Spotlight on Local Laws 196 & OSHA Silica Standard Rule 1 | - - PowerPoint PPT Presentation

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Welcome the TSC Legislation Briefing Series Spotlight on Local Laws 196 & OSHA Silica Standard Rule

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Spotlight on New Silica Rule

Peter Simon, CSP, Safety Consultant & Risk Manager, TSC, LLC.

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Information is complex & confusing The Construction Safety Act alone introduced 20 new bills 24 laws have already been enacted Noncompliance leads to fines & Stop Work Orders As an industry leader for 22 years,

• ur goal is to help you navigate

new laws and provide turnkey safety solutions for your business This presentation provides a high- level overview of all the laws as well as information around the OSHA Standard and Local Law 196.

2017 — Watershed Year for New Construction Legislation

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Overview of New Legislation

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Overview of New Legislation

(Continued)

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Local Law 070 - 2018 Penalties & Fines

Recover penalties for any violation regarding a fatality or SERIOUS physical injury Penalties of up to $500,000 for companies $150,000 for individuals Enacted – 1/19/2018 Effective – 7/18/2018

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Common mineral (70% of earth’s crust) Found in sand, concrete, stone and mortar Used to make glass, pottery, ceramics, bricks and artificial stone Amorphous silica, such as silica gel, is not crystalline silica. Crystalline silica is a known carcinogen.

What is Silica?

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At least 100 times smaller than

• rdinary sand you might

encounter on beaches and playgrounds Created during work operations involving stone, rock, concrete, brick, block, mortar, and industrial sand Exposures can occur when cutting, sawing, grinding, drilling, and crushing these materials Puts workers at risk for silicosis, lung cancer, chronic obstructive pulmonary disease (COPD), and kidney disease.

Health Hazards

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Silicosis deaths have declined in recent years but the problem remains serious. From 2005 through 2014, silicosis was listed as the underlying or a contributing cause of death on over 1,100 death certificates in the United States,1 but most deaths from silicosis go undiagnosed and unreported. Also, those numbers of silicosis deaths do not include additional deaths from other silica-related diseases such as COPD, lung cancer and kidney disease.

Statistics

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U.S Court of Appeals for the District of Columbia Circuit: Argued September 26, 2017 Decided December 22, 2017 Stated OSHA had met legal requirements for, among other things, determining what standards are feasible - economically and technically.

Discussion Around New Silica Rule

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About 2.3 million workers are exposed to respirable crystalline silica in their workplaces 2 million construction workers who drill, cut, crush, or grind silica-containing materials such as concrete and stone The revised rule will reduce the risk of disease among workers who inhale respirable crystalline silica and provide the same protection for all workers covered Compliance deadline for Construction – Sept. 23, 2017 one year after the effective date.

New OSHA Standard for Silica Exposure

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In 2017, OSHA reduced the permissible exposure limit (PEL) for respirable crystalline silica to at or < 50 µg/m3 (Micrograms per Cubic Meter of Air).  Employers are required to:  Train employees on silica risk; how to prevent exposure.  Have a written silica exposure control plan.  Follow Table 1, showing required methods to reduce silica exposure to at

• r < 50 µg/m3

(Micrograms per Cubic Meter of A ir).9/23/17

New OSHA Standard for Silica Exposure

(continued)

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Standard applies to occupational exposures to respirable crystalline silica in construction work, except where employee exposure will remain below 25 micrograms per cubic meter of air (25 μg/m3 ) as an 8-hour time-weighted average (TWA) under any foreseeable conditions. Action level means a concentration of airborne respirable crystalline silica of 25 μg/m3 , calculated as an 8-hour TWA.

Standard Scope

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For each employee engaged in a task identified on Table 1, the employer shall fully and properly implement the engineering controls, work practices, and respiratory protection specified for the task

• n Table 1; or

 the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with Alternative Exposure Control Methods

Two Options for Task Compliance

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Regardless of which exposure control method is used, all construction employers covered by the standard are required to: Establish and implement a written exposure control plan that identifies tasks that involve exposure and methods used to protect workers, including procedures to restrict access to work areas where high exposures may occur. Designate a competent person to implement the written exposure control plan. Restrict housekeeping practices that expose workers to silica where feasible alternatives are available. Offer medical exams-including chest X-rays and lung function tests-every three years for workers who are required by the standard to wear a respirator for 30 or more days per year. Train workers on work operations that result in silica exposure and ways to limit exposure. Keep records of exposure measurements, objective data, and medical exams.

Employer’s Requirement

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Air monitoring data. The employer shall make and maintain an accurate record of all exposure measurements taken to assess employee exposure to respirable crystalline silica. Objective data. The employer shall make and maintain an accurate record of all objective data relied upon to comply with the requirements of this section. Medical surveillance. The employer shall make and maintain an accurate record for each employee covered by medical surveillance. Medical surveillance—The employer shall make medical surveillance available at no cost to the employee, and at a reasonable time and place, for each employee who will be required under this section to use a respirator for 30 or more days per year.

