Regulatory Updates Changes to OSHA Regulations since January 1, 2015Changes to OSHA Regulations since January 1, 2015

Updates of Note 2015 Injury Reporting Requirements Confined Spaces in Construction 2016 and Beyond Respirable Crystalline Silica Dust Citation Penalties Increased 50% Quarterly Injury Reporting Walking/Working Surface

Injury Reporting OSHA requires the reporting of: OSHA requires the reporting of: Fatalities (8 hours) Fatalities (8 hours) Catastrophes (24 hours) Catastrophes (24 hours) Hospitalization of one or more employees Hospitalization of one or more employees Loss of an eye Loss of an eye Traumatic Amputation Traumatic Amputation Reports can be made Reports can be made (800) 321-OSHA (800) 321-OSHA

Confined Spaces in Construction 29CFR May 4, 2015 Final Rule May 4, 2015 Final Rule August 3, 2015 Final Rule Effective Date August 3, 2015 Final Rule Effective Date July 2015 – OSHA memo postpones “Full Enforcement” of the new standard until October 2, 2015 July 2015 – OSHA memo postpones “Full Enforcement” of the new standard until October 2, 2015 January 2016 – OSHA memo extends postponement of the new standard for residential construction until March 8, 2016 January 2016 – OSHA memo extends postponement of the new standard for residential construction until March 8, 2016

Confined Spaces in Construction Does not apply to excavations Does not apply to excavations Competent person space classification Competent person space classification Defined information sharing Defined information sharing

OSHA Citation Penalties Increase August 1, 2016 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Allows for up to 80% increase in OSHA penalties Allows for up to 80% increase in OSHA penalties Final adjustment must be published by July 1, 2016 Final adjustment must be published by July 1, 2016 August 1, 2016 Implementation Date August 1, 2016 Implementation Date

OSHA Citation Penalties Increase August 1, 2016 Other than Serious $7,000 to $12,000 Other than Serious $7,000 to $12,000 Serious $7,000 to $12,000 Serious $7,000 to $12,000 Willful $70,000 to $125,000 Willful $70,000 to $125,000 Repeat $70,000 to $125,000 Repeat $70,000 to $125, , OSHA collected $143.6 million 2014, OSHA collected $143.6 million Adjusted by Act equals $261.4 Adjusted by Act equals $261.4

Respirable Crystalline Silica Dust 29CFR / Published in March 2016 Published in March 2016 Effective date June 2016 Effective date June 2016 Compliance date Compliance date Construction June 2017 Construction June 2017 General Industry June 2018 General Industry June 2018 Hydraulic Fracturing June 2018 Hydraulic Fracturing June 2018

Respirable Crystalline Silica Dust 29CFR / Action Level Action Level Permissible Exposure Limit (PEL) Permissible Exposure Limit (PEL) Specified Exposure Control Methods Specified Exposure Control Methods Alternative Exposure Control Methods Alternative Exposure Control Methods Abrasive Blasting Abrasive Blasting Sampling Methods Sampling Methods

Respirable Crystalline Silica Dust 29CFR / Respiratory Protection Respiratory Protection Housekeeping Housekeeping Written Exposure Control Plan Written Exposure Control Plan Medical Surveillance Medical Surveillance Training Training Recordkeeping Recordkeeping

Respirable Crystalline Silica Dust 29CFR / Former Exposure LimitsFormer Exposure Limits 100µg/m³ - PEL New Exposure Limits 50µg/m³ - PEL 25µg/m³ - Action Level

Specified Exposure Control Methods “The employer shall fully and properly implement the engineering controls, work practices and respiratory protection specified for the task on Table 1, unless” the employer utilizes Alternative Exposure Control Methods “The employer shall fully and properly implement the engineering controls, work practices and respiratory protection specified for the task on Table 1, unless” the employer utilizes Alternative Exposure Control Methods The devil is in the details… The devil is in the details…

Table 1: Specified Exposure Control Methods When Working With Materials Containing Crystalline Silica Equipment/Task Engineering and Work Practice Control Methods Required Respiratory Protection and Minimum Assigned Protection Factor (APF) ≤ 4 hours/shift> 4 hours/shift Stationary masonry Saws water suppression with continuous feed to the blade None Handheld power saws (any blade diameter) water blade outdoorsNoneAPF 10 indoors/enclosed areaAPF 10 Handheld power saws for cutting fiber- cement board (blade diameter <8") outdoors None Dust collection system (99% or greater efficiency)

