1. OSHA Silica Compliance Table 1 Symposium
Theresa Downs, CIH
Area Director,
Philadelphia Area OSHA Office
December 13, 2017
Background of Speaker
Introduce OSHA personnel present
GBCA Silica Task Force Members
Outline of the Presentation (Explain interactive portion of the presentation)
Questions can be written for AD or discussion
Explain documents provided on table

2. Enforcement Dates Effective date of Enforcement: September 23, 2017
Full Enforcement: October 23, 2017
OSHA Standard:
Construction:
General Industry and Maritime:
Enforcement Date: June 23, 2018
OSHA received more than 2000 written comments during a nearly year-long public comment period.
Over 200 stakeholders, representing over 70 organizations, including public health groups, trade associations, and labor unions, presented testimony during public hearings on the proposed rule.

3. Construction Standard
The Respirable Crystalline Silica in Construction standard establishes a new 8-hour time weighted average (TWA):
Permissible exposure limit (PEL) of 50 µg/m3
Action level (AL) of 25 µg/m3
Scope
All occupational exposures to respirable crystalline silica are covered, unless employee exposure will remain below 25 μg/m3 as an 8-hr TWA under any foreseeable conditions.
The scope section indicates which employers are covered.
The construction standard exempts workplaces where employee exposure will remain below 25 μg/m3 as an 8-hour time-weighted average under any foreseeable conditions.
The phrase “any foreseeable conditions” refers to situations that can reasonably be anticipated, for example, failure of engineering controls. Therefore, employers who maintain exposures below 25 µg/m3 with engineering controls are covered. One reason is that employees need training to make sure controls remain effective.
Examples of construction tasks that are not likely to create exposures exceeding 25 μg/m3 as an 8-hour time-weighted average include mixing mortar; mixing concrete for pot holes; pouring concrete footers, slab foundation, and foundation walls; and removing concrete formwork.
Tasks that involve exposure to respirable crystalline silica for a very short period of time are also unlikely to produce exposures at or above 25 μg/m3 as an 8-hour time-weighted average. For example, an exposure for a task performed over a 15-minute period would have to exceed 800 µg/m3 for that 15 minute period before the 8-hour time-weighted average exposure would exceed 25 μg/m3.
consistent. The construction and shipyard PELs allow workers in those sectors to be exposed to silica levels over twice as high as workers in general industry.

4. Reason for the Rule
There 2.3 million workers affected in over 600,000 establishments
OSHA estimates that more than 840,000 of these workers are exposed to silica levels that exceed the new permissible exposure limit (PEL).
Previous PELs do not adequately protect workers.
Most workers and workplaces affected by the respirable crystalline silica rule are in construction (about 87% of covered workers and 89% of covered workplaces).
Most importantly, evidence indicates that the previous PELs do not adequately protect workers.
Respirable crystalline silica has long been recognized to cause silicosis, a progressive, irreversible, and potentially fatal lung disease.
In the years since OSHA adopted the previous PELs, evidence has developed showing that silica exposure causes lung cancer.
Both the National Toxicology Program and the International Agency for Research on Cancer have identified respirable crystalline silica as a human carcinogen.
Silica has also been linked to other lung diseases such as chronic obstructive pulmonary disease, as well as kidney and immune system diseases.

5. Reason for the Rule
Exposure to respirable crystalline silica has been linked to:
Silicosis
Lung cancer
Chronic obstructive pulmonary disease
Kidney disease
Extensive epidemiologic evidence that lung cancer and silicosis occur at exposure levels below 100 µg/m3

6. Health Benefits The effect of the new rule is estimated to prevent:
More than 600 deaths per year
Lung cancer:
Silicosis and other non-cancer lung diseases:
End-stage kidney disease: 193
More than 900 new silicosis cases per year
OSHA expects that the new rule will save over 600 lives and prevent over 900 new silicosis cases every year.

