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

Welcome the TSC Legislation Briefing Series Spotlight on Local Laws 196 & OSHA Silica Standard Rule 1 | www.totalsafety.org | 201-437-5150

Spotlight on New Silica Rule Peter Simon, CSP, Safety Consultant & Risk Manager, TSC, LLC. 2 | www.totalsafety.org | 201-437-5150

2017 — Watershed Year for New Construction Legislation  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, our 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. 3 | www.totalsafety.org | 201-437-5150

Overview of New Legislation 4 | www.totalsafety.org | 201-437-5150

Overview of New Legislation (Continued) 5 | www.totalsafety.org | 201-437-5150

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 6 | www.totalsafety.org | 201-437-5150

What is Silica?  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. 7 | www.totalsafety.org | 201-437-5150

Health Hazards  At least 100 times smaller than ordinary 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. 8 | www.totalsafety.org | 201-437-5150

Statistics  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. 9 | www.totalsafety.org | 201-437-5150

Discussion Around New Silica Rule 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. 10 | www.totalsafety.org | 201-437-5150

New OSHA Standard for Silica Exposure  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. 11 | www.totalsafety.org | 201-437-5150

 In 2017, OSHA reduced the permissible exposure limit (PEL) for respirable crystalline silica to at or < 50 µg/m 3 (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 New OSHA Standard silica exposure to at or < 50 µg/m 3 for Silica Exposure (Micrograms per Cubic Meter of A ir).9/23/17 (continued) 12 | www.totalsafety.org | 201-437-5150

Standard Scope  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. 13 | www.totalsafety.org | 201-437-5150

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 on Table 1; or  the employer assesses and limits the exposure of the employee to respirable crystalline Two Options for Task silica in accordance with Alternative Compliance Exposure Control Methods 14 | www.totalsafety.org | 201-437-5150

Employer’s Requirement 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. 15 | www.totalsafety.org | 201-437-5150

Recordkeeping  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. 16 | www.totalsafety.org | 201-437-5150

Written Exposure Control Plan 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 17 | www.totalsafety.org | 201-437-5150

How Can We Help You Comply With The New Silica Rule?  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. 18 | www.totalsafety.org | 201-437-5150

Spotlight on Local Law 196 of 2017 John Connolly, Director of Field Operations, TSC, LLC. 19 | www.totalsafety.org | 201-437-5150

Local Law 196 of 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 20 | www.totalsafety.org | 201-437-5150

 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. Who Must  Supervisors at these jobsites must also be trained. This includes Site Safety Managers, be Trained? Site Safety Coordinators, Concrete Safety Managers, Construction Superintendents and Designated Competent Persons. 21 | www.totalsafety.org | 201-437-5150

 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-, Who Does 2- or 3-family homes are not required to be trained. Not Need  NOTE: If you fall into one of these Training? categories but serve as a Site Safety Manager, Site Safety Coordinator, Concrete Safety Manager, Construction Superintendent or designated competent person, you must receive training. 22 | www.totalsafety.org | 201-437-5150