Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/708006
40 AGGREGATES MANAGER / July 2016 For a preview of MSHA's respirable crystalline silica rule, look at OSHA's final rule. Peter S. Almaas is an associate in the Denver office, practicing in the Occupational Safety and Health Practice Group. He can be reached at 303-390-0178 or palmaas@jacksonkelly.com. Clarity on Crystalline Silica D ust control can be a major concern on industrial worksites and is par- ticularly relevant to the production of aggregate materials. Airborne dust particles present difficulties that are rel- evant to equipment maintenance, employee comfort, and, most importantly, employee health. Exposure to crystalline silica is of par- ticular importance. In an effort to reduce em- ployee exposure to silicosis, lung cancer, and other diseases, both the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA) have taken steps to limit employee exposure to crystalline silica. On March 24, 2016, OSHA announced a final rule that revises downward the permissible exposure limit (PEL) for expo- sure to crystalline silica in the workplace. The expectation is that MSHA's version to lower exposure limits may soon follow. MSHA is currently in the process of de- veloping a respirable crystalline silica rule of its own that will establish a new PEL for work activities subject to MSHA regulation. At the outset of rulemaking, MSHA intended to publish a final rule by October 2015. The timeline for publishing the new rule has suffered significant delays. At an MSHA Stakeholder Meeting held on May 12, 2016, MSHA was reticent to discuss the specifics of its proposed crystalline silica rule. When asked about the rule, MSHA representatives responded that the process to create the rule was underway, but that they could not com- ment at this time. Although MSHA would not offer specifics, MSHA did mention that it had "looked at the OSHA Rule." The National Institute for Oc- cupational Safety and Health (NIOSH) recom- mends exposure limits of 50 µg/m 3 averaged over an eight-hour shift, as selected by OSHA. Factors that indicate that MSHA may tack closely to the new OSHA rule include NIOSH's endorsement of the new OSHA PEL and that the issues faced by MSHA in seeking to limit employee exposure to respirable crystalline silica are very similar to those faced by OSHA. The newly issued OSHA crystalline silica rule reduces the PEL for respirable crystalline silica to 50 micrograms per cubic meter of air (µg/m 3 ), averaged over an eight-hour shift. Under the rule, the limit of an employee's exposure to crystalline silica varies according to the duration of exposure. Employees may be exposed to concentrations of respirable crystalline silica of 200 µg/m 3 for a maximum two hours, 100 µg/m 3 for a maximum of four hours, and 50 µg/m 3 for a maximum of eight hours. This represents a significant reduction from the previous PEL for respirable crystal- line silica of 100 µg/m 3 averaged over an eight-hour shift for general industry and 250 µg/m 3 averaged over an eight-hour shift for construction and shipyards. To implement the reduced PEL for expo- sure to respirable crystalline silica, OSHA's rule establishes several requirements that must be met by employers. Employers must employ engineering controls to limit or elimi- nate employee exposure to respirable crystal- by Peter s. Almaas ROCKLAW