N.H. Code Admin. R. Lab 1403.14
Confined Space Entry
Effective Nov 22, 2025#4118 eff 8-22-86, EXPIRED: 8-22-92 New. #6684, eff 2-4-98, EXPIRED: 2-4-06 New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.15) New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35Commissioner, Department of Labor
The employer shall ensure compliance with the following requirements:
- (a) The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces. The employer shall perform and document a comprehensive workplace evaluation;
- (b) If the workplace contains permit spaces, the employer shall inform exposed employees, by posting a sign reading “DANGER - PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or having similar language;
- (c) If the employer decides that its employees will not enter permit spaces, the employer shall take effective measures to prevent its employees from entering the permit spaces and shall comply with the permitting requirements in paragraph (j) below;
- (d) If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with paragraph (i) of this section. The written program shall always be available for inspection by employees or their authorized representatives;
(e) An employer may use the following alternate procedures in lieu of the requirements of (b) through (d) above provided:
(1) The employer:
- a. Demonstrates that the only hazard posed by the permit space is an actual or potential hazardous atmosphere;
- b. Demonstrates that continuous forced air ventilation alone is sufficient to maintain that permit space safe for entry;
c. Develops monitoring and inspection data that supports the demonstrations required by paragraph (e)(2) below;
d Ensure that all entry into the permit space is performed in compliance with (2) below; and
- e. Make available for inspection by employees or their authorized representatives all determinations and supporting data required by (2) below;
(2) The following shall apply to entry into permit spaces set forth in (1) above:
- a. Any conditions making it unsafe to remove an entrance cover shall be eliminated before the cover is removed;
- b. When entrance covers are removed, the opening shall be promptly guarded by a railing, temporary cover, or other temporary barrier that prevents an accidental fall through the opening and that will protect each employee working in the space from foreign objects entering the space;
- c. Before an employee enters the space, the internal atmosphere shall 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, shall be provided an opportunity to observe the pre-entry testing required by this paragraph; and
- d. There shall be no hazardous atmosphere within the space whenever any employee is inside the space; and
(3) Continuous forced air ventilation shall be used as follows:
- a. An employee shall not enter the space until the forced air ventilation has eliminated any hazardous atmosphere;
- b. The forced air ventilation shall be so directed as to ventilate the immediate areas where an employee is or will be present within the space and shall continue until all employees have left the space;
- c. The air supply for the forced air ventilation shall be from a clean source and shall not increase the hazards in the space;
- d. The atmosphere within the space shall be periodically tested as necessary to ensure that the continuous forced air ventilation is preventing the accumulation of a hazardous atmosphere. Any employee who enters the space, or that employee's authorized representative, shall be provided with an opportunity to observe the periodic testing;
- e. If a hazardous atmosphere is detected during entry:
i. Each employee shall leave the space immediately;
ii. The space shall be evaluated to determine how the hazardous atmosphere developed; and
iii. Measures shall be implemented to protect employees from the hazardous atmosphere before any subsequent entry takes place; and
- f. The employer shall verify that the space is safe for entry and that the pre-entry measures required by e. above have been taken, through a written certification, created by the employer, that contains the date, the location of the space, and the signature of the person providing the certification. The certification shall be made before entry and shall always be available for inspection by employees or their authorized representatives;
- (f) When there are changes in the use or configuration of a non-permit confined space that might increase the hazards to entrants, the employer shall reevaluate that space and, if necessary, reclassify it as a permit-required confined space;
(g) A space classified by the employer as a permit-required confined space shall only be reclassified as a non-permit confined space under the following procedures:
- (1) If the permit space poses no actual or potential atmospheric hazards and if all hazards within the space are eliminated without entry into the space, the permit space shall only be reclassified as a non-permit confined space for as long as the non-atmospheric hazards remain eliminated;
- (2) If it is necessary to enter the permit space to eliminate hazards, such entry shall be performed under paragraphs (b) through (i) below. If testing and inspection during that entry demonstrate that the hazards within the permit space have been eliminated, the permit space shall only be reclassified as a non-permit confined space for as long as the hazards remain eliminated;
- (3) The employer shall document the basis for determining that all hazards in a permit space have been eliminated, through a certification that contains the date, the location of the space, and the signature of the person making the determination. The certification shall be always made available for inspection by employees or their authorized representatives; and
- (4) If hazards arise within a permit space that has been reclassified to a non-permit space under this section, each employee in the space shall exit the space. The employer shall then reevaluate the space and determine whether it needs to be reclassified as a permit space, in accordance with other applicable provisions of this section;
