osha’s respirable crystalline silica rule(s) standards – 1523.3 ... duration and frequency of...

Preparing for

OSHA’s Respirable

Crystalline Silica Rule(s)

for CONSTRUCTION

From a *General Contractor’s Perspective*Commercial Construction

ASSE 2018 Bay Area

Professional Development Conference (3/8/18)

▪ Introduction

▪ Learning Objective 1




▪ Questions

Agenda

▪ Self

▪ Group

– WHO is in the room?

– WHY are you in the room?

– Safety Professionals

• Insurance Industry

• Contractor

• Compliance (OSHA)

• Industrial Hygienists

Introduction

▪ Examine OSHA’s “new” Crystalline Silica

Regulation (from a General Contractors’ Perspective)

▪ Evaluate the Exposure Control Options available

within the regulation (and identify the pro’s/con’s thereof)

▪ Discuss Additional Emphasis Items (Medical

Surveillance, OSHA Inspections, Roles & Responsibilities)

▪ Summarize the myriad of Silica resources

available (and evaluate which one(s) may be right for your

situation)

Learning Objectives

▪ Examine OSHA’s “new” Crystalline Silica

Regulation (from a General Contractors’ Perspective)

– Now that OSHA is finally enforcing it, just exactly what are

we supposed to be doing?

– Precisely what are we responsible for?

– How are we going to do it? Efficiently and effectively…

First Learning Objective

Affected Regulations / Programs / Documents

▪ Federal OSHA Standards

– 1926.1153 - Respirable Crystalline Silica

– 1926.103 – Respiratory Protection

– 1910.1053 – Respirable Crystalline Silica

▪ EM 385-1-1

– 06.N Crystalline Silica

– 05.G Respiratory Protection

▪ Cal/OSHA Standards

– 1523.3 – Occupational Exposure to Crystalline Silica

▪ Safety Data Sheets

▪ Company Safety & Health Manual

– Respirable Crystalline Silica

– Respiratory Protection

– IIPP / Accident Prevention Plan

– Code of Safe Practices

▪ Project Safety Program

– Safety Orientation

– Safety Audits

– All-hands meetings

L.O. #1

Impact to our Industry

▪ Increased Cost $$$

– New equipment

– More equipment

– New methods / procedures

– Medical Surveillance (exams)

– Written Policy

– Competent Person (Silica)

– Training

▪ Increased Liability

– Multi-employer worksite

L.O. #1

What is Silica?

▪ 90% of the earth’s crust is made of Silicate

minerals

▪ Crystalline Silica (Free Silica)

– Dangerous to the human body

▪ Non-Crystalline Silica (Amorphous)

– Not crystalline

– Does not harm the human body

L.O. #1

Exposure to Respirable Crystalline Silica

▪ Overexposure to respirable crystalline silica may

cause:

– Lung cancer

– COPD

– Tuberculosis (TB)

– Kidney disease

– Immune system diseases

– Silicosis

▪ Acute vs. Chronic exposure

L.O. #1

What is Silicosis?

▪ An incurable, progressive lung disease

▪ Caused by overexposure to respirable silica

▪ Fibrosis or scar tissue develops in the lungs

– Decreases elasticity

– Prevents oxygen / carbon dioxide exchange

▪ Early stages may go unnoticed

▪ Prolonged exposure can lead to:

– Shortness of breath; Cough; Weakness

– Respiratory failure

– Death

L.O. #1

What Factors Influence Silicosis?

▪ Form of silica

▪ Content of crystalline free silica in dust

▪ Amount and kind of dust inhaled

▪ Relative size of inhaled particles

▪ Duration and frequency of exposure(s)

▪ Individual resistance

▪ Smoking habits

▪ Age

L.O. #1

Health Benefits of the New Rule

▪ OSHA estimates that once the effects of the rule

are fully realized, it will prevent:

▪ More than 600 deaths per year

– Lung Cancer 124

– Silicosis and other non-cancer lung diseases 325

– End-stage kidney disease 193

▪ More than 900 new silicosis cases per year

L.O. #1

Who / What is Affected?

