1. Allows an Entry Permit to be suspended, instead of cancelled in the event of changes from the entry conditions list. Ref: 1926.1205(e)(2)

This differs from 1910.146(e)(5) which requires an employer to terminate entry and cancel the entry permit. This change has specific requirements and limits. Suspending a permit is only allowed when a condition that is not allowed under the entry permit arises in or near the permit space and that condition is: (a) temporary in nature; (b) does not change the configuration of the space; and/or, (c) does not create any new hazards within it.

The first action of the entry supervisor must be to terminate entry and ensure all authorized entrants have safely evacuated the space. At that point, the entry supervisor can suspend or cancel the entry permit. Prior to authorizing reentry, the entry supervisor must fully reassess the space before allowing reentry.

2. Includes more detailed provisions requiring coordinated activities when there are multiple employers at the worksite.

This is an important difference compared to the General Industry regulation. It is required due to the ever-changing makeup of the construction workforce and most especially when the need for workers from multiple employers must enter permit spaces at the same time, or perform work activities in the vicinity of the permit space – thus, the potential to introduce new hazards to the space that all employers on site must be aware of and prepare for.

This final provision differs from 1910.146(d)(11) by specifically addressing the need to coordinate work activities through the controlling contractor, as well as with employers working outside the permit space when their work could foreseeably affect conditions within a confined space. The new construction industry standard goes far beyond by outlining the need for coordinated activities between multiple employers by identifying specific roles – host employer, controlling contractor and the entry employer. (Refer to Chart.)

OSHA 1926.1203 General Requirements paragraph (h) includes specific communication and coordination requirements between the various employers and contractors. The host employer must provide certain information they may have about confined spaces to the controlling contractor.

Required information includes items such as:
(a) The location of known permit spaces;
(b) The nature of hazards in those identified permit spaces;
(c) The reason for classifying the space as permit required; and,
(d) Any additional precautions that the host employer, any other controlling contractor, or entry employer have previously employed to protect their employees must be provided.

It is also incumbent upon the controlling contractor to obtain information from the host employer regarding the hazards associated with the permit spaces and any information on previous entry operations into that permit space.

The controlling contractor is responsible for passing information to any entry employer that may authorize entry into that permit space as well to any other entity at the worksite that could foreseeably create a hazard that may affect that confined space.

The entry employer must obtain from the controlling contractor all the information regarding the particular permit space hazards and entry operation information. Additionally, the entry employer must inform the controlling contractor of the provisions of their permit required confined space program and any hazards they expect to confront or create during their entry operations.

It is also very important that the controlling contractor and all entry employers coordinate their activities when multiple entry employers have entrants in the same space, or when other activities around the permit space may create a hazard that affects the confined space entry operation.

At the completion of entry operations, it is equally important that all entities including entry employers and controlling contractors communicate information regarding the particulars of any given entry. This information must include the permit space program followed during the entry operation as well as any hazards confronted or created during entry. Of particular importance is to communicate any hazards created within the confined space that may still be in place. The controlling contractor in turn communicates all of this information to the host employer.

3. Requires a Competent Person to evaluate the work site and identify confined spaces, including permit spaces.

Along with the increased need for strong communications and coordination, the addition of the role of competent person for confined spaces may be one of the most important differences between the general industry standard and the construction standard.

It may seem to be a subtle difference in the two standards’ requirements, but now there is a specific role, or an identified position for conducting an evaluation of the worksite to determine the presence of confined spaces, a determination of the known or potential hazards associated with those confined spaces, and that has the authority to eliminate the identified hazards.

The competent person for confined spaces must have a high degree of expertise in identifying confined spaces and to make an accurate determination of the nature of any known or potential hazards associated with the confined space that would trigger it to be classified a permit space. In the event that the configuration or use of a non-permit required confined space changes, or a new hazard is introduced, the entry employer must have the competent person reevaluate that space to determine if it has become a permit required confined space. This is also true for any confined space that may not have initially been adequately evaluated to identify any known or potential hazards that would require that space to be classified a permit required confined space.

4. Designated rescue service must agree to notify the entry employer immediately if it becomes unavailable.

Although it has always been implied in the general industry standard that the entry supervisor would ensure the designated rescue service is available during entry operations, 1926.1211 explicitly requires an employer to designate a rescue service – in turn, the rescue service agrees to notify the entry employer immediately if they become unavailable to respond.

5. Provide an early warning system for non-isolated engulfment hazards.

This is primarily for sanitary and storm drain entry operations, but is equally important for any entry operations of a similar nature. The type of early warning systems can be as simple as posting an individual as an “upstream watch” to more complex systems such as electronic sensors or camera systems. Whatever system is used to detect an impending engulfment hazard, it must include a means of communications to provide advanced warning to the downstream entrants in time to safely evacuate the space.

We encourage our readers to spend time studying the new regulation, and in particular understanding the points we have highlighted in this article as well as in our downloadable Confined Spaces in Construction Safety Poster. If you have questions, or if we may be of service, please contact us at 800-647-7626.

