Worker's Memorial Day, Honoring Those Who Died On The Job. What About Those Who Died Because of Their Job?

Worker’s Memorial Day is dedicated to those who lost their lives on the job. Every year, on April 28, people across the country and around the world pay their respects to the thousands killed each year on the job and the millions more who suffer serious occupational injuries and illnesses on the job and recognize the impact these tragic losses have on families, co-workers, and communities.  According to Wikipedia, in 1989 the AFL-CIO declared April 28 Worker's Memorial Day.  April 28 is the day the Occupational Safety and Health Act of 1970, went into effect and the day the Occupational Safety and Health Administration (OSHA) was formed in 1971.  In 1991, the Canadian parliament passed an Act respecting a National Day of Mourning for persons killed or injured in the workplace, making April 28 an official Workers' Mourning Day.  In 2001 the International Labour Organization (ILO), part of the United Nations (UN), recognized Workers' Memorial Day and declared it World Day for Safety and Health at Work, and in 2002 the ILO announced that April 28 should be an official day in the UN system.

According to ADAO, over 10,000 people are dying from asbestos exposure each year! 

As we see all the events held and all the statements made this day one theme seems to repeat over and over, workplace injuries and illnesses remain unacceptably high, especially the ones that happen now!  Every theme is to reduce injuries, but very few if any mention the biggest killer occupational disease.  The Center for Construction Research and Training (CPWR) is one of the few organizations that even discusses occupational disease.  But don't look for asbestos exposure on that website, for example, the construction worker exposure control database that they manage only lists silica, noise, welding fumes, and lead.  What about asbestos, mercury, or polychlorinated biphenyls?  But you can find oodles of information on falls.  Let's look at OSHA and how they handle occupational diseases.  They are the prime regulatory agency for occupational diseases.  Secretary of Labor Marty Walsh, OSHA is one of the agencies under the Department of Labor, yesterday issued a statement on Workers Memorial Day it is much longer than the following excerpt, but this statement and what it, and the whole statement, is lacking makes my point:

 “In the past year, nearly 5,000 workers left home for work and did not return. None knew that going to work would cost them their lives. While each life lost is a tragedy, those taken in incidents that might have been prevented – had their employers followed required safety and health standards – are especially painful for their families, their co-workers and friends, and their communities."

No recognition for workers who died from their job, but died after they were no longer working, though in Secretary of Labor Marty Walsh's video presentation he mentions his father being exposed to asbestos and having lung problems. Even in the Department of Labor's video on the Worker Memorial Day Program, only Assistant Secretary for Labor Chris Williamson the director of the Mine Safety and Health Administration (MSHA) even mentions occupational diseases when he mentions silica. 

While in the United Kingdom (UK) a new permanent memorial commemorating the lives of all the people who died as a result of exposure to asbestos has been unveiled in Barking and Dagenham at a special remembrance ceremony yesterday on International Workers Memorial Day.  The AFL-CIO annually releases a report "Death on the Job: The Toll of Neglect" that details the current state of safety and health protections for America’s workers. The 31st edition of the report states:

"Workplace hazards kill and disable approximately 125,000 workers each year—4,764 from traumatic injuries, and an estimated 120,000 from occupational diseases. Job injury and illness numbers continue to be severe undercounts of the real problem."

This report indicates that occupational diseases are 24 times more likely to occur than traumatic injuries!  Realize we are not saying safety is not important, but considering asbestos, silica, and welding fume exposures are still going on, just to name a few what is being done for these workers!  On May 2-6, 2022 OSHA will sponsor a National Safety Stand-Down to Prevent Falls in Construction.  Fatalities caused by falls from elevation continue to be a leading cause of death for construction employees, accounting for 351 of the 1,008 construction fatalities recorded in 2020 (BLS data).  If occupational diseases are typically 24 times more likely, then we would argue that falls are not the leading cause of death in construction.  Why is there no stand-down day for these occupational diseases?  Except for heat illness or noise, there are no stand-down days for the rest of the occupational diseases.  According to  OSHA's statistics, from October 2020 to September 2021 OSHA performed 15 inspections related to the construction asbestos standard (1926.1101) for 80 citations while for the same period OSHA performed 5,325 inspections with 5,463 citations for the duty to have fall protection in the construction industry (1926.501).   