(h) When an employer arranges to have employees of a contractor perform work that involves permit space entry, the host employer shall:
- (1) Inform the contractor that the workplace contains permit spaces and that permit space entry is allowed only through compliance with a permit space program meeting the requirements of this section;
- (2) Apprise the contractor of the elements, including the hazards identified and the host employer's experience with the space, that make the space in question a permit space;
- (3) Apprise the contractor of any precautions or procedures that the host employer has implemented for the protection of employees in or near permit spaces where contractor personnel will be working;
- (4) Coordinate entry operations with the contractor, when both host employer personnel and contractor personnel will be working in or near permit spaces, as required by (i)(14) below; and
- (5) Debrief the contractor at the conclusion of the entry operations regarding the permit space program followed and regarding any hazards confronted or created in permit spaces during entry operations;
(i) Under the permit space program required by (d) above, the employer shall:
- (1) Implement the measures necessary to prevent unauthorized entry;
- (2) Identify and evaluate the hazards of permit spaces before employees enter them;
(3) Develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, the following:
- a. Specifying acceptable entry conditions;
- b. Providing each authorized entrant or that employee's authorized representative with the opportunity to observe any monitoring or testing of permit spaces;
- c. Isolating the permit space;
- d. Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards;
- e. Providing pedestrian, vehicle, or other barriers as necessary to protect entrants from external hazards; and
- f. Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry;
(4) Provide the equipment specified in (k)(13) below at no cost to employees, and maintain that equipment properly as follows:
- a. Testing and monitoring equipment needed to comply with c. above;
- b. Ventilating equipment needed to obtain acceptable entry conditions;
- c. Communications equipment necessary to ensure communication between the entrants and the entry supervisor;
- d. Personal protective equipment insofar as feasible engineering and work practice controls do not adequately protect employees;
- e. Lighting equipment needed to enable employees to see well enough to work safely and to exit the space quickly in an emergency;
- f. Barriers and shields as required by paragraph (i)(3)e. above;
- g. Equipment needed for safe ingress and egress by authorized entrants;
- h. Rescue and emergency equipment needed to comply with (p) below, except to the extent that the equipment is provided by rescue services; and
- i. Any other equipment necessary for safe entry into and rescue from permit spaces;
(5) Evaluate permit space conditions as follows when entry operations are conducted:
- a. Test conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin, except that, if isolation of the space is infeasible because the space is large or is part of a continuous system, pre-entry testing shall be performed to the extent feasible before entry is authorized and, if entry is authorized, entry conditions shall be continuously monitored in the areas where authorized entrants are working;
- b. Test or monitor the permit space as necessary to determine if acceptable entry conditions are being maintained during entry operations;
- c. When testing for atmospheric hazards, test first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors;
- d. 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;
- e. 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 the entrant or representative has reason to believe that the evaluation of that space might not have complied with this section; and
- f. Immediately provide each authorized entrant or that employee's authorized representative with the results of any testing conducted in accordance with this section;
- (6) Provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations. Attendants may be assigned to monitor more than one permit space provided the duties described in paragraph (n) of this section can be effectively performed for each permit space that is monitored. Likewise, attendants may be stationed at any location outside the permit space to be monitored as long as the duties described in (n) below can be effectively performed for each permit space that is monitored;
- (7) If multiple spaces are to be monitored by a single attendant, include in the permit program the means and procedures to enable the attendant to respond to an emergency affecting one or more of the permit spaces being monitored without distraction from the attendant's responsibilities under (n) below;
- (8) Designate the persons who are to have active roles in entry operations, identify the duties of each such employee, and provide each such employee with the training required by (n) below;
- (9) Develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue;
- (10) Develop and implement a system for the reparation, issuance, use, and cancellation of entry permits as required by (j) below;
- (11) Develop and implement procedures to coordinate entry operations when employees of more than one employer are working simultaneously as authorized entrants in a permit space, so that employees of one employer do not endanger the employees of any other employer;
- (12) Develop and implement procedures, to include closing off a permit space and canceling the permit necessary for concluding the entry after entry operations have been completed;
- (13) Review entry operations when the employer has reason to believe that the measures taken under the permit space program might not protect employees and revise the program to correct deficiencies found to exist before subsequent entries are authorized; and
