Agenda Agenda 8:30 am Introduction - Kate Smiley - AGC-CA Why We - - PowerPoint PPT Presentation

8:30 am Introduction - Kate Smiley - AGC-CA 8:35 am “Why We Care About Job Site Dust Control: The Science Behind It” Joel Cohen, MPH,CIH - The COHEN Group 9:30 am Cal/OSHA and the Regulatory Perspective Dan Leiner - Cal/OSHA 10:00 am BREAK 10:15 am The Legal Perspective: Toxic Torts John R. Lawless - King and Spaulding, LLP 11:00 am Contractors Panel: BMP’s and Practical Applications Claude Fisk - Steve P. Rados, Inc. Tom Walsh - Sully-Miller Contracting Co. Randy Conley - University Mechanical Monte Bridgewater - Hensel Phelps 11:45 am Conclusion - Marcus Oden – Hilti 12:00 pm Lunch & Equipment Demonstrations - Hilti 12:45 pm END OF SEMINAR

Agenda Agenda

A joint effort from AGC of California and HILTI North America

Date

8:30 A.M. - 12:30 P.M.

Time

Place

Cal/OSHA Training Facility CSU at Dominguez Hills Room EE 1213 Wednesday, June 8, 2011

The Cohen Group San Mateo, CA

Jobsite Dust Control: Why We Care

Joel Cohen, MPH, CIH The Cohen Group San Mateo, CA www.thecohengroup.com

The Cohen Group San Mateo, CA

Agenda

 What is Silica & Where is it found?  What are the Health hazards

associated with Silica?

 What levels of Silica are commonly

found in Construction?

 How do you sample for airborne Silica?  Q & A

The Cohen Group San Mateo, CA

What is Silica?

The Cohen Group San Mateo, CA

What is Silica?

 Chemically, it is SiO2  Silica can be crystalline or non-crystalline

– Non-crystalline forms

 Referred to as „amorphous‟  Some common forms include:

– Diatomaceous Earth – Silica Gel (paint fillers) – Fused Silica (found in glass, plastics, camera lenses)

The Cohen Group San Mateo, CA

Where is Crystalline Silica Found?

 Crystalline Silica, Free Silica and Quartz are terms

used interchangeably.

 Quartz is the second most common mineral found

in the earth‟s crust

 Quartz is a common component of sand, stone,

rock, concrete, clay, brick, block, and mortar

– Granite

25-40% quartz

– Shale

20-25% quartz

– Sandstone

60-70% quartz

– Concrete

>5% quartz

The Cohen Group San Mateo, CA

What are the Health Effects?

The Cohen Group San Mateo, CA

The Cohen Group San Mateo, CA

Health Hazards Associated with Quartz

 Silicosis

– Pulmonary fibrosis from inhalation of respirable

crystalline silica particles < 10µm

– Particle Size and Dose are most important factors – Latency of fibrosis may be 30-40 years

 3 types of Silicosis

– Chronic (>10yrs of relatively low dose) – Accelerated (develops in 5-10 years after first dose) – Acute (develops within weeks to years after high dose)

[CDC/NIOSH, Health Effects of Occupational Exposure to Respirable Crystalline Silica, 2002-129]

The Cohen Group San Mateo, CA

Health Hazards Associated with Quartz

 Most epidemiologic data and dose/response models

developed from study of miners, granite workers, & foundry workers

–

Not construction workers

 Other Health Hazards Associated with Quartz

–

Chronic Obstructive Pulmonary Disease (COPD)

–

Tuberculosis

 As silicosis progress, bacterial or fungal infections are possible  Tuberculin test now recommended for >25yrs of silica work (ATS

1997)

–

Other effects (Rheumatoid arthritis, scleroderma, lupus)

[CDC/NIOSH, 2002-129]

The Cohen Group San Mateo, CA

Cancer Association with Quartz

 1980s – Debate started  International Agency for Research on Cancer

(IARC)

– 1996 deemed “sufficient evidence in humans” (Group 1) – 1997 acknowledged epi studies were not uniform and

work groups are not comparable

 Carcinogenicity “may be dependent on characteristics of

silica or external factors”  National Toxicology Program (NTP)

– 1998 re-evaluated studies due to IARC – 2000 designated crystalline silica a human carcinogen

[see IARC Volume 68, 5/20/97; NTP Report on Carcinogens, 11th Ed.]

