Installers Working At Construction Sites Must Be Aware Of New OSHA Confined Space Rule

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Workers in the construction industry now have the same confined space protections that those in manufacturing and general industry have had for more than 20 years. A new rule, effective Aug. 3, incorporates most of the general industry rule and includes several provisions specific to construction hazards.

Occupational Safety and Health Administration (OSHA) regulations for the construction industry used to have just a training requirement; employees working in confined spaces had to be instructed about the hazards, necessary precautions and the use of protective emergency equipment. The new rule has five key new requirements, according to information published by OSHA:

  • Detailed provisions on coordinating activities when there are multiple employers at the work site to ensure hazards are not introduced into a confined space by workers performing tasks outside the space (for example, a generator running near the entrance of a confined space causing a buildup of carbon monoxide).
  • A competent person must evaluate the work site and identify confined spaces, including permit spaces (those that may have a hazardous atmosphere, engulfment hazard or other serious hazard that can interfere with a worker’s ability to leave the space without assistance).
  • Continuous atmospheric monitoring whenever possible.
  • Continuous monitoring of engulfment hazards. For example, when workers are performing work in a storm sewer, a storm upstream could cause flash flooding. An electronic sensor or observer posted upstream could alert workers at the first sign of the hazard.
  • Allowance for the suspension of a permit instead of cancellation in the event of changes from the entry conditions listed on the permit or an unexpected event requiring evacuation of the space. The space must be returned to the entry conditions listed on the permit before re-entry.

Three other provisions of the new rule clarify existing requirements in the general industry standard:

  • Employers who direct workers to enter a space without using a complete permit system must prevent workers’ exposure to physical hazards through elimination of the hazard or isolation methods such as lockout/tagout.
  • Employers relying on the aid of local emergency services must arrange for responders to give the employer advance notice if they will be unable to respond for a period of time.
  • Employers must provide training in a language and vocabulary that the worker understands.
  • OSHA’s online FAQ says companies that work in both construction and general industry will meet OSHA’s requirements by following the new construction rule (Subpart AA of 29 CFR 1926). Employers should review the agency’s website (www.osha.gov/confinedspaces/index.html) for more specific information on how the rule may impact them.

Work on the new rule began in 1994 when OSHA agreed to establish regulations specific to the construction industry when it settled a lawsuit concerning the general industry rule. OSHA estimates the rule will prevent 780 serious injuries and save the lives of five construction workers annually.

California

The California Onsite Water Association is backing a bill to loosen the state’s laws on the use of onsite water recycling systems. COWA says the bill protects public health while reducing barriers preventing the use of water-saving technologies as the state suffers from ongoing drought and water shortages. The bill, AB 1463, would require the State Water Resources Control Board to establish water-quality standards along with distribution, monitoring and reporting requirements.

In a letter to sponsor Assemblyman Mike Gatto (D-Glendale), COWA says more can be done to encourage the reuse of recycled water. “Our reuse laws were originally drafted many years ago, before the 30-plus years of technological advances in this rapidly changing industry. It is becoming more and more apparent that the regulations … are not keeping up with the changing world. Our current reuse regulations are possibly the most restrictive in the world and are a barrier to maximizing the use of our limited water resources.”

The group recently changed its name in order to broaden its vision, dropping the term “wastewater” from its name. Now, to recognize the value of all decentralized onsite waters, COWA is encouraging more use of gray-, storm- and rainwater. The letter also supports legislation to allow the reuse of black water to help ease the state’s water problems.

Meanwhile, the state has issued emergency orders to achieve a 25 percent reduction in the use of potable urban water from 2013 levels. Actions include replacing 50 million square feet of lawns and ornamental turf with drought-tolerant landscaping, a rebate program to replace inefficient household devices, a prohibition on the use of potable water irrigation of public street medians, new requirements to increase agricultural water savings, and investing in new technologies for businesses, residents, industries and agriculture.

New York

Legislators are asking the New York State Department of Health to conduct its own study of the public health and environmental effects of land-spreading biosolids from human waste. Some local governments are seeking to ban the practice, though there is disagreement over local jurisdiction versus state law. The Department of Environmental Conservation has endorsed the practice, which requires a permit.

The Town of Wheatfield’s ban on land spreading is now before the state’s Supreme Court in a challenge filed by Quasar Energy Group, which operates an anaerobic digester in the town. At least 15 state legislators are seeking a health department study that is independent from those already conducted by DEC, the U.S. Environmental Protection Agency, and Quasar that found the practice to be safe.

Ohio

Taking cues from cleanup efforts for the Chesapeake Bay region, the idea of a regional water authority is being discussed for northwest Ohio, northeast Indiana and southeast Michigan to protect Lake Erie. The action is one recommendation in a new report, Moving Forward: Legal Solutions to Lake Erie’s Harmful Algal Blooms.

The report from the Lucas County commissioners also recommends new rules for farms and wastewater treatment plants and funding to help county health departments enforce onsite wastewater systems. While algae blooms are natural on Lake Erie, they have been a major issue since 2003. Toledo’s drinking water system was shut down in August 2014 due to the presence of toxins, leaving a half million people without water for two days. There has been no formal recommendation to form the water authority at this point.

In April, Republican Gov. John Kasich signed legislation increasing the regulation of farmers and the state’s largest wastewater treatment plants to help improve water quality. There are not yet any plans for how to pay for the steps needed to meet the new regulations. Farmers may have to build manure storage facilities due to the ban on land spreading on frozen or rain-soaked fields. The state plans to seek voter approval of a bond issue to provide funding assistance, including repairs to faulty septic systems.

Maryland

Maryland has upgraded 6,550 septic systems to the best available technology through the Chesapeake Bay Restoration Fund since 2010. Nearly 3,800 systems are in critical water-quality areas, according to the Bay Restoration Fund Advisory Committee annual report issued earlier this year. The new systems must be inspected and maintained annually. There are about 420,000 septic systems in the state, with 52,000 of them in critical areas.

Enhanced nutrient removal upgrades have also been completed at 35 major wastewater treatment plants with another 20 under construction, 10 in the design phase and two more in planning. All but five of the state’s plants are expected to be upgraded by 2017.

Nova Scotia

The Nova Scotia Environmental Home Assessment Program has been defunded by the provincial government this year. Launched in 2006, it provided home assessments of water and wastewater systems, $100 rebates on septic pumping, and grants up to $3,000 for repair or replacements of failed septic systems. Grants awarded last year will be honored if the work has not yet been completed. It was among the programs cut to fill a $97.6 million provincial budget deficit.

Idaho

The state’s Department of Environmental Quality is considering more changes to onsite wastewater regulations. After updating its rules a few times last year, the agency is now recommending changes involving floating vault toilets and vessel sewage disposal, specifications for pit run material, and secondary biological treatment system hydraulic application rates. The recent updates to the Technical Guidance Manual for Individual and Subsurface Sewage Disposal Systems are intended to ensure the document reflects current public health standards.

Alaska

The state’s Department of Environmental Conservation has proposed several changes to onsite wastewater regulations. While mostly a housecleaning move to correct minor errors and update obsolete information, the effort will also include a new Installer’s Manual for Conventional Onsite Domestic Wastewater and Disposal Systems. In its public notice, the agency says the manual is being “substantially reorganized and updated” to make it more usable as a field guide. It will also be renamed Onsite Wastewater System Installation Manual. Meetings, hearings and the public comment period take place this spring with final approval to follow.
 



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