Confined Space Safety in 2026: Lessons from Recent OSHA Enforcement Cases

On August 11, 2025, three workers went into a manhole in Mobile, Alabama to fix sewer lines. Sewer gas overcame all three. Two never came back out.

Six months later, OSHA issued its findings. The employer — Construction Labor Services Inc. — had no confined space program, no training, and no rescue plan. Consequently, the agency proposed $257,707 in fines across 16 serious violations.

In practice, this is not a rare case. Therefore, teams that use safety inspection software to run permit workflows and audit trails are in a much stronger position when an inspector arrives.

Two Cases That Define the 2026 Enforcement Climate

These two cases show the two ways confined space programs break down: total absence and willful disregard. In both cases, the path led to the same result — workers died and OSHA issued large fines.

Construction Labor Services Inc. — Mobile, Alabama (February 2026)

OSHA issued its citation on February 17, 2026. Three workers entered a permit-required confined space — a manhole — with no program in place. Specifically, the employer had not checked whether entry conditions were safe. Moreover, there were no trained attendants, no entry supervisor, and no rescue plan.

For example, sewer manholes are a known source of hydrogen sulfide. OSHA’s press release states the employer “lacked confined space entry programs, steps, training, and emergency response plans.” That is every core rule of the standard — all absent.

In all, the result was 16 serious violations, $257,707 in fines, and two families without breadwinners.

Clean Harbors Environmental Services Inc. — Twinsburg, Ohio (July 2025)

This case involves a firm that knew better. Clean Harbors handles hazardous waste for a living. Yet on January 10, 2025, a worker was killed by bad air inside a railroad tank car. Oxygen had dropped to 5%.

OSHA’s July 2025 citation proposed $602,938 — including three willful violations. Specifically, the agency found the employer failed to ventilate, failed to test the air before entry, and had no rescue gear: no tripod, no winch, no harness.

A willful violation means OSHA found the employer knew the rule and chose not to follow it. Moreover, willful citations can trigger criminal charges when a worker dies. The maximum fine is $165,514 per violation.

The Bigger Picture: Confined Space Deaths by the Numbers

According to BLS CFOI data, 1,030 workers died in confined spaces from 2011 to 2018 — nearly two per week.

The top cause of death is bad air: 56% of deaths came from oxygen loss, toxic gas, or flammable fumes. For example, hydrogen sulfide — the same gas in the Alabama manhole — is the most common toxic cause.

Notably, about 60% of confined space deaths are rescuers. When a worker goes down, a coworker rushes in to help — with no gear. Then both die. This is the exact problem that non-entry rescue rules are built to stop. Notably, Clean Harbors ignored those rules.

What 29 CFR 1910.146 Actually Requires

29 CFR 1910.146 is the OSHA rule for permit-required confined spaces. A space is permit-required when it is large enough to enter, not built for steady work, and has at least one of these traits:

• Contains or may contain a bad atmosphere
• Contains material that could trap or bury a worker
• Has walls or a floor shape that could pin a person
• Contains any other known serious safety or health risk

Here is what must be in place.

Written Permit Program

Employers must write and run a permit program. Specifically, it must cover how to approve entry, how to test the air, how to stay in touch with the attendant, and when to cancel a permit. In addition, it must be reviewed at least once a year — and after any near-miss.

Air Testing Before Entry

Before anyone enters, a trained person must check the air in this order: oxygen first, then flammable gas, then toxic gases. Then check that safe entry conditions are met — oxygen between 19.5% and 23.5%. When the Clean Harbors worker entered the tank, oxygen had fallen to 5%. No test was done. As a result, he had no chance to get out safely.

Three Defined Roles

The rule sets out three roles:

• Authorized entrant — knows the risks, uses the required gear, and exits when told or when conditions change.
• Attendant — stays outside at all times, watches conditions, and calls for help.
• Entry supervisor — checks entry conditions, signs the permit, and stops the entry if things get worse.

Notably, none of these roles existed at the Alabama site. When there is no attendant, there is no one to call for help before a second worker enters. That is how rescuer deaths happen.

Rescue Plan and Gear

Employers must set up rescue services before entry begins. The preferred method is non-entry retrieval: a harness, a retrieval line, and a device — like a tripod and winch — to pull the worker out from outside. If someone can be pulled out without another person going in, the rescuer death problem is largely solved. Yet Clean Harbors had none of this gear.

Common Failure Patterns from Recent Cases

Looking at both cases — and the wider enforcement record — the same gaps show up again and again. Yet they are not hard to spot. Moreover, EHS managers can close them before the next entry. For a look at how digital workflows lock in each required step, see Certainty’s inspection and permit features.

• No written program. The Alabama contractor had nothing on paper. As a result, workers had no way to judge whether entry was safe.
• Air testing skipped. In both cases, no one tested the air before entry — even when the employer had the tools.
• No trained attendant. For example, an attendant posted outside would have been the first line of defense in both incidents.
• No retrieval gear. Clean Harbors had no tripod, no winch, and no harness. So any rescue meant someone else entering the same lethal space.
• No training records. Workers who aren’t trained can’t tell when to refuse entry. Records that don’t exist can’t help in an inspection.
• No annual review. Hazard profiles change. For example, a program from three years ago may not cover today’s work.

