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OSHA’s New Confined Space Rules May Squeeze Unwary Employers
Wednesday, October 28, 2015

Construction just got a lot more complicated, and not knowing the rules could land construction employers in a tight spot.  Under OSHA’s sweeping new confined space rules for the construction industry, 29 C.F.R. § 1926.1201 et seq., construction employers are now required to evaluate and monitor confined spaces in their worksites on a continuous basis to determine whether each confined space is or may become a “permit required confined space” due to hazards arising from the nature of the space or the work to be performed there.  An operation as simple as using plumbing glue in an attic or crawl space can trigger standards requiring an employer to implement a written permit program, erect barricades, post signs, monitor atmospheric quality, provide various safety equipment and documented training, implement formal communication procedures, implement emergency rescue procedures, and potentially hire or train a specialized emergency rescue team to be on standby while the pipes are being glued.  Failure to recognize the triggering conditions or implement required safeguards can result in stiff civil or even criminal penalties including fines up to $70,000 for each violation.  Full enforcement of these new regulations against non-residential construction employers has already begun.  Enforcement against residential construction employers begins January 8, 2016. 

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