By Pat Miller, Rod Smith, and Matt Morrison

OSHA has issued a memorandum stating that it will delay enforcement of its new confined spaces in construction standard, which we discussed in our prior OSHA Update. The effective date for enforcement will now be October 2, 2015, and will only apply to employers who are making a “good faith effort” to comply with the new standard. In looking at whether an employer is making a “good faith effort,” OSHA will look at:

• If the employer has not conducted training on the new standard, whether it has such training scheduled;
• If the employer does not have the equipment, including personal protective equipment, required by the standard, whether it has ordered such equipment or otherwise is taking measures to protect employees; and
• Whether the employer has undertaken other efforts to educate its workers about confined space hazards and to protect workers from those hazards.

For guidance on the new OSHA standard, please feel free to listen to our recent webinar on the subject by clicking here.

Sherman & Howard L.L.C. has prepared this advisory to provide general information on recent legal developments that may be of interest. This advisory does not provide legal advice for any specific situation and does not create an attorney-client relationship between any reader and the Firm.

©2015 Sherman & Howard L.L.C.                                                                                July 13, 2015