Jim Goss Confined Spaces in Construction “What’s New”

Confined Space Danger

Recent Rulemaking History 14 years ago conversation started about Confined Space Entry for Construction General Industry Standard published 1993 United Steelworkers settlement 1994 Consultation with ACCSH, stakeholder meetings and SBREFA panel Proposed Rule 2007

Recent Rulemaking History Original version circulated for comments over 8 years ago Over 90% of comments on the draft standard were negative The draft of the standard was re-worked The new standard was not circulated to stakeholders or submitted for comments.

“The New Standard” 29 CFR 1926 Subpart AA Final Rule published 5/1/15 Effective date 8/3/15 Major issues still have not been resolved No Appendixes published No Compliance Directive No training material developed

Subpart AA 1201-Scope 1202-Definitions General Requirements PRCS Program 1205-Permitting Process 1206-Entry Permit

Subpart AA 1207-Training 1208-Duties of Authorized Entrants 1209-Duties of Attendants 1210-Duties of Entry Supervisor 1211-Rescue & Emergency Services 1212-Employee Participation

Scope (a) This standard sets forth requirements for practices and procedures to protect employees engaged in construction activities in or near confined spaces, subject to the exceptions in paragraph (b) of this section.

1201-Scope Exceptions (b) Exceptions. This standard does not apply to: – (1) Construction work regulated by 29 CFR Part 1926 subpart Y (Diving). – (2) Non-sewer construction work regulated by 29 CFR Part 1926 subpart P (Excavations). – (3) Non-sewer construction work regulated by 29 CFR Part 1926 subpart S (Underground Construction, Caissons, Cofferdams and Compressed Air).

1202-Definitions Some terms defined in 1910 are not defined in 1926 Some terms defined in 1926 are not defined in 1910 Some terms are defined differently

Basics What is a confined space? – Big enough to enter – Not for regular occupancy – Difficult to exit Examples include: Sewers, pits, crawl spaces, attics, boilers, tanks, etc. Hazards include: Low oxygen, toxic atmospheres, flammables/explosives, animals and insects, etc., and hazards caused by the work being done !

What is a Permit Space? Permit-Required Confined Space (Permit Space) – A confined space WITH Hazardous or potentially hazardous atmosphere; Engulfment hazard; Physical Hazard; Other serious safety or health hazard

1203-General Requirements All permit required confined spaces must be identified and marked. The employer must develop and implement a written permit space program that must be available, at the construction site.

Who does what? Site evaluation : – Any employer whose employee may enter a confined space needs to ensure that the site is evaluated and spaces are posted, but the evaluation and posting may be coordinated through a single employer. – Site evaluation involves hazard recognition – hazards already in the space, and hazards created as a result of the work being done.

Proper Prior Planning… Awareness of hazards Addressing hazards BEFORE entering Preparation for rescue in the event of an emergency/unanticipated condition. With planning and forethought, many construction employers will be able to avoid the need for a permit space program.

What do you mean by “posted”? Employers who identify or are made aware of permit spaces must make sure that exposed workers are made aware of the existence, location, and danger of each permit space. – A sign reading “DANGER – PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” would satisfy the requirement for posting.

1203-General Requirements Employer Responsibilities – 1203(h) & (j) – The host employer must exchange information directly with the employer, or directly with the controlling contractor. The controlling contractor must: 1.Obtain from the host contractor all available information regarding permit space hazards and entry operations; 2.Inform each such employer of the location of each confined space and that a permit space program is required; 3.Apprise each employer of the hazards that make the confined space a permit space; 4.Apprise each employer of any precautions has been implemented for the in or near permit spaces; 5.Coordinate entry operations, when more than one employer is involved; 6.Debrief each employer at the conclusion of the entry operations; e.

Information Exchange

1204-PRCS Program Identify and evaluate the hazards of permit spaces before employees enter them; Develop and implement the procedures for safe permit space entry operations Provide required equipment Evaluate permit space conditions Provide at least one attendant outside the permit space Designate a training coordinator Develop and implement procedures for summoning rescue and emergency services Annual review of program

What do you mean by “program”? A written program developed under this rule outlines what the employer will do to protect its workers from permit space hazards. – Programs will often be used for more than one work site – they will give general information about the hazards and methods of addressing hazards used by that employer. – In contrast, permits contain specific information about the particular space entered under that permit.

What’s in a Program? Site evaluation for confined spaces and permit-required confined spaces (permit spaces). Posting of all permit spaces. Steps taken to prevent unauthorized entry of permit spaces. Training of all workers exposed to permit space hazards, including hazards of unauthorized rescue.

