Respirable Crystalline Silica Final Rule Ana Ellington Legal editor—Safety CONN-OSHA June 21, 2016 9/22/2018

Roadmap: What We Will Cover What is respirable crystalline silica? Exposure and health risks A little history on silica Benefits of the rule Workers affected Industries affected Final rule: Published March 25, 2016 9/22/2018

What Is Crystalline Silica? 100 times smaller than ordinary sand on a beach Chemical compound is Silicon dioxide (SiO2) Makes up 70 percent of the planet’s crust (naturally occurring substance) Over-exposure possible in occupations such as mining, construction, fracking, oil and gas, transportation, sandblasting, concrete manufacturing, demolition, and even dentistry. Classified as Group One Human Carcinogen by IARC in 1997 (also by NTP) – warning must be included on SDS of silica-containing products International Agency for Research on Cancer National Toxicology Program 9/22/2018

How are Workers Exposed? Respirable dust means the particle is small enough to penetrate the respiratory system (can’t be expelled) Inhaled by workers during work activities and particles harm lungs Exposures from chipping, cutting, sawing, drilling, grinding, sanding, and crushing of concrete, brick, block, rock, and stone products (such as in construction operations) Exposures from using sand products (such as glass manufacturing, foundries, and sand blasting) 9/22/2018

Exposure and Health Risks Exposure to respirable crystalline silica has been linked to: Silicosis; Lung cancer; Chronic obstructive pulmonary disease; and Kidney and immune system disease 9/22/2018

Hazards Recognized Hazards known for centuries—longer Respiratory problems from breathing dust date to Greeks and Romans Prevalence increased with invention of powerful tools 19th and 20th centuries Francis Perkins announced report on silicosis in 1938 https://www.youtube.com/watch?v=L9QuGQ_Jw1c 9/22/2018

Health Benefits of Rule OSHA estimates that once the effects of the rule are fully realized, it will prevent: More than 600 deaths per year Lung cancer: 124 Silicosis and other non-cancer lung diseases: 325 End-stage kidney disease: 193 More than 900 new silicosis cases per year 9/22/2018

Where Is Silica? Crystalline silica is present as an ingredient in the following: brick and mortar, concrete, slate, dimensional stone (granite, sandstone), engineered stone products (countertops etc.) stone aggregate, tile, asphalt filler, roofing granules, plastic composites, soils, and wallboard joint compounds, paint, plaster, caulking and putty. 9/22/2018

Workers and Industries Affected 2.3 million workers:   Construction: 2 million General industry: 300,000 676,000 establishments Construction: 600,000 General industry: 76,000 9/22/2018

Industries with Exposures ● Construction ● Glass manufacturing ● Pottery products ● Structural clay products ● Concrete products ● Foundries ● Dental laboratories ● Paintings and coatings ● Jewelry production ● Refractory products ● Asphalt products ● Landscaping ● Ready-mix concrete ● Cut stone and stone products ● Abrasive blasting in: ○ Maritime work ○ Construction ○ General industry ● Refractory furnace installation and repair ● Railroads ● Hydraulic fracturing for gas and oil 9/22/2018

Respirable Crystalline Silica Rules Two standards: One for general industry and maritime (29 CFR 1910.1053) One for construction (29 CFR 1926.1153) Compliance Dates Construction must comply by June 23, 2017 General industry/maritime must comply by June 23, 2018 Fracking must fully comply by June 23, 2021 9/22/2018

Changes to Final Rule Scope of standards revised to exclude tasks that involve low exposures Standards do not apply where worker exposures remain below 25 ug/m3 for 8 hr TWA under foreseeable conditions (must have evidence to support this exception) OSHA opted not to include worker medical removal provisions OSHA removed provisions that barred worker rotation 9/22/2018

