Crystalline Silica Update on OSHA Proposed Rule OSHA Final Rule New Permissible Exposure Limits (PELs)

Transcription

1 Crystalline Silica Update on OSHA Proposed Rule OSHA Final Rule New Permissible Exposure Limits (PELs) Robert Lieckfield, Jr., CIH Director, HSE Laboratory Services Bureau Veritas North America, Inc. Michigan Safety Conference DeVos Place Grand Rapids, MI April 20, 2016

2 Agenda Overview of Silica and Uses Health Effects Current Silica Standards (until June 23, 2016) Background of Rulemaking New Standard Key Points Next Steps Next Steps Michigan Is the Debate Over? 2

3 Overview of Silica and Uses 3

4 What is Silica? Inorganic compound consisting of silicon (Si) and two oxygen (O) atoms SiO 2 Natural component of sand, rock, and clay Tetrahedron structure, two silicon atoms and four oxygen atoms Multiple atomic orientations Amorphous [unordered (random) orientation] Crystalline (ordered orientation) Crystalline silica is classified as a human carcinogen by the International Agency for Research on Cancer (IARC) 4

5 Where is Silica Found? Amorphous nuisance dust Quartz glass Vitreous glass Fused silica Opals Crystalline carcinogen Sand Mortar Concrete Abrasive Porcelain Paints Bricks 5

6 Uses of Silica Glass and porcelain Optical fibers for telecommunications Production of elemental silicon used in electronics Sand casting for manufacturing of metallic components Food additive Concrete and mortar Polishing and cutting Sandblasting Electrical insulators Toothpaste High-temperature thermal protection fabric Paints Brick Aggregates 6

7 Polymorphs of Crystalline Silica Various orientations of silicon and oxygen atoms (SiO 2 ) α-quartz Most common Cristobalite Formed at high temperatures (1400⁰C) Foundry processes, brick manufacture, ceramics Tridymite Common in volcanic rock Very rare in workplace 7

8 Industrial Operations Potential Crystalline Silica Exposures General Industry Abrasive blasting Manufacturing Cement and brick Asphalt/pavement China and ceramics Steel and foundry industries Construction Industry Abrasive blasting Tuck Pointing Jackhammering Rock/well drilling Concrete mixing and drilling Brick and concrete cutting Quarry work and tunneling 8

9 Health Effects 9

10 Silica Health Effects Silicosis and other dust related diseases have probably existed since man began to dig into the earth s crust NIOSH 1974 Silica was a cruelly efficient killer of stonecutters in the 17 th century. Slicing through the worker s lung during necropsy (autopsy) was like cutting a mass of sand Dutch Physician 1672 Silenced 19 th century sandstone masons in England before they reached their age Working to Death, Hopkins, Jameel, Morris 10

11 Silica Health Effects Pneumoconiosis Occupational lung disease caused by inhalation of dust 260,000 deaths recorded in 2013 Silicosis Primary health effect associated with inhalation of respirable crystalline silica Progressive fibrosis caused by deposition of respirable particles Irreversible 46,000 deaths attributed in 2013 Lung cancer Chronic obstructive pulmonary disease (COPD) Kidney disease 11

12 Silicosis Mortality 1968 to 2010 Number of deaths, crude and age-adjusted death rates, U.S. residents age 15 and over National Center for Health Statistics, National Vital Statistics System, September

13 Current Silica Standards 13

14 Current OSHA Silica Standard General Industry Current PEL based on research from 1960s Actually a PEL for respirable dust PEL Respirable Dust using a sliding scale based on percent of crystalline silica in respirable particulate Equivalent to 100 µg/m 3 (100% silica) OSHA Fact Sheet: OSHA s Proposed Crystalline Silica Rule Overview 14

15 General Industry Calculation of Particulate PEL for Dust Containing Crystalline Silica Respirable Dust PEL (mg/m 3 ) = 15

16 General Industry Calculation of Respirable Particulate PEL Dust Containing Crystalline Silica No crystalline silica in dust Respirable Dust PEL (mg/m 3 ) = 10/2 = 5 mg/m 3 16

