OSHA 1926.1203(a): identifying confined spaces before work starts
Under 29 CFR 1926.1203(a), before it begins work at a worksite each employer must ensure a competent person identifies all confined spaces where its employees may work and identifies which are permit spaces, evaluating each space’s elements and testing as necessary.
Official text
(a) Before it begins work at a worksite, each employer must ensure that a competent person identifies all confined spaces in which one or more of the employees it directs may work, and identifies each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.Read the full section on eCFR
(b) If the workplace contains one or more permit spaces, the employer who identifies, or who receives notice of, a permit space must: (1) 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, each permit space; and Note to paragraph (b)(1). A sign reading “DANGER—PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or using other similar language would satisfy the requirement for a sign. (2) Inform, in a timely manner and in a manner other than posting, its employees' authorized representatives and the controlling contractor of the existence and location of, and the danger posed by, each permit space.Read the full section on eCFR
(c) Each employer who identifies, or receives notice of, a permit space and has not authorized employees it directs to work in that space must take effective measures to prevent those employees from entering that permit space, in addition to complying with all other applicable requirements of this standard.Read the full section on eCFR
What it requires, in plain English
- A competent person identifies confined spaces and permit spaces before the employer begins work at the worksite.
- Exposed employees are informed of each permit space by danger signs or an equally effective means, and employees’ authorized representatives and the controlling contractor are informed by a means other than posting.
- An employer that hasn’t authorized its employees to enter a permit space takes effective measures to keep them out.
- A sign reading “DANGER—PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or similar language satisfies the sign requirement.
Where it shows up on site
- Open manholes, vaults and utility pits with workers nearby
- Crawl spaces, tanks and pits on renovation work
- A sewer or lift station opening with no sign posted
Verify on site before you call it
A photo rarely shows every fact a standard depends on. Confirm these in person before treating the condition as a violation:
- Has a competent person identified this space and decided whether it is a permit space?
- Is the space large enough to enter, with limited means of entry or exit, and not designed for continuous occupancy?
- Has the atmosphere been tested, and are there engulfment, entrapment or other serious hazards?
- Are these employees authorized to enter, or should they be kept out under 1926.1203(c)?
- Has the controlling contractor been told about the space?
Typical corrective actions
- Keep employees out of the space until a competent person has evaluated it.
- Post danger signs at permit spaces and inform the controlling contractor and employee representatives.
- Cover, barricade or otherwise secure openings to prevent unauthorized entry.
- If entry is needed, implement a written permit space program under 1926.1204 before anyone enters.
Common questions
Who identifies confined spaces on a construction site?
Under 1926.1203(a), each employer must ensure that a competent person identifies all confined spaces where its employees may work, and identifies which are permit spaces, before it begins work at the worksite.
Do permit-required confined spaces need a sign?
Exposed employees must be informed of each permit space by danger signs or any other equally effective means under 1926.1203(b)(1). The note to that paragraph says a sign reading “DANGER—PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or similar language would satisfy the requirement.
Turn the observation into a notice
Record what the photo shows, confirm the on-site checks above, and identify the responsible company and due date. Use the fillable construction safety notice template or follow aworked example from observation to verified fix. Cirqify can draft the notice from your circled photo for you to review.
Related standards
This guide summarizes federal OSHA construction standards for general information. It is not legal advice. States with their own OSHA-approved plans may set different or additional requirements; see federal and state coverage.