Industrial Hygiene in Construction

Yes. If you are in construction, I recommend it. Here’s why:

First, the rules. OSHA does NOT have a specific construction standard for hearing conservation. Why does this matter? Well, the current OSHA rules state that if you have 1 day (that’s only one day) of average noise level above an average of 85 decibels A-weighted (dBA), called the Action Limit, you are required to start a program. Obviously noise levels vary on construction jobsites. I’d guess that most projects have at least one day of levels above 85dBA’s.

And, these particular OSHA rules are terrible. Well, they are terrible if you care about your hearing. (see my earlier post). The rules are simply not protective enough. If you are exposed to noise for 8-hours a day at 90 dBA (the OSHA average exposure limit) you WILL have hearing loss (this is without hearing protection). Does that seem like a very protective rule?  I’ve heard talk about them changing it, but…I doubt it will ever happen.

Second, let’s consider cost vs. reward. To start a hearing conservation program you must measure your employees hearing , called audiometric testing (and do a few other things). It costs approximately $20/employee to do this per year. Compare this with the average claim (of hearing loss) cost of around $20,000. So, if you have 20 employees, and it costs you $400/year…it takes about 50 years to pay yourself back for NOT starting a program. ($20,000/400= 50 years)

Third, consider your employees. Having their hearing checked may seem like a hassle and a worthless exercise, but, some will appreciate it. I’ve found that employees like to know how they are hearing. It’s good if your employer cares how well you hear. It’s also a yearly reminder in hazard awareness to noise.

Because in construction, we know there’s noise!

If you’re dead-set on NOT having a program, you’ll need documented noise dosimetry for each employee, job task, and possible overexposure above 85 dBAs. It is possible  for a construction company to avoid having a program, but you have the burden to prove there isn’t noise. Call your favorite industrial hygienist for help.

As I have said in an earlier post, some OSHA, EPA, and MSHA rules are a good fit. They blend well with health research, scientific technology, good practices, and a low-cost-of-compliance for employers. Other rules are just bad. They are  totally out of date, not protective enough, or just not feasible/practical. Here’s my plug for a good safety manager/industrial hygienist – A good one will know which rules/guidelines to follow.

The New York Times (July 19, 2012, Cara Buckley) recently wrote an article on the US noise standards which are not protective enough for employees. In construction we also have three additional problems.

1. hearing loss is expected (or at least assumed in certain fields – carpenters, sheetmetal, ironworkers, etc.) and,
2. work shifts are usually over 8-hours. Noise exposure is usually calculated on an 8-hour time weighted average. During the busy months, an 8-hour work day is rare. It’s at least 10, maybe 12-14 hours. This doesn’t allow your ears to “rest” between shifts. For more information on extended work shifts go here.
3. extracurricular activities contribute to overall hearing loss – my point is that most construction workers don’t sit at home at the end of their shift. Almost everyone I know in construction is involved in one of these activities: hunting, shooting, motorcycles, water sports, yard work, cars, wood working/cutting, concerts, music, etc. Each of these activities contribute to their overall hearing loss, and again, doesn’t allow your ears to “rest”.

…which reminds me that I need to keep a set of ear plugs in my motorcycle jacket.

On occasion, owners say they just want to do the minimum to be in compliance with OSHA. Most times this is due to lack of understanding.

For some rules OSHA’s standard is right on the money. Take, for instance, lead (leaded paint) exposure. They have specific rules and guidelines that, if followed, keep virtually everyone protected*. The trouble is that some of OSHA’s rules have not been updated since 1973. New research and industry practices have found these levels to be unsafe even at current standards and exposure limits (PELs).

So, how do you know if the OSHA standards are current?

The quick answer is, you don’t.

Good safety professionals and industrial hygienists study the standards, recommended guidelines, and occupational limits worldwide.  In the US, the American Conference of Governmental Industrial Hygienists (ACGIH) provides the most current best practices. However, there are other methods and standards for specific hazards. ANSI, AIHA (although getting more dated due to lack of funding), European OELs (occupational exposure limits), and others.

It is rare that an employer knowingly exposes employees to a hazard. On the other hand, ignorance isn’t acceptable either….which might be the best reason for OSHA to be in existence. I wish they would spend more money on resources, information and training.  Consult your safety professional!

