NEW OSHA Regulations - Respirable Crystalline Silica

The OSHA regulations concerning respirable crystalline silica on the job site have been written for some time. OSHA is scheduled to begin enforcing the rules September 23rd. Below is a summary of the new standard and who may be involved.

What the new regulations mean is if a contractor engages in activities that create silica dust — that is, respirable crystalline silica — such as cutting, grinding or blasting materials like concrete, stone and brick and asphalt to name a few of the building materials that may contain silica, must meet a stricter standard for how much of that dust workers inhale. The same goes for employers of tradespeople working around such activities. The new standard also specifies what services employers must make available to workers who are exposed to high levels of silica dust and the training required of those who are at risk.

Inhaling silica dust can lead to silicosis, an incurable lung disease that can be fatal if severe enough. Those with too much silica exposure can also develop lung cancer, kidney disease and chronic obstructive pulmonary disease.

The existing standard requires that silica dust particles, which are 100 times smaller than sand granules, be limited to 250 micrograms per cubic meter of air over an average of eight hours — the hours of a typical work shift. The new standard reduces that to 50 micrograms over the same time period. Those who do not comply with the new standard will be subject to a maximum fine of $12,675 for a serious or other-than-serious violation; $12,675 per day past the abatement date for a failure-to-abate violation; and $126,749 for a repeated or willful violation.

What implementation entails

OSHA has been on the receiving end of pressure from construction industry groups that claim the standard’s cost of implementation and technological limitations will put too big a burden on contractors. They also argue that some parts of the standard — like measuring the new exposure limit — are nearly impossible to implement.

In addition to the exposure limits, the new rules require contractors to:

1. Develop a written silica exposure control plan.

2. Designate someone to implement the plan.

3. Adjust housekeeping practices to maximize control of silica dust.

4. Provide medical exams every three years to employees who are exposed to silica to the point of having to wear a respirator for 30 days or more each year. The exams must include lung-function tests and chest X-rays.

5. Train workers on how to limit exposure to silica.

6. Keep records of workers’ silica exposure and related medical treatment.

Implementing the new rules requires an initial assessment of how much silica dust a company’s operations generate. If the reading falls below the level of 25 micrograms, then the company is not required to provide medical tests, develop a written plan or undertake any of the suggested engineering controls. The latter include wearing respirators and either wetting work down with tools like a wet saw or using a vacuum device to reduce the volume of dust.

General contractors take the lead

The new regulations have the potential to make life harder for general contractors. OSHA is particularly concerned about subcontractors who might expose workers from other trades to the silica dust they generate. This means electricians, for example, could be exposed to dust even though they don't create it themselves through their operations. General contractors could be left bearing the responsibility of making sure all subcontractors comply with the new standard. For all the focus on the new rule's objectives, OSHA gives no step-by-step instructions to fulfilling its requirements.

Getting help understanding the rules

OSHA does offer on their website a free silica exposure handbook, “Small Entity Compliance Guide”. Additionally, before the silica rule goes into effect, OSHA is expected to publish a compliance officer guidebook, which will also be downloadable and free. That document will explain what a compliance officer will look for and why they will issue a citation.