Environmental, Health and Safety Brief for April

Safety

FYI...Remember to take down (on or around April 1) your OSHA 300 log that should have been posted beginning February 1.

OSHA Issues a Final Rule on Silica

On March 25, 2016, the U.S. Occupational Safety and Health Administration (OSHA) published its final silica rule in the Federal Register (Citation: 81 FR 16285 Page: 16285 -16890 (606 pages)). The rule, which lowers the permissible exposure limit (PEL) for respirable crystalline silica on job sites, will take effect on June 23, 2016.

Key Provisions

The final rule, Occupational Exposure to Respirable Crystalline Silica (Docket Number OSHA-2010-0034), also is designed to protect employees from exposure to silica dust. It includes provisions for assessing and controlling exposure, respiratory protection, medical surveillance, hazard communication and recordkeeping.

The final rule:

Reduces the PEL to 50 micrograms of respirable crystalline silica per cubic meter of air (50 µg/m3) as an eight-hour time-weighted average in all industries covered by the rule and imposes an even lower 25 µg/m3 action level. (The new PEL is approximately half the current general industry PEL.)
Requires employers to use engineering controls (such as water or ventilation) to limit worker exposure to silica dust, provide respirators when engineering controls cannot adequately limit exposure, limit worker access to high exposure areas, develop a written exposure control plan, and train workers on silica risks and how to limit exposure.
Requires employers to provide medical exams to monitor highly exposed workers and give workers information regarding their lung health.

Compliance Schedule

The final rule is issued as two separate standards, one for general industry and maritime (including hydraulic fracturing) and one for construction. After both standards take effect on June 23, 2016, industries have one to five years to comply with most requirements, based on the following schedule:

Construction: June 23, 2017
General industry (e.g. hot mix plants): June 23, 2018
Hydraulic fracturing: June 23, 2018, for all provisions except engineering controls, which has a compliance date of June 23, 2021.

What This Means to You

Under the new standards, employers will be expected to cut worker exposures in half in general industry, including hydraulic fracturing, and by five times in the construction field by the applicable deadlines. Industry strongly opposed the new PEL, contending it was unnecessary to protect workers, unfeasible in light of currently available technology and unsupported by scientific evidence. In some industries covered by the rule, it is not clear that technology currently exists to allow employers to meet the new PEL within the deadlines. As a result, an industry challenge to the final rule is likely. If such a challenge is filed, the compliance schedule may be stayed by the court that considers the challenge.

Area of Impact to TXAPA Members Includes:

Milling Operations
Sweeping Operations
Dust Control Mechanisms at Plants (Hot Mix and Quarries)
Saw Cutting Operations
Baghouse Cleaning
Grinding and Crushing operations (RAP, Quarry)

Click here for the final rule.

Environmental

Toxic Release Inventory Reporting (TRI) – Time to start collecting data for TRI reports to the TCEQ on or before July 1, 2016 for year 2015.

TRI Reporting Requirements

Your facility is required to report to the TRI Program if it meets ALL of these three threshold criteria:

The facility is included in a TRI-covered North American Industry Classification System (NAICS) code (see the TRI NAICS code webpage or Table I of the current Reporting Forms and Instructions for a complete list – the NAISC code for most in our industry is 324121); and
The facility has 10 or more full-time employee equivalents (i.e., a total of 20,000 hours or greater; see 40 CFR 372.3); and
The facility manufactures (defined to include importing), processes or otherwise uses any EPCRA Section 313 chemical in quantities greater than the established threshold in the course of a calendar year.

Click here for the information on TRI Reporting.

Health

Noise Dosimetry – What is it?

Most of the operations in our industry either are or have the potential to expose our employees to excessive noise. To determine over exposure, a study that employs an instrument called a noise dosimeter is done. The dosimeter measures the total noise exposure to which the employee is exposed over an 8 hour time period. The data generated is used to produce a time weighted average (TWA) exposure value. If the noise levels exceed a time weighted average (TWA) of 85db (action level), then you are required to implement a hearing conservation program. This program will define how exposure to noise can be reduced to acceptable levels (accomplished through use of hearing protection such as muffs or plugs, but engineering controls are the preferred method. A combination of both can also be employed). The program will also involve initial and annual hearing testing among other requirements.