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OSHA issues clarification on Confined Spaces in Construction Standard

The Occupational Safety and Health Administration issued its final standard on confined spaces last year, and the regulation became effective Aug. 3, 2015. However, as the standard was extended to include the construction industry, some lingering confusion remained, leading OSHA to issue additional guidance.

In a memorandum released last month, OSHA provided clarification on the application of 29 CFR 1926 Subpart AA, the part of the confined spaces standard that relates to residential construction work. The document provides more information on employer obligations to upholding the standard, including the following:

  • Clarification on the scope of the standard
  • How the standard applies to attics, crawl spaces, basements and other potential confined space or permit-required confined space exposures
  • Multi-employer communication requirements
  • General information on the applicability of the rule

To be considered a confined space and covered by the Confined Spaces in Construction Standard, the area must be large enough for an employee to enter, have limited or restricted entry and exit, and not be designed for continuous employee occupancy. Additionally, some confined spaces are permit-required and entrance to these areas must be restricted. An area becomes a permit-required confined space if it meets all the definitions of a confined space and contains, or has the potential to contain:

  • A hazardous atmosphere
  • A material that could engulf an entrant
  • An internal configuration that would trap or asphyxiate a worker, such as inwardly converging walls or a floor that slopes and tapers to a smaller cross-section
  • Any other recognized serious safety or health hazard

The OSHA memo noted that the majority of the requirements laid out in the new confined spaces standard only apply to permit-required confined spaces. For most residential construction sites, typical confined spaces, such as attics, basements and crawl spaces, would not contain the hazards covered by permit-required entry.

"Employers must have a competent person evaluate the confined space to determine if a permit is required."

That said, employers are responsible for having a competent person evaluate the confined space to determine if a permit is required. A competent person is defined by OSHA as someone who is capable of identifying existing and predictable hazards and has the authority to address them. If the competent person determines that the confined space does not require a permit, the employer has the remaining obligation to have a competent person reevaluate the space if conditions at the worksite change and reclassify the space as a permit-required if applicable.

OSHA noted that the presence of electrical equipment or limited lighting would not automatically create hazards that would require a permit for the space. However, if a worker is exposed to significant electrical equipment, such as a live conductor, or any factors restrict the employee's ability to exit the space without assistance, a permit may be required. OSHA did point out that the competent person must evaluate the space for all serious safety and health hazards, including noise. While there is no specific threshold noise level that constitutes a physical hazard, the noise level must not be so high that it impedes a worker's ability to safely exit the space alone. 

Construction-specific guidelines
As Lexology noted in its analysis of the new Confined Spaces in Construction Standard, much of the guidelines are similar to those for general industry. However, there are some obligations specific to construction employers. For one, the requirement to have the worksite evaluated by a competent person is unique to the construction standard.

For construction sites with permit-required confined spaces, there are also additional guidelines unique to the construction standard. These include the following:

  • Formally establishing the path of entry and exit, plus ventilation methods for the space
  • Providing any safety equipment required by the permit before workers enter the space
  • Eliminating or controlling all potential hazards in the space
  • Having the air within the space tested for oxygen levels, flammable and toxic substances and stratified atmospheres before workers enter
  • Creating formalized rescue procedures

Continuous atmospheric monitoring for permit-required confined spaces is also required under the construction standard unless the employer can show that the necessary equipment is not commercially available or that periodic monitoring is sufficient for worker safety. This is a more rigorous requirement than that of the general industry standard where continuous monitoring is encouraged, but not required.

"The standard contains training requirements that are unique to construction."

The standard also contains training requirements for confined spaces that are unique to construction, including that employers will have to maintain records to show this training has occurred. Employers must notify all employees of the hazards present in the confined spaces, even if a permit is not required for entry. Employers are responsible for ensuring all workers understand the hazards and are trained on how to safely perform their tasks, which may include how to handle hazardous materials in a permit-required confined space. Employees who are not authorized to enter permit-required spaces should also be notified of any dangers involved in attempting a rescue of other workers in the event of an emergency.

Lexology further noted that the construction standard has deliberate and substantial overlap in the duties and responsibilities for three different types of employers – entry employer, host employer and controlling contractor. This was done to reflect the dynamic nature of construction sites which are often populated by workers from different staffing sources.

An entry employer is classified as one that directs employees to enter a permit-required confined space. The host employer is the employer that owns or manages the property where the construction work is taking place, while the controlling contractor is the employer who has overall responsibility for construction at the worksite. If the controlling contractor owns or manages the property, this person or company may also be considered the host employer.

The responsibilities for each type of employer are laid out in the Confined Spaces in Construction Standard. 

OSHA likely to finalize slips, trips and falls rule in August

The Occupational Safety and Health Administration is expected to release its finalized rule on slips, trips and falls in August, and with it may come big changes for several sectors.

