III. What Is to Be Done?

39
@
t pays to be ahead of the crowd. Thats
one lesson from Californias approach
to silica dust.The states unique
regulation focuses on work practices
and controls, making it easier for many
employers to reduce silica levels, and for Cal/
OSHA inspectors to cite them if they dont.
These days, a construction worker working
around silica dust is more likely to develop
chronic obstructive pulmonary disease
(COPD), rather than silicosis. This contrasts
with the acute silicosis deaths of about 1,500 workers
who worked on the Hawks Nest Tunnel at Gauley
Bridge, West Virginia in the early 1930s.
Over the years, studies, reports, recommendations,
and investigations have documented both silicas
hazards and prevention practices.
So its hard to believe that silica still is dismissed
as just dust. Its hard to believe that workers still
get lung diseases and die because of working around
silica. And its hard to believe that workplace practices
still do little to reduce or prevent workers breathing
the dust or taking it home to their families on work
clothes.
Silica was a big issue when the Occupational Safety
and Health Act and the mining health and safety law
were passed in the early 1970s. Forty-some years later,
the White House has sat on a federal OSHA proposal
for a more modern silica regulation put forward
more than two years ago. In 2012, health and safety
advocates, unions, and their allies organized petitions
and letters to the White House, wrote reports about
the need for new rules, and put pressure on OSHA,
Congress, and others to get the proposed standard out
the door.
California didnt wait for the federal law to change.
After lots of pressure from unions and public health
advocates, it passed a regulation in 2008 that focuses
on better work practices and controls. Usually,
regulations about toxic substances lower Permissible
Exposure limits (PELs)limits for how much of it
can be in the air that workers breathe.
The dust control regulation (Section 1530.1 in the
states health and safety regulations) took a more direct
route. Performance-based rather than prescriptive, it
simply states that in operations where powered tools
or equipment cut, grind, core, or drill concrete or
masonry materials, there must be a system to
effectively reduce dust getting in the air.
The only way around this is for the
employer to do air measurements that show
the task does not result in workers breathing
more than the PEL. However, the worst
kept secret is that, in general, employer-
conducted air sampling is on the decline and
Dcn't Let SiIica Dust Ycu!
Calilornia's Rules Show a DillerenL RouLe Lo SLop Hazards
N?8KJJ@C@:86
Silica usually is lound in concreLe and masonry producLs
(e.q., brick, block, morLar, naLural or manulacLured
sLone, Lile, and Lerra coLLa). 1he crysLalshaped Lype is
mosL danqerous. 1he dusL comes lrom cuLLinq, qrindinq,
pulverizinq, and mixinq Lhese kinds ol maLerials. Nearby
workers and Lhe public can breaLhe iL, Loo. "1ake home"
dusL can harm lamily members.
N?8K;F<JJ@C@:8;LJK:8LJ<6
BreaLhinq in Lhe dusL leads Lo healLh problems, mosLly in
Lhe respiraLory sysLem. lnhalinq crysLalline silica can cause
lunq diseases such as silicosis (a scarrinq ol Lhe lunqs),
pulmonary Luberculosis, and chronic obsLrucLive pulmonary
disease (COPD). lL also causes cancer and, in uranium mines,
may increase Lhe odds ol qeLLinq cancer.
40 Dying at Work in California: The Hidden Stories Behind the Numbers
very little of it is done in construction. With budget constraints
(and the 2013 sequestration), Cal/OSHA doesnt have the staff to
do the eight-hour sampling required to be able to determine if the
PEL has been exceeded.
Many of the states contractor industry leaders, unions, and tool
manufacturers embraced the change to treat silica dust seriously.
They worked to identify methods, tools, and equipment that trap
the dust and/or wet it down before workers can breathe it or get it
on their clothes. They have held trainings and seminars to educate
their members or workers.
The pictures show the results. Silica dust controls do work.
N?FNFIBJN@K?
J@C@:86
ConsLrucLion workers are mosL
likely Lo work wiLh silica. When
Lhey use power Lools Lo cuL, qrind,
core, or drill concreLe or masonry,
Lhey are likely Lo be surrounded by
clouds ol silica dusL. Dry cleaninq
meLhods (e.q., reqular sweepinq)
can sLir up Lhe dusL. lndusLrial
painLers and people cleaninq
brick buildinqs deal wiLh silica in
abrasive sandblasLinq. OuLside
consLrucLion, oLher indusLries/
Lasks where workers are exposed
Lo silica include:
mininq or Lunnelinq,
quarryinq (e.q., drillinq,
crushinq sLone, chippinq, or
qrindinq),
qrindinq or polishinq poLLery,
loundry work and blasL
lurnaces,
cemenL and qlass
manulacLurinq,
cuLLinq or manulacLurinq heaL
resisLanL bricks, and
denLal laboraLory Lechnicians
(iL's in denLures and oLher
devices).
