1. Confined Spaces in Construction Subpart AA 1926.12XX
Steven Grego - CSP Corp Safety & Health Officer

2. Up-Dated Enforcement 1. Took effect on August 3, 2015
2. Full enforcement postponed until October 2, 2015
Temporary enforcement is NOT a stay
OSHA will not cite employers who are making a good-faith effort to comply
Good-Faith?
- Scheduling training for employees as required by the standard
Ordering necessary equipment
Taking alternative measures to educate and protect employees from confined space hazards

3. Useful References a. Under development
1. OSHA XX – Confined Spaces in Construction
a. Available on the OSHA.gov web site
2. ANSI A Confined Spaces for Construction
a. Under development
b. Latest comments/vote on most recent changes 6/19/15
3. OSHA – Permit Required Confined Spaces
a. Available on the OSHA.gov web site
4. ANSI Z117.1 – 2009 – Safety Requirements for Confined Spaces
a. Currently being revised
b. Possible release in 2015.

4. Overview 1926.1200 – [Reserved] 1926.1201 - Scope
Definitions
General Requirements
Permit Required Confined Space Program
Permitting Process
Entry Permit
Training
Duties of Authorized Entrants
Duties of Attendants
Duties of Entry Supervisors
Rescue and Emergency Services
Employee Participation
Provisions of documents to Secretary

5. Scope
(a) “Requirements for practices and procedures to protect employees engaged in construction activities at a worksite with one or more confined spaces”. . .
Exceptions
Subpart P - Excavations
Subpart S - Underground construction, caissons,
cofferdams and compressed air
Subpart Y - Diving
- Part 1915 Subpart B Shipyard Employment
- Part 1928 Agriculture

6. Definitions
49 definitions in the existing standard and 22 are new additions.
5 of particular interest include:
- Competent Person
- Qualified Person
- Host Employer
- Controlling Contractor
- Entry Employer

7. Definitions
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 is authorized to take prompt corrective measures to eliminate them.
QUALIFIED PERSON – Means one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.

8. Definitions
HOST EMPLOYER - The employer that owns or manages the property where the construction work is taking place
CONTROLLING CONTRACTOR – The employer that has overall responsibility for construction at the worksite
ENTRY EMPLOYER – Any employer who decides that an employee it directs will enter a permit space.
NOTE: 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.

9. General Requirements
1. Competent person ID’s all confined spaces and permit spaces.
2. Inform exposed employees of all spaces and ID spaces.
3. Entry control of unauthorized employees into spaces.
4. Written program for authorized entrants at the work site.
5. Alternate Procedures
6. Reclassification of space by a Competent person.
7. Communication and Coordination

10. General Requirements
1. Competent person ID’s all confined spaces and permit spaces
a. Each employer must ensure a competent person ID’s all confined spaces that their employees may enter.
b. Once ID’ed the employer who receives information on the space(s) must communicate to their employees by signage or “other equally effective means”
2. Entry Control / Written Program
a. Each employer who’s employees will not work in the noted spaces “must take effective measures” to prevent entry
b. If any employer decides that their employees will enter a permit space, that employer must have a written program at the construction site

11. General Requirements 1926.1203 1. Alternate Procedures
. . . demonstrate that all physical hazards in the space are eliminated or isolated through engineering controls. . .
b demonstrate that continuous forced air ventilation alone is sufficient to maintain the permit space safe for entry. . .
c Develop monitoring and inspection data that supports a. & b. above. . .
d If initial entry into the space is required the entry must be performed as noted in the standard. . .

12. General Requirements 1926.1203 1. Communication and Coordination NEW
Before entry operations begin the Host Employer must provide the following information, if it has it, to the Controlling Contractor:
a. Location of each known permit space;
b. The hazards or potential hazards in each space or the reason it is a Permit Space;
c. Any precautions that the Host employer or any previous Controlling Contractor or Entry Employer implemented for the protection of employees in the space

13. General Requirements
1. Communication and Coordination NEW Con’t
Before entry operations begin the Controlling Contractor must:
a. Provide the following information to each entity entering the permit space. . .
The information received from the Host employer
Any additional information the Controlling Contactor may have about the space. . .
The precautions the Host employer, Controlling Contractor, or other entry employers implemented for protection of employees. . .

