OSHA issues FAQs regarding the silica standard for construction

The Occupational Safety and Health Administration (OSHA) released a set of 53 frequently asked questions (FAQs) to provide guidance to employers and employees regarding OSHA’s respirable crystalline silica standard for construction, which was developed through the help of an industry coalition, including the National Demolition Association (NDA). The development of the FAQs stemmed from litigation filed against OSHA challenging the legality of the silica rule. OSHA has also agreed to issue a Request for Information (RFI) on Table 1 to revise the Table to improve its utility.

The FAQs clarify that many common construction tasks are likely to be outside the scope of the standard because they typically generate exposures below the exposure limit. In addition, tasks where employees are working with silica-containing products that are, and are intended to be, handled while wet, are likely to generate exposures below the exposure limit. The FAQs also state that many silica-generating tasks performed for only 15 minutes or less a day will fall outside the scope of the standard.

Table 1

The standard permits employers to select from two methods of compliance to control exposures to respirable crystalline silica: “specified exposure control methods,” commonly referred to as Table 1, or “alternative exposure control methods.” Employers that follow Table 1 do not have to assess employee exposures or separately ensure compliance with the permissible exposure limit. Table 1 includes common construction tasks.

The FAQs clarify that the Table 1 requirement that employers “[o]perate and maintain” tools “in accordance with manufacturer’s instructions to minimize dust emissions,” applies only to manufacturer instructions that are related to dust control. Other information in these instructions, including recommended respiratory protection, do not have to be followed for purposes of the standard. The FAQs do clarify that handheld powered demolition hammers with bushing tools are covered by Table 1.

Housekeeping

The FAQs clarify that if employee exposure will remain below the limit under any foreseeable conditions, the prohibition on dry sweeping, dry brushing and the use of compressed air for cleaning clothing and surfaces does not apply. They also clarify that the prohibition on these activities only applies to housekeeping activities, not to the use of these practices to perform a work task.

Written exposure control plan

The FAQs clarify that the standard does not require employers to develop a new written plan for each job or worksite. It requires only that employers have a written exposure control plan applicable to each worksite. Employers may develop a single comprehensive written exposure control plan that covers all required aspects of the plan for all work activities at all worksites. The FAQs also clarify that when silica generating tasks are being performed, the standard is not intended to prohibit all employees from entering entire areas of a construction site simply because employees in those areas are performing some work involving the generation of silica. The rule calls only for minimizing the number of employees in the relevant work areas. The standard does not preclude employees from entering work areas where silica generating tasks are occurring when it is necessary for them to do so.

Medical surveillance

The FAQs make some important clarifications regarding medical surveillance. The silica standard does not preclude in-house health care providers from performing the required medical surveillance examinations. In addition, the standard does not preclude employers from receiving the same information that employees receive from the surveillance examination, if it is received for other purposes and through other means, such as through workers’ compensation records and proceedings. The FAQs also make clear that the standard requires employers to make medical surveillance available to qualifying employees, but does not require that employees participate in the surveillance.

Access to the full FAQ list is available online.