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

2. 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
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3. 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
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4. 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)
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5. 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
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6. 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
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7. 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:
Silicosis and other non-cancer
lung diseases:
End-stage kidney disease: 193
More than 900 new silicosis cases per year
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8. 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.
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9. Workers and Industries Affected
2.3 million workers:  
Construction: 2 million
General industry: 300,000
676,000 establishments
Construction: ,000
General industry: 76,000
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10. 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
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11. Respirable Crystalline Silica Rules
Two standards:
One for general industry and maritime (29 CFR )
One for construction (29 CFR )
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
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12. 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
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13. 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)
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14. 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
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15. 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.
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16. 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.
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17. 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
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18. 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
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19. 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
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20. 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
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21. 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
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22. 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
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23. Respiratory Protection—General Industry
Must comply with 29 CFR
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
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24. 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
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25. Recordkeeping Must maintain records per 29 CFR 1910.1020 for:
Air monitoring data
Objective data
Medical records
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26. 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.
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27. 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.
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28. 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
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29. 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
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30. 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
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31. 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
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32. 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)
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33. 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
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34. Questions?
Ana Ellington
9/22/2018