Silica Exposure Control Silica dust exposure can be controlled by use of water or exhaust ventilation Using water to cut concrete Concrete sander with and bricks exhaust ventilation WISHA
Silica Exposure Control Avoid dry sweeping and use of compressed air on concrete • Both these activities can stir up large amounts of dust • Use a vacuum with high efficiency filters when possible WISHA
What is new Title 8 Section 1530.1? How did it come about and what does it require?
Process started with silica PEL May 2005 Cal/OSHA public advisory meeting on silica PEL Much employer comment on possible revision to PEL for silica with so many different businesses affected Federal OSHA working on silica PEL >10 yrs – also looking at work based approach for construction Also, growing concern with dust exposure of the public from construction worksites (San Francisco ordinance) Alarcon bill – SB 46 (June 2006) Prohibit the dry cutting and dry grinding of masonry materials, except where it is determined that the use of water in cutting or grinding masonry materials is not feasible
Informal public advisory process to develop regulatory alternative to proposed legislation More than 60 attendees at each of 2 public meetings held in January and March 2007 Contractor organizations (CAL-PASC, AGC, CEA, Roofers) Labor unions (Bricklayers, Laborers, Roofers) Equipment manufacturers Individual workers and contractors Equipment manufacturers Major outcomes of the two advisory meetings: Local exhaust ventilation or water for dust control Exceptions Training details Standards Board Public Hearing December 13, 2007 Only minor changes from the original proposal Regulation took effect October 22, 2008
Dust-Generating Operations on Concrete or Masonry Materials New regulation: Found in T8CCR 1530.1 Effective October 22, 2008
Dust-Generating Operations Scope and Application Applies to use of powered tools or equipment to: Cut Grind Core Drill masonry materials
Dust-Generating Operations Scope and Application Exceptions: Stucco, plastering material, or similar products Wall cladding, siding, or similar products Downward drilling Jack-hammering or chipping • Incidental to scope of work or planned operations of a plumbing or landscaping activity
Dust-Generating Operations Scope and Application Exceptions: Work with powder-actuated tools Work incidental to the installation of concrete/masonry materials (such as drilling holes for plumbing fixtures) Tile backer board • When cut with powered shears, or • Dust reduction blade having a dust containment device Regardless, are your employees being overexposed? (5155, 5141, 5144)
Dust-Generating Operations Definitions Dust Containment Device Pouch, bag attached to power tool, which is intended to capture dust generated by the power tool This device is not intended to be a Dust Reduction System
Dust-Generating Operations Definitions Dust Reduction System Water or local exhaust ventilation • Local exhaust ventilation Vacuum, dust collection and dust exhaust systems
Dust Reduction Systems
Dust-Generating Operations Definitions Concrete or masonry material Includes clay brick; concrete block; mortar; natural or manufactured stone; floor, wall, or counter top tile; and terra cotta Material that is stone-like in appearance and texture shall be presumed to be concrete or masonry material • Unless otherwise indicated by evidence (provided by the employer) that the mixture does not include cement, sand, gravel, stone, clay, or aggregate material containing silica
Dust-Generating Operations Controlling Employee Exposure Dust Reduction System shall be applied to effectively reduce airborne particulate during operations in which powered tools or equipment are used to cut, grind, core, or drill, concrete or masonry materials
Dust-Generating Operations Controlling Employee Exposure EXCEPTION 1 Exposures are determined to not exceed the Permissible Exposure Limits for particulates listed in Section 5155 • Can only be demonstrated reliably by air sampling data applicable to the specific operation being performed
Dust-Generating Operations Controlling Employee Exposure EXCEPTION 2 Rooftop operations with roofing tile, roofing pavers, or similar materials • BUT… is there a work platform?
Dust-Generating Operations Controlling Employee Exposure EXCEPTION 3 During the first 24 hours of an emergency operation where use of a dust reduction system will impair progress • “Emergency": an unexpected occurrence requiring immediate action to prevent or mitigate damage/loss of life, health, property, or essential public services • Includes fire, flood, earthquake or other soil or geologic movement, structural collapse, damage to a subsurface installation, terrorist act, or sabotage
Note Even though you might fall under the exceptions, you still need to provide Training (1509, 3203, & 5194) Determine employee exposure (5155), and If there is overexposure, provide controls (5141, 5143, & 1530) including respiratory protection (5144)
Dust-Generating Operations Safety and Effectiveness of Dust Reduction System Implement procedures to ensure the dust reduction systems maintain their effectiveness throughout the work shift Install, operate and maintain dust reduction systems according to manufacturer recommendations
Dust-Generating Operations Training Employee Training Provide to all employees prior to their assignment to jobs or work areas where the employer will be conducting operations involving use of power tools and silica- containing materials
Dust-Generating Operations Training Employee Training Topics Health hazards of overexposure to airborne dust generated from concrete and masonry materials, including silicosis, lung cancer, chronic obstructive lung disease (COPD) and decreased lung function Methods used to control exposures, including wet cutting, local exhaust ventilation systems, and isolation of the process from the operator or other employees by means of distance, enclosure, or other methods
Dust-Generating Operations Training Employee Training Topics Proper use and maintenance of dust reduction systems, including the safe handling and disposal of collected waste materials The importance of good personal hygiene and housekeeping practices including: • Not smoking tobacco products • Appropriate methods of cleaning up before eating, and cleaning clothes • Avoiding activities that contribute to an employee's exposure to airborne dusts
Dust-Generating Operations Training Supervisor Training Prior to engaging in supervision of employees who will be cutting, grinding, drilling, or coring concrete or masonry material: • Information provided to employees • Tasks employees will perform that may result in employee exposure to concrete or masonry dust • Procedures for implementation of the control measures
What sort of resources are there?
