Builders oppose OSHA's proposed silica rule

The proposed rule for silica would be
too expensive, builders say.

In a classic tug-of-war between keeping contractors safe on the job and the cost of that safety, builders are battling the Occupational Safety and Health Administration over its proposed standards for silica.

Crystalline silica is found in soil, sand, granite, quartz, and other natural substances that contractors work with.

When blasted, cut, or drilled, those stones and minerals produce dust that workers can inhale.

Long-term exposure can lead to respiratory problems and silicosis, a chronic lung disease.

OSHA’s plan to require more aggressive protection has been in limbo since the agency introduced it in September 2013.

After multiple extensions, the proposed rule had one of the longest public comment periods in OSHA’s history.

Although the comment period is closed, the Construction Industry Safety Coalition, a consortium of 25 trade associations, sent a report to OSHA last week saying the agency’s proposed requirements for lowering the exposure to silica on job sites could cost the industry billions of dollars more than the government has projected.

In an accompanying letter to Assistant Labor Secretary David Michaels, a lawyer for the Coalition called the proposed rule “potentially… the most expensive OSHA standard ever for the construction industry.”

The government’s case

Both sides agree that contractors working in mining, quarrying, road construction, with cement or flint, and in sand blasting and glass industries are most likely to be at risk.

But they disagree about the best way to mitigate that risk.

OSHA’s proposed construction standard would require employers to measure the amount of silica that workers are exposed to, during an eight-hour work day, to see if it could exceed a level acceptable to OSHA (25 micrograms of silica per cubic meter of air). If the exposure measures more than 50 micrograms, the company must protect workers.

In addition, the proposed rule would require construction firms to limit workers’ access to high-exposure areas; use dust controls to protect workers from inhaling higher-than-acceptable amounts of the powder; supply respirators when those dust controls aren’t enough to limit a worker’s exposure; and offer medical exams, including chest X-rays and lung function tests, every three years to workers who are exposed to high levels of silica for 30 or more days a year.

The rule would also mandate more employee training and careful record-keeping that documents workers’ exposure and medical exams.

At a congressional hearing in mid-March, Labor Secretary Thomas Perez defended the upcoming standard.

“We’re trying to save lives here, and exposure to silica kills,” Perez told the House Labor, Health and Human Services, Education and Related Agencies Subcommittee.

House Republicans questioned the need for the rule, suggesting that OSHA do a better job of enforcing its existing standard. Compliance with the current rule is 70%.

The builders’ response

Builders and trades involved in commercial, residential, road, and heavy industrial construction have partnered to oppose the proposed rule. They back a Construction Industry Safety Coalition request for OSHA to withdraw its planned new standard and instead bolster enforcement of the existing rule.

The cross-sector Coalition claims that the proposed silica standards will cost the industry $5 billion per year—a whopping $4.5 billion more than OSHA has estimated.

“We are deeply concerned about the misguided assumptions and cost and impact errors that OSHA has relied upon in creating this proposed rule that will significantly affect our industry,” Tom Woods, chairman of the National Association of Home Builders, said in a press release.

Woods asked OSHA to put its proposal aside and instead work with the industry on a compromise that is “technologically and economically feasible [and] also works to improve industry workers’ health and safety.”

The Coalition claims OSHA’s cost estimates reflect “a fundamental misunderstanding of the construction industry.”

The Coalition’s report estimates that 80% of the cost of complying with the proposed rule will come from paying for additional equipment, labor, and record-keeping.

The remaining 20% will result from increased prices for materials like concrete, glass, roofing shingles, tile, paint, and countertops, as manufacturers pass their compliance costs on to builders.

In addition, the industry has predicted that the proposed rule will lead to the loss of more than 33,000 full-time jobs among contractors, equipment suppliers, and building products manufacturers, and another 20,000 economy-wide when laid-off construction and supplier workers no longer have earnings to spend.

Add in part-time and seasonal jobs, and the number soars to 80,000 lost positions, the Coalition’s report says.

Source: Construction Dive

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Silica dust regulations spark outrage

Exposure rules provoke row with senators

Construction workers are often exposed to
silica dust, which is linked to lung disease.

Crystalline silica dust released during construction work can cause serious lung damage.

Senate accusations of prejudice have forced a US government agency to defend its actions over a proposed tightening of regulations concerning industrial workers’ exposure to deadly silica dust.

The row blew up late last year when the Occupational Safety and Health Administration (OSHA) began a public consultation on setting new limits for working with the dust, which is a major hazard for construction workers, causing serious lung disease.

The agency ruffled feathers in the Senate when it asked that those submitting evidence should declare their funding sources.

Last November, a group of 16 senators wrote an open letter to OSHA criticizing the move for its implication that the agency might prejudge submissions. The consultation period closed on 11 February, and OSHA is now vigorously defending its request.

“What I’m doing here is essentially saying the information that we will base our standard on has to be of the highest integrity, and we have to do it in a transparent manner, and conflict-of interest disclosure is an important component of both of those,” David Michaels, the head of OSHA, told Nature.

