OSHA Delays Enforcement of New Confined Spaces in Construction Standard

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This is a follow-up to our July 24, 2015 bulletin regarding OSHA’s new Confined Spaces in Construction Standard. OSHA has announced that it will, again, delay the enforcement of this new standard – which provides construction workers with protections similar to those found in the manufacturing and general industry – until January 8, 2016. While the new standard went into effect on August 3, 2015, OSHA will continue to refrain from issuing citations to employers who make “good-faith” efforts to comply with the new regulation.

As previously reported, indicators of “good faith” compliance efforts are: scheduling training for employees as required by the new standard; ordering the equipment necessary to comply with the new standard; and taking alternative measures to educate and protect employees from confined space hazards. However, employers must be in compliance with the training requirements of either the new or previous standard or they will be subject to citations.

We will report if there are further delays in enforcement.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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