Changes to Final Rule Standard for GI/Maritime doesn’t apply to exposures from processing sorptive minerals General industry standard allows employer to comply with specified exposure control methods in construction rule—in Table 1 instead of complying with PEL No requirement for protective clothing All employers must have written exposure control plan (and construction must have competent person to implement plan) 9/22/2018

Permissible Exposure Limit (PEL) PEL = 50 microgram per cubic meter (µg/m3) as an 8-hour time-weighted average (TWA) Action Level = 25 µg/m3 as an 8-hour TWA 9/22/2018

General Industry Rule Assessing worker exposures to silica if at or above 25 µg/m3; workers get notification of results within 15 working days; Using engineering controls; Limiting access to areas where workers could be exposed above the PEL; Using respirators when necessary; Restricting housekeeping practices that expose workers; Medical exams for highly exposed workers; Worker training on work tasks that result in exposure and ways to limit exposure; and Recordkeeping of workers’ silica exposure and medical exams. 9/22/2018

General Industry—Exposure Monitoring Performance option Assess exposure by any combination air-monitoring data or objective data (data from industrywide surveys or calculations—must reflect workplace conditions) Scheduled monitoring option Initial monitoring to assess 8-hr TWA for silica exposure of representative employees for each job classification (picking employees with highest expected exposure) If exposures > PEL, repeat within 3 mo. If > AL and < PEL, repeat within 6 mo. If exposures below AL stop monitoring Reassess as needed whenever changes in production, equipment, etc. 9/22/2018

Methods of Sample Analysis—Appendix A—General Industry Sample analysis must conform to Appendix A. Allows for use of OSHA, NIOSH, or MSHA methods Analysis must be conducted by accredited laboratories that follow specified quality control procedures Employee representative has right to observe air monitoring and must be provided with appropriate PPE at no cost. Exposure records and medical surveillance must be maintained and made available in accordance with 29 CFR 1910.1020. 9/22/2018

Regulated Areas—General Industry Where exposures can reasonably be expected to exceed the PEL, must establish regulated area Must be marked so unauthorized workers cannot enter Must post warning signs at entrances with: DANGER – RESPIRABLE CRYSTALLINE SILICA. MAY CAUSE CANCER. CAUSES DAMAGE TO LUNGS. WEAR RESPIRATORY PROTECTION IN THIS AREA. AUTHORIZED PERSONNEL ONLY Respirator use required 9/22/2018

Medical Surveillance—General Industry Employers must offer medical examinations to workers who will be exposed above the action level for 30 or more days a year Employers must offer examinations every 3 years to workers who continue to be exposed above the action level Exam includes medical and work history, physical exam, chest X-ray, pulmonary function test (TB test on initial exam only), and other tests determined appropriate by PLHCP 9/22/2018

Medical Opinion—General Industry Worker receives report within 30 days with detailed medical findings, any work restrictions, and recommendations concerning any further evaluation or treatment Employer receives an opinion within 30 days that only describes limitations on respirator use, and if the worker gives written consent, the PLHCP’s recommendations on: Limitations on exposure to respirable crystalline silica, and/or Examination by a specialist 9/22/2018

Employee Training—General Industry Employees must be trained, under OSHA’s HazCom on hazards and have access to labels and SDSs. Must address: Cancer, lung effects, immune system effects, and kidney effects Also, MUST be trained: Health hazards associated with exposure to silica Specific tasks in workplace that could result in exposures Specific measures employer has implemented to protect workers Contents of this OSHA rule Purpose and description of medical surveillance program 9/22/2018

Written Exposure Control Plan—General Industry The plan must describe: Tasks involving exposure to respirable crystalline silica Engineering controls, work practices, and respiratory protection for each task Housekeeping measures used to limit exposure Plan must be available to employee, employee rep, and OSHA rep 9/22/2018

Respiratory Protection—General Industry Must comply with 29 CFR 1910.134 Respirators required for exposures above the PEL: While installing or implementing controls or work practices For tasks where controls or work practices are not feasible When feasible controls cannot reduce exposures to the PEL While in a regulated area 9/22/2018

