Contractors: New OSHA Confined Spaces Regulations Take Effect Posted on August 3, 2015June 23, 2021 by Kyle Schmidt The U.S. Department of Labor’s Occupational Safety and Health Administration division released new safety regulations that give construction crews and contractors a reason to celebrate. Finalized regulations for confined spaces Recently, OSHA finalized and issued regulations for construction work sites with confined spaces. Though the requirements are not effective until Aug. 3, 2015, knowing these stipulations have been decided upon and approved is a huge relief for many in the construction sector. According to Occupational Health and Safety Magazine, these regulations had been in the works for more than 20 years. While similar to the existing general and manufacturing-specific rules for confined spaces, these new parameters apply directly to construction crews and work sites. Part of the motivation behind these new rules were the many complaints from employers running into trouble reconciling the confined space procedures required for maintenance crews with the confined spaces physically located on construction sites. OSHA defines a confined space as an area that, although not designed for continuous occupancy by a human being, is large enough to fit an employee. Confined spaces also have restricted or inefficient entrances and exits. A permit required confined space is similar to a standard confined space, yet it also presents hazards that could inhibit an employee’s ability to get out of the area without help from another person. How will these new rules change construction? The publication reported the DOL’s Assistant Secretary Dr. David Michaels estimates these official rules will reduce the average number of injuries and deaths associated with confined spaces on construction sites by 96 percent. Labor Secretary Thomas Perez stated that’s roughly the equivalent of preventing 780 injuries each year. The primary differences between the standard regulations and construction-centric stipulations involve more routine site evaluations and procedures for dealing with multiple employers on site at once, as often happens in construction. Architects, contractors, subcontractors, building crews, electricians and more may be present on a single site at any given time. For instance, construction sites must have a competent person – defined by OSHA as one who can accurately point out and predict site hazards and effectively correct them – who reviews locations and identifies all confined spaces. Atmospheric monitoring and observation of engulfment hazards must both be ongoing, as well. If any crew members on a site will enter permit required confined spaces, the employer must provide employees with a written confined space program. Another important aspect to note is if an employer is observing crews completing both construction and general industry work, the business must adhere to the confined spaces regulations for construction specifically. The general industry standards do not cover construction work. For a more in-depth summary of the differences between OSHA’s new confined spaces rules for construction and rule 1910.146 (the confined space standard for general industry), click here. Any business owners or employers working with construction crews needs to review these new regulations to ensure compliance with industry requirements and avoid violating federal law. In addition, there are some states that provide construction industry workers with different versions of the federal guidelines issued by OSHA. Employers must adhere to those of their state.
