.
Est. Incidence Rate per Chronobiology 2010
Less than 5 hours – 7.89
5-6 hours – 5.21
6-7 hours – 3.62
7-8 hours - 2.27
8-9 hours - 2.50

27. Region V Most Cited Areas
• Machine Guarding
1910.212(a)(1)
• GHS 1910.1200(e)
• GHS 1910.1200(h)
• 5(a)(1)
• Machine Guarding
1910.212(a)(3)

28. Region V Fall Fatalities 2010-2014
• 25 Ladders
• 19 Roofs
• 18 Same Surface
• 16 Other
• 14 Aerial Lift
• 9 Nonmoving Vehicle

29. Region V Fatalities
• OSHA in Region 5 had 111 in
2016 investigated fatalities.
Down from 140 in 2015 8.
• 34 construction
27 manufacturer
50 other
• Seeing lack of chocks, backing
trucks
• 2004-2016 Region V
• 449 struck by
• 426 fall
• 393 caught
• 126 electrical

30. July 2016
• Behr sentenced to probation, $350K
restitution in South Beloit plant worker's
death

31. Data
• 35% of all fatalities occurred in
workers age 55 or older, with
1,691 deaths.
• This is the highest number of
fatalities ever recorded for this
group of workers.

32. Older workers
• The preliminary number of
workers ages 55 and older who
died on the job was "the highest
total ever reported" by the
bureau's census.
• The number jumped from 1,490
in 2013 to 1,621 in 2014, a 9
percent rise.
• 18% of the workforce, 35% of
fatalities

33. June 2016
• Columbus WI
• The teen was working at the factory
on June 27, 2016 when he was pinned
in a machine while cleaning scrap
from underneath a laser cutter in
operation.
• He later died of his injuries on July 2,
2016.
• The teen had only been working there
two weeks when the incident
happened.
This IS my sister-in-law's nephew !!!
Killed at 17 ... all because of company
not following safety rules, providing
proper training and equipment to
ensure lockout/tagout - DA

34. Effective Dates
• Published in Federal Register November 17, 2016
• Effective January 17, 2017
• Most of the rule will become effective 60 days
after publication in the Federal Register, but some
provisions have delayed effective dates, including:
• Ensuring exposed workers are trained on fall
hazards (6 months),
• Inspecting and certifying permanent anchorages
for rope descent systems (1 year),
• Installing personal fall arrest or ladder safety
systems on new fixed ladders over 24 feet and on
replacement ladders/ladder sections, including
fixed ladders on outdoor advertising structures (2
years),
• Ensuring existing fixed ladders over 24 feet,
including those on outdoor advertising structures,
are equipped with a cage, well, personal fall arrest
system, or ladder safety system (2 years), and
• Replacing cages and wells (used as fall protection)
with ladder safety or personal fall arrest systems
on all fixed ladders over 24 feet (20 years).

35. Dockboards
• The employer must ensure that
each dockboard used meets the
requirements of this section. The
employer must ensure:
• (d) Measures, such as wheel
chocks or sand shoes, are used
to prevent the transport vehicle
(e.g. a truck, semi-trailer, trailer,
or rail car) on which a dockboard
is placed, from moving while
employees are on the
dockboard;
1910.26

36. Work on low-slope roofs
• When work is performed less
than 6 feet (1.6 m) from the roof
edge, the employer must ensure
each employee is protected from
falling by a guardrail system,
safety net system, travel
restraint system, or personal fall
arrest system.
1910.28(b)(13)(i)

37. Low Sloped Roofs
• When work is performed at least
6 feet (1.6 m) but less than 15
feet (4.6 m) from the roof edge,
the employer must ensure each
employee is protected from
falling by using a guardrail
system, safety net system, travel
restraint system, or personal fall
arrest system.
1910.28(b)(13)(ii)

38. Flat Roofs
• When work is performed 15 feet (4.6 m)
or more from the roof edge, the
employer must:
• (A) Protect each employee from falling by
a guardrail system, safety net system,
travel restraint system, or personal fall
arrest system or a designated area. The
employer is not required to provide any
fall protection, provided the work is both
infrequent and temporary; and
• (B) Implement and enforce a work rule
prohibiting employees from going within
15 feet (4.6 m) of the roof edge without
using fall protection in accordance with
paragraphs (b)(13)(i) and (ii) of this
section.
1910.28(b)(13)(iii)

