OccuSafe Industrial Hygiene Consulting

As of September 23, 2017, the Occupational Safety & Health Administration (OSHA) began enforcing the new Respirable Crystalline Silica in Construction. In order to give employers some additional time to comply, it offered compliance assistance instead of enforcement for the first thirty days. This period is now over and employers involved in construction must fully implement the standard. This should not be a surprise, since the original standard, 29 CFR 1926.1153, became effective on June 23, 2016.In October, the Acting Deputy Assistant Secretary, Thomas Galassi, issued a memorandum to OSHA Compliance Officers (CSHO) for conducting inspections. Here are some of the key points:

• Where employers fully comply with Table 1 of the standard, there is no requirement to collect air samples.
• If there are additional tasks listed in Table 1 or if the employer has not implemented necessary engineering, work practices, and respiratory protection, air sampling is required.
• The employer may choose the performance option but must provide objective data that their controls are effective. These will be reviewed by the CSHO.
• The employer may also choose the scheduled monitoring option that includes initial and periodic air sampling. This data will also be reviewed by the CSHO.
• Where the employer has fully implemented the provisions of Table 1, the company will not be cited.
• However, if the employer has not fully implemented Table 1 and has not conducted an exposure assessment, citations will be issued by the CSHO.

In 2018, the Respirable Crystalline Silica in Construction standard should be in full swing. Employers who have not fully implemented their program should make sure it is a priority in their safety goals for the new year.

This newsletter is published monthly by OccuSafe Industrial Hygiene & Safety Services, Inc. Feel free to forward it to friends and colleagues.