The U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") announced a new rule yesterday to restrict worker exposure to respirable crystalline silica ("silica"). A copy of the U.S. Department of Labor's press release can be found here.

The updated rule amends the silica exposure regulations for the first time since 1971. According to the press release, "[t]he new rule will curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers by limiting their exposure to respirable crystalline silica."  OSHA estimates that when the final rule becomes effective on June 23, 2016, "it will save more than 600 lives annually and prevent more than 900 new cases of silicosis – an incurable and progressive disease – each year."

OSHA approximates that about 2.3 million men and women face silica exposure in their workplace, including 2 million construction workers and 300,000 workers in operations such as brick manufacturing, foundries and hydraulic fracturing.

Previously, OSHA and the National Institute for Occupational Safety and Health ("NIOSH") had issued a Hazard Alert concerning the effect of silica exposure on workers conducting hydraulic fracturing operations.  The Hazard Alert followed air sampling at 11 sites in 5 states (Arkansas, Colorado, North Dakota, Pennsylvania and Texas) where hydraulic fracturing operations were taking place in order to determine the levels of worker exposure to silica.

The Hazard Alert described that silica is a concern for workers during hydraulic fracturing due to the large quantities of silica sand used during the process and the potential for silica dust to be released into the air.  As discussed in the Hazard Alert, silica sand is frequently used as a proppant (particles that hold open the fractures created by hydraulic fracturing, allowing the oil and gas to flow out of the formation and into the wellbore).

The final rule establishes a permissible exposure limit for silica of 50 micrograms per cubic meter of air, averaged over an eight-hour shift. The final rule is written as 2 standards, one for the construction industry and one for general industry and maritime, and it contains staggering compliance dates to ensure sufficient time to meet the requirements. Hydraulic fracturing operations in the oil and gas industry have until June 23, 2018 to comply with most requirements (2 years after the effective date of the final rule), except engineering controls, which have a compliance date of June 23, 2021.  More information provided by OSHA can be found here.

The final rule – Occupational Exposure to Respirable Crystalline Silica, can be found here.

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