New Silica Exposure Rule Announced

Industry groups question need for more regulations

On Aug. 23, OSHA announced a proposed rule aimed at curbing lung cancer, silicosis, chronic obstructive pulmonary disease, and kidney disease in America’s workers. The proposal seeks to lower worker exposure to crystalline silica, which kills hundreds of workers and sickens thousands more each year. After publication of the proposal, the public will have 90 days to submit written comments, followed by public hearings.

Once the full effects of the rule are realized, OSHA estimates that the proposed rule would result in saving nearly 700 lives per year and prevent 1,600 new cases of silicosis annually.

Exposure to airborne silica dust occurs in operations involving cutting, sawing, drilling, and crushing of concrete, brick, block, and other stone products and in operations using sand products, such as in glass manufacturing, foundries, and sand blasting.

The proposal is based on extensive review of scientific and technical evidence, consideration of current industry consensus standards, and outreach by OSHA to stakeholders, including public stakeholder meetings, conferences, and meetings with employer and employee organizations.

The proposed rulemaking includes two separate standards–one for general industry and maritime employment, and one for construction. The rule also includes a new exposure limit for respirable crystalline silica and details widely used methods for:

• Controlling worker exposure
• Conducting medical surveillance
• Training workers about silica-related hazards
• Recordkeeping

Many business and industry groups have questioned the need for more regulation in this area and argue that further regulations will only hamper job creation and energy development. In an Aug. 23 interview with Bloomberg BNA, Marc Freedman, executive director of labor policy at the U.S. Chamber of Commerce, pointed out that rates of silicosis have fallen by 93% from 1968 to 2002.

Public Comment Requested

OSHA rulemaking relies heavily on input from the public, and the agency will conduct extensive engagement to garner feedback from the public through both written and oral comments. OSHA will accept public comments on the proposed rule for 90 days following publication in the Federal Register, followed by public hearings. Once public hearings conclude, members of the public who filed a notice of intention to appear can then submit additional post-hearing comments. Additional information on the proposed rule, including a video; procedures for submitting comments; and the public hearings can be found here.