As Safety + Health magazine reported, OSHA announced its intention to publish the rule on its spring regulatory agenda, which was released May 18. OSHA first released a Notice of Proposed Rulemaking (NPRM) for slips, trips, and fall prevention in 1990, though in 2003 it was decided this proposed rule was out of date.

"Since that time, new technologies and procedures have become available to protect employees from these hazards," OSHA said of its decision to reopen the proposed rule."The Agency has been working to update these rules to reflect current technology."

OSHA again announced a NPRM on slips, falls and trips in 2010 and held hearings for the proposed rule in January 2011. 

"OSHA intends to finalize the rule before President Obama completes his term."

Though OSHA has missed publication deadlines for finalized rules in the past, Safety + Health noted, the slip, trips and fall prevention rule is being prioritized. The agency has previously stated its intention to finalize "Walking Working Surfaces and Personal Fall Protection Systems" before President Barack Obama completes his term.

Speaking with Safety + Health last October, Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, said the changes outlined will have a "big impact" on general industry. Part of the rule will likely involve changes to how employers maintain records of work-related injuries and illnesses related to slips, trips and falls and clarification on how long employers will need to keep record of individual incidents.

The importance of slip, trip and fall prevention
OSHA has stated that slips, trips, and falls are among the leading causes of work-related injuries and fatalities. The agency further noted that around 15 percent of all accidental deaths are related to these incidents, which are second only to motor vehicles as a leading cause of workplace fatalities.

In advance of the finalized OSHA rule, employers can consult several existing OSHA regulations to address hazards in their worksites related to walking or working surfaces. General industry, shipyard employment, marine terminals, longshoring and the construction industry all have standards they must follow relating to slips, trips and falls. These include standards for ladder usage, walking surfaces, staircases, scaffolding, staging and deck openings and edges.

Items or substances on walking surfaces can contribute to slips, trips and falls. OSHA has noted that these hazards can often be related to the following:

  • Ice
  • Wet spots
  • Grease
  • Polished floors
  • Loose flooring or carpeting
  • Uneven walking surfaces
  • Clutter
  • Electrical cords

Employers are encouraged to train workers to prevent these accidents through safety awareness programs that emphasize hazard identification, avoidance and control. 

Additional emphasis for construction worksites​
For the construction industry in particular, preventing these types of accidents is especially critical as one of every five workplace fatalities is a construction worker. Falls are the leading cause of fatalities for this sector and OSHA found that an average of 362 fatal falls occurred each year from 1995 to 1999. At construction worksites, most accidents are caused by unprotected sides, wall openings and floor holes; improper scaffold construction; unguarded protruding steel rebars and misuse of portable ladders.

"Falls are the leading cause of fatalities for the construction industry."

OSHA requires all employees working at heights of six feet or greater be protected by guardrail systems, safety net systems, personal fall arrest systems or a combination of these. Floor holes should also be covered or guarded. For scaffolding protection, OSHA requires employers to build scaffolding according to the manufacturer's instructions and install guardrail systems along all open sides and ends of platforms.

Protruding steel reinforcing bars can be especially dangerous at construction sites as workers who stumbled into these materials can be impaled or otherwise seriously hurt. All protruding ends of steel rebar must be covered with rebar caps or wooden troughs, or bent so that exposed ends are no longer upright. All employees working above exposed rebar, must be provided with fall protection or fall prevention gear.

For ladder safety, workers should be trained to position portable ladders so that side rails extend at least three feet above the landing and are secured at the top to a rigid support. If this extension is not possible, grab devices should be used. Ladders should always be inspected before use for cracked or broken parts, including rungs, steps, side rails, feet and locking components. Ladders will include recommended weight limits, and workers should not apply more weight to the ladder than it is designed to support. All ladders used at job sites must comply with OSHA design specifications. 

Employers should be aware that OSHA standards apply to all contractors who enter into contracts for construction, alteration or repair at the worksite. Additionally, all subcontractors who agree to perform part of the labor in that contract must also follow OSHA standards. Finally, any suppliers furnishing supplies or materials must also follow OSHA rules if working on or near the construction site or fabricating goods or materials specifically for the project.

Additional training and safety guidelines for preventing slips, trips and falls is available through OSHA's website. The agency also recently held its National Fall Prevention Stand-Down campaign, which offered key information about preventing falls, trips and slips in private construction. The online toolbox from the Stand-Down event is still available for employers who would like additional guidance when reviewing fall safety with their workers. OSHA noted that the program has been utilized by commercial construction companies, as well as residential construction contractors, sub- and independent contractors, general industry employers, trade associations, unions and many more groups.

Trench safety crucial for preventing construction injuries

The U.S. Occupational Safety and Health Administration is launching an investigation that underscores the importance of trench and excavation safety in the construction sector.

OSHA is investigating a Boise, Idaho, construction firm after two workers were fatally injured following a trench collapse. Speaking with NBC affiliate KTVB, OSHA Area Director David Kearns said nearly all injuries caused from trench collapse are preventable.