39. Ladder Safety Systems
• The employer must ensure:
• (1) Each ladder safety system
allows the employee to climb up
and down using both hands and
does not require that the employee
continuously hold, push, or pull any
part of the system while climbing;
(2) The connection between the
carrier or lifeline and the point of
attachment to the body harness or
belt does not exceed 9 inches (23
cm);
1910.29(i)

40. Training
• Training must be understandable.
The employer must provide
information and training to each
employee in a manner that the
employee understands
1910.30(d)

41. Fall Protection Systems
• D-rings, snaphooks, and
carabiners must be proof tested
to a minimum tensile load of
3,600 pounds (16 kN) without
cracking, breaking, or incurring
permanent deformation. The
gate strength of snaphooks and
carabiners, must be proof tested
to 3,600 lbs. (16 kN) in all
directions.
1910.140(c)(8)

42. CTA

43. Slideshare

44. Beryllium
• The old exposure limit, established
in 1949, was based largely on
guesswork and dubbed "the
taxicab standard" because a
government health official and an
industry medical consultant came
up with the rule in the back of a
taxi.
• The new standard will be 0.2
micrograms per cubic meter, much
stronger than what OSHA sought in
the 1970s.

45. Criminal 2017
• A crane operator faces involuntary
manslaughter charges in a 2014
incident in which his son and another
construction worker plummeted to
their deaths from above a Winters
bridge construction site.
• Mark Powell operated the crane that
lifted the basket carrying son and
operator Marcus Zane Powell and pile
driver Glenn Allen Hodgson early May
30, 2014, according to a Cal-OSHA
citation.
• The hoisted basket they rode aboard
broke free, plunging the pair eight
stories to their deaths.

46. Criminal Update 2017
• Wilmer Cueva, 51, of Elmwood
Park, New Jersey, a foreman for
Sky Materials, was convicted of
criminally negligent homicide
and reckless endangerment in
the death of Carlos Moncayo, 22
during excavation at a
Restoration Hardware site.
• Sentencing 1-3 years.

47. IL 19 Times = $241,000
• The four willful violations include the
absence of an accident-prevention
program; lack of eye and face protective
equipment with use of nail guns; no
personal fall arrests, guardrails or safety
net systems for workers at heights; and
anchorage points used for the attachment
of personal fall arrest systems were not
independent of the anchorage points
used to suspend platforms.
• This isn't a new experience for Barringer.
• Since 2006, Barringer's various businesses
-- Barringer Brothers Roofing, Barringer
Brothers Inc., and Barringer Brothers
Construction Inc. -- have been cited and
fined 19 times by OSHA for safety
hazards.

48. Recordkeeping
• Final rule to keep OSHA 300,
300A, 301 records for five years.
• Effective January 18, 2017

49. Slideshare

50. OSHA In Region 5 - 2016
• 6200 inspection in 2015
• 68 Sigcases +14 egregious cases
• 47% construction
• 44% programmed
• 2017 – 20% cut

51. Leadership in Region V
• Ken Atha
• 20 Years Experience
• Regional
Administrator
• Area Director

52. Aug 2016
• Tonawanda NY
• There no reason to ever joke
about a loved one’s loss due to a
workplace death.
• "Michelle Reese This is my uncle.
Thanks everyone for the
condolences. For those making
jokes you may kindly F off... I'm
sure you wouldn't be joking if it
was someone you love"

53. Aug 2016
• Settlement
• The Secretary alleged in the
Complaint that US Steel’s
Immediate Reporting Policy
discourages reasonable
employees from reporting
injuries as soon as they realize
they have been injured because
they risk violating US Steel’s
temporally stringent
requirement under the
Immediate Reporting Policy.

54. April 2017
• The decision cited a number of factors,
including A.C. Castle’s checking to ensure
that workers were tied off, its
responsibility for safety on its worksites,
its ability to fire or discipline workers, its
directions to Provencher concerning the
size of the crew, the presence of A.C.
Castle signs and the lack of Provencher
signage at worksites and A.C. Castle’s
representing that it had no
subcontractors when applying for building
permits.
• Judge Calhoun's decision upheld the bulk
of the citations and determined that A.C.
Castle is responsible for paying $173,500
in penalties.

