[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Proposed Rules]
[Pages 41667-41670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17450]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. OSHA-2010-0034]
RIN 1218-AD18


Occupational Exposure to Respirable Crystalline Silica--Specified 
Exposure Control Methods

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION: Request for Information (RFI).

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SUMMARY: OSHA is requesting information on the effectiveness of 
engineering and work practice control methods not currently included 
for the tasks and equipment listed on Table 1 of the Respirable 
Crystalline Silica standard for construction. The agency is also 
requesting information on tasks and equipment involving exposure to 
respirable crystalline silica that are not currently listed on Table 1, 
along with information on the effectiveness of engineering and work 
practice control methods in limiting worker exposure to respirable 
crystalline silica when performing those tasks. Finally, OSHA is 
requesting information and comment on whether there are additional 
circumstances where it would be appropriate to permit employers covered 
by the Respirable Crystalline Silica standards for general industry and 
maritime to comply with the silica standard for construction. This RFI 
requests comment and information, including exposure data, which could 
assist the agency in assessing whether revisions to the standards may 
be appropriate.

DATES: Submit comments on or before October 15, 2019.

ADDRESSES: Submit comments and additional materials using any of the 
following methods:
    Electronically: You may submit comments and attachments 
electronically via https://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for making 
electronic submissions.
    Facsimile: If your submission, including attachments, does not 
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Regular mail, express mail, hand delivery, or messenger/courier 
service (hard copy): You may submit your comments and any additional 
materials to the OSHA Docket Office, Docket No. OSHA-2010-0034, 
Occupational Safety and Health Administration, U.S. Department of 
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210; 
telephone: (202) 693-2350 (TTY (877) 889-5627). OSHA's Docket Office 
accepts deliveries (hand deliveries, express mail, and messenger/
courier service) from 10 a.m. to 3 p.m. ET, weekdays.
    Because of security-related procedures, submission by regular mail 
may result in significant delay. Please contact the OSHA Docket Office 
(telephone: (202) 693-2350; email: [email protected]) for 
information about security procedures concerning delivery of materials 
by express mail, hand delivery, and messenger service.
    Instructions for submitting comments: All submissions must include 
the agency's name (OSHA), the title of this RFI (Occupational Exposure 
to Respirable Crystalline Silica--Specified Exposure Control Methods), 
and the docket number for this RFI (OSHA-2010-0034). OSHA will place 
all comments and other materials, including any personal information 
you provide, in the public docket without revision, and these materials 
will be available online at https://www.regulations.gov. Therefore, 
OSHA cautions you about submitting statements that you do not want made 
available to the public, or submitting comments that contain personal 
information such as Social Security numbers, birth dates, and medical 
data.
    Docket: To read or download submissions or other material in the 
docket, go to https://www.regulations.gov or the OSHA Docket Office at 
the above address. The https://www.regulations.gov index lists all 
documents in the docket. However, some information (e.g., copyrighted 
material) is not available to read or download through the website. All 
submissions, including copyrighted material, are available for 
inspection at the OSHA Docket Office. Contact the OSHA Docket Office 
for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: 
    Press Inquiries: Frank Meilinger, Director, OSHA Office of 
Communications, telephone: 202-693-1999; email: 
[email protected].
    General and technical information: William Perry or David O'Connor, 
Directorate of Standards and Guidance, telephone: 202-693-1950; email: 
[email protected].
    Copies of this Federal Register notice: Electronic copies of this 
Request for Information are available at https://www.regulations.gov. 
This Federal Register notice, as well as news releases and other 
relevant information, is also available at OSHA's web page at https://www.osha.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 25, 2016, OSHA published a final rule regulating 
occupational exposure to respirable crystalline silica (81 FR 16286). 
The final rule established a new permissible exposure limit (PEL) for 
respirable crystalline silica of 50 micrograms per cubic meter of air 
(50 [mu]g/m\3\) as an 8-hour time-weighted average in all industries 
covered by the rule. The rule also included other provisions, such as 
requirements for exposure assessment, methods for controlling exposure, 
respiratory protection, medical surveillance, hazard communication, and 
recordkeeping. OSHA issued two separate standards--one for construction 
(29 CFR 1926.1153) and one for general industry and maritime (29 CFR 
1910.1053).\1\
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    \1\ ``Maritime'' refers collectively to shipyards, marine 
terminals, and longshoring. While the shipyard standard is 
technically a separate standard, it is identical to the general 
industry standard. See 29 CFR 1915.1053 (cross-referencing 29 CFR 
1910.1053). Marine terminals and longshoring are covered under 29 
CFR 1910.1053. See 29 CFR 1917.1(a)(2)(xiii)) and 29 CFR 
1918.1(b)(9)).

