Respirable crystalline silica scope

This standard does not apply to exposures from construction, most agricultural operations, or processing of sorptive clays. Employers should note that 1910.1053(a)(1) explicitly exempts:

• Construction work as defined in 29 CFR 1910.12(b); construction exposures are covered under 29 CFR 1926.1153.
• Agricultural operations covered under 29 CFR part 1928.
• Exposures that result from the processing of sorptive clays.

See the full scope and application in 1910.1053(a).

An employer can rely on objective data only when that data demonstrates employee exposures will remain below the action level of 25 μg/m3 as an 8-hour TWA under any foreseeable conditions. Specifically, 1910.1053(a)(2) permits the standard to not apply if objective data show exposures will remain below 25 μg/m3 (8-hour TWA).

• Use ‘‘objective data’’ as defined in 1910.1053(b) (for example, industry monitoring or calculations).
• The data must cover foreseeable conditions and reflect processes, materials, controls, work practices, and environmental conditions that are similar to, or more conservative than, your workplace.

An employer may follow the construction standard when the task is indistinguishable from a construction task on Table 1 of 29 CFR 1926.1153 and the task will not be performed regularly in the same environment and conditions. See 1910.1053(a)(3), which says this general industry standard does not apply if the employer complies with 29 CFR 1926.1153 and both:

• the task is indistinguishable from a construction task listed on Table 1 of 1926.1153(c), and
• the task will not be performed regularly in the same environment and conditions (see 1910.1053(a)(3)(ii)).

If both criteria are met, use 1926.1153 requirements instead of 1910.1053.

The PEL is 50 μg/m3 (8-hour TWA) and the action level is 25 μg/m3 (8-hour TWA). 1910.1053(c) sets the PEL at 50 μg/m3 (8-hr TWA), and the definition of Action level in 1910.1053(b) identifies the action level as 25 μg/m3 (8-hr TWA).

The employer must assess exposure for any employee who is or may reasonably be expected to be exposed at or above the action level of 25 μg/m3. 1910.1053(d)(1) requires the employer to assess exposures of each employee who is or may reasonably be expected to be exposed at or above the action level, using either the performance option (1910.1053(d)(2)) or the scheduled monitoring option (1910.1053(d)(3)).

The performance option lets the employer determine 8-hour TWA exposures using any combination of air monitoring data or objective data that accurately characterizes employee exposures. 1910.1053(d)(2) states employers shall assess the 8-hour TWA on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize exposures. Use of ‘‘objective data’’ is defined in 1910.1053(b).

Initial monitoring must include one or more personal breathing zone samples that reflect exposures of employees on each shift, for each job classification, in each work area. 1910.1053(d)(3)(i) requires employers to perform initial monitoring with personal breathing zone samples that reflect the exposures of employees on each shift, for each job classification, in each work area.

• When many employees perform the same tasks on the same shift in the same area, you may use representative sampling but must sample the employee(s) expected to have the highest exposure (see 1910.1053(d)(3)(ii)).

You can stop monitoring for employees if initial monitoring shows exposures are below the action level, but the employer must repeat monitoring on a schedule when exposures are at/above the action level or above the PEL. Specifically, 1910.1053(d)(3) says:

• If initial monitoring indicates exposures are below the action level, the employer may discontinue monitoring for those represented employees (1910.1053(d)(3)(ii)).
• If monitoring shows exposures are at or above the action level but at or below the PEL, repeat monitoring within six months (1910.1053(d)(3)(iii)).
• If monitoring shows exposures above the PEL, repeat within three months (1910.1053(d)(3)(iv)).
• After non-initial monitoring shows exposures below the action level, repeat within six months until two consecutive measurements taken 7+ days apart are below the action level, then you may discontinue monitoring (1910.1053(d)(3)(v)).

The employer must reassess exposures whenever a change in production, process, control equipment, personnel, or work practices may reasonably be expected to create exposures at or above the action level, or whenever the employer has any reason to believe such exposures have occurred. 1910.1053(d)(4) requires reassessment under those conditions.

• Reassessment is required even if previous monitoring showed low exposures when workplace changes could increase exposure.

