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cristobalite

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Subchapter 4. Construction Safety Orders

Article 4. Dusts, Fumes, Mists, Vapors, and Gases

1532.3. Occupational Exposures to Respirable Crystalline Silica.

(a) Scope and application. This section applies to all occupational exposures to respirable crystalline silica in construction work, except where employee exposure will remain below 25 micrograms per cubic meter of air (25 g/m

) as an 8-hour time-weighted average (TWA) under any foreseeable conditions.

(b) Definitions. For the purposes of this section the following definitions apply:

Action Level means a concentration of airborne respirable crystalline silica of 25 g/m

Chief means the Chief of the Division of Occupational Safety and Health, or designee.

Director means the Director of the National Institute for Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services, or designee.

Competent Person means an individual who is capable of identifying existing and foreseeable respirable crystalline silica hazards in the workplace and who has authorization to take prompt corrective measures to eliminate or minimize them. The competent person must have the knowledge and ability necessary to fulfill the responsibilities set forth in subsection (g).

Employee Exposure means the exposure to airborne respirable crystalline silica that would occur if the employee were not using a respirator.

High-efficiency Particulate Air (HEPA) Filter means a filter that is at least 99.97 percent efficient in removing mono-dispersed particles of 0.3 micrometers in diameter.

Objective Data means information, such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating employee exposure to respirable crystalline silica associated with a particular product or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employers current operations.

Physician or Other Licensed Health Care Professional (PLHCP) means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide some or all of the particular health care services required by subsection (h).

Respirable Crystalline Silica means quartz, cristobalite, and/or tridymite contained in airborne particles that are determined to be respirable by a sampling device designed to meet the characteristics for respirable-particle-size-selective samplers specified in the International Organization for Standardization (ISO) 7708:1995: Air Quality -Particle Size Fraction Definitions for Health-Related Sampling.

Specialist means an American Board Certified Specialist in Pulmonary Disease or an American Board Certified Specialist in Occupational Medicine.

This Section means this respirable crystalline silica standard, Section 1532.3.

(c) Specified exposure control methods. (1) 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, unless the employer assesses and limits the exposure of the employee to respirable crystalline silica in accordance with subsection (d).

Table 1 – Specified Exposure Control Methods When Working With Materials Containing Crystalline Silica

Engineering and work practice control methods

Use saw equipped with integrated water delivery system that

continuously feeds water to the blade

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

(ii) Handheld power saws (any blade

Use saw equipped with integrated water delivery system that

continuously feeds water to the blade

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions:

-When used indoors or in an enclosed area

(iii) Handheld power saws for cutting

For tasks performed outdoors only: Use saw equipped with

commercially available dust collection system

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

Dust collector must provide the air flow recommended by the tool

manufacturer, or greater, and have a filter with 99% or greater

Use saw equipped with integrated water delivery system that

continuously feeds water to the blade

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions:

-When used indoors or in an enclosed area

Use saw equipped with integrated water delivery system that

continuously feeds water to the blade

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

(vi) Rig-mounted core saws or drills

Use tool equipped with integrated water delivery system that

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

Use drill equipped with commercially available shroud or cowling

drills (including impact and rotary

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

Dust collector must provide the air flow recommended by the tool

manufacturer, or greater, and have a filter with 99% or greater

efficiency and a filter-cleaning mechanism

Use a HEPA-filtered vacuum when cleaning holes

(viii) Dowel drilling rigs for concrete

Use shroud around drill bit with a dust collection system. Dust

collector must have a filter with 99% or greater efficiency and a

Use a HEPA-filtered vacuum when cleaning holes

(ix) Vehicle-mounted drilling rigs for

Use dust collection system with close capture hood or shroud around

drill bit with a low-flow water spray to wet the dust at the discharge

Operate from within an enclosed cab and use water for dust

Use tool with water delivery system that supplies a continuous stream

or spray of water at the point of impact:

-When used indoors or in an enclosed area

Use tool equipped with commercially available shroud and dust

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

Dust collector must provide the air flow recommended by the tool

manufacturer, or greater, and have a filter with 99% or greater

efficiency and a filter-cleaning mechanism:

-When used indoors or in an enclosed area

Use grinder equipped with commercially available shroud and dust

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

Dust collector must provide 25 cubic feet per minute (cfm) or greater

of airflow per inch of wheel diameter and have a filter with 99% or

greater efficiency and a cyclonic pre-separator or filter-cleaning

For tasks performed outdoors only: Use grinder equipped with

integrated water delivery system that continuously feeds

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

Use grinder equipped with commercially available shroud and dust

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

Dust collector must provide 25 cubic feet per minute (cfm) or greater

of airflow per inch of wheel diameter and have a filter with 99% or

greater efficiency and a cyclonic pre-separator or

-When used indoors or in an enclosed area

(xiii) Walk-behind milling machines

Use machine equipped with integrated water delivery system that

continuously feeds water to the cutting surface

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

Use machine equipped with dust collection system recommended by

Operate and maintain tool in accordance with manufacturers

instructions to minimize dust emissions

Dust collector must provide the air flow recommended by the

manufacturer, or greater, and have a filter with 99% or greater

efficiency and a filter-cleaning mechanism

When used indoors or in an enclosed area, use a HEPA-filtered

vacuum to remove loose dust in between passes

Use a machine equipped with supplemental water sprays designed to

suppress dust. Water must be combined with a surfactant

Operate and maintain machine to minimize dust emissions

(xv) Large drivable milling machines

For cuts of any depth on asphalt only: Use machine equipped with

exhaust ventilation on drum enclosure and supplemental water sprays

Operate and maintain machine to minimize dust emissions

For cuts of four inches in depth or less on any substrate:

Use machine equipped with exhaust ventilation on drum enclosure

and supplemental water sprays designed to suppress dust

Operate and maintain machine to minimize dust emissions

Use a machine equipped with supplemental water spray designed to

suppress dust. Water must be combined with a surfactant

Operate and maintain machine to minimize dust emissions

Use equipment designed to deliver water spray or mist for dust

suppression at crusher and other points where dust is generated (

hoppers, conveyers, sieves/sizing or vibrating components, and

Operate and maintain machine in accordance with manufacturers

instructions to minimize dust emissions

Use a ventilated booth that provides fresh, climate-controlled air to

the operator, or a remote control station

Operate equipment from within an enclosed cab When employees

outside of the cab are engaged in the task, apply water and/or

fracture silica-containing materials

dust suppressants as necessary to minimize dust emissions

or used during demolition activities

(xviii) Heavy equipment and utility

Apply water and/or dust suppressants as necessary to minimize dust

Demolishing, abrading, or fracturing

When the equipment operator is the only employee engaged in the

task, operate equipment from within an enclosed cab

(2) When implementing the control measures specified in Table 1, each employer shall:

(A) For tasks performed indoors or in enclosed areas, provide a means of exhaust as needed to minimize the accumulation of visible airborne dust;

(B) For tasks performed using wet methods, apply water at flow rates sufficient to minimize release of visible dust;

(C) For measures implemented that include an enclosed cab or booth, ensure that the enclosed cab or booth:

1. Is maintained as free as practicable from settled dust;

2. Has door seals and closing mechanisms that work properly;

3. Has gaskets and seals that are in good condition and working properly;

4. Is under positive pressure maintained through continuous delivery of fresh air;

5. Has intake air that is filtered through a filter that is 95% efficient in the 0.3-10.0 m range (

6. Has heating and cooling capabilities.

(3) Where an employee performs more than one task on Table 1 during the course of a shift, and the total duration of all tasks combined is more than four hours, the required respiratory protection for each task is the respiratory protection specified for more than four hours per shift. If the total duration of all tasks on Table 1 combined is less than four hours, the required respiratory protection for each task is the respiratory protection specified for less than four hours per shift.

(d) Alternative exposure control methods. For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1:

(1) Permissible exposure limit (PEL). The employer shall ensure that no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 g/m

(A) General. The employer shall assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in subsection (d)(2)(B) or the scheduled monitoring option in subsection (d)(2)(C.

(B) Performance option. The employer shall assess the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica.

1. The employer shall perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area.

Where several employees perform the same tasks on the same shift and in the same work area, the employer may sample a representative fraction of these employees in order to meet this requirement. In representative sampling, the employer shall sample the employee(s) who are expected to have the highest exposure to respirable crystalline silica.

2. If initial monitoring indicates that employee exposures are below the action level, the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring.

3. Where the most recent exposure monitoring indicates that employee exposures are at or above the action level but at or below the PEL, the employer shall repeat such monitoring within six months of the most recent monitoring.

4. Where the most recent exposure monitoring indicates that employee exposures are above the PEL, the employer shall repeat such monitoring within three months of the most recent monitoring.

5. Where the most recent (non-initial) exposure monitoring indicates that employee exposures are below the action level, the employer shall repeat such monitoring within six months of the most recent monitoring until two consecutive measurements, taken seven or more days apart, are below the action level, at which time the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring, except as otherwise provided in subsection (d)(2)(D).

