Proposed Silica Standard Needs to Be Strengthened

Image: Mike HallWhile the AFL-CIO “strongly supports” a proposed new rule that would limit workers’ exposure to silica dust, AFL-CIO Safety and Health Director Peg Seminario outlined several areas that should be strengthened to provide better worker protection from deadly silicosis and other diseases caused by silica exposure.

Testifying before an Occupational Safety and Health Administration (OSHA) hearing, Seminario noted that changes to the current exposure standard—now more than 40 years old—were first proposed in 1997 and that when the proposed new standard was sent for review to the Office of Management and Budget in 1991, it lingered there for two-and-a-half years.

Every day that a final standard is delayed, workers will continue to be at increased risk of disease and death.

Every year some 2 million workers are exposed to silica dust and, according to public health experts, more than 7,000 workers develop silicosis and 200 die each year as a result of this disabling lung disease. Silicosis literally suffocates workers to death. Silica is also linked to deaths from lung cancer, pulmonary and kidney diseases.

Seminario said that permissible exposure limit in the proposed standard while set at half the current level is still too high. She urged that a stricter standard be included in the final and said that other provisions in the standard should be strengthened, including:

  • Establishing regulated work areas to limit the number of workers on the job who are exposed to silica dust;
  • Requiring that the primary method to control silica dust is through engineering and work practice controls rather than through respiratory control—i.e., masks;
  • Requiring employers create a written compliance/exposure control plan; and
  • A stronger standard to trigger medical surveillance of workers exposed to silica.

Other areas she addressed included protecting the confidentiality of workers’ medical records, preventing employer retaliation against workers who seek medical care for exposure to silica and better training and information for workers.

The hearings continue next week and workplace safety and health experts from other unions, along with workers who have developed silica-related illnesses, will appear during the course of the hearings. But a number of employer groups in such industries as sand and gravel, brick, fracking where silica dust is prevalent, the U.S. Chamber of Commerce and other corporate groups have or will testify against the proposed rule during the 14 days of hearings in Washington, D.C.

This article was originally printed on AFL-CIO  on March 21, 2014.  Reprinted with permission.

About the Author: Mike Hall is former West Virginia newspaper reporter, staff writer for the United Mine Workers Journaland managing editor of the Seafarers Log.  He came to the AFL- CIO in 1989 and has written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.