17 General Industry Calculation of Respirable Particulate PEL Dust Containing Crystalline Silica 10% crystalline silica in dust PEL (mg/m 3 ) = 10/12 = 0.83 mg/m 3 17

18 Current OSHA Silica Standard Construction and Maritime Construction PEL (mppcf): Current PEL based on research from 1960s Also a PEL for respirable dust containing crystalline silica Sampling and analytical method not commonly used for 40+ years Allows 2X the level of General Industry ~240 µg/m 3 [conversion from Millions of Particles per Cubic Feet (mppcf)] 1 mppcf = 0.1 mg/m 3 OSHA Fact Sheet: OSHA s Proposed Crystalline Silica Rule Overview 18

19 Sampling Method Millions of particles per cubic foot (mppcf) Impinger Sampling Standard procedure for sampling and counting dust adopted by the ACGIH in 1942 Ref: American Industrial Hygiene Journal; pg. 550, Nov Dec

20 Laboratory Method Millions of particles per cubic foot (mppcf) Laboratory Analysis Particle count using optical microscopy Sedgwick-Rafter cell and Whipple Disc Konimeter Bausch & Lomb 20

21 Construction Industry Calculation of Crystalline Silica PEL Construction PEL (mppcf): Convert Respirable Dust TWA to Million particles per cubic foot (mppcf) 21

22 Construction Industry Example Calculation Respirable Dust = 1.05 Percent Quartz = 55% Exposure: Construction Respirable Dust PEL: = 4.2 Exposure (10.5 mppcf) > PEL (4.2 mppcf) 22

23 Summary of Silica Rulemaking 23

24 Summary of Silica Rulemaking In absence of effective specific treatment for silicarelated diseases, the only approach remains primary prevention, i.e., control of exposure to respirable silica Official statement of the American Thoracic Society on adverse effects of crystalline silica exposure OSHA Fact Sheet: OSHA s Proposed Crystalline Silica Rule Overview Affects 2.3 million workers 2 million in Construction Industry 0.3 million in General Industry U.S. Department of Labor Press Release March 24,

25 Timeline for Rulemaking Action Date Current PEL 1971 National Emphasis Program 1996 New Standard Small Business Regulatory Enforcement Fairness Act (SBREFA) 2003 Peer Review of Health Effects and Risk Assessment Notice of Proposed Rulemaking (NPRM) 9/2013 NPRM Comment Period 10/2013 2/2014 Public Hearings (14 days) 3/2014 4/2014 Post Hearing Briefs 8/2014 Overall Comment Period ~29 months Final Rule Announced March 24, 2016 Final Rule Published March 25,

26 Statistics Hearings on Silica Standard 2,000 public submissions 34,000 pages of materials 14 days of public hearing 4,400 pages of testimony 200 stakeholders 70 organizations USDOL Crystalline Silica Rulemaking 26

27 Benefits and Costs Expected to prevent thousands of deaths from silicosis, lung cancer, other dust related respiratory disease Prevent 600 deaths per year attributed to silica exposure Prevent 900 new cases of silicosis per year Financial Benefit and Compliance Costs Net benefits = $7.7 billion/year Potential costs (stakeholders) = $640 million/year $1,250/year for the average workplace $550/year for workplace <20 employees No discernable impact on total US Employment U.S. Department of Labor Press Release March 24,

28 OSHA Silica Standard 28

29 OSHA Silica Standard More than 80 years ago, Labor Secretary Frances Perkins identified silica dust as a deadly hazard and called on employers to fully protect workers U.S. Secretary of Labor Thomas Perez in statement on Final Rule March 24, 2016 OSHA Fact Sheet: OSHA s Proposed Crystalline Silica Rule Overview 29

30 Two Standards OSHA Silica Standard 1. General Industry and Maritime 29CFR Construction 29CFR Both take effect June 23, 2016 Key provisions pages to

