OSHA’s Respirable Silica Standards
In March 2016, OSHA issued their Respirable Crystalline Silica (RCS) standards. There are two separate Standards, one for Construction (1926.1153) and one for General Industry and Maritime (1910.1053). While similar, there are some significant differences between the 2 Standards. The deadlines for compliance with are rapidly approaching.
Who do the Standards apply to?
The Standards apply to employers that may have exposures to RCS that exceed the Action Level under any foreseeable conditions. Foreseeable conditions include situations where the engineering controls in place to manage exposure fail resulting in overexposures.
Agricultural operations and sorptive clay processing facilities are exempt from the Standards.
As with all OSHA expanded health Standards the exposures apply to those that occur regardless of whether or not the employee is wearing a respirator.
Why did OSHA issue the Standards?
Long term exposure to respirable crystalline silica (RCS) can cause silicosis, a potentially disabling lung disease with no cure, lung cancer and renal disorders. OSHA felt that the existing limit for RCS was not adequately protective and estimated the new rule will save more than 600 lives per year by preventing:
•
124 fatal lung cancers
•325 fatal silicosis and other non-malignant resp. disease
•193 cases fatal renal disease
What is RCS?
The Standard only applies to respirable crystalline silica (RCS). It is important to understand what each of these words mean.
- Respirable: Only particles that are of a respirable size are covered under these Standards. Respirable particles are very small and can penetrate deep into the lungs when inhaled. OSHA uses the example that a respirable sized particle of crystalline silica is at least 100 times smaller than sand found on beaches or in playgrounds. When released into air, these small particles may not visible to the naked eye so the absence of visible dust may not be proof there is no exposure. Once these particles become airborne, they can remain suspended in the air for very long periods of time and readily drift into other areas beyond where they are generated. Some materials as sold may not be present as a respirable dust particle. For example, sand grains may not be of respirable size but as it goes through processing equipment, the particles can become pulverized into very small, respirable sized particles and become airborne. Liquid materials containing crystalline silica don’t present a dust hazards but once dry, processes such as grinding and sanding on these materials can create respirable crystalline silica dust exposure.
- Crystalline: Silica is a mineral composed of silicon and oxygen (silicon dioxide or SiO2). It can exist in a crystalline form or non-crystalline form. In the crystalline form, the silicon and oxygen atoms are arranged in an organized, three dimensional structure. The crystalline forms can cause silicosis while the non-crystalline forms do not. Examples of non-crystalline forms of silica include amorphous silica, fused silica, silica gel, silica fume, colloidal silica and precipitated silica. The substances are not covered by the RCS Standards.
- Silica: Crystalline silica exists in 3 forms (also called polymorphs): quartz, cristobalite and tridymite. Quartz is by far the most common form. Cristobalite, is found less frequently. It can be found in nature and may be used in industrial products such as refractory materials or it can also be created when quartz containing materials are heated to high temperatures. Tridymite is rarely found. Silica is different from substances such as silicone, silicates or silicon which are covered by the RCS Standards.
When reviewing Safety Data Sheets (SDS), look for terms such as crystalline silica, quartz, cristobalite, SiO2, silicon dioxide or free silica, terms that indicate the product could result in exposure to RCS during use. Some SDSs are not clear in identifying whether or not crystalline silica is present or that it could present a hazard to downstream users. The OSHA Hazard Communication Standard (1910.1200) requires that any product that contains more than 0.1% crystalline silica must be classified as a carcinogen under the rules of Hazard Communication 2012 Standard. It does not matter if the crystalline silica is added to the product intentionally or if it is present as an “impurity” in one of the ingredients or is labeled by the supplier as a “trace” substance. OSHA is also clear that hazards created during the anticipated use of the product (also called downstream hazards) must be addressed on SDSs and product labels. Even if the product as sold does not contain crystalline silica in a respirable form, users must be told of its presence so proper protection measures can be taken if downstream processes could create respirable dust.
Where can RCS exposures be found?
