Clearing the Air
An Overview of OSHA’s New Construction Silica Standard
October 2016
The dangers of employees overexposed to respirable crystalline
DWAYNE HARTMAN, CSP, CRIS
Vice President
Senior Loss Control Consultant
636.379.5227
[email protected]
silica are well known, particularly in the construction industry.
New requirements set for employers to prevent overexposure are
extensive. In March 2016, the Occupational Safety and Health
Administration (OSHA) issued its long-anticipated final rule on
respirable crystalline silica with two separate standards, one for
The construction industry has until June 23, 2017, to
be in full compliance with the new silica standard.
the construction industry and the other for general industry plus
All construction companies that have employees
exposed to silica must fulfill these six duties:
maritime. The effective date was June 23, 2016, but the date when
companies must be in full compliance with the requirements depends
on their industry.
INDUSTRY
COMPLIANCE DEADLINE
Construction
June 23, 2017
General Industry and Maritime
June 23, 2018
As the clock continues to tick down to June 23, 2017, now is the time
for contractors to begin preparing and planning their compliance
1
Have a written exposure control plan.
2
Designate a competent person to oversee
the plan.
3
Restrict housekeeping practices that
increase silica exposure.
4
Offer medical surveillance to any employee
who will need to wear a respirator for 30 or
more days per year.
5
Communicate hazards of exposure and
provide employee training.
6
Conduct proper recordkeeping of exposure
and medical exams.
approach. This paper offers an overview of the new construction
standard, as well as some points contractors should consider and
potential hurdles they may need to overcome.
For more about what silica is and where it can be found,
visit https://www.osha.gov/Publications/OSHA3683.pdf.
L
O
C
K
T
O
N
C
O
M
P
A
N
I
E
S
The requirements of the silica standard apply to all occupational exposures to airborne respirable
crystalline silica in the construction industry, except where employee exposure would remain very low.
(Please note that particles are deemed small enough to be inhaled using a sampling device.)
The “low” line has been
established as any level
below 25 micrograms per
cubic meter of air (25 µg/
m3), also known as the
standard’s “action level.”
The Permissible Exposure
Limit (PEL) is twice that
number at 50 micrograms per
cubic meter of air (50 µg/m3).
Both levels are calculated
over an 8-hour, timeweighted average (TWA).
Exceeding the PEL
means the exposure is
over the legal limit.
All construction companies that have employees exposed to silica must fulfill these
six duties:
1
Have a written exposure control plan. Develop and implement a plan that, at a
minimum, contains the following elements:
™™
A description of workplace tasks that involve exposure to silica.
™™
The protective steps used to limit employee exposure for each task.
™™
The housekeeping measures being taken.
™™
The procedures used to restrict access to work areas, when necessary, to minimize the
number of employees exposed and the level of exposure.
Employees should have access to the plan. The employer must review and evaluate the plan’s
effectiveness at least annually and update it as necessary.
2
Oversee the plan. Designate a competent person to implement the written
exposure control plan. OSHA defines a competent person as:
"An individual who is capable of identifying existing and foreseeable respirable crystalline silica hazards
in the workplace and who has authorization to take prompt corrective measures to eliminate or minimize
them. The competent person must have the knowledge and ability necessary to fulfill the responsibilities set
forth in the (Written Exposure Control Plan) of this (standard)."
2
October 2016 • Lockton Companies
Restrict housekeeping practices that increase silica exposure. For example,
3
allow dry sweeping only in situations where it will not increase exposure and
where wet sweeping, HEPA-filtered vacuuming, and other methods that minimize
the likelihood of exposure are not feasible.
Offer medical surveillance. The employer must ensure that all medical
4
examinations and procedures required by the silica standard are performed by
a physician or other licensed healthcare professional (PLHCP) at no cost to the
employee, and at a reasonable time and place, for any employee who will need to
wear a respirator for 30 or more days per year.
MEDICAL
EXAMINATION TYPE
Initial (Baseline)
EXAMINATION COMPONENTS
FREQUENCY
Medical/work history focusing on silica exposure,
Within 30 days after initial
physical, chest X-ray, pulmonary function test,
assignment
latent tuberculosis test, and other tests as deemed
appropriate
Periodic
Same as initial exam (minus the tuberculosis test)
Every 3 years
Specialist
If the PLHCP’s written medical opinion indicates that
Within 30 days after
an employee should be examined by a specialist, the
receiving the PLHCP’s written
employer must make available a medical examination
opinion
by a specialist.