▪ 2.3 Million Workers 1

– Construction: 2 Million

– GI/Maritime: 300,000

▪ 1.7 million U.S. workers are potentially exposed to

respirable crystalline silica 2

▪ 676,000 Establishments 1

– Construction: 600,000 (3 workers / establishment)

– GI/Maritime: 76,000 (4 workers / establishment)

Source 1. OSHA Directorate of Standards & Guidance Update, Spring 2016

Source 2. NIOSH Hazard AlertL.O. #1

Silica Deaths

▪ Every year more than 200* workers in the United

States die from silicosis (*conservative estimate)

▪ The construction industry accounts for

approximately 10% of silicosis-related deaths

▪ Not all silicosis-related deaths are properly

documented/recorded

L.O. #1

How Do We Generate Silica Dust*?

▪ Abrasive blasting

▪ Chipping, hammering, drilling, sawing, and grinding of concrete and masonry materials

▪ Demolition of concrete and masonry structures

▪ Dry sweeping or pressurized air-blowing of concrete dust (aka “Housekeeping”)

▪ Etc.

▪ Exposure can be to anyone in the area

L.O. #1*Respirable Crystalline Silca

When is Silica Dust Generated?

▪ Demolition Phase

▪ Foundation Phase (piles, pile caps, at-grade)

▪ Structural Phase (Precast / CMU / Decks / CIP)

▪ MEP Phase – anchors (inserts vs. drill-in)

▪ *Fireproofing / Sheetrock / Taping (sanding)

▪ Finishes – Tile, Stone, Pavers, Terrazzo

▪ Housekeeping / Clean-up

L.O. #1

Who Generates Silica Dust?

▪ Cement Masons, Plasterers, Bricklayers

▪ Stone & Marble Masons, Tile setters

▪ Terrazzo & Mosaic workers, Caulkers

▪ Laborers

▪ Ironworkers

▪ Electricians, Plumbers, Sheet Metal Workers

▪ Carpenters

▪ Operators

L.O. #1

2DustNotMyLungVideo

L.O. #1

*New Construction Standard

▪ All occupational exposures to respirable

crystalline silica are covered, unless employee

exposures will remain below 25 μg/m3 as an 8-

hour time weighted average (TWA) under

foreseeable conditions.

Compliance Schedule

Effective Date Enforcement Date

Construction June 23, 2016 June 23, 2017

General Industry June 23, 2016 June 23, 2018

L.O. #1

September 23, 2017

New Construction Standard

▪ The new standard (1926.1153) has provisions for:

– Written Exposure Control Plan

– Competent person

– Exposure control

– Respiratory protection

– Housekeeping

– Medical Surveillance

– Communication of silica hazards

L.O. #1

Written Exposure Control Plan

▪ “The employer shall establish and implement a

written exposure control plan that contains at

least the following”

– Description of tasks that that involve exposure to

respirable crystalline silica

– Controls, work practices, and respiratory protection

– Housekeeping measures

– Procedures to restrict access

L.O. #1

Competent Person

▪ A competent person must be designated to

make frequent and regular inspections of:

– The project

– Materials

– Equipment

▪ It is their responsibility to implement the written

exposure control plan

▪ Subcontractor Trade Partners must provide their

own competent person for their operations

L.O. #1

Employee Training / Communication

▪ The employer shall ensure that each employee covered by this section can demonstrate knowledge and understanding of at least the following:

– Health hazards

– Tasks that produce silica

– Measures to protect employees

– Identity of the competent person

– Purpose and description of the medical surveillance program

L.O. #1

Housekeeping

▪ Dry sweeping or dry brushing is not allowed

– Use alternative measures

• Sweeping compound

• HEPA-filtered vacuuming

• Other methods that minimize the likelihood of exposure

▪ Prior to re-opening an area, remove any silica

dust that was produced

– HEPA vacuuming

– Sweeping with sweeping compound (wet sweeping)

L.O. #1

▪ Evaluate the Exposure Control Options available

within the regulation (and identify the pro’s/con’s

thereof)

– What are my options?

– Which one is best for my particular situation?

– But I don’t have any self-performed work…?