31 OSHA Silica Standard General Industry and Maritime Compliance within 2 years (June 23, 2018) Does not apply to exposures (agricultural) that result from processing sorptive clays Consumer products (e.g. pet litter) Industrial applications (e.g. landfill sealants) Hydraulic Fracturing has 2 years to be compliant and an additional 3 years (5 years total) to implement engineering controls (June 23, 2021) 31

32 OSHA Silica Standard Construction Compliance within 1 year (June 23, 2017) Exposure monitoring within 2 years (June 23, 2018) Written Exposure Control Plan Competent person to implement plan Restrict access to work areas 18 Exposure Control methods Table 1 Specified Exposure Control Methods Incorporate in lieu of PEL 32

33 OSHA Silica Standard Construction Table 1 Specified Exposure Control Methods (p ) Stationary masonry saws Handheld power saws Handheld power saws cutting fiber-cement board Walk-behind saws Drivable saws Rig mounted core saws or drills Handheld and stand mounted drills Dowel drilling rigs concrete Vehicle mounted drilling rigs rock and concrete Jackhammers and handheld chipping tools Handheld grinders for mortar removal Handheld grinders for other uses Walk behind milling machines and floor grinders Small drivable milling machines Large drivable milling machines Crushing machines Heavy equipment used for abrading or fracturing Heavy equipment for grading and excavating 33

34 OSHA Silica Standard General Provisions 8-hour Time Weighted Average PEL 50 micrograms/cubic meter (µg/m 3 ) Action Level 25 micrograms/cubic meter (µg/m 3 ) Requirements for Exposure assessment Written Exposure Plan Limiting access to areas of potential silica exposure Engineering controls Respirator use Medical surveillance Training/Hazard communication Recordkeeping 34

35 OSHA Silica Standard Exposure Assessment Initial Compliance Initial exposure monitoring of employees who are, or may reasonably be expected to be, exposed to crystalline silica Exposures assessed within 12 months of Compliance Date Objective data that exposures are at or below the Action Level 25 µg/m 3 Compliance for construction employers through specified controls in lieu of exposure monitoring 35

36 OSHA Silica Standard Exposure Assessment Ongoing If above PEL scheduled Exposure Assessment Program at least every 3 months If above Action Level scheduled Exposure Assessment Program at least every 6 months Discontinue when 2 consecutive measurements, 7 days apart are less than Action Level Reassess if changes to production, process, control equipment, personnel, or work practices could produce exposures greater than Action Level 36

37 Written Exposure Control Plan Available to employees, reviewed annually and updated as necessary Must include: OSHA Silica Standard General Provisions A description of the tasks in the workplace that involve exposure to respirable crystalline silica A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica 37

38 OSHA Silica Standard General Provisions Regulated Area Posting DANGER RESPIRABLE CRYSTALLINE SILICA MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS WEAR RESPIRATORY PROTECTION IN THIS AREA AUTHORIZED PERSONNEL ONLY Employees MUST wear respiratory protection when entering a regulated area Employees MUST be in the respiratory protection program to wear respiratory protection 38

39 Housekeeping OSHA Silica Standard General Provisions No dry sweeping or dry brushing unless wet sweeping or HEPA vacuums are not feasible No compressed air to clean clothing or surfaces unless used in conjunction with a ventilation system that captures the dust 39

40 OSHA Silica Standard General Provisions Medical Surveillance (Appendix B both standards) Exposures greater then Action Level (25 µg/m 3 ) for more than 30 days per year Medical Exam Baseline Respiratory system Chest X-ray Pulmonary function Latent tuberculosis Periodic exams (at least every 3 years) Must be performed by a Physician or other licensed health care professional (PLHCP) 40

41 OSHA Silica Standard General Provisions Medical Surveillance By June 23, 2018, required to be offered to employees with occupational exposure to respirable crystalline silica above the PEL for 30 or more days per year By June 23, 2020, required to be offered to employees with occupational exposure to respirable crystalline silica at or above the action level for 30 or more days per year For Construction, medical surveillance requirements begin June 23,

