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OSHA finalizes its crystalline silica exposure rule

In the March 25, 2016 issue of the Federal Register, the Occupational Safety and Health Administration (OSHA) unveiled its finalized rule on occupational exposure to crystalline silica.

The final rule creates a lower permissible exposure limit (PEL) of 50 μg/m3 as an 8-hour time-weighted average (TWA) for all industries. In addition to the lower PEL, OSHA has set standards for exposure assessment, methods for controlling exposure, respiratory protection, medical surveillance, hazard communication, and record keeping.

crystallinesilicaexposure-min

OSHA created two standards: one standard covers general industry and maritime, while another covers construction. Although tailored for their respective industries, the two standards have many common elements. The final rule does not cover occupational exposure to respirable crystalline silica in agricultural operations.

Under the new rule, general industry and maritime workers with exposure to silica where the employer has objective data demonstrating that the exposure will remain below 25 μg/m3 as an 8-hour TWA under any foreseeable conditions are not regulated under the standard. Employee exposure in construction that will remain below 25 μg/m3 as an 8-hour TWA under any foreseeable conditions are also excluded. OSHA is also excluding exposures resulting from the processing of sportive clays.

The final rule differs in many ways from the proposed rule. Some of the major changes include:

  • Employers in construction who fully and properly implement the controls listed in Table 1 are not separately required to comply with the PEL, and are not subject to provisions for exposure assessment and methods of compliance. Table 1 has also been revised heavily since the proposed rule.
  • The final rule does not require protective clothing to address worker exposure to respirable crystalline silica.
  • The final rule permits the use of compressed air, dry sweeping, and dry brushing when cleaning clothing or contaminated surfaces in certain situations.
  • Employers must create a written exposure control plan under the final rule, which was not originally required in the proposed rule. In the construction standard, employers must have a competent person implement the written exposure control plan.
  • General industry and maritime employers must establish regulated areas wherever exposure exceeds the PEL.
  • Construction employers do not have a specific requirement for regulated areas, but the written exposure control plan requires procedures to restrict access to work areas to minimize the number of employees exposed to respirable crystalline silica.
  • General industry and maritime employers must provide medical surveillance for employees exposure to silica at or above the action level of 25 μg/m3 as an 8-hour TWA for 30 or more days per year. Construction employers must provide medical surveillance for workers required to use respirators for 30 or more days per year.

The effective date for both standards is June 23, 2016. For general industry and maritime, employers must comply with all requirements within two years of the effective date, with two exceptions: the engineering controls commences five years after the effective date for hydraulic fracturing operations in the oil and gas industry; and the medical surveillance requirements commences two years after the effective date for employees exposed above the PEL, and four years after the effective date for employees exposed at or above the action level.

For construction, all requirements must be met within two years of the effective date, except for certain requirements for laboratory analysis, which commences two years after the effective date.

Sources:

OSHA, Final rule, Occupational exposure to respirable crystalline silica, 81 FR 16285, March 25, 2016

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