Page 18 - OHS, July/August 2021

IH: CONFINED SPACES
Understanding the Differences Between Construction and General Industry Confined Space Regulations
Understanding the standards is the first step in safely working in confined spaces.
RBY JOSEPH HARKELROAD, MEGAN SCHERER
arely are construction and general industry OSHA standards identical or interchangeable. When it comes to OSHA’s confined space standards, there are some notable differences between the Construction 29 CFR 1926,
Subpart AA standard and General Industry 29 CFR 1910.146. Before we dive into the confined space details, let’s first define some terms. OSHA says that “general industry” is any industry
not included in construction, agriculture, or maritime.
OSHA clarifies other nuances in several letters of
interpretation:
■ The first is from February 1, 1996. OSHA makes it clear
that Section 29 CFR 1910.12(b) defines construction work as “construction, alteration, and/or repair including painting, and decorating.” Further, construction work is defined as work not limited to new construction, which includes the repair of existing facilities, and the replacement of structures and their components.”
■ OSHA also clarified the difference between construction and maintenance in 1999, by saying maintenance is “keeping equipment or a structure in proper condition through
routine, scheduled or anticipated measures without having to significantly alter the structure or equipment in the process. For
18 Occupational Health & Safety | JULY/AUGUST 2021
www.ohsonline.com
equipment, this generally means keeping the equipment working properly by taking steps to prevent its failure or degradation.”
■ OSHA clarified maintenance vs. construction activities
on November 18, 2003, by explaining, “Construction work is not limited to new construction but can include the repair of existing facilities or the replacement of structures and their components. For example, the replacement of one utility pole with a new, identical pole would be maintenance; however, if it were replaced with an improved pole or equipment, it would be considered construction.”
You might ask yourself, why does it matter if we are doing maintenance or construction? The answer is that maintenance tasks are covered under the general industry regulation. For years, there was only a general industry standard, 1910.146 (a). Because construction was specifically excluded from following the general industry confined space standard, OSHA would have to cite concerns in the construction industry under several different areas:
1. The general duty clause
2. 29 CFR 1926.21 (b)(6) (which no longer exists)
3. 29 CFR 1926.154 (a)(2) “When heaters are used in
confined spaces...” (exists with vague lanuage)
King Ropes Access/Shutterstock.com