"Generally if a trench caves in then there was probably something that was missed as far as protecting workers," Kearns told the television station. Kearns added that many times, injuries or fatalities result from haste or an underestimation of the hazards presented by this kind of work.

"OSHA inspections uncover many violations of excavation safety that put workers at risk."

Unfortunately, OSHA inspections uncover many violations of excavation safety that put workers at risk. An analysis of OSHA inspection data by the Pittsburgh Post-Gazette found that seven out of 10 inspections of excavation companies in just Southwestern Pennsylvania uncovered violations. Many of these companies were routinely neglecting OSHA requirements for trenches and many times failed to correct the violations after the first citation. The newspaper found 311 violations were issued in the region from January 2008 to April 2016, for a total of at least $706,000 in penalties.

However, violations of trench safety are not limited to Pennsylvania. As Safety + Health magazine reported, an average of 35 workers died each year from 2000 to 2009 due to trenching or excavation cave-ins.

Standards relating to trenches and excavations
OSHA has three main standards that specifically relate to trenches and excavations in the construction sector:

  • 1926 Subpart P, Excavations
  • 1926.800, Underground construction
  • 1926.956, Underground lines

Additionally, there are general industry and state-specific standards employers should consult to keep their worksites in compliance. Though OSHA defines trenches and excavations differently, OSHA's standards apply to all open excavations, including trenches, regardless of size. OSHA considers excavating to be one of the most hazardous construction operations, which is why the organization provides numerous training materials to make its regulations easier for employers to understand.

In its safety training documents, OSHA noted that one of the greatest risks construction workers face in this type of work is cave-ins. Cave-ins are more likely to result in worker fatalities than any other excavation-related incidents due to the weight of a cubic yard of soil, which can be as much as a car. Falling loads, hazardous atmospheres and mobile equipment can all contribute to the likelihood of a cave-in.

Key components of OSHA's trench and excavation safety are designating a competent person, utilizing pre-planning and creating protective systems.

The role of the competent person
OSHA defines a competent person as an individual, designated by the employer, who is trained to recognize both existing and potential hazards at the worksite. This person must also have the authority to quickly enact corrective measures to eliminate these risks.

For excavation safety, the competent person must take on several tasks, including the following:

  • Classifying soil
  • Inspecting protective systems
  • Designing structural ramps
  • Monitoring water removal equipment
  • Conducting site inspections

"Soil classification is particularly important to excavations and trenches."

Soil classification is particularly important to excavations and trenches as it helps to predict the stability of the worksite. Soil stability can be affected by the type of soil and how much water it contains, as well as external factors such as any previous back-filled excavations or vibrations from heavy equipment and tools being used nearby. The competent person should be able to classify the soil by type and recognize any external risk factors.

Preplanning
Employers are advised to learn as much information about a jobsite as possible in order to make effective pre-planning safety strategies. This may be done through on-site studies, test borings, consultation with local officials or utility providers or observation. OSHA has noted that there are several factors employers should evaluate in their pre-planning, including:

  • Traffic
  • Proximity and physical condition of nearby structures
  • Soil classification
  • Surface and groundwater
  • Location of the water table
  • Overhead and underground utilities
  • Weather

It is especially important to know the locations of sewer, telephone, fuel, electric and water lines. Employers can call 811, the "Call Before You Dig" service provided by Common Ground Alliance, for confirmation on the locations of utility lines. Utility companies should also be consulted directly whenever possible to ensure the lines are properly insulated before digging begins.

Protective systems
The protective systems employers can build at worksites should be determined by the specific conditions and potential hazards at the location. Generally speaking, these systems are used to prevent cave-ins through sloping, benching and supporting the sides of the excavation or placing a shield or trench box between the sides and the work area.

Any trench that is more than five feet deep and not built entirely in stable rock requires a protective system under OSHA standards. Additionally, the competent person should inspect the protective system, as well as adjacent areas, before workers enter the site, as well as throughout the shift and after a rainstorm.

Workers should also be trained on how to recognize signs of a potential cave-in. Employers should consult OSHA standards for full guidance on support systems, such as shoring, bracing, or underpinning, that will keep adjacent structures stable during the excavation.

In addition to reviewing OSHA's training materials, employers can work with qualified safety consultants to ensure the structural integrity of protective systems and other worksite safety measures covered by general OSHA safety recommendations and standards.

New legislation would ‘cement’ OSHA’s Voluntary Protection Programs

Two U.S. senators have introduced bipartisan legislation that would establish the permanent continuance of the Voluntary Protection Programs created by the Occupational Safety and Health Administration.

The Voluntary Protection Program Act, introduced by Sen. Michael Bennet, D-CO., and Sen. Mike Enzi, R-WY., is intended to strengthen participation in the health and safety programs by both public and private employers. In a statement, Enzi noted that Congressional action to "cement" the VPP will ensure its continued existence. Under the legislation, Congress would not be able to withdraw funding for the VPP at a later time.