Linda Reinstein of ADAO and Angelo Garcia, III of FED at the PACNY Environmental Conference

There is one bright cloud regarding recognizing those workers who die related to asbestos exposure but because they died after their retirement.  The Asbestos Disease Awareness Organization (ADAO) is the largest independent asbestos victims’ organization in the United States. Founded in 2004 to give asbestos victims and concerned citizens a united voice, to raise public awareness about the dangers of asbestos exposure, and to work towards a global asbestos ban.  The ADAO sponsors an annual International Conference on Asbestos Awareness and Prevention, and has annually (this year is the 17th) lobbied the U.S. Senate to pass a resolution to designate April 1- 7 as "National Asbestos Awareness Week", which coincides with "Global Asbestos Awareness Week".  Linda Reinstein is one of the founding members of ADAO and has told her story regarding Alan's, her husband, exposure to asbestos.  It's these stories that don't make it into the injury and illness statistics.  These stories are the ones that are being left out on Worker's Memorial Day and we must do better!

 

OSHA Fines Increase - Silica Rule Enforcement Ramps Up

On January 2, 2018, the Occupational Safety and Health Administration (OSHA) has increased the maximum civil penalties (fines) for serious, other-than-serious, and posting requirements to $12,934, from $12,471.  Failure to Abate violations have increased to $12,934 per day beyond the abatement date from $12,471 and Willful/Repeat violations have increased to $129,336 from $124,709.  These civil penalty increases were mandated by Congress, on November 2, 2015, through legislation that required all federal agencies to adjust their civil penalties to account for inflation.  OSHA increased their penalties on August 1, 2016, the link to our previous blog post discussing that increase is below.  Moving forward, as the legislation requires, the penalties will be adjusted each year based on the Consumer Price index.  OSHA will continue to do penalty reductions based on the size of the employer and other factors.

Properly Using Table 1 Will Avoid a Violation

According to April 24, 2018, article by Bloomberg Environment, OSHA and state programs have cited the silica rule 116 times since September 23, 2017.  With OSHA ramping up enforcement of the respirable crystalline silica rule (1926.1153) incorrectly following Table 1 procedures (cited 27% of the time), and not measuring worker exposures (cited 30% of the time), can result in a serious violation at the cost of $12,934 each.  Not training workers about silica or not having a silica exposure plan may result in other-than-serious violations that could cost $12,934 each.

Using this Equipment, we can Measure Silica Exposures

OSHA's website discussing the increase in civil penalties can be found here.  While the OSHA website discussing the silica rule requirements can be found here.

Related articles

• OSHA Fines Increase By 78%, Will That Lead To An Increase in Safety Consulting & Training?(futureenv.blogspot.com)

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• OSHA's Silica Standard - What's All The Fuss About? Part One(futureenv.blogspot.com)

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• New NIOSH Study Supports the OSHA Annual Fit Testing Requirements for Filtering Facepiece Respirators(blogs.cdc.gov)

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OSHA's Silica Standard - What's All The Fuss About? Part Two

In our previous post, we discussed that as long as you were performing tasks that were listed in Table 1 of the Occupational Safety and Health Administration (OSHA) Respirable Crystalline Silica 1926.1153 standard we didn't see what all the fuss was about.  Even if some tasks required a respirator some of those tasks would allow you to use an administrative control (have the worker do the task for 4 hours or less) to eliminate the respirator requirement.  The fuss is all about those tasks that do not eliminate respirator usage (i.e, Task (x) Jackhammers and handheld powered chipping tools with a water delivery system at the point of impact, used indoors or in an enclosed area) in Table 1 or a task not listed in Table 1.  We already discussed the requirements, if Table 1 requires a respirator in Part One of this blog.  So the question is what is required if your task is not listed in Table 1 or you can't fully & properly implement the engineering controls, work practices, and respiratory protection described in Table 1?  Well that's a long story and that's what all the fuss is all about!

Mr. Peter Delucia's Silica Presentation at the PACNY Conference

Before we get into this long story, we would like to thank Mr. Peter Delucia, of AAC Contracting, for his assistance in helping us write this blog post.  Mr. Delucia's presentation at the Professional Abatement Contractors of New York (PACNY) 22nd Annual Environmental Conference was jam packed with examples, references, and information out in the internet to assist employers wanting to comply with this standard.  Much of that information helped us write this post.

