OSHA Issues Temporary Enforcement Guidance for Confined Space in Construction

OSHA issues temporary enforcement policy regarding the new standard for Confined Spaces in Construction. The Agency is extending the effective day by 60 days to Oct 2 in order to give employer additional time to comply with the new requirements. According to the press release, "During this 60-day temporary enforcement period, 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 training requirements of the new standard* or the previous standard. Employers who fail to train their employees consistent with either of these two standards will be cited."

OSHA Press Release:

WASHINGTON - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today announced a 60-day temporary enforcement policy of its Confined Spaces in Construction standard, which becomes effective Aug. 3, 2015. The agency is postponing full enforcement of the new standard to Oct. 2, 2015, in response to requests for additional time to train and acquire the equipment necessary to comply with the new standard.

During this 60-day temporary enforcement period, 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 training requirements of the new standard* or the previous standard. Employers who fail to train their employees consistent with either of these two standards will be cited.

Factors that indicate employers are making good faith efforts to comply include: scheduling training for employees as required by the new standard; 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 on May 4, 2015. The rule provides construction workers with protections similar to those manufacturing and general industry workers have, with some differences tailored to the construction industry. These include requirements to ensure that multiple employers share vital safety information and to continuously monitor hazards – a safety option made possible by technological advances after the manufacturing and general industry standards were created.

OSHA estimates the confined spaces rule could protect nearly 800 construction workers a year from serious injuries and reduce life-threatening hazards.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.