"More than 2,200 worksites have participated in VPP since the program was established in 1982."

"As a former small business owner, I understand both the importance of maintaining a safe workplace as well as the burdens that can be imposed by federal regulations," Enzi said. "The Voluntary Protection Program has encouraged a culture of health and safety in the workplace that is great for workers along with saving the government and private sector hundreds of millions of dollars by avoiding injuries and illness."

VPP improves worksite safety
According to OSHA, the VPP is designed to recognize worksites in both private industry and federal agencies that have successfully implemented a health and safety management program that has reduced injury and illness rates. Employers are recognized under the VPP if their injuries and illnesses fall below the national Bureau of Labor Statistics averages for their industries.

VPP creates a framework under which management and labor work with OSHA to improve hazard prevention and control, training, managerial commitment to safety and worker participation. To participate in VPP, employers apply to OSHA and then submit to an onsite evaluation and hazard analysis. The program also requires participants to be re-evaluated every three to five years and to obtain union support if workers are represented by a bargaining unit.

As Safety + Health magazine reported, more than 2,200 worksites have participated in VPP since the program was established in 1982. The legislation will go to the Senate's Health, Education, Labor and Pensions Committee before receiving full Senate consideration. Similar legislation was introduced to the House of Representatives in May 2015.

In a statement, Bennet said the continuation of the VPP will protect the safety of workers in his home state of Colorado, as well as in the rest of the country.

"VPP is a proven model that encourages labor and management to work together to improve the safety of their work environments. Our bill ensures that OSHA can continue to use this successful and cost-effective program to ensure the health and safety of Colorado workers."

Fatal injuries in US workplaces reach highest levels seen in years

A report from the U.S. Bureau of Labor Statistics found the number of workplace fatalities in the United States increased in 2014 to the highest levels since in six years.

According to the latest Census of Fatal Occupational Injuries, the total number of fatal work injuries in the U.S. in 2014 was 4,821, more than was estimated in the preliminary count released in September 2015. This is also the highest annual total since seen 2008.

The overall fatal work injury rate in 2014 was 3.4 fatal injuries per 100,000 full-time equivalent workers, a slight uptick from the 3.3 injury rate reported in the 2013 census. This is the first time the overall rate has increased since 2010.

"Several industries had the highest number of fatal work injuries seen in several years."

The census, which has been updated since its preliminary report released last year, showed several industries having the highest number of fatal work injuries seen in several years. The private construction industry had a total of 899 fatal work injuries in 2014, the highest numbers seen since 2008. Private mining, quarrying, and oil and gas extraction reported 183 fatalities, the largest amount since 2007. Oil and gas extraction industries alone saw 144 deaths, the most ever recorded in a single year.

Additionally, the census showed a sharp increase in the number of fatal injuries for workers age 55 and over. This age group accounted for 1,691 fatal injuries, the largest number ever recorded for this demographic. The number of fatal falls, slips and trips was also significant, accounting for 818 cases.

Employers aiming to increase workplace safety and reduce the number of accidents can take advantage of awareness campaigns offered by federal safety organizations.

How to factor aging into a safe workplace
The BLS has estimated that one in every five American workers is over age 65, and by 2020, one in every four workers will be over 55. As the demographics of the U.S. workplace shift, the Centers for Disease Control and Prevention cautioned it will become critical for employers to factor aging into workplace safety to prevent injuries from occurring among this group.

The CDC offers several resources for employers through its Productive Aging program. The campaign provides guidelines on how to help workers to function optimally at all ages, thus reducing injuries and sick days and increasing productivity and safety.

CDC recommendations center around four basic areas:

  • Working conditions, defined as the industrial hygiene and safety of the facility.
  • Employee health, which may include preventive screenings and wellness programs.
  • Professional skills, including ongoing job-related training and skill development.
  • Psychosocial factors, which relates to the social support and culture of the workplace, including flexibility in scheduling or paid leave.

Employers should conduct an organizational assessment for each of these areas, the CDC advised. Programs can then be implemented to prevent injuries by incorporating flexibility and management of these key areas into the workplace culture. The CDC noted that occupational safety and health programs, while existing in most work places, are often compartmentalized or functioned independently from one another. Integrating the programs throughout the workplace and increasing coordination between them will reduce the risks older employees face. 

Preventing falls in construction
Employers evaluating and reducing risks associated with slips, trips and falls can access timely resources from the Occupational Safety and Health Administration. OSHA will hold its National Fall Prevention Stand-Down campaign from May 2-6, which will offer key information about preventing falls, trips and slips in private construction. As the Census of Fatal Occupational Injuries underscored, fatalities caused by falls from elevation continue to be a leading cause of death for construction workers.

