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OSHA's Final Rule on Respirable Silica

Obama Administration Releases Final Silica Rule, Sticking with Proposed Standard's Silica Limit

The Obama Administration released its final silica rule today that retains many of the flawed provisions AGC warned administration officials about earlier this year.  Of primary concern is that the final rule sticks with the same, unattainable silica exposure limit included in the proposed rule.  However, the administration did agree to remove the extremely restrictive regulated areas requirement that would have forced construction workers to seal off and restrict access to every part of a construction project where dust is being generated.  For more information about the rule, click here and here. Please contact your members of Congress and urge them to block implementation of this rule until it can be proven to be technologically and economically feasible.
 
AGC of America released the following statement from CEO Steve Sandherr in response:
 
“Instead of crafting new and innovative ways to get more firms to comply with the current silica standard, which we know would save even more workers each year, administration officials appear to have instead opted to set a new standard that is well beyond the capabilities of current air filtration and dust removal technologies.  Wishing firms could meet this new but unattainable standard will undoubtedly deliver many positive headlines for the administration, but it will be all but impossible for most construction firms to comply with this new rule.
 
“We will continue our exhaustive review of this new regulation, consult with our members and decide on a future course of action that will best serve the health and safety of millions of construction workers across the country.”
 

For more information, please contact Kevin Cannon at cannonk@agc.org or Jim Young at youngj@agc.org.

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United States Department of Labor - Occupational Safety & Health Administration reports the following:

Rule requires engineering controls to keep workers from breathing silica dust

The Occupational Safety and Health Administration (OSHA) has issued a final rule to curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers by limiting their exposure to respirable crystalline silica. The rule is comprised of two standards, one for Construction and one for General Industry and Maritime.
 
OSHA estimates that the rule will save over 600 lives and prevent more than 900 new cases of silicosis each year, once its effects are fully realized. The Final Rule is projected to provide net benefits of about $7.7 billion, annually.
 
About 2.3 million workers are exposed to respirable crystalline silica in their workplaces, including 2 million construction workers who drill, cut, crush, or grind silica-containing materials such as concrete and stone, and 300,000 workers in general industry operations such as brick manufacturing, foundries, and hydraulic fracturing, also known as fracking. Responsible employers have been protecting workers from harmful exposure to respirable crystalline silica for years, using widely-available equipment that controls dust with water or a vacuum system.
 

Key Provisions

  • Reduces the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air, averaged over an 8-hour shift.
  • Requires employers to: use engineering controls (such as water or ventilation) to limit worker exposure to the PEL; provide respirators when engineering controls cannot adequately limit exposure; limit worker access to high exposure areas; develop a written exposure control plan, offer medical exams to highly exposed workers, and train workers on silica risks and how to limit exposures.
  • Provides medical exams to monitor highly exposed workers and gives them information about their lung health.
  • Provides flexibility to help employers — especially small businesses — protect workers from silica exposure.

 

Compliance Schedule

Both standards contained in the final rule take effect on June 23, 2016., after which industries have one to five years to comply with most requirements, based on the following schedule:
 
Construction - June 23, 2017, one year after the effective date.
General Industry and Maritime - June 23, 2018, two years after the effective date.
Hydraulic Fracturing - June 23, 2018, two years after the effective date for all provisions except Engineering Controls, which have a compliance date of June 23, 2021.
 

Background

The U.S. Department of Labor first highlighted the hazards of respirable crystalline silica in the 1930s, after a wave of worker deaths. The department set standards to limit worker exposure in 1971, when OSHA was created. However, the standards are outdated and do not adequately protect workers from silica-related diseases. Furthermore, workers are being exposed to silica in new industries such as stone or artificial stone countertop fabrication and hydraulic fracturing.
 
A full review of scientific evidence, industry consensus standards, and extensive stakeholder input provide the basis for the final rule, which was proposed in September 2013. The rule-making process allowed OSHA to solicit input in various forms for nearly a full year. The agency held 14 days of public hearings, during which more than 200 stakeholders presented testimony, and accepted over 2,000 comments, amounting to about 34,000 pages of material. In response to this extensive public engagement, OSHA made substantial changes, including enhanced employer flexibility in choosing how to reduce levels of respirable crystalline silica, while maintaining or improving worker protection.
 

More Information and Assistance

OSHA looks forward to working with employers to ensure that all workers exposed to respirable crystalline silica realize the benefits of this final rule. Please check back for frequent updates on compliance assistance materials and events, and learn about OSHA's on-site consulting services for small business.
 
OSHA approved State Plans have six months to adopt standards that are at least as effective as federal OSHA standards. Establishments in states that operate their own safety and health plans should check with their State Plan for the implementation date of the new standards.
 
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osha_fact_sheet_on_crystalline_silica_-_changes_to_standards.pdf120.21 KB
osha_fact_sheet_on_crystalline_silica_-_construction.pdf178.46 KB

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