THE COHEN GROUP
  Environmental Health & Safety Consulting Services

The Cohen Group Newsletter - Volume 6  Issue 2, Article 1.  April, 2004

Joy E. Fleming, MPH

Fed OSHA has vowed to cut silica exposures by 15 percent. Silica has remained on OSHA’s regulatory agenda for years and there is no estimate on how long it might take to promulgate a final silica rule. In developing a proposed standard, OSHA is currently considering several options ranging from proposing comprehensive standards simultaneously for general industry, construction, and maritime, to focusing the proposal on one or more specific issues such as modernizing the construction and maritime Permissible Exposure Limits (PELs). Last year, federal OSHA proposed a draft silica standard in construction but it is still being reviewed and remains in the pre-rule stage. OSHA does not have an estimate as to how long it might take to complete a final silica rule, but if a new standard is adopted (which seems unlikely during an election year), then it could have a significant impact on employers and workers in general industry, construction, or maritime.

The current Fed OSHA PEL for general industry is based on a formula recommended by the American Conference of Governmental Industrial Hygienists (ACGIH) in 1971. The current PEL for construction and maritime was derived from ACGIH Threshold Limit Value (TLV) from 1962. The National Institute for Occupational Safety and Health (NIOSH) and ACGIH have recommended a 50 µg/m³ (0.05 mg/m³) exposure limit for respirable crystalline silica.

In California, the Cal/OSHA PEL for respirable crystalline silica, as quartz, is currently, 0.1 mg/m³. If federal OSHA adopts the recommended level of 0.05 mg/m³ for respirable crystalline silica, then Cal/OSHA will likely follow the federal rule and adopt the same level. The standard, as drafted (note that the standard is not yet in the ‘proposed’ stage), would apply to construction activities in California that involve cutting, sanding, drilling, crushing, grinding, milling, sawing, scabbling, scraping, mixing, jack hammering, excavating, or disturbing of materials that contain crystalline silica. Because of its ubiquitous nature in mined materials like gypsum, it is unknown at this time how OSHA may define a "silica free" material. Since many materials can contain silica above detectable levels, the new standard could have an impact on a majority of manufacturing and construction activities.

Both industry and worker groups have indicated that a comprehensive standard for crystalline silica is needed to provide for exposure monitoring, medical surveillance, and worker training. OSHA is working closely with the Mine Safety and Health Administration (MSHA) and NIOSH in collecting and developing information for a proposed standard. The Advisory Committee for Construction Safety and Health has also formed a silica working group to assist OSHA in addressing construction-related issues during the development of the proposed rule.

Industries that could be affected by a standard for crystalline silica include: foundries, paint manufacturers, glass and concrete product manufactures, brick making, china and pottery manufacturers, and manufacture of plumbing fixtures. Many construction activities involving highway repair, drywall installation, masonry, concrete work, rock drilling and tuckpointing would also be affected. We will keep you apprised of the standard setting process.