Silica Rule Enforcement: OSHA Giving “Good Faith Efforts” a 30 Day Extension

Silica Rule Enforcement: OSHA Giving “Good Faith Efforts” a 30 Day Extension

Oct 5, 2017

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OSHA’s new Silica in Construction Rule (29 CFR 1926.1153) went into effect on September 23, 2017. For most regulations, this is typically the day the agency can start enforcing the rule and issuing citations. Because of the way the rule is structured, with the Table 1 approach, OSHA’s instructed its regional administrators to take employers’ good faith efforts into account when conducting inspections over the next 30 days.

This means if you are required to comply with the new rule, and making an effort to come into compliance, OSHA will likely use any potential violations as an opportunity for assistance and outreach rather than enforcement.   This will occur for 30 days, or until October 23, 2017. After that time, inspection and citation directives will be finalized and the rule will be fully enforced.

If OSHA finds your company is NOT trying to comply yet, they will be conducting air exposure monitoring of your site, and you will be eligible for citations. Any citations issued before October 23, 2017 will need to be reviewed by OSHA’s National Office.

Are you making a good faith effort right not? What do you need to be working on to comply with the standard? Watch our free silica in construction webinar!

Webinar

View our free webinar to determine how these regulations apply to your organization.

Register

OSHA’s new Silica in Construction Rule (29 CFR 1926.1153) went into effect on September 23. For most regulations, this is typically the day the agency can start enforcing the rule and issuing citations. Because of the way the rule is structured, with the Table 1 approach, OSHA’s instructed its regional administrators to take employers’ good faith efforts into account when conducting inspections over the next 30 days.

This means if you are required to comply with the new rule, and making an effort to come into compliance, OSHA will likely use any potential violations as an opportunity for assistance and outreach rather than enforcement.   This will occur for 30 days, or until October 23. After that time, inspection and citation directives will be finalized and the rule will be fully enforced.

If OSHA finds your company is NOT trying to comply yet, they will be conducting air exposure monitoring of your site, and you will be eligible for citations. Any citations issued before October 23 will need to be reviewed by OSHA’s National Office.

Are you making a good faith effort right not? What do you need to be working on to comply with the standard? Watch our free silica in construction webinar!

Need help sorting out these new silica requirements? Let iSi help!

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OSHA Announces Its 2017 Top 10 Violations

OSHA Announces Its 2017 Top 10 Violations

Sep 28, 2017

This week at the National Safety Council’s annual Congress and Expo, OSHA announced its Top 10 Most Commonly Cited Violations for 2017.   The list combines both general industry (1910) and construction standard (1926) citations.

For the past few years the list has included much of the same topics, just in a different order.  This year is much of the same, however, general electrical hazards have dropped from the list and fall protection training has taken its place.

Here is the new Top 10:

  1.   Fall Protection – General Requirements (1926.501)
  2.   Hazard Communication (1910.1200)
  3.   Scaffolding (1926.451)
  4.   Respiratory Protection (1910.134)
  5.   Lockout/Tagout (1910.147)
  6.   Ladders (1926.1053)
  7.   Powered Industrial Trucks (1910.178)
  8.   Machine Guarding (1910.212)
  9.   Fall Protection – Training Requirements (1926.503)
  10. Electrical – Wiring Methods (1910.305)

Source: National Safety Council

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Fall Protection Requirements Updated

Fall Protection Requirements Updated

Aug 10, 2017

Walking-Working Surfaces Final Rule for General Industry Incorporates Construction Standards

OSHA has incorporated Construction Standards into the General Industry Walking-Working Surfaces and Fall Protection Systems Standard. Walking-working surfaces can be floors, stairs, ladders, roofs, ramps, scaffolds, elevated walkways or fall protection systems.

Some of tasks required immediately include employee training in slips, trips, falls and fall protection equipment, as well as regular inspections and maintenance of walking-working surfaces.  Inspections, maintenance, and replacements (if needed) of fall protection equipment is also required.

