Natural Stone Council Position on OSHA PEL Proposal
PROPOSED SOLUTIONS:
1. OSHA should indefinitely extend the comment period until their extensive report can be fully studied to determine the accuracy of the data. 135 days is not enough time to do this and address all questions.
2. To determine the true cost of the proposed PEL, and whether or not it is actually needed, we recommend these steps.
- First; perform an industry wide analysis and investigation as to the actual number of businesses that present a silica exposure to their employees. Ascertain how many of these businesses have been inspected, and how many have silica dust containment and controls in place for their workers. Quantify the number of businesses that potentially do not have controls in place or have never been inspected to establish the real effectiveness of the current PEL.
- Second; the Department of Labor should publish detailed information on actual diagnosed silicosis cases in OSHA regulated businesses that were using proven engineering controls and NIOSH recommended respirators.
- Third; OSHA should work with the stone industry to determine accurate costs of implementing the proposal.
3. Conduct independently verified risk assessment studies to determine the true risks of silicosis in a compliant workplace. OSHA is obligated to provide the “best available evidence” on any new proposal, and this guideline must be followed. Sound decisions must be based on accurate information.
4. The NSC offers to work with OSHA (and MSHA) for practical and cost-effective crystalline silica regulation based on sound and proven data that will improve the safety and health protection of workers.
The dimension stone industry is a major part of the nation’s economy. According to recent Department of Labor figures, 4,380 stone quarries directly employed 35,248 workers, and 2,125 fabrication facilities directly employed 23,666 workers. Additional indirect employment is estimated to be greater than 100,000 people with a total estimated payroll for the industry approaching $4 billion annually. It is the Natural Stone Council’s belief that our government should be responsive to the needs and concerns of this industry.
Formed in 2003, the NSC unites a diverse industry of natural stone producers by bringing together the various natural stone associations to actively promote the attributes of natural stone. The NSC is funded entirely through donations. To learn about the NSC, its initiatives, and to pledge support, visit www.naturalstonecouncil.org. Duke Pointer, Executive Director can be contacted at info@naturalstonecouncil.org.
This Position Paper is a working document and will be updated and revised as needed.
