New Silica Law To Hit Employers This Month
Having been in development for more than 15 years, the Final Rule for the Occupational Exposure to Crystalline Silica is expected to cut the current exposure limits up to one-fifth of the current limit. OSHA (Occupational Safety and Health Administration) reviewed in excess of 2,000 comments on the proposed silica rule two years ago and is now reviewing material in the rulemaking record.
Although it will not be publicly known what is in the final standard until its expected release this month, it will probably closely follow the recent silica proposed standard in the following six critical areas:
1. Monitoring & Assessment
Employers may be required to provide exposure monitoring to workers who may reasonably be expected to have exposure to respirable crystalline silica at or above the Action Level (25?g/m³ time-weighted average over 8 hours). Workers exposed at or above the Action Level would require exposure monitoring every six months, and would require exposure monitoring every three months if the initial monitoring indicates worker exposures at or above the PEL (50?g/m³). To put this into perspective, the new PEL would cut in half the current 100?g/m³ limit currently in place for general industry, and would be one-fifth the 250?g/m³ limit currently set for construction and shipyards.
2. Regulated Areas / Access Control Plan
Employers may be expected to be required to establish and implement either a regulated area or an access control plan whenever a worker’s exposure to respirable crystalline silica is, or can reasonably be expected to be, in excess of the PEL of 50?g/m³.
3. Engineering / Administrative Controls
Employers may be expected to be required to establish and implement engineering and administrative controls, such as local and/or general exhaust ventilation and wet cutting whenever reasonably feasible. Engineering and Administrative methods to control exposures to crystalline silica would be implemented prior to devising a respiratory protection solution as personal protection.
4. Protective Work Clothing / Respiratory Protection
Employers may be required to provide appropriate protective clothing such as coveralls or similar full-bodied clothing when there is a potential for workers’ work clothing becoming contaminated with crystalline silica. Employers may also be required to provide respiratory protection when workers may be exposed to silica near the established PEL or during periods when the worker is in a regulated area.
5. Medical Surveillance
Employers may likely be required to provide medical surveillance at no cost for each worker who will be occupationally exposed to respirable crystalline silica above the PEL for 30 or more days per year. OSHA’s proposed silica rule said the medical surveillance requirement would include a medical examination within 30 days after initial assignment and periodic medical examinations at least every three years or more.
6. Hazard Communication and Training
Employers may be required to communicate and train workers on the hazards associated with crystalline silica under the Hazard Communication Standard, 29 C.F.R. § 1910.1200, and ensure that each worker has access to labels on containers of crystalline silica and safety data sheets.
Should the new silica rule become implemented, it would likely be enforceable within 90 to 180 days after it becomes final.
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