7. Construction Standard
(a) Scope (b) Definitions (c) Specified exposure control methods- Table 1 OR (d) Alternative exposure control methods (1) PEL (2) Exposure Assessment (3) Methods of Compliance (e) Respiratory protection (f) Housekeeping (g) Written exposure control plan (h) Medical surveillance (i) Communication of silica hazards (j) Recordkeeping (k) Dates
This slide shows the major provisions of the standard for construction.
The construction standard follows a new approach to give construction employers more flexibility in addressing circumstances in their industry while offering workers protections that are as effective as those provided in general industry and maritime.
Conditions in the construction industry warrant a standard that is somewhat different due to the transient nature of work, changing environmental conditions, common tasks where exposures to respirable crystalline silica are significant, and evidence on the effectiveness of controls needed to reduce exposures.
The key difference is the specified exposure control methods approach—a flexible alternative to the traditional approach of assessing exposures and complying with the PEL using engineering and work practice controls to the extent feasible.
Construction employers can follow either the specified exposure control methods or alternative exposure control methods.
The specified exposure control methods approach involves following Table 1, which specifies effective controls, work practices, and respiratory protection for 18 construction tasks. Employers who fully and properly implement controls on Table 1 are not subject to the PEL and are not required to assess exposures for employees engaged in those tasks.
If employers follow the alternative exposure control methods approach, they must comply with the PEL and provisions for exposure assessment. They must also follow the hierarchy of controls under methods of compliance.
All construction employers, regardless of which approach they follow, are required to comply with all the other provisions of the standard including respiratory protection, housekeeping, written exposure control plan, medical surveillance, training, and recordkeeping.

8. From Small Entity Compliance Guide

9. Construction – Specified Exposure Control Methods
Table 1 in the construction standard matches 18 tasks with effective dust control methods and, in some cases, respirator requirements.
Employers that fully and properly implement controls on Table 1 do not have to:
Comply with the PEL
Conduct exposure assessments for employees engaged in those tasks
Table 1 in the construction standard lists common construction tasks known to generate high exposures to respirable crystalline silica, and identifies effective engineering controls, work practices, and respiratory protection for each task.
When following this approach, employers must fully and properly implement the specifications listed on Table 1 for each employee engaged in the task.
If they do this, they do not have to comply with the PEL or conduct exposure assessments.
This approach simplifies compliance by avoiding the challenge of characterizing exposures and determining the effectiveness of controls in changing environments and conditions, while ensuring that employers are using controls that will adequately protect workers.

10. List of Table 1 Entries Stationary masonry saws Handheld power saws
Handheld power saws for fiber cement board
Walk-behind saws
Drivable saws
Rig-mounted core saws or drills
Handheld and stand-mounted drills
Dowel drilling rigs for concrete
Vehicle-mounted drilling rigs for rock and concrete
Jackhammers and handheld powered chipping tools
Handheld grinders for mortar removal (tuckpointing)
Handheld grinders for other than mortar removal
Walk-behind milling machines and floor grinders
Small drivable milling machines
Large drivable milling machines
Crushing machines
Heavy equipment and utility vehicles to abrade or fracture silica materials
Heavy equipment and utility vehicles for grading and excavating
This slide shows the 18 entries on Table 1
The table covers the most common tasks in construction that involve exposure to respirable crystalline silica.

11. Example of a Table 1 Entry
Equipment / Task
Engineering and Work Practice Control Methods
Required Respiratory Protection and
Minimum APF
≤ 4 hr/shift
> 4 hr/shift
Stationary masonry saws
Use saw equipped with integrated water delivery system that continuously feeds water to the blade.
Operate and maintain tool in accordance with manufacturer’s instructions to minimize dust emissions.
None
This slide shows an example of an entry on table 1.
If an employer with employees using stationary masonry saws fully and properly implements the controls specified in the second column, no respiratory protection would be required for employees engaged in that task, regardless of the duration of exposure.

12. Example of a Table 1 Entry
Equipment / Task
Engineering and Work Practice Control Methods
Required Respiratory Protection and
Minimum APF
≤ 4 hr/shift
> 4 hr/shift
Handheld power saws
(any blade diameter)
Use saw equipped with integrated water delivery system that continuously feeds water to the blade.
Operate and maintain tool in accordance with manufacturers’ instruction to minimize dust
When used outdoors
When used indoors or in an enclosed area
None
APF 10
This slide shows an example of an entry on table 1 that includes requirements for respiratory protection.
If an employer with employees using handheld power saws fully and properly implements the controls specified in the second column, no respiratory protection would be required for employees engaged in that task outdoors for four hours or less.
If employees use handheld power saws outdoors for more than four hours per shift, or indoors for any length of time, a respirator with an assigned protection factor of 10 would be required.

