Here's what Washington contractors should know about silica compliance.
You’ve probably been hearing a lot about new silica rules and here is what you need to know as a contractor in Washington.
Presently, OSHA's silica rule is final and enforceable. Washington’s rule is fully promulgated but in the implementation phase, so construction employers are not required to be in full compliance until October 1, 2018.
In the meantime, employers should focus their efforts on employee training, exposure evaluations and engineering controls. Many activities are covered by Table 1 (see below) and that is a great place to start the evaluation process.Do not assume, however, that all your work is in Table 1.
In a letter released in September of 2017, OSHA stated that there would be a thirty-day grace period in which enforcement activities will still take place but citations will not be written if the employer is showing “good faith efforts” to comply. But these rules only apply to OSHA jurisdiction. In Washington, we have just begun the rulemaking process.
• Our rule will be adopted in December and have an effective date of January or February.
• Public hearings on our draft rule will take place in November. Stay tuned for updates as soon as we know dates, we will share.
• Some portions of the Washington rule will have a staggered enforcement, meaning that some elements of the rules here will not be enforced until as late as next fall.
• You should be looking at your policy and training on silica to be sure that you are ready. Here are some helpful resources:
- If you do not have a written plan, this online tool will help you build your plan and also has some training materials.
- If you want to better understand the main method of compliance with the rules, following Table 1, you can view the Laborer’s Health & Safety Fund page that has a great visual representation of the table requirements.
As always, once Washington State has a final draft of the rule language to work with, we will offer training resources, Toolbox Talks and policy help. In the meantime, remember that work within OSHA's jurisdiction (federal installations, over navigable waterways, etc.) should already be compliant with the federal Respirable Crystalline Silica Program.
Another great resource for worker education on silica exposure was created by University of Washington and industry partners, such as AGC and its members. Click here to access that information from 2014.
Stay tuned for a sample policy and new guidelines on sampling and data collection.
We're here to help, so let us know if we can be of service!
Contact Mandi with questions on silica or other rules.