Therefore, up until May 1, 2015, when the OSHA Confined Spaces in Construction Standard was issued, the only construction-related requirement to confined spaces had been issued in 1979 as a training provision for construction confined space work (29 CFR 1926.21(b)(6). This provision states, “All employees required to enter into confined or enclosed spaces shall be instructed as to the nature of the hazards involved, the necessary precautions to be taken and in the use of protective and emergency equipment required. The employer shall comply with any specific regulations that apply to work in dangerous or potentially dangerous areas.”
The effective date for the Confined Spaces in Construction Standard was August 2, 2015, with full enforcement starting October 2, 2015 for most construction. Residential construction is expected to comply with the Confined Spaces in Construction Standard sometime after March 8, 2016. The new Confined Spaces in Construction Standard is expected to save approximately 800 construction workers a year from serious injury, including death.
Construction Industry and General IndustryThe new Confined Spaces in Construction Standard is closely aligned with the General Industry Permit-Required Confined Spaces Standard (29 CFR 1910.146) and is more comprehensive in all aspects of the confined space entry process. These aspects include communication, planning, preparedness, entry, post-entry requirements and documentation throughout the confined space entry process.
The Confined Spaces Standard in Construction has set a new bar for confined space entry for both construction and general industry. Unlike the General Industry Permit-Required Confined Spaces Standard, the Confined Spaces in Construction Standard details provisions for when multiple employers are at the worksite, defines a “competent person,” requires continuous atmospheric monitoring as well as monitoring for engulfment hazards, and allows for permit suspension instead of cancellation. The Confined Spaces in Construction Standard also provides more clarification than the General Industry Permit-Required Confined Spaces Standard regarding the elimination of a hazard or isolation methods (lockout/tagout, line breaking, double block and bleed, blanking or blinding), arrangements with local emergency workers, and worker language and vocabulary training, in addition to “entry employer” and “entry rescue.”
It’s important to note that employers with employees performing both general industry and construction work must defer to the Confined Spaces Standard in Construction since it is more stringent. Thus, an employer complying with the Confined Spaces Standard in Construction would be in compliance with the provisions of the General Industry Permit-Required Confined Spaces Standard as well.
Key Provisions of the Confined Spaces in Construction StandardSimilar to the General Industry Standard, the Confined Spaces Standard in Construction also requires a written program. It affects all construction employers whose workers may be exposed to confined space hazards and requires that effective steps be taken to prevent employee entry into permit spaces onsite even if they have no need to enter.
According to the Confined Spaces Standard in Construction, a “host employer” is the employer that owns or manages the property where the construction work is taking place; the “controlling contractor” is the employer that has overall responsibility for construction at the worksite; and the “entry employer” is any employer who makes decisions regarding employee entry into permit spaces, including both employees hired directly by that employer and other employees (e.g., temp workers). Keep in mind that a controlling contractor who owns or manages the property is both a controlling employer and a host employer.
A “competent person” is designated as one capable of identifying existing and predictable hazards that are unsanitary, hazardous or dangerous to employees and who has authorization to take prompt corrective measures to eliminate them. This competent person is required to evaluate confined spaces. Employers are required to determine the types of confined spaces that workers will be in, what hazards they might encounter and methods for making those hazards safe. They’re also required to decide which training workers should receive and to develop rescue plans.
All confined spaces are considered Permit-Required Confined Spaces unless a competent person either reclassifies the spaces or documents that alternative practices can be applied. Yes, that means that spaces such as attics, pits and crawl spaces must now be evaluated, analyzed and classified.
In addition to specifying the ability of an entry employer to suspend a confined space entry, the Confined Spaces Standard in Construction details duties and training requirements for the authorized entrant, attendant, entry supervisor, competent person and rescue services. It also details requirements and more specific arrangements for rescue services. Finally, it specifies that documented supporting data and determinations should be shared with employees.
Impacts of Non-ComplianceOSHA compliance is the minimum requirement by law and does not guarantee that no accident will occur or result in a claim for compensation. The impacts from a serious injury or death can also stop the job, affect the employer’s qualification to bid on new work, compromise the employer’s ability to maintain insurance coverage costs or keep them from escalating, lead to a loss of reputation and business, or result in litigation. Worse, a serious injury or death impacts quality of life for family, friends and co-workers.
For these impacts to be achieved, management must commit to a robust, proactive approach. An employer must have a Confined Spaces Program that is OSHA-compliant, involving competent employees for all job duties and practices and procedures that are as effective as possible. To achieve this, follow best management practices set by the construction industry, professional and trade organizations such as the American National Standards Institute (ANSI) and the National Fire Protection Association (NFPA).
The new Confined Spaces in Construction Standard is expected to save approximately 800 construction workers a year from serious injury, including death.
The Confined Spaces Standard in Construction has set a new bar for confined space entry for both construction and general industry.
Michael Ziskin, CHCM, CHMM, CBCP, President, Field Safety Corporation Field Safety Corporation provides Environmental, Health and Safety Construction Services throughout the northeast U.S. Michael and his staff also provides Confined Space Programs, Training, On Site