Effective August 3, 2015, the new amendment to OSHA’s construction standard for confined spaces will extend compliance duties specifically to confined spaces of crawl spaces and attics. To determine what effects the new OSHA requirements will have on HERS® Rating companies RESNET requested an interpretation from our legal counsel. In summary our counsel found: The takeaway for RESNET raters is that if they are employing workers in crawl spaces or attics that qualify as confined spaces, they are going to have to comply with the standard. Sole proprietors who are themselves the only employee of the business are not subject to the OSHA standards. Employer-raters will need to comply with the evaluation process for identifying confined spaces and ensure that appropriate steps are taken for worker training prior to jobs, alleviation of hazards, and implementation of a permitting process (including attendants and rescue program plans) where applicable. However, where a site includes multiple employers, there is the ability to coordinate compliance, perhaps having the largest employer take responsibility for many aspects of the compliance. The full analysis from RESNET’s legal counsel is posted at RESNET Legal Counsel’s Interpretation on OSHA’s Crawl Spaces and Attics Rule Further information on the new OSHA requirements are contained in the links below: Full text of the new OSHA requirements (29 CFR 1926 Subpart AA) – https://www.osha.gov/confinedspaces/1926_subpart_aa.pdf OSHA Confined Spaces General FAQ – https://www.osha.gov/confinedspaces/faq.html OSHA Fact Sheet for Applying the Standard to Crawl Spaces and Attics – https://www.osha.gov/Publications/OSHA3787.pdf