Housekeeping When it can contribute to exposure, employers must not allow: Dry sweeping or brushing Use of compressed air for cleaning surfaces or clothing, unless it is used with ventilation to capture the dust Those methods can be used if no other methods like HEPA vacuums, wet sweeping, or use of ventilation with compressed air are feasible 9/22/2018

Recordkeeping Must maintain records per 29 CFR 1910.1020 for: Air monitoring data Objective data Medical records 9/22/2018

Construction Rule All occupational exposures to respirable crystalline silica are covered, unless employee exposure will remain below 25 μg/m3 as an 8-hr TWA under any foreseeable conditions. 9/22/2018

Construction – Specified Exposure Control Methods Employers who follow Table 1 correctly are NOT required to measure worker exposure to silica and are NOT subject to PEL! Otherwise 50 µg/m3 PEL and 25 µg/m3 AL apply. Table 1 lists: Equipment/Task (18 tasks included), Engineering & Work Practice Control Methods, and Required Respiratory Protection and Minimum Assigned Protection Factor (APF) for shifts <4 hr and those > 4 hrs Chart lets employers know what they need to do, including use of water and ventilation, sometimes supplemented with respiratory protection. 9/22/2018

Table 1—Task Example Equipment / Task Engineering and Work Practice Control Methods Required Respiratory Protection and Minimum APF ≤ 4 hr/shift > 4 hr/shift Stationary masonry saws Use saw equipped with integrated water delivery system that continuously feeds water to the blade.   Operate and maintain tool in accordance with manufacturer’s instructions to minimize dust emissions. None 9/22/2018

Table 1—Task Example Equipment / Task Engineering and Work Practice Control Methods Required Respiratory Protection and Minimum APF ≤ 4 hr/shift > 4 hr/shift Handheld power saws (any blade diameter) Use saw equipped with integrated water delivery system that continuously feeds water to the blade. Operate and maintain tool in accordance with manufacturers’ instruction to minimize dust When used outdoors When used indoors or in an enclosed area None APF 10 9/22/2018

List of Table 1 Tasks Stationary masonry saws Handheld power saws Handheld power saws for fiber cement board Walk-behind saws Drivable saws Rig-mounted core saws or drills Handheld and stand-mounted drills Dowel drilling rigs for concrete Vehicle-mounted drilling rigs for rock and concrete Jackhammers and handheld powered chipping tools Handheld grinders for mortar removal (tuckpointing) Handheld grinders for other than mortar removal Walk-behind milling machines and floor grinders Small drivable milling machines Large drivable milling machines Crushing machines Heavy equipment and utility vehicles to abrade or fracture silica materials Heavy equipment and utility vehicles for grading and excavating 9/22/2018

Construction Tasks Not in Table 1 For tasks not listed in Table 1, or if employer does not fully implement controls and PPE: Must ensure no exposures above 50 µg/m3 PEL Must assess employee exposure if > AL following either “performance option” or “scheduled monitoring option” … if exposures > PEL, repeat within 3 mo. If > AL and < PEL, repeat within 6 mo. Reassess as needed whenever changes in production, equipment, etc. Workers get notification of results within 5 working days 9/22/2018

Other Construction Requirements Use of Respiratory Protection as needed by Table 1 and Where engineering/work practice controls not able to reduce below PEL, or When exposures exceed PEL during implementation of engineering/work practice controls Housekeeping controls and bans on methods (same as GI) Medical surveillance (same as GI) Employee training under HazCom & new rule (same as GI) plus identity of competent person Recordkeeping (same as GI) 9/22/2018

Written Exposure Plan—Construction Designated competent person must conduct frequent and regular inspections of job sites, materials and equipment to implement WECP In lieu of regulated areas, construction employer must include in WECP procedures to restrict access to work areas to minimize number of exposed employees 9/22/2018

Questions? Ana Ellington aellington@blr.com 9/22/2018