Page 33 - Occupational Health & Safety, February 2018

OSHA had been working on amending its silica rulemaking since at least 2003 and has developed this final rule based on an extensive review of peer-reviewed scientific evidence and current industry consensus standards.
The agency estimates that the new rule will save more than 600 lives and prevent more than 900 cases of silicosis each year.
How Will the Final Rule Impact Your Organization?
This final rule requires covered employers to assess employee exposures to silica if it may be at or above an action level of 25 micrograms of silica per cubic meter of air averaged over an 8-hour work day.
In addition, the rule has lowered the permissible exposure limit (PEL) for re- spirable crystalline silica to 50 micrograms per cubic meter of air averaged during an 8-hour work day. This PEL is now consis- tent with the limit recommended by the National Institute for Occupational Safety and Health (NIOSH) in 1974.
Under the new rule, employers also are required to limit access to high exposure areas, develop written control plans, and provide workers with respiratory protec- tion when controls cannot adequately limit exposures to the action level. In addition, employers also must offer medical exams every three years to workers who are re- quired to wear respirators. Records of med- ical exams and exposure measurements also must be kept and maintained.
Finally, employers must provide train- ing to educate workers on the types of ac- tivities that result in silica exposure and the ways in which it can be limited.
What Training Should Employees Receive on Crystalline Silica? OSHA’s training requirements under the new rule are performance-based. This means that during an OSHA investigation, employees should be able to demonstrate knowledge and understanding of the fol- lowing topics:
■ Health hazards associated with ex- posure to crystalline silica
■ Workplace tasks that can result in exposure
■ Steps their employer has taken to protect employees from exposure, includ- ing controls, work practices, and the use of
respiratory equipment
■ Sections of the rule that are imme-
diately pertinent to either the maritime in- dustry and general industry, or to the con- struction industry
■ The purpose of the medical surveil- lance program
Workers in the construction industry also must be able to identify the compe- tent person designated by their employer to implement their organization’s written control plan.
OSHA expects that on average, a full hour of training will be needed for all cov- ered workers. While the final rule does not require employers to maintain records of employee training, organizations may still decide to implement systems to track train- ing in order to confirm that all workers have been properly trained.
What Employers Are Exempt from Complying With the Rule?
Employers who have established that the silica in their workplaces stays beneath cer- tain levels are exempt from the new silica rule. For example, the rule does not apply to employers in the general, maritime, or construction industries that have objective data demonstrating that workers’ exposure to respirable crystalline silica will remain below 25 micrograms per cubic meter aver- aged during an employee’s 8-hour work day.
However, according to OSHA, if low exposure levels are achieved through con- trols, then the exemption does not apply.
When Did the Rule Take Effect?
Both standards contained in the final rule took effect on June 23, 2016.
Enforcement for the construction in- dustry’s standard began on Sept. 23, 2017, after a three-month delay. However, OSHA granted employers acting in good faith an additional 30 days to implement the stan- dard’s requirements.
Enforcement for the general industry and maritime standard is currently set to begin on June 23, 2018.
However, in a special case, hydraulic fracturing (fracking) operations in the oil and gas industry will have until June 23, 2021, to implement controls to limit expo- sures to the new PEL. From June 23, 2018, to June 23, 2021, hydraulic fracturing em- ployers can continue to have employees
use respirators when exposures exceed the PEL. This extension was granted because controls for exposure in hydraulic fractur- ing are still under development, partly due to emerging technologies.
What Does the Future Hold?
While a number of labor and industry groups have praised the new rule, critics have expressed concerns that it will be cost- ly for organizations to implement. Some industry groups have also argued that the rule does not go far enough in protecting workers from exposure and have advocated for a PEL of 25 micrograms per cubic meter of air or lower.
On April 11, 2016, OSHA notified the U.S. Judicial Panel on Multidistrict Litiga- tion that seven petitions requesting a re- view of the final rule were filed in six courts of appeals. These petitions have since been consolidated into a single lawsuit.
Although the outcome of this consoli- dated lawsuit is still pending, on Nov. 15, 2017, during Secretary of Labor Alexander Acosta’s first appearance before the U.S. House Committee on Education and the Workforce, he indicated that the involved parties are approaching a resolution. He also added that the 30-day extension that the agency provided to construction em- ployers was partly granted to assist organi- zations until a verdict could be reached, but added that the parties “were a little late at coming back to the table.”
As it stands, enforcement of the general industry and the maritime industry’s silica standard is still set to begin on June 23, 2018. However, it’s possible that the Trump administration may seek a delay depending on its experiences with enforcing OSHA’s standard on the construction industry. Employers in general industry and in the maritime industry should continue to look for any forthcoming updates related to the final rule and its legal challenges but should also be prepared in case enforcement be- gins as planned in 2018.
Clare Epstein is Chief Operating Officer of IndustrySafe, Inc. and oversees IndustrySafe Safety Management Software, https://www. industrysafe.com/. Numerous organizations throughout the United States utilize Indus- trySafe’s Training module to deliver, track, and analyze their workforce’s safety training.
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