COUNTDOWN TO COMPLIANCE The 2016 OSHA Final Rule for Respirable Crystalline Silica Presented by Phil Mole, EHS & Sustainability Expert, VelocityEHS
PRESENTATION GOALS History and Goals of the Rule What is Changed Under the Rule Best Practices for Compliance
WHAT IS RESPIRABLE CRYSTALLINE SILICA, AND WHY IS IT A PRIORITY FOR OSHA? Crystalline silica is a basic component of many soil, rock, and mineral materials When workers chip, cut, drill, or grind these materials, respirable crystalline silica (a.k.a. silica dust ) can be produced Breathing respirable crystalline silica can lead to a group of connected health problems including lung cancer, COPD, and silicosis (lung fibrosis)
WHAT IS RESPIRABLE CRYSTALLINE SILICA, AND WHY IS IT A PRIORITY FOR OSHA? Silica dust is one of the oldest and most wellestablished occupational hazards. Ancient Greeks understood that stonecutters got sick from breathing dust from the stones they cut. OSHA estimates that 2.3 million Americans are exposed to silica dust in their workplaces. About 90% of those are construction workers. OSHA believes its new Final Rule announced in March of 2016 will save 600 lives and prevent 900 new cases of silicosis each year, and provide financial benefits and savings of $7.7 billion.
REMEMBER: The 2016 Final Rule is just the latest chapter in a VERY LONG story...
THE 2016 FINAL RULE IS JUST THE LATEST CHAPTER IN A VERY LONG STORY... Silica dust has been a target of U.S. government safety regulators for over 80 years. Instituting a silica PEL was among OSHA s very first actions back in 1971. OSHA has been trying to lower the PEL ever since (and came very close in the 1980 s). The 2016 Silica Final Rule is the culmination of new OSHA efforts that began back in 2011. U.S. Secretary of Labor Frances Perkins warns about the dangers of silica dust in a government filmstrip from the 1930s.
PUSHBACK IS STILL ONGOING At least 8 lawsuits have been filed. Experts believe these lawsuits will consolidate Opposing industry groups feel the Rule is: Unnecessary (i.e.: workers currently protected) Unfeasible/Impractical to implement Too expensive OSHA has already delayed enforcement in the Construction industry
SO...WHAT DOES THE 2016 SILICA FINAL RULE DO
KEY PROVISIONS Essentially, the new Final Rule aims to keep workers safer through the implementation of 4 high-level requirements. They include: 1 2 3 4 A reduction in the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air, averaged over an 8 hour shift. Requiring employers to use engineering controls (which were required previously), respirators, limited access, and other techniques to ensure employees stay below the new PEL. Requiring employers to provide workers with more information about lung health and, in some cases, access to medical exams. Requiring employers to create plans for keeping their workers trained and safe.
USES FUNDAMENTAL METHODS Source: https://www.cdc.gov/niosh/topics/hierarchy/
3 GROUPS ARE IMPACTED DIFFERENTLY CONSTRUCTION Compliance deadline of September 23, 2017 (Changed as of 4/6/17. Originally, June 23. Applies to all requirements except lab evaluation of exposure samples, which begins June 23, 2018) GENERAL INDUSTRY & MARITIME Compliance deadline of June 23, 2018, except for medical surveillance requirements for employees exposed at/above Action Level, starting June 23, 2020 HYDRAULIC FRACTURING Compliance deadline of June 23, 2018, except for engineering controls which have a compliance deadline of June 23, 2021
SOME GROUPS ARE EXEMPT Exempt: Agriculture/Farm work Workplaces with exposure below 25 micrograms/m 3 (action level) Sorptive clay (pet litter) Students (but not teachers/staff) on educational campuses The harsh, cold answer is that OSHA only cares about employees. We don t have jurisdiction over students. OSHA Chicago North Area Office, 10/28/16 Remember: Despite this exemption, all workplaces are required to ensure a safe and healthful work environment under the OSH Act, so you still have responsibilities to protect your employees from this danger. Moreover, specific dust requirements enforceable prior to the 2016 Final Rule may still apply.
REQUIREMENTS OF THE FINAL RULE 1. Training 2. Medical Surveillance 3. Written Exposure Control Plan 4. Regulated Areas 5. Exposure Assessments
TRAINING REQUIREMENTS IT S UP TO YOU!
TRAINING REQUIREMENTS When it comes to training... Enforcement will be performance based OSHA has said that compliance for training on silica dust will be judged on employees ability to demonstrate knowledge of new requirements during an inspection. Training must involve worksite specificity OSHA says inspectors will want to see a general knowledge about silica dust, but also a knowledge of hazards specific to your worksite.
