Employers must consult affected employees and their authorized representatives when developing and implementing every aspect of the permit space program required under 1926.1203. Consultation extends beyond drafting the program to how it is put into practice on site, such as identifying spaces, choosing controls, setting entry procedures and arranging rescue. Employers must also give each affected employee and his or her authorized representatives access to all information that Subpart AA requires to be developed. That information includes, for example, the written permit space program, confined space identification and evaluations, entry permits, test and monitoring results, alternate procedure certifications and data, reclassification certifications, and training records. The section does not specify a particular method or record of consultation; evidence is typically meeting notes, toolbox talk records, safety committee minutes or worker sign-offs showing that employees were involved, together with a practice for providing documents on request.
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