29 CFR 1910 · General Industry · Subpart J

1910.146(c)(7): Reclassifying a Permit Space

By Black Belt Safety Editorial Team Official text as of octubre 15, 2026 Data updated octubre 20, 2026 4 min read

In plain words:

An employer may reclassify a permit-required confined space as a non-permit space only if it has no actual or potential atmospheric hazards and all hazards are eliminated, either without entry or through a full permit entry with testing to confirm it, and only as long as hazards stay eliminated. Forced air ventilation alone does not eliminate hazards, the basis must be certified with date, location and signature, and if hazards arise everyone must exit and the space must be reevaluated.

Key takeaways

  • 1910.146(c)(7) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart J).
  • OSHA cited it 50 times in the last 3 years, in 46 inspections, with $133,596 in current penalties.
  • 2 deaths are linked to inspections that cited this rule.
  • Most citations: MI (8), MN (8), OH (7).
  • Related part: 1910.146(c) General requirements (1,090 citations).
  • Free 5-minute toolbox talk for your crew below.
50citations, 3 years
$133,596current penalties
46inspections
2linked deaths
In this article
  1. What this rule covers
  2. Official text
  3. Injuries linked to this rule
  4. Where and how often it was cited
  5. Free toolbox talk
  6. OSHA interpretation letters
  7. Related parts of this rule
  8. Get your crew competent
  9. Frequently asked questions
  10. About this page

What this rule covers

29 CFR 1910.146(c)(7) is one requirement inside 1910.146 Permit-required confined spaces, an OSHA general industry standard (Part 1910, Subpart J). It includes 4 sub-paragraphs. 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

(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: 50 citations

(i) If the permit space poses no actual or potential atmospheric hazards and if all hazards within the space are eliminated without entry into the space, the permit space may be reclassified as a non-permit confined space for as long as the non-atmospheric hazards remain eliminated. Open (c)(7)(i) 9 citations

(ii) If it is necessary to enter the permit space to eliminate hazards, such entry shall be performed under paragraphs (d) through (k) of this section. If testing and inspection during that entry demonstrate that the hazards within the permit space have been eliminated, the permit space may be reclassified as a non-permit confined space for as long as the hazards remain eliminated. Open (c)(7)(ii)

Control of atmospheric hazards through forced air ventilation does not constitute elimination of the hazards. Paragraph (c)(5) covers permit space entry where the employer can demonstrate that forced air ventilation alone will control all hazards in the space.

(iii) 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. Open (c)(7)(iii) 33 citations

(iv) If hazards arise within a permit space that has been declassified to a non-permit space under paragraph (c)(7) of this section, each employee in the space shall exit the space. The employer shall then reevaluate the space and determine whether it must be reclassified as a permit space, in accordance with other applicable provisions of this section. Open (c)(7)(iv)

Source: eCFR, text current as of 2026-10-15. Read all of 1910.146.

Injuries linked to this rule

2 deaths are linked to inspections where OSHA cited 1910.146(c)(7).

Employee is killed when caught between machine and product r
2024-08-29 · Fatal · MEMPHIS, TN

At 6:00 a.m. on August 29, 2024, Employee #1 was working to clear spilled product from inside the Retort machine. While attempting to perform the task, the employee became caught between the top lip of the machine opening and a rackof product being loaded into…

See all 2 cases

Full case list with employer, penalty, filters and download is part of OSHA Data (Purple Belt).

Unlock with Purple Belt

Where and how often it was cited

YearCitations
20233
202415
202519
202613

Top states: MI (8), MN (8), OH (7), NY (5), PA (4)

Largest penalties

EmployerLocationPenalty for this rule
JOBE MATERIALS, L.P.EL PASO, TX$16,550
159387 - CINTAS CORPORATION NO. 2GREENSBORO, NC$14,895
FUYAO GLASS AMERICA, INC.MORAINE, OH$14,518
SUPERLITE AN OLDCASTLE COMPANYCHANDLER, AZ$10,000
DYNOS GROUP GMBHFRANKLIN, OH$9,582

Free toolbox talk

A 5-minute crew talk on 1910.146(c)(7), plus alerts when this rule changes. Free.




OSHA interpretation letters

Related parts of this rule

Get your crew competent

Trainers on Black Belt Safety: Marc Harvey, Dana Reyes

Trainers and suppliers: feature your business on this rule for $25/month.

Frequently asked questions

Does ventilation make a permit space non-permit?

No. Control of atmospheric hazards through forced air ventilation does not constitute elimination of the hazards.

What must the reclassification certificate include?

The date, the location of the space, and the signature of the person making the determination.

What happens if a hazard shows up after reclassification?

Each employee in the space must exit, and the employer must reevaluate the space.

About this page

Sources

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.

Written and reviewed by

Black Belt Safety Editorial Team

Site Safety Officer and Safety Professional

OSHA 30 · CPR · USACE CQM

Written and reviewed by the Black Belt Safety team. Every post is checked against the OSHA standard or agency source it cites.

Desplácese hacia arriba