"The National Fall Prevention Stand-Down campaign offers resources to prevent fall fatalities."

The program is open to any workplace that wishes to participate, but often includes commercial construction companies, as well as residential construction contractors, sub- and independent contractors, general industry employers, trade associations, unions and many more groups.

OSHA offers an online toolbox employers can access to use at their own Stand-Down event, where they can review the importance of fall prevention with workers. Other activities held during a Stand-Down may include conducting safety equipment inspections, developing rescue plans or discussing job specific hazards. Worksites that participate in the event will be able to download and display a certificate of participation signed by Labor Secretary Thomas E. Perez. 

OSHA investigation shows critical importance of combustible dust safety

The Occupational Safety and Health Administration has issued more than $145,000 in possible fines against a Georgia auto parts manufacturer after a maintenance technician was severely burned in a flash fire.

"OSHA reiterated employers' responsibility to keep workers safe from combustible dust hazards."

The worker was operating a dust collector when an explosion occurred, which resulted in third-degree burns to his upper body. Following an investigation by the U.S. Department of Labor, OSHA issued the Georgia company one willful, 18 serious and one other-than-serious safety and health violations. The company had already received previous citations for failure to properly maintain its dust collection system.

"Out of sight, out of mind is not an acceptable strategy for fixing workplace hazards," William Fulcher, director of OSHA's Atlanta-East Area office, said in a statement. "This mindset is dangerous, irresponsible and must be changed immediately."

The agency issued citations relating to exposing workers to unguarded machinery and failing to address the hazards related to combustible dust. The employer also failed to:

  • Review the performance of powered industrial truck operators at least once every three years.
  • Train workers on preventing machinery from starting up during maintenance and servicing and inspect performance.
  • Provide a workplace free from recognized hazards.
  • Train workers to recognize the hazards of combustible dust.
  • Conduct annual hearing test for workers exposed to high noise levels.

In its statement regarding the incident, OSHA reiterated employers' responsibility to keep workers safe from hazards and prevent combustible dust fires and explosions from occurring.

OSHA guidelines on combustible dust hazards
According to OSHA, combustible dust hazards can be found across many different industries and can be related to materials including:

  • Metals such as aluminum and magnesium
  • Wood
  • Coal and other carbon-based materials
  • Plastic dust and additives
  • Biosolids
  • Organic materials including sugar, flour, paper, soap, and dried blood
  • Certain textiles

As Safety + Health Magazine noted, despite urging from the Chemical Safety Board, OSHA does not currently have a general industry combustible dust standard. However, there are several standards that relate to aspects of combustible dust hazards and require compliance from all employers. These include standards governing:

  • Walking-working surfaces
  • Exit routes, emergency action plans and fire prevention plans
  • Occupational health and environmental control
  • General environmental controls
  • Permit-required confined spaces
  • Fire protection
  • Materials handling and storage
  • Electrical
  • Toxic and hazardous substances

Furthermore, 25 states, Puerto Rico and the U.S. Virgin Islands also have OSHA-approved local guidelines and standards relating to combustible dust, which employers should follow when applicable.

OSHA's combustible dust safety program
Through its Combustible Dust National Emphasis Program, initiated in 2008, OSHA outlines its policies and procedures for inspecting workplaces that create or handle combustible dusts and may be at risk for deflagration or explosion. During an inspection, OSHA investigators will gather information about the employer's efforts to abate the combustible dust hazard by looking at areas of the facility including dust collectors, ductwork, associated equipment and containers, such as mixers or storage bins.

OSHA has also advised employers to implement explosion prevention and mitigation controls. These may include:

  • Isolating dust-generating processes
  • Building damage-limiting construction
  • Implementing explosion venting for dust-processing areas
  • Installing explosion suppression equipment

Dust collection equipment should also be used regularly. Additionally, possible sources of ignition, such as welding, fork truck traffic, should be kept away from combustible dust.

Employers are also required to keep their facilities in compliance with ventilation standards and housekeeping standards that govern their industry. Employees must also be outfitted in personal protective equipment, including protective, flame-resistant clothing when necessary to ensure safety.

Additional resources
For additional guidance, Safety + Health magazine noted that employers can consult the National Fire Protection Association's combustible dust standard, NFPA 652, which was released in September 2015. The voluntary standard outlines general requirements for combustible dust hazard control. It also includes guidelines for five industry- or commodity-specific standards, including those governing combustible metals and particulate solids, as well as fires and explosions relating to sulfur and wood processing.

"Employers may also consult the National Fire Protection Association's combustible dust standard."

As the magazine reported, an OSHA standard on combustible dust may still occur in the future, as both the CSB and the NFPA are pushing for this regulation.

"We continue to try to work with them to press upon the importance of adhering to our recommendations and making sure they update their Hazard Communication Standard to make it more clear what dust explosion hazards are, putting out guidance documents and making sure they're blanketing broader industry coverage because it does affect a broad variety of industries," CSB Chairman Vanessa Sutherland told Safety + Health.