Frackinq, or hydraulic lracLurinq
is becominq more common across
Lhe UniLed SLaLes, includinq
Calilornia. lL uses silica sand
in drillinq lor naLural qas. 1his
ma|or new hazard Lo workers
and communiLies led Lo a 202
hazard alerL lrom Lhe lederal
OccupaLional SaleLy and HealLh
AdminisLraLion (OSHA) and Lhe
NaLional lnsLiLuLe ol OccupaLional
SaleLy and HealLh (NlOSH).
III. What Is to Be Done? 41
Based on a 2011 survey of construction industry
stakeholders, recommendations made included:
Pre-construction planning that includes dust
control. Dust controls will be used more often,
and with greater ease, when pre-construction
project planning requires use of the dust
reduction tools and equipment, or less toxic
substances. Property owners and those project
designers/planners can inuence this.
Education focused on smaller and medium-size
contractors. More targeted education will help
smaller contractors. It can come from dust control
tool makers sales representatives, contractors
organizations, workers compensation staff, Cal/
OSHA, the California Department of Public
Health, and construction unions.
More Cal/OSHA enforcement, especially for
small and medium-size contractors. Citations set
the tone about expectations and can force change.
Selective enforcement will motivate the reluctant
small and medium-size (SME) contractors to
use dust controls. SME contractors need special
attention in both education and enforcement.
Better tool design and exibility. Users say the
tools to reduce dust can be poorly designed. Some
block workers line of sight, so they cant use the
dust control systems properly and see what theyre
cutting. Dust attachment systems also are difcult
to maneuver. Tool manufacturers need to involve
trades workers when they modify tools and design
dust controls.
Some great new resources can help contractors,
unions, and workers nd solutions for better silica
dust control practices. Check out the Center for
Construction Research and Training (CPWR) website
about silica dust control solutions at http://www.
silica-safe.org. Federal OSHA has new tool-specic
dust control fact sheets in English and Spanish at
http://www.osha.gov/dsg/topics/silicacrystalline/
construction.html. Finally, good research studies
about controlling silica dust exposure also are available
(http://www.silica-safe.org/whats-new/research).
These photos courtesy of the NJ Department of Health and Senior
Services NIOSH-funded Silicosis Surveillance Project and CPWR:
Center for Construction Research and Training.
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Workers Memorial Day
April 28, 2013
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WORKSAFE
safety, health, and justice for workers
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1his is Worksale's Lhird annual reporL on workplace healLh and saleLy in Calilornia, released in
con|uncLion wiLh Workers Memorial Day. UnlorLunaLely, Lhe sLory hasn'L chanqed much.
Hundreds ol men and women in Calilornia died belore Lheir Lime in 202, |usL because Lhey wenL
Lo work. 1ens ol Lhousands more were in|ured, qoL sick, or came down wiLh a chronic disease, |usL
because Lhey need Lo earn a livinq Lo supporL Lhemselves and Lheir lamilies.
1his reporL is dedicaLed aqain Lo all Lhose workers and Lheir lamilies, coworkers, and communiLies
who pick up Lhe pieces alLerwards.
We also would like Lo acknowledqe our Lhanks Lo Lhose who provided quidance and/or conLribuLed
inlormaLion and maLerials used in Lhis reporL. 1his includes:
Cal/OSHA sLall
Calilornia Rural Leqal AssisLance FoundaLion
JonaLhan Shapiro
Madeline Barab
OccupaLional HealLh Branch ol Lhe Calilornia DeparLmenL ol Public HealLh
SouLhern Calilornia CommiLLee lor OccupaLional SaleLy and HealLh (SoCalCOSH)
UC Berkeley's Labor OccupaLional HealLh Proqram
UCLA Labor OccupaLional SaleLy and HealLh
UniLed SLeelworkers union Local 5, and
oLher lndividual healLh and saleLy pracLiLioners and advocaLes.
We also wanL Lo Lhank our paLienL qraphic desiqner, Yvonne DayRodriquez. We couldn'L have done iL
wiLhouL her.
NFIBJ8=<
55 Harrison SLreeL, SuiLe ^00
Oakland, CA 9^607
www.worksale.orq
worksaleworksale.orq
(50) 30202
Cail BaLeson, LxecuLive DirecLor
Rick Kelley, AdminisLraLive AssisLanL
Nicole Marquez, SLall ALLorney
Sophie Noero, Proqram AssisLanL
Jora 1ranq, Manaqinq ALLorney
DoroLhy Wiqmore, OccupaLional HealLh SpecialisL