The employer must notify affected employees in writing or by posting the results within 15 working days after completing the exposure assessment, and if exposure is above the PEL the notice must describe corrective actions being taken. 1910.1053(d)(6)(i) requires individual written notice or posting within 15 working days, and 1910.1053(d)(6)(ii) requires that when exposure is above the PEL the notification describe the corrective action being taken to reduce exposures to or below the PEL.

• Keep records of the results and the notifications as part of your exposure assessment documentation.

Employees or their designated representatives must be given an opportunity to observe any monitoring, and if observing requires entry into areas where protective clothing or equipment is required, the employer must provide that protective clothing and equipment at no cost and ensure the observer uses it. 1910.1053(d)(7)(i) gives employees or their representatives the right to observe, and 1910.1053(d)(7)(ii) requires employers to provide required protective clothing/equipment free of charge and ensure its use if observation requires entry into a hazard area.

• Observers must not interfere with monitoring; employers may set reasonable observer procedures.

All samples taken to satisfy monitoring requirements must be evaluated by a laboratory that analyzes respirable crystalline silica air samples in accordance with the procedures in Appendix A to the standard. The rule text states employers shall ensure samples are evaluated by a laboratory following Appendix A procedures (see 1910.1053(d) and the related reference to Appendix A).

• Use laboratories experienced in silica sample analysis and methods specified in Appendix A to ensure defensible results.

The employer must establish a regulated area wherever employee exposure is, or can reasonably be expected to be, in excess of the PEL; the area must be demarcated to minimize the number of employees exposed, posted with the legend in paragraph (j)(2), and access limited to authorized personnel, observers, or persons authorized by law. 1910.1053(e)(1) requires establishing a regulated area when exposures exceed or could exceed the PEL; 1910.1053(e)(2)(i)–(ii) requires demarcation and posting signs with the legend specified in 1910.1053(j)(2).

• 1910.1053(e)(3) limits access to (A) persons authorized and required for duties, (B) designated employee representatives observing monitoring, and (C) persons authorized by law.
• 1910.1053(e)(4) requires providing appropriate respirators to anyone entering a regulated area and requiring their use.

Yes — employers must use engineering and work practice controls to reduce and maintain employee exposures to or below the PEL unless they can demonstrate such controls are not feasible. 1910.1053(f)(1) requires the use of engineering and work practice controls as the primary means of compliance, with respirators used only where controls cannot adequately reduce exposures.

'Employee exposure' means the exposure that would occur if the employee were not using a respirator. 1910.1053(b) defines employee exposure this way so monitoring and limits reflect the airborne concentration without reliance on respirators.

• When you measure and compare to the action level or PEL, treat the measured exposure as if no respirator were in use.

Objective data must closely resemble—or be more conservative than—your workplace conditions, including processes, materials, controls, work practices, and environmental conditions, so it accurately characterizes exposures. The standard defines ‘‘objective data’’ and states the data must reflect workplace conditions closely resembling or with a higher exposure potential than your operations (see 1910.1053(b) and the general standard text at 1910.1053).

• Do not rely on objective data from a process, material, or work practice that is less hazardous or uses better controls than your workplace unless you can document equivalency.

When exposure assessment shows employee exposure above the PEL, the employer must describe in the written notification the corrective action being taken to reduce exposure to or below the PEL. 1910.1053(d)(6)(ii) requires that the written notice include a description of the corrective actions.

• Include planned engineering or work practice changes, interim controls, schedules, and any respirator use required while corrective actions are implemented.

Samples must be analyzed using the procedures specified in Appendix A to the standard, and employers must ensure a laboratory following those procedures evaluates all samples used to satisfy monitoring requirements. The rule states that employers shall ensure samples taken to satisfy paragraph (d) monitoring requirements are evaluated by a laboratory that analyzes samples in accordance with Appendix A (see 1910.1053(d) and 1910.1053(d)(5)).

• Use laboratories experienced with the Appendix A analytical methods to ensure reliable silica concentration results.

