[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Proposed Rules]
[Pages 41667-41670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17450]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, and 1926
[Docket No. OSHA-2010-0034]
RIN 1218-AD18
Occupational Exposure to Respirable Crystalline Silica--Specified
Exposure Control Methods
AGENCY: Occupational Safety and Health Administration (OSHA),
Department of Labor.
ACTION: Request for Information (RFI).
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SUMMARY: OSHA is requesting information on the effectiveness of
engineering and work practice control methods not currently included
for the tasks and equipment listed on Table 1 of the Respirable
Crystalline Silica standard for construction. The agency is also
requesting information on tasks and equipment involving exposure to
respirable crystalline silica that are not currently listed on Table 1,
along with information on the effectiveness of engineering and work
practice control methods in limiting worker exposure to respirable
crystalline silica when performing those tasks. Finally, OSHA is
requesting information and comment on whether there are additional
circumstances where it would be appropriate to permit employers covered
by the Respirable Crystalline Silica standards for general industry and
maritime to comply with the silica standard for construction. This RFI
requests comment and information, including exposure data, which could
assist the agency in assessing whether revisions to the standards may
be appropriate.
DATES: Submit comments on or before October 15, 2019.
ADDRESSES: Submit comments and additional materials using any of the
following methods:
Electronically: You may submit comments and attachments
electronically via https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for making
electronic submissions.
Facsimile: If your submission, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
Regular mail, express mail, hand delivery, or messenger/courier
service (hard copy): You may submit your comments and any additional
materials to the OSHA Docket Office, Docket No. OSHA-2010-0034,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210;
telephone: (202) 693-2350 (TTY (877) 889-5627). OSHA's Docket Office
accepts deliveries (hand deliveries, express mail, and messenger/
courier service) from 10 a.m. to 3 p.m. ET, weekdays.
Because of security-related procedures, submission by regular mail
may result in significant delay. Please contact the OSHA Docket Office
(telephone: (202) 693-2350; email: technicaldatacenter@dol.gov) for
information about security procedures concerning delivery of materials
by express mail, hand delivery, and messenger service.
Instructions for submitting comments: All submissions must include
the agency's name (OSHA), the title of this RFI (Occupational Exposure
to Respirable Crystalline Silica--Specified Exposure Control Methods),
and the docket number for this RFI (OSHA-2010-0034). OSHA will place
all comments and other materials, including any personal information
you provide, in the public docket without revision, and these materials
will be available online at https://www.regulations.gov. Therefore,
OSHA cautions you about submitting statements that you do not want made
available to the public, or submitting comments that contain personal
information such as Social Security numbers, birth dates, and medical
data.
Docket: To read or download submissions or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. The https://www.regulations.gov index lists all
documents in the docket. However, some information (e.g., copyrighted
material) is not available to read or download through the website. All
submissions, including copyrighted material, are available for
inspection at the OSHA Docket Office. Contact the OSHA Docket Office
for assistance in locating docket submissions.
FOR FURTHER INFORMATION CONTACT:
Press Inquiries: Frank Meilinger, Director, OSHA Office of
Communications, telephone: 202-693-1999; email:
meilinger.francis2@dol.gov.
General and technical information: William Perry or David O'Connor,
Directorate of Standards and Guidance, telephone: 202-693-1950; email:
silica@dol.gov.
Copies of this Federal Register notice: Electronic copies of this
Request for Information are available at https://www.regulations.gov.
This Federal Register notice, as well as news releases and other
relevant information, is also available at OSHA's web page at https://www.osha.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 25, 2016, OSHA published a final rule regulating
occupational exposure to respirable crystalline silica (81 FR 16286).
The final rule established a new permissible exposure limit (PEL) for
respirable crystalline silica of 50 micrograms per cubic meter of air
(50 [mu]g/m\3\) as an 8-hour time-weighted average in all industries
covered by the rule. The rule also included other provisions, such as
requirements for exposure assessment, methods for controlling exposure,
respiratory protection, medical surveillance, hazard communication, and
recordkeeping. OSHA issued two separate standards--one for construction
(29 CFR 1926.1153) and one for general industry and maritime (29 CFR
1910.1053).\1\
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\1\ ``Maritime'' refers collectively to shipyards, marine
terminals, and longshoring. While the shipyard standard is
technically a separate standard, it is identical to the general
industry standard. See 29 CFR 1915.1053 (cross-referencing 29 CFR
1910.1053). Marine terminals and longshoring are covered under 29
CFR 1910.1053. See 29 CFR 1917.1(a)(2)(xiii)) and 29 CFR
1918.1(b)(9)).
