1910.146(k)(1): Evaluating and Selecting Permit Space Rescue
Employers who designate rescue and emergency services for permit spaces must evaluate each prospective rescuer's ability to respond in a timely manner for the hazards identified, and their proficiency with rescue tasks and equipment. They must select a team that can reach victims in an appropriate time and is equipped and proficient, inform the team of the hazards, and give it access to permit spaces to plan and practice rescues.
Key takeaways
- 1910.146(k)(1) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart J).
- OSHA cited it 123 times in the last 3 years, in 104 inspections, with $433,210 in current penalties.
- 2 deaths are linked to inspections that cited this rule.
- Most citations: MN (25), NJ (22), CT (13).
- Related part: 1910.146(k) Rescue and emergency services (204 citations).
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In this article
What this rule covers
29 CFR 1910.146(k)(1) is one requirement inside 1910.146 Permit-required confined spaces, an OSHA general industry standard (Part 1910, Subpart J). It includes 7 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
(1) An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, shall: 123 citations
(i) Evaluate a prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified; Open (k)(1)(i) 29 citations
What will be considered timely will vary according to the specific hazards involved in each entry. For example, § 1910.134, Respiratory Protection, requires that employers provide a standby person or persons capable of immediate action to rescue employee(s) wearing respiratory protection while in work areas defined as IDLH atmospheres.
(ii) Evaluate a prospective rescue service's ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified; Open (k)(1)(ii) 27 citations
(iii) Select a rescue team or service from those evaluated that: 7 citations
(A) Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; 5 citations
(B) Is equipped for and proficient in performing the needed rescue services;
(iv) Inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site; and Open (k)(1)(iv) 4 citations
(v) Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations. Open (k)(1)(v) 10 citations
Non-mandatory appendix F contains examples of criteria which employers can use in evaluating prospective rescuers as required by paragraph (k)(1) of this section.
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(k)(1).
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 | 6 |
| 2024 | 55 |
| 2025 | 33 |
| 2026 | 29 |
Top states: MN (25), NJ (22), CT (13), TX (10), IL (8)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| 107323 - WAYNE TRANSPORTS INC | VIRGINIA, MN | $67,200 |
| TACTICAL CLEANING ACQUISITION, LLC | HARWOOD, TX | $35,748 |
| CLEAN HARBORS ENVIRONMENTAL SERVICES INC. | TWINSBURG, OH | $33,100 |
| 109588 - LANG COMPANIES INC DBA LANG FEEDS INC | EDEN VALLEY, MN | $25,000 |
| HEIDELBERG MATERIALS US CEMENT, LLC | MIDDLEBRANCH, OH | $16,550 |
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OSHA interpretation letters
- Permit-Required Confined Space Entry Requirements For IDLH and Non-IDLH Spaces (2014-07-17)
- Employer selection of local fire department as its off-site rescue service for compliance with 29 CFR 1910.146(k)(1). (2008-05-23)
- Respiratory protection and emergency escape requirements for IDLH atmospheres. (2003-01-13)
Related parts of this rule
- 1910.146(k) Rescue and emergency services 204 citations
- 1910.146(k)(3) 43 citations
- 1910.146(k)(2) 38 citations
- 1910.146(k)(1)(i) 29 citations
- 1910.146(k)(1)(ii) 27 citations
- 1910.146(k)(2)(iv) 26 citations
- 1910.146(k)(3)(i) 10 citations
- 1910.146(k)(1)(v) 10 citations
- 1910.146(k)(3)(ii) 9 citations
- 1910.146(k)(2)(iii) 5 citations
- 1910.146(k)(1)(iv) 4 citations
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Frequently asked questions
What must employers check before choosing a confined space rescue service?
Its ability to respond in a timely manner for the hazards identified, and its proficiency with rescue-related tasks and equipment.
What does timely mean for rescue?
It varies with the specific hazards of each entry.
Must the rescue team see the permit spaces?
Yes. The employer must give the selected team access to all permit spaces from which rescue may be needed so it can plan and practice.
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.