TRAINING REQUIREMENTS In terms of content, OSHA has said that all employee training must cover: The basic health hazards associated with silica dust Specific tasks in his/her work area that could result in exposure The measures the employer has implemented to protect employees (engineering controls, respirators, etc.) The basics of the medical surveillance program The section(s) of the Rule immediately pertaining to their work Anything else the employer believes should be covered
TRAINING REQUIREMENTS In the construction industry, there is the additional obligation to include the identity of the competent person designated by the employer.
TRAINING REQUIREMENTS Competent Person is: Essentially, your SME for silica dust Empowered to take corrective measures Not necessarily a trainer or supervisor Someone with an identity known to all employees Responsible for deciding when (re)training is needed Technically able be held liable for negligence, but more frequently OSHA pursues a case against the employer OSHA defines competent person as an individual who is capable of identifying existing and foreseeable respirable crystalline silica hazards in the workplace and who has authorization to take prompt corrective measures to eliminate or minimize them. 2016 Silica Final Rule
TRAINING REQUIREMENTS Training technical expectations: Training can be hands-on, electronic, in-classroom, on-site, etc. Format is totally up to you Should take about an hour Employees allowed to ask questions Presented in appropriate language and at a level of understanding Training record is NOT required (because compliance is performance-based), but still might be a good idea
MEDICAL SURVEILLANCE
MEDICAL SURVEILLANCE What does this requirement do? Employers must make available free medical surveillance to qualifying employees Allows a physician to make recommended limitations on the employee's exposure to respirable crystalline silica if needed Directs employer to obtain a written record of these limitations
MEDICAL SURVEILLANCE Triggers differ by industry CONSTRUCTION Medical surveillance requirement is triggered when employees use a respirator for 30 or more days per year. GENERAL INDUSTRY & MARITIME, HYDRAULIC FRACTURING Medical surveillance requirement is triggered when employees are exposed to 25 micrograms of silica dust (a.k.a. the action level ) for 30 or more days per year. OSHA says: ANY respirator use or action level exposure no matter how brief COUNTS TOWARD THE 30! REMEMBER: PEL = 50 micrograms Action Level = 25 micrograms
MEDICAL SURVEILLANCE Baseline Requirement When an employer anticipates an employee will qualify for medical surveillance based on his or her job description, the employer must also schedule a baseline medical exam within 30 days of the worker starting the job unless the worker has had a physical (or prior work-related medical surveillance exam) that meets the requirements of this rule within the prior 3 years. Exam must occur: within 30 days of initial assignment.
MEDICAL SURVEILLANCE Employer must send copy of Silica Rule and accompanying information about silica dust and employee working conditions to physician conducting exam. A form for this is in Appendix B on the OSHA website for the Silica Rule. Employer must obtain verification of exam and recommendations directly or through employee. Other medical information is private between employee and physician.
MEDICAL SURVEILLANCE Other requirements Medical exam cannot cost employee anything, so... No docking pay for time at exam Employer must pay employee co-pay for exam, if needed Employer must pay for time spent traveling Workplace symptoms do NOT trigger medical surveillance The 30 days reset with every new employer Tracking the 30 days is the employer s responsibility/liability (temp agency should track temporary workers). How is left open Not all physicians will feel qualified to perform the exam. (Employee may not be able to go to his/her family doctor.) However, some physicians specialize in this
MEDICAL SURVEILLANCE An Employee Can Refuse All or Part of the Exam They can decline it. You can t force it. But if they decline it, have them put it in writing. OSHA Chicago North Area Office, 7/29/16 NOTE: Declining medical surveillance does not impact an employee s ability to be employed by you.
MEDICAL SURVEILLANCE Timing for implementation CONSTRUCTION Medical surveillance requirement begins September 23, 2017, with the exception of certain requirements for laboratory analysis which have until June 23, 2018. GENERAL INDUSTRY & MARITIME Medical surveillance requirement begins: June 23, 2018 for employees exposed above the PEL for 30+ days per year June 23, 2020 for employees exposed above the action level for 30+ days per year
WRITTEN EXPOSURE CONTROL PLAN
WRITTEN EXPOSURE CONTROL PLAN What are the expectations? Written exposure control plans provide a systematic approach for ensuring proper function of engineering controls and effective work practices that can prevent overexposures from occurring. 2016 Final Rule
WRITTEN EXPOSURE CONTROL PLAN What needs to be in the plan? According to OSHA, your written exposure control plan must contain at least the following 4 elements: 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 A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors. The plan must also be reviewed once a year and updated as necessary.