55. Jan 2017
• The new civil penalty
amounts
• Jan 1 2017
• New serious penalty
for 2017 is $12,675
• Repeat - Willful is
$126,749
• Size for 1-10
employee2 is 70%
11-25 is 60%
26-100 is 30%
101-250 is 10%

56. May 2016
• Electronic recordkeeping
• Under the new rule, all establishments with
250 or more employees in industries covered
by the recordkeeping regulation must
electronically submit to OSHA injury and
illness information from OSHA Forms 300,
300A, and 301.
• Establishments with 20-249 employees in
certain industries* must electronically submit
information from OSHA Form 300A only.
• Website to input 300A at end of
March operational.
• Due July 1 2017
• Employee names will
not be collected

57. 57
1904.35(b)(1)(i)
• You must establish a reasonable procedure for
employees to report work related injuries and
illnesses promptly and accurately.
• A procedure is not reasonable if it would deter or
discourage a reasonable employee from accurately
reporting a workplace injury or illness;

58. Drug Testing
• OSHA’s interprets this rule broadly
to prohibit mandatory post-
accident drug testing, concluding
that such tests discriminate against
employees on the basis of injury
and illness reporting.
• OSHA further explains that
incentive programs are retaliatory
if they offer benefits to employees
or workforces who do not report
injuries and illnesses
• OSHA announced that it was
delaying the enforcement date of
the new rules to November 1, 2016
Reporting guidance memo allows latency for
ergo injury
Cannot use drug testing to discourage report
injury. Ex in the Fed Register is
Carpal tunnel.
Only drug testing an injured in a crane
incident.

59. May 2016
• “1700 pages of discovery later and
they folded like a cheap suit.”
• “The issue is that 2 employees
were wearing orange jackets.
When the CSHO was taking photos
at 915am there was an employee
signaling the crane.
• When the CSHO came back at 1pm
- Foreman was monitoring and also
wearing an orange jacket.”

60. May 2016

61. 2017

62. Non Permit Alternate Procedures cont.
• Continuous forced air ventilation
must be used
• atmosphere within the space must
be continuously monitored
• must ensure a safe method of
entering and exiting the space.
• written certification that contains
the date, the location of the space,
and the signature of the person
providing the certification.
62
1926.1203(e)(2)

63. Jan 2017
Gunnebo Johnson Swivel eye hookCrosby Shur Loc

64. Columns
• Columns evaluated
whether guying and
bracing needed
1926.755(a)(4)

65. March 2016
• Friday at 3pm
• 3-inch slump
concrete
• Boot stuck
• Ripped hamstring
• 3800 lbs in 2 days
• 4000 lbs design
Training, mats,
different concrete,
stretching

66. OSHA Training September 2016
• Falls
• Confined Space
• Work Zone
• Cranes/Rigging
• Silica
• Trenching

67. OSHA

68. OSHA

69. OSHA
• “We are swamped with
AMPUTATIONS”
• OSHA October 2016
• Aurora saw about 100-115
amputations in 2016.
• Inspection is about 40%.
• Many during setup with machine
energized.
• They inspect those with failure of
machine guarding or lockout.
• The minor servicing exemption
comes into play.

70. Ladders as a Last Resort
• JLG lift pod

71. General Duty
Emergency Stops

72. OSHA
• First Three Years of CSHO Training
• #1000 Initial Compliance.
• #1050 Introduction to Safety Standards for Safety
Officers (safety career path/safety specialists).
• #1250 Introduction to Health Standards for
Industrial Hygienists (health career path/industrial
hygienists).
• #2000 Construction Standards (construction career
path/ construction specialists).
• #1310 Investigative Interviewing Techniques
• #1410 Inspection Techniques and Legal Aspects.
• #2450 Evaluation of Safety and Health
Management Systems.
• #1230 Accident Investigation.
• #8200 Incident Command System I-200 course,

73. OSHA

74. May 2016• Pillsbury Mills plant in Springfield IL
• Joseph Chernis IV, a federal indictment
for improper asbestos removal and for
making false statements
• The penalty on each count is up to five
years in prison followed by three years
of supervised release and a fine of up
to $250,000.
• Chernis, of Sherman, is accused of
hiring an untrained individual to
illegally remove more than 1,000 feet
of asbestos pipe insulation from four
buildings between October 2014 and
August 2015.
• "The asbestos debris was stuffed into
approximately 300 garbage bags and at
least two open-topped cardboard
boxes, and left inside vacant buildings
at the facility," according to the
indictment announcement.

75. April 2016
• Don Blankenship, the longtime chief executive
officer of Massey Energy, was convicted on
charges that he violated federal mine safety
laws at the company’s Upper Big Branch Mine
prior to an April 2010 explosion that killed 29
miners.
• One year in prison + $250,000
• This is the maximum sentence allowed under
the law.

