by Kenneth A. David, Esq.

OSHA recently proposed stricter regulations related to exposure to silica dust at construction sites. Exposure to toxic levels of silica dust which cause scar tissue in the lungs (silicosis) can occur in activities such as cutting or grinding concrete or drywall finishing. Exposure can also occur in large-scale excavation and rock breaking, in other tasks that involve jackhammers and blasting, or in removing paint and rust from bridges, tanks and concrete structures. In general, there are health risks associated with low level exposure over 15-20 years, high level exposure over 5-10 years, or intense exposure for as little as a few months to 2 years.

This new regulation would be the first revision to the standard since 1971 with the goal of reducing worksite exposure which can be deadly. Employers may be required to provide employees with personal respirators when other steps cannot reduce the airborne levels sufficiently.

OSHA is in the public comment period now which precedes the regulation becoming final. Business Insurance reported that the impact of these new regulations is most likely to hit small to medium size businesses as larger businesses already have environmental controls in place.