42 Training Health hazards OSHA Silica Standard General Provisions Specific tasks in the workplace that could result in exposure to respirable crystalline silica Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used The contents of the standard Identity of the competent person Medical surveillance program 42

43 OSHA Silica Standard General Provisions Recordkeeping The date of measurement for each sample taken The task monitored Sampling and analytical methods used Number, duration, and results of samples taken Identity of the laboratory that performed the analysis Type of personal protective equipment worn by the employees monitored Name, social security number, and job classification of all employees represented by the monitoring, indicating which employees were actually monitored 43

44 Sampling Exposures to Respirable Particulate 44

45 Particle Size Exposure Inhalable Thoracic Respirable SKC Presentation 45

46 Particle Size Profile Respirable Visible Inhalable 46

47 Sampler Specification Sampler Performance Specification uses the convention of the 50% Cut Point Cut Point is the particle size that a device can collect with 50% efficiency Particles smaller than 50% cut point are collected with greater efficiency Particles larger than 50% cut point are collected with less efficiency BGI Cyclone Higgins Dewell Cyclone Dorr Oliver Cyclone 47

48 OSHA Silica Standard Sampling Respirable particles determined by a sampling device Respirable particle size selective samplers meeting International Organization for Standardization (ISO) 7708: µm 50% Cut Point (Previous OSHA Standard 3.5 µm) International Organization for Standardization (ISO) 7708:1995 Air Quality Particle Size Fraction Definitions for Health-related Sampling 48

49 Sampler Cut Points 3.5 Cut Point ISO Cut Point 49

50 OSHA Silica Standard Sampling Size Selective Samplers that meet ISO 7708:1995 specifications Sampler Flowrate LPM Dorr-Oliver 10 mm nylon 1.7 Reference OSHA ID-142 NIOSH 7500 Higgins Dewell 2.2 NIOSH 7500 Aluminum cyclone (25 and 37 mm) BGI GK 2.69 (25 and 37 mm) 2.5 OSHA Final Rule 4.2 OSHA Final Rule SKC GS 2.5 OSHA Final Rule SKC PPI (Parallel Particle Impactor) 2, 4, or 8 OSHA Final Rule 50

51 OSHA Silica Standard Sampling Important Note High flow rate samplers provide easier attainment of OSHA PEL through higher air volumes Analytical methods have maximum loading of ~2 mg of dust. Higher loadings must be fractionated before analysis +$$ 51

52 OSHA Silica Standard Sample Analysis Laboratory Qualification Laboratory Accredited to ISO (AIHA LAP Accreditation meets this requirement) Analytical Methods OSHA ID-142 (X-ray Diffraction) NIOSH 7500 (X-ray Diffraction) NIOSH 7602 (Infrared) NIOSH 7603 (Infrared) MSHA P-2 (X-ray Diffraction) MSHA P-7 (Infrared) 52

53 X-ray Diffraction Capable of separating the three polymorphs of crystalline silica (SiO 2 ) α-quartz Cristobalite Tridymite (dropped from OSHA method) Angle of Diffraction X-ray Source Sample 0 53

54 Infrared Spectrophotometry Analysis of total crystalline silica Relies on molecular structure and chemical bonds for identification Cannot directly determine the polymorphs of crystalline silica 54

55 Calculation of Non-detectable Quantities X-ray Diffraction Method Mathematical treatment of non-detected polymorphs (quartz, cristobalite, and tridymite) AIHA LAP accreditation policy requires a non-detectable quantity reported as a less than value Example: 30 µg quartz + <10 µg cristobalite + <10 µg Tridymite 50 µg silica (assumes < as a positive value) 30 µg silica (assumes < as a zero value according to OSHA laboratory) 40 µg silica (assumes < as ½ value) 55

