TITLE 8:
GENERAL INDUSTRY SAFETY ORDERS
CHAPTER 4, SUBCHAPTER 7, ARTICLE 108, SECTION 5157

PERMIT-REQUIRED CONFINED SPACES AMENDMENT


Amend section 5157 to read:

5157. Permit-Required Confined Spaces.

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(c) General requirements.

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(5) An employer may use the alternate procedures specified in subsection (c)(5)(B) for entering a permit space under the conditions set forth in subsection (c)(5)(A).

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(A) An employer whose employees enter a permit space need not comply with subsections (d) through (f) and (h) through (k), provided that:

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5. The determinations and supporting data required by subsections (c)(5)(A) 1., 2. and 3. are documented by the employer and are made available to each employee who enters the permit space under the terms of subsection (c)(5) or to that employee's authorized representative; and

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(B) The following requirements apply to entry into permit spaces that meet the conditions set forth in subsection (c)(5)(A).

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3. Before an employee enters the space, the internal atmosphere shall be tested, with a calibrated direct-reading instrument, for the following conditions in the order given:

a. Oxygen content,
b. Flammable gases and vapors, and
c. Potential toxic air contaminants.

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6. The atmosphere within the space shall be periodically tested as necessary to ensure that the continuous forced air ventilation is preventing the accumulation of a hazardous atmosphere.

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8. The employer shall verify that the space is safe for entry and that the pre-entry measures required by subsection (c)(5)(B) have been taken, through a written certification that contains the date, the location of the space, and the signature of the person providing the certification. The certification shall be made before entry and shall be made available to each employee entering the space or to that employee's authorized representative.
9. Any employee who enters the space, or that employee's authorized representative, shall be provided an opportunity to observe the pre-entry testing required by subsections (c)(5)(B)3. and 6.

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(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 procedures:

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(C) 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.

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(d) Permit-required confined space program (permit space program). Under the permit required confined space program required by subsection (c)(4), the employer shall:

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(5) Evaluate permit space conditions as follows when entry operations are conducted:

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(D) Provide each authorized entrant or that employee's authorized representative an opportunity to observe the pre-entry and any subsequent testing or monitoring of permit spaces;
(E) Reevaluate the permit space in the presence of any authorized entrant or that employee's authorized representative who requests that the employer conduct such reevaluation because the entrant or representative has reason to believe that the evaluation of that space may not have been adequate;
(F) Immediately provide each authorized entrant or that employee's authorized representative with the results of any testing conducted in accord with subsection (d).

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(e) Permit system.

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(3) The completed permit shall be made available at the time of entry to all authorized entrants or their authorized representatives, by posting it at the entry portal or by any other equally effective means, so that the entrants can confirm that pre-entry preparations have been completed.

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(k) Rescue and emergency services. The employer shall ensure that at least one standby person at the site is trained and immediately available to perform rescue and emergency services.
(1) The following requirements apply to employers who have employees enter permit spaces to perform rescue services.

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(B) Each member of the rescue service shall be trained to perform the assigned rescue duties. Each member of the rescue service shall also receive the training required of authorized entrants under subsections (g) and (h).

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(l) Employee participation.
(1) Employers shall consult with affected employees and their authorized representatives on the development and implementation of all aspects of the permit space program required by subsection (c).
(2) Employers shall make available to affected employees and their authorized representatives all information required to be developed by this section.
(m)
Appendices. Appendices A through E serve to provide information and non-mandatory guidelines to assist employers and employees in complying with the appropriate requirements of this section.

NOTE: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.