Cancer Association with Quartz

 NIOSH

– Recommended respirable crystalline silica to be

considered a potential occupational carcinogen

 ACGIH

– 2006 adds A2 Notation “Suspected Human Carcinogen”

 California Prop 65

– 1988 Silica added to list as cancer causing agent

[Ca Hlth and Safety Code, §25249]

The Cohen Group San Mateo, CA

The Cohen Group San Mateo, CA

Occupational Exposure Limits for Quartz

Source Type Limit (mg/m3)*

Cal/OSHA §5155 Total Respirable 0.3 0.1 Fed/OSHA 1910.1000 Z-3 table Total Respirable 30/(%quartz + 2) 10/(%quartz + 2) MSHA 30CFR56,57,70,71 Respirable Respirable (>5%) 10/(%quartz +2) 10/%quartz ACGIH Respirable 0.025 (adopted 2006) NIOSH Respirable 0.05, 10-hr TWA

* Note: 8-hr TWA, unless otherwise noted

The Cohen Group San Mateo, CA

Quartz Exposures in Construction

Task Samples Collected Quartz Concentration

(GM - mg/m3)

Tuckpoint grinding 101 0.60 Drill concrete 97 0.20 Surface grinding 122 0.29 Road demo 51 0.09 Cut concrete/brick 164 0.08 Cleanup 61 0.05

J Occ Env Hyg 3:144-152, 2006

The Cohen Group San Mateo, CA U of Wash, Sept 2006

Quartz Exposure From Hand-Held Grinders

 4.5 inch angle grinder used on concrete walls in

a parking garage

 Effect of Wind (upwind/downwind measurement)

> 2 mph 0.02 – 1.80 mg/m3 Quartz 0.34 – 40.0 mg/m3 Respirable Dust < 2 mph 0.17 – 7.10 mg/m3 Quartz 3.80 – 81.0 mg/m3 Respirable Dust

 Approx. 69% of subjects overexposed

[Akbar-Khanzadeh, F, Ann Occ Hyg 46:341-346, 2002] The Cohen Group San Mateo, CA

Other Source of Silica Exposure

 Wall Caulk Removal

– PCBs and Silica exposure

 Dry Removal (reciprocating saw, utility

knife)

– ND to 0.054 mg/m3 quartz

 Wet Removal (same tools)

– ND to 0.016 mg/m3

quartz

[AIHCE Conference May 2011 Poster 109] The Cohen Group San Mateo, CA

The Cohen Group San Mateo, CA

How Do You Sample for Silica?

The Cohen Group San Mateo, CA

How IH‟s Collect Silica Samples in Air

Pre-weighed 37mm, 5µ PVC Filter Cyclones

IHs collect air samples for short term or up to 8 hours called an 8 hr TWA (time weighted average) IHs collect Personal

• r Area Samples or

Both

The Cohen Group San Mateo, CA

Conclusions

 Silica is ubiquitous in our environment  Silica (quartz) is associated with

respiratory disease and may be associated with lung cancer

 Not all dusts on construction sites

contain silica. The only way one can confirm exposure is by industrial hygiene sampling

The Cohen Group San Mateo, CA

Conclusions

 Identify silica dust producing tasks and

use controls

 There is overwhelming evidence

demonstrating many construction tasks are associated with elevated quartz levels

 When controlling silica dust, you are

controlling all dust!!

The Cohen Group San Mateo, CA

Information Sources

 Federal OSHA [www.osha.gov]  Cal/OSHA [www.dir.ca.gov]

– See Cal/OSHA’s eTool on Silica

 NIOSH [www.cdc.gov/niosh/topics/silica]  The Cohen Group/On-Site Health and Safety

[thecohengroup.com/Silica%20Memo.pdf]

The Cohen Group San Mateo, CA

Questions??

Joel Cohen, MPH, CIH The Cohen Group San Mateo, CA www.thecohengroup.com

Cal/OSHA and Silica Dust Hazards in Construction

Dan Leiner, Area Manager Cal/OSHA Consultation Service 818-901-5754 dleiner@dir.ca.gov

Where do you find silica?

Most abundant mineral in earth’s crust Quartz (silica) is found naturally in almost all rock, sand and soil Construction materials made from these natural minerals

What are the health hazards?