*recently there is some discussion about low level lead exposure to children

This question, at times, can really make a difference with how you proceed. Where you get your information, and, more importantly, who provides the information is essential. Not only for compliance, but also for how your employees are protected.

Unfortunately, the answer is often complicated.

To address this question, the answer is YES. They all might overlap depending on what you are doing, and in what situation. I will attempt to briefly summarize when each specific rule or standard might apply.

• OSHA – if you have employees and they work for you – you must comply. Sometimes each state (Washington, California, Oregon all have their own) may have a specific rule that enforces a bit differently, but Federal OSHA is the minimum rule.
• MSHA – if you are operating in a mine (surface or underground) they have jurisdiction. Your shop may (or may not) be in their umbrella.
• ACGIH – If they are referenced, it is usually a good practice to follow their rules. Look specifically at the date of the information. ACGIH updates their information yearly and is protective of the employee. Follow these rules if at all possible.
• AIHA – Another good recommended source of information (like ACGIH). However, they just announce they will not be updating (due to funding) their WEELs and BEELs.
• State rules – Occasionally, or more likely, depending on the specific issue, states will make specific rules. The Department of Human Services or similar will provide protective rules for the public. This may be an issue if your are working on a public project, or where small children, HUD, or other specific situations arise.
• Local rules – Similar to the state rules, sometimes a city will make rules to protect it’s citizens. Being active in the local community is the easiest way to find these rules. Searching through the local city or county rules is a chore, but may reveal some obscure rules.

Finally, at more importantly, why are we looking at rules?

I would suggest focusing on employee health, employee concerns, best practices, and available data to best help our employees. They perform their jobs for a long duration in the day. They usually have the answer, or the best suggestion for fixing it…if we would listen.

Whom enforces the rules?

Based upon my previous post, and my reference to  MSHA (Mine Safety & Health Administration),  I realized I should back up a bit and explain why MSHA matters. The differences of who is regulating the site is subtle, confusing, and terribly important. Given the right cirumstances, all 3 could be at one location with a different boundary-line. And there are others too…

• MSHA– Mine Safety & Health Administration.   It is clear that if you are working in a shaft mine, they are the ones who regulate you. However, the not-clear part is if you own a rock crusher and occasionally decide to crush some rock. MSHA jurisdiction if you sell the rock. If you crush it onsite, and leave it for your own use, then it might be OSHA. In Oregon, most of the MSHA activity is through metal/non-metal surface mines.

• Federal OSHA – Occupational Safety & Heath Administration. Governs anyone who is an employee (who has employees)  So what do they do? They enforce, help, govern, provide assistance for employees. In some states, Federal OSHA doesn’t control your state because many states have their own state-run OSHA which does these tasks. Some states without a state-run OSHA are: Idaho, Colorado, Texas.  Federal OSHA classifies the ares into regions. (Idaho is region 10) I’m not an attorney, but I’ve heard that if you are an owner (or in some cases there can be multiple owners) and are not paid hourly, and don’t have any employees, OSHA does NOT have jurisdiction.

• State OSHA – (aka Oregon-OSHA, L&I (Labor & Industries -Washington), CAL/OSHA (California), Arizona (Industrial Commission of Arizona) These states (and others) have their own state-run OSHA program. The states are required to adopt the Federal OSHA regulations so they can be “at least as effective as” Federal OSHA. Some states have more-stringent rules. This is fine as long as it is as-protective-as the Federal rules.  An interesting fact is that in Oregon there are tribal Indian lands. Even though we have a state-run program, Federal OSHA has jurisdiction if you are working on that land. Another example of this is railroads.

• Others – Now, there may be other rules and regulations depending on where you are working and what substances you are handling. There is the Department of Transportation (DOT). City rules, Housing and Urban Development (HUD).

• Other-Others – To make it more-confusing, these are just the “rules”. There are many, and I would argue, better, resources for the most-protective guidance in employee health & safety. Some of these examples are: American Conference of Governmental Industrial Hygienists (ACGIH), American National Standards Institute (ANSI), and National Institute of Occupational Safety & Heath (NIOSH), among others.

My opinion is the rules should be secondary to this:  Are your employees safe? If we are protecting them, the rules are only a start.