Conor H. Meeks | Taft Stettinius & Hollister LLP | October 28, 2015<\/p>\n
On May 4, 2015, the Occupational Safety and Health Administration (OSHA) issued a new regulation on confined spaces<\/a> in the construction industry.\u00a0Previously, there was only one rule for construction employers \u2014 provide training to employees who enter confined spaces.\u00a0The new regulation (29 C.F.R. \u00a7 1926.1201, et seq.<\/em>) imposes additional requirements, including site evaluation by qualified personnel, posting notices to employees, adopting written safety and rescue protocols for certain hazardous confined spaces, continuous monitoring of hazards, and communication and coordination between different employers present at the site.<\/p>\n The standard went into effect on Aug. 3, 2015, but OSHA postponed full enforcement for 60 days, providing leniency to employers making good faith efforts to comply.\u00a0That grace period expired on Oct. 2, 2015, meaning covered employers must now be in full compliance with the new standard.<\/p>\n The new construction industry standard for confined spaces is very similar to the general industry standard (29 C.F.R. \u00a7 1910.146), but it has a number of additional requirements.\u00a0Although the general industry standard does not apply to construction employers, many choose to follow it voluntarily.\u00a0Those who do follow it need to understand the additional requirements imposed by the new construction standard.<\/p>\n OSHA<\/a> found the new construction industry standard necessary (as opposed to simply adopting the general industry standard) because construction worksites are uniquely dynamic.\u00a0Working conditions and confined spaces constantly and rapidly change as projects progress, and there are generally multiple employers on site performing different tasks that could affect conditions within a confined space.\u00a0Employee turnover is also inherently greater, as construction employees tend to work at multiple sites performing short-term tasks.\u00a0Accordingly, OSHA now requires a greater degree of communication and coordination between construction employers, heightened awareness of hazards in confined spaces and increased control over entry into confined spaces.<\/p>\n Covered Employers<\/strong><\/p>\n The new rules apply to all employers engaged in construction activities, except for excavation, underground construction and diving activities, which are covered by separate regulations.\u00a0At a construction site, there are multiple employers subject to the new rules: (1) the \u201chost employer\u201d is the owner or manager of the site; (2) the \u201ccontrolling contractor\u201d is the employer with overall responsibility for construction at the site, usually referred to as a general contractor; and (3) the \u201centry employer\u201d is any employer who directs an employee to enter a permit space, usually a subcontractor.\u00a0There can be overlap between these definitions.<\/p>\n Confined Spaces Defined<\/strong><\/p>\n A confined space is one that is large enough for a worker to enter, has limited means for entry and exit and is not designed for continuous occupancy.\u00a0Common examples include sewers, pits, crawl spaces, manholes, attics, boilers, bins, tanks, incinerators\u00a0and ducts.<\/p>\n A permit-required confined space (\u201cpermit space\u201d) is a confined space with one or more of the following characteristics: (1) contains, or potentially contains, a hazardous atmosphere; (2) contains material that has the potential for engulfing an entrant; (3) has an internal configuration that could trap an entrant; or (4) contains another serious safety or health hazard. As discussed in more detail below, if permit spaces are present at a worksite, employers must take certain steps to safeguard employees.<\/p>\n Requirements Under the Confined Spaces in Construction Standard<\/strong><\/p>\n Worksite Inspection<\/u>.\u00a0Before any employer begins work at a site, a \u201ccompetent person\u201d must inspect the site to identify all confined spaces, as well as any confined spaces that are permit spaces.\u00a0A \u201ccompetent person\u201d is one who is capable of identifying the hazards of permit spaces and who has the authority to eliminate them promptly.\u00a0The person must also be knowledgeable about appropriate testing methods necessary to identify hazards.\u00a0If a non-permit space changes in use or configuration, each entry employer must have a competent person reevaluate the space.<\/p>\n Notice to Employees<\/u>.\u00a0Any employer who identifies or receives notice of a permit space must inform employees of its existence and hazards by posting danger signs, or by some other effective means.\u00a0That employer must also inform employees\u2019 authorized representatives, as well as the controlling contractor, in a timely manner other than by posting.\u00a0Additionally, the employer must take steps to prevent unauthorized employees from entering the permit space.<\/p>\n Written Permit<\/u> Space Program.\u00a0If an employer directs employees to enter a permit space (i.e., if it is an entry employer), a written permit space program must be implemented at the site and made available to employees and their representatives prior to and during entry.\u00a0The program must identify and evaluate hazards; implement measures to prevent unauthorized access; implement measures for the issuance, use and cancellation of entry permits; implement measures for safe entry and exit and the elimination of hazards that arise; and implement measures for continuous monitoring of certain hazards.\u00a0The program must provide PPE at no cost to employees, provide appropriate training to each individual involved in entry operations, and provide at least one attendant outside the permit space while entry operations are underway.\u00a0The program must also implement procedures to rescue entrants from permit spaces when necessary.<\/p>\n Communication and Coordination for Permit Space Entry<\/u>.\u00a0Prior to any entry on the site, the host employer must inform the controlling contractor of any known permit spaces, as well as associated hazards and entry precautions previously implemented.\u00a0The controlling contractor must then provide that information, and any other information it has regarding the identified permit spaces, to any other employers entering the permit space. Before entry operations begin, each entry employer must obtain all information regarding the permit spaces from the controlling contractor and must inform the controlling contractor of the permit space program it will follow.\u00a0The controlling contractor must coordinate entry operations with entry employers where more than one entity is entering the permit space, or where permit space entry operations are performed by only one entry employer in close proximity to other activities that could create hazards in the permit space.\u00a0Once entry operations are completed, the controlling contactor must debrief each entity who entered a permit space to discuss the permit space program followed, as well as any hazards encountered during entry.\u00a0The controlling contractor must then inform the host employer of such information.<\/p>\n Differences Between the Construction and General Industry Standards<\/strong><\/p>\n As previously mentioned, the construction industry standard is similar to the general industry standard, but it has additional requirements…<\/p>\n To finish reading this article<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"