On May 4, 2015, OSHA published the Confined Spaces in Construction standard, 29 C.F.R 1926, Subpart AA.  The new standard is effective August 3, 2015.  Several interested stakeholders petitioned the agency for a delay in the August enforcement date citing the  need for additional time to train employees and obtain the necessary equipment to comply with the new requirements.

On July 8, 2015, OSHA issued a memorandum to Regional Administrators indicating that it “will not issue citations to an employer making good faith efforts to comply with the new standard”  between August 3, 2015 to October 2, 2015.   In order to establish good faith efforts, employers must either have provided training in compliance with the new standard, 1926.1207, or training under the previous requirement, 1926.21(b)(6)(i).

According to the memorandum, OSHA will consider whether an employer is engaged in good faith efforts by considering:

  • If employers have not trained employees under the new requirements, whether such training is scheduled to be conducted.
  • If employers do not have the necessary equipment, such as personal protective equipment, to comply with the new standard, whether such equipment has been ordered and is using alternative measures to protect employees.
  • If employers have made any additional efforts to train employees about confined spaces and protect them for the hazards of confined spaces.

Full enforcement of the new Confined Spaces in Construction standard will begin on October 3, 2015.  A copy of the memorandum can be found online.

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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.

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