76. Jan 2016
• Cincinnati OH
• Grand jury indicts two managers
• Zachary Henzerling was working at
Environmental Enterprises on Dec.
28, 2012, when a fire broke out as
he was treating hazardous waste.
• The Colerain Township man was
burned, and later died from his
injuries.
• Another worker also was badly
burned in the incident.

77. Oct 2015
• OSHA moves to a new enforcement
weighting system that assigns
greater value to complex
inspections that require more time
and resources.
• Routine inspections count as one
unit, while those requiring greater
resources — such as those
involving musculoskeletal
disorders, chemical exposures,
workplace violence, and process
safety management violations —
count as up to nine units.

78. Oct 2015
• Since the beginning of the year,
more than 20 workers with
allegedly bogus OSHA cards have
been busted at NY city
construction sites, sources
familiar with the crackdown said.

79. Oct 2015
• A jury convicted Griffin Campbell
of six counts of involuntary
manslaughter, rejecting the
third-degree murder charges
sought by prosecutors who said
Campbell ignored warnings of an
imminent collapse.

80. 2016 Problems
• Trench 5-6 feet deep.
• Spoil at edge.
• No access.
OSHA fines P.T. Ferro, says Joliet contractor put trench
workers in danger
The agency proposed penalties of $104,756.

81. 2016 Problems
• Holes not secured and covered
with steel plate and fenced off.

82. 2016 Problems
• Rigging is used when damaged

83. 2016 Problems
• Not keeping the 10 feet safe
clearance from powerlines
• 240 volts temp lights may not be
ok to encroach on the 10 foot.
• Weatherproofing is not
insulation.

84. 2016 Problems
• Workers have ZERO documented
training in the MUCTD so set up
cones and flags haphazardly

85. May 2016

86. October 2016

87. October 2016

88. October 2016

89. September 2016

90. Apr 2016

91. Nov 2015

92. April 2015
• Lifting a piece of pine
about 5 foot long 18
inches across
• “the load made it to the
ground ok the hook of
the biner caught the
strap and held till we
lowered it down.”
92
1910.184(d)
Inspections. Each day before being used, the sling and all fastenings and
attachments shall be inspected for damage or defects by a competent person
designated by the employer.

93. May 2014
• Providence RI
• 8 hurt in fall
• The US Occupational Safety and
Health Administration said the
rigging used put excessive weight
on a carabiner, causing the metal
loop to fail, and the acrobats, who
were hanging by their hair, to fall
15 to 20 feet
• According to OSHA, circus staff
violated both industry practice and
the manufacturer’s instructions for
using the carabiner by attaching it
so it was pulled in three directions,
rather than two.

94. Feb 2016
94
A 26-year-old tower climber is expected to be in intensive care for another
ten days after he fell from a guyed tower in Rosenberg, Tex. when his
personal fall protection equipment failed after he slipped from a brace on
a climbing face as he was descending after a day’s work on an LTE project
for AT&T.

95. Key Changes in Z359.1
• Section 3.2.1.4
• Gate face strength requirements
have changed from 220 lbs.
(1kN) (old Standard) to 3,600
lbs. (16kN) (new Standard).
95

96. June 2013
• Officials canceled
work on the St.
Charles County
bridge after a 55-
gallon drum being
lifted by a crane fell
on 51-year-old
Jerseyville IL man.
• He was pronounced
dead at the scene.

97. Drums 2015

98. July 2015
• Issues?
• “Perfect balance for cowboy boots”
• Photo Justin Morrison
98

99. February 2015
• Genie
• Allows a user to exit the platform and work
comfortably around the outside of the
platform with a 6-ft lanyard. It attaches to a 6-
or 8-ft platform on all Genie telescopic and
articulating boom lifts with lift heights higher
than 40 ft., with the exception of the S-125HD
model.

100. JLG
100

101. July 2015
• San Luis Obispo, CA
• The machine's blades "came around and
broke his arm and came around again and
broke his arm a little further up the next
turnaround," said San Luis Obispo Fire
Battalion Chief Neal Berryman
• Berryman said the man's head or neck would
have been hit next.
101

102. July 2015
• MIDDLEFIELD, Ohio – Shady
Knob violated the law when they
allowed a 14-year-old boy to
operate machinery, which
resulted in him losing his hand.
• “Workers under age 18 are
prohibited from operating
power-driven woodworking
machinery, such as the wood
planer used here,” said Howard
Eberts, OSHA’s area director in
Cleveland.
102
Unsafe!
Safe

103. March 2015
• Island Lake IL
• The machinist was
using sandpaper to
remove surface rust
from a part of a
computer-run
machine.
• His hand was caught
and pulled into
rotating parts,
breaking his bones.
• The worker underwent
several surgeries and
rehabilitation
103