If you can't use Table 1 (the above video would be a Table 1 activity), then you have to use an alternative exposure control method (d).  Which first requires that no employee be exposed to an airborne concentration of respirable crystalline silica ( silica) in excess of 50 micrograms per cubic meter (ug/m3), calculated as an 8-hour Time Weighted Average (TWA).  Second employers must perform an exposure assessment (d)(2)(i) for each employee who is or may reasonably be expected to be exposed to silica at or above the action level (25 ug/m3).  Here you have two choices either the performance option (d)(2)(ii) or scheduled monitoring option (d)(2)(iii).  The performance option allows combination of air monitoring or objective data that is sufficient to accurately characterize employee exposures to silica. The performance option can be almost like Table 1 in that the employer can use objective data that is created by others to determine employee exposures to silica.  Some manufacturers are creating objective data for their tools (i.e., Milwaukee Tool, which has some objective data information for some of their tools and shrouds).  You can use these by just following the instructions on the objective data and making sure you meet the conditions listed in objective data.  The second choice is to perform initial monitoring (scheduled monitoring) to assess the 8-hour TWA exposures 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.  Which means you need to have the personal air sampling equipment and a laboratory for analysis of your air samples.  This is a little complicated and because most people are unfamiliar with how to do personal air sampling, this can be quite intimidating!

However, with the proper training (we do a respirable crystalline silica competent person course) and a good laboratory to support your efforts the competent person could perform the sampling necessary to meet the OSHA requirements.  There is some basic equipment that is needed to do sampling (as you can see from the video above).  One of the most important pieces is the personal air sampling pump.  These pumps are portable and are usually worn on the waist of the person you want to determine their exposure.  There are quite a few manufacturers of these pumps (Sensidyne, maker of Gillian sample pumps & SKC, maker of Universal sample pumps, etc.).  You want these pumps to be durable and be able to handle a drop here and there.  Purchasing these pumps is not a bad idea but before you consider doing that we need to remind you that these pumps need to be calibrated against a primary standard at least every three months.  Primary standards are not cheap (Buck Calibrator & Gilibrator, etc).  So unfortunately, its not that easy to buy the pumps and use them.  If you don't intend on using these pumps regularly a better choice would be to rent the pumps from a laboratory.  Then have the laboratory maintain and calibrate the pumps when they send them to you.  This also allows for billing the equipment to specific projects.  There are quite a few labs that can help you in that way (SGS Galson & EMSL, etc.).  This way you can tell them what you are sampling and they will send you the equipment and sampling media you need for doing the sampling and incorporate the analysis price for the whole exposure assessment.  They will also send you instructions on using the equipment properly, sample & chain of custody forms for doing the sampling, as needed. The samplers for silica are pictured below and you will want to use either one of these samplers.  The standard then goes into how often you will need to do scheduled monitoring based on the results, employee notification of results, and observation of monitoring results.

Personal Pump with PPI sampler for silica

Breathing zone sampling with aluminum cyclone sampler for silica

Once you have determined which method you are using (Exposure Assessments, or Scheduled monitoring), the employer must have a written exposure control plan.  The plan must cover the tasks in the workplace; a description of engineering controls, work practices, and respiratory protection used to limit exposure; housekeeping measures used to limit exposure; and procedures to restrict access.  The employer must update the plan at least annually and designate a competent person to make frequent and regular inspections of job sites, materials, & equipment to implement the plan.   The final step is to train the workers and the competent person on the exposure control plan so everyone understands and knows what is required under the plan.  Again, we have added a number of courses to our schedule or contact us here if you need us to work with you in developing your exposure control plan or exposure monitoring plan to help you keep your employees safe!

Related articles

• OSHA's Silica Standard - What's All The Fuss About? Part One(futureenv.blogspot.com)

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• Hierarchy of Control podcast(safetyatworkblog.com)

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• OSHA Fines Increase By 78%, Will That Lead To An Increase in Safety Consulting & Training?(futureenv.blogspot.com)

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OSHA's Silica Standard - What's All The Fuss About? Part One

Happy New Year!  May your New Year be healthy, profitable, & peaceful!  This blog post we will talk about the silica regulation and what the fuss is all about.  We've heard from some of our clients that they are concerned that the regulation is like the asbestos regulation.  Well in reality the regulation is more like the lead regulation than the asbestos regulation.  The big drop in the permissible exposure limit makes it similar to the asbestos regulation in that visible dust exposures may result in violations, but that's where it ends for similarity.  Table 1 of the silica standard is similar to the 1926.62 (d) (2) of the lead standard which is Protection of Employees During Assessment of Exposure.  Where based on a certain task (i.e., scrapping lead paint) the employer must comply with all parts of the standard, including the use of respirators.  Table 1 in a sense has a similar requirements.