Second Learning Objective

L.O. #2

Exposure Control (Compliance) Options

▪ OSHA’s new silica standard specifies Three

options to control respirable silica:

1. Table 1 (Pre-defined OSHA-approved engineering

controls)

2. Alternative Exposure Control (Exposure Assessment)

1. Performance Option (Objective Data)

2. Scheduled Monitoring Option (Self monitoring program)

L.O. #2

Option 1 - Specific Exposure Control

▪ The task must be identified in OSHA’s table 1

– Table 1 identifies the specific equipment/task

▪ We must “fully” and “properly” implement the

specific controls, work practices, and respiratory

protection

– This includes respirator training, fit tests, written

program, medical evaluations, etc. (1926.103)

– PEL does not apply if we do this

L.O. #2

Option 1 - Controls - Fully and Properly

▪ The mere presence of controls is not sufficient

– Controls must be:

• Present and maintained

• Operating properly

• Used appropriately

– Employees must understand the proper use of those

controls and use them accordingly

L.O. #2

Option 1 - Sample: Table 1

L.O. #2

Controls - Fully and Properly

L.O. #2

Example of working WITHOUT engineering

controls after 5 minutes of work

Courtesy of Hilit Corp. (DRS Catalogue)

Example of working WITH engineering controls

Respirators

▪ Use respirators:

– As a last resort (engineering controls first)

– When specified in Table 1 for entire length of the task

– When all feasible controls are in place but not sufficient to reduce exposure below the PEL

▪ Applies to all employees engaged in the task

▪ Users must be medically evaluated, fit tested, and trained

▪ A written program is required

L.O. #2

Assigned Protection Factors (APF)

APF

10

APF

50

L.O. #2

APF

10

APF

10

▪ Use the alternative exposure control (exposure assessment) when:

– Task is not identified in Table 1

– Employer does not “fully” and “properly” implement the engineering controls, work practices, and respiratory protection in Table 1

▪ PEL is 50 μg/m3 in an 8 hour time weighted average (TWA)

▪ Action Level is 25 μg/m3 in an 8 hour time weighted average (TWA)

Option 2 - Alternative Exposure Control

▪ 1. Performance Option (Objective Data):

– Exposures assessed using ANY combination of air

monitoring data or objective data:

• Must be sufficient

• Must accurately characterize employee exposure

• Must accurately resemble actual workplace conditions

(or worse)

– Objective data can be generated by a third party:

• Tool manufacturer

• Raw material supplier

• Research organization


▪ 1. Performance Option (Objective Data):



▪ 2. Scheduled Monitoring Option:

– Perform initial air monitoring to assess 8 hour TWA for

each shift, each job, each work area

Initial Monitoring Results and Action Required

Exposure below action level (25 μg/m3) Discontinue monitoring

Exposure above action level (25 μg/m3)

but below PEL (50 μg/m3)

Repeat monitoring within 6 months of

most recent monitoring

Exposure above PEL (50 μg/m3) Repeat monitoring within 3 months of


Repeat Monitoring (Non Initial) Results and Action Required

Exposure below action level (25 μg/m3) Repeat monitoring within 6 months of the

most recent monitoring until 2

consecutive measurements, taken at

least 7 days apart are below the action

level

Exposure above action level (25 μg/m3)

but below PEL (50 μg/m3)

Repeat monitoring within 6 months of


Exposure above PEL (50 μg/m3) Repeat monitoring within 3 months of




▪ Re-assess exposures when there is a change that could result in new or additional exposures:

– Production

– Process / work practices

– Control equipment

– Personnel

▪ Reassess when new or additional exposures at or above the action level (25 μg/m3) occur.


▪ Methods of Sampling and Results:

– Must be done by a qualified person and qualified

laboratory

– Provide employees and their representatives an

opportunity to observe monitoring

– Post the results in a common area within 5 days

– If an assessment indicates that exposure is above the

PEL, describe in writing the corrective action taken to

reduce exposure below the PEL


▪ Discuss Additional Emphasis Items (Medical

Surveillance, OSHA Inspections, Roles & Responsibilities)

– Wait a minute, you mean there is MORE to this new Silica

Regulation?

– Please make it S-T-O-P!

Third Learning Objective

L.O. #3

Medical Surveillance

▪ Covers workers required to wear a respirator 30

or more days per year (for silica)

– “Days” from previous employer do NOT count

▪ Initial exam (within 30-days of new assignment)

followed by periodic exam every 3 years

– Potentially more frequent, per doctor

recommendations

▪ Exam includes: medical and work history,

physical exam, chest X-ray, and pulmonary

function test, and TB test (initial exam only)

L.O. #3

Medical Surveillance

▪ Worker receives a report with detailed medical

findings, work restrictions, recommendations.

▪ Employer receives an opinion that only

describes limitations of respirator use.

