The Construction Industry Safety Coalition (CISC) says it has concerns with the final rule on respirable crystalline silica released by the Occupational Safety and Health Administration (OSHA). It appears, upon initial review, that the 1,772-page final rule contains some of the same problematic provisions that the CISC previously identified and shared with the agency. CISC has been a highly engaged participant in the rulemaking process since OSHA put forth the proposed rule two and a half years ago.
Bill Turley, executive director of the Construction & Demolition Recycling Association (CDRA), Milwaukee, tells Construction & Demolition Recycling, that the final rule could have been “a lot worse.”
“I was so concerned they (OSHA) would not recognize that we couldn’t do all this and it was going to kill the industry,” says Turley. “Now it appears to be a place where the industry should be able to meet the requirements, save the safety and health of its workers and stay in compliance.”
Specialized control methods spelled out in Table 1 of the rule, which in its initial form would have required concrete recyclers to install bag houses on crushers, has been greatly adjusted. As well, what Turley describes as the “incredibly onerous, ‘no visible emissions’ of dust” has been removed. He adds, "If the recycler follows the requirements in Table 1, then he/she will be exempt from the medical surveillance and emissions monitoring requirements. Otherwise, it is our understanding they open themselves to those more onerous requirements."
According to Turley, OSHA’s final rule relies heavily on water for dust suppression, including hoppers, conveyors, sizing equipment (screens), and discharge points. It also wants operators to be in enclosed, climate-controlled cabs, and because the agency feels exposure levels are high sitting above the feed hopper, those booths need to be elsewhere, and a remote control station is best.
Turley adds, “It is a big deal for our industry. I think we will be able to survive it. We will [be able to] continue to work as we work as we are now.”
In a press release from the CISC, other associations also provided their initial reactions to the rule.
“NAHB has long advocated the importance of the rule being both technologically and economically feasible,” says Ed Brady, chairman of the National Association of Home Builders (NAHB), Washington, and home builder and developer from Bloomington, Illinois. “While we’re still reviewing the final rule, we’re concerned that it may not adequately address these issues and take into consideration real-world application.”
“The construction industry submitted hundreds of pages of comments in response to OSHA’s proposal and as we review the final rule we will see whether OSHA has taken these comments into account in developing a standard that is workable,” says Washington-based Associated Builders and Contractors (ABC) Vice President of Regulatory, Labor and State Affairs Ben Brubeck. “ABC will remain an engaged stakeholder with OSHA in developing viable standards that will promote healthy and safe construction job sites.”
“Instead of crafting a new standard that the construction industry can comply with, administration officials have instead opted to set a new standard that is well beyond the capabilities of current air filtration and dust removal technologies,” says Stephen E. Sandherr, the CEO of the Associated General Contractors of America (AGC), Arlington, Virginia. “Our concern is that this new rule will do little to improve workplace health and safety, which is why we will continue our review of the new measure, consult with our members and decide on a future course of action that will best serve the health and safety of millions of construction workers across the country.”
“At first glance, we have observed that a number of provisions that concerned us in the proposed rule have been left in the final rule. This makes us continue to question the final rule’s technological and economic feasibility for the construction industry. In addition, OSHA has added several new provisions not in the proposed rule that we have not had a chance to thoroughly review and consider the impacts. Once we complete our review we will be able to be more specific about what was released today,” said Jeff Buczkiewicz, president of the Mason Contractors Association of America.
The Construction Industry Safety Coalition (CISC) is made up of 25 trade associations, representing all sectors of the construction industry, including commercial building, heavy industrial production, home building, road repair, specialty trade contractors and material suppliers. The members of the CISC include: The American Road and Transportation Builders Association, American Society of Concrete Contractors, American Subcontractors Association, Associated Builders and Contractors, Associated General Contractors, Association of the Wall and Ceiling Industry, Building Stone Institute, Concrete Sawing & Drilling Association, Construction & Demolition Recycling Association, Distribution Contractors Association, Interlocking Concrete Pavement Institute, International Council of Employers of Bricklayers and Allied Craftworkers, Leading Builders of America, Marble Institute of America, Mason Contractors Association of America, Mechanical Contractors Association of America, National Association of Home Builders, National Association of the Remodeling Industry, National Demolition Association, National Electrical Contractors Association, National Roofing Contractors Association, National Utility Contractors Association, Natural Stone Council, The Association of Union Constructors and the Tile Roofing Institute.