CONFINED SPACES IN CONSTRUCTION SUBPART AA

Transcription

1 21 st Annual Willis Construction Risk Management Conference CONFINED SPACES IN CONSTRUCTION SUBPART AA 9/15/15 Jim Goss

2 WHAT S NEW

3 Still Happening! September 2013 Canastota NY WWTP - Worker fatally burned in confined space accident March 2012 CAL/OSHA fines construction company $166K for two worker deaths in confined space 2

4 Confined Spaces are Dangerous! 3

5 Rulemaking History 14 years ago conversation started about Confined Space Entry in Construction General Industry Standard published 1993 United Steelworkers settlement 1994 Proposed Construction Rule in 2007 Consultation with ACCSH, stakeholder meetings and SBREFA panel Original version circulated for comments over 8 years ago

6 Rulemaking History Over 90% of comments on the draft standard were negative The draft of the standard was re-worked The new standard was not circulated to stakeholders or submitted for comments.

7 The New Standard 29 CFR 1926 Subpart AA Final Rule published 5/1/15 Effective date 8/3/15 Major issues still have not been resolved No Appendixes published No Compliance Directive No training material developed Stay of Enforcement until October 2, 2015 for employers working in good faith to comply or complying with GI standard

8 Subpart AA 1201-Scope 1202-Definitions General Requirements PRCS Program 1205-Permitting Process 1206-Entry Permit

9 Subpart AA 1207-Training 1208-Duties of Authorized Entrants 1209-Duties of Attendants 1210-Duties of Entry Supervisor 1211-Rescue & Emergency Services 1212-Employee Participation

10 Scope This standard sets forth requirements for practices and procedures to protect employees engaged in construction activities in or near confined spaces, subject to the exceptions in paragraph (b) of this section.

11 1201-Scope Exceptions (b) Exceptions. This standard does not apply to: (1) Construction work regulated by 29 CFR Part 1926 subpart Y (Diving). (2) Non-sewer construction work regulated by 29 CFR Part 1926 subpart P (Excavations). (3) Non-sewer construction work regulated by 29 CFR Part 1926 subpart S (Underground Construction, Caissons, Cofferdams and Compressed Air).

12 1202-Definitions The General Industry and Construction standards are different Some terms defined in 1926 are not defined in 1910 There is a COMPETENT PERSON requirement in SubPart AA The GC may have a duty to identify all confined spaces (contract details)

13 Definition of a Confined Space (must meet all three criteria) Limited means for entry or exit Large enough & so configured that an employee can bodily enter Not designed for continuous occupancy

14 Definition of Permit-Required Confined Spaces A confined space that has one or more of the following characteristics: Contains or has potential to contain a hazardous atmosphere Potential for engulfment Internal configuration that can trap or asphyxiate entrant Any other serious safety or health hazards (electrical, hot work, drowning...)

15 Definitions in scope Controlling Contractor is the employer that has overall responsibility for construction at the worksite. Entry Employer means any employer who decides that an employee it directs will enter a permit space. Host employer means the employer that owns or manages the property where the construction work is taking place.

16 Definitions, con t. Control: Action taken to reduce the level of any hazard using engineering methods such as ventilation. PPE is not a control. Entry Supervisor: A qualified person responsible for determining acceptable entry conditions; authorizing entry; and terminating entry.

17 (a) Before it begins work at a worksite, each employer must ensure that a competent person identifies all confined spaces in which one or more of the employees it directs may work, and identifies each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.

18 Who does what? Site evaluation: Any employer whose employee may enter a confined space needs to ensure that the site is evaluated and spaces are posted, but the evaluation and posting may be coordinated through a single employer. Site evaluation involves hazard recognition hazards already in the space, and hazards created as a result of the work being done.

19 hazards created as a result of the work being done.

20 General Requirements Employer inform employees by posting Confined Space Danger signs Develop written Confined Space Entry Program Isolate or eliminate hazards BEFORE entering Prepare for rescue in the event of an emergency/unanticipated condition.

21 Identify Confined Spaces Employers who identify or are made aware of permit spaces must make sure that exposed workers are made aware of the existence, location, and danger of each permit space. A sign reading DANGER PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER would satisfy the requirement for posting.

22 (e) Alternate Procedures With planning and forethought, many construction employers will be able to avoid the need for a permit space program if All physical hazards in the space are eliminated or isolated through engineering controls so that the only hazard posed by the permit space is an actual or potential hazardous atmosphere and The employer can demonstrate that continuous forced air ventilation alone is sufficient to maintain that permit space safe for entry (reference (e) for full alternate procedure details)

23 1203-General Requirements Employer Responsibilities 1203(h) The host employer must exchange information directly with the employer, or directly with the controlling contractor. The controlling contractor must: 1. Obtain from the host contractor all available information regarding permit space hazards and entry operations; 2. Inform each such employer of the location of each confined space and that a permit space program is required; 3. Apprise each employer of the hazards that make the confined space a permit space; 4. Coordinate entry operations, when more than one employer is involved; 5. Debrief each employer at the conclusion of the entry operations.