• At least 1.7 million U.S. workers are

potentially exposed to respirable crystalline silica [NIOSH 1991]

• Many are exposed to concentrations that

exceed limits defined by current regulations and standards

Silicosis

• A lung disease caused by breathing too

much respirable dust containing silica

 “respirable silica” - particles small enough to

be deposited in the deepest parts of the lung

• “Fibrosis” or scar tissue formation can
• ccur in the lungs
• This damage may be permanent and

disabling and may lead to death

• There is no cure for silicosis, but it can be

prevented

Symptoms of Silicosis

• Initially, workers with silicosis may have no

symptoms

• Then symptoms can develop that include

 Shortness of breath with exercise, then becoming

more severe

 Fatigue  Severe cough  Chest pain

• Acute silicosis may develop after very short

periods of high exposure

• Chronic silicosis develops after many years of

lower levels of exposure

 Can progress after exposure stops

Silica Exposure Limits

• The safest amount of silica in the air is zero
• The legal limit is called a Permissible Exposure

Limit (PEL)

• Respirable vs. Non-Respirable Dust

Silica Exposure in Construction

• When dust is controlled, exposures are low
• When dust is uncontrolled, exposures are

high

• Many exposures are for short time periods, but

at very high concentrations

• Short, high exposure can still exceed permissible

limits and cause lung damage

The Risk of Silica Exposure

WISHA

Protecting Workers from Silica

• Control silica dust at the source

 Don’t forget other employees besides the

• perators in the area

 Wet cutting (water spray or mist)  Local exhaust/vacuum system

• As a last resort, or to supplement other

controls, respiratory protection

Silica Exposure Control

Silica dust exposure can be controlled by use of water or exhaust ventilation

Using water to cut concrete and bricks Concrete sander with exhaust ventilation

WISHA

Silica Exposure Control

Avoid dry sweeping and use of compressed air

• n concrete
• Both these activities can stir up large amounts of dust
• Use a vacuum with high efficiency filters when possible

WISHA

What is new Title 8 Section 1530.1? How did it come about and what does it require?

Process started with silica PEL

• May 2005 Cal/OSHA public advisory meeting on silica PEL



Much employer comment on possible revision to PEL for silica with so many different businesses affected

• Federal OSHA working on silica PEL >10 yrs – also looking at

work based approach for construction

• Also, growing concern with dust exposure of the public from

construction worksites (San Francisco ordinance)

• Alarcon bill – SB 46 (June 2006) Prohibit the dry cutting and

dry grinding of masonry materials, except where it is determined that the use of water in cutting or grinding masonry materials is not feasible

Informal public advisory process to develop regulatory alternative to proposed legislation

• More than 60 attendees at each of 2 public meetings held

in January and March 2007



Contractor organizations (CAL-PASC, AGC, CEA, Roofers)



Labor unions (Bricklayers, Laborers, Roofers)



Equipment manufacturers



Individual workers and contractors



Equipment manufacturers

• Major outcomes of the two advisory meetings:

 Local exhaust ventilation or water for dust control  Exceptions  Training details

Standards Board Public Hearing December 13, 2007

 Only minor changes from the original proposal  Regulation took effect October 22, 2008

Dust-Generating Operations on Concrete or Masonry Materials

• New regulation:

 Found in T8CCR 1530.1  Effective October 22, 2008

Dust-Generating Operations

• Applies to use of powered tools or

equipment to:

 Cut  Grind  Core

Drill masonry materials

Scope and Application

Dust-Generating Operations

• Exceptions:

 Stucco, plastering material, or similar

products

 Wall cladding, siding, or similar products  Downward drilling  Jack-hammering or chipping

• Incidental to scope of work or planned operations
• f a plumbing or landscaping activity

Scope and Application

Dust-Generating Operations

• Exceptions:

 Work with powder-actuated tools  Work incidental to the installation of

concrete/masonry materials (such as drilling holes for plumbing fixtures)

 Tile backer board

• When cut with powered shears, or
• Dust reduction blade having a dust containment device
• Regardless, are your employees being
• verexposed? (5155, 5141, 5144)