Employers determine whether work is 'construction' by applying the definition in 29 CFR 1910.12(b); if the work falls under that construction definition, silica exposures are covered by 29 CFR 1926.1153 rather than 1910.1053. See 1910.1053(a)(1)(i) and the construction definition in 1910.12(b).

• If in doubt, review 1910.12(b) and 1926.1153 to confirm applicable coverage.

Yes — if the task is indistinguishable from a construction task listed on Table 1 of 1926.1153(c) and the task will not be performed regularly in the same environment and conditions, the employer may comply with the construction standard instead of 1910.1053. See 1910.1053(a)(3)(i)–(ii).

• ‘‘Indistinguishable’’ means the work, materials, and exposures are the same as the listed construction task; document the basis for using 1926.1153 if you rely on this provision.

The written exposure control plan must describe the tasks with silica exposure, the controls and respirators used for each task, and the housekeeping methods to limit exposure. See 1910.1053(f)(2)(i)(A), 1910.1053(f)(2)(i)(B), and 1910.1053(f)(2)(i)(C) for the specific elements required.

The employer must review and evaluate the written exposure control plan at least once a year and update it as necessary. See 1910.1053(f)(2)(ii).

• Update sooner if changes in tasks, controls, equipment, or monitoring show the plan is no longer effective.

The employer must make the written exposure control plan readily available for examination and copying to each covered employee, their designated representatives, the Assistant Secretary, and the Director. See 1910.1053(f)(2)(iii).

• "Readily available" means employees can review it at no cost and within a reasonable time frame.

When abrasive blasting involves crystalline silica in the blasting agent or in the substrate, employers must also comply with standards such as 29 CFR 1910.94 (Ventilation) and 29 CFR 1915.34 (Mechanical paint removers) where applicable. See 1910.1053(f)(3).

• Also consider personal protective equipment requirements in 1915 Subpart I if blasting is in maritime or shipyard contexts.

Respirators are required when exposures exceed the PEL during installation of controls, when controls are not feasible for certain tasks, when all feasible controls leave exposures above the PEL, and whenever an employee is in a regulated area. See 1910.1053(g)(1)(i), 1910.1053(g)(1)(ii), 1910.1053(g)(1)(iii), and 1910.1053(g)(1)(iv).

• Employers must still use all feasible engineering and work-practice controls and add respirators only when those controls cannot get exposures at or below the PEL.

When respirators are required under the silica standard, the employer must establish a respiratory protection program that meets the full requirements of 29 CFR 1910.134, and as stated in 1910.1053(g)(2).

• The program must include fit testing, medical evaluations, respirator selection, training, maintenance, and recordkeeping as required by 1910.134.

Employers must use feasible engineering and work practice controls to reduce exposures to the lowest feasible level even if those controls alone cannot bring exposures down to the PEL, and must supplement them with respirators. See the requirement at 1910.1053(f).

• In short: always implement feasible controls first; use respirators as a supplement when necessary.

Dry sweeping and dry brushing are prohibited where they could contribute to respirable crystalline silica exposure unless those methods are not feasible. Employers must use wet sweeping, HEPA-filtered vacuums, or other methods that minimize exposure. See 1910.1053(h)(1).

• Use of HEPA vacuums or wet methods is the preferred housekeeping approach to avoid creating airborne silica.

Compressed air may only be used to clean clothing or surfaces where it could create silica exposure if it is used with a ventilation system that effectively captures the dust cloud or if no alternative method is feasible. See 1910.1053(h)(2), 1910.1053(h)(2)(i), and 1910.1053(h)(2)(ii).

• Employers should document why alternatives are not feasible if they rely on compressed air as an exception.

Employers must offer medical surveillance at no cost and at a reasonable time and place to any employee occupationally exposed to respirable crystalline silica at or above the action level for 30 or more days per year. See 1910.1053(i)(1)(i).

• Count calendar days of exposure; if an employee meets the 30-day threshold, they are eligible for the required medical exams.

The initial medical exam must include a medical and work history focused on respiratory exposures, a physical exam emphasizing the respiratory system, a chest X-ray read by a NIOSH-certified B Reader, pulmonary function testing (FVC and FEV1) by a NIOSH-certified spirometry technician, testing for latent tuberculosis infection, and any other tests the PLHCP deems appropriate. See 1910.1053(i)(2) and its subparagraphs 1910.1053(i)(2)(i) through 1910.1053(i)(2)(vi).

