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OSHA publishes final silica rule

The Occupational Safety and Health Administration’s new final rule upgrading requirements for protecting employees from breathable crystalline silica is expected to have a huge impact on metalworking facilities.

In the final rule, OSHA identifies “captive foundries” as one of the major sectors affected and then breaks down that sector into component North American Industrial Classification System (NAICS) industries codes, which include metalworking facilities. The companies will have to abide by the new permissible exposure limit (PEL) for respirable crystalline silica of 50 micrograms per cubic meter of air (50 μg/m3), averaged over an eight-hour shift. The new PEL is half the previous general industry PEL of 100 μg/m3. In addition to the PEL, the rule includes provisions to protect employees, such as requirements for exposure assessment, methods for controlling exposure, respiratory protection, medical surveillance, hazard communication, and recordkeeping.

Sixty subcodes are cited within “captive foundries,” far more than in any of the other sectors affected by this final rule. The subsectors include Metal Crown, Closure, and Other Metal Stamping (332119) and Miscellaneous Fabricated Metal Product Manufacturing (332999).

According to OSHA, about 2.3 million workers face exposure to respirable crystalline silica in their workplaces, including 2 million construction workers who drill and cut silica-containing materials such as concrete and stone. Silica is typically found in general industry where paints and coatings are removed from metals and general abrasive blasting takes place. Workers that are exposed to crystalline silica may develop silicosis, a lung fibrosis brought on by breathing in silica particles.

Employers covered by the general industry and maritime standard have until June 23, 2018, to comply with most requirements. There is a separate construction standard. Employers covered by the construction standard have until June 23, 2017, to comply with most requirements, according to the agency.

This rule applies regardless of the number of employees on-site. That said, OSHA has provided what can be perceived as an “out”: Compliance will not be required if the employer has objective data demonstrating that employee exposure remains below 25 μg/m3 as an eight-hour time weighted average under any foreseeable conditions. Though the final rule is 1,772 double-spaced pages, Labor Secretary Thomas Perez said compliance is often simple. Wetting down surfaces while they are being ground or cut and using vacuums to capture airborne silica will often bring a workplace into compliance.

Industry groups don't necessarily agree with Perez that compliance will be relatively easy, and it is likely that allies in the Republican party on Capitol Hill will attempt to block the rule.

“This rule is fundamentally flawed. Not only does this rule rely on appallingly out-of-date economic data, it also drastically underestimates the exorbitant costs that will be inflicted on manufacturers and the entire economy and requires mandates that simply are not feasible to achieve,” said Jay Timmons, president and CEO, National Association of Manufacturers.

Rep. John Kline, R-Minn., chairman, House Education and the Workforce Committee chairman, and Tim Walberg, R-Mich., chairman, Workforce Protections Subcommittee, said in a joint statement: “There are a number of concerns with the rule that the committee will carefully review, including its feasibility, the cost to small businesses, and whether employers have enough time to implement it.”

About the Author

Stephen Barlas

Contributing Writer

Stephen Barlas is a freelance writer that has more than 30 years of experience covering Congress, the White House, and the many regulatory agencies found in Washington, D.C. He has covered issues affecting the metal fabricating industry for The FABRICATOR for more than a decade.