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Regulations (Standards - 29 CFR) - Table of Contents
• Part Number: 1926
• Part Title: Safety and Health Regulations for Construction
• Subpart: Z
• Subpart Title: Toxic and Hazardous Substances
• Standard Number: 1926.1153
• Title: Respirable crystalline silica.
• Appendix: A ,   B
• GPO Source: e-CFR


1926.1153(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 μg/m3) as an 8-hour time-weighted average (TWA) under any foreseeable conditions.

1926.1153(b)

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

Action level means a concentration of airborne respirable crystalline silica of 25 μg/m3, calculated as an 8-hour TWA.

Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 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 paragraph (g) of this section.

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 employer's 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 paragraph (h) of this section.

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, 29 CFR 1926.1153.

1926.1153(c)

Specified exposure control methods.

1926.1153(c)(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 paragraph (d) of this section.

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

Equipment/task Engineering and work practice control methods Required respiratory protection and minimum assigned protection factor (APF)
≤ 4 hours/shift >4 hours/shift
(i) Stationary masonry saws Use saw equipped with integrated water delivery system that continuously feeds water to the blade
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions
None None
(ii) Handheld power saws (any blade diameter) Use saw equipped with integrated water delivery system that continuously feeds water to the blade
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions:
-When used outdoors None APF 10
-When used indoors or in an enclosed area APF 10 APF 10
(iii) Handheld power saws for cutting fiber-cement board (with blade diameter of 8 inches or less) For tasks performed outdoors only:
Use saw equipped with commercially available dust collection system
Operate and maintain tool in accordance with manufacturer's 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
None None
(iv) Walk-behind saws Use saw equipped with integrated water delivery system that continuously feeds water to the blade
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions:
-When used outdoors None None
-When used indoors or in an enclosed area APF 10 APF 10
(v) Drivable saws For tasks performed outdoors only:
Use saw equipped with integrated water delivery system that continuously feeds water to the blade
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions
None None
(vi) Rig-mounted core saws or drills Use tool equipped with integrated water delivery system that supplies water to cutting surface
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions
None None
(vii) Handheld and stand-mounted drills (including impact and rotary hammer drills) Use drill equipped with commercially available shroud or cowling with dust collection system
Operate and maintain tool in accordance with manufacturer's 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
None None
(viii) Dowel drilling rigs for concrete For tasks performed outdoors only:
Use shroud around drill bit with a dust collection system. Dust collector must have a filter with 99% or greater efficiency and a filter-cleaning mechanism APF 10 APF 10
(ix) Vehicle-mounted drilling rigs for rock and concrete 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 point from the dust collector None None
OR
Operate from within an enclosed cab and use water for dust suppression on drill bit None None
(x) Jackhammers and handheld powered chipping tools Use tool with water delivery system that supplies a continuous stream or spray of water at the point of impact:
-When used outdoors None APF 10
-When used indoors or in an enclosed area APF 10 APF 10
OR
Use tool equipped with commercially available shroud and dust collection system
Operate and maintain tool in accordance with manufacturer's 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 outdoors None APF 10
-When used indoors or in an enclosed area APF 10 APF 10
(xi) Handheld grinders for mortar removal (i.e., tuckpointing) Use grinder equipped with commercially available shroud and dust collection system APF 10 APF 25
Operate and maintain tool in accordance with manufacturer's 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 mechanism
(xii) Handheld grinders for uses other than mortar removal For tasks performed outdoors only:
Use grinder equipped with integrated water delivery system that continuously feeds water to the grinding surface
None None
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions
OR
Use grinder equipped with commercially available shroud and dust collection system
Operate and maintain tool in accordance with manufacturer's 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 mechanism:
-When used outdoors None None
-When used indoors or in an enclosed area None APF 10
(xiii) Walk-behind milling machines and floor grinders Use machine equipped with integrated water delivery system that continuously feeds water to the cutting surface None None
Operate and maintain tool in accordance with manufacturer's instructions to minimize dust emissions
OR
Use machine equipped with dust collection system recommended by the manufacturer None None
Operate and maintain tool in accordance with manufacturer's 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
(xiv) Small drivable milling machines (less than half-lane) Use a machine equipped with supplemental water sprays designed to suppress dust. Water must be combined with a surfactant None None
Operate and maintain machine to minimize dust emissions
(xv) Large drivable milling machines (half-lane and larger) For cuts of any depth on asphalt only:
Use machine equipped with exhaust ventilation on drum enclosure and supplemental water sprays designed to suppress dust
None None
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 None None
Operate and maintain machine to minimize dust emissions
OR
Use a machine equipped with supplemental water spray designed to suppress dust. Water must be combined with a surfactant None None
Operate and maintain machine to minimize dust emissions
(xvi) Crushing machines Use equipment designed to deliver water spray or mist for dust suppression at crusher and other points where dust is generated (e.g., hoppers, conveyers, sieves/sizing or vibrating components, and discharge points) None None
Operate and maintain machine in accordance with manufacturer's instructions to minimize dust emissions
Use a ventilated booth that provides fresh, climate-controlled air to the operator, or a remote control station
(xvii) Heavy equipment and utility vehicles used to abrade or fracture silica-containing materials (e.g., hoe-ramming, rock ripping) or used during demolition activities involving silica-containing materials Operate equipment from within an enclosed cab None None
When employees outside of the cab are engaged in the task, apply water and/or dust suppressants as necessary to minimize dust emissions None None
(xviii) Heavy equipment and utility vehicles for tasks such as grading and excavating but not including: Demolishing, abrading, or fracturing silica-containing materials Apply water and/or dust suppressants as necessary to minimize dust emissions None None
OR
When the equipment operator is the only employee engaged in the task, operate equipment from within an enclosed cab None None