• Employers must ensure timing: the baseline exam is within 30 days of assignment unless the employee had a qualifying exam in the prior three years.

Employers must make periodic medical examinations available at least every three years, or more often if the PLHCP recommends it. See 1910.1053(i)(3).

• Follow the PLHCP's recommendations if they advise more frequent monitoring.

The employer must give the PLHCP a copy of the silica standard and information including the employee's duties and exposure levels, the PPE used (with duration), and relevant prior employment medical exam records under employer control. See 1910.1053(i)(4) and its subparagraphs 1910.1053(i)(4)(i) through 1910.1053(i)(4)(iv).

• Providing complete exposure and PPE records helps the PLHCP make informed medical judgments.

The PLHCP must explain the exam results to the employee and provide a written medical report to the employee within 30 days that states results, any conditions increasing risk from silica, and recommended respirator or exposure limitations. The PLHCP must also give the employer a written medical opinion within 30 days containing the exam date, a statement that the exam met the standard, and any recommended respirator limitations; with the employee's written authorization, the opinion may include exposure limitations or specialist referral recommendations. See 1910.1053(i)(5) and 1910.1053(i)(6).

• Employers must give employees copies of the PLHCP's employer-directed written opinion within 30 days as required by 1910.1053(i)(6)(iii).

If the PLHCP indicates a specialist exam is needed, the employer must make a specialist exam available within 30 days and provide the specialist with the same employer information required for the PLHCP. See 1910.1053(i)(7)(i) and 1910.1053(i)(7)(ii).

• The specialist must explain results to the employee and provide written reports within 30 days as required by 1910.1053(i)(7)(iii).

Employers must include respirable crystalline silica in their HazCom program by ensuring workers have access to labels and safety data sheets and by training employees per 29 CFR 1910.1200 and silica-specific training in 1910.1053(j)(3).

• Make labels and SDSs available and train workers on the health hazards and protective measures.

Employers must post signs at all entrances to regulated areas that read: DANGER RESPIRABLE CRYSTALLINE SILICA MAY CAUSE CANCER CAUSES DAMAGE TO LUNGS WEAR RESPIRATORY PROTECTION IN THIS AREA AUTHORIZED PERSONNEL ONLY, as required by 1910.1053(j)(2).

• Ensure signs are legible, visible, and posted at every regulated-area entrance.

Silica training must cover the health hazards (including cancer and organ effects), specific tasks that can create exposure, protective measures (controls, work practices, respirators), the contents of the silica standard, and the medical surveillance program. See 1910.1053(j)(3)(i)(A)–(E).

• Training must be understandable to employees and allow them to demonstrate knowledge and understanding.

Yes; employers must make a copy of 1910.1053 readily available at no cost to each employee covered by the section, as required by 1910.1053(j)(3)(ii).

• "Readily available" means employees can access and review the standard without charge and within a reasonable time.

Yes; when exposures exceed the PEL during the time needed to install or implement feasible engineering and work-practice controls, respirators must be provided and used. See 1910.1053(g)(1)(i).

• Employers should plan control implementation to minimize the duration of higher exposures and provide appropriate respirators following 1910.134.

Chest X-rays must be interpreted and classified by a NIOSH-certified B Reader, and pulmonary function tests must be administered by a spirometry technician with a current certificate from a NIOSH-approved spirometry course, as required by 1910.1053(i)(2)(iii) and 1910.1053(i)(2)(iv).

• Employers should verify credentials when arranging medical surveillance services.

Employers must record specific details for each exposure measurement, including date, task, methods, sample results, lab identity, PPE used, and employee names/classifications. Specifically, 1910.1053(k)(1)(ii) requires at least the following items be included in the exposure record:

• The date of measurement for each sample taken
• The task monitored
• Sampling and analytical methods used
• Number, duration, and results of samples taken
• Identity of the laboratory that performed the analysis
• Type of personal protective equipment, such as respirators, worn by the employees monitored
• Name and job classification of all employees represented by the monitoring, indicating which employees were actually monitored.

