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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Occupational diseases on the rise: Nfld report

Occupational disease comes from constant
exposure to irritants at work over a long time.

A new report from the Workplace Health, Safety and Compensation Commission (WHSCC) of Newfoundland and Labrador has offered both good and bad news about oh&s in the province.

On one hand, last year’s lost-time incidence rate of 1.6 (meaning 1.6 incidents per 100 workers), the same as the rate for 2012, was the lowest calculated in the WHSCC’s history.

The rate has steadily declined over the past 13 years, the commission claimed in a press release about the report on April 24.

But the report also noted that of the 30 work-related fatalities that had occurred in 2013, 25 of them resulted from occupational illness. This was an increase from 20 occupational disease deaths in 2012.

The province has also seen a rise in the average number of occupational disease fatalities per year over the past decade, according to Leslie Galway, the WHSCC’s chief executive officer.

From 2004 to 2008, the annual average number of deaths from occupational disease was 13; over the subsequent five years, the annual average was 21.

“We’ve been tracking occupational disease and the fatality aspects as one part of that for a long while,” said Galway. “In a working population of this size, we would be concerned with these outcomes.”

Galway defined occupational disease as illness that results from constant exposure to irritants at work over a long period of time.

Common examples of irritants include dust from asbestos or silica, toxic fumes from chemicals and loud noise. The latter can seriously affect hearing over the long run.

As for how the overall rate of workplace injuries and deaths could decline while occupational disease increased, Galway explained that occupational disease is a long-term development.

“So if you think of something like asbestos or silica dust, it’s usually over a career, and it can be that the exposure took place between 10 or 15 years followed by another 20 years of latency while the disease actually develops,” she said.

“So it takes quite a period of time before you actually see this demonstrated as a disease and a claim to the commission.”

Source: OHS Canada

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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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Respirators Are Not Enough: Worker Exposure to Silica in Hydraulic Fracturing Operations

Some workers are exposed to 10 times the recommended exposure limit for crystalline silica during hydraulic fracturing operations.

(EHSToday.com) A new study, “Occupational Exposures to Respirable Crystalline Silica During Hydraulic Fracturing,” found respirable crystalline silica, a human lung carcinogen, to be an occupational exposure hazard for workers at hydraulic fracturing (fracking) operations. Researchers also found that the most commonly used type of respirator – the half-mask air-purifying respirator – might not provide enough protection for workers.

The study, published in the Journal of Occupational and Environmental Hygiene (JOEH) August issue, is the first systematic investigation of worker exposure to crystalline silica during directional drilling and fracking operations, a process used to stimulate well production in the oil and gas industry.

Field researchers from the NIOSH Western States Office (WSO) and the Division of Applied Research and Technology (DART) collected 111 personal breathing zone samples at 11 sites in five states over a 15-month period to evaluate exposures to respirable crystalline silica during fracking operations.

“Certain work in this industry requires employees to be in areas where respirable silica levels may exceed defined occupational exposure limits like the OSHA Permissible Exposure Limit or the NIOSH Recommended Exposure Limits [RELs],” said researcher Michael Breitenstein, who is with the NIOSH DART in Cincinnati. “However, our study found that in some cases, full shift personal breathing zone exposures exceeded 10 times the REL.”

Respirable silica is the portion of crystalline silica that is small enough to enter the gas-exchange regions of the lungs if inhaled and includes particles with aerodynamic diameters less than approximately 10 micrometers (μm). Occupational exposures to respirable crystalline silica are associated with the development of silicosis, lung cancer, pulmonary tuberculosis and other respiratory diseases. These exposures also may be related to the development of autoimmune disorders, chronic renal disease and other adverse health effects.

“Although half-mask, air-purifying respirators are most commonly used at hydraulic fracturing sites, due to the magnitude of the silica concentrations measured, half-masks might not be sufficiently protective,” said researcher Eric J. Esswein, of the NIOSH WSO in Denver. “In some cases, silica concentrations exceeded the maximum use concentration for that type of respirator.”

