Do All Permit Required Confined Spaces Require a Permit?

On the surface, this appears to be a silly question. Regulations, however, often have nuances and it so happens that according to Title 8 CCR §5157, the answer is ‘No’. Let me explain.

In California, Title 8 CCR §5156-5159 regulate all confined space activities. According to the legal definition a “Confined space means a space that:

1. Is large enough and so configured that an employee can bodily enter and perform assigned work; and
2. Has 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 of entry.); and
3. Is not designed for continuous employee occupancy.”

It is further defined that a “Permit-required confined space (permit space) means a confined space that has one or more of the following characteristics:

1. Contains or has a potential to contain a hazardous atmosphere;
2. Contains a material that has the potential for engulfing an entrant;
3. Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or
4. Contains any other recognized serious safety or health hazard.”

Due to the hazardous properties of ammonia, any confined space containing ammonia pipe or equipment must comply with Title 8 CCR §5157 for permit-required confined spaces and would not be eligible for the less stringent requirements of Title 8 CCR §5158 (non-permit required confined spaces).

Title 8 CCR §5157 requires adherence to the following paragraphs:

(a) – Scope and application

(b) – Definitions

(c) – General requirements

(d) – Permit-required confined space program (permit space program)

(e) – Permit system

(f) – Entry permit

(g) – Training

(h) – Duties of authorized entrants

(i) – Duties of attendants

(j) – Duties of entry supervisors

(k) – Rescue and emergency services

(l) – Employee participation

(m) – Appendices

However, a company may elect to use the alternate procedures specified in Title 8 CCR §5157(c)(5) if the only hazard posed by the permit space is an actual or potential hazardous atmosphere (e.g. ammonia exposure) and therefore would not have to comply with Title 8 §5157(d) through (f) and (h) through (k). When eligible for using the alternate procedures, the applicable confined space entry subsections in Title 8 §5157 are:

(a) – Scope and application

(b) – Definitions

(c) – General requirements

(d) – Permit-required confined space program (permit space program)

(e) – Permit system

(f) – Entry permit

(g) – Training

(h) – Duties of authorized entrants

(i) – Duties of attendants

(j) – Duties of entry supervisors

(k) – Rescue and emergency services

(l) – Employee participation

(m) – Appendices

A company is eligible to use the alternate procedures in Title 8 CCR §5157(c)(5) provided that all of the following conditions are met:

• 5157(c)(5)(A)1. – Facility can demonstrate that the only hazard posed by the permit space is an actual or potential hazardous atmosphere (e.g. ammonia or other toxic gases)
• 5157(c)(5)(A)2. – Facility can demonstrate that continuous forced air ventilation alone is sufficient to maintain that permit space safe for entry
• 5157(c)(5)(A)3. – Facility has implemented monitoring and inspection data that supports the demonstrations required by subsections (c)(5)(A)1. and (c)(5)(A)2.
• 5157(c)(5)(A)4. – If an initial entry of the permit space is necessary to obtain the data required by subsection (c)(5)(A)3., the entry is performed in compliance with subsections (d) through (k)
• Title 8 §5157(c)(5)(A)5. – The determinations and supporting data required by subsections (c)(5)(A)1., (c)(5)(A)2. and (c)(5)(A)3. are documented by the facility 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;
• Title 8 §5157(c)(5)(A)6. – Entry into the permit space under the terms of subsection (c)(5)(A) is performed in accordance with the requirements of subsection (c)(5)(B)

For any permit-required confined space that would not meet the criteria described above, personnel would only be allowed to enter the confined space if all requirements of Title 8 CCR §5157 had been met.