OSHA updates for MACC 2015

1. MACC
2015

2.  Total (Fed.)= 53
 Missouri = 27
◦ (KCAO = 14; SLAO = 13)
 Kansas = 12
 Nebraska = 13
 Iowa
◦Federal OSHA = 1
◦State of Iowa OSHA = 23

3. 2012 = 43
◦State of IA = 15
2013 = 39
◦State of IA = 22
2014 = 45
◦State of IA = 29

4.  Construction Trade Workers =
611 fatalities
◦Construction Laborers = 206
◦Roofers = 81
◦Electricians = 78
◦Carpenters = 58
Source: bls.gov

5.  Effective August 3, 2015
 Postpone full enforcement for 60 days (Oct.
2, 2015)
 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).

6.  Factors OSHA will consider when
evaluating whether an employer is
engaged in good faith efforts to
comply with the new standard include:
1. If the employer has not trained its
employees as required under the
new standard, whether the employer
has scheduled such training,

7. 2. 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

8. 3. Whether the employer has engaged
in any additional efforts to educate
workers about confined space
hazards and protect workers from
those hazards.

9.  “If you are doing construction work – such as
building a new structure or upgrading an old one
– then you must follow the construction confined
space rule.”
1926.1201 Scope.
 (a) This standard sets forth requirements for
practices and procedures to protect employees
engaged in construction activities at a worksite
with one or more confined spaces, subject to the
exceptions in paragraph (b) of this section.

10.  “Exceptions. This standard does not apply to:
◦ (1) Construction work regulated by §1926 subpart
P—Excavations.
◦ (2) Construction work regulated by §1926 subpart
S—Underground Construction, Caissons,
Cofferdams and Compressed Air.
◦ (3) Construction work regulated by §1926 subpart
Y—Diving.” [source: 1926.1201(b)]

11. Subpart P applies to ‘‘all open excavations made in the
earth’s surface,’’ including trenches (§ 1926.650(a)).
For example, the work of digging trenches, shoring up
the trenches, and placing a sewer pipe or other
materials into the trenches are subject to subpart P.
When an employer is excavating a trench to install a
new storm drain, subpart P applies to all excavation
and trenching activities. The final confined spaces
standard applies, however, to non-excavation work
within a confined space located in an excavation, as
this work would expose employees to additional
hazards besides excavation-related hazards. For
example, this final standard covers entry into a
prefabricated storm drain, other pipe, or manhole even
if located at the bottom of an open excavation.

12. 1. More detailed provisions requiring
coordinated activities when there are
multiple employers at the worksite. This will
ensure hazards are not introduced into a
confined space by workers performing tasks
outside the space. An example would be a
generator running near the entrance of a
confined space causing a buildup of carbon
monoxide within the space.

13. 2. Requiring a competent person to evaluate
the work site and identify confined spaces,
including permit spaces.
3. Requiring continuous atmospheric
monitoring whenever possible.

14. 4. Requiring continuous monitoring of
engulfment hazards. For example, when
workers are performing work in a storm
sewer, a storm upstream from the workers
could cause flash flooding. An electronic
sensor or observer posted upstream from
the work site could alert workers in the
space at the first sign of the hazard, giving
the workers time to evacuate the space
safely.

15. 5. Allowing for the suspension of a permit,
instead of cancellation, in the event of
changes from the entry conditions list on
the permit or an unexpected event requiring
evacuation of the space. The space must be
returned to the entry conditions listed on
the permit before re-entry.

16.  OSHA has added provisions to the new rule
that clarifies existing requirements in the
General Industry standard. These include:
1. Requiring that employers who direct
workers to enter a space without using a
complete permit system prevent workers’
exposure to physical hazards through
elimination of the hazard or isolation
methods such as lockout/tagout.

17. 2. Requiring that employers who are relying on
local emergency services for emergency
services arrange for responders to give the
employer advance notice if they will be
unable to respond for a period of time
(because they are responding to another
emergency, attending department-wide
training, etc.).
3. Requiring employers to provide training in a
language and vocabulary that the worker
understands.

18.  The rule requires employers to
determine what kinds of spaces their
workers are in, what hazards could be
there, how those hazards should be
made safe, what training workers
should receive, and how to rescue
those workers if anything goes wrong.

19.  In other words, employers are now
required to perform a RISK
ASSESSMENT prior to work starting.
 Employers will need a written confined
space policy if workers will be
required to enter a permit confined
space.

20. Host Employer
Controlling Contractor
Sub Contractor
◦Entry employer

21.  The host employer must provide
information it has about permit
spaces at the work site to the
controlling contractor, who then
passes it on to the employers
whose employees will enter the
spaces (entry employers).

22.  The rule makes the controlling contractor,
rather than the host employer, the primary
point of contact for information about permit
spaces at the work site.
 The controlling contractor is also responsible
for making sure employers outside a space
know not to create hazards in the space, and
that entry employers working in a space at
the same time do not create hazards for one
another’s workers.

23.  entry employers must give the
controlling contractor information
about their entry program and
hazards they encounter in the
space, and the controlling
contractor passes that
information on to other entry
employers and back to the host.

24. The above diagram shows the information flow and coordination between these employers
The rule makes the controlling contractor, rather than the host employer, the primary point of contact for information aboutpermit

25.  Several terms have been added to the
definitions for the construction rule, such
as "entry employer" to describe the
employer who directs workers to enter a
space, and "entry rescue", added to clarify
the differences in the types of rescue
employers can use.

