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Construction (29 CFR 1926)

Permit-Required Confined Spaces (Construction)

Verified vs OSHA sources · 2026-10-05

29 CFR 1926.1204

29 CFR 1926.1204 is the core of Subpart AA: it requires each entry employer to develop and implement a written permit-required confined space program before workers enter a permit space on a construction site. The program must prevent unauthorized entry, identify and evaluate permit-space hazards, establish safe entry procedures, and provide testing and monitoring, attendants, rescue, and permits.

29 CFR 1926.1204 at a glance

Core duty
A written permit-required confined space program before entry
First requirement
Prevent unauthorized entry into permit spaces
Atmosphere
Test and monitor before and during entry
People
An attendant outside; rescue arranged; entry supervisor designated
Permit
A written entry permit authorizing and documenting the entry
Max penalty (2026)
$16,550 per serious violation; $165,514 per willful

What 29 CFR 1926.1204 requires (plain English)

29 CFR 1926.1204 sets out the permit-required confined space program for construction: the operational heart of Subpart AA, which OSHA added in 2015 to give construction its own confined-space rule parallel to the general-industry standard in §1910.146. It applies once a competent person has identified a permit-required confined space under §1926.1203.

The section requires each entry employer to implement a written program that, among other things: prevents unauthorized entry; identifies and evaluates permit-space hazards before entry; establishes and implements the means, procedures, and practices for safe entry (isolating hazards, purging and ventilating, and verifying acceptable entry conditions); tests and monitors the atmosphere; provides an attendant outside the space; designates entry supervisors; arranges rescue and emergency services; and uses a written entry permit system.

Because Subpart AA was written for the dynamic, multi-employer nature of construction, 1926.1204 emphasizes coordination: the controlling contractor and multiple entry employers must share hazard information and coordinate entry operations. The written permit-space program ties all of this together, so no one enters a manhole, vault, tank, or similar space until it has been tested and the required protections are in place.

The regulatory text

“Permit-required confined space program. Each entry employer must: (a) Implement the measures necessary to prevent unauthorized entry;”
29 CFR 1926.1204

Key facts about 29 CFR 1926.1204

  • Each entry employer must implement a written permit-space program (1926.1204).
  • The first duty is to prevent unauthorized entry into permit spaces.
  • Permit-space hazards must be identified and evaluated before entry.
  • The atmosphere must be tested and monitored before and during entry.
  • An attendant must be stationed outside the space during entry.
  • Rescue and emergency services must be arranged before entry.
  • A written entry permit authorizes and documents each entry.

Scope: who 29 CFR 1926.1204 applies to

Regulatory framework
Construction (29 CFR 1926)
Citation reference
29 CFR 1926.1204
Enforcement status
In force and enforced
Jurisdiction
Federal OSHA (29 State-Plan jurisdictions may be stricter)

State-Plan states (e.g. California, Washington, Michigan) operate OSHA-approved programs that must be at least as effective as federal OSHA and frequently impose higher penalties or additional requirements. Confirm the rule as adopted in your state.

Key requirements of 29 CFR 1926.1204

#Employer obligation
1Develop written permit space program
2Issue entry permits with specific information
3Continuous atmospheric monitoring when required
4Provide rescue team or self-rescue equipment
5Train entrants, attendants, and entry supervisors

Summarized from the text of 29 CFR 1926.1204. Always read the full regulation for the binding language.

Common Permit Spaces (Construction) violations

Deficiencies OSHA cites under 29 CFR 1926.1204 include the ones below, in no particular order. Distinct deficiencies can be cited as separate items, and each serious item carries up to $16,550 (2026). Broader per-instance stacking exists but is a discretionary, case-by-case OSHA enforcement policy, not an automatic multiplier.

  • Entering a permit space without an implemented written program (1926.1204).
  • No pre-entry or continuous atmospheric testing and monitoring (1926.1204(e)).
  • No attendant stationed outside the permit space during entry (1926.1204(f)).
  • No rescue and emergency services arranged before entry (1926.1211/1926.1204).
  • No entry permit, or a permit missing required conditions (1926.1205).

Subpart AA (construction) is a separate rule from §1910.146 (general industry)

Construction employers sometimes reach for the general-industry confined-space standard, §1910.146, but construction confined spaces are governed by Subpart AA (§§1926.1200–1926.1213), added in 2015. The two are similar but not identical: Subpart AA has construction-specific requirements for continuous atmospheric monitoring where possible, for engulfment and early-warning hazards, and especially for coordination among multiple employers and the controlling contractor on a site. Applying only §1910.146, or assuming the two are interchangeable, can miss Subpart AA's coordination and monitoring duties. On a construction site, 1926.1204 and its companion sections are the governing program requirements.

What OSHA inspectors look for

A compliance officer asks for the written permit-space program and the entry permits, checks that unauthorized entry is prevented, that the atmosphere is tested before and during entry, and that an attendant and rescue arrangements are in place. Entries into permit spaces with no permit, no testing, or no attendant are the classic findings.

Example: how a violation is cited

A crew enters a manhole to work on utilities without testing the atmosphere, posting an attendant, or issuing a permit; a worker is overcome by an oxygen-deficient or toxic atmosphere. OSHA cites 1926.1204 for entering a permit space without the required program, testing, and attendant, with penalties from $16,550.

Illustrative example, not a specific OSHA case.

Permit Spaces (Construction) compliance checklist

Use this to evaluate your compliance with 29 CFR 1926.1204. Each item is a key requirement OSHA may verify during an inspection.