– The employee can provide written consent to provide

additional information.

▪ No provision for Medical removal (at this time)

L.O. #3

OSHA Inspections (and what to expect…)

▪ Opening / Closing Conference

– Written Exposure Control plan, Competent Person

– Training records

– Medical Surveillance for Silica program

▪ Walk Around

– Equipment (DRS), proper use

– PPE (Respirators), proper use

– Access Control / signage

– “Visible Dust”

L.O. #3

YOUR Role & Responsibilities

▪ Estimating Department (Understand requirements)

– General Conditions (Housekeeping / Controls)

– Instructions to Bidders (Trade Partners)

• Scope / Spec Section / Activities

– Which Option (1, 2, 3) to control silica?

– Tools & Equipment + Processes / Competent Person

▪ Office Staff (Understand / enforce requirements)

– Subcontractor Trade Partners

– Written program / Competent Person designated

– Which Option (1, 2, 3) to control silica?

– Recordkeeping / documentation

L.O. #3

YOUR Role & Responsibilities

▪ Field Supervision (Understand / enforce requirements)

– Subcontractor Trade Partners

• AHA (Reference specific line item(s) from Table 1)

• Competent Person designated / present

• Tools & Equipment + Processes

– Clean-up (Self / Composite)

• Administrative Controls (Shift(s) / Signage / Barricades)

▪ Craft (Understand / enforce requirements)

– AHA – (Reference specific item(s) from Table 1)

– Tools & Equipment + Training

– Respirator (Training / Usage)

L.O. #3

Recordkeeping

▪ Air monitoring

▪ Objective data

▪ Medical records

– Respirator Program

– Silica Program

▪ Training records

▪ AHA’s / JHA’s / JSA’s / PTP’s / STA’s / ETC’s

▪ Written exposure control plan(s)

L.O. #3

▪ Summarize the myriad of Silica resources

available (and evaluate which one(s) may be right for

your situation)

– Wow, there is so much information, I don’t even know

where to start…

– If I do start, what should I start with first?

– I sure wish they had made it simple.

Fourth Learning Objective

L.O. #4

Where Can I Go for Additional Information?

▪ Federal Register (3/25/2016)

– Subpart Z 1926.1153 (15 pages)

▪ DOL Memo (10/19/2017)

– Interim Enforcement Guidance for the Respirable

Crystalline Silica in Construction Standard 29 CFR

1926.1153 (13 pages)

▪ U.S. Court of Appeals, D.C. (12/22/2017)

– Decision on Petitions for Review of a Final Rule of the

Occupational Safety & Health Administration (60 pages)

L.O. #4


▪ The Government (FEDERAL)

– OSHA: Silica Fact Sheets

• https://www.osha.gov/pls/publications/publication.athruz?pTy

pe=Industry&pID=192

– NIOSH: Respirator Resource page

• https://www.cdc.gov/niosh/topics/respirators/

L.O. #4

Table 1 Tasks Fact Sheets

1-per equipment/task

https://www.osha.gov/pls/publications/publication.athruz?pType=Industry&pID=192

https://www.cdc.gov/niosh/topics/respirators/


▪ The Government (STATE)

– DIR: Hazards of Silica in Construction etool

• https://www.dir.ca.gov/dosh/etools/08-019/sources.htm

L.O. #4

https://www.dir.ca.gov/dosh/etools/08-019/sources.htm


▪ Industry Organizations

– CPWR (The Center for Construction Research and Training)

– 2016 Silica Consortium (8/23/16) Industry Paper: https://www.hilti.com/content/dam/documents/pdf/w1/dust-

solutions/Silica%20White%20Paper%20updated%204.26.17.pdf

– Silica Safe.org (https://www.silica-safe.org)

▪ Manufacturers (Equipment / Products / Solutions / Data)

– Bosch - DeWalt - Hilti

– Milwaukee - Makita

L.O. #4

https://www.hilti.com/content/dam/documents/pdf/w1/dust-solutions/Silica White Paper updated 4.26.17.pdf

https://www.silica-safe.org/

▪ Manufacturers (Equipment / Products / Solutions / Data)


▪ Was this presentation helpful? Informative?

▪ Was it fun (enjoyable)?

▪ What are YOUR questions?

▪ Comments?

Questions / Comments

?’s

!’s

In Closing…

▪ Thank you for sharing your time with me.