24 Information Exchange ost Employer Pre entry Post entry Controlling Contractor Pre entry Post entry Pre entry Post entry Entry Employer Coordinate during entry Sub Contractor

25 1204-PRCS Program EACH ENTRY EMPLOYER MUST: Identify and evaluate the hazards of permit spaces before employees enter them; Develop and implement the procedures for safe permit space entry operations Provide required equipment

26 1204-PRCS Program Provide at least one attendant outside the permit space Designate a training coordinator Develop and implement procedures for summoning rescue and emergency services Annual review of program

27 What is meant by program? A written program developed under this rule outlines what the employer will do to protect its workers from permit space hazards. Programs will often be used for more than one work site. They will give general information about the hazards and methods of addressing hazards used by that employer. In contrast, permits contain specific information about the particular space entered under that permit.

28 What s in a Program? Site evaluation for confined spaces and permitrequired confined spaces (permit spaces). Posting of all permit spaces.

29 What s in a Program? Steps taken to prevent unauthorized entry of permit spaces. Training of all workers exposed to permit space hazards, including hazards of unauthorized rescue.

30 What s in a Program? (cont d) Plans for elimination or isolation of physical hazards. Plans for air testing and monitoring. Plans for ventilation.

31 What s in a Program? (cont d) Plans for engulfment hazard monitoring, if necessary. Plans for rescue (non-entry if possible). Plans and training for entrants, attendants, and entry supervisors.

32 What s in a Program? Personal protective equipment, if necessary. Plans for working around and with other contractors. Plans for summoning emergency services. Plans for regular review (at least annually) of permits and identification of areas in need of improvement.

33 1205-Permitting Process No substantive change or modification from the General Industry (1910) other than section name change

34 1206-Entry Permit No substantive change or modification from the General Industry (1910)

35 1207-Training The employer must provide training that must result in an understanding of the hazards in the permit space and the methods used to isolate, control or in other ways protect employees from these hazards. The training must establish employee proficiency in the duties required The employer must certify that the training has been accomplished.

36 1207-Training The certification must contain each employee s name, the signatures or initials of the trainers, and the dates of training. The certification must be available at the job site for the period of time the employee is employed by that employer, or for the duration of the permit, whichever is greater.

37 1208-Duties of Authorized Entrant No substantive change or modification from the General Industry (1910) (

38 1209-Duties of Attendants Continuous Monitoring No substantive change or modification from the General Industry (1910)

39 1210-Duties of Entry Supervisor No substantive change or modification from the General Industry (1910)

40 1211-Rescue & Emergency Services 1204(i) Develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue;

41 1211-Rescue & Emergency Services Definitions Rescue means retrieving, and providing medical assistance to, employees who are in a permit space. Rescue service means the personnel designated to rescue employees from permit spaces.

42 1211-Rescue & Emergency Services (a) An employer who designates rescue and emergency services, pursuant to paragraph (i) of this standard, must: (1) Evaluate a prospective rescuer s ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified; (2) Evaluate a prospective rescue service s ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified; (3) Select a rescue team or service from those evaluated that: (i) Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; (ii) Is equipped for, and proficient in, performing the needed rescue services;

43 1211-Rescue & Emergency Services Non-entry rescue must be provided unless it increases risk or would not contribute to a successful rescue Full-body harness with retrieval line Attached at dorsal attachment point, or above the entrant s head, or at another point which allows the entrant to be pulled out safely. The other end of the line must be attached to a mechanical device or fixed point outside the space. A mechanical device (such as a winch) must be available if the space is more than 5 feet deep. Unsuitable equipment must not be used.

44 1211-Rescue & Emergency Services If entry rescue is required, the employer must ensure the rescue service: Can respond in a timely manner Can perform rescue in the specific space(s) Can reach victims in a time frame appropriate for the hazards identified Is equipped for and proficient in the necessary services Agrees to notify the employer in the event the service becomes unavailable Employers must inform the rescue service of the hazards it may confront Employers must provide the rescue service with access to all permit spaces from which rescue may be necessary

45 1211-Rescue & Emergency Services If an employer s workers will perform rescue as a In ouse Rescue Team, the employer must, at no cost to the workers: Provide the necessary PPE and training Train each worker in Technical Rescue Skills Train each worker how to perform assigned rescue duties Train each worker in basic first aid and CPR, and ensure one member of the team has a current certification in both Ensure each worker practices rescue before attempting an actual rescue, and at least every 12 months.

46 What s Different About Rescue in Construction The construction rule explicitly states that the emergency responders must agree to notify the employer in the event that the rescue service becomes unavailable. (if using pre-arranged 911 rescue response) A competent person must conduct Rescue Services Evaluation of responding Fire/Emergency Services Department.

47 1212-Employee Participation No substantive change or modification from the General Industry (1910)

48 Key Points Final rule does not apply to: Excavations, Underground Construction, Diving operations Final rule does apply to: Bins, boilers, pits, manholes, tanks, concrete pier columns, HVAC ducts, sewers, transformer vaults, precast concrete manhole units and more-

49 Key Points Pre-entry planning Competent person to determine if there are confined spaces & actions to control hazards. Continuous Air Monitoring during entry to permit spaces Early Warning System for sewer entries Training of workers on hazards Personal Protective Equipment supplied suitable to the hazards

50 Key Points Written Program & Permit System Training and documentation for each duty assignment Multi-Employer issues and understanding roles and responsibilities Rescue Service Evaluation Rescue Service Assignment Document Everything! If it s not in writing it didn t happen

51 Questions 50