What’s in a Program? (cont’d) Plans for elimination or isolation of physical hazards. Plans for air testing and monitoring. Plans for ventilation. Plans for engulfment hazard monitoring, if necessary. Plans for rescue (non-entry if possible). Plans and training for entrants, attendants, and entry supervisors.

What’s in a Program? Personal protective equipment, if necessary. Plans for working around and with other contractors. Plans for summoning emergency services. Plans for regular review (at least annually) of permits and identification of areas in need of improvement.

1205-Permitting Process No substantive change or modification from the General Industry (1910) other than section name change

1206-Entry Permit No substantive change or modification from the General Industry (1910)

1207-Training T he employer must provide training that must result in an understanding of the hazards in the permit space and the methods used to isolate, control or in other ways protect employees from these hazards. The training must establish employee proficiency in the duties required The employer must certify that the training has been accomplished.

1207-Training The certification must contain each employee’s name, the signatures or initials of the trainers, and the dates of training. The certification must be available at the job site for the period of time the employee is employed by that employer, or for the duration of the permit, whichever is greater.

1208-Duties of Authorized Entrant No substantive change or modification from the General Industry (1910)

1209-Duties of Attendants Continuous Monitoring No substantive change or modification from the General Industry (1910)

1210-Duties of Entry Supervisor No substantive change or modification from the General Industry (1910)

1211-Rescue & Emergency Services 1204(i) Develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue;

1211-Rescue & Emergency Services Definitions – Rescue means retrieving, and providing medical assistance to, employees who are in a permit space. – Rescue service means the personnel designated to rescue employees from permit spaces.

1211-Rescue & Emergency Services (a) An employer who designates rescue and emergency services, pursuant to paragraph (i) of this standard, must: – (1) Evaluate a prospective rescuer’s ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified; – (2) Evaluate a prospective rescue service’s ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified; – (3) Select a rescue team or service from those evaluated that: (i) Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; (ii) Is equipped for, and proficient in, performing the needed rescue services;

1211-Rescue & Emergency Services Non-entry rescue must be provided unless it increases risk or would not contribute to a successful rescue – Full-body harness with retrieval line Attached at dorsal attachment point, or above the entrant’s head, or at another point which allows the entrant to be pulled out safely. The other end of the line must be attached to a mechanical device or fixed point outside the space. A mechanical device (such as a winch) must be available if the space is more than 5 feet deep. – Unsuitable equipment must not be used.

1211-Rescue & Emergency Services If entry rescue is required, the employer must ensure the rescue service: – Can respond in a timely manner – Can perform rescue in the specific space(s) – Can reach victims in a time frame appropriate for the hazards identified – Is equipped for and proficient in the necessary services – Agrees to notify the employer in the event the service becomes unavailable – Employers must inform the rescue service of the hazards it may confront – Employers must provide the rescue service with access to all permit spaces from which rescue may be necessary

1211-Rescue & Emergency Services If an employer’s workers will perform rescue as a “In House Rescue Team”, the employer must, at no cost to the workers: – Provide the necessary PPE and training – Train each worker in Technical Rescue Skills – Train each worker how to perform assigned rescue duties – Train each worker in basic first aid and CPR, and ensure one member of the team has a current certification in both – Ensure each worker practices rescue before attempting an actual rescue, and at least every 12 months.

What’s Different About Rescue in Construction Relying on 911 or local emergency responders for entry rescue – The construction rule explicitly states that the emergency responders must agree to notify the employer in the event that the rescue service becomes unavailable. – A competent person must conduct Rescue Services Evaluation of responding Fire/Emergency Services Department.

1211-Rescue & Emergency Services Rescue & Emergency Services 10 Questions Contact Emergency Services Provider and use the questions to evaluate their capabilities If they will stand by/respond, get it in writing Document the whole process

1212-Employee Participation No substantive change or modification from the General Industry (1910)

“Low Hanging Fruit” Final rule does not apply to: – Excavations, Underground Construction, Diving operations Final rule does apply to: – Bins, boilers, pits, manholes, tanks, concrete pier columns, HVAC ducts, sewers, transformer vaults, precast concrete manhole units and more-

Pre-entry planning Competent person to determine if there are confined spaces & actions to control hazards. Continuous Air Monitoring during entry to permit spaces Early Warning System for sewer entries Training of workers on hazards Personal Protective Equipment supplied suitable to the hazards “Low Hanging Fruit”

Written Program & Permit System Training and documentation for each duty assignment Multi-Employer issues and understanding roles and responsibilities Rescue Service Evaluation Rescue Service Assignment

Questions