Walk-behind saws water blade outdoorsNone indoors/enclosed areaAPF 10 Drivable Saws water blade None outdoors Rig-mounted core drills or sawswater cutting surfaceNone

Handheld and stand mounted drills (including impact and rotary hammer drills) Dust collection system (99% or greater efficiency) with filter-cleaning mechanism None Dust collection shroud HEPA dust collection when cleaning holes Dowel drilling rigs for concrete Outdoors APF 10 Dust collection system (99% or greater efficiency) with filter-cleaning mechanism Dust collection shroud HEPA dust collection when cleaning holes Vehicle-mounted drilling rigs for rock and concrete Dust collection with shroudNone Operate from enclosed cab with water suppression on drill bit None

Jackhammers and handheld powered chipping tools Water suppression at point of impact OutdoorsNoneAPF 10 indoors/enclosed areaAPF 10 Dust collection system (99% or greater efficiency) with filter-cleaning mechanism Dust collection shroud outdoorsNoneAPF 10 indoors/enclosed areaAPF 10

Handheld grinders for mortar removal (i.e., tuckpointing) Dust collection shroud APF 10APF 25 Dust collection system must provide 25 cfm or greater airflow per inch of wheel diameter and have a filter with 99% or greater efficiency and a cyclonic pre- separator or filter-cleaning mechanism.

Handheld grinders for uses other than mortar removal outdoors None Water delivery system to the grinding surface Dust collection shroud Dust collection system must provide 25 cfm or greater airflow per inch of wheel diameter and have a filter with 99% or greater efficiency and a cyclonic pre-separator or filter-cleaning mechanism. outdoorsNone indoors/enclosed areaNoneAPF 10

129 cfm 51# to 88# capacity 140 cfm 33# w/o dust Up to 150 cfm Up to 14 gal capacity 1 gallon of concrete =.16 cubic feet Concrete weighs about 145 lbs/ft³ 10 gal = 232 pounds

Walk-behind milling machines and floor grinders Water delivery system to the cutting surface None Dust collection system (99% or greater efficiency) with filter- cleaning mechanism None When used indoors or in an enclosed area, use a HEPA-filtered vacuum to remove loose dust in between passes

Small drivable milling machines (less than half-lane) Use a machine equipped with supplemental water sprays designed to supress dust. Water must be combined with a surfactant. None Large drivable milling machines (half-lane and larger) For cuts of any depth on asphalt only: Use machine equipped with exhaust ventilation on drum enclosure and supplemental water sprays designed to suppress dust None For cuts of four inches in depth or less on any substrate: Use machine equipped with exhaust ventilation on drum enclosure and supplemental water sprays designed to suppress dust None or Use a machine equipped with supplemental water sprays designed to suppress dust. Water must be combined with a surfactant.

Crushing machines Use equipment designed to deliver water spray or mist for dust suppression at crusher and other points where dust is generated (e.g., hoppers, conveyors, sieves/sizing or vibrating components and discharge points) None Use ventilated booth that provides fresh climate-controlled air to the operator, or a remote control station

Heavy equipment and utility vehicles used to abrade or fracture silica-containing materials (e.g., hoe-ramming, rock ripping) or used during demolition activities involving silica containing materials Operate from enclosed cab None When employees outside the cab are engaged in the task, apply water and/or dust suppressants as necessary to minimize dust emissions None Heavy equipment and utility vehicles for tasks such as grading and excavation but not including: demolishing, abrading, or fracturing silica containing materials Apply water and/or dust suppressants as necessary to minimize dust emissions None or When the equipment operator is the only employee engaged in the task, operate from enclosed cab None

Specified exposure control notes Vacuum and water suppression systems must be “commercially available” and capture at the point of contact unless otherwise specified Vacuum and water suppression systems must be “commercially available” and capture at the point of contact unless otherwise specified Tasks performed indoors/enclose must provide a means of exhaust as needed to minimize accumulations of visible dust Tasks performed indoors/enclose must provide a means of exhaust as needed to minimize accumulations of visible dust For tasks performed using wet methods, apply water at flow rates sufficient to minimize release of visible dust For tasks performed using wet methods, apply water at flow rates sufficient to minimize release of visible dust