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The construction standard provides employers with two options to
limit worker exposures to respirable crystalline silica. Employers can
assess employee exposures to silica and implement control measures that
limit such exposures to the PEL (29 CFR 1926.1153(d)). But employers
may instead choose to fully and properly implement the requirements in
Table 1 for employees engaged in the 18 common construction tasks
therein (29 CFR 1926.1153(c)). Table 1 lists each task's corresponding
engineering and work practice control methods and respiratory
protection requirements, if any.
For some Table 1 tasks, there was substantial evidence in the
rulemaking record that exposure to respirable crystalline silica would
be limited to the PEL most of the time using the specified engineering
and work practice controls, so no respiratory protection is required.
For the other Table 1 tasks, available evidence indicated that
exposures would remain above the PEL after implementation of
engineering and work practice controls, so respiratory protection is
required. Several tasks listed on Table 1 provide a choice of
compliance methods because each can consistently reduce exposures to
the PEL or below, or are equally effective in limiting exposure. For
example, for jackhammers and handheld powered chipping tools, employers
can satisfy Table 1's requirements by using either a tool with a water
delivery system that supplies a continuous stream or spray of water to
the point of impact, or a tool equipped with a commercially available
shroud and dust collection system.
OSHA developed Table 1's list of controls using data from sources
including National Institute for Occupational Safety and Health
reports, OSHA compliance case files, published literature, and
unpublished information submitted to the rulemaking docket. These data
sources encompassed several types of studies assessing the
effectiveness of control methods, including air-sampling studies
performed during normal work activities and experimental studies
performed in controlled environments.
OSHA concluded that Table 1 was the best approach for protecting
employees exposed to respirable crystalline silica and also simplified
compliance and reduced burdens on employers in the construction
industry. Table 1's approach further recognizes and avoids the
challenges of accurately assessing employee exposures to respirable
crystalline silica in construction work due to frequent changes in
workplace conditions, such as environment and location.
During the rulemaking process, some stakeholders urged OSHA to
consider how to update Table 1 in the future to include new control
methods that might be developed. OSHA responded that it saw the value
in periodically updating Table 1 and that a static Table 1 could
discourage the development of new control technologies for reducing
silica exposure. OSHA is now requesting information on additional
engineering and work practice control methods that could limit
exposures generated by the equipment and tasks currently listed on
Table 1. The agency is also requesting information on engineering and
work practice control methods that could limit exposures generated by
equipment or tasks not already included on Table 1. This information
will help OSHA decide whether to revise Table 1.
During the rulemaking, some commenters expressed concerns about
determining which standard--general industry or construction--applies
to certain activities. OSHA recognized that in some circumstances,
general industry activities may be indistinguishable from the
construction tasks listed on Table 1, and may be performed in varied
environments and conditions. To address those circumstances, OSHA
included paragraph (a)(3) in the general industry and maritime
standard. Paragraph (a)(3) permits general industry and maritime
employers to follow the construction standard when (1) the task
performed is indistinguishable from a construction task listed on Table
1, and (2) the task will not be performed regularly in the same
environment and conditions. The second requirement recognizes that
Table 1 was intended, in part, to accommodate situations where tasks
will be performed in different environments and conditions. OSHA is
interested in information and comment on whether there are additional
circumstances where similar flexibility would benefit employers while
maintaining protections for workers, such as when Table 1 tasks are
regularly performed in general industry or maritime in a relatively
stable and predictable environment.
If the information submitted in response to this RFI indicates that
revisions to the silica standards may be appropriate, OSHA will publish
a Notice of Proposed Rulemaking and provide an opportunity for public
comment on the proposed revisions before making any changes to the
standards.
II. Request for Data, Information, and Comment
A. Questions Regarding Possible Additions to Table 1
OSHA requests data, information, and comment on possible additions
to Table 1. The agency is especially interested in responses to the
numbered questions presented below. OSHA requests that comments
reference the numbered questions to the extent possible. Commenters
should explain their rationale and, if possible, provide information
and data to support their comments and recommendations.