56 Next Steps 56

57 Workers Exposed Industry Sector Workers Exposed Workers Exposed Above New PEL Percent Above PEL Asphalt Roofing Materials 3,158 1,410 45% Concrete Products 32,981 9,391 28% Cut Stone 9,429 5,243 56% Dental Laboratories 31, % Foundries 34,591 12,173 35% Jewelry 6,772 2,434 36% Porcelain Enameling 4,113 1,654 40% Pottery 6,269 2,496 40% Railroads 16,895 5,340 32% Ready Mix Concrete 27,123 19,941 74% Shipyards 3,038 2,228 73% Structural Clay 7,893 3,198 41% Oil and Gas 16,960 11,207 66% OSHA Fact Sheet OSHA Directorate of Standards and Guidance 57

58 Next Steps Determine which of the two Standards (1) General Industry and Maritime and (2) Construction is applicable 29CFR (General Industry) 29CFR (Maritime) 29CFR (Construction) Assess exposure to anyone who is reasonably expected to be exposed to respirable crystalline silica Determine employee exposure levels >50 µg/m 3 (PEL) <50 µg/m 3 and >25 µg/m 3 (Between PEL and Action Level) <25 µg/m 3 (Below Action Level) Exposure data must be within 12 months of the compliance date of the Standard 58

59 If >50 ug/m 3 (PEL) Next Steps 1. Establish exposure assessment schedule of at least every 3 months. Discontinue if 2 consecutive exposure measurements at least 7 days apart show exposures <25 µg/m 3 2. Written employee notification within 15 days of exposure assessment with description of corrective action plan to reduce exposures below PEL 3. Establish either a Regulated Area or Access Control Plan Regulated Area Demarcation from rest of work space Access Control Plan Authorized persons Respirators (along with respirator plan) Protective clothing (coveralls)/changing areas Written access control plan (annual update) Employee notification of controlled access areas 4. Medical Surveillance 59

60 Next Steps If >25 µg/m 3 (Action Level) and <50 µg/m 3 (PEL) Establish exposure assessment schedule of at least every 6 months Discontinue if 2 consecutive exposure measurements at least 7 days apart show exposures <25 µg/m 3 Medical Surveillance If <25 µg/m 3 (Action Level) No action necessary 60

61 Next Steps Understand and implement Exposure assessment (as discussed previously) Control access to areas of potential silica exposure Engineering controls Medical surveillance and exams Training Hazard communication Recordkeeping If in doubt, engage an Industrial Hygiene professional well versed on Silica Standard 61

62 State of Michigan Regulations Crystalline Silica 62

63 Current State of Michigan Regulations Crystalline Silica General Industry Respirable Amorphous Silica (<1% crystalline silica): 6 mg/m 3 Respirable quartz: 100 µg/m 3 Respirable cristobalite: 50 µg/m 3 Respirable tridymite: 50 µg/m 3 Construction Industry Sliding scale based on percent of crystalline silica in respirable particulate Equivalent to 100 µg/m 3 (100% silica) 63

64 Next Steps Michigan State of Michigan specific exposure limits for crystalline silica are not as stringent as the new Federal regulation Michigan will have 6 months to adopt the Federal OSHA Silica PELs or establish more stringent State limits Michigan can either adopt it fully or Michigan-ize it Expect Michiganization to be a straight adoption of the Federal OSHA rule Therefore, recommend that Michigan employers consider preparing for Federal OSHA rule 64

65 Impact How many expect the new standard to impact your operations? Increase in exposure sampling? Increase in medical surveillance? Implementing engineering control? Creating access control plans? 65

66 OSHA Fact Sheets Resources OSHA s Crystalline Silica Rule: General Industry and Maritime OSHA s Crystalline Silica Rule: Construction Frequently Asked Questions Workers Exposure to Respirable Crystalline Silica: Final Rule Overview 66

67 End of the Debate on Silica? Industry has already challenged the final rule Congress has two approaches to get involved 1. Use of the Congressional Review Act to override the final rule If Congress overrides the final rule, the President is likely to veto the override 2. Congress will attempt to incorporate a budget rider on the OSHA budget Ban OSHA from spending any dollars on the silica final rule, including enforcement Aaron K Trippler Director Government Affairs AIHA 67

68 Thank You Questions