1926.1204(e): Evaluating Confined Space Conditions
Construction employers must evaluate permit space conditions during entry operations. They must test conditions before changing natural ventilation and before entry, with special steps for large or continuous spaces, and continuously monitor atmospheric hazards unless continuous monitors are not commercially available or periodic monitoring is enough. Testing must check oxygen first, then combustible gases and vapors.
Key takeaways
- 1926.1204(e) is part of OSHA's construction standards (29 CFR Part 1926, Subpart AA).
- OSHA cited it 21 times in the last 3 years, in 16 inspections, with $76,241 in current penalties.
- 1 death is linked to inspections that cited this rule.
- Most citations: TX (4), OH (3), RI (2).
- Related part: 1926.1204(e)(1) (11 citations).
- Free 5-minute toolbox talk for your crew below.
In this article
What this rule covers
29 CFR 1926.1204(e) is one requirement inside 1926.1204 Permit-required confined space program, an OSHA construction standard (Part 1926, Subpart AA). It includes 9 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
(e) Evaluate permit space conditions in accordance with the following paragraphs (e)(1) through (6) of this section when entry operations are conducted: 21 citations
(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: Open (e)(1) 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.
(2) Continuously monitor atmospheric hazards unless the employer can demonstrate that the equipment for continuously monitoring a hazard is not commercially available or that periodic monitoring is of sufficient frequency to ensure that the atmospheric hazard is being controlled at safe levels. If continuous monitoring is not used, periodic monitoring is required with sufficient frequency to ensure that acceptable entry conditions are being maintained during the course of entry operations; 7 citations
(3) When testing for atmospheric hazards, test first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors;
(4) 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; 1 citations
(5) 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 there is some indication that the evaluation of that space may not have been adequate; and
(6) Immediately provide each authorized entrant or that employee's authorized representative with the results of any testing conducted in accordance with this section.
Source: eCFR, text current as of 2026-10-15. Read all of 1926.1204.
Injuries linked to this rule
1 death is linked to inspections where OSHA cited 1926.1204(e).
At 7:31 a.m. on September 13, 2024, Employee #1 was working inside a 9-foot deepsewer manhole in Faribault, Minnesota. The employee was performing a construction task to cement the end of a pipeline to close an old sewer line. The employee was not wearing a…
Where and how often it was cited
| Year | Citations |
|---|---|
| 2023 | 1 |
| 2024 | 5 |
| 2025 | 6 |
| 2026 | 9 |
Top states: TX (4), OH (3), RI (2), MN (2), AL (2)
Largest penalties
| Employer | Location | Penalty for this rule |
|---|---|---|
| 108102 - ICON LLC | FARIBAULT, MN | $25,000 |
| 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 |
Free toolbox talk
A 5-minute crew talk on 1926.1204(e), plus alerts when this rule changes. Free.
OSHA interpretation letters
None exist. OSHA has not published a letter of interpretation for 1926.1204(e).
Related parts of this rule
- 1926.1204(e)(1) 11 citations
Get your crew competent
Trainers on Black Belt Safety: Marc Harvey, Dana Reyes
Trainers and suppliers: feature your business on this rule for $25/month.
Frequently asked questions
When must permit space conditions be tested?
Before changes to the space's natural ventilation are made and before entry is authorized to begin.
Must atmospheric hazards be monitored continuously?
Yes, unless the employer shows continuous monitoring equipment is not commercially available or periodic monitoring is frequent enough to keep hazards at safe levels.
What is the testing order?
Test first for oxygen, then for combustible gases and vapors.
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.
