As we said in yesterday’s Advisor, OSHA is proposing to change the PELs for silica. The proposal would also require primary reliance on engineering controls and work practices.
OSHA says that primary reliance on engineering controls and work practices rather than PPE to prevent silica exposure is consistent with long-established good industrial hygiene practice, with the agency’s experience in ensuring that workers have a healthy workplace, and with the agency’s traditional adherence to a hierarchy of preferred controls.
The argument for engineering controls maintains that they:
- Are reliable
- Provide consistent levels of protection to a large number of workers
- Can be monitored, allow for predictable performance levels
- Can efficiently remove a toxic substance from the workplace, and once removed, the toxic substance no longer poses a threat to employees
OSHA points out that the effectiveness of engineering controls does not generally depend on human behavior to the same extent as PPE does, and the operation of equipment is not as vulnerable to human error as PPE is.
The Problem with Respirators
Regulators do not deny that respirators are an important means of protecting workers. But they emphasize that to be effective respirators must be:
- Individually selected
- Fitted and periodically refitted
- Conscientiously and properly worn
- Regularly maintained
- Replaced as necessary
OSHA is pushing for stricter exposure limits for crystalline silica and has proposed a new standard to achieve this goal. BLR’s upcoming live webinar will provide you with a roadmap for responding to and preparing for the new exposure limits. Click here for details.
In many workplaces, these conditions for effective respirator use are difficult to achieve, and the absence of any of these conditions can reduce or eliminate the protection that respirators provide to some or all of the employees who wear them.
In addition, says OSHA, use of respirators in the workplace presents other safety and health concerns. For example:
- Respirators impose substantial physiological burdens on some employees.
- Certain medical conditions can compromise an employee’s ability to tolerate the physiological burdens imposed by respirator use, thereby placing the employee wearing the respirator at an increased risk of illness, injury, and even death.
- Psychological conditions, such as claustrophobia, can also impair the effective use of respirators by employees.
Safety problems created by respirators that limit vision and communication must also be considered. In some difficult or dangerous jobs, effective vision or communication is vital. Voice transmission through a respirator can be difficult and fatiguing.
Because respirators are less reliable than engineering and work practice controls and may create additional problems, OSHA believes that primary reliance on respirators to protect workers is generally inappropriate when feasible engineering and work practice controls are available.
If you need to know about the proposed changes to silica exposure rules, join us on November 18 for an in-depth live webinar. The webinar will explain the rulemaking process and provide you with a detailed evaluation of OSHA’s proposed crystalline silica standard. Learn More.
Be Informed
OSHA is increasing enforcement and hazard awareness efforts on silica exposure in oil and gas operations, construction and demolition, sandblasting operations of all kinds, foundries, and manufacturing of asphalt, abrasives, paints, soaps, and glass. Any employer involved in these industries or operations are targets for OSHA inspections.
OSHA’s ongoing efforts include a proposed rule aimed at curbing lung cancer, silicosis, chronic obstructive pulmonary disease, and kidney disease in America’s workers. OSHA, which published the proposed rule on August 23, 2013, reports that crystalline silica exposure kills hundreds and sickens thousands of workers annually who develop silicosis and other respiratory problems from inhaling silica dust, a known carcinogen.
Right now, the proposed rule is subject to a 90-day public comment period, which will be followed by public hearings. Safety managers that will be affected by the rule once it takes effect, should be strategically evaluating the next steps. For instance:
- Should you participate in the comment and public hearing phases?
- How will the proposed rule impact your operations?
- How best to provide senior management with an assessment of the rule and associated costs?
Join us for an in-depth webinar on November 18 that will address these questions and more. Our presenter, a seasoned safety lawyer who is the secretary of the American Society for Testing and Materials (ASTM) E34 committee, which wrote the E1132 and E2625 silica standards that are referenced in the OSHA proposal, will provide participants with a comprehensive strategy for participating in the comment and public hearings and/or developing a compliance strategy.
You and your colleagues will learn:
- Overview of the crystalline silica rule-making process, including the historical perspective, key drivers, major industrial and association participants, and how to participate in the comment and public hearings
- The role of ASTM and other organizations in the proposed rule
- The health issues associated with silica
- How OSHA and the Mine Safety and Health Administration presently regulate silica
- A detailed evaluation of the rule including, the new exposure limit for respirable crystalline silica exposure control measures, medical surveillance, training workers about silica-related hazards, and recordkeeping measures.
- Best practices to consider to get ahead of OSHA’s regulatory curve
- Approaches for identifying and evaluating resources to help you participate in the rule-making process and/or develop a compliant program
About Your Presenter
Adele Abrams, Esq., CMSP, is an attorney and safety professional who is recognized as a national expert on occupational safety and health. She heads a ten-attorney firm that represents employers and contractors nationwide in OSHA and MSHA litigation, and provides safety and health training, auditing, and consultation services. She is a Certified Mine Safety Professional, and a Department of Labor-approved trainer. She is also a professional member of the American Society of Safety Engineers, and is co-author of several safety-related textbooks. She is chair of the National Safety Council’s Business & Industry Division committee on regulatory and legal affairs. She is admitted to the Bars of MD, DC and PA, as well as multiple federal courts including the US Supreme Court.
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