"Highlights of OSHA’s web chat on its proposed silica rule, Part 2
"What assistance is OSHA going to give to small employers?'
OSHA held a web chat last week that gave small businesses and other stakeholders the opportunity to ask questions about its proposed rule on Occupational Exposure to Respirable Crystalline Silica.
Following are some of the exchanges that took place during the web chat:
Q: What are the main training elements in the proposal, and do they differ between general industry and construction OSHA: The training provisions in the proposed construction and general industry standards are identical. They largely mirror OSHA’s current Hazard Communication Standard. Employers would be required to ensure that each affected employee can demonstrate knowledge of:
• The silica standard
• operations involving silica exposure;
• Procedures to protect employees; and
• The medical surveillance program.
See paragraph (i) of the proposed rule for the precise language.
Q: What was the basis for the selected tasks in Table 1 of the construction proposal ? OSHA: Table 1 lists the common tasks at construction sites for which OSHA found sufficient monitoring data to evaluate the effectiveness of engineering controls necessary to comply with the proposed exposure limit. Table 1 was developed to implement recommendations made by small business representatives during the Small Business Regulatory Enforcement Fairness Act (SBREFA) process. In developing control strategies for each of the thirteen control operations in Table 1, OSHA relied upon information from a variety of sources including scientific literature, NIOSH reports, OSHA site visits and compliance files. The information relied on by OSHA is contained in Chapter 4 of OSHA’s Preliminary Economic Analysis (available on OSHA’s silica web page at: http://www.osha.gov/silica/index.html, and in the docket (http://www.regulations.gov/#!home: Docket ID: OSHA-2010-0034-1720). The agency invites public comment on Table 1.
Q: Does the DOL have any data showing an increase/decrease in actual silicosis illnesses attributed to workplace exposure? OSHA: Silicosis is almost exclusively an occupational disease. The Centers for Disease Control and Prevention (CDC) estimates that from 2006 through 2010, silicosis was listed as the underlying or a contributing cause of death on over 600 death certificates in the United States but most deaths from silicosis go undiagnosed. Also, many silica-related deaths are caused by chronic bronchitis, emphysema, lung cancer, kidney disease and other diseases; these deaths are not reflected in the death certificate statistics cited above.
For more information about Silicosis and other health effects of silica see OSHA’s Review of Health Effects Literature and Preliminary Quantitative Risk Assessment. That document is available on OSHA’s silica web page (http://www.osha.gov/silica/index.html) and in the docket (http://www.regulations.gov: Docket ID: OSHA-2010-0034-1711).
Q: You have referred us at least twice to fact sheets at the general web site. Could you give an actual link to those fact sheets? I couldn't find them. OSHA: For fact sheets related to the proposed rule, please visit http://www.osha.gov/silica/. Specifically look under the “Rulemaking Information” tab.
Q: OSHA claims that the new rule will save 700 lives and prevent 1600 new cases of silicosis each year. How was this number arrived? Under the current rules, how many people die each year from silicosis now and how many new cases of silicosis are diagnosed each year? OSHA: OSHA’s preliminary assessment was based on peer-reviewed, published studies of disease risks in worker populations and was the best information available to the Agency at the time the proposal was issued. That information is presented in OSHA’s Review of Health Effects Literature and Preliminary Quantitative Risk Assessment, which fully answers your questions. That document is available on OSHA’s silica web page (http://www.osha.gov/silica/index.html) and in the docket (http://www.regulations.gov: Docket ID: OSHA-2010-0034-1711).
From 2006 through 2010, silicosis was listed as the underlying or a contributing cause of death on over 600 death certificates in the United States but most deaths from silicosis go undiagnosed. Also, many silica-related deaths are caused by chronic bronchitis, emphysema, lung cancer, kidney disease and other diseases; these deaths are not reflected in the death certificate statistics cited above. In addition, studies have indicated that as many as 3700 people acquire silicosis annually in the workplace.
Q: If I have a workplace that uses silica and take industrial hygiene samples that demonstrate that exposures are below the action level, what part of the standard is applicable at my workplace? OSHA: You have essentially met the requirements of the proposed rule, unless any changes are made that could result in exposures at or above the action level (in which case additional exposure assessment would be needed) . If exposures are below the action level, only the Hazard Communication requirements in paragraph (i) of the proposed rule would apply.