In the meantime, the CSB has urged employers to review their safety materials, adopt NFPA standards and increase worker attention to training and facility housekeeping through video training and awareness programs.  

5 changes to OSHA’s confined space regulations [Infographic]

The Occupational Safety and Health Administration issued an update to its standard for construction work in confined spaces Aug. 3, 2015.

The standard requires employers protect workers from hazards in confined spaces – or work areas with limited means of entry and/or exit that are large enough for a worker to enter but not intended for regular or continuous occupancy. The updated standard addresses five key areas:

The controlling contractor

What changed: Instead of the host employer, the controlling contractor is now responsible for coordinating activities between multiple employees at the site.
The reason: This person often has a closer eye on the job site, and his or her coordination could prevent hazards related from work performed by other employees – such as carbon monoxide buildups – from entering or affecting confined spaces.

The competent person

What changed: General industry standards have allowed employers to evaluate their own job sites and identify confined spaces. The new standard makes clear this task should be done by a competent or qualified professional.
The reason: This addition increases clarity and workplace safety. OSHA defines a competent person as someone capable of identifying existing and predictable hazards, and who has the authority to enact prompt changes.

Atmospheric monitoring

What changed: Previous industry standards held periodic monitoring to be sufficient and never specified how often this should occur. Under the new standard, employers should monitor atmospheric conditions in confined spaces continuously, whenever possible.
The reason: While conditions at job sites vary greatly, it is possible for hazardous atmospheric conditions to develop within just a few moments. Setting a standard eliminates confusion and reduces risk to workers.

Engulfment hazards monitoring

What changed: The new standard requires employers to utilize early-warning systems that continuously monitor for engulfment hazards, such as flash flooding.
The reason: Early detection and warning gives workers more time to safely evacuate the confined space.

Suspension of permits

What changed: If an unacceptable condition – such as a power outage or flood – necessitates temporary evacuation and re-evaluation of the confined space, employers may suspend their entry permits, but will not have to cancel the permit or apply for a new one.
The reason: OSHA felt cancelling permits was unnecessary as long as the negative conditions were temporary and the area was reassessed and returned to the state specified by the permit.

The updated standard for construction work in confined spaces addresses five key areas.The updated standard for construction work in confined spaces addresses five key areas.

Six years after fatal explosion, regulations on offshore drilling tighten

Six years after the Deepwater Horizon oil spill and explosion, the Obama administration has released new regulations for offshore oil and gas drilling.

Secretary of the Interior Sally Jewell and Director of the Bureau of Safety and Environmental Enforcement Brian Salerno announced the U.S. Department of Interior's final well control regulations Thursday, April 14. The new restrictions include tightened safety requirements for the design and operational procedures of underwater drilling equipment, including blowout preventers.

The gas release and subsequent explosion on the Deepwater Horizon oil rig near the Macondo exploration well occurred April 20, 2010. The incident resulted in 11 fatalities,17 critical injuries and the release of an estimated 4.9 million barrels of oil into the Gulf of Mexico. The incident is currently the largest oil spill related to offshore drilling.

"The new restrictions include tightened safety requirements for design and operational procedures."

As The New York Times reported, the explosion was prompted by the failure of a blowout preventer after a section of drill pipe buckled. However, the new regulations are not limited to blowout preventers, but will also place tougher restrictions on the design of undersea wells, well control casing, subsea containment and cementing. Additionally, the regulations enact new requirements for double shear rams, real-time monitoring of subsea drilling, third-party reviews of equipment, inspections and safe drilling margin requirements.

"We listened extensively to industry and other stakeholders and heard their concerns loud and clear – about drilling margins, blowout preventer inspections, accumulator capacity, and real-time monitoring," Assistant Secretary for Land and Minerals Management Janice Schneider said in a statement. "This rule includes both prescriptive and performance-based standards that are based on this extensive engagement and analysis."

According to the Interior Department, the new regulations were informed by investigations of the Deep Horizon Incident by the Bureau of Ocean Energy Management, Regulation and Enforcement, the U.S. Coast Guard, the National Academy of Engineering, the National Oil Spill Commission, Ocean Energy Safety Advisory Committee and the Bureau of Safety and Environmental Enforcement. The Interior Department also reviewed feedback from more than 170 independent commentators including industry groups, equipment manufacturers, federal agencies, academics and environmental organizations.

However, the regulations were still met with instant criticism from both environmentalist and industry groups. While environmental groups objected the restrictions were too lax, oil and gas trade groups said the regulations ignored voluntary safety measures the industry has enacted since the Deepwater Horizon explosion and would place a costly and unfair burden on the sector.

Additional caution from the CSB
Meanwhile, the U.S. Chemical Safety Board issued its final report on its investigation of the Deepwater Horizon oil rig, and its findings call for increased collaboration between government agencies and the oil and gas industry.

