Masonry Magazine February 2004 Page. 10
Government Affairs
The Small Business Review
Panel Report on Crystalline
Silica Exposure
Marian J. Marshall
Director of Government Affairs, MCAA
After great anticipation and perhaps a little fanfare, the Small Business Review Panel report on OSHA's draft proposed standard on crystalline silica exposure was issued on December 196. It was formally delivered to Assistant Secretary John L. Henshaw, who, presumably, will have some say in the final decision as to how his agency moves forward from here on out. Fortunately, for our industry, the report was very negative and recommends the "no-rule" option-meaning that in lieu of proposing a whole new set of stringent standards on silica exposure, OSHA should dedicate more resources to enforcement of the existing silica exposure standard. This could be done through alliances with industry, education, outreach, research and compliance assistance.
The panel's report was the compilation of comments submitted by small business representatives within the construction, general and maritime industries. MCAA was fortunate enough to have three representatives on the panel, all of whom provided constructive criticism and suggested the "no rule" approach. In fact, throughout the 90-page report, the MCAA representatives were most often quoted. Suffice it to say, we are very proud and grateful to have had such outstanding and knowledgeable panel participants.
If there was one resounding theme among the comments, it was that OSHA had greatly underestimated the costs and complexity of the draft proposal. One panel participant (SER) estimated the costs of compliance to be approximately 50% of gross revenues or $3 million annually. I don't know many small businesses that could absorb that cost.
SERs also expressed great concern about the unfeasibility of some of the standard's provisions, particularly in a dynamic and variable construction setting where there are sometimes as many as 50 contractors on the job in any given day. Most significant among those was the establishment of a regulated area. SERs commented that, while regulated areas may be clear in a controlled environment, outside environments are difficult if not impossible to demarcate or control, and the potential for liability grows when you have many people coming on and going off the site at all times. One SER commented that the MCAA was fortunate enough to have three representatives on the panel, all of whom provided constructive criticism and suggested the "no rule" approach.
The requirement for a regulated area would force his company to alter tasks to avoid exposing other workers on the job site. This is neither practical nor feasible.
The panel participants also took issue with the requirement in the draft for a "competent person" at each work site, noting: 1) resource constraints, such as facilities being located in remote areas, 2) industrial hygiene or safety contractual support being difficult to obtain; and 3) a limited number of supervisors - who would need additional training-available to become competent persons. In many work places, only the supervisory personnel would have the authority to control a work site and take corrective measures with respect to safety issues. Considering the burden already placed on many supervisory personnel, employers would have to hire additional personnel to perform this duty.
Finally, the panelists generally believed that the current incidence of silicosis in the United States was low and declining and that there is no convincing data indicating current risks justify the expense of meeting the requirements in the draft proposed standard. The cases of silicosis documented by OSHA were primarily from the mining industry and very outdated. It was recommended that OSHA evaluate existing state silicosis surveillance
Masonry
February 2004
www.masoncontractors.org
Shape Your Bricks
New reciprocating saw blades cut in wide range of building blocks and bricks, which gives you an unprecedented freedom to shape building blocks and bricks as you desire.
Danish Tool has developed a new and effective saw blade for cutting in bricks. The blades fit a standard reciprocating saw and it is now possible to cut your bricks to shape. This gives you the freedom to design your very own fireplace, personalize you planters, or build your private wine rack in stone.
The saw blades have special carbide teeth and this is one of the reasons for the incredible life-time that these saw blades have. Danish Tool has invented a special "roof-tooth" which is a new way of ensuring the strength and durability of Danish Tool Production's carbide saw blades.
FOR MORE INFORMATION:
Danish Tool Shop
www.danishtoolshop.com
info@danishtoolshop.com
CIRCLE 270 ON READER SERVICE CARD