This new Instruction establishes OSHA’s field inspection and enforcement procedures designed to ensure uniformity when addressing respirable crystalline silica exposures in the workplace. These two new expanded health standards, general industry/maritime (29 CFR § 1910.1053) and construction (29 CFR § 1926.1153), were published in the Federal Register on March 25, 2016, and became effective June 23, 2016. The two new standards adopted a new permissible exposure limit (PEL) of 50 micrograms of respirable crystalline silica per cubic meter of air (μg/m³) as an 8-hour time-weighted average. Except as noted below, the general industry and maritime employers had until June 23, 2018, to comply with the requirements of 29 CFR § 1910.1053. The silica standards establish a PEL of 50 μg/m³ and an action level (AL) of 25 μg/m³ for the three major forms of crystalline silica (i.e., quartz, cristobalite, and tridymite) for the general, maritime, and construction industries.
Here are some key dates and requirements for these standards:
- June 23, 2018, the general industry and maritime employers must have offered medical surveillance to employees who will be exposed ABOVE the PEL for 30 or more days a year.
- June 23, 2020, this requirement expanded to include employees who would be exposed AT OR ABOVE the 25 μg/m³ action level (AL) for 30 or more days a year.
- June 23, 2021, the obligation to implement engineering controls to limit exposures in hydraulic fracturing operations in the oil and gas industry to the new PEL; until that time, hydraulic fracturing employers MUST PROVIDE EMPLOYEES exposed to respirable crystalline silica in hydraulic fracturing operations with respiratory protection and ensure its use if employee exposures exceed the PEL.
- June 23, 2017, the construction industry employers were scheduled to be in compliance with all the standards provisions, except for methods of sample analysis in paragraph (d)(2)(v). However, on April 6, 2017, OSHA extended the initial compliance date to September 23, 2017. The compliance date for the methods of sample analysis requirements in paragraph (d)(2)(v) remain unchanged; as of June 23, 2018, construction industry employers must be in compliance with that provision.
An exposure assessment is required so that the employer can select the proper control methods to be used and evaluate the effectiveness of those selected methods. 29 CFR § 1910.1053(d)(1) and 29 CFR § 1926.1153(d)(2)(i) require employers to assess the exposure of EACH EMPLOYEE who is, or may reasonably be expected to be, exposed to respirable crystalline silica at OR above the Action Level (AL) using either:
- a performance option or
- a scheduled monitoring option
Note: In construction, employers that FULLY AND PROPERLY implement the engineering controls, work practices, and respiratory protection as specified in Table 1 do NOT have to assess the exposure of employees engaged in the task, and the following guidance in this section does not apply.
29 CFR § 1910.1053(d)(4) and 29 CFR § 1926.1153(d)(2)(iv) require reassessment whenever there is a change in the:
- production,
- process,
- control equipment,
- personnel, or
- work practices
that may reasonably be expected to result in new or additional exposures at or above the AL, or when the employer has any reason to believe that new or additional exposures at or above the AL may have occurred.