osha’s respirable crystalline silica rule(s) standards – 1523.3 ... duration and frequency of...
TRANSCRIPT
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
▪ Learning Objective 2
▪ Learning Objective 3
▪ Learning Objective 4
▪ 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
*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
Example of working WITHOUT engineering
controls after 5 minutes of work
Courtesy of Hilit Corp. (DRS Catalogue)
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
▪ 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
Option 2 - Alternative Exposure Control
Option 2 - Alternative Exposure Control
▪ 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
most recent monitoring
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
most recent monitoring
Exposure above PEL (50 μg/m3) Repeat monitoring within 3 months of
most recent monitoring
Option 2 - Alternative Exposure Control
▪ 2. Scheduled Monitoring Option:
▪ 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.
▪ 2. Scheduled Monitoring Option:
▪ 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
Option 2 - Alternative Exposure Control
▪ 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
Where Can I Go for Additional Information?
▪ 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
Where Can I Go for Additional Information?
▪ The Government (STATE)
– DIR: Hazards of Silica in Construction etool
• https://www.dir.ca.gov/dosh/etools/08-019/sources.htm
L.O. #4
Where Can I Go for Additional Information?
▪ 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
▪ Manufacturers (Equipment / Products / Solutions / Data)
Where Can I Go for Additional Information?
▪ Was this presentation helpful? Informative?
▪ Was it fun (enjoyable)?
▪ What are YOUR questions?
▪ Comments?
Questions / Comments
?’s
!’s