1926.1153(c)(2)

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

1926.1153(c)(2)(i)

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

1926.1153(c)(2)(ii)

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

1926.1153(c)(2)(iii)

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

1926.1153(c)(2)(iii)(A)

Is maintained as free as practicable from settled dust;

1926.1153(c)(2)(iii)(B)

Has door seals and closing mechanisms that work properly;

1926.1153(c)(2)(iii)(C)

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

1926.1153(c)(2)(iii)(D)

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

1926.1153(c)(2)(iii)(E)

Has intake air that is filtered through a filter that is 95% efficient in the 0.3-10.0 μm range (e.g., MERV-16 or better); and

1926.1153(c)(2)(iii)(F)

Has heating and cooling capabilities.

1926.1153(c)(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.

1926.1153(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:

1926.1153(d)(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 μg/m3, calculated as an 8-hour TWA.

1926.1153(d)(2)

Exposure assessment-

1926.1153(d)(2)(i)

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 paragraph (d)(2)(ii) or the scheduled monitoring option in paragraph (d)(2)(iii) of this section.

1926.1153(d)(2)(ii)

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.

1926.1153(d)(2)(iii)

Scheduled monitoring option.

1926.1153(d)(2)(iii)(A)

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.

1926.1153(d)(2)(iii)(B)

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.

1926.1153(d)(2)(iii)(C)

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.

1926.1153(d)(2)(iii)(D)

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.

1926.1153(d)(2)(iii)(E)

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 paragraph (d)(2)(iv) of this section.

1926.1153(d)(2)(iv)

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.

1926.1153(d)(2)(v)

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

1926.1153(d)(2)(vi)

Employee notification of assessment results.

1926.1153(d)(2)(vi)(A)

Within five working days after completing an exposure assessment in accordance with paragraph (d)(2) of this section, 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.

1926.1153(d)(2)(vi)(B)

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.

1926.1153(d)(2)(vii)

Observation of monitoring.

1926.1153(d)(2)(vii)(A)

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.

1926.1153(d)(2)(vii)(B)

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.

1926.1153(d)(3)

Methods of compliance-

1926.1153(d)(3)(i)

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 paragraph (e) of this section.

1926.1153(d)(3)(ii)

Abrasive blasting. In addition to the requirements of paragraph (d)(3)(i) of this section, the employer shall comply with other OSHA standards, when applicable, such as 29 CFR 1926.57 (Ventilation), where abrasive blasting is conducted using crystalline silica-containing blasting agents, or where abrasive blasting is conducted on substrates that contain crystalline silica.