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[[Page 41668]]

    The construction standard provides employers with two options to 
limit worker exposures to respirable crystalline silica. Employers can 
assess employee exposures to silica and implement control measures that 
limit such exposures to the PEL (29 CFR 1926.1153(d)). But employers 
may instead choose to fully and properly implement the requirements in 
Table 1 for employees engaged in the 18 common construction tasks 
therein (29 CFR 1926.1153(c)). Table 1 lists each task's corresponding 
engineering and work practice control methods and respiratory 
protection requirements, if any.
    For some Table 1 tasks, there was substantial evidence in the 
rulemaking record that exposure to respirable crystalline silica would 
be limited to the PEL most of the time using the specified engineering 
and work practice controls, so no respiratory protection is required. 
For the other Table 1 tasks, available evidence indicated that 
exposures would remain above the PEL after implementation of 
engineering and work practice controls, so respiratory protection is 
required. Several tasks listed on Table 1 provide a choice of 
compliance methods because each can consistently reduce exposures to 
the PEL or below, or are equally effective in limiting exposure. For 
example, for jackhammers and handheld powered chipping tools, employers 
can satisfy Table 1's requirements by using either a tool with a water 
delivery system that supplies a continuous stream or spray of water to 
the point of impact, or a tool equipped with a commercially available 
shroud and dust collection system.
    OSHA developed Table 1's list of controls using data from sources 
including National Institute for Occupational Safety and Health 
reports, OSHA compliance case files, published literature, and 
unpublished information submitted to the rulemaking docket. These data 
sources encompassed several types of studies assessing the 
effectiveness of control methods, including air-sampling studies 
performed during normal work activities and experimental studies 
performed in controlled environments.
    OSHA concluded that Table 1 was the best approach for protecting 
employees exposed to respirable crystalline silica and also simplified 
compliance and reduced burdens on employers in the construction 
industry. Table 1's approach further recognizes and avoids the 
challenges of accurately assessing employee exposures to respirable 
crystalline silica in construction work due to frequent changes in 
workplace conditions, such as environment and location.
    During the rulemaking process, some stakeholders urged OSHA to 
consider how to update Table 1 in the future to include new control 
methods that might be developed. OSHA responded that it saw the value 
in periodically updating Table 1 and that a static Table 1 could 
discourage the development of new control technologies for reducing 
silica exposure. OSHA is now requesting information on additional 
engineering and work practice control methods that could limit 
exposures generated by the equipment and tasks currently listed on 
Table 1. The agency is also requesting information on engineering and 
work practice control methods that could limit exposures generated by 
equipment or tasks not already included on Table 1. This information 
will help OSHA decide whether to revise Table 1.
    During the rulemaking, some commenters expressed concerns about 
determining which standard--general industry or construction--applies 
to certain activities. OSHA recognized that in some circumstances, 
general industry activities may be indistinguishable from the 
construction tasks listed on Table 1, and may be performed in varied 
environments and conditions. To address those circumstances, OSHA 
included paragraph (a)(3) in the general industry and maritime 
standard. Paragraph (a)(3) permits general industry and maritime 
employers to follow the construction standard when (1) the task 
performed is indistinguishable from a construction task listed on Table 
1, and (2) the task will not be performed regularly in the same 
environment and conditions. The second requirement recognizes that 
Table 1 was intended, in part, to accommodate situations where tasks 
will be performed in different environments and conditions. OSHA is 
interested in information and comment on whether there are additional 
circumstances where similar flexibility would benefit employers while 
maintaining protections for workers, such as when Table 1 tasks are 
regularly performed in general industry or maritime in a relatively 
stable and predictable environment.
    If the information submitted in response to this RFI indicates that 
revisions to the silica standards may be appropriate, OSHA will publish 
a Notice of Proposed Rulemaking and provide an opportunity for public 
comment on the proposed revisions before making any changes to the 
standards.

