NRMCA Requests Second Extension of Silica Rule Comment Deadlines

On Monday, NRMCA again requested extensions of the pre-public hearings comment period, public hearings testimony submittal, and the start of the public hearings dates for the Occupational Safety and Health Administration’s (OSHA) proposed rulemaking "Occupational Exposure to Respirable Crystalline Silica". This extension request follows NRMCA’s first comments extension request submitted in early October which requested a blanket 90-day extension. OSHA responded to NRMCA’s and other industries' requests with just a 47-day extension. NRMCA’s now seeks to push the pre-public hearings comment period, public hearings testimony submittal and the start of the public hearings back to March 10, March 18 and March 31, 2014, respectively. NRMCA argued the additional time is needed to adequately assess a rule of this size and complexity, effectively read and analyze the 1,720 essential supplemental documents attached to the docket, and ensure that a final rule is based on sound science and which has the greatest degree of public participation.

On September 12, OSHA published a proposal to overhaul the current permissible exposure limits (PELs) for "respirable" crystalline silica. Specifically, the new rule would:

• Reduce the PEL from 100 micrograms per cubic meter of air (μg/m3) as an 8-hour time-weighted average (TWA), down to just 50 μg/m3, 8-hour TWA;

• Require measuring of silica that workers can be exposed to if it is at or above 25 μg/m3, 8-hour TWA;

• Limit worker access to areas where the PEL is above 50 μg/m3, 8-hour TWA;

• Require dust controls to reduce worker exposure to limits above the new PEL;

• Direct employers to provide respirators to workers when dust controls cannot reduce worker exposure to limits above the new PEL;

• Mandate medical exams every three years for workers who are exposed to limits for 30 or more days a year above the new PEL;

• Require new worker training; and

• Require new recordkeeping requirements.

According to OSHA, the new proposed standard will save 688 lives and prevent 1,585 new cases of silicosis. As well, OHSA’s data suggests the ready mixed concrete industry has 43,920 workers currently exposed to respirable crystalline silica, 32,110 of which are exposed to levels above the new proposed PEL. Although still analyzing the rule, NRMCA is working to strategically dispute OSHA’s data and ready mixed concrete industry exposures.

The proposed rule, fact sheets, frequently asked questions and more can be found here. For more information, contact NRMCA's Gary Mullings at gmullings@nrmca.org or Kevin Walgenbach at kwalgenbach@nrmca.org.