What a Strong Confined Space Program Looks Like in 2026

Avoiding a citation is a floor, not a goal. Still, the goal is workers going home. A strong program has seven core parts — and all must be on paper and easy to pull up for an audit.

1. A Written Program for Your Specific Sites

A generic form is not a program. Your written program must list every permit-required space and name the hazards in each. It must also spell out the steps and gear for each type of entry. If your crews work at many sites — like the Alabama contractor — the program must cover all of them.

2. A Permit for Each Entry

Each entry needs a signed permit. The permit records the space, the hazards, the air test results, who is inside, the attendant, and the communication plan. It must also note the rescue setup. Finally, completed permits must be kept for at least one year so the employer can spot patterns.

3. Named, Trained People in Each Role

Entrants, attendants, and entry supervisors must each be trained and named before work begins. The training must cover each space’s hazards and how to handle an emergency. Still, experience alone is not enough — it must be verified and written down.

4. Rescue Plans That Have Been Tested

Retrieval gear must be set up before entry begins — not in the truck. If you rely on an emergency team, they must reach the site fast enough to matter. Specifically, OSHA requires real practice drills at least once every 12 months. An untested plan fails when it counts.

5. Training Records That Are Up to Date

Training must happen before the first day on the job and after any change in duties. Each session must be logged with the worker’s name, the trainer’s name, and the date. When OSHA arrives after an incident, training records are the first thing they request. Consequently, gaps become extra citations.

6. Regular Inspection and Audit Trails

In practice, a confined space program doesn’t run itself. Gas monitors and retrieval gear need regular checks. Similarly, the permit process needs periodic review. Are permits filled out fully? Are attendants staying outside? These need real answers.

This is where digital safety inspections add real value. EHS teams can run permit steps in the field, log air data, and track training by role. When something goes wrong, the full record is ready to share.

7. An Annual Program Review

Finally, 29 CFR 1910.146 says employers must review the permit program within one year of each entry and update it as needed. The review should also happen after a near-miss, a change in work scope, or feedback from workers. A program that hasn’t been reviewed can’t prove it reflects current conditions.

Confined Space Safety Is Not Optional in 2026

Both cases share one fact: workers died because the program that should have protected them either didn’t exist or wasn’t followed. Meanwhile, Cal/OSHA’s new confined space rules, effective January 1, 2026, show that state-level demands are rising too.

Confined space safety is not a once-a-year box to check. Instead, it’s a live, documented, audited program that governs every entry. Consequently, OSHA has little patience for employers who still haven’t built a working program.

Still, the path is clear: document every step, test the air before every entry, and keep a record you can defend.

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Frequently Asked Questions (FAQs)

What is a permit-required confined space under OSHA rules?

A permit-required confined space is large enough to enter, has limited exits, and isn’t built for steady work — and has at least one of: bad air, engulfment risk, a trapping shape, or another known hazard. Under 29 CFR 1910.146, entry requires a written program, a signed permit, air testing, named roles, and a rescue plan.

Why do so many confined space deaths involve rescuers?

When a worker goes down inside a confined space, a coworker’s instinct is to go in and help. However, if the air is toxic or low in oxygen, the rescuer faces the same risk — often with no gear at all. NIOSH data shows about 60% of confined space deaths are rescuers. Therefore, 1910.146 requires non-entry retrieval systems as the preferred method — so no one has to enter to bring someone out.

What were the main violations in the February 2026 Alabama citation?

OSHA cited Construction Labor Services Inc. with 16 serious violations and $257,707 in proposed fines after two workers died in a Mobile, Alabama manhole on August 11, 2025. According to the DOL press release, the employer had no entry programs, no procedures, no training, and no emergency plans — nearly every core element of 29 CFR 1910.146.

What does OSHA consider a willful violation in a confined space case?

OSHA calls a violation willful when it finds the employer knew the rule and chose not to follow it. In the Clean Harbors case, OSHA proposed three willful violations — for failing to ventilate, failing to test the air, and failing to use retrieval gear. Willful violations carry fines up to $165,514 each and can lead to criminal charges.

How often must an employer review its confined space program?

Under 29 CFR 1910.146, employers must review the program within one year of each entry and update it as needed. The review must also happen after any incident or near-miss, or any time workers say the program isn’t working. Finally, the review must be in writing.

What air conditions must be checked before a permit-space entry?

Safe entry requires oxygen between 19.5% and 23.5%, flammable gas below 10% of the lower flammable limit, and toxic gases below OSHA’s limits. Test in this order: oxygen first, then flammables, then toxics. In the Clean Harbors case, oxygen was at 5% and no test was done.

How can EHS software help with confined space compliance?

Confined space programs most often fail in the field — permits get skipped, training records fall behind, gear inspections lapse. However, EHS platforms let teams run permit steps digitally, log air data at the point of entry, track training by role, and schedule gear checks. For a full look, see the Certainty Software platform overview.