OSHA Silica Rule Change Update
What Is It, and What Is the Industry Doing About It?
On March 24, 2016, OSHA released its long-anticipated rule reducing the permissible exposure level (PEL) for crystalline silica for general industry and construction. The rule was broken into two separate standards – one for the construction industry, and one for maritime and general industry.
Which standard do US-based stone companies utilize? It will depend on the activity and the location where the activity is being performed:
If you are cutting stone in a controlled environment such as a fabrication facility, cut stone facility, or production facility, follow the general industry standard.
When the activity shifts to the field for installation or restoration, follow the construction (jobsite) standard.
Compliance dates are June 23, 2018, for new shop standards, and June 23, 2017, for jobsite rules.
For those working in quarry environments, employers will continue to follow MSHA guidelines in the field (or quarry) and OSHA guidelines in production facilities. Specific to OSHA, the general industry guidelines would apply. MSHA has indicated they intend to adjust the allowable PEL limit to match the new OSHA guidelines, but a formal date has not been announced (likely to occur later this year).
It is crucial to remember that this is not a consumer issue; the presence of silica in natural stone does not have an impact on consumer well-being. This is an issue of employee safety. While silicosis is incurable, it is also preventable. If there is one key theme important to employee safety, it is that silica exposure must be measured to ensure you are protecting workers and have the necessary data to plan your company’s silica compliance plan.
Some in the stone industry view the new federal silica standard as “unobtainable,” as well as costly and disruptive. Others argue that OSHA should have focused on crafting new and innovative ways to get more firms to comply with the current silica standard, which has played a huge role in reducing the number of silicosis cases over the past forty years.
On March 31, MIA+BSI and NSC joined a growing number of trade associations who joined together to financially support litigation which was filed in Federal Circuit Court to challenge several aspects of the OSHA rule as technologically and economically infeasible. The strategy is to get OSHA to negotiate implementation of the rule.
Another tactic is to legislatively influence OSHA appropriations from Congress. Over 70 representatives have signed on to U.S. Representative Bill Huizenga’s letter and there is a similar letter on the Senate side. We recommend that you look at the links provided online and see if your representative has supported these legislative efforts. If not, let them know that you have grave concerns about the new OSHA rule.
Regardless of the litigation or legislative outcomes, this is an excellent time to review your overall safety training program and see what enhancements you can make to improve your silica training program.
With over 1,700 pages in the OSHA ruling, there are bound to be clarifications as stone professionals dig into the new standard. MIA+BSI will continue to monitor and offer tips and perspectives. An informational webinar providing an overview of the rule change, as well as other helpful documents, are available online at www.naturalstoneinstitute.org/silica.