STANDARDS UPDATE: US Federal OSHA Proposed Rule for Confined Spaces in Construction

1. STANDARDS UPDATE:US Federal OSHAProposed Rule for Confined Spaces in Construction MSA WebCast July 17, 2008 Presented by: Joseph Feldstein Manager Technical Services Mine Safety Appliances Company © MSA 2008

2. Today’s WebCast Topic • Background on the history and need for new rulemaking • Review of Requirements • Safety Equipment for Confined Spaces • Costs and Implications for Industry • Question and Answer Session ©MSA 2008

3. Background on the OSHA Proposed Confined Spaces Rule • New requirements • Training, hazard analysis, classification • Entering, working, exiting and rescue • History • Litigation • Role of the ACCSH • Need for new rulemaking • Annual average of 6.44 deaths and 967 injuries ©MSA 2008

4. Summary of the Proposed Standard • What is a Confined Space? • Space large enough and arranged so an employee can enter • Limited or restricted means of entry/exit • Is not designed for permanent occupancy • Examples of Confined Spaces in Construction • pits • tanks • sewers • silos • turbines ©MSA 2008

5. Worksite Evaluation and Coordination • Controlling Contractors and Host Employers • Information to be shared: • Location of confined spaces • Hazardous conditions • Precautions taken to address hazards • Classifications of the confined spaces ©MSA 2008

6. Atmospheric Testing • Test or monitor for: • Oxygen deficiency • Combustible gases and vapors • Toxic gases and vapors • As necessary, based on • Results of tests • Regularity of entry • Effectiveness of monitoring • Provide information like MSDS ©MSA 2008

7. Classifications of Confined Spaces • Continuous System Permit Required Confined Space (CS-PCRS) • Permit Required Confined Space (PCRS) • Controlled Atmosphere Confined Space (CACS) • Isolated Hazard Confined Space (IHCS) ©MSA 2008

8. Continuous System Permit Required Confined Space • Definition • Confined space that is part of, and contiguous with a larger confined space • Subject to release from the larger space that would overwhelm protective equipment • High risk category • Example • Space contiguous to a sewer system ©MSA 2008

9. Permit Required Confined Space • A confined space that has: • A hazardous atmosphere • Inwardly-converging, sloping surfaces • An engulfment hazard or other physical hazard • Physical Hazards • explosives • mechanical, electrical, hydraulic and pneumatic energy • radiation • temperature extremes • falls • noise ©MSA 2008

10. Controlled Atmosphere Confined Space • A confined space where ventilation alone will control its atmospheric hazard • Cannot be a CACS if it has a physical hazard (unless that hazard is isolated) ©MSA 2008

11. Isolated Hazard Confined Space • A confined space in which all physical and atmospheric hazards have been isolated • Isolation includes: • Blanking and binding • Misaligning or removing section of lines • A double-lock-and-bleed system • Machine guarding • Blocking or disconnecting all mechanical linkages • Installing guardrails, stairs or platforms ©MSA 2008

12. Classification Options • Employers can classify a confined space in any classification, so long as all of the characteristics and requirements for that classification are met • Exception is that a space with the characteristics of a CS-PRCS cannot be given a different classification ©MSA 2008

13. Reassessment • Whenever conditions change, the space must be reassessed • Prior to reassessment, entrants must exit the space • No one may re-enter until hazards have been evaluated and protection has been provided ©MSA 2008

14. Permit Required Confined Spaces • Identification of Hazards • Isolation or other protective measures must be provided • If isolation is not feasible, then PPE may be required • Monitoring procedures are required • Detect atmospheric hazards in time for entrants to safely exit the space ©MSA 2008

15. Continuous System Permit Required Confined Space • For a CS-PRCS, employers must complete all requirements for PRCS, as well as: • Monitor continuously for atmospheric hazards • Monitor continuously for non-isolated engulfment hazard using an early warning system ©MSA 2008

16. Controlled Atmosphere Confined Spaces • For each physical hazard, determine and implement an isolation method • Test the atmosphere while using ventilation equipment to verify that ventilation alone can control at safe levels • Monitoring procedures must include an early warning system in the event of a ventilation failure ©MSA 2008

17. Isolated Hazard Confined Spaces • Determine and implement an isolation method for each physical and atmospheric hazard • Isolate the hazards without entering the space • Verify in writing that all physical and atmospheric hazards in the space hav been isolated ©MSA 2008

18. Training • Training would be required for all hazard classifications • Employees to be trained: • Entry supervisors • Attendants • Authorized entrants • Rescue Service Employees • Exit procedures • Records • Retraining ©MSA 2008

19. Rescue from Confined Spaces • Non Entry Rescue • Requires a retrieval system • Harness and retrieval line • Rescue anchor point • Structural anchor • Heavy equipment (locked out or tagged out) • For retrievals involving a vertical distance over 5 ft, a mechanical retrieval device would be required ©MSA 2008

20. Rescue from Confined Spaces • Entry Rescue • Respond to a rescue summons in a timely manner • Have appropriate rescue plans and practice rescue operations • Entry rescue services must be provided with adequate training and equipment for the task ©MSA 2008

21. Safety Equipment for Confined Spaces • Equipment required in proposed rule: • Atmospheric testing and monitoring equipment • Forced-air mechanical ventilation equipment • Personal protective equipment, such as respirators • Any other equipment necessary for safe confined space operations • PPE must meet applicable OSHA regulations • Equipment must be maintained and calibrated according to applicable OSHA requirements and manufacturers’ instructions ©MSA 2008

22. Safety Equipment for Confined Spaces • Portable gas monitoring instruments • Oxygen • Flammable vapors • Toxic gases • Continuous air monitoring instruments • Air purifying respirators and SCBA • Confined space entry and retreival equipment • Tripods and anchorages • Personnel hoists • 3-way rescuers ©MSA 2008

23. Cost Impact of the Proposed Rule • 640,000 confined spaces per year • 20,000 construction companies with employees working in confined spaces • Estimated annual cost of compliance is $76.8M • $11.7M atmospheric monitoring • $10.0M respiratory protection • $9.6M rescue capabilities • $8.1M training ©MSA 2008

24. Public Comment • OSHA will hold public hearing on the proposed rule in Washington DC on July 22, 2008. For further information, contact Garvin Branch, Directorate of Construction, U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC 20210. • Copies of the proposed rule are available online at the OSHA website (http://ww.osha.gov), select "Federal Register," and "Date of Publication," (November 28, 2007). ©MSA 2008

25. Schedule for Publication of the Final Rule • OMB advises OSHA no new regulations after July 2008 • Second quarter 2009 is earliest expected publication of final rule • OSHA usually gives at least 90 days before rule takes effect • Much depends on comments received by OSHA on the proposed rule ©MSA 2008

26. Conclusions • New requirements would be placed on construction companies for evaluating, planning, training and monitoring confined spaces • New knowledge and skills required for construction personnel • Proposed requirements for prompt rescue will favor on-site rescue teams ©MSA 2008

27. Thank you for your participation! To Contact the Presenter: Joseph Feldstein MSA Fall Protection 2250 South Tejon Street Englewood, CO 80110 ph: (303) 975-2304 fax: (303) 934-9960 email: joseph.feldstein@msanet.com website: www.msanet.com © MSA 2008