- (14) Review the permit space program, using the canceled permits retained pursuant to (j)(6) below within 1 year after each entry and revise the program as necessary, to ensure that employees participating in entry operations are protected from permit space hazards. Employers may perform a single annual review covering all entries performed during a 12-month period. If no entry is performed during a 12-month period, no review is necessary;
(j) Employers shall utilize a permit system as follows:
- (1) Before entry is authorized, the employer shall prepare an entry permit that complies with (k) below;
- (2) Before entry begins, the entry supervisor identified on the permit shall sign the entry permit to authorize entry;
- (3) The completed permit shall be made available at the time of entry to all authorized entrants or their authorized representatives, by posting it at the entry portal or by any other equally effective means, so that the entrants can confirm that pre-entry preparations have been completed;
- (4) The duration of the permit shall not exceed the time required to complete the assigned task or job identified on the permit in accordance with (k)(3) below;
(5) The entry supervisor shall terminate entry and cancel the entry permit when:
- a. The entry operations covered by the entry permit have been completed; or
- b. A condition that is not allowed under the entry permit arises in or near the permit space; and
- (6) The employer shall retain each canceled entry permit for at least 1 year to facilitate the review of the permit-required confined space program required by (i) above. Any problems encountered during an entry operation shall be noted on the pertinent permit so that appropriate revisions to the permit space program can be made;
(k) The entry permit that documents compliance with this section and authorizes entry to a permit space shall identify:
- (1) The permit space to be entered;
- (2) The purpose of the entry;
- (3) The date and the authorized duration of the entry permit;
- (4) The authorized entrants within the permit space, by name or by such other means as will enable the attendant to determine quickly and accurately, for the duration of the permit, which authorized entrants are inside the permit space;
- (5) The personnel, by name, currently serving as attendants;
- (6) The individual, by name, currently serving as entry supervisor, with a space for the signature or initials of the entry supervisor who originally authorized entry;
- (7) The hazards of the permit space to be entered;
- (8) The measures used to isolate the permit space and to eliminate or control permit space hazards before entry, including the lockout or tagging of equipment and procedures for purging, inerting, ventilating, and flushing permit spaces;
- (9) The acceptable entry conditions;
- (10) The results of initial and periodic tests performed under (i)(5) above, accompanied by the names or initials of the testers and by an indication of when the tests were performed;
- (11) The rescue and emergency services that can be summoned, and the means and contact information for summoning those services;
- (12) The communication procedures used by authorized entrants and attendants to maintain contact during the entry;
- (13) Equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for compliance with this section;
- (14) Any other information whose inclusion is necessary, given the circumstances of the particular confined space, in order to ensure employee safety; and
- (15) Any additional permits, such as for hot work, that have been issued to authorize work in the permit space;
(l) The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary to safely perform the duties assigned under this section as follows:
(1) Training shall be provided to each affected employee:
- a. Before the employee is first assigned duties under this section;
- b. Before there is a change in assigned duties;
- c. Whenever there is a change in permit space operations that presents a hazard about which an employee has not previously been trained; or
- d. Whenever the employer has reason to believe either that there are deviations from the permit space entry procedures required by paragraph (i) above or that there are inadequacies in the employee's knowledge or use of these procedures;
- (2) The training shall establish employee proficiency in the duties required by this section and shall introduce new or revised procedures, as necessary, for compliance with this section; and
- (3) The employer shall certify that the training required by (1) above has been accomplished. The certification shall contain each employee's name, the signatures or initials of the trainers, and the dates of training. The certification shall always be available for inspection by employees and their authorized representatives;
(m) The employer shall ensure that all authorized entrants:
- (1) Know the hazards that might be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;
- (2) Properly use equipment as required by (i)(4) above;
- (3) Communicate with the attendant as necessary to enable the attendant to monitor entrant status and to enable the attendant to alert entrants of the need to evacuate the space as required by (n)(5) below;
(4) Alert the attendant whenever:
- a. The entrant recognizes any warning sign or symptom of exposure to a dangerous situation; or
- b. The entrant detects a prohibited condition;
(5) Exit from the permit space as quickly as possible whenever:
- a. An order to evacuate is given by the attendant or the entry supervisor;
- b. The entrant recognizes any warning sign or symptom of exposure to a dangerous situation;
- c. The entrant detects a prohibited condition; or
- d. An evacuation alarm is activated;
(n) The employer shall ensure that each attendant:
- (1) Knows the hazards that might be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;
- (2) Is aware of possible behavioral effects of hazard exposure in authorized entrants;