The standard also contains detailed instructions and timelines pertaining to information
exchange between the employer, PLHCP, and employee.
Note: Appendix B of the standard gives further guidance and offers sample written correspondence documents.
3
Communicate hazards and conduct employee training. Employers must include
5
respirable crystalline silica as part of their existing Hazard Communication Program,
as required elsewhere by OSHA. This means providing adequate employee access to
labels on products containing crystalline silica and their corresponding Safety Data
Sheets (SDS).
At a minimum, employees covered by OSHA’s silica standard must be able to demonstrate
knowledge and understanding of:
6
™™
The health hazards associated with silica exposure.
™™
Specific job tasks that could result in exposure.
™™
Steps the employer has taken to protect employees from exposure to respirable crystalline
silica, including engineering controls, work practices, and respirators to be used.
™™
The contents of OSHA’s silica standard.
™™
The individual who oversees the silica standard in their workplace.
™™
The purpose and a description of the medical surveillance program required by
the standard.
Maintain proper recordkeeping. There are three separate sets of records that employers
must keep: Air Monitoring Data, Objective Data, and Medical Surveillance records.
Air Monitoring Data
The employer must make and maintain an accurate record of all exposure measurements taken
to assess employee exposure to respirable crystalline silica.
Objective Data
The employer must make and maintain an accurate record of all objective data relied upon to
comply with the silica standard. OSHA says:
“Objective data means information, such as air monitoring data from industry wide surveys or calculations
based on the composition of a substance, demonstrating employee exposure to respirable crystalline silica
associated with a particular product or material or a specific process, task, or activity. The data 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.”
Medical Surveillance
The employer must make and maintain an accurate record for each employee covered by
medical surveillance under the requirements of the standard.
4
October 2016 • Lockton Companies
E X P OSU R E C ON T R OL METH ODS
Contractors can choose from two options—fully comply with specific exposure control methods identified in
Table 1 (see below for an excerpt) or implement alternative exposure control methods.
Option 1: Complying With Table 1
OSHA has published a list of common construction equipment and tasks that are known to generate large
quantities of potentially hazardous silica. This list is referred to as Table 1. Some of the listed items include
stationary masonry saws, handheld power saws, walk-behind saws, miscellaneous types of drills, jackhammers,
grinders, milling/crushing machines, and other heavy equipment.
To the right of each of the listed items in Table 1 are two columns. One column describes mandatory
“Engineering and Work Practice Control Methods,” such as “Use saw equipped with integrated water delivery system
that continuously feeds water to the blade.” Another phrase listed repeatedly throughout this column is “Operate and
maintain tool in accordance with manufacturer’s instructions to minimize dust emissions.”
The column to the far right (which is divided into two subcolumns) pertains to “Required Respiratory
Protection and Minimum Assigned Protection Factor (APF).” All respirators have APF classifications, or
protection capabilities, assigned to them by OSHA. The larger the number, the greater level of protection
expected. The listed item and how many hours per shift the employee(s) will be exposed dictate two things:
whether respiratory protection is required and, if it is required, what level of respiratory protection is needed.
Table 1: Specified Exposure Control Methods When Working With Materials Containing
Crystalline Silica
ENGINEERING AND WORK PRACTICE
CONTROL METHODS
EQUIPMENT/TASK
(ii) Handheld power saws
(any blade diameter)
REQUIRED RESPIRATORY PROTECTION
AND MINIMUM ASSIGNED PROTECTION
FACTOR (APF)
< 4 HOURS/SHIFT
> 4 HOURS/SHIFT
None
APF 10
APF 10
APF 10
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.
™™
When used outdoors.
™™
When used indoors or in an enclosed area.
5
Each employer that chooses to implement the control measures specified in Table 1 must do
the following:
1.
For tasks performed indoors or in enclosed areas, provide a means of exhaust as needed to minimize the
accumulation of visible airborne dust.
2.
For tasks performed using wet methods, apply water at flow rates sufficient to minimize the release of
visible dust.
3.
For measures implemented that include an enclosed cab or booth, ensure that the enclosed cab or booth:
A.
Is maintained as free as practicable from settled dust.
B.
Has door seals and closing mechanisms that work properly.
C.
Has gaskets and seals that are in good condition and working properly.
D.
Is under positive pressure maintained through continuous delivery of fresh air.
E.
