Trent Cotney, PA, FRSA LEGAL COUNSEL
This month’s article continues the discussion of OSHA’s new confined space standard. In order to better understand the new standard’s allocation of responsibility, it’s helpful to understand the definitions of the parties involved with the permit space. A competent person is one who is capable of identifying existing and predictable hazards in the surroundings or working conditions
which are unsanitary, hazardous, or dangerous to employees and who has the authority to take prompt corrective measures to eliminate them. A controlling contractor is the employer that has overall responsibility for construction at the worksite. A host employer is the employer that owns or manages the property where the construction is taking place. The entry employer, which is a new term to the standard, refers to any employer who decides that an employee it directs will enter a permit space; in other words, this may be a roofing contractor, whether a contractor or subcontractor. An attendant is an individual stationed outside one or more permit spaces who assesses the status of authorized entrants and who must perform duties specified by section 29 CFR 1926.1209. An entry supervisor refers to the qualified person responsible for determining if acceptable entry conditions are present at a permit
space where entry is planned, for authorizing entry and overseeing entry operations, and for terminating entry as required.
Before beginning work on a worksite, a competent person must identify all confined spaces and permit spaces. If the worksite contains a permit space, the roofing contractor must inform exposed employees and the controlling contractor of the existence and location of, and the danger posed by, each permit space. If employees will not be entering permit spaces, the roofing contractor must take measures to prevent those employees from entering. If employees will enter a permit space, the roofing contractor must have a written permit space program. The OSHA website provides an example program for reference.
Before operations begin, the host employer must coordinate with the controlling contractor and provide information about the location, hazards, and precautions taken with regard to the permit space. The controlling contractor must communicate that information to and coordinate with each entity which may enter the permit space or whose activities may result in a hazard in the permit space. The controlling contractor must ensure that multiple entry employers do not create hazards for each other. The entry employer must inform the controlling contractor of the permit space program that it will follow and the foreseeable hazards in each permit space. As part of the permit space program, each entry employer must:
■ Develop and implement the means, procedures, and practices necessary for safe permit space entry operations;
■ Provide and maintain equipment and ensure employees use equipment properly;
■ Provide training to each employee whose work is regulated by the standard in a language the employee can understand and before the employee is assigned duties under the standard;
■ Provide an attendant outside the permit space;
■ Develop and implement rescue and emergency procedures;
and
■ Develop and implement a system for the issuance and cancellation of entry permits. See www.osha.gov.
The requirements of the program are explained in greater detail in section 29 CFR 1926.1204.
The entry employer must prepare an entry permit documenting the completion of the program requirements. The specific requirements of the entry permit are listed in section 29 CFR 1926.1206. The entry supervisor must sign the entry permit in order to authorize entry.
Once entry operations have begun, each entry employer must inform the controlling contractor of the permit program followed and any hazards confronted or created during entry operations. The controlling contractor must debrief each entity that entered a permit
space regarding the permit program and hazards encountered or created during the entry. The controlling contractor must apprise the host employer of the information exchanged with the entry entities.
As entry operations proceed, the entry employer must continue to evaluate permit space conditions through testing and monitoring. A permit space may be reclassified as a non-permit space if a competent person determines that all of the conditions in 29 CFR
1926.1203(g) have been met. See www.osha.gov.
Although roofing contractors may be familiar with the general industry standard for confined spaces, there are differences in the new construction-specific standard that should be reviewed. This article was prepared using the text of the standard which can be found at www.ecfr.gov and the useful summary pamphlet located at www.osha.gov/confinedspaces.
Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Trent Cotney is Florida Bar Certified in Construction Law, General Counsel and a director of the Florida Roofing and Sheet Metal Contractors Association (FRSA), a director of the West Coast Roofing Contractors Association (WCRCA), and a member of the National Roofing Contractors Association (NRCA), Midwest Roofing Contractors Association (MRCA) and several other FRSA affiliates. For more information, contact the author at 813-579-3278 or visit www.trentcotney.com.
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