1926.1153(e)

Respiratory protection-

1926.1153(e)(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 paragraph and 29 CFR 1910.134. Respiratory protection is required:

1926.1153(e)(1)(i)

Where specified by Table 1 of paragraph (c) of this section; or

1926.1153(e)(1)(ii)

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:

1926.1153(e)(1)(ii)(A)

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

1926.1153(e)(1)(ii)(B)

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

1926.1153(e)(1)(ii)(C)

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.

1926.1153(e)(2)

Respiratory protection program. Where respirator use is required by this section, the employer shall institute a respiratory protection program in accordance with 29 CFR 1910.134.

1926.1153(e)(3)

Specified exposure control methods. For the tasks listed in Table 1 in paragraph (c) of this section, 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 paragraph (e)(1) of this section and the requirements for selection of respirators in 29 CFR 1910.134(d)(1)(iii) and (d)(3) with regard to exposure to respirable crystalline silica.

1926.1153(f)

Housekeeping.

1926.1153(f)(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.

1926.1153(f)(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:

1926.1153(f)(2)(i)

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

1926.1153(f)(2)(ii)

No alternative method is feasible.

1926.1153(g)

Written exposure control plan.

1926.1153(g)(1)

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

1926.1153(g)(1)(i)

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

1926.1153(g)(1)(ii)

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

1926.1153(g)(1)(iii)

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

1926.1153(g)(1)(iv)

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.

1926.1153(g)(2)

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

1926.1153(g)(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 Assistant Secretary and the Director.

1926.1153(g)(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.

1926.1153(h)

Medical surveillance-

1926.1153(h)(1)

General.

1926.1153(h)(1)(i)

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.

1926.1153(h)(1)(ii)

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

1926.1153(h)(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:

1926.1153(h)(2)(i)

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;

1926.1153(h)(2)(ii)

A physical examination with special emphasis on the respiratory system;

1926.1153(h)(2)(iii)

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;

1926.1153(h)(2)(iv)

A pulmonary function test to include forced vital capacity (FVC) and forced expiratory volume in one second (FEV1) and FEV1/FVC ratio, administered by a spirometry technician with a current certificate from a NIOSH-approved spirometry course;

1926.1153(h)(2)(v)

Testing for latent tuberculosis infection; and

1926.1153(h)(2)(vi)

Any other tests deemed appropriate by the PLHCP.

1926.1153(h)(3)

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

1926.1153(h)(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:

1926.1153(h)(4)(i)

A description of the employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to respirable crystalline silica;

1926.1153(h)(4)(ii)

The employee's former, current, and anticipated levels of occupational exposure to respirable crystalline silica;

1926.1153(h)(4)(iii)

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

1926.1153(h)(4)(iv)

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

1926.1153(h)(5)

PLHCP's 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:

1926.1153(h)(5)(i)

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;

1926.1153(h)(5)(ii)

Any recommended limitations on the employee's use of respirators;

1926.1153(h)(5)(iii)

Any recommended limitations on the employee's exposure to respirable crystalline silica; and;

1926.1153(h)(5)(iv)

A statement that the employee should be examined by a specialist (pursuant to paragraph (h)(7) of this section) 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.

1926.1153(h)(6)

PLHCP's written medical opinion for the employer.

1926.1153(h)(6)(i)

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:

1926.1153(h)(6)(i)(A)

The date of the examination;

1926.1153(h)(6)(i)(B)

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

1926.1153(h)(6)(i)(C)

Any recommended limitations on the employee's use of respirators.

1926.1153(h)(6)(ii)

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

1926.1153(h)(6)(ii)(A)

Any recommended limitations on the employee's exposure to respirable crystalline silica;

1926.1153(h)(6)(ii)(B)

A statement that the employee should be examined by a specialist (pursuant to paragraph (h)(7) of this section) 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.

1926.1153(h)(6)(iii)

The employer shall ensure that each employee receives a copy of the written medical opinion described in paragraph (h)(6)(i) and (ii) of this section within 30 days of each medical examination performed.

1926.1153(h)(7)

Additional examinations.

1926.1153(h)(7)(i)

If the PLHCP's 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 PLHCP's written opinion.

1926.1153(h)(7)(ii)

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 paragraph (h)(4) of this section.

1926.1153(h)(7)(iii)

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 paragraph (h)(5) (except paragraph (h)(5)(iv)) of this section.

