1910.146(d)(5): Testing Permit Space Conditions
Employers must test permit space conditions before entry to confirm acceptable entry conditions, and keep testing or monitoring during entry. Atmospheric testing must be done first for oxygen, then combustible gases and vapors, then toxic gases and vapors, and entrants or their representatives may observe testing, request reevaluation, and must get results immediately.
Key takeaways
- 1910.146(d)(5) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart J).
- OSHA cited it 91 times in the last 3 years, in 74 inspections, with $768,182 in current penalties.
- 7 deaths are linked to inspections that cited this rule.
- Most citations: MN (11), IL (10), TN (9).
- Related part: 1910.146(d) Permit-required confined space program (480 citations).
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In this article
What this rule covers
29 CFR 1910.146(d)(5) is one requirement inside 1910.146 Permit-required confined spaces, an OSHA general industry standard (Part 1910, Subpart J). It includes 6 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
(5) Evaluate permit space conditions as follows when entry operations are conducted: 91 citations
(i) Test conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin, except that, if isolation of the space is infeasible because the space is large or is part of a continuous system (such as a sewer), pre-entry testing shall be performed to the extent feasible before entry is authorized and, if entry is authorized, entry conditions shall be continuously monitored in the areas where authorized entrants are working; Open (d)(5)(i) 58 citations
(ii) Test or monitor the permit space as necessary to determine if acceptable entry conditions are being maintained during the course of entry operations; and Open (d)(5)(ii) 15 citations
(iii) When testing for atmospheric hazards, test first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors. Open (d)(5)(iii) 4 citations
(iv) Provide each authorized entrant or that employee's authorized representative an opportunity to observe the pre-entry and any subsequent testing or monitoring of permit spaces; Open (d)(5)(iv) 2 citations
(v) Reevaluate the permit space in the presence of any authorized entrant or that employee's authorized representative who requests that the employer conduct such reevaluation because the entrant or representative has reason to believe that the evaluation of that space may not have been adequate;
(vi) Immediately provide each authorized entrant or that employee's authorized representative with the results of any testing conducted in accord with paragraph (d) of this section. 1 citations
Atmospheric testing conducted in accordance with appendix B to § 1910.146 would be considered as satisfying the requirements of this paragraph. For permit space operations in sewers, atmospheric testing conducted in accordance with appendix B, as supplemented by appendix E to § 1910.146, would be considered as satisfying the requirements of this paragraph.
Source: eCFR, text current as of 2026-10-15. Read all of 1910.146.
Injuries linked to this rule
7 deaths are linked to inspections where OSHA cited 1910.146(d)(5).
At approximately 9:34 a.m. on January 10, 2025, an employee was directed to enter a 23,737-gallon rail tank car containing residues of PCBs and transformer oil to obtain wipe samples of the interior surfaces. The rail tank car was a permit-required confined space. The employee…
Full case list with employer, penalty, filters and download is part of OSHA Data (Purple Belt).
Unlock with Purple BeltWhere and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 2 |
| 2024 | 39 |
| 2025 | 26 |
| 2026 | 24 |
Top states: MN (11), IL (10), TN (9), OH (8), TX (7)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| QUALAWASH HOLDINGS, LLC | LA PORTE, TX | $450,000 |
| 107323 - WAYNE TRANSPORTS INC | VIRGINIA, MN | $67,200 |
| KERRY INC. | CALHOUN, GA | $52,000 |
| CLEAN HARBORS ENVIRONMENTAL SERVICES INC. | TWINSBURG, OH | $33,100 |
| 109588 - LANG COMPANIES INC DBA LANG FEEDS INC | EDEN VALLEY, MN | $25,000 |
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A 5-minute crew talk on 1910.146(d)(5), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Retention of atmospheric monitoring records for a permit-required confined space (2023-11-03)
- Applicability of the PRCS standard to aircraft maintenance activities. (2009-05-12)
- Atmospheric Testing required for confined space entry. (1999-03-30)
Related parts of this rule
- 1910.146(d) Permit-required confined space program 480 citations
- 1910.146(d)(3) 107 citations
- 1910.146(d)(4) 66 citations
- 1910.146(d)(9) 63 citations
- 1910.146(d)(5)(i) 58 citations
- 1910.146(d)(2) 40 citations
- 1910.146(d)(4)(i) 33 citations
- 1910.146(d)(6) 31 citations
- 1910.146(d)(14) 23 citations
- 1910.146(d)(10) 17 citations
- 1910.146(d)(1) 16 citations
- 1910.146(d)(3)(iii) 15 citations
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Frequently asked questions
In what order must the air be tested?
First for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors.
What if the space cannot be isolated, like a sewer?
Pre-entry testing must be done to the extent feasible, and entry conditions continuously monitored where entrants are working.
Can an entrant ask for a retest?
Yes. The employer must reevaluate in the presence of an entrant or representative who has reason to believe the evaluation may not have been adequate.
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.
