Silica Rule Not Needed; Too Expensive, Small Business Reps Tell OSHA

Most small businesses on a panel considering a new OSHA rulemaking for silica say a standard is not needed at this time and believe that the major problems come from noncompliance with the existing standard. The “Small Business Entity Representatives” (SERs) told OSHA that “a new standard would simply force those already in compliance to spend more money, while doing nothing to end existing noncompliance.” OSHA has said that it considered leaving the current regulations in place but found the resulting circumstances would be unacceptable.

The small business committee’s report recommends that OSHA “give consideration to the alternative of improved enforcement of and expanded outreach for the existing rule rather than a new rule.” It also said that small businesses are generally at a competitive disadvantage in complying with the rule, “lacking economies of scale available to larger businesses.”

Crystalline silica has been on OSHA’s regulatory agenda since 1997. Under the draft proposed standards—one for general industry and maritime and one for construction—the agency is considering lowering the silica PEL to either 50, 75, or 100µg/m³. OSHA’s current PEL for respirable silica—included under the air contaminants standard—is 10mg/m³ divided by the percentage of quartz plus two.

The agency estimates that compliance with the draft standards for general industry, maritime, and construction would prevent 15 fatalities a year—12 from silicosis and three from lung cancer—with a PEL of 100µg/m³; 34 fatalities a year—25 from silicosis and nine from lung cancer—with a PEL of 75 µg/m³; and 60 fatalities a year—41 from silicosis and 19 from lung cancer—with a PEL of 50µg/m³.

The proposed rules on silica for general industry and maritime, and for construction, would include requirements for employers to:

• Install engineering controls and appropriate work practices
• Provide respirators in four situations—within regulated areas; during work operations where feasible controls are not sufficient to reduce exposures to or below the PEL; while engineering controls and work practices are being installed, repaired, or developed, and whenever the employee requests a respirator
• Evaluate employee exposures
• Provide employee health screenings
• Include crystalline silica in their hazard communication programs covering labels, material safety data sheets, information and training
• Provide employee information and training

In May 2002, a hazard review by the National Institute for Occupational Safety and Health (NIOSH) found that, at the current OSHA PEL, the estimated risk for a worker to develop silicosis over a 45-year working lifetime is still 47-90%.

Source: BNA Occupational Safety and Health;
http://www.osha.gov/SLTC/constructionsilica/index.html