1910.146(c)(3): Preventing Entry When Employees Will Not Enter
If an employer decides its employees will not enter permit spaces, it must take effective measures to prevent them from entering. The employer must also still comply with paragraphs (c)(1), (c)(2), (c)(6) and (c)(8) of the permit space standard.
Key takeaways
- 1910.146(c)(3) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart J).
- OSHA cited it 40 times in the last 3 years, in 40 inspections, with $85,886 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: MI (16), VA (5), NV (3).
- Related part: 1910.146(c) General requirements (1,090 citations).
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In this article
What this rule covers
29 CFR 1910.146(c)(3) is one requirement inside 1910.146 Permit-required confined spaces, an OSHA general industry standard (Part 1910, Subpart J). The official text below is copied word for word from the Electronic Code of Federal Regulations (eCFR). The numbers, injury cases and training on this page show how OSHA enforces it on real job sites.
Official text
(3) If the employer decides that its employees will not enter permit spaces, the employer shall take effective measures to prevent its employees from entering the permit spaces and shall comply with paragraphs (c)(1), (c)(2), (c)(6), and (c)(8) of this section. 40 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1910.146.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1910.146(c)(3).
At 11:30 a.m. on November 29, 2023, an employee was dumping carts of scrap paperinto the hopper of the manual baling machine. After dumping a cart of paper, theemployee ascended a work platform adjacent to the hopper and placed a closed A-frame ladder into the…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 2 |
| 2024 | 16 |
| 2025 | 14 |
| 2026 | 8 |
Top states: MI (16), VA (5), NV (3), NJ (3), MT (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| CMC CONTROL | WATERLOO, IA | $13,500 |
| RAIL MODAL GROUP LLC | FREMONT, NE | $11,409 |
| LIFEWAY WISCONSIN, INC. | WAUKESHA, WI | $9,103 |
| FURNITURE DEALS | PECULIAR, MO | $7,904 |
| DESERT PALACE LLC | LAS VEGAS, NV | $7,535 |
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OSHA interpretation letters
Related parts of this rule
- 1910.146(c) General requirements 1,090 citations
- 1910.146(c)(2) 359 citations
- 1910.146(c)(1) 293 citations
- 1910.146(c)(4) 253 citations
- 1910.146(c)(5) 63 citations
- 1910.146(c)(5)(ii) 59 citations
- 1910.146(c)(7) 50 citations
- 1910.146(c)(7)(iii) 33 citations
- 1910.146(c)(5)(ii)(C) 24 citations
- 1910.146(c)(8) 19 citations
- 1910.146(c)(9) 11 citations
- 1910.146(c)(5)(ii)(H) 10 citations
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Frequently asked questions
What if our company decides workers will not enter permit spaces?
The employer must take effective measures to prevent employees from entering those spaces.
Does deciding not to enter remove all permit space duties?
No. The employer must still comply with paragraphs (c)(1), (c)(2), (c)(6) and (c)(8) of 1910.146.
What does effective measures mean here?
The rule requires measures that actually prevent employees from entering; it does not list specific methods in this paragraph.
About this page
Sources
- 29 CFR 1910.146 (eCFR), text current as of 2026-10-15
- U.S. Department of Labor enforcement data: OSHA inspections, citations and accident records, copied nightly; data as of 2026-10-20
3-year window. Federal OSHA only; state-plan rules are not counted. Plain-language text is a summary, not legal advice; the official text controls. Black Belt Safety is not part of OSHA or the Department of Labor.