13. Engineering Controls Cutting block without engineering controls
The most common methods of limiting silica exposures are wet methods, where water is used to keep silica-containing dust from getting into the air, and vacuum dust collection systems, which capture dust at the point it is made.
Cutting block using water to control the dust

14. Engineering Controls (cont.)
Grinding without engineering controls
Grinding using a vacuum
dust collector

15. Engineering Controls (cont.)
Jackhammer use without engineering controls
Jackhammer use with water spray to control dust

16. Fully and Properly Implementing Controls Specified on Table 1
Presence of controls is not sufficient.
Employers are required to ensure that:
Controls are present and maintained
Employees understand the proper use of those controls and use them accordingly
Two critical components of this approach are: fully and properly implementing controls; and identifying employees engaged in the task.
In order for an employer to be in compliance, the specified controls, work practices, and respiratory protection must be fully and properly implemented.
Mere presence of controls is not sufficient—employers are required to ensure that controls are properly maintained and used.
For example—for vacuum dust collection systems—the shroud must be intact and installed according to the manufacturer’s instructions; the hose connecting the tool to the vacuum must be intact or without kinks of tight bends that would prevent vacuum from providing sufficient air flow; the filter must be cleared or changed as frequently as necessary; and dust collection bags must be emptied as frequently as necessary.
For water systems—an adequate water supply must be provided; spray nozzles must not be clogged; and water must be applied at the point of dust generation or other specified location.
Resources for understanding full and proper implementation include manufacturer’s instructions; industry best practices; and the competent person.

17. Employees Engaged in Table 1 Tasks
Employees are “engaged in the task” when operating the listed equipment, assisting with the task, or have some responsibility for the completion of the task
Employees are not “engaged in the task” if they are only in the vicinity of a task
Employees engaged in the task include the tool operator and other employees who are assisting with the task (for example, a worker helping the operator of a walk-behind saw by guiding the saw and making sure that the cutting is precise).
For employees not engaged in the task, access must be limited according to procedures described in the written exposure control plan (to be discussed later).

18. Dust Collection
Dust collector must provide the air flow recommended by the tool manufacturer, or greater, and have a filter with 99% or greater efficiency – (iii) Handheld power saws for cutting fiber-cement board (with blade diameter of 8 inches or less)
Dust collector must have a filter with 99% or greater efficiency and a filter-cleaning mechanism – (vii) Handheld and stand-mounted drills (including impact and rotary hammer drills)
Use a HEPA-filtered vacuum when cleaning holes - (vii) Handheld and stand-mounted drills (including impact and rotary hammer drills)
Dust collector must provide 25 cubic feet per minute (cfm) or greater of airflow per inch of wheel diameter and have a filter with 99% or greater efficiency and a cyclonic pre-separator or filter cleaning mechanism - (xi) Handheld grinders for mortar removal (i.e., tuckpointing)
(iii) Handheld power
saws for cutting fiber-cement
board (with
blade diameter of 8
inches or less)
(vii) Handheld and stand-mounted
drills (including impact and rotary
hammer drills)
(xi) Handheld grinders for mortar
removal (i.e., tuckpointing)

19. Indoor/Outdoor Indoor or enclosed area =
Areas where airborne dust can build up unless additional exhaust is used
What is considered additional exhaust?
the use of portable fans
portable ventilation systems
or other systems that increase air movement and assist in the removal and dispersion of airborne dust

20. Indoor/Outdoor Examples of Enclosed Areas
Open-top structure with three walls and limited air movement
Roof structure that limits air dispersal
Asses the area and implement necessary controls in WECP

21. Water Delivery System
Integrated water delivery systems are required for several types of equipment in Table 1
Integrated water systems must be developed specifically for the type of tool in use so they will apply water at the appropriate dust emission points based on tool configuration and do not interfere with other tool components or safety devices. able 1.
Flow rates vary to control dust; therefore must follow manufacturer’s instructions.

