OSHA NOTICE

ABSTRACT

Purpose:

This Notice cancels OSHA Instruction CPL 03-00-007, National Emphasis Program - Crystalline Silica.

Scope:

OSHA-wide.

References:

Federal Register, 81 FR 16285-16890, §§ 1910, 1915, 1926, Occupational Exposure to Respirable Crystalline Silica; Final Rule, March 25, 2016.

Cancellations:

OSHA Instruction CPL 03-00-007, National Emphasis Program - Crystalline Silica, January 24, 2008.

State Impact:

This Instruction describes a Federal Program change for which State Plan adoption is not required.

Action Offices:

OSHA National, Regional and Area Offices.

Originating Office:

Directorate of Enforcement Programs.

Contact:

Office of Health Enforcement

Directorate of Enforcement Programs

U.S. Department of Labor - OSHA

200 Constitution Avenue, NW, Room N-3119

Washington, DC 20210

Phone: (202) 693-2190

By and Under the Authority of


Loren Sweatt
Deputy Assistant Secretary

Executive Summary

This Notice cancels OSHA Instruction CPL 03-00-007, National Emphasis Program - Crystalline Silica, January 24, 2008 (2008 Silica NEP). In March 2016, OSHA issued the new expanded standards for respirable crystalline silica, 29 CFR 1910.1053 for general industry and maritime and 29 CFR 1926.1153 for construction. The 2008 Silica NEP is no longer applicable, and the Agency will determine at a later date if a revised NEP for respirable crystalline silica, under the new standards, is warranted. This Notice also provides coding instructions for inspections involving crystalline silica.

Significant Changes

This Notice cancels OSHA Instruction CPL 03-00-007, National Emphasis Program - Crystalline Silica (Silica NEP), January 24, 2008. Changes are also made to the coding of inspections in the OSHA Information System (OIS).

1. Purpose. This Notice cancels OSHA Instruction CPL 03-00-007, National Emphasis Program - Crystalline Silica.
2. Scope. This Notice applies OSHA-wide.
3. References.

   Federal Register, 81 FR 16285-16890, §§ 1910, 1915, 1926, Occupational Exposure to Respirable Crystalline Silica; Final Rule, March 25, 2016.

4. Cancellations.
   1. OSHA Instruction CPL 03-00-007, National Emphasis Program - Crystalline Silica, January 24, 2008.
   2. OSHA Memorandum on Silica Exposures during Hydraulic Fracturing, February 12, 2013.
5. Action Offices.
   1. Responsible Office. Office of Health Enforcement (OHE), Directorate of Enforcement Programs.
   2. Action Offices. OSHA National, Regional and Area Offices.
   3. Information Offices. State Plan Designees.
6. Federal Program Change. This Instruction describes a Federal Program change for which State Plan adoption is not required.
7. Significant Changes. This Notice cancels OSHA Instruction CPL 03-00-007, National Emphasis Program - Crystalline Silica, January 24, 2008 (2008 Silica NEP). Changes are also made to the coding of inspections in the OSHA Information System (OIS).
8. Background. OSHA's previous permissible exposure limits (PELs) for workplace exposure to respirable crystalline silica were adopted in 1971: for general industry, see 29 CFR 1910.1000, Table Z-3; for construction, see 29 CFR 1926.55, Appendix A; and for shipyards, see 29 CFR 1915.1000, Table Z.
   
   In 1996, OSHA issued a memorandum establishing a Special Emphasis Program (SEP) for Silicosis, which provided guidance for targeting inspections of worksites with employees at risk of developing silicosis. In 2008, OSHA issued a National Emphasis Program (NEP) for Crystalline Silica that expanded upon the 1996 SEP. OSHA inspections under this NEP were coded "SILICA" in the inspection database fields for the Agency's NEPs and for the Strategic Plan. Additionally, for situations where crystalline silica was used as the abrasive media when abrasive blasting, the inspections were also coded "ABRASIVE."
   
   In 2013, after consultations with the National Institute for Occupational Safety and Health (NIOSH) concerning hazardous exposures to silica during hydraulic fracturing as sand has been increasingly used in oil and gas drilling, OSHA issued a memorandum to its Area Offices directing them to add the oil and gas exploration and extraction industries to their annual targeting lists for the 2008 Silica NEP. [OSHA Memorandum, 9/12/2013]
   
   In March 2016, OSHA issued its final rule with new expanded standards, 29 CFR 1910.1053 for general industry and maritime, and 29 CFR 1926.1153 for construction, and which lowered the PELs for respirable crystalline silica (81 FR 16285). The 2008 Silica NEP is no longer applicable, and the Agency will determine at a later date if a revised NEP for respirable crystalline silica, under the new standards, is warranted.
9. OIS Coding Instructions.
   1. All OIS codes established by the 2008 Silica NEP are no longer accessible.
   2. All OSHA inspections involving crystalline silica shall be coded N-02 "SILICA" until further notice.