OSHA requests that submissions of exposure monitoring data include
the following information, where possible:
Description of task: A description of the task(s)
performed and work practices followed during the exposure monitoring,
including any housekeeping measures, as well as job titles and number
of workers monitored during the task(s). The description should also
include information regarding the frequency and duration of the task
being performed. For example, the description should report the number
of times a task (e.g., drilling holes in concrete) was performed during
the exposure monitoring period.
Description of equipment: Indicate the make and model of
the equipment used to perform the task. Provide a copy of equipment
manufacturer's instructions, if available.
Description of engineering and work practice control
methods: Indicate the make and model of any equipment used to control
exposures, as well as information on the condition (e.g., intact hoses,
connections) and maintenance of the equipment. For vacuum dust
collection systems, indicate the air flow rate, type of filter, and
filter cleaning mechanism, if any. For water delivery systems, indicate
the water source, volume, and flow rate. Provide a copy of the control
equipment manufacturer's instructions, if available. If a work practice
control was used to control exposures, describe the work practices that
were implemented in as much detail as possible.
Description of materials: Describe the material worked on
during the task(s) and indicate its crystalline silica content, if
possible. When working with concrete or other materials with
characteristics that may change over time, please note how long a
substrate was cured before starting work.
Description of environmental conditions: Characterize the
environmental conditions during monitoring, such as whether the work
was performed outdoors, indoors, or in
an enclosed area with restricted air flow. For work performed indoors,
describe the size of the room. For work performed outdoors, note
weather conditions such as temperature, humidity, and precipitation, as
well as the presence of water in the soil or on surfaces. Also note the
presence of natural or mechanical ventilation, such as air movement
caused by the wind; doors or windows (open or closed and their number
and sizes); or ventilation systems for heating and cooling and whether
they were operational during monitoring.
Sampling and analytical procedures: Describe sampling
results, sampling and analytical methods (e.g., OSHA ID-142; NMAM
7500), and the devices used to obtain samples. Indicate the sampling
duration and whether the samples represent a personal breathing zone or
a well-defined area. While OSHA requests all sampling results, it is
especially interested in personal breathing zone samples with a
duration of 120 minutes or greater. Report the detection limit and air
volume where the concentration of respirable crystalline silica falls
below the limit of detection. Indicate whether a laboratory that
analyzes air samples for respirable crystalline silica in accordance
with Appendix A of the silica standards evaluated the samples. Please
present sample results in units of micrograms of respirable crystalline
silica per cubic meter of air.
Additional Exposure Control Methods for Equipment or Tasks Listed on
Table 1
OSHA requests information and data on the effectiveness of the
following control methods for reducing respirable crystalline silica
exposure for equipment and tasks listed on Table 1:
1. Commercially available dust collection systems for stationary
masonry saws;
2. Commercially available dust collection systems for handheld
power saws (any blade diameter), including handheld masonry saws;
3. Commercially available dust collection systems for walk-behind
saws, including ``soft cut'' saws used for cutting ``green'' concrete
(i.e., concrete that has set but has not fully cured);
4. Commercially available dust collection systems for drivable
saws;
5. Commercially available dust collection systems for rig-mounted
core saws or drills;
6. Integrated water delivery systems for handheld and stand-mounted
drills (including impact and rotary hammer drills);
7. Commercially available dust collection systems incorporating
hollow drill bits for handheld and stand-mounted drills (including
impact and rotary hammer drills), including information on any
relationship between the drill bit size and the amount of airborne
respirable crystalline silica generated or the performance of
engineering controls;
8. Commercially available dust collection systems, with or without
filter-cleaning mechanisms, for cordless handheld drills;
9. Integrated water delivery systems for dowel drilling rigs for
concrete, including information on any relationship between drill bit
size and the amount of airborne respirable crystalline silica generated
or the performance of engineering controls;
10. Commercially available dust collection systems with general
purpose filters instead of filters with 99% or greater efficiency;
11. Commercially available dust collection systems equipped with
cyclonic pre-separators--instead of filter-cleaning mechanisms--for
handheld power saws (any blade diameter), handheld and stand-mounted
drills (including impact and rotary hammer drills), jackhammers and
handheld powered chipping tools, and walk-behind milling machines and
floor grinders;
12. Floor fans or pedestal fans positioned to disperse dust away
from workers when using handheld power tools, including handheld power
saws (any blade diameter), handheld and stand-mounted drills (including
impact and rotary hammer drills), and jackhammers and handheld powered
chipping tools; and
13. Any other exposure control methods that you believe should be
included for equipment or tasks listed on Table 1.