Specified exposure control notes For measures implemented that include enclosed cab or both: For measures implemented that include enclosed cab or both: Maintained as free as practicable from settled dust Maintained as free as practicable from settled dust Has door seals and closing methods that work properly Has door seals and closing methods that work properly Has gaskets and seals that are in good condition working properly Has gaskets and seals that are in good condition working properly Is under positive pressure maintained through continuous delivery of fresh air Is under positive pressure maintained through continuous delivery of fresh air Has intake filter that is 95% efficient in the µm range (e.g. MERV-16 or better) Has intake filter that is 95% efficient in the µm range (e.g. MERV-16 or better) Has heating and cooling capabilities Has heating and cooling capabilities

Specified exposure control notes Where an employee performs more than one task on Table 1 Where an employee performs more than one task on Table 1 Aggregate total time of all Table 1 tasks dictates each tasks respiratory protection Aggregate total time of all Table 1 tasks dictates each tasks respiratory protection

Specified Exposure Control Gaps No provisions for: No provisions for: Bag mix material mixing by hand or machine Bag mix material mixing by hand or machine Abrasive Blasting – covered in a later section Abrasive Blasting – covered in a later section Housekeeping – covered in a later section Housekeeping – covered in a later section

Alternative Exposure Control Methods For tasks not listed in Table 1 For tasks not listed in Table 1 Where the employer does not fully or properly implement engineering controls, work practices and respiratory protection described in Table 1 Where the employer does not fully or properly implement engineering controls, work practices and respiratory protection described in Table 1 Employer shall ensure no employee is exposed in excess of the PEL Employer shall ensure no employee is exposed in excess of the PEL Employer shall assess the exposure of each employee exposed to respirable crystalline silica at or above the Action Level Employer shall assess the exposure of each employee exposed to respirable crystalline silica at or above the Action Level

Alternative Exposure Control Methods Exposure Assessment Performance OptionPerformance Option Air monitoring data Objective data Scheduled Monitoring Option Initial monitoring If < AL discontinue If ≥ AL and ≤ PEL repeat within 6 months If > PEL repeat within 3 months If non-initial monitoring < AL, two consecutive tests < AL discontinue monitoring

Alternative Exposure Control Methods Exposure Assessment Details Reassessment Reassessment Change in production Change in production Process Process Control equipment Control equipment Personnel Personnel Work practices Work practices Must use qualified lab Must use qualified lab Employee notification of results within 5 days Employee notification of results within 5 days If over the PEL, notify in writing the corrective actions taken to protect the employee If over the PEL, notify in writing the corrective actions taken to protect the employee

Alternative Exposure Control Methods Hierarchy of Hazard Control is MANDATED Hierarchy of Hazard Control is MANDATED 1.Engineering Control1.Engineering Control 2.Work Practice Controls2.Work Practice Controls 3.PPE3.PPE Engineering and Work Practice controls must be implemented regardless of their effectiveness to minimize the use of PPE Engineering and Work Practice controls must be implemented regardless of their effectiveness to minimize the use of PPE

Alternative Exposure Control Methods Abrasive Blasting Abrasive Blasting Comply with any other OSHA standard Comply with any other OSHA standard 29CFR Ventilation 29CFR Ventilation

Respiratory Protection Silica standard mandates compliance with OSHA Respiratory Protection Standard Silica standard mandates compliance with OSHA Respiratory Protection Standard 29CFR CFR Medical Surveillance Medical Surveillance Training Training Fit Test Fit Test

Housekeeping (f) Housekeeping. (1) The employer shall not allow dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica unless wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure are not feasible. (f) Housekeeping. (1) The employer shall not allow dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica unless wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure are not feasible.

Housekeeping (2) The employer shall not allow compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica unless: (2) The employer shall not allow compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica unless: (i) The compressed air is used in conjunction with a ventilation system that effectively captures the dust cloud created by the compressed air; or (i) The compressed air is used in conjunction with a ventilation system that effectively captures the dust cloud created by the compressed air; or (ii) No alternative method is feasible. (ii) No alternative method is feasible.