The rule allows employers some leeway in choosing the fall protection systems which work best for them, which has been a part of the OSHA 1926 Construction Standard. It also phases in certain protections for fixed ladder systems which extend over 24 feet. For now, cages and wells on existing ladders are ok until the year 2036. However, any new or replacement ladders must have ladder safety or personal fall arrest systems installed on them starting next year.

The new rule incorporates language for those who use rope descent systems, or RDS. No RDS should be used at heights higher than 300 feet above grade, and employers are to have the anchorage points of these RDS systems certified by November 20, 2017. This certification requires inspection, testing, and verification that it’s capable of holding 5,000 lbs. per employee.

With the rule, OSHA has deferred scaffolding requirements to the construction standard.

For more information, check out the Walking-Working Surfaces rule’s frequently asked questions site.

A table of fall protection compliance deadlines for the new general industry walking-working surfaces standard.

Walking-Working Surfaces Final Rule for General Industry Incorporates Construction Standards

OSHA has incorporated Construction Standards into the General Industry Walking-Working Surfaces and Fall Protection Systems Standard. Walking-working surfaces can be floors, stairs, ladders, roofs, ramps, scaffolds, elevated walkways or fall protection systems.

Some of tasks required immediately include employee training in slips, trips, falls and fall protection equipment, as well as regular inspections and maintenance of walking-working surfaces.  Inspections, maintenance, and replacements (if needed) of fall protection equipment is also required.

The rule allows employers some leeway in choosing the fall protection systems which work best for them, which has been a part of the OSHA 1926 Construction Standard. It also phases in certain protections for fixed ladder systems which extend over 24 feet. For now, cages and wells on existing ladders are ok until the year 2036. However, any new or replacement ladders must have ladder safety or personal fall arrest systems installed on them starting next year.

The new rule incorporates language for those who use rope descent systems, or RDS. No RDS should be used at heights higher than 300 feet above grade, and employers are to have the anchorage points of these RDS systems certified by November 20, 2017. This certification requires inspection, testing, and verification that it’s capable of holding 5,000 lbs. per employee.

With the rule, OSHA has deferred scaffolding requirements to the construction standard.

For more information, check out the Walking-Working Surfaces rule’s frequently asked questions site.

A table of fall protection compliance deadlines for the new general industry walking-working surfaces standard.

iSi can help with fall protection training, programs and equipment inspections!

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OSHA Briefs: Recordkeeping, Crane Delays, Monorail Hoists Change

OSHA Briefs: Recordkeeping, Crane Delays, Monorail Hoists Change

Jul 13, 2017

We have a few OSHA updates today, one regarding electronic recordkeeping and the others regarding crane compliance.

Recordkeeping Delay

OSHA has proposed a new date for electronic recordkeeping.  The original date had been postponed until July 1, then OSHA issued a statement which for all purposes said “we’ll let you know.”  Now the deadline has been proposed for December 1, 2017.  This new date would still allow for a four-month window to get your records in.  However, no method for submitting has been announced.  We’ll keep you posted on these developments.

In the areas of cranes, there has been movement on a couple of items.

Crane Operator Training Delay

The deadline to get your crane operators officially certified has been continuously delayed since the rule became law in 2010.  The most recent compliance certification November 10, 2017.  However, OSHA is proposing to move this date once again.  They haven’t issued an official date, but it’s thought to be November 10, 2018.  UPDATE:  The new compliance deadline for operator certification has indeed been set to November 10, 2018.

Monorail Hoist Compliance Change

OSHA has announced a change to its enforcement policy for monorail hoists.  Monorail hoists are like those pictured above and are often used to place storage tanks for propane and oil, engines, commercial generators, precast concrete components such as septic systems and vaults, electrical transformers, temporary storage units, and other components.

Until recently, monorail hoists were enforced under the Cranes and Derricks in Construction standard.  OSHA, along with a number of stakeholders, realized that while still a safety issue, these hoists did not operate in the same way other equipment enforced under this standard did.