According to NIOSH, the risks of silica exposures for workers exposed at or above the REL (0.05 mg/m3) may be minimized by substituting less hazardous materials and using engineering controls to limit exposures. In cases when engineering controls are not sufficient to keep exposures below the REL, NIOSH recommends using appropriate respiratory protection, and making medical examinations available to exposed workers.

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OSHA slow to regulate workplace toxins

Workplace exposure to chemicals and fine dust can
affect workers' health and well-being.

Workers in certain industries and factories can be exposed to a wide variety of toxins that may have detrimental effects on their health.

Federal standards that are supposed to protect workers are often outdated or insufficient. Take the standards regarding beryllium or silica, for example.

Despite both substances being classified as “known human carcinogens”, efforts to update the standards have been delayed for more than a decade for each.

In the meantime, more than 2 million workers are exposed to silica and beryllium at their workplace – and even commonly used protective equipment may not be enough to prevent serious chronic health conditions.

On average, it takes OSHA nearly eight years to issue a health or safety standard. Since 2000, the agency has produced only 11, and some of those were technical amendments to existing rules.

OSHA must prove a substance to be a significant risk before it can adopt costly rules. The rules need to be reviewed by other authorities such as the White House Office of Management and Budget.

Industries and businesses are afraid that new standards will cost too much for protective equipment, health screenings, exposure assessment and pollution-control equipment, but workplace illnesses and deaths carry a huge price tag as well.

According to experts, an estimated 50,000 people die from occupational diseases every year and more than 400,000 people get sick from toxic exposures at the workplace.

Source: The Center for Public Integrity

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Is silica dust the new asbestos?

Health and Safety officials warn against
gaseous and particulate contaminants.

Health and safety officials are honing in on a new threat in the construction industry – silica dust, which is emerging as an occupational risk for workers in the industry.

Airborne chemical contaminants, including silica dust, have been identified as an area of concern for occupational health and safety enforcers.

According to information by WorkSafeBC, a Canadian health and safety organization, statistics show that traumatic work site fatalities have dropped, while fatalities due to occupational disease are on the rise.

Health effects due to chemical exposure typically take longer to emerge, but people that are exposed over a lifetime are dying in the 50s to 70s, meaning that preventative measures should be put in place.

Silica dust is one of many potentially harmful exposures on construction sites. Crystalline silica dust is commonly found in sand, rock and building materials, such as concrete and brick, and is released into the air each time these materials are cut, ground or drilled.

Prolonged exposure to the fine particles at higher than accepted concentrations can lead to lung damage, experts say, and it is a suspected carcinogen. Chronic silicosis develops after 10 or more years of exposure in relatively low doses.

The Canadian exposure limit for respirable crystalline silica (including quartz) is 0.025 milligrams per cubic meter (mg/m3). 

Workers could be exposed to this concentration eight hours per day, five days per week, without adverse health effects, according to the occupational health and safety regulation. However, the official word is that exposures should be kept as low as possible at all time.

Employers have a responsibility to ensure that workers

• Protect themselves with a respirator
• Have the right equipment, including special vacuum cleaners  that capture concrete grinding dust and drills with built-in vacuums
• Use the safest materials possible, ideally without silica

Air monitoring is also advisable to make sure that certain exposure limits are not exceeded.

Source: Journal of Commerce

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Respiratory hazards could cost company almost $100,000 in fines

Worker health and safety is a
must for any business, OSHA says.

Whether you work with metals, wood or plastics, you have a right to breathe healthy air and employers have a responsibility to protect workers from dangerous exposures.

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Northern Steel Castings Inc. for two safety and four health violations at its Wisconsin Rapids carbon steel foundry, including for overexposing workers to crystalline silica, a known respiratory hazard. Proposed fines total $95,480.

Crystalline silica is found in soil, sand, granite and other minerals. Workers can be exposed to it when they chip, cute, drill or grind objects that contain silica.

Health effects: Breathing crystalline silica dust can cause silicosis, an incurable condition that reduces the ability of lungs to take in oxygen.

The company was cited for a willful safety violation as well as other health violations.

Read the entire press release.

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