b'Garys CornerNew OSHA Concerns for Roofing Contractors in General Construction Confined Space StandardGary Auman (Continued from August MR Article )A s I reported in the last issue of MRcannot pass it off to someone else for yourcontractors will assume that their general OSHAs newest standard went intoconvenience. go to competent person will satisfy the effect on August3rd. OSHA didBack to confined spaceAfter allrequirement for a competent person.extend full enforcement until October 2nd,confined spaces have been identified on theThis may or may not be the case. As I but after that date, employers, except thosejobsite, it becomes necessary to determine ifhave stressed many times, the competent in residential construction,are expected toany of the confined spaces are permit spaces.person must have the necessary expertise be in complete compliance. Full enforcementIf you are the employer on a jobsite on whichin whatever are he/she is working with in has been extended until January 6, 2016 inpermit spaces have been identified, butorder to perform adequately in that role. In the residential construction industry. Thisyour employees have not been authorizedthe case of confined space the competent is a very broad standard and, in its presentto enter the permit space, you must takeperson will be expected to be able to identify form, it touches every employer in theeffective steps to prevent your employeesa confined space and also to distinguish construction industry.from entering that space. On the other hand,between a confined space and a permit As I discussed before, this new standardif you find that it will be necessary for yourconfined space.makes incumbent upon each constructionemployees to enter a permit space, you mustTo identify the confined space the industry employer to have a competenthave a permit space program that compliescompetent person must understand the person on each job site to identify anywith the requirements of 1926.1204.three components of a confines spacenot confined spaces on the job site, determineYou may be reading this article anddesigned for continuous occupancy, big if they are permit spaces and determinethinking to yourself that this standard doesenough to enter and difficult to exit. On if there will be any employee exposure tonot apply to you. It is not too difficult for athe last point the competent person should the confined space. The employer or theconfined space, such as an attic or similarunderstand the factors the can establish competent person must also advise thearea, to become a permit space. For example,a difficulty to exit. These include trip controlling employer on the site of anyone of the conditions that can transfer ahazards, poor illumination, slippery identified confined spaces.confined space to a permit space is any safetyfloors, inclined surfaces, hatches, small So what do you do as a constructionor health hazard. This could be something asdoors obstacles such as pipes, conduits contractor to avoid running afoul of thissimple as high heat and humidity. So, if foror equipment, and other factors. To be new standard? As I have said, first you mustsome reason you are going to have to haveconsidered competent to distinguish between establish if there are any confined spacesemployees work in an area that meets thea non-permit and permit confined space the on your jobsite. This determination mustdefinition of a confined space and it is goingcompetent person must at least be familiar be made by a confined space competentto have a high heat index, it could very wellwith the kinds of hazards that can lead to a person. Understand that the definition ofbecome a permit space. When this occurspermit-required confined space. There are a competent person for the confined spaceyou have a few choices: First you can delayfour of these and they include: potential standard is the same as the definition inwork until the hazardous condition abates.engulfment hazards; contains or has the 29 CFR Section 1926.20(b)(2), but in thisSecond you can try to reconfigure the spacepotential to contain a hazardous, flammable case the persons expertise must be in theso that it no longer meets the definition ofor toxic atmosphere; has an internal details of confined spaces. The standarda permit confined space. Third, you canconfigurationso that an entrant could be also defines host employer as well ascomply with the requirements for entry intotrapped or asphyxiated; and or contains controlling contractor. The host employera permit space. other recognized safety or health hazard. owns or manages the property while theThis last hazard includes the potential for a controlling contractor is the one with overallThe requirements include completinghigh heat index environment.responsibility for construction on thethe necessary permit for entry into theWhile as a roofing contractor your worksite. The standard is very clear thatspace; developing a permit space program;employees are unlikely to encounter a each of these must have a competent personassigning an attendant to monitor theconfined space, much less a permit confined on the worksite. entrance to the confined space and to carryspace, your competent person must do his/out all of the responsibilities of a permither audit of the site before work begins to I have been asked by many contractors,space attendant; assign a supervisor for theidentify all confined spaces and whether any in a general context, can I rely on theconfined space; and arranging for rescueof your employees may become exposed to determinations of another contractorsprotocols to be in place before any employeesthem. The competent person must also be competent person on my jobsite? Theenter the space. This is only a brief outlineknowledgeable enough to take all necessary responsibility is each individual employers.of the steps that must be taken for entry intomeasures to protect any employees who find If you rely on the determination by anothera permit space, but they will give some ideait necessary to enter any confined space, employers competent person and it turnsof the employers obligations if it is to haveespecially a permit confined space. The new out to be faulty, you are going to draw thesomeone enter a permit space. There areOSHA standard sets out the requirements for citation, not the other employer. You shouldalternate procedures for entry into a permitpermit confined space guarding entry and be aware of this in any situation under OSHAspace which are found at 1926.1203(e), butrescue procedures.in which you have the requirement to takethey also require the employer to takes steps some action or to make a decision and youto ensure compliance.Take advantage of a great MRCA member do not want to go to the trouble of makingI believe that the point on which mostbenefit-complimentary legal advice on the underlying determination yourself andcontractors will err is with regards to theOSHA-related issues from MRCA Legal decide instead to rely on the determinationtraining of their competent person. MyCounsel Gary Auman. Contact Gary at of another company or individual. If theestimate, based on many years in working standard lays the responsibility on you, youwith OSHA issues, is that at least half of theGWA@dmfdayton.com.30 www.mrca.orgMidwest Roofer'