Additional Equipment or Tasks To Include on Table 1
OSHA requests information and data on the effectiveness of the
following exposure control methods for equipment or tasks not listed on
Table 1:
14. Commercially available dust collection systems for power
sanders (e.g., belt sanders, orbital sanders);
15. Commercially available dust collection systems for power paint
scrapers;
16. Commercially available hoods with dust collection systems for
reciprocating saws;
17. Integrated water delivery systems for wire saws; and
18. Wet methods, commercially available dust collection systems,
commercially available dust suppression compounds, or work practices
that minimize generation of dust for clean-up tasks, including changing
or cleaning filters in dust collection systems.
OSHA requests information and data on the effectiveness of any
exposure control methods for the following equipment or tasks not
listed on Table 1:
19. Mixing of dry materials containing crystalline silica (e.g.,
mortar, plaster, drywall compound, fireproofing, exterior insulation
and finishing system base and finish coats);
20. Application of shake (e.g., coloring and/or texturizing
material) on poured concrete floors;
21. Use of chainsaws to cut silica-containing materials;
22. Use of powered sweepers (e.g., trucks equipped with rotating
brushes) to clean surfaces;
23. Application of dry-mix or wet-mix shotcrete;
24. Drywall finishing; OSHA did not include drywall finishing on
Table 1 because use of drywall compounds containing silica only as a
trace contaminant was generally expected to result in low exposures
even without additional controls. However, the agency recognizes that
some drywall finishing may involve compounds with higher or unknown
silica content, or circumstances that may warrant concern for exposure
above the PEL;
25. Demolition of silica-containing materials using manual tools
(e.g., sledgehammer, mason hammer, pry bar, chisel); and
26. Any other equipment or task you believe should be included on
Table 1.
B. Additional Requests
27. OSHA requests information on stakeholders' experience with
Table 1 controls, including any challenging aspects of implementing
specified controls; situations where specified controls were not
available; and situations where specified controls were infeasible, but
alternative controls were feasible and effective;
28. OSHA requests any alternative names used by workers or
manufacturers to describe the tasks and equipment on Table 1 in
different industry sectors or areas of the country;
29. Employers covered by the respirable crystalline silica standard
for general industry and maritime have the option to follow Table 1 and
the standard for construction where the task performed is
indistinguishable from a construction task listed on Table 1, and
the task will not be performed regularly in the same environment and
conditions (29 CFR 1910.1053(a)(3)). Are there any other circumstances
where similar flexibility would benefit employers while maintaining
protections for workers? Describe those circumstances, state your
reasoning, and include any relevant data;
30. OSHA requests information on any economic impacts that should
be considered in determining whether to update Table 1 or broaden the
circumstances under which general industry and maritime employers could
comply with the silica standard for construction. Include quantitative
safety and health benefits (e.g., information on the duration and
magnitude of workers' silica exposure), cost savings (e.g., lower
operations costs, more efficient use of capital, less expensive
equipment, increased productivity, decreased need for exposure
monitoring), and costs (e.g., increased compliance costs, decreases in
productivity, increased need for exposure monitoring); and
31. The Regulatory Flexibility Act (5 U.S.C. 601, as amended)
requires OSHA to assess the impact of proposed and final rules on small
entities. How many and what kinds of small businesses, or other small
entities, could be affected if OSHA decides to revise Table 1 and
related provisions in 29 CFR 1910.1053, 1915.1053, or 1926.1153?
Describe any such effects, including the size and scope of operation
for affected small entities and the likely technical, economic, and
safety impacts for those entities. Explain how answers to any of the
questions in this RFI would be different for small entities, and
describe any problems or issues related to Table 1 that are unique to
small entities.
Authority and Signature
Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice pursuant to 29 U.S.C. 653, 655, 657; 33 U.S.C. 941; 40 U.S.C.
3704 et seq.; Secretary of Labor's Order 1-2012 (77 FR 3912, 1/25/
2012); and 29 CFR part 1911.
Signed at Washington, DC, on August 9, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2019-17450 Filed 8-14-19; 8:45 am]
BILLING CODE 4510-26-P
