OSHA ESTABLISHES NEW NATIONAL EMPHASIS PROGRAM ON CRYSTALLINE SILICA
On January 24, 2008, OSHA issued directive number CPL 03-00-007 regarding a new National Emphasis Program (“NEP”) for crystalline silica. The NEP builds on and expands OSHA’s prior special emphasis program which began in 1996. The NEP targets worksites with elevated risk of exposure to crystalline silica and addresses silica-related inspection procedures.
OSHA’s Instruction establishes policies and procedures for implementing the NEP for the purpose of eliminating the health hazards associated with occupation exposure to crystalline silica.
Hazards Associated with Crystalline Silica
In addition to causing the debilitating lung disease, silicosis, crystalline silica has also been classified as a Group 1 carcinogen by the International Agency for Research on Cancer. Occupational exposure to crystalline silica occurs in numerous workplace settings inclusive of mining, manufacturing, construction, maritime, and agriculture. The risks associated with exposure to crystalline silica are particularly high with sandblasting, sand-casting foundry operations, mining, tunneling, cement cutting and demolition, masonry work, and granite cutting.
Application and Goals of the NEP
The NEP applies to general industry and construction workplaces where crystalline silica is present.
The goal of the NEP is to significantly reduce or eliminate employee overexposures to crystalline silica. OSHA intends to reach this goal by (1) targeted inspections, (2) outreach to employers, and (3) assistance to employers with compliance. With regard to inspections, OSHA has mandated that at least 2% of all workplace inspections, every year, must be silica-related.
Targeted Inspections
Targets of the inspections mandated by this NEP will be identified and selected based upon employer NAICS or SIC listings. OSHA has identified many targeted employer classes including:
- General Contractors
- Highway & street construction
- Bridge and tunnel construction
- Heavy Construction
- Painting and paper hanging
- Masonry, stone setting, and other stone work
- Plastering, drywall, acoustical, and insulation work
- Roofing, siding and sheet metal work
- Concrete work
- Excavation work
- Wrecking and demolition
- Brick and clay tile
- Ceramic wall and floor tile
- Clay refractories
- Concrete products
- Pottery products
- Foundries
- Electroplating, polishing anodizing and coloring
- Industrial and commercial machinery and equipment
- Truck trailers
- Body and upholstery repair shops
This list in not exhaustive, but rather, illustrative of the industries which are targeted by OSHA crystalline silica NEP. OSHA will identify and locate targeted employers using the Dun & Bradstreet employer list maintained by OSHA, commercial directories, telephone listings, local knowledge and the Dodge reports for construction sites.
If your business has been inspected within the past three (3) years and had no serious violations related to silica exposures or had a follow up inspection which documented abatement of conditions previously cited, then your business will be eliminated from the target master list. Furthermore, participation in a voluntary compliance program may exempt an employer from a target inspection.
Inspections under the silica NEP will include:
· Monitoring employee exposure to respirable dust containing crystalline silica;
· Bulk sampling of settled dust;
· Review of employer’s silica exposure monitoring records;
· Evaluation of engineering and work practice controls intended to reduce exposure;
· Evaluation of respiratory protection program;
· Compliance with hazard communications standards inclusive of carcinogenicity labeling;
· Hygiene practices including evaluation of clean up methods, separation of break areas, and clothing decontamination
· Review and evaluation of employer’s recordkeeping of medical and exposure evaluations of employees including evaluation of method for ensuring the confidentiality of employee medical records
Respiratory Protection
With regard to respiratory protection, OSHA instructs that when respirators are a permissible means of addressing overexposure, the minimum respiratory protection allowed is an N95 NIOSH-approved respirator. Furthermore, medical evaluations are mandated for all employees who are required to wear a respirator.
Hazard Communication
Employers are required to label products containing more than 0.1 percent crystalline silica by weight or volume with information regarding the evidence of carcinogenicity of silica, and similar information should be placed in the product’s Material Safety Data Sheet.
Bricks, tile and cement boards are not exempt from the Hazard Communication Standard, however, palletized and bound bricks need not be individually labeled, however the pallet must be tagged with an appropriate label. Likewise, vehicles hauling crushed stone shall include hazard warnings concerning carcinogenicity of silica in their shipping papers or bills of lading (for crushed stone operations falling under the jurisdiction of OSHA rather than MSHA).
Abrasive Blasting
OSHA is particularly concerned with abrasive blasting operations and has set in place additional program elements specific to abrasive blasting operations. These elements include:
· Monitoring employee exposure to metals such as lead, arsenic, manganese, etc.;
· Sampling air outside the protective equipment;
· Exposure monitoring of other employees not engaged in abrasive blasting but still working in the area;
· Evaluation of air quality for supplied air hoods inclusive of testing for carbon monoxide;
· Evaluation of in-line absorbent beds used with compressor supplied air;
· Evaluation of electrical grounding, pressure controls and personal protective equipment available to the employee;
· When alternative abrasive material is being used, ensure that the hazards associated with the material have been evaluated
Outreach
OSHA is developing crystalline silica-related information and training materials. This information will be provided to OSHA’s regional offices. The regional offices will disseminate this information through letters and news releases as well as seminar on silica-related topics. The information will also be provided to partnerships and alliances of teaming employers.
Compliance Assistance
OSHA’s Instruction does not offer any specific assistance to employers. With the exception of previously available voluntary compliance programs intitiated by OSHA, the assistance from OSHA appears to come in the form of follow up inspections and employer reporting on abatement of overexposure. No affirmative compliance assistance program is identified in this Instruction from OSHA.
Summary
OSHA’s initiation of a NEP regarding exposure to crystalline silica will result in an increased likelihood of inspection of businesses within the targeted industries given that OSHA has required that at a minimum, two percent (2%) of all inspections will involve a crystalline silica-related inspection.
For more information, contact Rob Dodson.
