803 KAR 2:200. Confined space entry.
RELATES TO: KRS 338.051, 338.061
STATUTORY AUTHORITY: KRS 338.051(3), 338.061
NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to the authority granted to the Kentucky Occupational Safety and Health Standards Board by 338.051 and 338.061, the following administrative regulation is adopted. The function of this administrative regulation is to set forth minimum safety and health requirements for those employees who must enter confined spaces for the purposes of performing their duties in the course of their employment.
Section 1. Definitions. (1) "Confined space" means a space having the following characteristics:
(a) Limited means for exit and entry; and
(b) Ventilation of the space is lacking or inadequate, allowing for the potential accumulation of toxic air contaminants, flammable or explosive agents, or depletion of oxygen.
(2) "Emergency entry" means entry into a confined space necessitated by a sudden and unexpected condition requiring immediate action.
(3) "Toxic air contaminants" means those substances listed in Subpart Z of 29 CFR 1910 as adopted by 803 KAR 2:320; and, whenever a substance is not listed in Subpart Z, those substances with exposure limits listed in the National Institute for Occupational Safety and Health (NIOSH), 1980 "Registry of Toxic Effects of Chemical Substances."
(4) "Lower explosive limit (LEL)" means the minimum concentration of gas or vapor below which propagation of flame does not occur on contact with a source of ignition.
(5) "Zero mechanical state (ZMS)" means the mechanical state of a machine or equipment in which:
(a) Every power source that can produce a machine or equipment member movement has been locked/tagged out as outlined in National Fire Protection Association Pamphlet (NFPA) 70-E-1981, Part II, Chapter 4, or American National Standard Z244.1-1982;
(b) Pressurized fluid (air, oil, or other) power lockoffs (shutoff valves), if used, will block pressure from the power source and will reduce pressure on the machine or equipment side port of that valve by venting to atmosphere or draining to tank;
(c) All accumulators and air surge tanks are reduced to atmospheric pressure or are treated as power sources to be locked/tagged out, as outlined in National Fire Protection Association Pamphlet (NFPA) 70-E-1981, Part II, Chapter 4, or American National Standard Z244.1-1982;
(d) The mechanical potential energy of all portions of the machine or equipment is at its lowest practical value so that the opening of the pipe(s), tube(s), hose(s), or actuation of any valve or lever will not produce a movement which could cause injury;
(e) Pressurized fluid (air, oil, or other) trapped in the machine or equipment lines, cylinders, or other components is not capable of producing a machine motion upon actuation of any valve or lever;
(f) The kinetic energy of the machine or equipment members is at its lowest practical value;
(g) Loose or freely movable machine or equipment members are secured against accidental movement; and
(h) A workpiece or material support, retained or controlled by the machine or equipment, shall be considered as part of the machine or equipment if the workpiece or material can move or can cause machine or equipment movement.
(6) "Agricultural production operation" means establishments engaged primarily in the production of crops or livestock.
Section 2. Application and Scope. (1) This regulation applies only to those confined spaces, as defined in Section 1(1) of this administrative regulation, which are not specifically covered by other administrative regulations adopted by this chapter, such as in the construction industry standards, 29 CFR Part 1926.
(2) This administrative regulation does not apply to agricultural production operations.
(3) This administrative regulation does not apply to employers in general industry who are covered by 29 CFR 1910.146, "Permit-required Confined Spaces", as adopted by 803 KAR 2:309.
(4) This administrative regulation does not preempt any specific applicable regulation.
Section 3. Confined Space Entry: Nonemergency and Nonrescue. Except as provided in Section 4 of this administrative regulation, entry into a confined space shall not be made unless the following procedures have been accomplished:
(1) All pipes, lines, or other connections which may carry harmful agents into the confined space have been disconnected or blocked by some means which assures complete closure. In continuous systems, such as but not limited to sewers or utility tunnels, where complete isolation is not possible, written safety procedures to ensure employees' safety and health shall be developed and administered.
(2) Fixed mechanical devices or equipment that are capable of causing injury shall be placed at zero mechanical state (ZMS). The electrical equipment, excluding lighting, shall be locked out or tagged out in accordance with National Fire Protection Pamphlet (NFPA) 70-E-1981, Part II, Chapter 4, or American National Standard Z244.1-1982.
(3) The internal atmosphere of the confined space shall be tested for oxygen content, flammable or explosive agents, or any toxic air contaminant(s) of which an employer, who is or should be reasonably familiar with the practices, procedures, and methods of operation in the industry, has or should have knowledge. If the oxygen content is less than nineteen and five-tenths (19.5) percent (148 mm Hg), or if the flammable or exposure agents are detected in excess of twenty-five (25) percent of the lower explosive limit (LEL), or if the toxic air contaminant(s) are present in levels which exceed allowable limits as set forth in 29 CFR 1910, Subpart Z as adopted by 803 KAR 2:320, and whenever a substance is not listed in Subpart Z, the exposure levels listed in the National Institute for Occupational Safety and Health (NIOSH), 1980 "Registry of Toxic Effects of Chemical Substances," the following provisions apply:
(a) The confined space shall be ventilated until the unsafe condition(s) are eliminated, and the ventilation shall be continued as long as there is a possibility of recurrence of the unsafe condition(s) while the confined space is occupied by employee(s).
(b) If oxygen deficiency or toxic air contaminant level(s) cannot be eliminated by ventilation, or as an alternative to ventilation, employee(s) may be allowed to enter a confined space only with appropriate respiratory protection. Respirator usage shall be in accordance with the requirements of 29 CFR 1910.134 as adopted by 803 KAR 2:308. Respiratory protection shall be provided and maintained at no cost to employee(s). If a self-contained respirator is used, the wearer shall not be permitted to remain within the confined space, when the primary air system is depleted or being replaced. The reserve air supply shall be used only for escape purposes. Employee(s) shall be allowed to enter a confined space containing explosive or flammable agents exceeding twenty-five (25) percent lower explosive limits (LEL), only during emergency or rescue operations.
(4) Provisions shall be made for constant communications: visual, voice and/or other means, between employee(s) within the confined space and an employee in the immediate vicinity outside the confined space.
(5) Provision shall be made for rescue procedures, including rescue equipment and rescue training, as outlined in Section 4 of this administrative regulation.
(6) Ladders or other safe means shall be used to enter and exit confined spaces exceeding four (4) feet in depth.
Section 4. Confined Space Entry: Emergency and Rescue. (1) The employer shall establish a written procedure for emergency and rescue methods and operations covering all confined space entries. The procedure shall include at a minimum:
(a) An assessment of the hazard(s);
(b) Personnel required to perform the rescue or emergency entry;
(c) Precautions to be taken while in the confined space;
(d) Personal protective equipment to be used;
(e) Rescue equipment such as but not limited to respirators, life lines, safety belts, safety harnesses, wristlets, hoisting equipment when an employee must be lifted vertically, and other equipment; and
(f) Tools and other equipment to be used.
(2) The employer shall establish a training program to instruct affected employees in the procedures and practices for emergency and rescue confined space entry. The training shall be repeated annually or more often as needed. The employer shall maintain records of the most recent training program conducted. The records shall include the date(s) of the training program, the instructor(s) of the training program, and the employee(s) to whom the training was given.
(3) The employer shall assure that personnel with rescue training, basic first aid, and CPR, in the vicinity of the confined space are readily available to render emergency assistance as may be required. (10 Ky.R. 330; Am. 619; eff. 12-2-83; 20 Ky.R. 638; 968; eff. 11-8-93; 23 Ky.R. 1684; eff. 12-13-96.)