22. Water Delivery System Secondary exposure from slurry
WECP
Consider environmental factors:
Cold Temperature - Freezing

23. Task Duration Shift: A standard 8-hour work period;
A day with a break between work periods
(e.g., four hours on, two hours off, four
hours on);
Work periods longer than eight hours;
Double shifts within a single day;
A work period spanning two calendar days (e.g., 8 pm to 4 am)
The Table is divided into two Durations: 1) Less than or equal to four hour shift 2) Greater than or equal to four hour shift

24. Task Duration
Multiple tasks in Table 1 during the course of a shift, and the total duration of all tasks combined is less than four hours, the required respiratory protection for each task is the respiratory protection specified in the less than four hours per shift column.
The Table is divided into two Durations: 1) Less than or equal to four hour shift 2) Greater than or equal to four hour shift
If an employer estimates that an employee will perform a single task for four hours or less during a single shift, then the employer must ensure that the employee uses whichever respirator, if any, is specified in the “≤ 4 hr/shift” column in Table 1. If an employer estimates that the task will take more than four hours, then the employer must ensure that the employee uses any respiratory protection specified in the “> 4 hr/ shift” column in Table 1, during the entire task, not just during the time beyond the first four hours that the task is performed.

25. Task Duration
If the total duration of all Table 1 tasks combined is more than four hours per shift, the required respiratory protection for each task is the respiratory protection specified in the more than four hours per shift column.

26. Task Duration
An employee cuts and places bricks, one at a time, for four hours consecutively and then spends 30 minutes cleaning up the saw and emptying slurry or dust collectors. Question: What is the total task duration?
Answer: 4.5 hours

27. Task Duration
An employee cuts multiple bricks for 15 minutes, lays bricks for two hours before returning to cut more bricks for another 30 minutes. Question: What is the total task duration?
Answer: 45 mins

28. Respiratory Protection Requirements on Table 1
Where respirators are required, they must be used by all employees engaged in the task for entire duration of the task
Must comply with 29 CFR
In addition to specifying controls and work practices, Table 1 includes respiratory protection requirements for some equipment/tasks.
If an employee is engaged in more than one Table 1 tasks and the duration of all tasks added together is more than 4 hours per shift, employers must follow the respiratory protection requirements in the greater then four hour column for each task.

29. Assigned Protection Factor
APF means the workplace level of respiratory protection that a respirator or class of respirators is expected to provide to employees when the employer implements a continuing, effective respiratory protection program as specified by 29 CFR
APFs are used to select the appropriate class of respirators that will provide the necessary level of protection.

30. Assigned Protection Factor
Half mask Filtering Facepiece Dust mask
APF=10
Does it need to be fit tested?
YES if it is required

31. Assigned Protection Factor
Half mask Elastromeric Respirator
APF=10
Does it need to be fit tested?
YES if it is required

32. From Small Entity Compliance Guide for Respiratory Protection Standard
(3) This APF category includes filtering facepieces, and half masks with elastomeric facepieces.

33. Medical Surveillance
Employers must offer medical examinations to workers who will be required to wear a respirator under the standard for 30 or more days a year.
Employers must offer examinations every three years to workers who continue to be exposed above the trigger
Exam includes medical and work history, physical exam, chest X-ray, and pulmonary function test (TB test on initial exam only)
Workers with high exposures to respirable crystalline silica must be offered medical examinations.
Medical surveillance is intended to identify cases of silica-related disease; identify health conditions that may place a worker at increased risk from exposure to respirable crystalline silica; and determine a worker’s ability to use respiratory protection.
Any worker who will be required to wear a respirator under the standard for 30 or more days a year must be offered an exam initially and at least every three years.
The standard specifies the content of the exams.

34. Medical Opinion
Worker receives report with detailed medical findings, any work restrictions, and recommendations concerning any further evaluation or treatment
Employer receives an opinion that only describes limitations on respirator use, and if the worker gives written consent, recommendations on:
Limitations on exposure to respirable crystalline silica, and/or
Examination by a specialist
The medical information provided to the employer is different from that provided in other OSHA chemical-specific health standards.
The worker receives a full report from the physician or other health care professional who provides the exam.
The employer receives a written medical opinion that describes limitations on respirator use – any recommended limitations on the worker’s exposure to respirable crystalline silica, or any referral to a specialist, are only provided to the employer if the worker provides his or her written consent.
Workers, unions, and doctors objected to giving this information to the employer because many workers would not participate in medical surveillance because they feared employers would discriminate or retaliate against them due to their medical condition.

35. Housekeeping
When it can contribute to exposure, employers must not allow:
Dry sweeping or brushing
Use of compressed air for cleaning surfaces or clothing, unless it is used with ventilation to capture the dust
Those methods can be used if no other methods like HEPA vacuums, wet sweeping, or use of ventilation with compressed air are feasible
Certain cleaning methods, such as dry sweeping and use of compressed air, can contribute to worker exposure to respirable crystalline silica.
The standard restricts use of these cleaning methods.
Dry sweeping, dry brushing, and use of compressed air for cleaning are only allowed if other methods such as wet sweeping and HEPA-vacuuming are not feasible, or if a ventilation system is used to capture the dust cloud created by the compressed air.