Recordkeeping

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The plan must describe: Tasks involving exposure to respirable crystalline silica Engineering controls, work practices, and respiratory protection for each task Housekeeping measures used to limit exposure Procedures used to restrict access, when necessary to limit exposures Will be implemented by designated competent person

Written Exposure Control Plan

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Based on the task being performed, Table 1 requires employers to operate and maintain tools that minimize dust emissions (air/water flow systems or vacuum equipment) to comply with the new rule. You can protect your employees with the right OSHA-compliant safety equipment and PPE such as:

 Half Face & Full Face Respirators  Dust extractor equipment such as HEPA vacuums with filters  Attachments and adaptors for tools you already own

Safety Supplies Unlimited knowledgeable experts can assist you with questions about the OSHA requirements and finding the right equipment for your site.

How Can We Help You Comply With The New Silica Rule?

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Spotlight on Local Law 196 of 2017

John Connolly, Director of Field Operations, TSC, LLC.

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Local Law 196

• f 2017

Key Areas of Focus: Local Law 196 of 2017, previously referred to as Intro. 1447, when fully phased-in in 2019, will require: Workers at certain jobsites receive a minimum of 40 hours of safety training; and Supervisors at certain jobsites receive a minimum of 62 hours of safety training

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Who Must be Trained?

 This law requires certain workers and supervisors to receive safety training at construction sites, that are required to designate a Construction Superintendent, Site Safety Coordinator or Site Safety Manager.  Supervisors at these jobsites must also be

• trained. This includes Site Safety Managers,

Site Safety Coordinators, Concrete Safety Managers, Construction Superintendents and Designated Competent Persons.

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Who Does Not Need Training?

Delivery persons, flag persons, professional engineers, registered architects, special inspectors, and Department-licensees (excluding safety professionals) are not required to be trained. Workers at jobsites that only involve minor alterations or the construction of a new 1-, 2- or 3-family homes are not required to be trained. NOTE: If you fall into one of these categories but serve as a Site Safety Manager, Site Safety Coordinator, Concrete Safety Manager, Construction Superintendent or designated competent person, you must receive training.

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Applicability of Training Requirement

Safety Training Required Construction Workers Demolition Workers Construction Superintendents (CS) Site Safety Coordinators (SSC) Site Safety Managers (SSM) Concrete Safety Managers (CSM) Competent Persons Journeypersons Forepersons Employees of DOB Licensees or Registrants Safety Training Not Required

Building Site Owners Project Managers Professional Engineers (PE) Registered Architects (RA) Developers Delivery Persons Construction Managers Flag Persons General Contractors DOB Licensees and Registrants that are not CS, SSC, SSM, and CSM Concrete Testing Laboratories/Concrete Inspectors Filing Representatives Security Officers Special Inspectors Service Technicians Consultants

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How Much Training Will be Required & What Will it Entail?

Training Required:  Workers will be required to receive 40 hours

• f training

 Supervisors will be required to receive 62 hours of training  Training entails either:  an OSHA 10-hour class with 20-hours of additional training; or  an OSHA 30-hour class; or  a 100-hour training program approved by the Department of Buildings,  prior experience. “See DOB service update May 2018”

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Training Hours and Curriculum

The total number of hours of required training effective was decided on May 9th by the Department of Buildings (DOB) after receiving recommendations from the task force. The DOB determined the total number of hours of required training effective December 1, 2018: Workers

 Limited SST card (30 hours)  Temporary SST card (10 hours)  Renewal: SST card (8 hours)

Supervisors

 Supervisors: Supervisors SST card (62 hours)  Renewal: Supervisor SST card (16 hours)

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Effective on March 1, 2018

Now, at a minimum, all workers or supervisors must have completed one of the following courses: OSHA 10-hour class (temporary SST card); or OSHA 30-hour class; or a 100-hour training program approved by the Department (such as training received through an apprenticeship program).

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Training Required

• n

December 1, 2018

On December 1, 2018 (or June 1, 2019 if the Department of Buildings (DOB) determines that there is insufficient capacity to provide the training), at a minimum, will require the following training, evidenced by a Limited Site Safety Training Card:  an OSHA 10-hour class and 20 additional training hours:  Osha 10-hour class  8-Hour Fall Prevention  8-Hour Chapter 33 (Site Safety Manager Refresher)  4-hour Supported Scaffold User  an OSHA 30-hour class; or  a 100-hour training program approved by the Department  At a minimum meets the coursework in item 1

• r 2 above

 Prior Experience See DOB service update May 2018  4-hour Fall Prevention  4-hour Supported Scaffold User

