Executive Summary
Overview: The Occupational Safety and Health Administration (OSHA) released its final rule on respirable crystalline silica. The rule, which is titled Occupational Exposure to Respirable Crystalline Silica, establishes a permissible exposure limit (PEL) for respirable crystalline silica of 50 micrograms per cubic meter as an eight-hour time-weighted average. It also includes provisions regarding exposure assessments, respiratory protection, medical surveillance, hazard communication, and recordkeeping. The rule takes effect on June 23, 2016.
Coverage: All employers whose business results in occupational exposures to respirable crystalline silica.
Effective Date: June 23, 2016
Action Required: Develop, implement, and make available for copying a compliant written exposure control plan, secure and/or develop training for workers on silica risks and how to limit exposure, and begin taking steps to ensure compliance with the remaining requirements of the rule.
The Details
Exposure to airborne silica dust traditionally occurs in operations that involve cutting, sawing, drilling, grinding, blasting and crushing of silica-containing material such as glass, concrete, sand, brick, block, and other stone products. According to OSHA, workers exposed to silica dust face a significant risk of material impairment to their health and are at increased risk of developing lung cancer, silicosis, chronic obstructive pulmonary disease, other non-malignant respiratory diseases, and kidney disease. OSHA estimates that approximately 2.3 million workers are exposed to respirable crystalline silica in their workplaces.
On March 24, 2016, OSHA released the long anticipated final rule on silica. The new rule updates the existing standards for occupational exposure established in 1971, by establishing a new workplace permissible exposure limit (PEL) for respirable crystalline silica in all industries covered by the rule. It sets two standards: one for general industry and maritime employment and the other for construction. The key provisions, which are common to both standards, require employers to:
- Ensure employee exposure to respirable crystalline silica does not exceed 50 micrograms per cubic meter of air, averaged over an 8-hour shift;
- Use engineering controls (such as water or ventilation) to maintain worker exposures below the PEL and use administrative controls and/or personal protective equipment (respirators) when engineering controls cannot adequately limit exposure; [1]
- Limit worker access to high exposure areas;
- Develop a written exposure control plan and train workers on silica risks and how to limit exposures;
- Make available, at no cost to the employee, medical exams —including X-rays and lung function tests—to monitor highly exposed workers and ensure that all medical exams and procedures required by the rule are performed by a physician or licensed health care professional (PLHCP); and
- Ensure the PLHCP explains to each worker the results of the medical examinations and provides written medical reports within 30 days of each medical exam performed; and
- Make and maintain accurate records of worker exposure measurements and medical examinations.
Both standards take effect June 23, 2016, after which industries have one to five years to come into compliance, based on the following schedule.
- Construction - One year to comply (June 23, 2017) with all requirements except the methods of sample analysis (June 23, 2018).
- General Industry and Maritime - Two years to comply (June 23, 2018) with all requirements except medical surveillance for employees exposed at or above the action level for 30 or more days a year (June 23, 2020).
- Hydraulic Fracturing - Two years to comply (June 23, 2018) with an additional three years to meet engineering control requirements (June 23, 2021).
Recommendations
We recommend that clients assess their exposure to crystalline silica and, if necessary, develop, implement, and make available for copying a compliant written exposure control plan. The written exposure control plan must include provisions for training workers on the risks associated with exposure to respirable crystalline silica and methods to limit exposure to the same. Employers should also take steps to ensure compliance with the remaining requirements of the rule.
ADP is committed to helping you meet your OSHA compliance and workplace safety challenges. For additional information about this or any other workplace safety compliance issue, please contact your ADP Risk & Safety Consultant.
[1] OSHA rules require employers who use respirators to implement a written respiratory protection program that establishes standard operating procedures for the use and maintenance of respiratory equipment.
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