104. ANSI B Series
The user shall designate, provide, and ensure
the use of at least one of the following methods
of safeguarding that affords protection for the
operator, consistent with the requirements of
the task:
• guard(s)
• safeguarding device(s)
• awareness barrier(s) or awareness device(s)
• safe work procedure(s).
104

105. Machine Guarding

106. Verification Citation $53,900

107. Silica

108. Silica

109. Silica

110. Standard
Permit-Required Confined Spaces
• 29 CFR 1910.146
• Four revisions since was made law
by OSHA
• 29 CFR 1926.1200
110
1910.146(c)(2)
If the workplace contains permit spaces, the employer shall 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.

111. Sign
111

112. Coolers
112
Confined space?

113. Coolers
• Nashville TN
• When the power was restored to
the building on June 17, 2012,
Luther went to check on the cooler.
• After he entered, the door
slammed shut, locking him inside.
• The latch release didn’t work
• Luther pressed a panic button
inside the cooler and the security
alerted the police.
• The lawsuit claims that a dry ice
company recommended that the
restaurant use 500 pounds of
dry ice in the cooler to prevent
the food from spoiling.
113

114. Cooler 2016
• March 2016
• A woman was found dead inside
a freezer at a downtown Atlanta
hotel Tuesday morning.
• Atlanta police said the body of
Caroline Robinson, 61, of East
Point, was discovered at the
Hotel.
• The woman’s family, through
The Witherspoon Law Group it
hired, said even though the
Hotel maintains the freezer’s exit
device “worked
perfectly,” injuries to Robinson’s
hands are consistent with those
of a person suffering and
struggling to escape.
114

115. Non Permit
• 1910.146(c)(7) A space classified
by the employer as a permit-
required confined space may be
reclassified as a non-permit
confined space under the
following (4) procedures:
• 1) 1910.146(c)(7)(i) - If the
permit space poses no actual or
potential atmospheric hazards
and if ALL HAZARDS within the
space are eliminated without
entry into the space, the permit
space may be reclassified as a
non-permit confined space for
as long as the non-atmospheric
hazards remain eliminated.
115

116. Non Permit
• 1910.146(c)(7) A space classified by
the employer as a permit-required
confined space may be reclassified
as a non-permit confined space
under the following (4) procedures:
• 2) 1910.146(c)(7)(ii) - If it is
necessary to enter the permit
space to eliminate hazards, such
entry shall be performed under
paragraphs (d) through (k) of this
section.
• If testing and inspection during
that entry demonstrate that the
hazards within the permit space
have been eliminated, the permit
space may be reclassified as a non-
permit confined space for as long
as the hazards remain eliminated
116

117. Non Permit
• 1910.146(c)(7) A space classified by
the employer as a permit-required
confined space may be reclassified as
a non-permit confined space under
the following (4) procedures:
• 3) 1910.146(c)(7)(iii) - The employer
shall document the basis for
determining that all hazards in a
permit space have been eliminated,
through a certification that contains
the date, the location of the space,
and the signature of the person
making the determination.
• The certification shall be made
available to each employee entering
the space or to that employee's
authorized representative
117
This document certifies that the
___________________________ (location) has
been cleared for a change in status from a Permit
Confined Space to a Non-Permit Confined Space
provided that the below conditions are met.
All entrants/attendants involved in any entry have
completed the Confined Space Entry training.
All hazards other than atmospheric (e.g.,
lockout/tag out) can be completed without entry.
Any conditions making it unsafe have been
eliminated.
Date:
Certification Completed By:

118. Non Permit
• 1910.146(c)(7) A space classified by
the employer as a permit-required
confined space may be reclassified
as a non-permit confined space
under the following (4) procedures:
• 4) 1910.146(c)(7)(iv) - If hazards
arise within a permit space that
has been declassified to a non-
permit space under paragraph
(c)(7) of this section, each
employee in the space shall exit
the space.
• The employer shall then reevaluate
the space and determine whether
it must be reclassified as a permit
space, in accordance with other
applicable provisions of this
section.
118

119. Non Permit
• From an interpretation in
1996
• Question 2: May
mechanical hazards be
eliminated by compliance
with § 1910.147?
• Answer: Yes
119

120. • Continuous forced air ventilation
must be used…..
1926.1203(b)(2)(v)

121. • The atmosphere within the space
must be continuously monitored
1926.1203(b)(2)(vi)

122. Certification

123. Questions?
123