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OSHA Delays Confined Spaces Enforcement 60 Days

February 8, 2016

Work in Attics, Crawl Spaces and Ducts Targeted

At the request of NAHB, the Occupational Health and Safety Administration (OSHA) just announced a decision to further delay enforcement for residential construction of the new Confined Spaces in Construction Standard, this time for an additional 60 days. The agency would have resumed issuing citations for rule violations today.

Why is this important to remodelers? Under the new Confined Spaces in Construction Standard, work in attics, crawl spaces and even HVAC ducts could be subject to a host of permit, hazard monitoring and training requirements.

What work is covered by the delayed enforcement? The temporary stay applies to construction and remodeling projects in single-family homes, duplexes and townhouses in federal OSHA jurisdictions.

What are a remodeler’s responsibilities in the meantime? OSHA has said that any employer making good-faith efforts to comply with the standard, which became effective Aug. 3, 2015, will be exempt from citations through March 8, 2016.

Where can remodelers learn more about the required training and equipment? Employers governed by federal OSHA can find additional details on the rulemaking and how to comply in the NAHB Confined Spaces in Construction Toolkit.

When did NAHB get involved? NAHB raised concerns during the rulemaking process, but the final rule is confusing, unduly onerous and imposes disproportionate burdens on the remodeling industry. NAHB filed a legal challenge to the standard and has entered into settlement negotiations with OSHA, so the ultimate impact of the rule may not be fully known until this case is resolved later this year.

This is the value of your membership. NAHB Remodelers makes your voice heard with regulatory and legislative decision-makers—and ensures that you are informed of the latest actions that could impact you and your business.

*Please note that OSHA-approved state plan enforcement dates may vary; for more information visit osha.gov/dcsp/osp.