Until a better option can be found, OSHA will not be enforcing the crane standard when it comes to these devices as long as your company…

  • Complies with 1926.554 Overhead Hoists for Construction or the General Duty Clause for General Industry;
  • Trains operators to safely use them;
  • Makes determinations that each operator is qualified to safely use them per 1926.20, General Safety and Health Provisions; and,
  • Follows the OSHA construction standards applicable to each vehicle or support system when your monorail hoists are mounted to work vehicles, utility trailers, scaffolding systems, or other mobile or stationary supports.

More info on the monorail hoists enforcement policy can be found here.

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Ensure Safety Incentives Promote the Positive

Ensure Safety Incentives Promote the Positive

Mar 25, 2017

OSHA Electronic Reporting Rule Adds Language About Disincentivising Employees From Reporting

Another piece put with OSHA’s recent final rule regarding electronic injury/illness submittals was some additional language and safeguards to protect workers from deterrence in reporting injuries.

Ensure your safety incentive and discipline programs do not deter or discourage employees from reporting injuries and illnesses. OSHA still will allow incentive programs, but want to make sure employers know that they must be structured in a way that does NOT discourage workers from reporting injuries.

Incentive programs which withhold or deny a benefit because an employee reported an injury are illegal. These could include those which disqualify or withhold rewards from the person reporting or a whole group of workers if an injury is reported. Discipline programs which punish workers who report injuries regardless of fault is also not allowed, as is making the reporting process so cumbersome and/or filled with paperwork that it becomes easier for the employee not to do it. OSHA says you can still have incentive programs, but instead, opt for positive incentive programs which promote worker participation in safety-related activities.

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Fit Testing: NIOSH Affirms OSHA’s Annual Fit-Test Requirements

Fit Testing: NIOSH Affirms OSHA’s Annual Fit-Test Requirements

Mar 1, 2017

A study published by NIOSH has affirmed the need for OSHA’s requirement for annual fit-testing for filtering facepiece respirators and other tight-fitting respirators.

In its study, NIOSH followed 229 subjects over three years’ time, making fit and physical characteristic measurements every 6 months. It was found that after one year, 10% of the subjects had changes in fit. In two years it was 20%, and in the third year, it was up to 26%. OSHA’s intended threshold for fit changes, when it made its rules in 1998, was 7% annually.

NIOSH also found that subjects who had lost 20 or more pounds had respirator fit changes. The greater the weight loss, the higher the chance that the respirator fit changed. Thus, NIOSH recommends those persons who lose 20 or more pounds get priority fit-test scheduling, even it is less than a year since their last fit-test.

In addition to weight loss and gain, other events such as dental changes, facial scarring and cosmetic surgery can affect respirator fit as well.

If your company has a group of employees who need their required annual fit-testing and/or their required annual respiratory protection refresher training, iSi can help! iSi can conduct both qualitative and quantitative fit testing.  Request a price quote here.

Note: NIOSH’s study can be found at: https://blogs.cdc.gov/niosh-science-blog/2016/01/05/fit-testing/

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OSHA’s Silica Rule for Construction

OSHA’s Silica Rule for Construction

Feb 12, 2017

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Construction requirements are more geared toward methods of controlling exposures and silica exposure sampling.

Table 1

The construction standard has a table of common construction tasks and the instructions on how to control dust for each.  This is referred to as Table 1.  As long as your company is following the actions required of Table 1, your company will not be required to conduct sampling and won’t be subject to the PEL requirement. Please note that some of the instructions in Table 1 require workers to wear respirators.  If your workers currently do not wear respirators, use of respirators will trigger the need to comply with 29 CFR 1910.134 for use of respirators.  This would include developing a written respiratory protection program, annual respirator physicals, annual respirator training and annual respirator fit-testing. Contact us here for a copy of Table 1

What if You Don’t Want to Follow Table 1?  More on Silica Exposure Sampling

Employers who choose not to follow the guidance of Table 1 will then be subject to the requirements of the action level and the PEL.  This triggers the additional sampling and monitoring requirements that the general industry standard requires. Employers will need to conduct exposure monitoring for silica if the potential for exposure could be at or above an action level of 25 µm3 (micrograms per cubic meter of air), averaged over an 8-hour day.  The PEL is 50 µm3, averaged over an 8-hour day (the old PEL for construction was 250 µm3).