  • Develop and implement a written permit-required confined space program before any entry.
  • Prevent unauthorized entry (barriers, signs, controlled access).
  • Identify and evaluate each permit space's hazards; isolate, purge, and ventilate as needed.
  • Test and monitor the atmosphere before and during entry.
  • Station an attendant outside and designate an entry supervisor.
  • Arrange rescue and emergency services and use a written entry permit.
  • Coordinate hazard information and entry operations among all employers on site.

2026 penalties for 29 CFR 1926.1204

Maximums set by 29 CFR 1903.15(d). 2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. The 2025 OSHA penalty levels remain in effect for 2026; OSHA made no inflation adjustment for 2026. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these amounts, while OSHA's public penalties page currently references penalties assessed after Jan. 15, 2026.

Violation typeMinimumMaximumWhen it applies
Serious$1,085$16,550Substantial probability of death or serious physical harm.
Other-Than-Serious$0$16,550Relates to safety/health but unlikely to cause death or serious harm.
Willful$11,823$165,514Intentional, knowing, or voluntary disregard of the requirement.
Repeated$4,256$165,514A substantially similar violation cited within the last 5 years.
Failure to AbateNone$16,550/dayup to $16,550 per day; total capped at 30x the daily amount (FOM Ch.6)

Permit-space program failures are frequently cited and often serious or willful, given the fatality risk. Serious violations reach $16,550 and willful or repeat violations $165,514; entries without testing, attendants, or rescue draw the heaviest citations.

Maximums and the willful minimum are set by 29 CFR 1903.15(d); the serious and repeated minimums are OSHA policy floors from its annual penalty adjustment memo. OSHA applies gravity-based and size, good-faith and history reductions (FOM CPL 02-00-164 Ch.6). Estimates only, not legal advice.

The business case for Permit Spaces (Construction) compliance

Permit-required confined spaces (manholes, vaults, tanks, sewers, pits) kill construction workers through atmospheric hazards that give no warning, and rescuers who rush in unprotected often become the second and third victims. The 1926.1204 program is the system that keeps workers out until the space is tested and controlled, and ensures an attendant and rescue are ready. It is the difference between a routine entry and a multiple-fatality event.

Free compliance tools for 29 CFR 1926.1204

Confined Space Permit GeneratorJob Hazard Analysis BuilderEmergency Action Plan Builder

Permit Spaces (Construction) penalties by state

Penalties and enforcement vary by state. State-Plan states may impose higher penalties and additional requirements beyond federal 29 CFR 1926.1204.

AlabamaArkansasColoradoConnecticutDelawareDistrict of Columbia
View all 50 states + DC →

Frequently asked questions about 29 CFR 1926.1204

What is a permit-required confined space program?

Under 1926.1204, it is the written program each entry employer must implement before workers enter a permit space on a construction site. It must prevent unauthorized entry, identify and evaluate permit-space hazards, provide atmospheric testing and monitoring, station an attendant, arrange rescue, designate an entry supervisor, and use a written entry permit.

Which construction confined spaces need the full 1926.1204 program?

A confined space is permit-required, and so needs the full 1926.1204 program, if it has one or more of these: a hazardous atmosphere (or the potential for one), material that could engulf an entrant, an internal configuration that could trap or asphyxiate, or any other recognized serious safety or health hazard. A competent person identifies these permit spaces under §1926.1203; non-permit confined spaces do not require the full program.

Does the general-industry confined space rule apply to construction?

No: construction has its own rule. Confined spaces in construction are governed by Subpart AA (§§1926.1200–1926.1213), which OSHA added in 2015. It parallels the general-industry standard in §1910.146 but includes construction-specific requirements, especially coordination among multiple employers and the controlling contractor. Construction employers follow 1926.1204, not §1910.146.

Do I need an attendant for confined space entry?

Yes, for permit-space entries. 1926.1204 requires an attendant stationed outside the permit space during entry to monitor entrants, maintain communication, and summon rescue if needed. The attendant must not enter to attempt rescue themselves, rescue is performed by the arranged rescue service, which is why non-entry rescue equipment and a rescue plan are also required.

Regulatory history of 29 CFR 1926.1204

OSHA issued Subpart AA (Confined Spaces in Construction (§§1926.1200–1926.1213), including the 1926.1204 program requirement) effective August 3, 2015 (80 FR 25366). Before that, construction relied on a single training-oriented provision; the new subpart gave construction a full permit-space program comparable to the general-industry standard, with added emphasis on multi-employer coordination.

Related glossary terms

Key terms that appear in 29 CFR 1926.1204, each with a full plain-English explainer.

Confined SpaceConfined Space Entry PermitHazardous EnergyAuthorized Employee

Related guides & articles

Confined Space Entry Permit: Required OSHA GuideConfined Spaces in Construction: Subpart AA vs 1910.146

Related OSHA standards

29 CFR 1910.146

Confined Spaces

29 CFR 1926.800

Underground Construction

29 CFR 1926.1201

Confined Spaces (Construction) Scope

29 CFR 1926.1203

Confined Spaces General (Construction)

Primary sources

OSHA figures on this page are imported from HazComFast's verified regulatory module (verified 2026-10-05 against eCFR, OSHA.gov, and the Federal Register).

This page is an educational summary, not legal advice. OSHA standards and penalty amounts change; confirm requirements against the current regulation and your applicable State-Plan before acting.

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Serious Violation

$16,550

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