The Legal Challenge to OSHA’s Crystalline Silica Rule


The recently finalized workplace exposure standard for crystalline silica poses significant challenges to the metalcasting industry. The coming year will require dual efforts from the industry to try to come into compliance while asking for a more workable rule. A MODERN CASTING STAFF REPORT


I 25 µg/m3


n March 2016, the U.S. Occupational Safety & Health Administration (OSHA) final- ized a new regulatory structure


for the control of crystalline silica, including significantly reducing the silica permissible exposure limit (PEL) and action level. Silica (quartz) is one of the most com- mon minerals on earth and found in countless products. It is essential for manufacturing, particularly for metalcasting, construction, brick making, and oil and natural gas. The U.S. metalcasting industry uses mil- lions of tons of silica sand per year in the production of metal castings. Te new rule reduces the permissi- ble exposure limit (PEL) for respirable crystalline silica to 50 micrograms per cubic meter (µg/m3


) of air, averaged


over an 8-hour shift—half the current maximum for general industry. In addition, OSHA sets an action level of


30 | MODERN CASTING June 2016 , which triggers an employer


requirement to conduct air monitoring and other mandates. Te new rule will require foundries to implement extensive engineering and workplace controls to limit silica exposure over other available technol- ogy. Outside economists estimated compliance with the rule will require a substantial investment of at least $1 million dollars per plant. Te standard for general industry will take effect June 23, 2016; however, metalcast- ers will have two years to come into compliance with most obligations of the silica rule starting June 23, 2018. What does compliance with the


new PEL mean? Te distribution of exposure levels is log normal, meaning with a mean exposure level at the new standard, metalcasters would still have half of their exposures exceeding the PEL. For an 84% confidence of com- pliance, metalcasters would actually have to reach a mean exposure level of


20 µg/m3 (10 µg/m3 to achieve 95%


confidence). To achieve this clean room level of exposure, metalcasters will have to minimize sweeping and compressed air (dust from a compressed air gun may stay suspended for days), incorpo- rate thorough cleanings, limit traffic, pay close attention to sand spills and leaks, and incorporate other environ- mental controls. Metalcasting facilities also will


have to dedicate resources for expo- sure assessment, which will include sampling, recordkeeping and supplying information to medical practitioners. Metalcasters have argued the esti- mated costs OSHA includes in its rule are significantly lower than what actual costs will be. For example, in the stan- dard, OSHA estimated incorporating a HEPA vacuum to remove dust with a 15-gallon vacuum, the size of a shop vac at a $3,633 initial cost. Te Ameri- can Foundry Society (AFS) estimated


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