Spraying Water to Keep Dust Levels Down Will Become Common Place

The Occupational Safety and Health Administration (OSHA) released the final rule for respirable crystalline silica 1926.1153 on March 25, 2016 with compliance dates more than one year past the publication date.  Giving the various industries regulated by the standard plenty of time to comply.  In fact, the construction industry was the first industry required to comply by June 23, 2017, however, the current administration delayed the standard until September 23, 2017 giving the construction industry additional time to comply.  In addition, OSHA's silica website is quite robust with guidance documents in helping the industry comply.  With all this time to comply, including challenges to the standard that the courts eliminated, and equipment manufacturers having time to review Table 1 of the standard, complying with the standard is pretty straightforward if you are performing any of 18 tasks in Table 1.

Table 1 tasks involve exposures to respirable crystalline silica when the following tools are used on concrete, brick, block, stone, mortar, and other materials that contain crystalline silica:

• Stationary masonry saws;
• Handheld power saws;
• Handheld power saws for cutting fiber-cement board;
• Walk-behind saws;
• Drivable saws;
• Rig-mounted core saws or drills;
• Handheld and stand-mounted drills (including impact and rotary hammer drills);
• Dowel drilling rigs;
• Vehicle-mounted drilling rigs;
• Jackhammers and handheld powered chipping tools;
• Handheld grinders for mortar removal (i.e., tuckpointing);
• Handheld grinders for uses other than mortar removal;
• Walk-behind milling machines and floor grinders;
• Small drivable milling machines;
• Large drivable milling machines;
• Crushing machines; and
• Heavy equipment and utility vehicles when used to abrade or fracture silica containing materials (i.e., hoe-ramming or rock ripping) or used during demolition activities; and 
• Heavy equipment and utility vehicles when used for tasks such as grading and excavating.

Doing tasks in this manner, we hope will be a thing of the past!

If your work involves Table 1 tasks then determine how long your workers do those tasks and follow the requirements.  If the requirements require a respirator then you may want to reduce the time period a worker does a task so a respirator is not required.  This would be considered an administrative control under hierarchy of controls and perfectly acceptable.  Once you have determined the tasks, the controls, and time periods, the next step is to write your exposure control plan.  The exposure control plan details the tasks, controls, and time periods/respirator requirements and designating a competent person to ensure the exposure control plan is enforced.  The final step is to train the workers and the competent person on the exposure control plan so everyone understands and knows what is required under the plan.

Wearing A Respirator, Adds Significant Costs for Silica Projects

If your exposure control plan requires respirator, then you must meet the requirements of the respirator standard 1910.134, see our blog post regarding the directive which tells you how this standard would be enforced.  This standard would require a medical evaluation of workers to ensure they can wear a respirator, annual respirator fit testing, and annual training on the use of the respirator.  Respirator standard would also require a written program and the designation of a competent person to administer the written program.  In addition, the silica standard would require you provide a medical exam, specifically for silica, if workers use respirators for 30 days or more in a calendar year.  This medical would be required every 3 years.  The medical must include:

•  medical & work history; 
• chest x-ray;
• pulmonary function test; 
• physical exam focused on the respiratory system; and
• testing for latent tuberculosis infection.  

After all of the above, the final steps in compliance is maintaining the records, in accordance with 1910.1020, and updating the plans on an annual basis.  1910.1020 standard requires that exposure records be maintained for 30 years from the date of creation and medical records be maintained for duration of employment plus 30 years. 

More Projects Will Look Something Like This

Based on the above information, we think it is pretty obvious that you want to eliminate tasks that involve the use of respirators or reduce the amount time a worker does a task that might require a respirator.  Doing so eliminates the need for the silica medical exam and all the requirements under the respirator standard.  The long term costs involved with meeting the requirements for using a respirator (silica medical exam & respirator standard requirements), we think would outweigh the cost of improving equipment used by workers to meet the requirements of Table 1 for each of the tasks.  We have added some silica courses to our schedule to help you comply with the new standard.  Visit our website for more information.  Happy New Year and Be Safe!  

Related articles

• Silicosis Update(blogs.cdc.gov)

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• PACNY's Environmental Conference - The NYSDOL Round Table - Day Three and So It Ends!(futureenv.blogspot.com)

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• New NIOSH Study Supports the OSHA Annual Fit Testing Requirements for Filtering Facepiece Respirators(blogs.cdc.gov)

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• Its Been 15 Years Since 9/11. What Have We Learned?(futureenv.blogspot.si)

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Just Over A Week Away - 20th Annual PACNY Environmental Conference

Just about 9 days away is the premier environmental conference for New York State.  The Professional Abatement Contractors of New York's (PACNY's) 20th Annual Environmental Conference is being held at the Turning Stone Casino in Verona, New York from Wednesday, February 24 to Friday, February 26, 2016.  The conference seems to get bigger and bigger each year. Attendees come from all over New York State and even from adjacent States.  Register here for the conference.  For more information about the conference visit PACNY's website.  See the promo video here.