II. Request for Data, Information, and Comment

A. Questions Regarding Possible Additions to Table 1

    OSHA requests data, information, and comment on possible additions 
to Table 1. The agency is especially interested in responses to the 
numbered questions presented below. OSHA requests that comments 
reference the numbered questions to the extent possible. Commenters 
should explain their rationale and, if possible, provide information 
and data to support their comments and recommendations.
    OSHA requests that submissions of exposure monitoring data include 
the following information, where possible:
     Description of task: A description of the task(s) 
performed and work practices followed during the exposure monitoring, 
including any housekeeping measures, as well as job titles and number 
of workers monitored during the task(s). The description should also 
include information regarding the frequency and duration of the task 
being performed. For example, the description should report the number 
of times a task (e.g., drilling holes in concrete) was performed during 
the exposure monitoring period.
     Description of equipment: Indicate the make and model of 
the equipment used to perform the task. Provide a copy of equipment 
manufacturer's instructions, if available.
     Description of engineering and work practice control 
methods: Indicate the make and model of any equipment used to control 
exposures, as well as information on the condition (e.g., intact hoses, 
connections) and maintenance of the equipment. For vacuum dust 
collection systems, indicate the air flow rate, type of filter, and 
filter cleaning mechanism, if any. For water delivery systems, indicate 
the water source, volume, and flow rate. Provide a copy of the control 
equipment manufacturer's instructions, if available. If a work practice 
control was used to control exposures, describe the work practices that 
were implemented in as much detail as possible.
     Description of materials: Describe the material worked on 
during the task(s) and indicate its crystalline silica content, if 
possible. When working with concrete or other materials with 
characteristics that may change over time, please note how long a 
substrate was cured before starting work.
     Description of environmental conditions: Characterize the 
environmental conditions during monitoring, such as whether the work 
was performed outdoors, indoors, or in

[[Page 41669]]

an enclosed area with restricted air flow. For work performed indoors, 
describe the size of the room. For work performed outdoors, note 
weather conditions such as temperature, humidity, and precipitation, as 
well as the presence of water in the soil or on surfaces. Also note the 
presence of natural or mechanical ventilation, such as air movement 
caused by the wind; doors or windows (open or closed and their number 
and sizes); or ventilation systems for heating and cooling and whether 
they were operational during monitoring.
     Sampling and analytical procedures: Describe sampling 
results, sampling and analytical methods (e.g., OSHA ID-142; NMAM 
7500), and the devices used to obtain samples. Indicate the sampling 
duration and whether the samples represent a personal breathing zone or 
a well-defined area. While OSHA requests all sampling results, it is 
especially interested in personal breathing zone samples with a 
duration of 120 minutes or greater. Report the detection limit and air 
volume where the concentration of respirable crystalline silica falls 
below the limit of detection. Indicate whether a laboratory that 
analyzes air samples for respirable crystalline silica in accordance 
with Appendix A of the silica standards evaluated the samples. Please 
present sample results in units of micrograms of respirable crystalline 
silica per cubic meter of air.
Additional Exposure Control Methods for Equipment or Tasks Listed on 
Table 1
    OSHA requests information and data on the effectiveness of the 
following control methods for reducing respirable crystalline silica 
exposure for equipment and tasks listed on Table 1:
    1. Commercially available dust collection systems for stationary 
masonry saws;
    2. Commercially available dust collection systems for handheld 
power saws (any blade diameter), including handheld masonry saws;
    3. Commercially available dust collection systems for walk-behind 
saws, including ``soft cut'' saws used for cutting ``green'' concrete 
(i.e., concrete that has set but has not fully cured);
    4. Commercially available dust collection systems for drivable 
saws;
    5. Commercially available dust collection systems for rig-mounted 
core saws or drills;
    6. Integrated water delivery systems for handheld and stand-mounted 
drills (including impact and rotary hammer drills);
    7. Commercially available dust collection systems incorporating 
hollow drill bits for handheld and stand-mounted drills (including 
impact and rotary hammer drills), including information on any 
relationship between the drill bit size and the amount of airborne 
respirable crystalline silica generated or the performance of 
engineering controls;
    8. Commercially available dust collection systems, with or without 
filter-cleaning mechanisms, for cordless handheld drills;
    9. Integrated water delivery systems for dowel drilling rigs for 
concrete, including information on any relationship between drill bit 
size and the amount of airborne respirable crystalline silica generated 
or the performance of engineering controls;
    10. Commercially available dust collection systems with general 
purpose filters instead of filters with 99% or greater efficiency;
    11. Commercially available dust collection systems equipped with 
cyclonic pre-separators--instead of filter-cleaning mechanisms--for 
handheld power saws (any blade diameter), handheld and stand-mounted 
drills (including impact and rotary hammer drills), jackhammers and 
handheld powered chipping tools, and walk-behind milling machines and 
floor grinders;
    12. Floor fans or pedestal fans positioned to disperse dust away 
from workers when using handheld power tools, including handheld power 
saws (any blade diameter), handheld and stand-mounted drills (including 
impact and rotary hammer drills), and jackhammers and handheld powered 
chipping tools; and
    13. Any other exposure control methods that you believe should be 
included for equipment or tasks listed on Table 1.
Additional Equipment or Tasks To Include on Table 1
    OSHA requests information and data on the effectiveness of the 
following exposure control methods for equipment or tasks not listed on 
Table 1:
    14. Commercially available dust collection systems for power 
sanders (e.g., belt sanders, orbital sanders);
    15. Commercially available dust collection systems for power paint 
scrapers;
    16. Commercially available hoods with dust collection systems for 
reciprocating saws;
    17. Integrated water delivery systems for wire saws; and
    18. Wet methods, commercially available dust collection systems, 
commercially available dust suppression compounds, or work practices 
that minimize generation of dust for clean-up tasks, including changing 
or cleaning filters in dust collection systems.
    OSHA requests information and data on the effectiveness of any 
exposure control methods for the following equipment or tasks not 
listed on Table 1:
    19. Mixing of dry materials containing crystalline silica (e.g., 
mortar, plaster, drywall compound, fireproofing, exterior insulation 
and finishing system base and finish coats);
    20. Application of shake (e.g., coloring and/or texturizing 
material) on poured concrete floors;
    21. Use of chainsaws to cut silica-containing materials;
    22. Use of powered sweepers (e.g., trucks equipped with rotating 
brushes) to clean surfaces;
    23. Application of dry-mix or wet-mix shotcrete;
    24. Drywall finishing; OSHA did not include drywall finishing on 
Table 1 because use of drywall compounds containing silica only as a 
trace contaminant was generally expected to result in low exposures 
even without additional controls. However, the agency recognizes that 
some drywall finishing may involve compounds with higher or unknown 
silica content, or circumstances that may warrant concern for exposure 
above the PEL;
    25. Demolition of silica-containing materials using manual tools 
(e.g., sledgehammer, mason hammer, pry bar, chisel); and
    26. Any other equipment or task you believe should be included on 
Table 1.