- (3) Continuously maintains an accurate count of authorized entrants in the permit space and ensures that the means used to identify authorized entrants under (k)(4) above accurately identifies who is in the permit space;
- (4) Remains outside the permit space during entry operations until relieved by another attendant;
- (5) Communicates with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space under (n)(6) below;
(6) Monitors activities inside and outside the space to determine if it is safe for entrants to remain in the space and orders the authorized entrants to evacuate the permit space immediately under any of the following conditions:
- a. If the attendant detects a prohibited condition;
- b. If the attendant detects the behavioral effects of hazard exposure in the authorized entrant;
- c. If the attendant detects a situation outside the space that could endanger the authorized entrants; or
- d. If the attendant cannot effectively and safely perform all the duties required this section;
- (7) Summons rescue and other emergency services as soon as the attendant determines that authorized entrants might need assistance to escape from permit space hazards;
(8) Takes the following actions when unauthorized persons approach or enter a permit space while entry is underway:
- a. Warn the unauthorized persons that they shall stay away from the permit space;
- b. Advise the unauthorized persons that they shall exit immediately if they have entered the permit space; and
- c. Inform the authorized entrants and the entry supervisor if unauthorized persons have entered the permit space;
- (9) Performs non-entry rescues as specified by the employer's rescue procedure; and
- (10) Performs no duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants;
(o) The employer shall ensure that each entry supervisor:
- (1) Knows the hazards that might be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;
- (2) Verifies, by checking that the appropriate entries have been made on the permit, that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin;
- (3) Terminates the entry and cancels the permit as required by (j)(5) above;
- (4) Verifies that rescue services are available and that the means for summoning them are operable;
- (5) Removes unauthorized individuals who enter or who attempt to enter the permit space during entry operations; and
- (6) Determines, whenever responsibility for a permit space entry operation is transferred and at intervals dictated by the hazards and operations performed within the space, that entry operations remain consistent with terms of the entry permit and that acceptable entry conditions are maintained;
(p) An employer who designates rescue and emergency services, pursuant (i)(4)h above, shall:
- (1) Designate rescue and emergency services pursuant to (i)(4)h above by evaluating a prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified;
- (2) Evaluate a prospective rescue service's ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the permit space or types of permit spaces identified;
(3) Select a rescue team or service from those evaluated that:
- a. Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; and
- b. Is equipped for and proficient in performing the needed rescue services;
- (4) Inform each rescue team or service of the hazards they might confront when called on to perform rescue at the site; and
- (5) Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations; i
(q) An employer whose employees have been designated to provide permit space rescue and emergency services shall take the following measures:
- (1) Provide designated employees with the personal protective equipment needed to conduct permit space rescues safely and train designated employees so they are proficient in the use of that personal protective equipment, at no cost to those employees;
- (2) Train designated employees to perform assigned rescue duties. The employer shall ensure that such employees successfully complete the training required to establish proficiency as an authorized entrant, as required in (m) above;
- (3) Train designated employees in basic first aid and cardiopulmonary resuscitation. The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and cardiopulmonary resuscitation is available; and
- (4) Ensure that designated employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size, configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed;
(r) To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements:
- (1) Each authorized entrant shall use a chest or full body harness, with a retrieval line attached at the center of the entrant's back near shoulder level, above the entrant's head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant. Wristlets may be used in lieu of the chest or full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets is the safest and most effective alternative; and
- (2) The other end of the retrieval line shall be attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary. A mechanical device shall be available to retrieve personnel from vertical type permit spaces more than 5 feet deep;
- (s) If an injured entrant is exposed to a substance for which a material safety data sheet or other similar written information is required to be kept at the worksite, that material safety data sheet or written information shall be made available to the medical facility treating the exposed entrant; and
- (t) Employers shall consult with affected employees and their authorized representatives on the development and implementation of all aspects of the permit space program required by (i) above. Employers shall always make available to affected employees and their authorized representatives all information required to be developed by this section.
Source. #4118 eff 8-22-86, EXPIRED: 8-22-92 New. #6684, eff 2-4-98, EXPIRED: 2-4-06 New. #8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.15) New. #8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35