There are several roles and responsibilities within any comprehensive fall protection program, and there are just as many courses of instruction that provide a baseline of knowledge and skills designed to get the individuals occupying these positions started or to enhance their ability to perform in these roles. But no single course of instruction currently covers, nor will one ever cover, every bit of knowledge needed for every work at height situation.

There is an old joke that goes like this: "What do you call the bottom graduate of medical school?" The answer is, "Doctor, of course."

What does that have to do with fall protection training, you may ask? Well, the rest of the story is that very often that bottom medical school graduate goes on to become a leader in his or her specialty. And that happens because they practice. That's why they call it practicing medicine, I suppose.

So this is where it will begin to make sense. Fall protection training is the beginning and should not and cannot be thought of as the "end all" for whatever role and responsibility for which you are training. Whatever training you attend and complete should be viewed as the launching point to get you started on learning everything you can about fall protection. This includes compliance requirements; fall protection system capabilities and limitations; the dynamics of a fall, including clearance requirements and swing fall; post-fall rescue; and, as importantly, what is the best fit for your Authorized Persons.

Gaining the knowledge and understanding of these and many other facets of fall protection requires continuous self-study and research. It also requires getting out and visiting your facility to find out what the structural geometry is and to learn about the processes, as well as the Authorized Persons' needs and concerns.

During the past 35 years, I have attended training for all sorts of occupational duties, and the one common denominator has been that all of them provide a foundation to build from. For the most part, I felt I could function in the role I was being trained for, but I would equate it to functioning at the "apprentice" or "journeyman" level. I knew I still had much to learn before mastering the task.

This is especially true for fall protection training. To learn every single OSHA requirement regarding fall protection is a very tall order. I don't know of any fall protection Competent Person course that covers it all or would attempt to cover it all. And to know the particular challenges of every location where work is performed at height can only be gained through experience. In order to move toward mastering the craft, it is important to take the initiative to learn beyond the formal training.

However, self-study is so much easier than it was 15 or 20 years ago. The ease of accessing OSHA standards, letters of interpretation, summaries and explanations of final rules, and other OSHA resources pertaining to fall protection on the World Wide Web opens up a wealth of information.

It is also my good fortune that I visit many different client sites where I encounter a smorgasbord of fall protection challenges that provide learning opportunities. Oftentimes, I am able to recite the information nearly verbatim that pertains to the issue, but as often as not, I need to do some research to locate the answer or to refresh my memory once again. This is expected and, in lieu of a photographic memory, there is just too much information to learn and retain with 100 percent accuracy.

With the emerging technologies in manufacturing and design of fall protection equipment and systems, it is often a great learning exercise to visit some of the leading equipment manufacturers' and retailers' online catalogs. It is actually pretty exciting to peruse these sites and see many of these modern solutions. And the equipment isn't limited to lanyards and body support, either: There are solutions such as temporary or permanent retro-fitted guardrail systems, harness mount SRLs, nonpenetrating anchor connectors, temporary user-installed horizontal lifelines, and the list goes on. Inviting a fall protection dealer representative to your site may prove to be very educational and beneficial time spent.

Sharing Lessons Learned

Back in my military days, we had a program known as "CROSSTELL," which was a formal messaging system designed to share lessons learned and to disseminate new ideas or techniques between common users. Within the private sector there are similar programs known as BKP (best known practices) or BKM (best known methods) that often provide a vehicle to share useful information within a common industry or within a single corporation. The warning here is to cross-check the BKM or BKP to ensure it is indeed compliant with any applicable legislated requirements. And if you develop what you feel is a BKM or BKP, don’t be bashful about sharing.

Much of the continuing education we have talked about so far is in "black and white" in the form of regulations or interpretations, or a form of equipment that has accompanying printed user instructions. The intangibles are often the most difficult and dynamic pieces of the puzzle to learn. Getting out into the work environment is a very big part of your ongoing self-education.

Performing a fall hazard survey as outlined in ANSI Z359.2 is a great starting point for learning the various means of protecting workers from falls. Always keeping the hierarchy of fall protection in mind, performing a comprehensive assessment of the known and potential areas for work at height will definitely provide an education. Now is the time to take your knowledge of compliance requirements, the BKM/BKPs, a broad knowledge of the equipment that is available, and then determine what will work best for the configuration of the structure, the environmental conditions, and also through interviewing the workers who will be employing the equipment to learn what their needs are. Will they need equipment that provides a high degree of mobility? Are they concerned about heavy or bulky equipment or exposed to hot working environments? Do they need equipment that can be set up and taken down quickly to facilitate moving from point to point? This can only be determined by talking to and listening to the Authorized Persons and their foremen.

By considering a formal fall protection course of instruction the endpoint for your fall protection training, no matter what capacity you are working in, is doing a disservice to your co-workers and to yourself. Accepting the onus of continuing your "training" through self-study, visiting the equipment offerings, and assessing the working environment and the needs of the workers to do their jobs is all a part of your continuing—ongoing—fall protection education.