TOSHA Extends Confined Space Enforcement Date for Construction Work

NASHVILLE – The Tennessee Occupational Safety and Health Administration (TOSHA) is extending the enforcement policy of its Confined Spaces in Construction standard that went into effect on August 3, 2015. TOSHA is allowing employers engaged in residential construction work up until March 8, 2016 to comply with the new standard.

TOSHA will not issue citations under the Confined Spaces in Construction standard to an employer engaged in residential construction work if the employer is making good faith efforts to comply with the standard. As long as the employer is in compliance with either the training requirements of the standard, found at 29 CFR 1926.1207, or the former training requirements found at 29 CFR 1926.21 (b) (6) (i).

 “We want to allow employers enough time to make the necessary changes,” said Steve Hawkins, TOSHA Administrator. “Extending this deadline will allow employers more time to fully comply.”

Factors that indicate employers are making good faith efforts to comply include:

• If the employer has not trained its employees as required under the new standard, whether the employer has scheduled such training.
• 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.
• Whether the employer has engaged in any additional efforts to educate workers about confined space hazards and protect workers from those hazards.

The Confined Spaces in Construction final 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.

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

For more information please contact TOSHA at 615-741-2793.

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