1910.146(c)(1): Evaluating for Permit Spaces
Employers must evaluate the workplace to determine if any spaces are permit-required confined spaces. Properly applying the decision flow chart in Appendix A to 1910.146 helps with compliance.
Key takeaways
- 1910.146(c)(1) is part of OSHA's general industry standards (29 CFR Part 1910, Subpart J).
- OSHA cited it 293 times in the last 3 years, in 293 inspections, with $1,052,298 in current penalties.
- 8 deaths are linked to inspections that cited this rule.
- Most citations: MI (59), VA (24), CT (23).
- Related part: 1910.146(c) General requirements (1,090 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1910.146(c)(1) 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
(1) The employer shall evaluate the workplace to determine if any spaces are permit- required confined spaces. 293 citations
Proper application of the decision flow chart in appendix A to § 1910.146 would facilitate compliance with this requirement.
Source: eCFR, text current as of 2026-10-15. Read all of 1910.146.
Injuries linked to this rule
8 deaths are linked to inspections where OSHA cited 1910.146(c)(1).
On January 30, 2025, Employee #1 was working at a trailer truck wash business and had been subcontracted to clean out a trailer tank using a water hose. The business specialized in washing out livestock haulers. Employee #1 entered the tank to continue cleaning. A…
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 | 19 |
| 2024 | 109 |
| 2025 | 103 |
| 2026 | 62 |
Top states: MI (59), VA (24), CT (23), IL (19), NY (15)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| BARNES INTERNATIONAL, LLC | ROCKFORD, IL | $25,538 |
| OWENS-BROCKWAY GLASS CONTAINER, INC. | MUSKOGEE, OK | $16,550 |
| CHS, INC | DEVILS LAKE, ND | $16,550 |
| OTIS ELEVATOR COMPANY | NEW YORK, NY | $16,550 |
| BURNDY LLC | LINCOLN, NH | $16,131 |
Free toolbox talk
A 5-minute crew talk on 1910.146(c)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
- Permit Required Confined Space (2025-01-03)
- A chest freezer is not considered a PRCS. (1998-04-24)
- Elevator industry employees working in and around pits and equipment. (1994-09-19)
Related parts of this rule
- 1910.146(c) General requirements 1,090 citations
- 1910.146(c)(2) 359 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)(3) 40 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
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
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Frequently asked questions
Who must check for permit spaces?
The employer must evaluate the workplace.
What tool can help?
Proper application of the decision flow chart in Appendix A to 1910.146.
What is being determined?
Whether any spaces are permit-required confined spaces.
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.