“It would be surprising right now if a scientific journal didn’t ask for that information.”

Produced by tasks such as grinding concrete and sandblasting, used in the construction and other industries, crystalline silica dust can cause silicosis — an incurable disease involving inflammation of the lungs — and lung cancer.

The dust is thought to kill or disable thousands of people in the United States every year, but guidelines on working with it have not been updated for more than 40 years.

“Our current standard is antiquated,” says Michaels. “There are literally millions of workers in the United States who are exposed to dangerous levels of silica.”

The present rules generally advise limiting exposure to roughly 100 micrograms of crystalline silica per cubic metre of air, averaged over 8 hours. OSHA has proposed halving this limit.

Workers would also have to be better protected, for example by dust being ‘wetted down’ and with the use of extraction fans.

OSHA estimates that the new regulations will cost about US$640 million a year, with employers picking up most of the tab, but the agency believes that the rules will save up to 700 lives a year. US standards are also influential in other countries, some note, potentially saving many more workers’ lives.

The proposals were published in the Federal Register last September, at the start of the consultation period.

The Associated General Contractors of America, an industry group based in Arlington, Virginia, called the proposals “significantly flawed” and “rife with errors and inaccurate data”.

And shortly after they were published, the group of senators, led by Lamar Alexander (Republican, Tennessee), a senior member of the Senate Committee on Health, Education, Labor, and Pensions, wrote to OSHA saying that they were “very concerned about OSHA’s attempt to have commenters disclose their financial backers”.

They added that the request “raises questions” about whether OSHA would prejudge submissions on the basis of who was sending them.

There is also support for the new silica standard. Tee Guidotti, a physician in Washington DC and a member of the American Thoracic Society’s Environmental Health Policy Committee, says that the scientific case for the proposed limit is “close to being bulletproof”.

He adds that, if it is successful, it could provide a template for how OSHA deals with similar hazards, such as dust and radon.

The viewpoints contained in the 1,600 or so comments received through the consultation will be discussed in public hearings starting on 18 March. It will probably be several years before a final rule is enacted.

Source: Nature

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Silica exposure limits on the cutting block

Silica exposure can cause lung cancer.

(Reuters Health) - The U.S. government is planning stricter controls on exposure to silica, a carcinogen found in workplaces ranging from dentist's offices to granite quarries, according to a new report.

Silica is powdered quartz, in particles so small they can be inhaled deep into the lungs.

The Occupational Safety and Health Administration (OSHA) estimates that 2.2 million people in the U.S. are exposed to silica at work, including 1.85 million construction workers.

Other occupations carrying a risk of silica exposure include sandblasting, mining, stone grinding, as well as ceramic and glass manufacturing. Dental assistants may be exposed if they grind silica-containing casts and porcelains.

Silica has long been known to cause silicosis, and evidence now confirms that silica exposure can cause lung cancer as well, Kyle Steenland of Emory University in Atlanta, a co-author of the new report, told Reuters Health.

Silicosis causes varying degrees of breathing difficulty, and there is no cure or treatment. Recent research has also shown that non-smokers can get lung cancer from silica exposure, and that people who develop silica-related lung cancer don't always have silicosis, Steenland and his colleague Elizabeth Ward of the American Cancer Society note.

Lower exposure limits

OSHA is planning to lower permissible levels of silica exposure from 0.1 milligrams per cubic meter of air to 0.05 mg/m3, which the agency estimates will save 700 lives per year, and prevent 1,700 cases of silicosis annually. The current standard dates back to 1971.

The preferred approach to reducing silicon exposure is to use less hazardous materials, ventilate work areas where silicon dust is produced and use water-based methods so dust can't escape into the air, Steenland said.

"Respirators may be useful for workers in short-term high exposure situations, but are generally not recommended as the primary means of exposure control due to worker discomfort, difficulties in communicating with others, lack of compliance and enforcement, and the fitting and maintenance requirements," Steenland and Ward write in their report, published in CA: A Cancer Journal for Clinicians

Anyone who has been exposed to silica and smokes should quit, Steenland said in an interview. Smoking aggravates the carcinogenic effects of silica, and smokers with high silica exposure can cut their risk of lung cancer up to five-fold by quitting, according to the new report.

People with a history of silica exposure may also qualify to undergo screening for lung cancer using CT scanning, the investigators note.

OSHA recently extended the public comment period for the proposed silica exposure rule to January 27, 2014. [Update: The comment period is now extended to Feb. 11. See more info here.]

While there is always a balance between worker protection and employers' interests, "I'm fairly confident that this standard will be put into place," Steenland said.

Source: Reuters

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VIDEO: 'Stop Silicosis': Workplace Safety In 1938

They were worried about it in 1938 and today, nearly 2 million American workers are exposed to workplace silica dust. Legislation to cut the legal exposure limits are still in limbo. OSHA sent a proposal for new silica rules to the White House Office of Management and Budget, but almost two years later, it's still under review....