Cal/OSHA: www.dir.ca.gov/DOSH Cal/OSHA regulation (1530.1): www.dir.ca.gov/title8/1530_1.html Cal/OSHA Silica e-tool www.dir.ca.gov/dosh/etools Silica Hazard Alert: www.dir.ca.gov/dosh/dosh_publications/P08-019V3.pdf Federal OSHA Silica e-tool: www.osha.gov/SLTC/etools/silica/index.html NIOSH: www.cdc.gov/niosh/topics/silica WISHA: www.lni.wa.gov/Safety/default.asp
Cal/OSHA Consultation Service Toll-Free Number 1-800-963-9424 Northern California San Fernando Valley 2424 Arden Way, Suite 410 6150 Van Nuys Boulevard, Suite 307 Sacramento, CA 95825 Van Nuys, CA 91401 (916) 263-0704 (818) 901-5754 San Francisco Bay Area Los Angeles, Orange 1515 Clay Street, Suite 1103 10350 Heritage Park Drive, Suite 201 Oakland, CA 94612 Santa Fe Springs, CA 90670 (510) 622-2891 (562) 944-9366 Central Valley San Bernardino 1901 North Gateway Boulevard, 464 W. 4th Street, Suite 339 Suite 102 San Bernardino, CA 92401 Fresno, CA 93727 (909) 383-4567 (559) 454-1295 San Diego 7575 Metropolitan Drive, Suite 204 San Diego, CA 92108 (619) 767-2060
BREAK
The Legal Perspective - Toxic Torts John R. Lawless King & Spalding LLP Los Angeles, CA King & Spalding LLP
Sample Asbestos Case Barbara Gaia, et al. v. Allis Chalmers Corporation, et al. Superior Court of the State of California for the County of Los Angeles King & Spalding LLP
Gaia v. Allis Chalmers Corp. Charles Gaia was a union insulator from 1950 to 1992 Mr. Gaia passed away due to mesothelioma in 2007 In the same year, Mr. Gaia’s immediate family members filed a wrongful death lawsuit Over 30 defendants sued King & Spalding LLP
General “Categories” of Defendants Product Manufacturers Premises Owners Contractors (General and Subcontractors) King & Spalding LLP
General Theories of Liability Negligence Strict Liability (not applicable to contractors) Premises Liability
Why and How Contractors are Named in Lawsuits
Why and How Contractors are Named in Lawsuits
Why and How Contractors are Named in Lawsuits Witness identification Eye-witness testimony Logos ( e.g. , Trucks, Hats, and/or Shirts) Identification from work/SS records Usual target defendants King & Spalding LLP
Responsibilities of General and Subcontractors Compliance with federal, state, local and other rules and regulations Appropriate training Adequate warnings Control of worksite King & Spalding LLP
Silica Cases - Update Judge Janis Graham Jack’s rulings in Texas California silica cases King & Spalding LLP
Questions? John R. Lawless King & Spalding LLP Los Angeles, CA (213) 867-2654 JLawless@kslaw.com Steven D. Park King & Spalding LLP Los Angeles, CA (213) 867-2654 SPark@kslaw.com King & Spalding LLP
Silica in Construction
Applicable Regulations Injury and Illness Prevention Program (1509) General Requirements of Mechanical Ventilation Systems (1530) Control of Concrete and Masonry Dust (1530.1) Respiratory Protection (5144) Hazard Communication (5194)
Resources Cal/OSHA Consultation ◦ www.dir.ca.gov Federal OSHA ◦ www.osha.gov NIOSH ◦ www.cdc.gov/niosh
Video 1
Protecting your People Identify Possible Sources Determine the Reassess Hazard Develop Train Controls
Identify Possible Sources Product labels Material Safety Data Sheets (MSDS) Sampling
MSDS Review
Developing Controls Eliminate or Reduce Exposure Engineering Controls Administrative or Work Practices Personal Protective Equipment
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