PACNY convention at Turning Stone Casino from Tisa Zito- Old Soul Productions on Vimeo.

This year's conference should be another good one since it is the first conference since Article 32 New York State's (NYS's) Mold Law is in effect.  We are looking forward to Dr. Eileen Franko's presentation on New York State Department of Labor's (NYSDOL) update on the Mold Training on Wednesday and her leading the NYSDOL's panelists on Friday.  For those of you who don't know NYSDOL is charged with enforcing the new NYS Mold Law and has been enforcing NYS's asbestos regulations (Industrial Code Rule 56).  Joining Dr. Franko on Wednesday, will be other training regulators like Mr. Kevin Malone of NYS Department of Health (NYSDOH) updating us on asbestos training, Ms. Theresa Bourbon of Environmental Protection Agency (EPA) updating us on the Lead Renovator, Remodeling, & Painting (RRP) training, and Mr. Doug Miller from the Occupational Safety and Health Administration (OSHA) Outreach Education Center updating us on OSHA education updates.

Thursday's technical session will include presentations on Vermiculite & Zonolite by Mr. Ed Cottingham of the Zonolite Trust Fund and Mr. Bryan Bandhi of RJ Lee Group; Silica presentations from Mr. Jeffrey Prebish of OSHA, Dr. Michael Lax MD, and Mr. Jim Sorel CIH; Polychlorinated Biphenyls (PCBs) from Dr. Daniel Leftkowitz; and Asbestos presentations from Ed Cahill of EMSL and Tom Laubenthal.  After the presentations, there will be the usual cocktail & networking party in the vendor hall.  Visit Future Environment Design's (FED's) booth and meet Ms. Kimberly Granmoe and Ms. Sheryl Esposito, who will be giving out glove-guard gifts to all those who sign up for our Safety Suzy Monthly Newsletter along with a chance to win a $50 Amazon gift card.

Friday's session begins with Mr. Bob Krell of  IAQ Tech and Mr. Angelo Garcia, III of FED discussing the NYS Mold Training.  Then finishes with the NYSDOL panel discussion hosted by Dr. Eileen Franko, including Mr. James Meacham PE, and Kirk Fisher.  It should be quite an informative conference.  Hope to see you there!

Related articles

• Happy New Year! 2016 Brings New Regulations Merging With Annual Deadlines!(futureenv.blogspot.com)

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• NYSDOL Roundtable Highlight of PACNY Environmental Conference(futureenv.blogspot.com)

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Worker Exposure to Silica Significant During Hydraulic Fracturing

Silicosis (Photo credit: Mr. Ducke)

Just read the National Institute of Occupational Safety and Health's (NIOSH's) blog regarding "Worker Exposure to Crystalline Silica during Hydraulic Fracturing".  Obviously, environmental concerns regarding this type of work are being fought in New York on what seems likely a daily or weekly basis.  Usually the arguement for hydraulic fracturing is, job creation and of course energy independence.  However, it is interesting how worker safety is rarely discussed when we talk about hydraulic fracturing.  This study done by NIOSH and discussed on their blog obviously discusses the need to ensure that workers are protected from being overexposed to respirable crystalline silica dust.  Overexposure to respirable crystalline silica dust can lead to the development of the uncurable respiratory disease silicosis, in addition to other diseases.    The typical view that filtering facepiece and half-mask respirators could protect the workers, according to the blog is not sufficient to protect the workers.  Meaning engineering, work practice controls, and administrative controls need to be implemented, making the process more complicated.
Since New York State Department of Environmental Conservation (NYS DEC) is working on drafting regulations for hydraulic fracturing, we hope they also take into account what is needed to protect worker safety on these sites as well as what is needed to protect the environment.

Related articles

• Silica dust poses newly revealed health risks from fracking (switchboard.nrdc.org)
• Hydraulic Fracturing (environmentalhealthtoday.wordpress.com)
• Cool Job: Workers pleased to be part of area's hydraulic fracturing boom (newsok.com)
• Vermont bans hydraulic fracturing (newdayunderwriting.wordpress.com)
• What is Hydraulic Fracturing? (ecology.com)
• Bureau of Land Management proposing rule to regulate hydraulic fracturing on public land (bespacific.com)
• Long-term exposure to silica dust increases risk of death in industrial workers (eurekalert.org)
• More effort needed to prevent exposure to silica hazards as silicosis remains a major cause of illness, death worldwide (medicalxpress.com)