If you work in the construction, foundry, or glass manufacturing industry, you’ve heard of OSHA’s new regulations on Crystalline Silica. You’ve probably been hearing chatter about it for over a decade.
Well, the change has finally arrived. Federal OSHA has finally published two new crystalline silica regulations; one for construction employers and the other for general industry and other types of employers. Both rules are now published in the Federal register, and are in effect as of June of this year. However, the obligations to comply with most sections don’t begin until June of 2018 and some requirements of the regulations won’t take effect until after that.
I’ve been doing some presentations to foundries and construction companies on the new regulation. Here are the most important things to know about the new requirements. Please note, this article will only deal with the requirements that apply to general industry such as foundries, glass manufacturing, and other manufacturers. I’ll write about the construction requirements another time.
- There’s not one new regulation. There are two.
Initially, several sources were reporting that OSHA was issuing identical rules for general industry, and construction. In reality, there are two new rules, which are similar, but definitely not identical. The construction rule (29 CFR 1926.1153) and the general industry rule (29 CFR 1910.1053) are very similar in terms of requirements, formatting, etc., but still quite different with regard to approach and language. Again, I’ll discuss the construction rule at some point in the future.
2. This is OSHA’s first comprehensive silica regulation.
Some employers are under the incorrect impression that OSHA has “rewritten” the silica requirements. But until now, there was no regulation to rewrite. OSHA’s only mechanism for controlling exposures has been the enforcement of an outdated and confusing PEL. The new regulation is comprehensive and has requirements that go far beyond the PEL. There are requirements for exposure assessments, housekeeping, training, recordkeeping, medical assessments, etc. All of this is in addition to a new PEL (see below).
3. Who will be most affected?
While enforcement of the new rules will focus primarily on the oil/gas fracking, construction, foundry, glass manufacturing, and other such industries, it can be applied anywhere an exposure to silica is reasonably likely to occur. Exposures that result from processing of sorptive clays are excluded.
4. The Permissible Exposure Limit has been cut in half and there’s a new Action Limit
The first step in complying with the regulation will be assess your employees’ exposure to Crystalline Silica. This will usually require air sampling by a qualified person. Requirements for sampling and analysis of samples are included in the body of the regulation, as well as Appendix A of the regulation. Exposure assessment will be required for any employee who is, or reasonably may be expected to have exposures exceeding the Action Limit (see below).
The purpose of the exposure assessment is to quantify the employees’ exposure to Crystalline Silica and to ensure they don’t exceed the PEL and/or Action Limit.
Which brings us to the topic of the new PEL for Crystalline Silica. It has been cut in half. Here in MN, for general industry employers, the PEL for quartz has been at 0.1 mg/m3 (or 100 ug/m3) for decades (Some of you might be under the impression that the PEL will depend on the silica content found in the sample, but in MN, that method is used in construction only). There have also been separate PELs for Tridymite and Cristobalite (both are 0.05 mg/m3). Under the new rule, the PEL for crystalline silica has been reduced to 0.05 mg/m3 (or 50 ug/m3).
The new regulation also introduces a new “Action Limit” of 0.025 mg/m3 (or 25 ug/m3). Employers whose employees have exposures exceeding the action limit, but not equaling or exceeding the PEL, will be required to comply with certain parts of the regulation, such as training (see below).
5. Areas where exposure can exceed the PEL will become “Regulated areas”
Areas where exposure may exceed the PEL of 50 ug/m3 will be “regulated areas” and must be demarcated as such. All entrances to regulated areas must be posted with signs reading “DANGER! RESPIRABLE CRYSTALLINE SILICA. MAY CAUSE CANCER. CAUSES DAMAGE TO LUNGS. WEAR RESPIRATORY PROTECTION IN THIS AREA. AUTHORIZED PERSONNEL ONLY”.
Access to these areas must be restricted so as to minimize the number of employees present. In most cases, appropriate respirators will be required in these areas.
6. Engineering and work practice controls will be required
Whenever feasible, the employer will be required to implement feasible engineering and work practice controls to reduce employees’ exposures to acceptable levels. Appropriate respirators will be required whenever controls aren’t feasible, or when they fail to reduce exposures to acceptable levels, and while the controls are being implemented.
Any use of respirators must comply with the respiratory protection regulation (29 CFR 1910.134), and as such, a written respiratory protection program will be required, along with training, medical evaluations, fit testing, etc.
7. Employers will be required to develop a written exposure control plan
All employers covered by the rule will also be required to develop a written exposure control plan, which explains how exposures will be minimized. There are specific requirements for the content of the program which I won’t get into here. The control plan must be reviewed at least annually and updated as needed. All employees, their designated representatives, and OSHA representatives must be granted access to the program.
8. Special housekeeping methods will be required
Dry sweeping and dry brushing of floors and contaminated work areas will not be permitted if it contributes to employees’ exposures to Crystalline Silica, unless the employer can demonstrate that safer methods such as wet sweeping or use of HEPA-filtered vacuums are not feasible.
Using compressed air for cleaning is also not permitted except in certain circumstances.
9. Comprehensive medical exams will be required for employees
Employees who are, or may be exposed to Crystalline Silica at or above the Action Limit for 30 or more days per year must be placed in a medical surveillance program.
At a minimum the surveillance program must consist of an initial examination by a Physician or Licensed Health Care Professional (PLHCP), within 30 days of initial assignment to a job covered by the regulation. Minimally, the initial exam must include a medical and work history, a physical exam, a chest x-ray, a pulmonary function test, latent TB testing, and any other test deemed appropriate by the PLHCP. Note that these requirements go far beyond the medical evaluations under the respiratory protection program, and it’s doubtful that the mobile testing services you may have been using for years will be able to provide services like X-rays.
In addition to the initial exam, periodic examinations must be provided at least every three years, or more frequently if recommended by the PLHCP. The periodic exams must include all of the procedures and tests included in the initial exam, except for the TB test.
Additional examinations by a specialist are required if recommended by the PLHCP.
10. Hazards of crystalline silica must be communicated to employees via training and other means
Any employer covered by the rule must include Crystalline Silica in their written Hazard Communication program (see 29 CFR 1910.1200) and related training. Training must be provided at the time of initial assignment to an area where exposure is possible.
This is also one of the few OSHA training requirements which requires employers to ensure that all employees can demonstrate knowledge and understanding of the information communicated in training. In the case of silica, this knowledge must include specific tasks in the workplace that can result in exposure, specific measures to protect employees, the contents of the OSHA regulation, and the purpose of the medical surveillance program.
11. Record keeping will be critical
The regulation requires that adequate records of training, medical examinations, exposures assessments, etc. be maintained.
Questions?
If you have questions about the new regulation, or need help with exposure assessments, training, development of the exposure control program, or anything else, please call Paul at (612)597-6463 or email [email protected]