(D) Reassessment of exposures. The employer shall reassess exposures whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional exposures at or above the action level, or when the employer has any reason to believe that new or additional exposures at or above the action level have occurred.

(E) Methods of sample analysis. The employer shall ensure that all samples taken to satisfy the monitoring requirements of subsection (d)(2) are evaluated by a laboratory that analyzes air samples for respirable crystalline silica in accordance with the procedures in Appendix A to this section.

(F) Employee notification of assessment results.

1. Within five working days after completing an exposure assessment in accordance with subsection (d)(2), the employer shall individually notify each affected employee in writing of the results of that assessment or post the results in an appropriate location accessible to all affected employees.

2. Whenever an exposure assessment indicates that employee exposure is above the PEL, the employer shall describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL.

1. Where air monitoring is performed to comply with the requirements of this section, the employer shall provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to respirable crystalline silica.

2. When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required for any workplace hazard, the employer shall provide the observer with protective clothing and equipment at no cost and shall ensure that the observer uses such clothing and equipment.

(A) Engineering and work practice controls. The employer shall use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible.

Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall nonetheless use them to reduce employee exposure to the lowest feasible level and shall supplement them with the use of respiratory protection that complies with the requirements of subsection (e).

(B) Abrasive blasting. In addition to the requirements of subsection (d)(3)(A), the employer shall comply with other Title 8 standards, when applicable, such as section 1530 (Ventilation), where abrasive blasting is conducted using crystalline silica-containing blasting agents, or where abrasive blasting is conducted on substrates that contain crystalline silica.

(1) General. Where respiratory protection is required by this section, the employer must provide each employee an appropriate respirator that complies with the requirements of this subsection and Section 5144. Respiratory protection is required:

(A) Where specified by Table 1 of subsection (c); or

(B) For tasks not listed in Table 1, or where the employer does not fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1:

1. Where exposures exceed the PEL during periods necessary to install or implement feasible engineering and work practice controls;

2. Where exposures exceed the PEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible; and

3. During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL.

(2) Respiratory protection program. Where respirator use is required by this section, the employer shall institute a respiratory protection program in accordance with Section 5144.

(3) Specified exposure control methods. For the tasks listed in Table 1 in subsection (c), if the employer fully and properly implements the engineering controls, work practices, and respiratory protection described in Table 1, the employer shall be considered to be in compliance with subsection (e)(1) and the requirements for selection of respirators in Section 5144(d)(1)(C) and (d)(3) with regard to exposure to respirable crystalline silica.

(1) The employer shall not allow dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica unless wet sweeping, HEPA-filtered vacuuming or other methods that minimize the likelihood of exposure are not feasible.

(2) The employer shall not allow compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica unless:

(A) The compressed air is used in conjunction with a ventilation system that effectively captures the dust cloud created by the compressed air; or

(B) No alternative method is feasible.

(1) The employer shall establish and implement a written exposure control plan that contains at least the following elements:

(A) A description of the tasks in the workplace that involve exposure to respirable crystalline silica;

(B) A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task;

(C) A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica; and

(D) A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors.

(2) The employer shall review and evaluate the effectiveness of the written exposure control plan at least annually and update it as necessary.

(3) The employer shall make the written exposure control plan readily available for examination and copying, upon request, to each employee covered by this section, their designated representatives, the Chief and the Director.

(4) The employer shall designate a competent person to make frequent and regular inspections of job sites, materials, and equipment to implement the written exposure control plan.

(A) 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.

(B) The employer shall ensure that all medical examinations and procedures required by this section are performed by a PLHCP as defined in subsection (b).

(2) Initial examination. The employer shall make available an initial (baseline) medical examination within 30 days after initial assignment, unless the employee has received a medical examination that meets the requirements of this section within the last three years. The examination shall consist of:

(A) A medical and work history, with emphasis on: Past, present, and anticipated exposure to respirable crystalline silica, dust, and other agents affecting the respiratory system; any history of respiratory system dysfunction, including signs and symptoms of respiratory disease (e.g., shortness of breath, cough, wheezing); history of tuberculosis; and smoking status and history;

(B) A physical examination with special emphasis on the respiratory system;

(C) A chest X-ray (a single posteroanterior radiographic projection or radiograph of the chest at full inspiration recorded on either film (no less than 14 x 17 inches and no more than 16 x 17 inches) or digital radiography systems), interpreted and classified according to the International Labour Office (ILO) International Classification of Radiographs of Pneumoconioses by a NIOSH-certified B Reader;

(D) A pulmonary function test to include forced vital capacity (FVC) and forced expiratory volume in one second (FEV

/FVC ratio, administered by a spirometry technician with a current certificate from a NIOSH-approved spirometry course;

(E) Testing for latent tuberculosis infection; and

(F) Any other tests deemed appropriate by the PLHCP.