B. Additional Requests

    27. OSHA requests information on stakeholders' experience with 
Table 1 controls, including any challenging aspects of implementing 
specified controls; situations where specified controls were not 
available; and situations where specified controls were infeasible, but 
alternative controls were feasible and effective;
    28. OSHA requests any alternative names used by workers or 
manufacturers to describe the tasks and equipment on Table 1 in 
different industry sectors or areas of the country;
    29. Employers covered by the respirable crystalline silica standard 
for general industry and maritime have the option to follow Table 1 and 
the standard for construction where the task performed is 
indistinguishable from a construction task listed on Table 1, and

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the task will not be performed regularly in the same environment and 
conditions (29 CFR 1910.1053(a)(3)). Are there any other circumstances 
where similar flexibility would benefit employers while maintaining 
protections for workers? Describe those circumstances, state your 
reasoning, and include any relevant data;
    30. OSHA requests information on any economic impacts that should 
be considered in determining whether to update Table 1 or broaden the 
circumstances under which general industry and maritime employers could 
comply with the silica standard for construction. Include quantitative 
safety and health benefits (e.g., information on the duration and 
magnitude of workers' silica exposure), cost savings (e.g., lower 
operations costs, more efficient use of capital, less expensive 
equipment, increased productivity, decreased need for exposure 
monitoring), and costs (e.g., increased compliance costs, decreases in 
productivity, increased need for exposure monitoring); and
    31. The Regulatory Flexibility Act (5 U.S.C. 601, as amended) 
requires OSHA to assess the impact of proposed and final rules on small 
entities. How many and what kinds of small businesses, or other small 
entities, could be affected if OSHA decides to revise Table 1 and 
related provisions in 29 CFR 1910.1053, 1915.1053, or 1926.1153? 
Describe any such effects, including the size and scope of operation 
for affected small entities and the likely technical, economic, and 
safety impacts for those entities. Explain how answers to any of the 
questions in this RFI would be different for small entities, and 
describe any problems or issues related to Table 1 that are unique to 
small entities.

Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for 
Occupational Safety and Health, authorized the preparation of this 
notice pursuant to 29 U.S.C. 653, 655, 657; 33 U.S.C. 941; 40 U.S.C. 
3704 et seq.; Secretary of Labor's Order 1-2012 (77 FR 3912, 1/25/
2012); and 29 CFR part 1911.

    Signed at Washington, DC, on August 9, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety 
and Health.
[FR Doc. 2019-17450 Filed 8-14-19; 8:45 am]
 BILLING CODE 4510-26-P