As Safety + Health magazine reported, the CSB has been investigating the incident for two years. The final two volumes of the CSB report, as well as its executive summary, concluded offshore regulatory changes enacted since the incident have so far been insufficient to reduce risks associated with offshore drilling. Additionally, the CSB concluded, regulatory agencies are not granted enough power to proactively oversee industry efforts necessary to prevent a similar disaster.

"The CSB called for heightened regulations and a focus on risk reduction policies."

CSB investigators called for heightened regulations from the Bureau of Safety and Environmental Enforcement, including a focus on risk reduction policies and how human and organizational factors play a role in safety.

"Offshore regulations in the U.S. have been moving toward a performance-based approach, but in order for the changes to be effective, there are key regulatory attributes BSEE needs to pursue," CSB Chairperson Vanessa Allen Sutherland said in a statement. "These include an adaptable oversight approach that continuously strives to reduce risk, proactive tools to evaluate and monitor safety performance, and meaningful worker participation."

The CSB further noted adequate offshore safety will require increased regulatory oversight, as well as integrating activity-based safety and environmental management system elements into daily rig operations. According to CSB Lead Investigator and Human Factors Specialist Cheryl MacKenzie, incidents like those seen at Macondo are not caused by individual error, but are the result of several decisions and actions that occur throughout organizational chains.

"Zero incidents for a day, month, or even years do not preclude a company from facing a potentially catastrophic incident tomorrow," MacKenzie said in a statement. "Compliance isn't a paper exercise and it isn't a fixed target."

MacKenzie added that as circumstances in the work environment, technology or the rig's workforce change, companies must update their risk reduction efforts and be proactive in improving offshore safety. 

Know the importance of heat protection before summer

Heat illness is a serious medical condition that can result in muscle cramping, loss of consciousness and even death in some extreme cases. The Occupational Safety and Health Administration has estimated that thousands of workers become sick due to exposure to heat every year.

Heat awareness is especially crucial this year as a number of states, including California, are already experiencing historically high temperatures. Early spring saw parts of that state experiencing mid-80 and low-90 degree Fahrenheit temperature ranges, which is usually not seen until later in the summer. As The Californian reported, the California Department of Industrial Relations and CAL/OSHA are using the cooler days of April to encourage employers to prepare for protecting workers from heat exposure.

Speaking with The Californian, Cal/OSHA spokesman Peter Melton explained that state officials have been particularly vigilant about heat-related illness after a female field worker died following severe overheating in 2005. In that year, the state issued emergency orders for employers to protect workers from sun and heat, but the agency still encourages employers to follow those practices.

"We have continued that campaign ever since, and what it comes down to is outreach, education, consultation services," Melton explained.

California is not the only state that will experience high temperatures this spring and summer. Workers and employers in several other locations can benefit from following the safety tips outlined in CAL/OSHA's safety guidelines. These include:

  • Providing plenty of water: Each employee should have access to at least a quart of water per hour and employers should encourage workers to stay hydrated.
  • Ensuring shade: Work sites should include areas of shade where workers can rest. If there is not natural shade, employers can put up tents or other coverings.
  • Safety training: Outdoor workers should be taught to recognize the signs of heat illness in themselves and others.
  • Monitoring: All workers should watch for signs of heat illness when temperatures are high, and employees reporting heat-related sickness should not be left alone.

In addition to following these guidelines as best practices, employers need to be in compliance with specific standards that govern their industry or state.

Workers in outdoor environments are at higher risk for heat-related illness, especially during their first days on the jobsite. Workers in outdoor environments are at higher risk for heat-related illness, especially during their first days on the job site.

Following heat-exposure regulations
All employers in the U.S. will need to comply with the federal OSHA standards that relate to heat exposure. While there is not a specific standard for working in hot environments, there are several relevant regulations employers must consult. These include the Personal Protective Equipment standard, Sanitation standards, Medical Services and First Aid standards and the Safety Training and Education standard for the construction industry. There are also 28 OSHA-approved state standards on heat exposure.

"There is no specific standard on heat exposure, but employers must consult relevant regulations."

OSHA also provides guidelines to employers on how to better protect workers from heat illness, including a guide to understanding the heat index. As OSHA explained, the risk of heat-related illness becomes greater with both increased temperature and increased humidity. The heat index measures both these factors and is better than air temperature alone for predicting the risks workers face.

OSHA also provides clarification on how to adjust the use personal protection equipment to maintain compliance while accounting for heat exposure, as some types of PPEs, such as hard hats, may contribute to heat exhaustion. The agency has provided industry specific resources as well.

