OSHA’s Confined Spaces Standard Can Be Misleading

Many contractors and agricultural employers mistakenly believe that they are not required to comply with OSHA’s Permit-required Confined Spaces Standard (29 CFR 1910.146), which, as the standard states, applies to “general industry.”

This mistaken notion arises from the wording contained in the standard’s “scope and application” paragraph, which states: “This section does not apply to agriculture, to construction, or to shipyard employment.”

However, this can be extremely misleading. When the work being performed is of a construction nature, the agricultural, construction or shipyard operator is exempt. However, when the work can be classified as repair or maintenance, the company is required to follow the standard.

The best way to understand this duality is to study the enforcement directive for this standard — CPL 2.100 — that OSHA wrote for its compliance officers. The directive states that permit-required confined spaces that are undergoing maintenance or modifications that do not require construction are bound by the general industry standards.

However, if a confined space is created during construction, is the outcome of construction activity, or is entered to perform construction, then the work performed is not subject to the standard until the confined space is turned over for general industry operations.

Confined spaces include:

Tanks
Underground vaults
Water and sewer pipes
Storage bins
Pits
Silos
Boilers
Industrial trash compactors
Hoppers.

The authors of CPL 2.100 included some examples to clarify the difference between maintenance and construction:

Lining a tank that is in need of restoration, either to prevent the structural part of the tank from deteriorating or prevent the housed product from becoming contaminated. In either case, the partial patching or total removal of existing lining and replacement is considered maintenance.
Relining a furnace with new refractory material is maintenance.
Tuck pointing and individual brick replacement in a manhole is maintenance.
Relining of a sewer line with a sleeve, which is pushed through a section of the existing system, is maintenance.
Repainting, which is part of a scheduled program to maintain a system or prevent its deterioration, is maintenance.

Clearly, it is the type of work being performed, not the core business of the company performing it, that determines if a task is maintenance or construction. That’s why it makes good business sense to follow the general industry standard, especially when there is doubt as to how the task may be classified.

The one caveat

Contractors should also keep in mind that OSHA’s enforcement policy states that those companies not covered under the general industry standard must comply with the American National Standards Institute (ANSI) Standard Z-117.1 Safety Requirements for Confined Spaces.

This standard parallels 29 CPR 1910.146, so in point of fact, a construction company would be following the general industry standard.

The dangers of confined spaces

Hazards that may be present in confined spaces include:

Toxic atmospheres,
Oxygen deficiency,
Oxygen enrichment,
Flammable atmospheres,
Flowing liquids, and
Excessive heat.

BGES Group is one of New York, New Jersey, and Connecticut’s Construction Insurance Specialists representing 50+ companies, including all the BEST general & umbrella liability programs. We offer all the coverage needed, including property, builders’ risk, inland marine, general liability, umbrella liability, auto, bid & performance bonds, workers’ compensation, N.Y.S. disability, and group health. Our commitment to you goes beyond the policies we provide. We are always just a call, text, or email away, ready to assist you, even on weekends. We understand the importance of your business and are here to help you navigate any insurance challenges.

BGES Group are Workers’ Compensation Insurance Specialists for Tri-State Business Owners: Unhappy with your rates, company, being canceled, losses causing difficulty getting coverage, in the middle of an audit dispute, misclassified payrolls, or whatever your issue. We can help! We have special programs for Auto Services, Contractors (especially in New York), Limousine Services, Logistics Companies, Manufacturers, Recyclers, and Truckers; we can help ANY tri-state business owner. We are considered “Preferred Agents” for this one program that, if we can get you into, their pricing is excellent, offers long-term coverage stability, and can cover multi-state operations. The program takes the hassle out of doing annual audits, too.

If you want to speak with us, call Gary Wallach at 914-806-5853, click here to email, or visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538

email: bgesgroup@gmail.com

website: http://www.bgesgroup.com