14. Confined Space Program, Process & Permits
Permit Required
Confined Space Program, Process & Permits
& 1205
Program Development
If any employer decides that employees it directs will enter a permit space, that employer must have a written permit space program that complies with implemented at the construction site. . .
New Additions:
1. Inerting Space
2. Monitoring procedures if ventilation system fails
3. Communication equipment for attendants assessing entrants or multiple spaces
4. PPE and Lighting Equipment
5. Early warning systems for non-isolated engulfment hazards
6. Continuous Monitoring
7. Development and implementation of procedures for multi-employer entry

15. Confined Space Program, Process & Permits
Permit Required
Confined Space Program, Process & Permits
& 1205
Permitting Process
1. Before entry is authorized, each entry employer must document the completion of measures required by (c) of this standard by preparing an entry permit.
Entry Supervisor(s) must sign permit
Completed permit must be made available to all entrants at the time of entry
. . . Permit duration may not exceed the time required to complete the assigned task. . .
. . . Terminate entry when operations covered by the permit have been completed or
New
. . . A condition that is not allowed under the entry permit arises in or near the permit space and that condition is temporary in nature and does not change the configuration of the space or create any new hazards The space must then be fully reassessed.

16. Confined Space Program, Process & Permits
Permit Required
Confined Space Program, Process & Permits
& 1205
Entry Permit
Space to be entered
Purpose of entry
Date and duration of permit
List of ALL entrants
NEW - Means of detecting atmospheric hazards if the ventilation system stops working
Name of Attendant(s)
Name of Entry Supervisor(s)
Hazards of the permit space
Entry Permit
9. Means used to isolate, control, eliminate
hazards in space
10. Acceptable entry conditions
11. Pre-entry air sampling – names, date, time
12. Rescue Services and means of summoning
13. Communication procedures used by entrants and
attendants
14. Any and all equipment used to comply with this
standard (PPE, Testing Equip., Alarms)
15. NEW – Any additional permits authorized for work
within the space

17. Permit Required Confined Space
Training
Training requirements in both AND are identical except for these new additions to the standard:
NEW
And ensure that the employee possesses the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this standard. . .
Training 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. . .
And for those employees not authorized to perform entry rescues, in the dangers of attempting such rescues.
In both a language and vocabulary that the employee understands

18. Permit Required Confined Space
Duties of Entrants, Attendants & Supervisors
No changes from to the new

19. Permit Required Confined Space Rescue and Emergency Services 1926.1211
No significant changes to this section other than the following:
1. NEW – Selected Rescue Team Agrees to notify the employer immediately in the event that the rescue service becomes unavailable.
2. NEW – Practice rescue is not required where the affected employees properly performed a rescue operation during the last 12 months in the same permit space the authorized entrant will enter. . .
3. NEW – Non-entry rescue is required unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant.

20. Permit Required Confined Space Rescue and Emergency Services 1926.1211
Con’t
1. NEW - The employer must designate an entry rescue service whenever non-entry rescue is not selected.
2. NEW – Whenever non-entry rescue is selected:
a the Entry Employer must ensure that retrieval systems or methods are used whenever an authorized entrant enters a permit space, AND
b Must confirm, prior to entry, that emergency assistance would be available in the event that non-entry rescue fails.

21. Permit Required Confined Space Rescue and Emergency Services 1926.1211
Con’t
1. NEW – Equipment that is unsuitable for retrieval must not be used, including retrieval lines that have a probability of entanglement with retrieval lines used by other authorized entrants
2. NEW – Or retrieval lines that will not work due to the internal configuration of the permit space.

22. Comparison Document 1910. 146 vs 1926
Comparison Document vs XX and New Definitions and Requirements

23. Confined Spaces in Construction Subpart AA 1926.12XX
QUESTIONS ?
Steven Grego - CSP Corp Safety & Health Officer