Scope and Application

Dust-Generating Operations

• Pouch, bag attached

to power tool, which is intended to capture dust generated by the power tool

• This device is not

intended to be a Dust Reduction System

Definitions

Dust Containment Device

Dust-Generating Operations

• Dust Reduction System

 Water or local exhaust ventilation

• Local exhaust ventilation

 Vacuum, dust collection and dust exhaust systems

Definitions

Dust Reduction Systems

Dust-Generating Operations

• Concrete or masonry material

 Includes clay brick; concrete block; mortar;

natural or manufactured stone; floor, wall, or counter top tile; and terra cotta

 Material that is stone-like in appearance and

texture shall be presumed to be concrete or masonry material

• Unless otherwise indicated by evidence (provided

by the employer) that the mixture does not include cement, sand, gravel, stone, clay, or aggregate material containing silica

Definitions

Dust-Generating Operations

• Dust Reduction System shall be applied to

effectively reduce airborne particulate during operations in which powered tools

• r equipment are used to cut, grind, core,
• r drill, concrete or masonry materials

Controlling Employee Exposure

Dust-Generating Operations

• EXCEPTION 1

 Exposures are determined to not exceed the

Permissible Exposure Limits for particulates listed in Section 5155

• Can only be demonstrated reliably by air sampling

data applicable to the specific operation being performed

Controlling Employee Exposure

Dust-Generating Operations

• EXCEPTION 2

 Rooftop operations with

roofing tile, roofing pavers, or similar materials

• BUT… is there a work

platform?

Controlling Employee Exposure

Dust-Generating Operations

• EXCEPTION 3

 During the first 24 hours of an emergency

• peration where use of a dust reduction

system will impair progress

• “Emergency": an unexpected occurrence requiring

immediate action to prevent or mitigate damage/loss of life, health, property, or essential public services

• Includes fire, flood, earthquake or other soil or

geologic movement, structural collapse, damage to a subsurface installation, terrorist act, or sabotage

Controlling Employee Exposure

Note

• Even though you might fall under the

exceptions, you still need to provide

 Training (1509, 3203, & 5194)  Determine employee exposure (5155), and  If there is overexposure, provide controls

(5141, 5143, & 1530) including respiratory protection (5144)

Dust-Generating Operations

• Implement procedures to ensure the dust

reduction systems maintain their effectiveness throughout the work shift

• Install, operate and maintain dust

reduction systems according to manufacturer recommendations

Safety and Effectiveness of Dust Reduction System

Dust-Generating Operations

• Employee Training

 Provide to all employees prior to their

assignment to jobs or work areas where the employer will be conducting operations involving use of power tools and silica- containing materials

Training

Dust-Generating Operations

• Employee Training Topics

 Health hazards of overexposure to airborne dust

generated from concrete and masonry materials, including silicosis, lung cancer, chronic obstructive lung disease (COPD) and decreased lung function

 Methods used to control exposures, including wet

cutting, local exhaust ventilation systems, and isolation of the process from the operator or other employees by means of distance, enclosure, or other methods

Training

Dust-Generating Operations

• Employee Training Topics

 Proper use and maintenance of dust reduction

systems, including the safe handling and disposal of collected waste materials

 The importance of good personal hygiene and

housekeeping practices including:

• Not smoking tobacco products
• Appropriate methods of cleaning up before eating, and

cleaning clothes

• Avoiding activities that contribute to an employee's exposure

to airborne dusts

Training

Dust-Generating Operations

• Supervisor Training

 Prior to engaging in supervision of employees

who will be cutting, grinding, drilling, or coring concrete or masonry material:

• Information provided to employees
• Tasks employees will perform that may result in

employee exposure to concrete or masonry dust

• Procedures for implementation of the control

measures

Training

What sort of resources are there?

• Cal/OSHA: www.dir.ca.gov/DOSH

 Cal/OSHA regulation (1530.1): www.dir.ca.gov/title8/1530_1.html  Cal/OSHA Silica e-tool www.dir.ca.gov/dosh/etools  Silica Hazard Alert:

www.dir.ca.gov/dosh/dosh_publications/P08-019V3.pdf

• Federal OSHA Silica e-tool:

www.osha.gov/SLTC/etools/silica/index.html

• NIOSH: www.cdc.gov/niosh/topics/silica
• WISHA: www.lni.wa.gov/Safety/default.asp

