Conditional but hard
The duty is conditional: it arises only where permit required confined space entry will take place. Once it arises, its content is enumerated — a programme requirement rather than a statement of intent.
What the programme names
- Preventing unauthorised entry — closing off and marking the space.
- Identifying the hazards — before entry, specific to the space.
- Safe entry procedures — how entry and exit are performed.
- Equipment provided at no cost — the cost cannot be passed to the worker.
No plan, but a permit
| Duty | In US federal construction law |
|---|---|
| General site health and safety plan | None — measured |
| Advance notification and coordinator | None |
| Confined space entry programme | Present, conditional — 29 CFR 1926.1204 |
| Emergency action plan | Conditional and written |
| Fall protection plan | Conditional, narrow in scope |
What the structure means
This arrangement is not a gap but a different choice: hazard specific programmes instead of one umbrella plan. For a contractor working across borders the consequence is direct — a general plan prepared for the European side does not substitute for a confined space programme on the United States side.
What was not measured
State level duties are outside this measurement; states may operate their own programmes beyond the federal text and we did not measure that. We do not present the unmeasured as measured.