California construction employers face new compliance obligations beginning January 1, 2026, as revised Cal/OSHA regulations governing confined spaces in construction officially take effect.
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On November 4, 2025, the California Occupational Safety and Health Standards Board filed its adopted revisions to construction safety orders addressing confined spaces. The Office of Administrative Law (OAL) has since approved the regulatory text at Title 8 CCR §§ 1951 through 1956, clearing the way for enforcement at the start of the new year.
The updated regulations align construction-specific requirements more closely with Cal/OSHA’s general industry standards, while introducing clearer definitions and expanded responsibilities for employers operating on construction sites.
Under the revised rules, a “confined space” continues to be defined as a space that (1) is large enough and so configured that an employee can bodily enter it, (2) has limited or restricted means for entry and exit, and (3) is not designed for continuous employee occupancy.
The regulations also clarify what qualifies as a “permit-required confined space,” or “permit space.” Such a space is one that has one or more of the following characteristics: (1) it “[c]ontains or has a potential to contain a hazardous atmosphere”; (2) it “[c]ontains a material that has the potential for engulfing an entrant”; (3) it “[h]as an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section”; or (4) it “[c]ontains any other recognized serious safety or health hazard.”
One of the most significant changes is the expanded definition of “entry employer,” which now includes “any employer whose employees enter or will enter a permit space.” Under the new standard, entry employers must implement a written permit space program at the construction site, even if they are not the controlling employer.
In addition, the revised construction safety orders update key definitions, including “entry employer,” “hazardous atmosphere,” “lockout,” “minimum explosive concentration,” and “tagout.” These updates are intended to reduce ambiguity and improve consistency in how confined space hazards are identified and managed in the field.
The regulations place greater emphasis on early identification and evaluation of confined spaces. Employers are now required to identify confined spaces and evaluate permit-required spaces using a competent person to conduct an initial survey of the work area at the time work begins. Employers must also communicate promptly when a new confined space is discovered or created during construction activities.
Maintaining documentation for these requirements is expected to be critical under the new standard. For many contractors, compliance may require new or updated recordkeeping practices at construction job sites, particularly when multiple employers are present and confined space conditions change as work progresses.
With the January 1, 2026, effective date approaching, California construction employers may want to review their existing confined space programs, inspection protocols, and training procedures. Updates may be necessary to ensure written permit space programs are in place, competent persons are properly designated, and communication procedures are established when new confined spaces arise.
Employers that act early to align their programs with the revised Cal/OSHA standard will be better positioned to manage compliance risks and protect workers from confined space hazards as enforcement begins in 2026.
Originally reported by JD Supra.
