1926.1204(e)(1): Testing Permit Space Conditions
Employers must test conditions in a permit space before changing its natural ventilation and before entry begins. If isolating the space is infeasible because it is large or part of a continuous system like a sewer, they must test as far as feasible, continuously monitor where entrants work, and provide an early-warning system for non-isolated engulfment hazards.
Key takeaways
- 1926.1204(e)(1) is part of OSHA's construction standards (29 CFR Part 1926, Subpart AA).
- OSHA cited it 11 times in the last 3 years, in 10 inspections, with $48,491 in current penalties.
- Most citations: TX (2), AL (2), GA (1).
- Related part: 1926.1204(e) (21 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1204(e)(1) is one requirement inside 1926.1204 Permit-required confined space program, an OSHA construction standard (Part 1926, Subpart AA). It includes 3 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) Test conditions in the permit space to determine if acceptable entry conditions exist before changes to the space's natural ventilation are made, and before entry is authorized to begin, except that, if an employer demonstrates that isolation of the space is infeasible because the space is large or is part of a continuous system (such as a sewer), the employer must: 11 citations
(i) Perform pre-entry testing to the extent feasible before entry is authorized; and, 4 citations
(ii) If entry is authorized, continuously monitor entry conditions in the areas where authorized entrants are working, except that employers may use periodic monitoring in accordance with paragraph (e)(2) of this section for monitoring an atmospheric hazard if they can demonstrate that equipment for continuously monitoring that hazard is not commercially available; 3 citations
(iii) Provide an early-warning system that continuously monitors for non-isolated engulfment hazards. The system must alert authorized entrants and attendants in sufficient time for the authorized entrants to safely exit the space.
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1204.
Where and how often it was cited
| Year | Citations |
|---|---|
| 2024 | 3 |
| 2025 | 3 |
| 2026 | 5 |
Top states: TX (2), AL (2), GA (1), NJ (1), UT (1)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| CONSTRUCTION LABOR SERVICES, INC. | MOBILE, AL | $16,550 |
| D L BANDY CONSTRUCTORS INC. | CONVERSE, TX | $11,585 |
| W.J. HARRINGTON & SONS CONSTRUCTION CO. INC. | WEST WINDSOR, NJ | $5,040 |
| 159250 - WYNN SITE DEVELOPMENT, INC. | COATS, NC | $5,000 |
| I.K. STOLTZFUS SERVICE CORP. | QUARRYVILLE, PA | $4,000 |
Free toolbox talk
A 5-minute crew talk on 1926.1204(e)(1), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.1204(e)(1).
Related parts of this rule
- 1926.1204(e) 21 citations
Get your crew competent
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Frequently asked questions
When must the space be tested?
Before changes to the space's natural ventilation are made and before entry is authorized.
What if the space cannot be isolated?
Do pre-entry testing as far as feasible, continuously monitor where entrants work, and provide an early-warning system for engulfment hazards.
When can periodic monitoring replace continuous monitoring?
When the employer can show continuous monitoring equipment for that hazard is not commercially available.
About this page
Sources
- 29 CFR 1926.1204 (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 2026-10-19
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.