Cal/OSHA Consultation Service

Toll-Free Number 1-800-963-9424

• San Fernando Valley

6150 Van Nuys Boulevard, Suite 307 Van Nuys, CA 91401 (818) 901-5754

• Los Angeles, Orange

10350 Heritage Park Drive, Suite 201 Santa Fe Springs, CA 90670 (562) 944-9366

• San Bernardino

464 W. 4th Street, Suite 339 San Bernardino, CA 92401 (909) 383-4567

• San Diego

7575 Metropolitan Drive, Suite 204 San Diego, CA 92108 (619) 767-2060

• Northern California

2424 Arden Way, Suite 410 Sacramento, CA 95825 (916) 263-0704

• San Francisco Bay Area

1515 Clay Street, Suite 1103 Oakland, CA 94612 (510) 622-2891

• Central Valley

1901 North Gateway Boulevard, Suite 102 Fresno, CA 93727 (559) 454-1295

BREAK

The Legal Perspective - Toxic Torts

John R. Lawless King & Spalding LLP Los Angeles, CA

King & Spalding LLP

Sample Asbestos Case

 Barbara Gaia, et al. v.

Allis Chalmers Corporation, et al.

 Superior Court of the

State of California for the County of Los Angeles

King & Spalding LLP

Gaia v. Allis Chalmers Corp.

 Charles Gaia was a union insulator from

1950 to 1992

 Mr. Gaia passed away due to

mesothelioma in 2007

 In the same year, Mr. Gaia’s immediate

family members filed a wrongful death lawsuit

 Over 30 defendants sued

King & Spalding LLP

General “Categories” of Defendants

 Product Manufacturers  Premises Owners  Contractors (General and Subcontractors)

King & Spalding LLP

General Theories of Liability

 Negligence  Strict Liability (not applicable to

contractors)

 Premises Liability

Why and How Contractors are Named in Lawsuits

Why and How Contractors are Named in Lawsuits

Why and How Contractors are Named in Lawsuits

 Witness identification

 Eye-witness testimony  Logos (e.g., Trucks, Hats, and/or Shirts)

 Identification from work/SS records  Usual target defendants

King & Spalding LLP

Responsibilities of General and Subcontractors

 Compliance with federal, state, local and

• ther rules and regulations

 Appropriate training  Adequate warnings  Control of worksite

King & Spalding LLP

Silica Cases - Update

 Judge Janis Graham Jack’s rulings in

Texas

 California silica cases

King & Spalding LLP

Questions?

John R. Lawless King & Spalding LLP Los Angeles, CA (213) 867-2654 JLawless@kslaw.com Steven D. Park King & Spalding LLP Los Angeles, CA (213) 867-2654 SPark@kslaw.com

King & Spalding LLP

Silica in Construction

Applicable Regulations

 Injury and Illness Prevention Program

(1509)

 General Requirements of Mechanical

Ventilation Systems (1530)

 Control of Concrete and Masonry Dust

(1530.1)

 Respiratory Protection (5144)  Hazard Communication (5194)

Resources

 Cal/OSHA Consultation

• www.dir.ca.gov

 Federal OSHA

• www.osha.gov

 NIOSH

• www.cdc.gov/niosh

Video 1

Protecting your People

Identify Possible Sources Determine the Hazard Develop Controls Train Reassess

Identify Possible Sources

 Product labels  Material Safety Data Sheets (MSDS)  Sampling

MSDS Review

Developing Controls

Eliminate or Reduce Exposure Engineering Controls Administrative or Work Practices Personal Protective Equipment

Sample Controls

Sample Controls

Sample Controls

Sample Controls

Video 2

Dust Control Best Practices

• Planning & Coordination
• Overall understanding of the installation

process within the “project team”

• From the architect engineer to the

apprentice

• Use technology as a value added tool
• Safety is the bi-product of efficiency

Dust Control Best Practices

• Eliminate “hits” and re-engineering of

systems between trades

• Changes cause exposure to drill/re-drill,

hole saw or cut and chip into the structure

Dust Control Best Practices

• BIM creates an opportunity to efficiently

utilize accurate information and increases efficiency.

