What is the status of changes to the Cal/OSHA regulation for construction in confined spaces?
A hearing has been held on proposed revisions, but the draft rewrite isn’t final yet.
The Occupational Safety and Health Standards Board (OSHSB) presented revisions to the confined space orders for construction for public comment on November 21, 2024.
Long Process
The rulemaking process began back on November 19, 2015, when the OSHSB adopted the Federal Confined Spaces in Construction standard (Subpart AA) as Construction Safety Orders (CSO), sections 1950–1962 Confined Spaces in Construction.
During the rulemaking, stakeholders and board members raised concerns about the concurrent applicability of General Industry Safety Order (GISO) Section 5158, Other Confined Space Operations, which is made applicable to the construction operations through GISO Section 5156(b)(2)(A).
In response to these concerns, on September 6, 2017, an advisory committee was convened to address the concerns of Cal/OSHA, the OSHSB and the stakeholders. The other confined space operations requirement has been removed from the GISO. Where there was a relevant requirement within the GISO pertaining to the construction confined space orders, those items have been transferred into Article 37 of the construction safety orders with revisions and modifications to align them more with the circumstances and conditions within the construction industry.
Definition Changes
The advisory committee chose to modify several of the definitions, including the terms for “entry employer,” “lockout,” “minimum explosive concentration” and “tagout.”
The regulations are specific that the permit-required confined space program be written, understandable and be clearly communicated to affected employees and parties. Confined spaces are to be identified with signs posted and safeguards in place. When situations warrant, a permit-required space may be reclassified so the permit no longer is required.
Also, an entry permit is required for/during all permit space entries and must document all relevant information that may occur or is noted within the space.
A new Section 1960(a) now requires that an entry employer is to ensure “rescue services” at the site are trained, immediately available, and equipped to respond to emergencies that may affect employees who may enter the permit space.
Although the committee basically transferred to the construction orders the material from Section 5158 of the GISO, it made substantial editorial revisions and clarifications.
Draft Regulation
For a better insight into the proposed rewrite, go to www.dir.ca.gov/OSHSB/Confined-Spaces-in-Construction.html and click on proposed regulation.
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