Products/materials that may contain crystalline silica include:
- Calcined diatomaceous earth
- Concrete coloring compounds
Workplaces where crystalline silica can be found include:
- Agriculture (production agriculture is not covered under the RCS Standard)
- Asphalt product manufacturing
- Ceramic, clay, vitreous enamel, pottery and porcelain products manufacturing
- Concrete product manufacturing, installation and demolition
- Brick, slate and tile manufacturing and installation
- Construction including road building and repair
- Cut-stone and stone product manufacturing
- Dental equipment and supply manufacturing
- Engineered stone products manufacturing and installation
- Fireproof door manufacturing
- Foundries (mold and core sands, refractories, core washes, ceramics)
- Iron and steel manufacturing (refractories)
- Mineral processing (may be covered under MSHA and not OSHA)
- Mining and quarrying (covered by MSHA, not OSHA)
- Paint, plastics, rubber and adhesive manufacturing
- Refractory manufacturing, repair and removal
- Roofing product manufacturing
- Sand mining and processing
- Soap and detergent manufacturing
- Structural clay material manufacturing
Processes or activities that can create airborne RCS dust include:
- Filling containers or bags with dry materials
- Heavy equipment used for earth moving/grading
- Jackhammering and chipping
- Traffic that disturbs settled dust
- Transfers of dry material from bulk containers (e.g. bags, supersacks, totes)
- Transfer of materials in conveying systems
It should be noted that even if water suppression is used to lower dust exposures, employees can be overexposed to RCS.
What did the RCS Standards do?
- Lowered the Permissible Exposure Limit (PEL) to 50 µg/m3 (0.050 mg/m3) as an 8 hour TWA. The new Standard is for RCS and the old formulas used by Federal OSHA that were based on respirable dust containing silica will no longer apply.
- Established an Action Level of 25 µg/m3 (0.025 mg/m3) as an 8 hour TWA)
- Requires employee exposure assessments or in the case of covered construction activities, adherence to Table 1
- Requires certain additional actions depending on the exposure levels
- Requires a Written Exposure Control Plan
- Prohibits housekeeping methods that create dust unless other methods aren’t feasible
- Requires proper recordkeeping
- Establishes compliance deadlines
What are the differences between the Construction and General Industry/Maritime Standards?
Table 1: Construction has the Table but General Industry/Maritime does not.
Medical Surveillance Programs
- Construction- Employees required to wear a respirator for more than 30 days per year must participate in a Medical Surveillance Program.
- General Industry/Maritime-Employees exposed over the PEL for more than 30 days per year must participate in a Medical Surveillance Program by June 23, 2018. Employees exposed over the Action Level for more than 30 days per year must participate in a Medical Surveillance Program by June 23, 2020.
Competent person: One must be designated under the Construction Standard but not under the General Industry/Maritime Standard.
Regulated Areas: The General Industry/Maritime Standard requires establishment of Regulated Areas where the PEL is exceeded; the Construction Standard does not.
Employee Notification: Post sampling employee notification is 5 days under the Construction Standard and 15 days under the General Industry/Maritime Standard.
Effective dates: September 23, 2017 for Construction covered employers and June 23, 2018 for General Industry/Maritime covered employers.
How do you know if the Construction Standard applies to your operations?
Just because you don’t define yourself as a “construction” company, doesn't mean that tasks performed wouldn’t be considered “construction” work by OSHA. The 29 CFR 1926 Construction standards apply or may apply to the following situations even if done by employees of an employer typically covered by General Industry Standards:
- Construction, alteration, and/or repair activities, including painting & decorating
- New construction, repair of an existing facility or replacement of an existing structure or any of its components
Construction building or work does NOT include manufacturing, furnishing of materials or building servicing and maintenance.
What do you need to do to comply with the Construction RCS Standard?
1.Identify where RCS exposures exist or might exist in your operations. Obtain the Safety Data Sheets for products/materials and review them to determine if crystalline silica present. Assume materials such as concrete, aggregate and sand contain crystalline silica even if you do not have an SDS.
2.Determine if there are exposures under any foreseeable circumstances that might exceed the Action Level.
4.If the task performed is not covered under Table 1, determine if there is objective data available for the task that indicates whether or not exposures are likely to be under the Action Level. The Small Entity Guide provides guidance on what objective data is and how it can be used. The key is that the data must derived from or apply to very similar work activities and conditions performed by an employer. You should document the basis for concluding that an exposure will not exceed the Action Level.