WRITTEN EXPOSURE CONTROL PLAN Additional requirement for construction The employer shall designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan. 2016 Final Rule
WRITTEN EXPOSURE CONTROL PLAN Other requirements Employees must be allowed to see the written exposure control plan, and make a copy of it if they wish. OSHA specifies that a supervisor will develop and update the written exposure control plan. [Our emphasis.] The author doesn t have to be a safety expert, but probably shouldn t be an entry-level worker. OSHA does not provide a sample plan, but does give a guide for how long writing it should take and that can paint a picture of what they re looking for: 1 hour for establishments with fewer than 20 employees 4 hours for those establishments with between 20 and 499 employees 16 hours for those establishments with 500 or more employees
REGULATED AREAS
REGULATED AREAS What s the purpose? Alerting employees to the presence of respirable crystalline silica at levels above the PEL Restricting the number of people potentially exposed to respirable crystalline silica at levels above the PEL Ensuring that those who must be exposed are properly protected Applies only to general industry and maritime, and hydraulic fracturing. Regulated areas are NOT a requirement in the construction industry.
REGULATED AREAS Required whenever silica exposure is (or is expected to be) in excess of the new PEL. Mandates respirators be provided within for all employees, or their representatives. [Respirators must meet OSHA s Respiratory Protection Standard 29 CFR 1910.134.] Who can enter a regulated area? Authorized workers performing work duties areas by the OSH Act, OSHA regulations, or anyobservers or those conducting monitoring procedures OSHA inspectors or other government representatives who are authorized to enter regulated other applicable law.
REGULATED AREAS Physical Components 1. The regulated area must be clearly demarcated from the rest of the workplace in a manner that minimizes the number of employees exposed to respirable crystalline silica. 2. A sign must be posted at each entrance to every regulated area reading: DANGER RESPIRABLE CRYSTALLINE SILICA MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS WEAR RESPIRATORY PROTECTION IN THIS AREA AUTHORIZED PERSONNEL ONLY
REGULATED AREAS Engineering controls are STILL REQUIRED within regulated areas OSHA says: Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall nonetheless use them to reduce employee exposure to the lowest feasible level...
REGULATED AREAS What if my workers are outside, or in a place that would be difficult and expensive to cordon-off? Regulated area requirements have been a part of OSHA health standards for many years and employers have consistently found ways to make them work. The Agency does not expect that establishing a regulated area for silica would be any more difficult than establishing such an area for any of the other substances for which OSHA has regulated area requirements. 2016 Final Rule Bottom line: You still need the regulated area.
EXPOSURE ASSESSMENT
EXPOSURE ASSESSMENT Very similar triggers CONSTRUCTION Required for all workers exposed to silica dust at or above the action level (25 micrograms/m 3 ) unless the task is a properly-implemented Table 1 task. GENERAL INDUSTRY & MARITIME Required for all workers exposed to silica dust at or above the action level (25 micrograms/m 3 ). Also qualifies for Table 1 exemption if the work is: indistinguishable from construction tasks listed on Table 1 and performed infrequently.
EXPOSURE ASSESSMENT Two ways to do it 1. Scheduled monitoring option Employer uses monitoring Remonitors if needed Safer option 2. Performance option Employer uses monitoring and/or other objective data sufficient to accurately characterize employee exposure Burden is on the employer to demonstrate accuracy of data Riskier option
EXPOSURE ASSESSMENT Under the scheduled monitoring option... The Employer Must Sample the 8-hour TWA for each worker that may be impacted. (OSHA says representative sampling is okay!) If exposure is below the action level, you re done (unless that employee s work situation changes). If exposure is above the action level but below the PEL, resample within 6 months until you get two consecutive reads below the action level. If exposure is above the PEL, take corrective actions and resample within three months.
EXPOSURE ASSESSMENT Sampling The Final Rule contains an index featuring all specifics of exposure assessment monitoring requirement (technique, procedures, analysis) Sampling needs to be conducted with a cyclone assembly and lowflow sampling pump Image Source: https://www.osha.gov/dts/osta/otm/otm_ii/pdfs/otmii_chpt1_appi.pdf
EXPOSURE ASSESSMENT In Addition... Impacted employees and/or employee representatives must be allowed to watch Within 5 working days in construction, and within 15 working days in general industry & maritime, and hydraulic fracturing, employees must be given Results of the monitoring Information about any subsequent corrective actions
EXPOSURE ASSESSMENT Under the performance option... The Employer Must Use any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica.
EXPOSURE ASSESSMENT An example... sort of: NADA Example from Final Rule Auto body shop chain conducted air monitoring for employees performing a variety of tasks in automobile body shops and then worked to ensure that the results of the study were representative of typical operations. OSHA says: these data may allow body shops that perform tasks in a manner consistent with that described in the NADA survey to rely on this objective data to characterize employee exposures to respirable crystalline silica. The burden of proof is always on YOU!