It's crucial to remember that workers in outdoor environments face the greatest risk, and the rate of heat-related illness is highest for new workers. A CAL/OSHA study found that around half the number of incidents related to heat-exposure happened on the employee's first day on the site, and 80 percent happened within the first few days. It's important to recognize that heat illness may manifest as heat exhaustion or heat stroke, but both are serious medical conditions. OSHA also offers simple training materials that employers can utilize for training workers to recognize heat-related illness.

The importance of hydration
As Safety + Health magazine reported, proper hydration remains one of the best tools for preventing heat-related illness. Both heat and strenuous labor deplete the body's hydration levels, which can lead to thirst, fatigue, muscle cramps, nausea, dizziness or confusion. All these conditions may contribute to accidents at the job site. If left unaddressed, dehydration can contribute to heat rash, heat exhaustion or heat stroke.

The magazine noted general best practice suggest providing workers with one quart of water per hour, but some workers may need more. Certain factors can increase the risk for dehydration. These include:

  • Age
  • Underlying health conditions such as diabetes and heart disease
  • Medications
  • Higher levels of physical exertion
  • Air temperature
  • Radiant heat from machinery

Employers can encourage workers to drink more water by providing time for water breaks, during which water can be drank slowly, Safety + Health suggested. Workers may also be outfitted in PPE that helps them to cool. Employers may also consider outfitting workers with hydration packs or reusable water bottles or mandating water breaks.

Effect of new OSHA regulation on construction, oil and gas industries remains unclear

Following the release of the U.S. Occupational Safety and Health Administration's new regulations on worker exposure to silica, industry leaders and safety officials are taking a look at how the new guidelines will affect the construction and oil and gas industries.

Crystalline silica is a material found in the earth's crust, most commonly in the form of quartz. Silica is present in many building materials, including sand, stone, rock, concrete, brick, block and mortar. As OSHA explained, exposure to respirable crystalline silica occurs during cutting, sawing, drilling and crushing of construction materials containing silica or when drilling into mineral layers in the ground. It also occurs during hydraulic fracturing, also known as fracking.

Silica dust becomes hazardous when its particles are small enough to be inhaled. Once silica penetrates the lungs, it may cause fatal lung diseases, including silicosis and lung cancer. Silica exposure has also been linked to kidney disease.

As The New York Times reported, federal safety officials have been urging a strengthening of OSHA's silica standard since the 1970s. Currently, various industries have exposure limits ranging from 100 to 250 micrograms per cubic meter of air over eight hours. The new standard reduces exposure to 50 micrograms across all sectors. The updates also require employers to keep records of employee exposure and provide medical examinations every three years for workers who must wear respirators for at least 30 days a year due to high exposure risk.

"Silica dust becomes hazardous when its particles are small enough to be inhaled."

The regulation is expected to affect an estimated 2.3 million workers, with about 2 million employed in the construction field. Speaking with the Times, U.S. Labor Secretary Thomas E. Perez said the update was a long time coming.

"This is no different than the story of asbestos," Perez said. "After 40 years, the political will has finally caught up with the science."

Debate surrounds the potential costs of compliance
Although the OSHA changes bring the standard in line with decades-old National Institute for Occupational Safety and Health recommendations, several industry groups have argued the update is unnecessary. Industry leaders pointed out that many sectors are already using voluntary measures including respirators that block silica dust or vacuums that remove it from the air. Groups including the National Industrial Sand Association have argued OSHA has not shown sufficient evidence that reducing the exposure limit from the 100 micrograms per cubic meter previously used by some sectors to the new 50 micrograms limit has any significant health benefits.

As Rigzone magazine reported, The Independent Petroleum Association of America also criticized OSHA for not convening a small business advocacy review panel for upstream oil and gas before issuing the final rule. According to IPAA Executive Vice President Lee Fuller, this makes it more difficult for the industry to know how the changes will affect businesses financially.

"The purpose of the panel is to examine costs, impacts and possible alternatives to minimize the adverse impacts regulations can have on small businesses," Fuller said in a statement. "Ideally, one of the results of such a review would be a better understanding of the cost impacts and potential job losses, which might result from today's rule."

"Industry groups say the update may cause financial strain on small and large businesses."

Both the IPAA and the American Petroleum Institute had previously filed comments with the Labor Department in February 2014, stating the proposed update was a "burdensome rule" that would cause financial strain on small and large businesses within the oil and gas industry.

While the economic costs of compliance remain to be seen, affected industries will have some time to adapt to the changes. As Bloomberg BNA reported, the new standard goes into effect on June 23, but OSHA is granting up to five years for employers to make the necessary changes. The compliance deadline for the construction industry is June 23, 2017, and the deadline for general industry and maritime is June 23, 2018. Fracking operations were given the most generous deadline: June 23, 2021.

However, as Bloomberg noted, it is important for employers to come into compliance in time to meet these deadlines. As most OSHA updates only allow a couple months lead time for industries to adapt, the delayed deadlines granted for the silica exposure standard are somewhat rare – making it highly unlikely industries will receive any extension beyond these dates.