36. Housekeeping
Sweeping compounds is an acceptable dust suppression housekeeping method.
Compressed air is allowed when in conjunction with a ventilation system that effectively captures dust cloud or where no alternative method is feasible.
Certain cleaning methods, such as dry sweeping and use of compressed air, can contribute to worker exposure to respirable crystalline silica.
The standard restricts use of these cleaning methods.
Dry sweeping, dry brushing, and use of compressed air for cleaning are only allowed if other methods such as wet sweeping and HEPA-vacuuming are not feasible, or if a ventilation system is used to capture the dust cloud created by the compressed air.

37. Construction – Written Exposure Control Plan
The plan must describe:
Tasks involving exposure to respirable crystalline silica
Engineering controls, work practices, and respiratory protection for each task
Housekeeping measures used to limit exposure
Procedures used to restrict access, when necessary to limit exposures
A written exposure control plan is intended help employers consistently control exposure by describing tasks resulting in exposure and controls for those exposures, as well as housekeeping measures.
The written exposure control plan for construction must include a description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other contractors.
In construction, there is no requirement to establish regulated areas.
This provision is intended to limit exposures to employees who might otherwise work adjacent to tasks that involve high exposures to respirable crystalline silica dust.
Limiting access is necessary when workers are required to use respiratory protection for a task.
Examples of how access can be restricting include moving employees upwind or scheduling high-exposure tasks when others are not around.
Construction employers will not need to constantly update the plan for new locations, as long as the plan addresses the tasks, control measures, and procedures used to restrict access at the location.
Written exposure control plans must be reviewed annually and updated as needed, and must be made available to employees, their designated representatives, OSHA and NIOSH.

38. Construction – Competent Person
Construction employers must designate a competent person to implement the written exposure control plan
Competent person is an individual capable of identifying existing and foreseeable respirable crystalline silica hazards, who has authorization to take prompt corrective measures
Makes frequent and regular inspection of job sites, materials, and equipment
The construction standard requires the employer to designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan.
The competent person definition is similar to that in other OSHA construction standards. The competent person must have the knowledge and ability to implement the written exposure control plan.

39. Communication of Hazards
Employers required to comply with hazard communication standard (HCS) (29 CFR )
Address: Cancer, lung effects, immune system effects, and kidney effects as part of HCS
Train workers on health hazards, tasks resulting in exposure, workplace protections, the identity of the competent person, and the medical surveillance program
Hazard communication requirements are similar to those of other OSHA chemical-specific health standards.
Employers are required to comply with the requirements of OSHA’s hazard communication standard for labels, safety data sheets, and training.
Workers must be able to demonstrate knowledge and understanding of the training subjects.

40. Recordkeeping Must maintain records per 29 CFR 1910.1020 for:
Air monitoring data
Objective data
Medical records
Employers are required to keep records of the exposure assessments and medical exams provided under the standard.

41. How CSHO will assess the situation and the work conducted at site

42. Other Standards Respirator Standard 1910.134 Noise 1926.52
Hazard Communication Program
Machine Guarding

43. Guidance and Outreach
OSHA Silica Webpage:
OSHA Fact Sheet: Cyrstalline Silica Rule: Construction
Small Entity Compliance Guide for the Respirable Crystalline Silica Standard for Construction
Guidance and outreach materials are available on OSHA’s silica rule webpage.
An appendix to the standard provides guidance for physicians and other health care professional who provide medical examination for workers exposed to respirable crystalline silica under the standard.
OSHA also expects to publish a small entity compliance guide for construction around the middle of this year.

44. Guidance and Outreach
Assigned Protection Factors for the Revised Respiratory Protection Standard
Interim Enforcement Guidance for the Respirable Crystalline Silica in Construction Standard, 29 CFR
Guidance and outreach materials are available on OSHA’s silica rule webpage.
An appendix to the standard provides guidance for physicians and other health care professional who provide medical examination for workers exposed to respirable crystalline silica under the standard.
OSHA also expects to publish a small entity compliance guide for construction around the middle of this year.

45. Questions?