1. Respirable Crystalline Silica Update
Mike Hill chst, sms
Performance Contracting Group

2. Respirable Crystalline Silica
Quartz
Cristobalite
Tridymite
Particles 100X smaller than a grain of sand.
Will not run through a sieve where water can.
Can lead to silicosis

3. General Industry Maritime
OSHA Timeline
March 25,2016
Final Rule
June 23, 2021
Oil and Gas
October 23, 2018
Enforcement
Fall update was the first major update since it was established in 1971
Silica has been around for millions of years – 1930’s Hawks nest Tunnel Disaster in WV
September 23, 2017
Construction
June 23, 2018
General Industry Maritime

4. OSHA Economics Total Annualized Costs: $1.030 billion including:
Engineering controls: $661.5 million
Respirators: $32.9 million
Exposure assessment: $96.2 million
Medical Surveillance: $96.4 million
Familiarization & Training: $95.9 million
Regulated Area: $2.6 million
Written Exposure Control Plan: $44.3 million
Annualized benefits monetized: $8.687 billion
Costs of prevented fatal lung cancers, silicosis and other respiratory diseases, renal disease and other silica-related mortality
Net benefits: $7.657 billion

5. Industry Challenge
Claimed OSHA did not provide “substantial evidence” that the rule:
would reduce a “significant risk of material impairment or harm”;
is technologically feasible for the foundry, hydraulic fracturing, and construction industries;
is economically feasible for the foundry, hydraulic fracturing, and construction industries;
can prohibit housekeeping methods that cause silica exposure, such as dry sweeping or using compressed air; and
claimed final rule violated Administrative Procedure Act through inadequate time for comment on data in record.
Court upheld the ruling in OSHA’s favor

6. Standard Requirements - Construction
Establish and implement a written exposure control plan that identifies tasks that involve exposure and methods used to protect workers, including procedures to restrict access to work areas where high exposures may occur;
Designate a competent person to implement the written exposure control plan;
Restrict housekeeping practices that expose workers to silica, such as use of compressed air without a ventilation system to capture the dust and dry sweeping, where effective, safe alternatives are available;

7. Standard Requirements - Construction
Offer medical exams—including chest X-rays and lung function tests—every three years for workers who are required by the standard to wear a respirator for 30 or more days per year;
Train workers on the health effects of silica exposure, workplace tasks that can expose them to silica, and ways to limit exposure; and
Keep records of workers’ silica exposure and medical exams.

8. Performance Option aka “Air Monitoring” or “Objective Data”
“Air Monitoring Data” is not well-defined, but could include historical data provided tasks are the same. Employer has flexibility.
“Objective Data” could include industry-wide surveys, NIOSH surveys, OSHA data, use of direct read instruments or other methodologies. Must reflect workplace conditions closely resembling or with a higher exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
Performance Option aka “Air Monitoring” or “Objective Data”
Burden of Proof is on the employer

9. Table 1

10. OSHA Activity As of April 17, 2018 116 alleged violation citations
Failing to measure silica levels – 35 citations
Failing to comply with the regulations in Table 1
80% classified as serious
Highest fine imposed was $9,239 which is short of the maximum $12,934

11. Standard Requirements – General Industry / Maritime
Demarcation - The employer shall demarcate regulated areas from the rest of the workplace in a manner that minimizes the number of employees exposed to respirable crystalline silica within the regulated area
Signs - The employer shall post signs at all entrances to regulated areas that bear the information at right
Table 1 applies to construction activities.
June 23rd the ruling goes into effect

12. Resources www.osha.gov/silica www.silica-safe.org/ www.ceacisp.org
m/silicacompliance/
OSHA’s 5/9/18 Regulatory Agenda lists silica rule to be reopened – modifying “table 1” for construction (pre-rule stage)