Tyler Allwood, Director of Business Development, Eagle Roofing Products
Silica remains a hot topic throughout the construction and manufacturing worlds. As most people know, OSHA put its silica rule into place in June of 2016. While the roofing industry and many other construction and business organizations fought its implementation, the rule was rolled out and the compliance date was set. After a delay, it went into effect September 23, 2017.
The new rule lowers the Permissible Exposure Limit (PEL) of 50 micrograms per cubic meter (action level is 25 micrograms), averaged over an eight-hour day. This is an 80 percent decrease from the previous PEL and changes, considerably, the construction practices necessary to meet the new levels. Despite factual data showing decreases in deaths due to silica exposure under the existing PEL, OSHA believes that the new rule and lower PEL will prevent 600 silica-related deaths per year across all industries. OSHA does not specify how many deaths the rule will prevent in the roofing industry. In actuality, there are no records of deaths related to exposure to respirable silica involved in roofing activities.
According to OSHA, there are two paths to compliance:
1. Use an engineering control method from Table 1 in the rule, or
2. Measure worker exposure and choose the best dust control method for the job.
However, it is becoming obvious that OSHA was not fully prepared to deal with compliance for this rule. The new permissible exposure limit seems arbitrary and good guidance for how to comply has not been provided. Because uninformed assumptions were
made about standard roofing practices in the rulemaking process, using the suggested compliance methods can be dangerous to workers. Additionally, measuring respirable silica at such small levels on a real jobsite is going to be very difficult.
What has this meant for the roofing industry so far?
Has it had the immediate depressive effects on the building industry that many worried about? As of now, it does not appear that the rule has made a very big impact. While it is important for contractors to take this measure seriously and to make efforts to comply, respiratory Silica compliance does not seem to be a priority for OSHA.
In a memorandum to the tile industry, Anthony Tilton of Cotney Construction Law, LLP, writes: “Despite the new regulations, the apparent impossibility of complying with the Permissible Exposure Limits (“PEL”), and OSHA’s overall failure to provide compliance and education assistance needed to realistically promulgate such a regulation, we write today with one very clear message: All is not lost for those of us who make a living cutting, manufacturing, installing, and supplying concrete and masonry tile.” Tilton performed a review of all citations in a one-year span, from October 2016 to September 2017, which shows that there were very few fines levied for the generic category of “air contamination.” There were six citations ($17,716 in penalties). That is compared to 7,006 citations for alleged fall protection violations ($33,208,948 in penalties). The difference is striking.
Can contractors ignore the silica rule?
It is very important that contractors not take the lack of enforcement as a reason to ignore the rule. We all understand that worker safety is paramount. Unfortunately, OSHA’s suggested compliance methods may make jobsites less safe. Table 1 in the rule provides
the controls that OSHA believes will make compliance possible.
In addition to the controls in Table 1, OSHA requires contractors 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 workers’ silica exposure and medical exams.
It is difficult to rationalize the suggested controls, given the lack of evidence of deaths due to silica exposure during roofing activities. In fact, it is possible that these new control methods may cause more fall deaths. Contractors are left to figure out how they should safely introduce wet saws on steep-slope roofs. Their options are likely limited to creating slippery surfaces for workers to navigate, or increasing trips up and down ladders to make wet cuts on the ground.
As contractors begin to assess their options for compliance, it is critical that they develop a written exposure plan. This is the document that establishes how the contractor intends to limit worker exposure to respirable silica. It is similar to a written fall protection plan. There are many templates available online that allow contractors to tailor their plan to their specific needs. Additionally, a competent person should be established and identified in the plan. This is the person who will maintain the plan.
Unlike with fall plans, this person does not need to be present on the jobsite. All workers that perform activities that create respirable silica must be trained on the contents of the written exposure plan so that they understand the controls being used.
Industry Efforts
The industry continues to work hard to seek relief from the Silica Rule. Specifically, the Tile Roofing Institute is redoubling its lobbying efforts with help from its Eastern and Western Contractor Advisory Groups. On a recent trip to DC, the TRI Government Relations (G-R) Committee added three contractor members. The group had the chance to meet with the House Education and the
Workforce Committee’s Subcommittee on Workforce Protections, the House Small Business Committee and the Small Business Administration’s Office of Advocacy.
The GR Committee members explained that:
■ OSHA’s silica rule must prioritize fall-protection safety hazards.
■ Engineering controls in Table 1 pose serious safety issues for tile roofing workers on steep slope roofs.
■ Hand-held wet saws are not an option; nor is cutting on the ground; nor is scaffolding.
■ APF 10 respirators pose another major safety concern.
■ The Construction Industry Safety Coalition is meeting with OSHA to draft an RFI to expand Table 1.
■ We need a “tailored approach” to meet tile roofing’s needs.
There is still a lot of work to be done and contractors need to be conscious of the requirements being placed on them, but it is important to understand that real efforts are in the works to reduce the onerous mandates of the silica rule.
FRM
Tyler Allwood is the Director of Business Development for Eagle Roofing Products and a member of the Tile Roofing Institute Government Relations Committee and FRSA’s Roof Tile Committee. Tyler was a roofing contractor in Florida prior to joining Eagle and served as President of the Sarasota/ Manatee affiliate of the FRSA.