26.  Competent Person: means one who is
capable of identifying existing and
predictable hazards in the surroundings or
working conditions which are unsanitary,
hazardous, or dangerous to employees, and
who has the authorization to take prompt
corrective measures to eliminate them.
◦ There is no definition for competent person in the
General Industry Standard – this is new

27.  Control: means the action taken to reduce the
level of any hazard inside a confined space
using engineering methods (for example, by
ventilation), and then using these methods to
maintain the reduced hazard level. Control
also refers to the engineering methods used
for this purpose.
◦ Personal protective equipment is not a control.

28.  Controlling Contractor: The employer that
has overall responsibility for construction at
the worksite
 Key component of the new standard: The controlling
contractor is responsible for making sure employers
outside a space know not to create hazards in the space,
and that entry employers working in a space at the same
time do not create hazards for one another’s workers.

29.  Entry Employer: Any employer who
decides that an employee it directs
will enter a permit space
Note to the definition of ‘‘Entry Employer’’. An employer
cannot avoid the duties of the standard merely by refusing to
decide whether its employees will enter a permit space, and
OSHA will consider the failure to so decide to be an implicit
decision to allow employees to enter those spaces if they are
working in the proximity of the
space.

30.  Host Employer: The employer that owns or
manages the property where the construction
work is taking place
 Emergency: means any occurrence (including
any failure of power, hazard control or
monitoring equipment) or event, internal or
external, to the permit space that could
endanger entrants.

31.  Entry: means the action by which any part of a
person passes through an opening into a permit-
required confined space.
◦ Entry includes ensuing work activities in that
space and is considered to have occurred as
soon as any part of the entrant’s body breaks
the plane of an opening into the space,
whether or not such action is intentional or
any work activities are actually performed in
the space.

32.  Entry Permit: means the written or printed
document that is provided by the employer
who designated the space a permit space to
allow and control entry into a permit space
and that contains the information specified in
§ 1926.1206.
 Entry rescue: occurs when a rescue service
enters a permit space to rescue one or more
employees.

33.  Limited or restricted means for entry
or exit: means a condition that has a
potential to impede an employee’s
movement into or out of a confined
space. Such conditions include, but
are not limited to, trip hazards, poor
illumination, slippery floors, inclining
surfaces and ladders.

34.  Prohibited condition: means any condition in a
permit space that is not allowed by the permit
during the period when entry is authorized. A
hazardous atmosphere is a prohibited condition
unless the employer can demonstrate that
personal protective equipment (PPE) will provide
effective protection for each employee in the
permit space and provides the appropriate PPE to
each employee.
◦ Second sentence is new language

35.  Must contain all of the elements listed in
1926.1204. The program must be maintained
at the construction site and made available
prior to and during entry operations.

36.  (1) An employer whose employees enter a permit
space need not comply with §§ 1926.1204
through 1206 and §§ 1926.1208 through 1211,
provided that all of the following conditions are
met:
◦ …all physical hazards are eliminated or isolated
◦ …ventilation alone is sufficient to maintain the space
and provides time for escape should the ventilation
system fail
◦ The employer develops monitoring and inspection data
that supports the demonstrations required by
paragraphs (e)(1)(i) and (ii) of this section;
 Continuous monitoring is required

37.  The completed permit: must be made available at
the time of entry to all authorized entrants or
their authorized representatives, by posting it at
the entry portal or by any other equally effective
means, so that the entrants can confirm that pre-
entry preparations have been completed.
 The duration of the permit may not exceed the
time required to complete the assigned task or
job identified on the permit in accordance with
paragraph §1926.1206(b) of this standard.

38.  The entry employer must retain each canceled
entry permit for at least 1 year to facilitate
the review of the permit-required confined
space program required by paragraph
§1926.1204(n) of this standard. Any
problems encountered during an entry
operation must be noted on the pertinent
permit so that appropriate revisions to the
permit space program can be made.

39.  The entry permit that documents compliance with
this section and authorizes entry to a permit space
must identify:
◦ The permit space
◦ Purpose of entry
◦ Date and duration
◦ Authorized entrants (by name or other means)
◦ Means of detecting changes in atmosphere
◦ Each person by name serving as an attendant
◦ Name and signature of supervisor authorizing entry
◦ Hazards
◦ Isolation or control measures
◦ Acceptable entry conditions
◦ Testing results
◦ Rescue services
◦ Communication procedures
◦ Equipment, PPE etc., needed

40.  NAHB (National Assoc. of
Home Builders)
 Telecommunications company
◦Could potentially lead to changes
in the standard

41. Brian Wood
Regional Labor Liaison
OSHA Region VII
816-283-0545 x244
Wood.brian.L@dol.gov

42.  This information has been developed by an OSHA Labor Liaison
and is intended to assist employers, workers, and others as they
strive to improve workplace health and safety. While we attempt
to thoroughly address specific topics [or hazards], it is not
possible to include discussion of everything necessary to ensure
a healthy and safe working environment in a presentation of this
nature. Thus, this information must be understood as a tool for
addressing workplace hazards, rather than an exhaustive
statement of an employer's legal obligations, which are defined
by statute, regulations, and standards. Likewise, to the extent
that this information references practices or procedures that may
enhance health or safety, but which are not required by a statute,
regulation, or standard, it cannot, and does not, create
additional legal obligations. Finally, over time, OSHA may modify
rules and interpretations in light of new technology, information,
or circumstances; to keep apprised of such developments, or to
review information on a wide range of occupational safety and
health topics, you can visit OSHA's website at www.osha.gov.