What Contractors Need to Know About OSHA’s New Silica Rule

By on August 22, 2017

From ConstructionDIVE:  After a few legal fits and starts, as well as extra time for review and input, the Occupational Safety and Health Administration’s new silica standard for construction is scheduled to go into effect about a month from now, on Sept. 23.

What that means is contractors who engage in activities that create silica dust — that is, respirable crystalline silica — such as by cutting, grinding or blasting materials like concrete, stone and brick, must meet a stricter standard for how much of that dust workers inhale. The same goes for employers of tradespeople working around such activities.

The new standard also specifies what services employers must make available to workers who are exposed to high levels of silica dust and the training required of those who are at risk.

Inhaling silica dust can lead to silicosis, an incurable lung disease that can be fatal if severe enough. Those with too much silica exposure can also develop lung cancerkidney disease and chronic obstructive pulmonary disease.

This isn’t the first time OSHA has attempted to limit exposure to breathable silica. The standard slated to go into effect next month will take over for OSHA’s first silica standard, which was issued in 1971 when the Department of Labor first established the agency. The DOL has been studying silica dust and its relationship to worker deaths since the 1930s.

The existing standard requires that silica dust particles, which are 100 times smaller than sand granules, be limited to 250 micrograms per cubic meter of air over an average of eight hours — the hours of a typical work shift. The new standard reduces that to 50 micrograms over the same time period.

OSHA introduced the new standard in 2013, but some OSHA officials have been advocating for a silica rule change for at least 20 years, according to Joseph Paranac Jr., a Newark, NJ–based attorney with the law firm LeClairRyan. “Sometimes it takes a lot of pressure to get them to issue a new standard,” he said.

Those who do not comply with the new standard will be subject to a maximum fine of $12,675 for a serious or other-than-serious violation; $12,675 per day past the abatement date for a failure-to-abate violation; and $126,749 for a repeated or willful violation.

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