Has intake air that is filtered through a filter that is 95 percent efficient in the 0.3-10.0 μm range
(e.g., MERV-16 or better).
F.
4.
Has heating and cooling capabilities.
In cases where an employee performs more than one of the listed tasks in Table 1 during the course
of a shift and the total duration of all tasks combined is more than four hours, the required respiratory
protection for each task is the respiratory protection specified for more than four hours per shift. If the
total duration of all Table 1 tasks performed is less than four hours, the required respiratory protection
for each task is the respiratory protection specified for less than four hours per shift.
The option of complying with Table 1 may sound rather simple at first and seem to be the obvious
choice. Compliance with this option, however, means a contractor must fully comply with all of
the applicable items in the table as well as the supplemental notes above. Take, for example, the first
Engineering and Work Practice Control listed in the excerpt above. It states that the employer must use a
handheld saw that is “equipped with integrated water delivery system.” Maybe the contractor doesn’t own
saws with that feature and would have to replace all of their handheld saws. This could prove rather costly.
6
October 2016 • Lockton Companies
Option 2: Alternative Exposure Control Methods
For employers that, for any reason, are unable to fully comply with the control methods or find that their
specific tasks or equipment used are not listed in Table 1, an alternative path to compliance exists. The
following items are mandatory if Table 1 control measures are not followed:
1.
The employer shall ensure that no employee is exposed to an airborne concentration of respirable
crystalline silica in excess of the PEL.
2.
The employer shall assess the exposure of each employee who is or may reasonably be expected to be
exposed at or above the action level by utilizing one of the two options listed below:
A.
Performance Option: The employer must assess the eight-hour TWA exposure for each employee
on the basis of any combination of air monitoring data or objective data sufficient to accurately
characterize employee exposures to respirable crystalline silica.
B.
Scheduled Monitoring Option: The employer must perform industrial hygiene monitoring to assess
the eight-hour TWA exposure for each employee on the basis of one or more personal breathing
zone air samples that reflect the exposures of employees on each shift, for each job classification, in
each work area. The employer may possibly sample a representative fraction of these employees in
order to meet this requirement.
The table below summarizes additional sampling results and employer actions:
INDUSTRIAL HYGIENE
MONITORING TYPE
MONITORING RESULTS
EMPLOYER ACTION(S)
Initial
Initial monitoring indicates employee(s) are
below action level.
Employer may discontinue monitoring.
Most Recent Exposure
Employee(s) exposure is at or above action level,
but below PEL.
Repeat monitoring within 6 months.
Most Recent Exposure
Employee(s) exposure is above PEL.
Repeat monitoring within 3 months.
Employee(s) are below the action level.
Repeat monitoring within 6 months, until
2 consecutive measurements taken 7 or more
days apart are below the action level.
Employer may then discontinue monitoring.
Most Recent (Noninitial)
Exposure
Note: Appendix A of the standard gives further guidance by specifying the procedures for analyzing air samples, as well as quality control procedures
that laboratories must use.
By choosing Option 2, contractors indeed are given more flexibility in how to control exposure.
However, in the absence of objective data, they will need to hire an industrial hygienist to perform
monitoring. Favorable sampling results (below the action level) from these expensive services may serve as
objective monitoring data going forward by limiting the cost to a few initial visits.
7
October 2016 • Lockton Companies
COMP LI A N C E R EQU I R ES I NVE ST ME NT
This new standard has turned an industry’s attention to a known respiratory hazard that has affected many
people over the years. Some would argue that the mandated policies in this standard are long overdue.
Unlike most new or updated OSHA standards, the Respirable Crystalline Silica Standard contains an
extraordinary amount of new administrative requirements and increased costs in order for affected
contractors to comply. In most cases, a methodical approach to budgeting and allocating resources should
be considered before implementation. If you have questions or need assistance as you plan your compliance
strategy, please contact your Lockton representative.
Additional Resources
OSHA’s Silica Website:
https://www.osha.gov/silica/
American Industrial Hygiene Association (AIHA)—Directory of Industrial Hygienists:
https://www.aiha.org/about-ih/find-an-IH/Pages/default.aspx
References
29 CFR 1926.1153—Respirable Crystalline Silica:
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=1270
OSHA Fact Sheet; “OSHA’s Crystalline Silica Rule: Construction”; 03/2016:
https://www.osha.gov/Publications/OSHA3681.pdf
© 2016 Lockton, Inc. All rights reserved.
KC 23824
lockton.com