In September 2013, OSHA introduced a proposed rule to lower
worker exposure to crystalline silica in operations involving cutting, sawing,
drilling and crushing of concrete, brick and other stone products, as well as
in operations that use sand products, such as glass manufacturing, foundries
and abrasive blasting. Airborne silica dust has been identified as a cause of
lung cancer, silicosis, chronic obstructive pulmonary disease and kidney
disease when inhaled, and OSHA estimates that its proposed rule could save as
many as 700 lives per year.
On Jan. 14, 2014, OSHA held an online chat, giving safety
professionals and other stakeholders the opportunity to ask questions about the
proposed rule and receive immediate responses from OSHA staff. Below is a
sampling of the questions and answers communicated during the chat.
What major changes
will the rule bring about?
The proposed rule includes a new lower permissible exposure
limit (PEL), as well as requirements for air monitoring, medical surveillance,
use of engineering controls and personal protective equipment. None of these
will go into effect until the rule is finalized.
Where can I see a
summary of the proposed rule?
At https://www.osha.gov/silica/
you can find fact sheets containing highlights of the proposed rule, including
specific information for small businesses, construction, general industry and
maritime.
When will the rule be
finalized?
OSHA has not yet established a timetable for the issuing of
the final rule. Following the public hearings, parties who filed a notice of
intent to appear will be able to submit post hearing comments and post hearing
briefs. OSHA will then use this information to begin developing a final rule
based on the best available evidence in the complete rulemaking record.
Has an estimated cost
to employers been established?
The proposed rule is estimated to result in annual costs of
about $1,242 for the average workplace covered by the rule, based on
information available at the time the proposal was issued. The annual cost to a
very small firm (fewer than 20 employees) is estimated at $550. See OSHA’sPreliminary Economic Analysis for more information.
What types of silica
are covered by the rule?
The proposed rule covers occupational exposure to respirable
crystalline silica, defined as airborne particles that contain quartz,
cristobalite or tridymite.
How much more
stringent is the new PEL?
The proposed PEL is 50 ug/m3 (micrograms of silica per cubic
meter of air). This is approximately one half of the current general industry
PEL.
What are the main
training elements of the proposal?
Employers would be required to ensure that each affected
employee can demonstrate knowledge of the silica standard, operations involving
silica exposure, procedures to protect employees and the medical surveillance
program. See paragraph (i) of the proposed rule for more precise language.
What are the medical
surveillance requirements?
Under the proposed rule, employers would be required to
offer an initial examination within 30 days after an employee’s initial
assignment. Employers would also be required to offer medical surveillance
every three years to workers exposed above the PEL for 30 or more days per
year. Medical surveillance would include a physical exam, chest x-ray and lung
function testing. The requirements are the same for general industry and construction,
and employers following Table-1 in the proposed construction standard would be
required to offer medical surveillance to workers performing tasks that involve
respirator use 30 or more days per year, as they are assumed to be exposed
above the PEL.
How long is the
comment period on this proposed rule?
The original comment period was 90 days, but it has been
extended for an additional 47 days. The public has had a total of 157 days to
review and submit pre-hearing comments on the rule, making it among the longest
of comment periods in the history of OSHA rulemakings. OSHA is still accepting
comments until 12 a.m. EST on Jan. 27, 2014.
Find the entire archived web chat here.
