​MIOSHA announced that it will follow the recently published OSHA memorandum concerning enforcement of the Construction Silica Standard.  The OSHA memo emphasizes a few positive and important points for employers:

• During the first 30 days of the enforcement period, OSHA will evaluate an employer’s “good faith efforts” in complying with the standard. 
• OSHA will render compliance assistance and outreach to assure that employers are fully and properly complying with the requirements. 
• Given the novel Table 1 approach, OSHA will pay particular attention to assisting employers in fully and properly implementing the controls in Table 1 of the standard. 

The memo goes on to explain that if it appears that an employer is not making “any effort” to comply with the standard, then the agency will collect air samples at the facility and a citation will be considered. 
 
A few important things to keep in mind:

• The OSHA memo implies that employers who are trying to implement the prescriptive measures outlined in Table 1 may be given a pass if they are at least trying to implement the standard. 
• The “good faith efforts” are not defined or explained, so it is probably up to the individual inspector as to what a good faith effort is.  Preparing exposure control plans (1926.1153(g)) and implementing the prescribed engineering controls described in Table 1 are perhaps examples of good faith efforts. 
• Citations will require National Office review prior to being issued.  The impact of this review on recommended citations is unclear at this point and employers should not count on this as a possible source of regulatory relief. 

 
MIOSHA, announced on September 22nd that it will follow the OSHA Memorandum including the enforcement date.  OSHA began enforcing most provisions of the standard for construction on September 23, 2017, and will begin enforcing most provisions of the standard for general industry and maritime on June 23, 2018.  MIOSHA regulations for silica in construction can be found in Part 690 Silica in Construction. Silica requirements for general industry can be found in Part 590 Silica in General industry.  

Link to Memo

OSHA has released a Small Entity Compliance Guide for General Industry and Maritime to help small business employers comply with the agency's Final Rule to Protect Workers from Exposure to Respirable Crystalline Silica.  The guide describes the steps that employers are required to take to protect employees in general industry and maritime from the hazards associated with silica exposure.  These requirements include:
 

• Assessing Worker Exposures,
• Using Engineering and Work Practice controls to keep exposures below thresholds, and
• Offering Medical Exams to certain highly exposed workers.

 
The compliance guide can be downloaded from the OSHA web site.  Federal OSHA Enforcement of the final rule in general industry and maritime is scheduled to begin June 23, 2018. 

​​This month’s Q&A corner focuses on questions regarding Hazard Communication and the new Respirable Crystalline Silica standard.  

Hazard Communication
 Q:  How often do we need to do Haz Com training?
 
A:  Haz com training is required:

1. At the time of their initial assignment, and
2. Whenever a new hazard is introduced into their work area.

 
NOTE:  Some companies provide refresher training annually as a best practice. 
 
Q:  Does HazCom training only cover chemical hazards?
 
A:  No.  HazCom training covers any physical and health hazard in a work area.  Due to labeling requirements, we tend to get conditioned to think that HazCom only applies to the chemicals in our work areas.
 
Q:  Is combustible dust a hazard that we need to train on? 
 
A:  Combustible dust is identified as a physical hazard, and if present in your facility you will need to train on combustible dust hazards.
 
Q:  Do you need to keep SDSs for commercial products such as "Windex" and "White-Out"?
 
A:  OSHA does not require that SDSs be provided to purchasers of household consumer products when the products are “used in the workplace in the same manner that a consumer would use them.” [i.e.; where the duration and frequency of use (and therefore exposure) is not greater than what the typical consumer would experience].  
 
This exemption in OSHA's regulation is based, however, “not upon the chemical manufacturer's intended use of his product, but upon how it actually is used in the workplace.”  Employees who are required to work with hazardous chemicals in a manner that results in a duration and frequency of exposure greater than what a normal consumer would experience would need to be trained in those hazards.   
 
For example, if a manufacturer uses Windex to clean stainless steel panels all day long, this could be considered as a duration and frequency condition (exposure) much greater than the average home owner (consumer).  As a result, companies would need to have the SDS for Windex, and train their employees on its hazards.   
 
Q:  What about janitorial use of chemicals? 
 
A:     Janitorial use of chemicals is not considered to be the same duration and frequency of exposure scenario as a consumer (home owner). Janitors use the chemicals during extended periods and likely have a higher exposure.  Chemical SDSs used for janitorial purposes should be maintained at the facility by the employer in charge of the janitorial services.  

Information on interpretations of OSHA’s hazard communication standard can be found here.




Silica
 
Q:  What kinds of operations present a crystalline silica hazard?
 
A:  According to OSHA, industries and operations in which exposure to crystalline silica can occur include, but are not limited to:

• Construction
• Glass products
• Pottery products
• Structural clay products
• Concrete products
• Foundries
• Dental laboratories
• Paintings and coatings
• Jewelry production
• Refractory products
• Ready-mix concrete
• Cut stone and stone products
• Refractory installation and repair
• Railroad track maintenance
• Hydraulic fracturing for gas and oil
• Abrasive blasting in
  • Maritime work
  • Construction
  • General industry

 
Q:  What is the Silica Compliance Schedule?
 
A: The final rule took effect on June 23, 2016.  Industries have 1 to 5 years to comply with most requirements, based on the following schedules:

• Construction - June 23, 2017, one year after the effective date.
• General Industry and Maritime - June 23, 2018, two years after the effective date.
• Hydraulic Fracturing - June 23, 2018, two years after the effective date for all provisions except Engineering Controls, which have a compliance date of June 23, 2021.

Information on OSHA’s Silica rule can be found here.
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