Affected employees must be notified in writing of assessment results and if it’s above the PEL, the notification will need to include what’s being done to control exposures.  If results are above the action level but below the PEL, sampling will need to occur every 6 months until exposures are below the action level for 2 consecutive measurements.  If results are above the PEL, sampling will need to occur every 3 months until exposures are below the action level for 2 consecutive measurements. Unless the potential for silica exposure is 0%, if there’s even a slight potential for silica exposures, it’s best to conduct the sampling to know exactly what your exposure levels are for documentation purposes.

Documentation of your exposure assessment is very important for your recordkeeping files and shows due diligence with the standard. Anyone above the PEL and not using Table 1 must take measures to protect workers from exposure.  Dust controls need to be used to protect workers from exposures above the PEL. When dust controls don’t work, respirators are required.

Other Requirements for Construction

  • Medical Exams — Medical exams that include chest X-rays and lung function tests must be offered to workers who are required by the standard to wear respirators for 30 or more days per year. These exams must be offered every 3 years.
  • Competent Person — Your company will need to designate a competent person to implement the your written exposure control plan.
  • Restricted Access — Procedures for how your company will restrict access to work areas where high exposures may occur must be included in your written exposure control plan.

Compliance Deadlines

Employers must comply with all requirements of the standard by September 23, 2017.  If your company chooses to use exposure sampling and laboratory analysis, then the compliance deadline for laboratory evaluation of exposure samples is June 23, 2018.

Now What?  How Can iSi Help You With This Standard?

iSi is here to help your company comply with this new standard. We can assist with:

  • Compliance Determinations, Audits and Checklists – Helping you determine if this standard applies to you, evaluating your site for exposure potential, determining areas needing warning signs or restricted access, and making a compliance checklist for you
  • Exposure Sampling – Sampling your facility or construction sites for exposure levels, arranging for lab analysis of samples, preparing documentation for recordkeeping, and preparing your written employee notices
  • Written Program Development – Preparing your exposure control plan or respiratory protection program
  • Training – Silica training and respiratory protection training
  • Respirator Fit-Testing – Annual respirator fit-testing (after your medical surveillance is complete)
  • Answering Questions – Our safety and industrial hygiene experts on-staff can help you with any other questions you may have.

Contact us today with questions or pricing requests.

Webinar

Attend our webinar to determine how these regulations apply to your organization.

Register

Construction requirements are more geared toward methods of controlling exposures and silica exposure sampling.

Table 1

The construction standard has a table of common construction tasks and the instructions on how to control dust for each.  This is referred to as Table 1.  As long as your company is following the actions required of Table 1, your company will not be required to conduct sampling and won’t be subject to the PEL requirement. Please note that some of the instructions in Table 1 require workers to wear respirators.  If your workers currently do not wear respirators, use of respirators will trigger the need to comply with 29 CFR 1910.134 for use of respirators.  This would include developing a written respiratory protection program, annual respirator physicals, annual respirator training and annual respirator fit-testing. Contact us here for a copy of Table 1

What if You Don’t Want to Follow Table 1?  More on Silica Exposure Sampling

Employers who choose not to follow the guidance of Table 1 will then be subject to the requirements of the action level and the PEL.  This triggers the additional sampling and monitoring requirements that the general industry standard requires. Employers will need to conduct exposure monitoring for silica if the potential for exposure could be at or above an action level of 25 µm3 (micrograms per cubic meter of air), averaged over an 8-hour day.  The PEL is 50 µm3, averaged over an 8-hour day (the old PEL for construction was 250 µm3).

Affected employees must be notified in writing of assessment results and if it’s above the PEL, the notification will need to include what’s being done to control exposures.  If results are above the action level but below the PEL, sampling will need to occur every 6 months until exposures are below the action level for 2 consecutive measurements.  If results are above the PEL, sampling will need to occur every 3 months until exposures are below the action level for 2 consecutive measurements. Unless the potential for silica exposure is 0%, if there’s even a slight potential for silica exposures, it’s best to conduct the sampling to know exactly what your exposure levels are for documentation purposes.