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Training Required

• n

December 1, 2018

Supervisors will be required to have a Site Safety Training Supervisor Card, proving being fully trained. NOTE: Presently, new entrants to the construction or demolition workforce may begin working with a Temporary Site Safety Training Card, which is a non- renewable card that expires after 6 months that is issued to a person who completes an OSHA 10-hour class. Continued

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Training Required

• n May 1,

2019

On May 1, 2019 (or September 1, 2020 if the Department of Buildings (DOB) determines that there is insufficient capacity to provide the training), the following training will be required, evidenced by a SST card: OSHA 10 hour and 30 additional hours of training specified by the DOB:

 OSHA 10-hour class  8-hour Fall Prevention  8-hour Chapter 33 (Site Safety Manager Refresher)  4-hour Supported Scaffold User  4-hour Specialized Electives  2-hour Drug and Alcohol Awareness

OSHA 30 hour and 10 additional hours of training specified by the DOB:

 OSHA 30-hour class  8-hour Fall Prevention  2-hour Drug and Alcohol Awareness

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Training Required

• n May 1,

2019

A 100-hour training program approved by the DOB

 At a minimum meets the coursework identified in item 1 or 2 above

Prior Experience “See DOB service update

May 2018”

 4-hour Fall Prevention  4-hour Supported Scaffold User

NOTE: Presently, new entrants to the construction or demolition workforce may begin working with a Temporary Site Safety Training Card, which is a non-renewable card that expires after 6 months that is issued to a person who completes an OSHA 10-hour class.

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Timeline for Workers to be Trained?

 Training will be phased-in in 3 parts beginning on March 1, 2018, with full training being required by as late as September 1, 2020.  Deadline No. 1  By March 1, 2018, all workers and supervisors have a minimum of 10 hours of training.  Deadline No. 2  By December 1, 2018 or June 1, 2019, if the Department of Buildings (DOB) determines that there is insufficient capacity to provide training, workers must have at least a Limited Site Safety Training (SST) Card, which includes a minimum 30 hours of training.  Deadline No. 3  By May 1, 2019 or September 1, 2020, if DOB determines that there is insufficient capacity to provide training, workers must have a Site Safety Training (SST) Card, meaning they have been fully trained.

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Is Online Training Accepted?

 Online training after October 16, 2017, will not be accepted. No parameters have been set for this.  After October 16, 2017, only in-person training and actively proctored online training will be accepted. Actively proctored online training is:  online training, taken in a classroom with a proctor; or  online training that at a minimum requires the individual receiving the training:  to attest that they are the individual that received the training and that the training was received without assistance; and  to have their participation monitored at random times to ensure that the individual receiving the training is present for the entirety of the training

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Be Compliant: Avoid Violations & Penalties!

 Permit applicants will be required to certify to the Department of Buildings (DOB) that workers who will be working under the permit will have the prerequisite training.  What happens if the DOB discovers workers are untrained? Violations with civil penalties up to $5,000 per untrained worker to the owner of the site, the permit holder and the employer of the untrained worker.  What happens if the DOB discovers permit holder failed to maintain log of all trained workers? Violation with a civil penalty of up to $2,500  Each worker constitutes a separate violation, noticed and charged separately and punishable by a separate civil penalty. The DOB will also conduct unannounced inspections at sites where untrained workers have been discovered.  NOTE: There is opportunity for the reduction in fees or penalties for sponsoring site safety training.

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Dates to Remember

October 16, 2017: Date the legislation took effect; relevant to online training. March 1, 2018: Date 10 hours of training was required December 1, 2018: Date 30 hours of training will be required. May 1, 2019: Earliest date full training will be required. September 1, 2020: Fully Phased-in

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Will You be Local Law 196 Ready?

TSCTA Will Make Sure You Are Ready!  We’ll partner with you to make sure your whole team is in full compliance.  3 state-of-the-art training facilities in LIC, NYC, Bronx and Bayonne, NJ.  Beyond the immediate requirements for Local Laws 196 & 81, we have over 75 additional construction and safety courses.  Course content is in-depth, thoroughly detailed and on point.  Courses are taught by knowledgeable industry experts in multiple languages.  We provide training at your jobsite, at your

• ffices, or at one of our local training facilities.

 We have the expertise and all the tools and resources you need to help you navigate LL 81 & 196 and all other recently enacted laws.

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Avoid Violations & Penalties!

 Permit holders must certify workers have required training.  Fines are $15,000 per untrained

• worker. $5,000 each for owner,

permit holder and employer.  Permit holders failing to keep log

• f trained workers face fines of

$2,500.  Department of Buildings (DOB) planning unannounced sites check where untrained workers have been found and will target other jobs of permit holders in violation.

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Informational disclaimer: No information contained in this presentation is to be construed as legal

• advice. This presentation is provided for informational and educational

purposes only. If presented with a claim or other legal action, consult with an attorney.

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Questions? We’ve got answers.