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DOL/OSHA RIN: 1218-AD23 Publication ID: Fall 2023 
Title: Welding in Construction Confined Spaces 

OSHA is proposing to amend the Welding and Cutting Standard in construction to eliminate any perceived ambiguity about the definition of "confined space" that applies to welding activities in construction.  On May 4, 2015, when OSHA published the final rule for Confined Spaces in Construction, a new subpart was added to provide protections to employees working in confined spaces in construction.  This new subpart replaced OSHA's one training requirement for confined space work with a comprehensive standard that includes a permit program designed to protect employees from exposure to many hazards associated with work in confined spaces, including atmospheric and physical hazards.  The explanation of the final rule also discusses in detail how the Welding and Cutting Standard in Construction works together with the confined spaces standard regarding the application of their respective requirements.  Although the confined spaces standard states that it encompasses welding activities, the welding standard itself does not expressly identify a definition of "confined space".  OSHA will conduct a rulemaking to eliminate any perceived ambiguity about the definition of confined space that applies to welding activities in construction.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 29 CFR 1926.353   
Legal Authority: sec. 107, Contract Work Hours and Safety Standards Act (Construction Safety Act) (40 U.S.C. 333)    secs. 4, 6 and 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655 and 657)    Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as applicable   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Scott Ketcham
Director, Directorate of Construction
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW, Room N-3468, FP Building,
Washington, DC 20210
Phone:202 693-2020
Fax:202 693-1689