Documentation of your exposure assessment is very important for your recordkeeping files and shows due diligence with the standard. Anyone above the PEL and not using Table 1 must take measures to protect workers from exposure.  Dust controls need to be used to protect workers from exposures above the PEL. When dust controls don’t work, respirators are required.

Other Requirements for Construction

  • Medical Exams — Medical exams that include chest X-rays and lung function tests must be offered to workers who are required by the standard to wear respirators for 30 or more days per year. These exams must be offered every 3 years.
  • Competent Person — Your company will need to designate a competent person to implement the your written exposure control plan.
  • Restricted Access — Procedures for how your company will restrict access to work areas where high exposures may occur must be included in your written exposure control plan.

Compliance Deadlines

Employers must comply with all requirements of the standard by September 23, 2017.  If your company chooses to use exposure sampling and laboratory analysis, then the compliance deadline for laboratory evaluation of exposure samples is June 23, 2018.

Now What?  How Can iSi Help You With This Standard?

iSi is here to help your company comply with this new standard. We can assist with:

  • Compliance Determinations, Audits and Checklists – Helping you determine if this standard applies to you, evaluating your site for exposure potential, determining areas needing warning signs or restricted access, and making a compliance checklist for you
  • Exposure Sampling – Sampling your facility or construction sites for exposure levels, arranging for lab analysis of samples, preparing documentation for recordkeeping, and preparing your written employee notices
  • Written Program Development – Preparing your exposure control plan or respiratory protection program
  • Training – Silica training and respiratory protection training
  • Respirator Fit-Testing – Annual respirator fit-testing (after your medical surveillance is complete)
  • Answering Questions – Our safety and industrial hygiene experts on-staff can help you with any other questions you may have.

Contact us today with questions or pricing requests.

Need help sorting out these new silica requirements? Let iSi help!

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OSHA’s Silica Rule for Construction

OSHA’s New Silica Rule

Feb 10, 2017

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OSHA’s crystalline silica rule has been finalized.  There are separate requirements for general industry/maritime and construction.

First, How Do You Become Exposed to Silica?

Crystalline silica can cause respirable and kidney disease and some cancers. Crystalline silica is a basic component of sand, soil, granite and many minerals.  Common forms include quartz, cristobalite and tridymite.  It becomes respirable when it is cut, ground, drilled or chipped.

In general industry and maritime, silica is associated with industries such as concrete and ready-mix concrete products, cut stone, foundries, support for oil and gas operations, railroads, asphalt roofing materials, jewelry, dental labs, porcelain enameling, shipyards, structural clay and pottery.

In construction, silica exposures come with working with materials containing silica.  Grinding, drilling, sawing, cutting or chipping concrete, stone, cement or cement fiberboard would all be examples of potential silica exposures.

Requirements Applicable to Both General Industry/Maritime and Construction

The general industry/maritime and the construction regulations share some requirements including:

  • Written Exposure Control Plan — Your company must prepare and implement a written exposure control plan that identifies tasks which could create exposures and the methods your company will use to protect workers.
  • Housekeeping — Housekeeping practices such as dry sweeping, dry brushing, and the use of compressed air (unless used in conjunction with a ventilation system) which expose workers to silica where feasible alternatives are available is not allowed.
  • Training — Worker training in silica exposure is required. Workers must be able to demonstrate: knowledge of hazards, specific tasks which could cause exposures, the employer’s methods of controlling exposures, information from the standard and the purpose and description of the medical surveillance program.  To help document demonstration of knowledge, you may want to give a quiz.
  • Recordkeeping — Your company must keep detailed records of silica exposure and medical exams on file. For general industry/maritime, it’s all detailed exposure sampling records.  How your company chooses to comply with the standard will determine which records you keep.

What’s Unique to Each?