EXPOSURE ASSESSMENT Under both options, recordkeeping is required Exposure Measurements Date Task monitored Sampling and analysis methods used Results Location PPE of employee sampled Name, social security number, and job classification of all employees represented by the monitoring, indicating which employees were actually monitored Other Data Specifics of the silica-containing material reviewed Source of other data Testing used and test protocols Test results A description of the process, task, or activity on which the objective data were based Any other relevant data that helps you make your case
WHAT IS THIS TABLE 1 YOU KEEP MENTIONING
TABLE 1 IMPACTS EVERYBODY! Job Protections Engineering controls Employers who fully and properly implement the controls listed on Table 1 are not separately required to comply with the PEL, and are not subject to provisions for exposure assessment and methods of compliance. Final Rule
TABLE 1 IMPACTS EVERYBODY! [Construction] Employers who follow Table 1 correctly are not required to measure workers exposure to silica and are not subject to the PEL. OSHA Fact Sheet OSHA s Crystalline Silica Rule: Construction March, 2016 CONSTRUCTION
TABLE 1 IMPACTS EVERYBODY! Do you have data proving silica exposure will be below 25 micrograms (action level)? YES CONSTRUCTION Are you performing only a task from Table 1 with all recommended controls and work practices? NO YES New requirements of Silica Rule do not apply NO ALL Silica Rule requirements apply (written plan, med. surveillance, training, AND exposure assessment) New requirements apply (written plan, med. surveillance, training), but NOT exposure assessment
TABLE 1 IMPACTS EVERYBODY! All requirements of the new Silica Rule apply, except when: The employer complies with 29 CFR 1926.1153 (construction silica standard) AND The task performed is indistinguishable from a construction task listed on Table 1. AND The task will not be performed regularly in the same environment and conditions. GENERAL INDUSTRY AND MARITIME, AND HYDRAULIC FRACTURING
TABLE 1 IMPACTS EVERYBODY! Do you have data proving silica exposure will be below 25 micrograms (action level)? YES GENERAL INDUSTRY AND MARITIME, AND HYDRAULIC FRACTURING Are you performing a task indistinguishable from a Table 1 task with all recommended controls that will NOT be performed regularly? NO NO YES IF you choose to comply with the construction standard and use Table 1 to avoid exposure assessment, the general industry/maritime standard does not apply. If you do not comply with the construction standard, the general industry/maritime standard applies. ALL Silica Rule requirements apply (written plan, med. surveillance, regulated areas, training, and exposure assessment)
TABLE 1 IMPACTS EVERYBODY! What does regularly mean? For example, an employer that performs sanding or cutting of concrete blocks in a concrete block manufacturing plant may not follow the construction standard, because the task is performed regularly in the same environment and conditions. Likewise, an employer whose business includes chipping out concrete from inside the drums of ready-mixed concrete trucks using pneumatic chipping tools may not follow the construction standard, because that task will be regularly performed in a relatively stable and predictable environment... - Final Rule
SAFETY DATA SHEETS Safety Data Sheets for respirable crystalline silica (and products that will produce it) should be updated to include Lowered PELs Updated Engineering Controls These need to be in your SDS library by September 23, 2017 for construction, and June 23, 2018 for everyone else Everyone is impacted, regardless of industry, if there is a silica dust hazard present OSHA has not yet clarified authoring deadlines, or employer obligations for getting documents in their workplaces
A ROADMAP TO COMPLIANCE
IN GENERAL... Watch for updates and clarifications from OSHA Keep documentation straight Be pro-active
TRAINING REQUIREMENTS Prepare for performance based enforcement Train on general silica dangers, but also the specific risks on your worksite In construction, designate a competent person (do not expect him/her to absorb liability) Make sure Haz Com training includes discussion of updated PELs, updated SDSs, health hazards (including at least cancer, lung effects, immune system effects, and kidney effects), and your workplace labeling system
MEDICAL SURVEILLANCE Determine if any employees definitely qualify for surveillance, and schedule baseline medical exams for them Track employees who MAY qualify toward their 30 days Prepare information to send with employees to medical exams Document refusals of medical exams
WRITTEN EXPOSURE CONTROL PLAN Designate a supervisor to write plan In construction, designate a competent person to implement the plan Create process for annual review Be ready to make available to employees
REGULATED AREAS Determine if regulated areas are needed Determine process for creating regulated areas Provide respirators inside regulated areas Prepare required signage Remember: Construction is exempt
EXPOSURE ASSESSMENT Select either the scheduled monitoring option or the performance option Keep a record of all measurements and data
TABLE 1 Become familiar with this table, and be ready to reference it when making compliance decisions regarding the Silica Rule
SAFETY DATA SHEETS Designate someone to ensure that you have updated SDSs for silica dust (or producers of silica dust) by your deadline Don t let employees work with silica dust without an updated SDS
TECHNOLOGY CAN HELP WITH SDS Obtainment Training Deployment, Tracking and Documentation Cataloging employee tasks that may qualify for exposure assessment Notifying employees of trainings, assessments and more Tracking employee progress toward 30 day threshold for medical surveillance Managing authorized workplace personnel lists Tracking PPE, engineering controls, and more Demonstrating compliance
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