These elements support interpretation of results and future compliance decisions and stem from the recording requirement in 1910.1053(k)(1)(i).

Employers must maintain and make exposure and objective-data records available in accordance with OSHA's records access standard, 29 CFR 1910.1020. In particular, 1910.1053(k)(1)(iii) says exposure records must be maintained and made available in accordance with 29 CFR 1910.1020, and 1910.1053(k)(2)(iii) requires the same for objective data.

• Follow 1910.1020 for how long records must be retained and how employees or their representatives may access them.
• Keep records organized so you can promptly provide required information when requested by employees, former employees, their designated representatives, or OSHA, per 1910.1020.

If an employer relies on objective data to comply with the silica rule, they must keep records that describe the material, data source, testing protocol/results, the process/task, and any other relevant information. 1910.1053(k)(2)(ii) requires at least the following information be included:

• The crystalline silica-containing material in question
• The source of the objective data
• The testing protocol and results of testing
• A description of the process, task, or activity on which the objective data were based
• Other data relevant to the process, task, activity, material, or exposures on which the objective data were based.

Also remember that objective data used to demonstrate compliance must be maintained and made available under 1910.1053(k)(2)(iii) and 1910.1020.

Employers must keep a medical record for each employee covered by medical surveillance that includes the employee's name, copies of written medical opinions, and the information provided to the examining healthcare providers. Specifically, 1910.1053(k)(3)(ii) requires these items:

• Name of the employee covered by medical surveillance
• A copy of the PLHCPs' and specialists' written medical opinions
• A copy of the information provided to the PLHCPs and specialists.

Medical records must be maintained and made available consistent with 1910.1020, as required by 1910.1053(k)(3)(iii).

Monitoring records must identify the type of personal protective equipment, including respirators, that the monitored employees actually wore. 1910.1053(k)(1)(ii)(F) requires employers to record the type of PPE (for example, the respirator model or class) used by the employees who were monitored so that exposure results can be correctly interpreted and protective measures evaluated.

• Include enough detail to identify the respirator or PPE (e.g., NIOSH-approved model, cartridge type, or powered air-purifying system) so decisions about controls and medical surveillance can be based on actual protection worn.

Most obligations under the silica standard became effective June 23, 2018, but hydraulic fracturing operations have special delayed dates for some requirements. 1910.1053(l)(2) states that, except as provided in paragraphs (l)(3) and (l)(4), all obligations commence June 23, 2018. For hydraulic fracturing operations the rule provides:

• 1910.1053(l)(3)(i) — All obligations except engineering controls in 1910.1053(f)(1) and certain medical surveillance begin June 23, 2018.
• 1910.1053(l)(3)(ii) — Engineering control obligations for hydraulic fracturing commence June 23, 2021.
• 1910.1053(l)(4) — Medical surveillance obligations for employees exposed above the PEL 30 or more days/year commenced on June 23, 2018; for employees exposed at or above the action level 30 or more days/year they commenced June 23, 2020.

These special timing provisions are intended to give the oil and gas hydraulic fracturing sector additional time to implement certain engineering controls and medical surveillance requirements.

Yes—an employer may rely on objective data to comply, but must make and maintain accurate records of that objective data and make them available under the records-access rules. 1910.1053(k)(2)(i) requires employers to make and maintain an accurate record of all objective data relied upon to comply, and 1910.1053(k)(2)(iii) requires those objective data be maintained and made available in accordance with 1910.1020.

• If you rely on objective data, include the elements listed in 1910.1053(k)(2)(ii) (material, source, testing protocol/results, process/task description, other relevant data).
• Keep those records organized and ready for employee access requests or OSHA inspection as required by 1910.1020.

Exposure records must identify the laboratory that analyzed the samples. 1910.1053(k)(1)(ii)(E) requires the record to include the identity of the laboratory that performed the analysis so results can be verified and chain-of-custody questions addressed.

• Record the laboratory name and contact information, and retain any lab reports and methodologies as part of the exposure record, consistent with the sample-method information required in 1910.1053(k)(1)(ii)(C).