5.If the task does not fall under Table 1 and there is no objective data to indicate what exposures might be, perform employee exposure assessments. Sampling must be done in accordance with the requirements of the Standard (Appendix A of the Standards). “Bystander” employees are not covered by Table 1. Examples of bystander employees would be employees not actually performing the task but are present in the area where a Table 1 task is being performed or employees exposed to RCS dust generated by another contractor working in the area. In these situations, if exposures for the bystander employees could exceed the Action Level, there will be compliance obligations under the RCS Standard.
6.Provide respirators to employees
- For Non-Table 1 Work: Respirators must be provided and used by employees working in jobs where exposures exceed the PEL. They are to be used during the time period when controls are being installed or implemented, when controls are not feasible and when controls cannot reduce exposures below the PEL.
- For Table 1 Work: Respirators must be provided and used when required in Table 1.
7.Implement engineering, work practice or administrative controls to reduce exposure below the PEL for non-Table 1 work. The burden of proof to claim a control is not feasible is on the employer. Document your attempts to control exposures.
8.Housekeeping
- Prohibit the use of dry brushing, dry sweeping for housekeeping unless methods such as wet cleaning or HEPA vacuuming are not feasible.
- Prohibit the use of compressed air for cleaning unless it is used with a ventilation system that effectively captures the dust or if alternative cleaning methods are not feasible.
- The burden of proof to claim a cleaning method is not feasible is on the employer.
9.Develop a Written Exposure Control Plan. This must be done even if employers follow Table 1. The Small Entity Guide provides information on what should be in the Plan.
10.Designate a Competent Person who can identify RCS hazards, is authorized to eliminate and minimize RCS hazards and has the knowledge and ability to implement the Written Exposure Control Plan.
11.Establish a Medical Surveillance Program for all employees who must wear a respirator for more than 30 days per year. Note that this goes beyond doing a medical evaluation for an employee to wear a respirator. The Small Entity Guide has information about what must be contained in a Medical Surveillance Program.
12.Train and inform employees of the hazards of RCS. The provisions of the OSHA Hazard Communication Standard (1910.1200) must be followed. Employees must be able to demonstrate knowledge and understanding of the required topics listed in the RCS Standard (see the Small Entity Guide for further information).
13.Maintain exposure assessment and medical surveillance records.
What do you need to do to comply with the General Industry RCS Standard?
1.Identify where RCS exposures exist or might exist. Be sure to obtain the Safety Data Sheets for products/materials and review them to determine if there is crystalline silica present.
3.Provide respirators to employees if exposures exceed the PEL. They are to be used during the time period when controls are being installed or implemented, when controls are not feasible, when controls cannot reduce exposures below the PEL and when employees enter Regulated Areas. Compliance with OSHA’s Respiratory Protection Standard (1010.134) is necessary.
4.Implement feasible engineering, work practice or administrative controls to reduce exposure below the PEL. For hydraulic fracturing operations, the effective date for implementing engineering controls is June 23, 2021. The burden of proof to claim a control is not feasible is on the employer. Document your attempts to control exposures.
5.Establish a Regulated Area in areas where exposures exceed or are reasonably expected to exceed the PEL. Remember the PEL is based on an 8 hour TWA exposure. Anyone working in or entering these areas must wear respiratory protection. These areas must be clearly demarcated and signs with specific language must be posted at each entrance to the Regulated Area.
6.Develop a Written Exposure Control Plan. This must be done whenever the Standard applies to a workplace. The Small Entity Guide provides information on what should be in the Plan. The Plan must be reviewed annually and updated whenever there are changes.
7.Housekeeping
- Prohibit the use of dry brushing, dry sweeping for housekeeping unless methods such as wet cleaning or HEPA vacuuming are not feasible.
- Prohibit the use of compressed air for cleaning unless it is used with a ventilation system that effectively captures the dust or if alternative cleaning methods are not feasible.
- The burden of proof to claim a cleaning method is not feasible is on the employer.
8.Establish a Medical Surveillance Program. There are two different deadlines for complying with this requirement. For employees working in jobs for more than 30 days per year where the PEL is exceeded, the effective date is June 23, 2018. For those exposed over the Action Level for more than 30 days per year, the effective date is June 23, 2020. . Note that this goes beyond doing a medical evaluation for an employee to wear a respirator. The Small Entity Guide has information about the contents of a Medical Surveillance Program.
