Friday, December 18, 2015

Can my location be "grandfathered" ?



This past August 2015 the Occupational Safety & Health Administration has enacted a new rule regarding confined space hazards that finally incorporated the construction industry into the standards that the general industry had been following for so long. But, some aluminium plants under construction before August 2015 may believe that they are exempt or “grandfathered” or from this new standard. They are incorrect. OSHA nor any other safety government organization that the Aluminium Plant Safety Blog is aware of exempt companies from recently enacted safety laws. Almost all safety organizations will have a period of time (usually a few months) where fines will not be accessed for violation(s) of the new law. The APSB sent the OSHA a question about the recent confined space law (shown above). Here’s their answer

Thank you for your question to OSHA.   You can find the information you requested in the OSHA resource(s) listed below:

No, a construction site cannot be grandfathered. The new standard went into effect on August 3, 2015. A temporary enforcement policy was in effect for all employers covered by the standard through October 2, 2015.  OSHA further extended this temporary enforcement policy through January 8, 2016, only for employers engaged in residential construction work, under the terms outlined below:

Before January 8, 2016, OSHA 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), which provided:

All employees required to enter into confined or enclosed spaces shall be instructed as to the nature of the hazards involved, the necessary precautions to be taken, and in the use of protective and emergency equipment required. The employer shall comply with any specific regulations that apply to work in dangerous or potentially dangerous areas.

Employers who fail to train their employees consistent with either 29 CFR 1926.1207 or CFR 1926.21(b)(6)(i) would properly be cited for violation of-1926.1207. Factors OSHA will consider when evaluating whether an employer is engaged in good faith efforts to comply with the new standard 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, and

Whether the employer has engaged in any additional efforts to educate workers about confined space hazards and protect workers from those hazards.

The following links will provide some useful information to help you with compliance:







The Aluminium Times magazine has an article about the new confined space rules.




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