OSHA’s New Silica Rule – 2016

By Matt McCreery

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced a final rule to improve protections for workers exposed to respirable silica dust.  OSHA estimates that when the final rule on Occupational Exposure to Respirable Crystalline Silica becomes fully effective, it will save more than 600 lives annually and prevent more than 900 new cases of silicosis – an incurable and progressive disease – each year. The agency also estimates the final rule will provide net benefits of about $7.7 billion per year.

About two million construction workers are exposed to respirable crystalline silica in over 600,000 workplaces. OSHA estimates that more than 840,000 of these workers are exposed to silica levels that exceed the new permissible exposure limit (PEL).

The goal of the final rule will hope to improve worker protection by:

• Reduces the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air, averaged over an 8-hour shift.
• Requires employers to: use engineering controls (such as water or ventilation) to limit worker exposure to the PEL; provide respirators when engineering controls cannot adequately limit exposure; limit worker access to high exposure areas; develop a written exposure control plan, offer medical exams to highly exposed workers, and train workers on silica risks and how to limit exposures.
• Provides medical exams to monitor highly exposed workers and gives them information about their lung health.
• Provides flexibility to help employers — especially small businesses — protect workers from silica exposure.

The standard requires employers to limit worker exposures to respirable crystalline silica and to take other steps to protect workers.  The standard provides flexible alternatives, especially useful for small employers. Employers can either use a control method laid out in Table 1 of the construction standard, (Table 1 matches common construction tasks with dust control methods, so employers know exactly what they need to do to limit worker exposures to silica. The dust control measures listed in the table include methods known to be effective, like using water to keep dust from getting into the air or using ventilation to capture dust. In some operations, respirators may also be needed. Employers who follow Table 1 correctly are not required to measure workers’ exposure to silica and are not subject to the PEL) or they can measure workers’ exposure to silica and independently decide which dust controls work best to limit exposures to the PEL in their workplaces.  Regardless of which exposure control method is used, all construction employers covered by the standard are required to:

• 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 where feasible alternatives are available.
• 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 work operations that result in silica exposure and ways to limit exposure.
• Keep records of workers’ silica exposure and medical exams