1926.1203(e)(2)(iii): Pre-Entry Air Testing for Construction Confined Spaces
Before an employee enters a confined space, the air inside must be tested with a calibrated direct-reading instrument for oxygen, then flammable gases and vapors, then potential toxic air contaminants, in that order. Any entrant or their authorized representative must get a chance to watch the testing.
Key takeaways
- 1926.1203(e)(2)(iii) is part of OSHA's construction standards (29 CFR Part 1926, Subpart AA).
- OSHA cited it 13 times in the last 3 years, in 13 inspections, with $42,699 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: TX (3), RI (2), MO (2).
- Related part: 1926.1203(e) (34 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1203(e)(2)(iii) is one requirement inside 1926.1203 General requirements, an OSHA construction standard (Part 1926, Subpart AA). 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
(iii) Before an employee enters the space, the internal atmosphere must be tested, with a calibrated direct-reading instrument, for oxygen content, for flammable gases and vapors, and for potential toxic air contaminants, in that order. Any employee who enters the space, or that employee's authorized representative, must be provided an opportunity to observe the pre-entry testing required by this paragraph. 13 citations
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1203.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1926.1203(e)(2)(iii).
At 7:15 a.m. on September 12, 2024, Employee #1 was extracting sediment materialfrom the floor of a lift station when the lift station suddenly filled with water. The flooding water caused the employee to drown at the scene.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 8 |
| 2025 | 4 |
Top states: TX (3), RI (2), MO (2), VT (1), AR (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| HART ENGINEERING CORPORATION | RIVERSIDE, RI | $8,711 |
| SOEP PAINTING CORP. | RIVERSIDE, RI | $7,114 |
| LARRY BAIR EXCAVATING, INC. | LEES SUMMIT, MO | $6,454 |
| OPIELA MECHANICAL, INC. | SAN ANTONIO, TX | $4,767 |
| GRANGER MAINTENANCE AND CONSTRUCTION, INC. | RUSKIN, FL | $4,610 |
Free toolbox talk
A 5-minute crew talk on 1926.1203(e)(2)(iii), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.1203(e)(2)(iii).
Related parts of this rule
- 1926.1203(e) 34 citations
- 1926.1203(e)(2) 30 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
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Frequently asked questions
What order must confined space air be tested in?
Oxygen content first, then flammable gases and vapors, then potential toxic air contaminants.
What instrument must be used?
A calibrated direct-reading instrument.
Can workers watch the pre-entry testing?
Yes. Any employee who enters, or their authorized representative, must be given an opportunity to observe it.
About this page
Sources
- 29 CFR 1926.1203 (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.