Subpart AA
Employers must consult with affected employees and their authorized representatives when developing the permit-space program. See 1926.1212(a) and the overall permit-space program requirements at 1926.1203.
Employers must involve employees during both the development and the implementation phases of the permit-space program. The rule explicitly requires consultation on "the development and implementation of all aspects of the permit space program required by [1926.1203]." See 1926.1212(a) and 1926.1203.
Employers must make available to each affected employee and his or her authorized representatives all information that this confined-space standard requires the employer to develop. That includes, where applicable, items such as the written permit-space program, permit forms and contents, hazard evaluations, testing and monitoring results, training materials, rescue plans and procedures, and any other documentation created to meet the requirements of the standard. See 1926.1212(b) and the permit-space program requirements at 1926.1203.
Yes — the consultation duty extends to any affected employees, including employees of subcontractors, who are exposed to or involved with permit spaces. The standard requires consultation with affected employees and their authorized representatives as part of developing and implementing the program, and that applies to all workers who are affected by the permit-space work. See 1926.1212(a) and 1926.1203.
No — employers must consult with affected employees and their authorized representatives, which means both the employees themselves and any authorized representative (such as a union representative if one exists). Consultation cannot be limited only to union representatives if affected employees or other authorized representatives also need to be consulted. See 1926.1212(a).
The standard requires consultation but does not prescribe a single method; employers must consult at appropriate times during development and implementation and may use practical means such as meetings, toolbox talks, written drafts, or joint planning sessions. The key requirement is that affected employees and their authorized representatives are given a real opportunity to review and provide input on all aspects of the permit-space program. See 1926.1212(a) and the permit-space program requirements at 1926.1203.
Yes — monitoring and testing results that are part of the information required to be developed by the confined-space standard must be made available to each affected employee and their authorized representatives. Testing and monitoring are elements of the permit-space program and therefore fall under the disclosure requirements of 1926.1212(b) and the program requirements at 1926.1203. For additional guidance on workplace hazard assessments that inform PPE and monitoring decisions, see OSHA's interpretation on PPE hazard assessment at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.
Yes — employers must make available all information required by the standard, which includes training materials developed for the permit-space program; affected employees and their authorized representatives must have access to those materials. See 1926.1212(b) and 1926.1203.
Yes — because the standard requires consultation on the development and implementation of all aspects of the permit-space program, employers must consult affected employees about procedures and roles such as entrant, attendant, and entry supervisor when those are developed or changed. See 1926.1212(a) and the program provisions at 1926.1203.
Yes — the standard requires that all information required by the standard be made available to each affected employee and his or her authorized representatives, so authorized representatives receive the same access to those documents and results. See 1926.1212(b).
The standard does not explicitly require written documentation of the consultation process, but employers must consult and make required information available; good practice is to document meetings, comments, and responses to show compliance and to help implement the program. See 1926.1212(a) and 1926.1212(b). For related guidance on when written certification is required for hazard assessments, see OSHA's PPE hazard assessment interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.
Yes — the written permit and other information created under the permit-space standard must be made available to affected employees, which includes entrants, so employers must provide access to the permit documentation as required by [1926.1212(b)]. See 1926.1212(b) and the permit-space program at 1926.1203.
Yes — employers must consult affected employees on development and implementation, which gives employees the opportunity to propose changes; employers should consider and respond to employee input as part of implementing the program. See 1926.1212(a).
If new hazards are identified, the employer must consult affected employees and their authorized representatives when updating the permit-space program or procedures and must make any new information or test results available to them. This follows the requirement to consult on the development and implementation of all aspects of the program and to provide required information to affected employees. See 1926.1212(a) and 1926.1212(b) as well as the program duties in 1926.1203.
An employer must make all required information available to authorized representatives even if they cannot attend a particular meeting; this can include providing the written permit-space program, permit forms, testing results, training materials, and any updated documentation. See 1926.1212(b) and 1926.1212(a).
Employers must make available all information required by the confined-space standard, but they must also respect privacy and confidentiality laws and medical-privacy requirements when handling personal medical information; the standard does not override applicable privacy protections. Provide non‑confidential permit-space information and summaries of findings as required by 1926.1212(b) while safeguarding private medical records in accordance with other laws and standards. See 1926.1212(b).
The standard requires that employers make available the information required to be developed by the standard, which includes testing and monitoring results, but it does not set a specific deadline; employers must provide that information promptly and in a manner that allows employees and their representatives to participate meaningfully in development and implementation of the program. See 1926.1212(b) and consult the permit-space requirements in 1926.1203. For guidance on timely hazard assessment documentation in related contexts, see OSHA's PPE hazard assessment interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-03-28.
Yes — the standard does not mandate a specific medium, so employers may use electronic means (email, shared drives, online portals) as long as the information is actually accessible to the affected employees and their authorized representatives and provided in a timely manner. See 1926.1212(b) and 1926.1212(a).
Yes — because the employer must consult affected employees and their authorized representatives on the implementation of all aspects of the permit-space program, that consultation should include selection and coordination of rescue services and related procedures. See 1926.1212(a) and the permit-space program elements in 1926.1203.
The standard requires that all information developed under the confined-space standard be made available to affected employees and their representatives, and employers must ensure that the information is provided in a manner that employees can understand so they can participate meaningfully; providing translations or other reasonable measures for non‑English speakers is a practical way to meet that obligation. See 1926.1212(b) and 1926.1212(a).