• Especially for layout.
• Trimble

– Accurate placement of Sleeves – Accurate placement Inserts

Dust Control Best Practices

• Inserts that replace OH drilling / exposure
• Cast in place or thru deck

Dust Control Best Practices

When things go sideways on your plan Point-of Origin Dust Collection Systems

Dust Control Best Practices

Remove the exposure Point-of Origin Dust Collection Systems

Dust Control Best Practices

• Use procedures as tools
• Use better and smarter tools to become

efficient

• Reducing wasted effort reduces risk

– i.e. rework, relocating product

• There is no reason to potentially expose

workers to silica dust or airborne debris

• Respirators / PPE are a cop out to

somebody’s lack of planning and are a last resort

Dust Control Best Practices

Sense we are not in a perfect world: Resources (sample)

– Joedue.com – Dustmuzzle.com – Dustlessdepot.com – Dustlesstechnologies.com

• Most tool manufacturers are addressing

dust collection on new products

– Including Hilti

ww www. w.us.hilti.com us.hilti.com l w l www ww.hilt .hilti.ca i.ca June Dust Control Conferencesl June 2011

Jobsite Dust Removal Systems for 2011

Work safe. Improve productivity.

ww www. w.us.hilti.com us.hilti.com l w l www ww.hilt .hilti.ca i.ca June Dust Control Conferencesl June 2011

Pr Prod

• duc

ucti tive? e?

Concrete cutting application performed by two operators – May 2009

ww www. w.us.hilti.com us.hilti.com l w l www ww.hilt .hilti.ca i.ca June Dust Control Conferencesl June 2011

Our harmonized systems outperform the competition

Harmonized system Continuous suction power

Consumables Tool design Accessories Vacuums

We are a system solution provider – not selling single product features

Dust Amount (kg) Suction Power (l/s)

ww www. w.us.hilti.com us.hilti.com l w l www ww.hilt .hilti.ca i.ca June Dust Control Conferencesl June 2011

Unique TE DRS-B

Two chamber air flushing system

TE DRS-B not only removes dust from the working surface, but also from the front end of the chuck, hence reducing dust exposure by up to 95% of total dust, and 99% of respirable dust.

Inner ring (2nd ring) at working end

The purpose of this ring is to restrict intake

• f large pieces of concrete / surface

material which could block the system and cause working interruptions.

1 2

ww www. w.us.hilti.com us.hilti.com l w l www ww.hilt .hilti.ca i.ca June Dust Control Conferencesl June 2011

Have you ever considered….

• How does this impact the life of the tool

and consumables?

• The drilling/cutting speed of the tools?
• Jobsite preparation and cleaning –

productivity?

• The comfort and protection of the
• perator?
• The environment?

Up to 2.20 lbs dust are produced with five minutes sawing / cutting. Now imagine working like this for one hour. Or a full day.

ww www. w.us.hilti.com us.hilti.com l w l www ww.hilt .hilti.ca i.ca June Dust Control Conferencesl June 2011

Hilti DRS helps with regulatory compliance, helps to save costs and improve productivity.

no DRS

Respirable dust

no DRS

Tool lifetime

no DRS

Consumable lifetime

no DRS

Application speed

no DRS

Cleaning effort Jobsite compliance Longer lifetime Labor time savings

no DRS

Inhalable dust

ww www. w.us.hilti.com us.hilti.com l w l www ww.hilt .hilti.ca i.ca June Dust Control Conferencesl June 2011

Consumables Power Tools Accessories Vacuum Cleaners

Effective dust control begins with the design of the tools used. Thanks to innovative design, Hilti systems remove dust right at its source Stop kicking up dust! There‟s even a dust removal system for Hilti breakers. Hilti AirBoost technology – for maximum performance and efficiency.

Hilti Dust Removal Systems

Four components – one winner

All system components, including consumables, drill bits, discs, blades or other accessories as well as fully integrated systems, are perfectly matched to maximize the amount of dust removed at its source and collected efficiently by the vacuum removal system.

ww www. w.us.hilti.com us.hilti.com l w l www ww.hilt .hilti.ca i.ca June Dust Control Conferencesl June 2011

Summary: Our recommendation for superior performance - use our harmonized system

Factors increasing productivity and worker protection:

• Harmonized system which is designed and developed together
• A high continuous suction power - more important than only a high filter class
• Easy to transport, mobile on site, robustly designed and easy to use

ww www. w.us.hilti.com us.hilti.com l w l www ww.hilt .hilti.ca i.ca June Dust Control Conferencesl June 2011