Written Exposure Control Plan Description of: Description of: tasks that involve exposure tasks that involve exposure controls for each task controls for each task housekeeping measures to limit exposure housekeeping measures to limit exposure procedures used to restrict access procedures used to restrict access Employer shall designate a competent person Employer shall designate a competent person Make frequent and regular inspection of jobsites, materials and equipment Make frequent and regular inspection of jobsites, materials and equipment Implement the exposure control plan Implement the exposure control plan

Medical Surveillance Make available at no cost to employee at reasonable time and place Make available at no cost to employee at reasonable time and place 30 or more days of respirator use 30 or more days of respirator use Within 30 days of initial assignment Within 30 days of initial assignment

Medical Surveillance Initial Medical and work history with emphasis on silica exposures Medical and work history with emphasis on silica exposures Past, present and anticipated Past, present and anticipated Physical examination with special emphasis on respiratory system Physical examination with special emphasis on respiratory system Chest X-ray Chest X-ray Pulmonary function test Pulmonary function test Latent tuberculosis Latent tuberculosis Any other test deemed appropriate by the PLHCP Any other test deemed appropriate by the PLHCP

Medical Surveillance Initial Medical and work history with emphasis on silica exposures Medical and work history with emphasis on silica exposures Past, present and anticipated Past, present and anticipated Physical examination with special emphasis on respiratory system Physical examination with special emphasis on respiratory system Chest X-ray Chest X-ray Pulmonary function test Pulmonary function test Latent tuberculosis Latent tuberculosis Any other test deemed appropriate by the PLHCP Any other test deemed appropriate by the PLHCP $70.50 $70.00 $60.50 $46.50 $247.50

Medical Surveillance Periodic At least every three years At least every three years More frequently if recommended by the PLHCP More frequently if recommended by the PLHCP

Medical Surveillance Notes Employer must provide to the PLHCP: Employer must provide to the PLHCP: Description of EEs former, current and anticipated duties Description of EEs former, current and anticipated duties EEs former, current and anticipated exposures EEs former, current and anticipated exposures Description of PPE used or to be used Description of PPE used or to be used Previous employment-related medical examinations Previous employment-related medical examinations

Medical Surveillance Notes Results to employeeResults to employee Results of exam in a written report Report must include any medical conditions placing employee at risk Recommended limitations on respirator use Recommended limitations on exposure to silica Specialist recommendation Results to employer Date of examination Statement of compliance with 1153 Recommended limitation on respirator use If employee authorizes in writing: Recommended silica limitations Specialist recommendation

Hazard Communication Employers must comply with the Hazard Communication Standard Employers must comply with the Hazard Communication Standard SDS will be updated with new PEL information SDS will be updated with new PEL information Hazards to be addressed in HCS standard must include: Hazards to be addressed in HCS standard must include: Cancer Cancer Lung effects Lung effects Immune system effects Immune system effects Kidney effects Kidney effects

Training Health hazards associated with exposure to respirable crystalline silica Health hazards associated with exposure to respirable crystalline silica Specific tasks in the workplace that could result in exposure to silica Specific tasks in the workplace that could result in exposure to silica Specific measures the employer has implemented to protect employees from exposure including engineering, work practice and respiratory protection controls Specific measures the employer has implemented to protect employees from exposure including engineering, work practice and respiratory protection controls The identity of the competent person designated by the employer The identity of the competent person designated by the employer The purpose and description of medical surveillance The purpose and description of medical surveillance

Recordkeeping Air monitoring data Air monitoring data Date Date Task Task Sampling/Analytical methods Sampling/Analytical methods Number, duration and results of samples Number, duration and results of samples Lab identity Lab identity Type of PPE worn by monitored employees Type of PPE worn by monitored employees Name, SS#, job classification of employees represented by the monitoring, indicating which employees were monitored Name, SS#, job classification of employees represented by the monitoring, indicating which employees were monitored

Recordkeeping Objective Data Objective Data Material Material Source Source Testing protocol Testing protocol Description of the process, task or activity Description of the process, task or activity Other data relevant to the process Other data relevant to the process

Recordkeeping Medical Surveillance Medical Surveillance Name and SS# Name and SS# Copy of PLHCP written medical opinions Copy of PLHCP written medical opinions Copy of info provided to PLHCP Copy of info provided to PLHCP

Conclusion Challenges to this rule are in consideration Challenges to this rule are in consideration Construction Industry Safety Coalition (CISC) Construction Industry Safety Coalition (CISC) American Society of Concrete Contractors (ASCC) American Society of Concrete Contractors (ASCC)

Conclusion Tasks missing from Table 1 “Specified Exposure Controls” Tasks missing from Table 1 “Specified Exposure Controls” Comment on commercial availability of engineering controls and their feasibility Comment on commercial availability of engineering controls and their feasibility Air sampling that demonstrates level of respirable silica dust with or without controls Air sampling that demonstrates level of respirable silica dust with or without controls