OSHA Delays Enforcement of Confined Spaces in Construction Rule

The Occupational Safety and Health Administration (OSHA) has said that it will not fully enforce laws pertaining to its confined spaces in the construction rule.

This doesn't necessarily mean that construction employers are off the hook from complying with OSHA's rule, but rather they are being given an extra 60 day from the rule's effective date of August 3, 2015 to comply.

According to the U.S. Department of Labor (USDOL), Bureau of Labor Statistics (BLS) Census of Fatal Occupational Injuries (CFOI) program, there are roughly 92 fatalities per year attributed to working in confined spaces. When workers are restricted to confined spaces, there's a greater risk of asphyxiation, inhalation of toxic fumes, collapse and musculoskeletal disorders (MSDs). This has prompted OSHA to revise its current standard on confined spaces in the construction industry, closely mirroring it after a similar standard used for manufacturing workers.

This begs the question, though: why is OSHA extending its date of compliance for the confined spaces rule? According to a memorandum, this move was done in part because construction employers had requested it. This doesn't mean that OSHA is scrapping its effective date for the new standard, but rather it's pushing back the date on which it will enforce the new standard from August 3, 2015 to October 2, 2015.

"Requests for an extension of the effective date have indicated a need for additional time for training and the acquisition of equipment necessary to comply with the new standard," wrote OSHA in its policy memorandum. "OSHA will not delay the effective date, but instead will postpone full enforcement of the new standard for 60 days from the effective date of August 3, 2015 to October 2, 2015."

From October 2 onward, OSHA will enforce its rule on confined spaces in the construction industry. The new rules includes requirements that construction employers must share safety information while also monitoring for potential hazards using up-to-date technological resources. When OSHA had originally created the rule, it did not include information pertaining to technological resources, but the times are changing, and OSHA believes the use of such tools can prevent worker injuries and save lives.