OSHA Hears Small Employer Comments on Silica Regulation Draft

The cost of complying with a substantially lower permissible exposure limit for crystalline silica could have a significant impact on small business, according to comments received from the OSHA Small Business Advocacy Review Panel during its November meeting. Firms with 60 or fewer employees told OSHA that the lowest silica PEL under consideration—50 micrograms per cubic meter for an eight-hour time-weighted average—is impossible to meet in a cost-effective manner. 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 100 mg/m³.

Small business representatives are also concerned about the definition of competent person excluding nonexempt employees from measuring silica exposure and complicated language regarding proper work clothing and hygiene facilities.

The draft proposed rules were reviewed by 15 small business representatives for general industry and 11 representatives for construction. The panel report on silica is due December 19.

Source: BNA Occupational Safety and Health News; 11-30-03.
http://www.osha.gov/SLTC/silicacrystalline/index.html

Source: Health Effects of Occupational Exposure to Respirable Crystalline Silica (DHHS (NIOSH) Publication No. 2002-129, April 2002)