OSHA and NIOSH Silica Warning to Natural Gas Industry Presented to the West Virginia Oil and Gas Association Ryan E. Voelker, Esq. 500 Lee St. E. Suite 1600, Charleston, WV Phone: (304) Fax: (304) September 11, 2012

w w w. j a c k s o n k e l l y. c o m 2 JUNE 21, 2012 OSHA & NIOSH’S ALERT RELATED TO HYDRAULIC FRACTURING

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4 OSHA and NIOSH issued an alert concerning worker exposure to silica during “fracking” The alert does not create a legal obligation, but OSHA’s general duty clause requires employers to ensure workplaces are free from recognized hazards that may cause death or serious physical injuries

w w w. j a c k s o n k e l l y. c o m 5 GENERAL DUTY CLAUSE Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees. 29 U.S.C. § 654(a)(1).

w w w. j a c k s o n k e l l y. c o m 6 OSHA indicated that several other standards and directives cover operations that may expose workers to silica: –Air Contaminants (29 C.F.R ) –Hazard Communication (29 C.F.R ) –Respiratory Protection (29 C.F.R ) –OSHA Directive CPL National Emphasis Program—Crystalline Silica

w w w. j a c k s o n k e l l y. c o m 7 Overexposure to Silica Dust Crystalline silica is a common mineral found in the earth’s crust and used as a major component in materials used to make concrete, brick, and glass Silica sand is frequently used in the fracking process as proppant –Hydraulic fracturing sand contains up to 99% silica Respirable crystalline silica is the portion of crystalline silica that is small enough to enter the gas-exchange regions of the lungs if inhaled

w w w. j a c k s o n k e l l y. c o m 8 Overexposure to Silica Dust Breathing silica can cause silicosis –also linked to lung cancer, tuberculosis, COPD, kidney, and autoimmune disease Silicosis, a lung disease, occurs when lung tissue comes into contact with respirable silica particles –Silicosis causes inflammation and scarring which reduces the lungs’ ability to take in oxygen

w w w. j a c k s o n k e l l y. c o m 9 Classifications of Silicosis Chronic/Classic Silicosis –10-20 years of moderate to low exposure –symptoms are not always obvious, but worker will notice signs of shortness of breath, fatigue, and cough –As disease progresses, symptoms worsen and can lead to respiratory failure Accelerated Silicosis –5-10 years of high to moderate exposure –similar to chronic silicosis but progresses more rapidly Acute Silicosis –few months or years of high exposure –shortness of breath, weakness, weight loss –nearly always leads to disability and death

w w w. j a c k s o n k e l l y. c o m 10 NIOSH Field Study NIOSH conducted a field study at 11 fracturing sites in 5 states (AR, CO, ND, PA, TX ) Wanted to determine levels of worker exposure at various jobs at the worksites Many of the 116 air samples taken during study showed silica levels above the occupational exposure limits for workers in and around “dust generation points”

w w w. j a c k s o n k e l l y. c o m 11 Dust Generation Points Seven primary sources of silica dust exposure found during hydraulic fracturing operations: 1.Dust from thief hatches on sand movers when hot loading 2.Dust from open side fill ports on sand movers during refilling 3.Dust from on-site traffic

w w w. j a c k s o n k e l l y. c o m 12 Dust Generation Points 4.Dust from sand movers’ transfer belt 5.Dust created when sand drops in and is agitated in the blender hopper and on transfer belts 6.Dust from transfer belts between sand mover and blender 7.Dust from top end of the sand transfer belt on sand movers

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w w w. j a c k s o n k e l l y. c o m 14 NIOSH Findings Of the 116 samples collected: –47% showed silica exposures greater than the calculated OSHA Permissible Exposure Limit (“PEL”) –79% showed silica exposures greater than the NIOSH Recommended Exposure Limit (“REL”) of 0.05 milligrams per cubic meter –9% of all samples showed silica exposures 10 or more times the PEL, with one sample more than 25 times the PEL –31% of all samples showed silica exposures 10 or more times the REL, with one sample more than 100 times the REL

w w w. j a c k s o n k e l l y. c o m 15 NIOSH/OSHA Recommendations Determining worker exposure levels is important for selecting the right type of control measures –Engineering controls –Respiratory protection

w w w. j a c k s o n k e l l y. c o m 16 Engineering Controls Short-term practices and procedures to help protect workers from exposure to silica include: –Mandate capping of unused fill ports –Reduce drop height between the sand transfer belt and T-belts and blender hoppers

w w w. j a c k s o n k e l l y. c o m 17 –Limit workers and time spent in areas where dust and silica levels may be elevated, and consider ways to perform tasks remotely to remove employees completely from these areas –Apply fresh water to roads and well site to reduce dust

w w w. j a c k s o n k e l l y. c o m 18 OSHA and NIOSH also recommend changes to equipment to control dust: –Enclose points where dust is released –Use enclosed cabs or booths –Use exhaust ventilation to collect silica- containing dust and prevent dust escape –Replace transfer belts with screw augers on sand movers in new designs or retrofits

w w w. j a c k s o n k e l l y. c o m 19 Respiratory Protection When engineering controls do not reduce silica levels below OSHA PELs, employers must provide workers with respirators and have a respiratory protection program in place that meets the requirements of OSHA’s respiratory protection standard at 29 C.F.R. §

w w w. j a c k s o n k e l l y. c o m 20 Respiratory Protection Program This includes proper respirator selection, fit testing, medical evaluations, and training

w w w. j a c k s o n k e l l y. c o m 21 Respirators Choose the appropriate respirator for the job and environment. For example: –Use at least a NIOSH-approved N95 respirator –If silica level is more than 10 times the PEL, a half face respirator is not protective Full-facepiece respirators protect workers at silica levels up to 50 times the PEL Full-face powered air-purifying respirators provide additional protection

w w w. j a c k s o n k e l l y. c o m 22 Fit Testing and Training Ensure that workers are properly wearing respirators –Observe workers donning and working with respirators Provide training and information to workers about the hazards of silica and other chemicals –Prepare and implement a written hazard communication program –Provide workers access to SDSs on silica and other chemicals they are exposed to during fracking operations

w w w. j a c k s o n k e l l y. c o m 23 Medical Monitoring OSHA recommends that employers medically monitor all workers who may be exposed to silica dust levels at or above one-half the PEL OSHA recommends the following tests: –A medical exam that focuses on the respiratory system and includes a work and medical history –A chest x-ray evaluated by a qualified professional OSHA recommends that these tests be repeated every three years if the employee has less than 15 years of silica exposure, every two years if the employee has years of exposure, and every year if the employee has 20 or more years of exposure

w w w. j a c k s o n k e l l y. c o m 24 Questions?

For more information on this and other occupational safety and health topics, please visit: Ryan E. Voelker, Esq. 500 Lee St. E. Suite 1600, Charleston, WV Phone: (304) Fax: (304)