OSHA’s Final Rule to Protect Workers from Exposure to Respirable Crystalline Silica
From the Summary of the U. S. Occupational Safety & Health Administration, March 25, 2016
“Rule requires engineering controls to keep workers from breathing silica dust”
The Occupational Safety and Health Administration (OSHA) has issued a final rule to curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America’s workers by limiting their exposure to respirable crystalline silica. The rule is comprised of two standards, one for Construction and one for General Industry and Maritime.
OSHA estimates that the rule will save over 600 lives and prevent more than 900 new cases of silicosis each year, once its effects are fully realized. The Final Rule is projected to provide net benefits of about $7.7 billion, annually.
About 2.3 million workers are exposed to respirable crystalline silica in their workplaces, including 2 million construction workers who drill, cut, crush, or grind silica-containing materials such as concrete and stone, and 300,000 workers in general industry operations such as brick manufacturing, foundries, and hydraulic fracturing, also known as fracking. Responsible employers have been protecting workers from harmful exposure to respirable crystalline silica for years, using widely-available equipment that controls dust with water or a vacuum system.
Key Provisions
>> Reduces the permissible exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter of air, averaged over an 8-hour shift.
>> Requires employers to: use engineering controls (such as water or ventilation) to limit worker exposure to the PEL; provide respirators when engineering controls cannot adequately limit exposure; limit worker access to high exposure areas; develop a written exposure control plan, offer medical exams to highly exposed workers, and train workers on silica risks and how to limit exposures.
>> Provides medical exams to monitor highly exposed workers and gives them information about their lung health.
>> Provides flexibility to help employers — especially small businesses — protect workers from silica exposure.
Compliance Schedule
Both standards contained in the final rule take effect on June 23, 2016., after which industries have one to five years to comply with most requirements, based on the following schedule:
Construction – June 23, 2017, one year after the effective date.
General Industry and Maritime – June 23, 2018, two years after the effective date.
Hydraulic Fracturing – June 23, 2018, two years after the effective date for all provisions except Engineering Controls, which have a compliance date of June 23, 2021.
Background
The U.S. Department of Labor first highlighted the hazards of respirable crystalline silica in the 1930s, after a wave of worker deaths. The department set standards to limit worker exposure in 1971, when OSHA was created. However, the standards are outdated and do not adequately protect workers from silica-related diseases. Furthermore, workers are being exposed to silica in new industries such as stone or artificial stone countertop fabrication and hydraulic fracturing.
A full review of scientific evidence, industry consensus standards, and extensive stakeholder input provide the basis for the final rule, which was proposed in September 2013. The rule-making process allowed OSHA to solicit input in various forms for nearly a full year. The agency held 14 days of public hearings, during which more than 200 stakeholders presented testimony, and accepted over 2,000 comments, amounting to about 34,000 pages of material. In response to this extensive public engagement, OSHA made substantial changes, including enhanced employer flexibility in choosing how to reduce levels of respirable crystalline silica, while maintaining or improving worker protection.
More Information and Assistance
OSHA looks forward to working with employers to ensure that all workers exposed to respirable crystalline silica realize the benefits of this final rule. Please check back for frequent updates on compliance assistance materials and events, and learn about OSHA’s on-site consulting services for small business.
OSHA approved State Plans have six months to adopt standards that are at least as effective as federal OSHA standards. Establishments in states that operate their own safety and health plans should check with their State Plan for the implementation date of the new standards.
See the HAZARD ALERT here.
See also: www.FrackCheckWV.net
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https://www.osha.gov/dts/hazardalerts/hydraulic_frac_hazard_alert.html
Hazard Alert From OSHA, March 25, 2016
Worker Exposure to Silica during Hydraulic Fracturing
The National Institute for Occupational Safety and Health (NIOSH) identified exposure to airborne silica as a health hazard to workers conducting some hydraulic fracturing operations during recent field studies.
Crystalline silica is a common mineral found in the earth’s crust. It occurs primarily as quartz and is a major component of the sand, clay and stone materials used to make every day products such as concrete, brick and glass.
Respirable crystalline silica is the portion of crystalline silica that is small enough to enter the gas-exchange regions of the lungs if inhaled; this includes particles with aerodynamic diameters less than approximately 10 micrometers (μm).
Introduction
Hydraulic fracturing or “fracking” is a process used to “stimulate” well production in the oil and gas industry. It is not a new process, but its use has increased significantly in the last 10 years because of new horizontal drilling and multi-stage fracking (or “completions”) technologies that improve access to natural gas and oil deposits. It involves pumping large volumes of water and sand into a well at high pressure to fracture shale and other tight formations, allowing oil and gas to flow into the well.
NIOSH’s recent field studies show that workers may be exposed to dust with high levels of respirable crystalline silica (called “silica” in this Hazard Alert) during hydraulic fracturing.
This Hazard Alert discusses the health hazards associated with hydraulic fracturing and focuses on worker exposures to silica in the air. It covers the health effects of breathing silica, recommends ways to protect workers, and describes how OSHA and NIOSH can help. Workers and employers need to be aware of the hazard that silica dust poses. Employers must ensure that workers are properly protected from exposure to silica. This Hazard Alert also provides a brief summary of other health and safety hazards to workers conducting hydraulic fracturing activities.
OSHA and the NIOSH have been investigating worker safety and health hazards in oil and gas extraction, including chemical exposures during hydraulic fracturing operations.
OSHA has jurisdiction over the safety and health of workers, including workers involved in upstream oil and gas operations. The General Duty Clause of the Occupational Safety and Health (OSH) Act and OSHA’s General Industry Standards (29 CFR 1910) apply to the upstream industry. As part of the enforcement of these regulations, five OSHA regions located in areas of significant upstream activities use national, regional, and local emphasis programs to inspect oilfield worksites, including those that may have ongoing hydraulic fracturing operations.
NIOSH made safety and health in the oil and gas extraction industry a priority focus area in 2005 by creating the National Occupational Research Agenda (NORA) Oil and Gas Extraction Council, which includes OSHA and industry leaders in a cooperative effort to address occupational safety and health issues. To address an existing lack of information on occupational dust and chemical exposures associated with hydraulic fracturing, NIOSH established specific industry partnerships and initiated the NIOSH Field Effort to Assess Chemical Exposure Risks to Gas and Oil Workers*. Exposure to silica during hydraulic fracturing has been the focus of the NIOSH study to date.
See also: http://www.FrackCheckWV.net