b'Garys CornerNew OSHA Concerns for Roofing Contractors in General Construction Confined Space StandardGary AumanT his standard has been in the works for several years.having one or more of the following:The standard was finally published as a final rule on1.Contains or has a potential to contain a hazardous May 4, 2015 with an effective date of August 3, 2015. substance.Recently OSHA issued a stay of enforcement until October2.Contains material that has the potential for engulfing an 2, 2015. During this period OSHA will not issue citations toentrantemployers making a good faith effort to comply with the new3.Has an internal configuration such that an entrant could be standard as long as the employer is in compliance with thetrapped or asphyxiated by inwardly converging walls; ortraining requirements for a competent person under Section4.Contains any other recognized safety or health hazard.1926.21(b)(6)(i) or those found in Section 1926.1207. During thisIf identified, a permit space requires the employer to:60-day period employers not in compliance with either of these1.Inform exposed employees by posting danger signs or by standards may be cited for a violation of Section 1926.1207(a). any other equally effective means; andWhile this rule is being touted as very similar to the General2.Inform, in a timely manner and in a manner other than Industry Confined Space Standard, it does contain someposting it, employees authorized representatives and the nuances that are unique to it and to the construction industry.controlling contractor of the existence and location of, and Your first question is probablyI am a roofing contractor;the danger posed by, each permit space; why should I need to know anything about confined space?In your permit-required confined space program each entry Well, the first thing we need to look at is the definition ofemployer must implement any means necessary to prevent confined space. The standard defines a confined space as anyunauthorized entry; identify and evaluate the hazards of space which is either: permit spaces before employees enter them; and develop and 1.Large enough and so configured that an employee canimplement the means, practices and procedures necessary for bodily enter it;safe entry operations. 2.Has limited or restricted means for entry and exit; and There is much more detail set out to comply with this 3.Is not designed for continuous occupancy. standard, but the preceding is intended to give you an idea of your initial obligations. The standard goes into some detail in As you can see, even though you are a roofing contractoreverything from specific procedures for pre-entry testing and you may have employees encounter a confined space duringsafety to specific minimum requirements of rescue operations. their normal work activities if they are required to enter atticBecause of space limitations I will stop here and promise more areas or any other area that meets the definition stated above.information and specifics in a future article.So, since this possibility exists what obligations do you have asNew Hazard Communications Standard in effect as of June the employer? This standard has quite a bit of detail, but I am1, 2015if you have not done so already now is the time to planning to stick to the basics because we are operating withcomplete your implementation of your companys new hazard limited space.communications program to bring you into compliance The first basic requirement can be found in Sectionwith the new Global Harmonization Standard. This means 1926.1203(a) of the new standard. This section requires Beforeyou should have implemented the new safety data sheets; it begins work at a worksite, each employer must ensure that acompleted training your employees on how to read them in the competent person identifies all confined spaces in which onenew format; and completed training your employees on how to or more of the employees it directs may work, and identifiesread the new labels with pictograms. each space that is a permit space, through consideration andOSHA is Taking What You Say to a Compliance Officer evaluation of the elements of that space, including testingSeriouslyI remind audiences every time I speak to a group to as necessary. I have highlighted the critical language in thisNEVER LIE TO AN OSHA COMPLIANCE OFFICER. I know most section to emphasize the responsibility on every employer.are tired of hearing me say it and are thinking I would never do Some feel that the controlling has the responsibility to make thesomething so stupid. And then there is the employer who tells a determinations regarding confined space and permit confinedlittle white lie the first time and then, to be consistent repeats it space, but I think the language of this section is clear.several times. This is not a good idea as a roofing contractor in Pennsylvania has just found out. This contractor has just been In light of the above, you as a contractor should have aindicted by a federal grand jury on five counts of obstruction of competent person for confined space on each job site. On eachjustice. If convicted he faces up to 25 years in federal prison and jobsite that individual should consider locations in whicha $1.5 Million fine.NUFF SAIDyour employees may find themselves. To the extent he/sheUntil the next time STAY SAFE!determines that a permit confined space may be entered by any employee all of the steps that are required to be taken forTake advantage of a great MRCA member benefit-complimentary permit confined spaces need to be implemented. legal advice on OSHA-related issues from MRCA Legal Counsel A permit confined space is defined in section 1926.1202 asGary Auman. Contact Gary at GWA@dmfdayton.com.26 www.mrca.orgMidwest Roofer'