1926.1153(h)(7)(iv)

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 paragraph (h)(6) (except paragraph (h)(6)(i)(B) and (ii)(B)) of this section.

1926.1153(i)

Communication of respirable crystalline silica hazards to employees-

1926.1153(i)(1)

Hazard communication. The employer shall include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (29 CFR 1910.1200). 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 paragraph (i)(2) of this section. The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects.

1926.1153(i)(2)

Employee information and training..

1926.1153(i)(2)(i)

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

1926.1153(i)(2)(i)(A)

The health hazards associated with exposure to respirable crystalline silica;

1926.1153(i)(2)(i)(B)

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

1926.1153(i)(2)(i)(C)

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;

1926.1153(i)(2)(i)(D)

The contents of this section;

1926.1153(i)(2)(i)(E)

The identity of the competent person designated by the employer in accordance with paragraph (g)(4) of this section; and

1926.1153(i)(2)(i)(F)

The purpose and a description of the medical surveillance program required by paragraph (h) of this section.

1926.1153(i)(2)(ii)

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

1926.1153(j)

Recordkeeping-

1926.1153(j)(1)

Air monitoring data.

1926.1153(j)(1)(i)

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 paragraph (d)(2) of this section.

1926.1153(j)(1)(ii)

This record shall include at least the following information:

1926.1153(j)(1)(ii)(A)

The date of measurement for each sample taken;

1926.1153(j)(1)(ii)(B)

The task monitored;

1926.1153(j)(1)(ii)(C)

Sampling and analytical methods used;

1926.1153(j)(1)(ii)(D)

Number, duration, and results of samples taken;

1926.1153(j)(1)(ii)(E)

Identity of the laboratory that performed the analysis;

1926.1153(j)(1)(ii)(F)

Type of personal protective equipment, such as respirators, worn by the employees monitored; and

1926.1153(j)(1)(ii)(G)

Name, social security number, and job classification of all employees represented by the monitoring, indicating which employees were actually monitored.

1926.1153(j)(1)(iii)

The employer shall ensure that exposure records are maintained and made available in accordance with 29 CFR 1910.1020.

1926.1153(j)(2)

Objective data.

1926.1153(j)(2)(i)

The employer shall make and maintain an accurate record of all objective data relied upon to comply with the requirements of this section.

1926.1153(j)(2)(ii)

This record shall include at least the following information:

1926.1153(j)(2)(ii)(A)

The crystalline silica-containing material in question;

1926.1153(j)(2)(ii)(B)

The source of the objective data;

1926.1153(j)(2)(ii)(C)

The testing protocol and results of testing;

1926.1153(j)(2)(ii)(D)

A description of the process, task, or activity on which the objective data were based; and

1926.1153(j)(2)(ii)(E)

Other data relevant to the process, task, activity, material, or exposures on which the objective data were based.

1926.1153(j)(2)(iii)

The employer shall ensure that objective data are maintained and made available in accordance with 29 CFR 1910.1020.

1926.1153(j)(3)

Medical surveillance.

1926.1153(j)(3)(i)

The employer shall make and maintain an accurate record for each employee covered by medical surveillance under paragraph (h) of this section.

1926.1153(j)(3)(ii)

The record shall include the following information about the employee:

1926.1153(j)(3)(ii)(A)

Name and social security number;

1926.1153(j)(3)(ii)(B)

A copy of the PLHCPs' and specialists' written medical opinions; and

1926.1153(j)(3)(ii)(C)

A copy of the information provided to the PLHCPs and specialists.

1926.1153(j)(3)(iii)

The employer shall ensure that medical records are maintained and made available in accordance with 29 CFR 1910.1020.

1926.1153(k)

Dates.

1926.1153(k)(1)

This section shall become effective June 23, 2016.

1926.1153(k)(2)

All obligations of this section, except requirements for methods of sample analysis in paragraph (d)(2)(v), shall commence June 23, 2017.

1926.1153(k)(3)

Requirements for methods of sample analysis in paragraph (d)(2)(v) of this section commence June 23, 2018.
[81 FR 16875-16882, March 25, 2016]

Next Standard (1926.1153 App A)

Regulations (Standards - 29 CFR) - Table of Contents

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