Highlights of OSHA’s web chat on its proposed silica rule, Part 3
"What impact will this rule have on small businesses?"
OSHA held a web chat last week on its proposed rule on Occupational Exposure to Respirable Crystalline Silica that gave small businesses and other stakeholders the opportunity to ask questions about a proposal that OSHA predicts will prevent thousands of deaths from silicosis, lung cancer, and other diseases among the American workforce.
Following are some of the exchanges that took place during the web chat:
Q: What is OSHA's definition of feasible? OSHA: The OSH Act requires OSHA to set standards which most adequately assures, to the extent feasible, that no employees will suffer the material impairment of health or functional capacity. According to court decisions, OSHA must prove a reasonable possibility that the typical firm will be able to develop and install engineering and work practice controls that can meet the PEL (permissible exposure limit) in most of its operations. In developing this proposal, OSHA made numerous site visits to ensure it’s possible for establishments to comply with the proposed rule. OSHA’s preliminary feasibility assessment was based on the best information available to the Agency at the time the proposal was issued. That information is presented in OSHA’s Preliminary Economic Analysis (PEA), 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).
Q: What are the medical surveillance requirements? Are there differences between general industry and construction? OSHA: Under the proposed rule, employers would be required to offer an initial examination within 30 days after an employee’s initial assignment. In addition, employers would be required offer medical surveillance every three years to workers exposed above the PEL for 30 or more days per year. Among other things, medical surveillance would include a physical exam, chest x-ray, and lung function testing. The requirements are the same for general industry and construction. Employers following Table-1 in the proposed construction standard would be required to offer medical surveillance only to workers performing tasks that involve respirator use 30 or more days per year because they are assumed to be exposed above the PEL.
Q: Is OSHA going to recommend engineering controls and work practice controls in the standard? OSHA: Under the proposed rule, employers would be required to first implement feasible engineering controls before requiring employees to wear respirators. Respirators cannot be used unless engineering and work practice controls alone are not sufficient to reduce silica exposure below the permissible exposure limit (PEL).
Q: If there have been only 600 deaths from years 2006 thru 2010, how can a revision to the rule result in the prevention of up to 700 deaths annually? OSHA: 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.
Q: How can I get in contact with providers of the consultation program for the state of Alabama? OSHA: The contact information for the Alabama onsite consultation program is:
Alabama Safe State Program
University of Alabama
432 Martha Parham West, Room 432,
Tuscaloosa, AL 35487,
To contact them by phone, call 205-348-8975 or 1-800-321-OSHA and ask to be connected to the Alabama consultation program. Q:
Q: Why did OSHA not provide economic impact data relative to short line railroads? OSHA: OSHA’s economic analysis did include estimated costs to rail transportation. See Chapter 5 of the PEA and Table VIII-9 in the Federal Register notice for OSHA’s cost analysis on rail transportation. We welcome comment on the impact of the proposed rule on short line railroads.