Last May, OSHA published its final rule regarding confined spaces in construction. Since that time, there have been many questions about the differences between the new construction standard and 29 CFR 1910.146, “Permit-required confined spaces.” In this installment of “Voice of Experience,” we will take a closer look at both standards in an effort to clear up any remaining confusion.
“Confined Spaces in Construction” is the title of 1926 Subpart AA, the recently released construction standard. Before Subpart AA was published, 1910.146 was the only OSHA standard that addressed permit-required confined spaces, and 1910.146 assumes that the host employer and the controlling employer are one and the same. But over time OSHA realized that because construction activities may involve more than one employer on a job site – which is not usually the case with general industry jobs – the controlling employer is not always the host employer. In fact, there may be a variety of contractors working on or in a space, building the space or entering the space. There was clearly a need for these issues to be addressed by OSHA, and the agency has now done so in 1926 Subpart AA.
Given the subject matter of the new construction standard and 1910.146, it is no surprise that there are a number of similarities between the two. However, Subpart AA is much more detailed than 1910.146. This is particularly apparent in 1926.1209, “Duties of attendants,” and 1926.1210, “Duties of entry supervisors,” which explicitly address accountability and responsibility for protection of workers on job sites.