In response to requests for additional time to train and acquire equipment necessary for compliance, the Occupational Safety and Health Administration has postponed for 60 days a new Confined Spaces in Construction standard.
During temporary enforcement period through October 2, OSHA will not issue citations to employers who make good faith efforts to comply with the new standard.
Employers must be in compliance with either the existing confined spaces standard or the new standard’s training requirements; those who fail to train employees consistent with either standard will be cited.
Factors indicating good faith compliance efforts include scheduling employee training per new standard requirements; ordering the equipment necessary to comply with the new standard; and, taking alternative measures to educate and protect employees from confined space hazards.
OSHA issued the Confined Spaces in Construction final rule in May, noting how it provides construction workers protections similar to peers in manufacturing and general industry, with some differences tailored to project sites.
The standard includes requirements to ensure multiple employers share vital safety information and continuously monitor hazards.
Temporary Enforcement Policy for Construction Work in Confined Spaces
- Memorandum For:
- REGIONAL ADMINISTRATORS AND STATE PLAN DESIGNEES
- THROUGH:
- DOROTHY DOUGHERTY
- Deputy Assistant Secretary
- From:
- JAMES G. MADDUX,
- Directorate of Construction
- Subject:
- Temporary Enforcement Policy for Construction Work in Confined Spaces
During this 60-day period, OSHA will not issue citations to an employer making good faith efforts to comply with the new standard, as long as the employer is in compliance with either the training requirements of the new standard, found at 29 CFR 1926.1207, or the training requirements found at former 29 CFR 1926.21(b)(6)(i), which is provided:
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.
Employers who fail to train their employees consistent with either 29
CFR 1926.1207 or 1926.21(b)(6)(i) would properly be cited for violation
of 1926.1207(a).
Factors OSHA will consider when evaluating whether an employer is
engaged in good faith efforts to comply with the new standard include:- If the employer has not trained its employees as required under the new standard, whether the employer has scheduled such training,
- If the employer does not have the equipment required for compliance with the new standard, including personal protective equipment, whether the employer has ordered or otherwise arranged to obtain such equipment required for compliance and is taking alternative measures to protect employees from confined space hazards, and
- Whether the employer has engaged in any additional efforts to educate workers about confined space hazards and protect workers from those hazards.