Richard K. Olson, President & Technical Director, Tile Roofing Institute
As reported previously, the current administration is pushing their efforts to implement the new draft OSHA regulations that will cut the allowable silica Permissible Exposure Limits (PEL) in half by the end of this administration. The original implementation date was scheduled for February 16, 2016. The actual level (AL) is being set for a desired threshold as a 75 percent reduction, but has been determined to be unenforceable and not achievable. The draft regulations include language for establishing medical baselines for employees with more than four hours per day of time-weighted exposure to such activities and the need for formal respirator programs to be in place by companies that identify such exposure.
These new regulations will affect all aspects of building construction since the use of silica sand is found in everything from plaster, masonry and materials that have sand as a binder that extend to most roof systems. This will change the way we plan construction practices from the curb to the driveway, walls, electrical, plumbing and roof installations. For roof practices the greater concern is the impact on fall protection.
The Tile Roofing Institute (TRI) has joined efforts with the National Roofing Contractors Association (NRCA) and the other members of the Construction Industry Safety Coalition (CISC) that has 24 industry associations in collaboration to fight the pending new regulations. The efforts have included testimony before the OSHA committees and recently the Office of Management and Budget for the White House. Our emphasis in discussions has been centered on two main areas:
1. The costs associated with the proposed regulation and,
2. The increased fall hazards for roof practices.
CISC as an organization has spent the last year gathering actual field data and has determined the estimated costs from OSHA are significantly lower that actual data. Here are some of the points:
■ A Construction Industry Safety Coalition (CISC) study (03-26-15) finds OSHA underestimated the cost of the Silica Rule for Construction (Sec. 1926) by $4.5 billion per year.
■ OSHA says $511 million annually for Construction.
■ CISC says $5 billion annually for Construction.
■ The CISC report estimates that about 80 percent of the cost ($3.9 billion/year) will be direct compliance expenditures by the industry such as additional equipment, labor and record-keeping costs.
■ The remaining 20 percent of the cost ($1.05 billion/year) will come in the form of increased prices that the industry will have to pay for construction materials and building products such as concrete block, glass, roofing shingles and more.
■ OSHA failed to take into account these additional costs to the construction industry that will result from the proposed standard, which will then be passed down to customers in the form of higher prices.
■ OSHA underestimates $147 million annually for General Industry and Maritime (Sec. 1910) Page 232 of the proposed rule states – The 25 industry sectors in the overall general industry and maritime sectors that OSHA identified as being potentially affected by the proposed silica standard are as follows:
■ Asphalt Roofing Materials
■ Concrete Products
■ Paint and Coatings
OSHA also has not taken into account life-cycle costs. On February 7, 2014, the Construction and Demolition Recycling Association stated the following:
“Our nearly 300 members are part of an industry responsible for recycling hundreds of millions of tons of material, keeping it out of landfills, saving our natural resources, while providing thousands of green manufacturing jobs. Included in this material stream are large amounts of silica-containing material, especially concrete, asphalt, drywall, and asphalt shingles. However, after a careful reading of OSHA’s proposed rule, we are gravely concerned with the unachievable PEL standard proposed. In fact, we recommend that OSHA withdraw this flawed proposal and have meaningful dialogue with the construction and demolition industry on worker
safety.”
Our discussions on roofing safety centered on the increased exposure to fall hazards from increased trips up and down roof ladders to materials on the ground level for proper cutting. The TRI has worked since 2006 with NIOSH on identification of potential mechanical cutting methods for roofing material with no successful options available. The use of water cutting saws with hoses, wet roof surface and fall protection equipment significantly increases the danger to the roofing professional. We stressed the highly transient workforce and huge burden on small business that represents the majority of roofing contractors.
With the February 16, 2016 deadline passed and more testimony coming in, there will obviously be a time extension for any formal decision. If the current administration were serious in the commitment for being in place by January we would expect a formal release by late summer. The CISC organization, we have been actively building our case to provide accurate and validated cost estimates. As testimony has developed and field data collected, the CISC has positioned itself to be ready for further actions if necessary if the regulations are released as written. The hope remains that further evaluation by OMB and others will allow the withholding of the regulation until further reviews and edits can be accomplished. We ask that roofing professionals use your voice and join with others in helping to relay our concerns. We encourage all of you as individuals, companies and associations to help
raise the awareness against the poorly drafted regulations. At the TRI, we are happy to help pass along information via the FRSA to its members.
For more information on how to become directly involved, please feel free to contact the TRI at info@tileroofing.org.
Richard K. Olson is president and technical director for the Tile Roofing Institute (TRI). The association represents industry
professionals involved in the manufacturing and installation of concrete and clay tile roofs in the U.S. and Canada, working with national, state, and local building officials to develop installation techniques, codes, and standards for better roofing systems. Olson can be reached at rolson@tileroofing.org. Visit www.tileroofing.org to learn more about how the Institute may benefit your business.
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