We have written separate blog posts about the general industry and construction rules.  Go to:  CONSTRUCTION    GENERAL INDUSTRY

Now What?  How Can iSi Help You With This Standard?

iSi is here to help your company comply with this new standard. We can assist with:

  • Compliance Determinations, Audits and Checklists – Helping you determine if this standard applies to you, evaluating your site for exposure potential, determining areas needing warning signs or restricted access, and making a compliance checklist for you
  • Exposure Sampling – Sampling your facility or construction sites for exposure levels, arranging for lab analysis of samples, preparing documentation for recordkeeping, and preparing your written employee notices
  • Written Program Development – Preparing your exposure control plan or respiratory protection program
  • Training – Silica training and respiratory protection training
  • Respirator Fit-Testing – Annual respirator fit-testing (after your medical surveillance is complete)
  • Answering Questions – Our safety and industrial hygiene experts on-staff can help you with any other questions you may have.

Contact us today or watch our free webinar about the changes using the link below.

Watch Webinar
Write a Silica Plan

Webinar

Watch our webinar to determine how these regulations apply to your organization.

Watch Webinar
Write a Silica Plan

OSHA’s crystalline silica rule has been finalized.  There are separate requirements for general industry/maritime and construction.

First, How Do You Become Exposed to Silica?

Crystalline silica can cause respirable and kidney disease and some cancers. Crystalline silica is a basic component of sand, soil, granite and many minerals.  Common forms include quartz, cristobalite and tridymite.  It becomes respirable when it is cut, ground, drilled or chipped.

In general industry and maritime, silica is associated with industries such as concrete and ready-mix concrete products, cut stone, foundries, support for oil and gas operations, railroads, asphalt roofing materials, jewelry, dental labs, porcelain enameling, shipyards, structural clay and pottery.

In construction, silica exposures come with working with materials containing silica.  Grinding, drilling, sawing, cutting or chipping concrete, stone, cement or cement fiberboard would all be examples of potential silica exposures.

Requirements Applicable to Both General Industry/Maritime and Construction

The general industry/maritime and the construction regulations share some requirements including:

  • Written Exposure Control Plan — Your company must prepare and implement a written exposure control plan that identifies tasks which could create exposures and the methods your company will use to protect workers.
  • Housekeeping — Housekeeping practices such as dry sweeping, dry brushing, and the use of compressed air (unless used in conjunction with a ventilation system) which expose workers to silica where feasible alternatives are available is not allowed.
  • Training — Worker training in silica exposure is required. Workers must be able to demonstrate: knowledge of hazards, specific tasks which could cause exposures, the employer’s methods of controlling exposures, information from the standard and the purpose and description of the medical surveillance program.  To help document demonstration of knowledge, you may want to give a quiz.
  • Recordkeeping — Your company must keep detailed records of silica exposure and medical exams on file. For general industry/maritime, it’s all detailed exposure sampling records.  How your company chooses to comply with the standard will determine which records you keep.

What’s Unique to Each?

We have written separate blog posts about the general industry and construction rules.  Go to:  CONSTRUCTION    GENERAL INDUSTRY

Now What?  How Can iSi Help You With This Standard?

iSi is here to help your company comply with this new standard. We can assist with:

  • Compliance Determinations, Audits and Checklists – Helping you determine if this standard applies to you, evaluating your site for exposure potential, determining areas needing warning signs or restricted access, and making a compliance checklist for you
  • Exposure Sampling – Sampling your facility or construction sites for exposure levels, arranging for lab analysis of samples, preparing documentation for recordkeeping, and preparing your written employee notices
  • Written Program Development – Preparing your exposure control plan or respiratory protection program
  • Training – Silica training and respiratory protection training
  • Respirator Fit-Testing – Annual respirator fit-testing (after your medical surveillance is complete)
  • Answering Questions – Our safety and industrial hygiene experts on-staff can help you with any other questions you may have.

Contact us today or watch our free webinar about the changes using the link below.

How can iSi help your company with OSHA silica compliance? Check us out!

iSi's OSHA Compliance Services
Prepare a Written Silica Plan
Request More Info on Silica Compliance

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