(3) Periodic examinations. The employer shall make available medical examinations that include the procedures described in subsection (h)(2) (except subsection (h)(2)(E)) at least every three years, or more frequently if recommended by the PLHCP.

(4) Information provided to the PLHCP. The employer shall ensure that the examining PLHCP has a copy of this standard, and shall provide the PLHCP with the following information:

(A) A description of the employees former, current, and anticipated duties as they relate to the employees occupational exposure to respirable crystalline silica;

(B) The employees former, current, and anticipated levels of occupational exposure to respirable crystalline silica;

(C) A description of any personal protective equipment used or to be used by the employee, including when and for how long the employee has used or will use that equipment; and

(D) Information from records of employment-related medical examinations previously provided to the employee and currently within the control of the employer.

(5) PLHCPs written medical report for the employee. The employer shall ensure that the PLHCP explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of each medical examination performed. The written report shall contain:

(A) A statement indicating the results of the medical examination, including any medical condition(s) that would place the employee at increased risk of material impairment to health from exposure to respirable crystalline silica and any medical conditions that require further evaluation or treatment;

(B) Any recommended limitations on the employees use of respirators;

(C) Any recommended limitations on the employees exposure to respirable crystalline silica; and

(D) A statement that the employee should be examined by a specialist (pursuant to subsection (h)(7)) if the chest X-ray provided in accordance with this section is classified as 1/0 or higher by the B Reader, or if referral to a specialist is otherwise deemed appropriate by the PLHCP.

(6) PLHCPs written medical opinion for the employer.

(A) The employer shall obtain a written medical opinion from the PLHCP within 30 days of the medical examination. The written opinion shall contain only the following:

2. A statement that the examination has met the requirements of this section; and

3. Any recommended limitations on the employees use of respirators.

(B) If the employee provides written authorization, the written opinion shall also contain either or both of the following:

1. Any recommended limitations on the employees exposure to respirable crystalline silica;

2. A statement that the employee should be examined by a specialist (pursuant to subsection (h)(7)) if the chest X-ray provided in accordance with this section is classified as 1/0 or higher by the B Reader, or if referral to a specialist is otherwise deemed appropriate by the PLHCP.

(C) The employer shall ensure that each employee receives a copy of the written medical opinion described in subsection (h)(6)(A) and (B) within 30 days of each medical examination performed.

(A) If the PLHCPs written medical opinion indicates that an employee should be examined by a specialist, the employer shall make available a medical examination by a specialist within 30 days after receiving the PLHCPs written opinion.

(B) The employer shall ensure that the examining specialist is provided with all of the information that the employer is obligated to provide to the PLHCP in accordance with subsection (h)(4).

(C) The employer shall ensure that the specialist explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of the examination. The written report shall meet the requirements of subsection (h)(5) (except subsection (h)(5)(D)).

(D) The employer shall obtain a written opinion from the specialist within 30 days of the medical examination. The written opinion shall meet the requirements of subsection (h)(6) (except subsection (h)(6)(A)2. and (B)2.).

(i) Communication of respirable crystalline silica hazards to employees.

(1) Hazard communication. The employer shall include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (Section 5194).

The employer shall ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and subsection (i)(2). The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects.

(2) Employee information and training.

(A) The employer shall ensure that each employee covered by this section can demonstrate knowledge and understanding of at least the following:

1. The health hazards associated with exposure to respirable crystalline silica;

2. Specific tasks in the workplace that could result in exposure to respirable crystalline silica;

3. Specific measures the employer has implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used;

5. The identity of the competent person designated by the employer in accordance with subsection (g)(4); and

6. The purpose and a description of the medical surveillance program required by subsection (h).

(B) The employer shall make a copy of this section readily available without cost to each employee covered by this section.

(A) The employer shall make and maintain an accurate record of all exposure measurements taken to assess employee exposure to respirable crystalline silica, as prescribed in subsection (d)(2).

(B) This record shall include at least the following information:

1. The date of measurement for each sample taken;

3. Sampling and analytical methods used;

4. Number, duration, and results of samples taken;

5. Identity of the laboratory that performed the analysis;

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