OSHA Announces Proposed Decrease in Allowable Silica Exposure for Countertop Fabricators

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a proposed rule it says is “aimed at curbing lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America’s workers.” The proposal seeks to lower worker exposure to crystalline silica, which kills hundreds of workers and sickens thousands more each year. After publication of the proposal, the public will have 90 days to submit written comments, followed by public hearings.

Exposure to airborne silica dust occurs in operations involving cutting, sawing, drilling and crushing of concrete, brick, block and stone products and in operations using sand products, such as in glass manufacturing, foundries and sand blasting. The current permissible exposure limit (PEL) for countertop fabrication facilities is 100 micrograms per cubic meter of air in an 8-hour (one shift) time-weighted average. PELs for other industries range from 100 to 250 micrograms. Under the new proposal, all industries will have their PEL dropped to 50 micrograms per cubic meter of air for an 8-hour time-weighted average. That is a 50 percent decrease in the PEL for those fabricating granite, quartz and other silica containing stones for countertop usage.

The proposed rule also includes provisions for measuring how much silica workers are exposed to, limiting workers’ access to areas where silica exposures are high, using effective methods for reducing exposures, providing medical exams to workers with high silica exposures and training for workers about silica-related hazards and how to limit exposure. These provisions are similar to industry consensus standards that many responsible employers have been using for years, and the technology to better protect workers is already widely available.

“Exposure to silica can be deadly, and limiting that exposure is essential,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “Every year, exposed workers not only lose their ability to work, but also to breathe. This proposal is expected to prevent thousands of deaths from silicosis-an incurable and progressive disease-as well as lung cancer, other respiratory diseases and kidney disease. We’re looking forward to public comment on the proposal.”

Once the full effects of the rule are realized, OSHA estimates that the proposed rule would result in saving nearly 700 lives per year and prevent 1,600 new cases of silicosis annually.

The proposal is based on extensive review of scientific and technical evidence, consideration of current industry consensus standards and outreach by OSHA to stakeholders, including public stakeholder meetings, conferences and meetings with employer and employee organizations.

“The proposed rule uses common sense measures that will protect workers’ lives and lungs-like keeping the material wet so dust doesn’t become airborne,” added Michaels. “It is designed to give employers flexibility in selecting ways to meet the standard.”

The agency currently enforces 40-year-old PELs for crystalline silica in general industry, construction and shipyards that are inconsistent between industries, which OSHA says are “outdated and do not adequately protect worker health.” The release issued August 23 regarding the new proposal states that “the proposed rule brings protections into the 21st century.”

The proposed rule includes the new exposure limit for respirable crystalline silica and details widely used methods for controlling worker exposure, conducting medical surveillance, training workers about silica-related hazards and recordkeeping measures.

OSHA rulemaking relies on input from the public and the agency will conduct extensive engagement to garner feedback from the public through both written and oral comments. OSHA will accept public comments on the proposed rule for 90 days following publication in the Federal Register, followed by public hearings. Once public hearings conclude, members of the public who filed a notice of intention to appear can then submit additional post-hearing comments. Additional information on the proposed rule, including a video; procedures for submitting comments and the public hearings can be found at www.osha.gov/silica. OSHA’s official Notice of Proposed Rulemaking, can be found www.osha.gov/silica/nprm.pdf. This more than 750-page document includes instructions on how to submit public comment as well as estimated costs that affected companies would incur.