Page 22 - Occupational Health & Safety, January/February 2020

CONSTRUCTION SAFETY
OSHA Silica Regulations One Year In: The Latest Developments and How Businesses Can Remain Compliant
It is well-known that airborne carcinogens cause various lung and kidney diseas- es and liver problems, and prolonged exposure can even result in various cancers. BY ANH-TAI VUONG
Silica exposure remains a serious threat to nearly 2 million U.S. employees working in conditions with high concentrations of gen-
1 eral airborne carcinogens.
Last year, OSHA took a stand and decided changes to respirable silica regulations were essential due to outdated limits on the occupational exposure limits (PEL’s) of airborne silica particles.
These changes were also put into effect to support employee wellbeing, with the aim to save up to 700 lives2 and reduce new silicosis cases by 1,600 per year.3
It is well-known that these dangerous inhalants cause various lung and kidney diseases, liver prob- lems and prolonged exposure can even result in vari- ous cancers.
With all these recent changes in regulation taking place, let’s look at how businesses are adapting to re- main compliant and prioritizing the health and safety of their employees.
The New Rules
The new regulations limit the PEL of airborne car- cinogens to “50 micrograms of respirable crystalline silica per cubic meter of air (μg/m3), averaged over an 8-hour day.”4 Anything above 25 micrograms is what is known as the “action level.” This is the level where work areas need to be assessed for potential health risks. The summary below lists some of the biggest silica regulation changes that were made last year:
■ Businesses need to restrict housekeeping prac- tices that expose workers to silica where feasible alter- natives are available.
■ Medical exams, including chest X-rays and lung function tests, are compulsory every three years for workers exposed to the OEL for 30 or more days a year.
■ Workers must be thoroughly trained on tasks that result in silica exposure and the best ways to limit exposure.
■ Those in charge of health and safety need to keep records of exposure measurements, objective data, and medical exams.
This is the lowest reasonable level that can be achieved with current engineering methods; however, even these levels don’t eliminate all the risks for your workforce.
Penalties
Employee health should be a top priority, and steps should be taken to limit airborne particles, in ad- vance, to avoid stricter penalties and maintain a healthy workforce.
Those who fail to comply with new regulations could face a minimum of $5,000 per offense, and fines can go up to $70,000 in the United States.
Consecutive days of non-compliance for certain guidelines warrants anywhere up to $7,000 per day. Subcontractors are typically penalized similarly to primary contractors under the same safety standards.
Penalties can be mitigated as soon as compliance is reached, so taking the necessary steps to rectify prob- lem areas promptly and properly will mean recurring fines won’t build up.
However, in some circumstances, OSHA has limit- ed enforcement power. For example, it has no author- ity to issue citations to self-employed subcontractors (with no employees). In these cases, it is up to contrac- tors and individuals to ensure these standards are met in their contractual agreements.
Mistakes Are Still Being Made
Despite OSHA’s bid for increased compliance it has still recorded a total of 117 violations in the U.S. so far since stricter penalties came into play. Roughly 80 percent5 of these were considered “serious” resulting in hefty fines.
18 Occupational Health & Safety | JANUARY/FEBRUARY 2020
www.ohsonline.com
Joe Belanger/Shutterstock.com