9.Train and inform employees of the hazards of RCS. The provisions of the OSHA Hazard Communication Standard (1910.1200) must be followed. Employees must be able to demonstrate knowledge and understanding of the required topics listed in the RCS Standard (see the Small Entity Guide for further information).
10.Maintain the proper exposure assessment and medical surveillance records.
How can Industrial Hygiene Sciences, LLC help you comply with the RCS Standards ?
Industrial Hygiene Sciences, LLC has many years of experience helping employers recognize and assess employee exposure to RCS. Industrial Hygiene Sciences, LLC can
- Review your exposures and past monitoring records
- Prepare a sampling strategy to assess your exposures
- Collect air samples and interpret the results
- Help you select appropriate protective equipment
- Help you identify potential exposure reduction/control methods.
Contact Industrial Hygiene Sciences, LLC for more information!
Hexavalent Chromium Standard Updates (November 2010)
The May 31, 2010 deadline for implementing feasible engineering and work practice controls when exposures exceed the PEL has come and gone and OSHA has recently issued substantial penalties against several employers for violations of the Standard. Exposures over the PEL are common in the following operations:
- Welding with stainless steel or other high chromium content consumables using Shielded Metal Arc (stick) Gas Metal Arc (MIG) and Flux Core welding processes
- Manual plasma cutting or arc gouging on stainless steel or other high chromium content metals
- Manual hard surfacing using high chromium content alloys
- Thermal spraying with chromium materials
- Producing or using dry pigments containing hexavalent chromium
- Spray finishing with hexavalent chromium containing coatings
- Removal of hexavalent containing coatings from surfaces
Conducting baseline monitoring using methods equivalent to OSHA 215ID is essential to determine what requirements of the Standard apply to your facility.
Here are some suggestions for evaluating your program:
- review your past documents and procedures to ensure that you are complying with the various aspects of the Standard.
- if you have had or currently have overexposures, review your controls and work practices to ensure the controls are properly functioning and that work practices are being properly used
- if you have exposures that exceed the PEL, it is very important to implement exposure controls as soon as possible. While respirators may be needed to protect employees in the interim, they are not considered a control by OSHA. If you believe you have attempted feasible controls or if feasible controls are not possible, you should document the reasons for this and what options you explored in making this decision. The burden of proof that a control is not feasible is on the employer.
- if exposures exceeded the Action Level, make sure you are following the monitoring and medical surveillance requirements of the Standard and that all affected employees on all shifts are included in your program.
- if your processes have changed since you last had monitoring performed, monitoring should be repeated to assess current exposures
- if you did not have exposures that exceeded the Action Level but had exposures that exceeded 0.5 µg/m3 as a TWA, the main compliance requirement is to ensure you are informing employees about hexavalent chromium hazards through your Hazard Communication program and notifying employees about the existence of the Standard
- if you had exposures below 0.5 µg/m3 as a TWA, then you need to maintain your exposure monitoring records.
OSHA issued a Directive for a National Emphasis Program for Hexavalent Chromium on February 23, 2010. The Directive provides guidance for OSHA inspectors on targeting industries that have potential exposures to hexavalent chromium for inspection. It also references a previous Directive that specifies how the agency will enforce the provisions of the Standards.
OSHA has issued a booklet on the Hexavalent Chromium. It provides a good summary of what the standard requires. Also, there is an archived article on Hexavalent chromium
OSHA also has published a Final Rule to Protect Workers from Exposure to Hexavalent Chromium. In the original Hexavalent Chromium Standards, OSHA only required employees to be notified of the results of monitoring if their exposures exceeded the PEL. This is not consistent with other OSHA standards on hazardous substances such as lead, arsenic, cadmium and formaldehyde that require employee notification of monitoring results regardless whether or not they exceed the Action Limit or PEL. The rule was published on May 15, 2010 and takes effect June 15, 2010.
If you need assistance with complying with the Hexavalent Chromium Standard, please contact Industrial Hygiene Sciences, LLC. IHS has extensive experience helping employers comply with the Standard.
Updated July 27, 2017
