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Everything You Need to Know About OSHA's Respirable Crystalline Silica Final Rule
In March 2016, OSHA published the final rule "Occupational Exposure to Respirable Crystalline Silica." The rule marks the agency's first updated silica regulation since 1971. This article provides an overview of the rule's requirements and what the future may hold for the regulation's standards under the Trump administration.
What is Crystalline Silica?
A known carcinogen of the lungs, crystalline silica is a common component of many building materials, including soil, sand, granite, and concrete.
Workers can inhale tiny, respirable particles of crystalline silica while performing activities such as abrasive blasting with sand; sawing brick or concrete; sanding or drilling into concrete walls; grinding mortar; manufacturing brick, concrete, stone, or ceramic products; and cutting or crushing stone.
During these tasks, silica particles at least 100 times smaller than ordinary sand can enter workers' lungs and lead to the formation of scar tissue, or even silicosis—an incurable respiratory disease that in severe cases can be disabling or even fatal. Exposure to crystalline silica dust also can result in increased risks of lung cancer, kidney disease, and chronic obstructive pulmonary disease (COPD).
OSHA estimates that approximately 2 million U.S. workers are exposed to crystalline silica at work.
In order to better tailor requirements to specific work environments, OSHA has issued two separate standards as part of the final rule—one for general industry and maritime and the other for the construction industry. Both standards include industry-specific requirements and controls that employers can follow to ensure compliance.
What Prompted This Rulemaking?
OSHA’s previous exposure limits for silica were more than 40 years old. For decades, scientific evidence has shown that the former exposure limits did not adequately protect workers from the adverse health risks associated with respirable crystalline silica.
OSHA had been working on amending its silica rulemaking since at least 2003 and has developed this final rule based on an extensive review of peer-reviewed scientific evidence and current industry consensus standards.
The agency estimates that the new rule will save more than 600 lives and prevent more than 900 cases of silicosis each year.
How Will the Final Rule Impact Your Organization?
This final rule requires covered employers to assess employee exposures to silica if it may be at or above an action level of 25 micrograms of silica per cubic meter of air averaged over an 8-hour work day.
In addition, the rule has lowered the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air averaged during an 8-hour work day. This PEL is now consistent with the limit recommended by the National Institute for Occupational Safety and Health (NIOSH) in 1974.
Under the new rule, employers also are required to limit access to high exposure areas, develop written control plans, and provide workers with respiratory protection when controls cannot adequately limit exposures to the action level. In addition, employers also must offer medical exams every three years to workers who are required to wear respirators. Records of medical exams and exposure measurements also must be kept and maintained.
Finally, employers must provide training to educate workers on the types of activities that result in silica exposure and the ways in which it can be limited.
What Training Should Employees Receive on Crystalline Silica?
OSHA's training requirements under the new rule are performance-based. This means that during an OSHA investigation, employees should be able to demonstrate knowledge and understanding of the following topics:
- Health hazards associated with exposure to crystalline silica
- Workplace tasks that can result in exposure
- Steps their employer has taken to protect employees from exposure, including controls, work practices, and the use of respiratory equipment
- Sections of the rule that are immediately pertinent to either the maritime industry and general industry, or to the construction industry
- The purpose of the medical surveillance program
Workers in the construction industry also must be able to identify the competent person designated by their employer to implement their organization's written control plan.
OSHA expects that on average, a full hour of training will be needed for all covered workers. While the final rule does not require employers to maintain records of employee training, organizations may still decide to implement systems to track training in order to confirm that all workers have been properly trained.
What Employers Are Exempt from Complying With the Rule?
Employers who have established that the silica in their workplaces stays beneath certain levels are exempt from the new silica rule. For example, the rule does not apply to employers in the general, maritime, or construction industries that have objective data demonstrating that workers' exposure to respirable crystalline silica will remain below 25 micrograms per cubic meter averaged during an employee's 8-hour work day.
However, according to OSHA, if low exposure levels are achieved through controls, then the exemption does not apply.
When Did the Rule Take Effect?
Both standards contained in the final rule took effect on June 23, 2016.
Enforcement for the construction industry's standard began on Sept. 23, 2017, after a three-month delay. However, OSHA granted employers acting in good faith an additional 30 days to implement the standard's requirements.
Enforcement for the general industry and maritime standard is currently set to begin on June 23, 2018.
However, in a special case, hydraulic fracturing (fracking) operations in the oil and gas industry will have until June 23, 2021, to implement controls to limit exposures to the new PEL. From June 23, 2018, to June 23, 2021, hydraulic fracturing employers can continue to have employees use respirators when exposures exceed the PEL. This extension was granted because controls for exposure in hydraulic fracturing are still under development, partly due to emerging technologies.
What Does the Future Hold?
While a number of labor and industry groups have praised the new rule, critics have expressed concerns that it will be costly for organizations to implement. Some industry groups have also argued that the rule does not go far enough in protecting workers from exposure and have advocated for a PEL of 25 micrograms per cubic meter of air or lower.
On April 11, 2016, OSHA notified the U.S. Judicial Panel on Multidistrict Litigation that seven petitions requesting a review of the final rule were filed in six courts of appeals. These petitions have since been consolidated into a single lawsuit.
Although the outcome of this consolidated lawsuit is still pending, on Nov. 15, 2017, during Secretary of Labor Alexander Acosta's first appearance before the U.S. House Committee on Education and the Workforce, he indicated that the involved parties are approaching a resolution. He also added that the 30-day extension that the agency provided to construction employers was partly granted to assist organizations until a verdict could be reached, but added that the parties "were a little late at coming back to the table."
As it stands, enforcement of the general industry and the maritime industry's silica standard is still set to begin on June 23, 2018. However, it's possible that the Trump administration may seek a delay depending on its experiences with enforcing OSHA's standard on the construction industry. Employers in general industry and in the maritime industry should continue to look for any forthcoming updates related to the final rule and its legal challenges but should also be prepared in case enforcement begins as planned in 2018.
This article originally appeared in the February 2018 issue of Occupational Health & Safety.