Regulating the Countertop Industry: Make Your Voice Heard

The proposed change in the silica dust exposure limits by the Occupational Safety and Health Administration (OSHA) that was announced August 23, 2013 has been big news in the countertop fabrication industry, but it is not be too late to provide input. The open debate began on March 25 and is slated to run until April 1, so there is still time to have your voice heard.

Although the executive vice president of the Marble Institute of America (MIA) has stated that MIA considers itself partners with OSHA and strongly believes that safety in the workplace is of utmost importance, the organization is fighting against the proposed rule change. The MIA has also put together a comprehensive resource detailing how fabricators can educate themselves about the dangers of silica, how to prevent and control worker exposure, how to prepare for the rule change and how to prepare for a visit from OSHA.

The MIA has stressed that the ultimate success of this effort lies on the ability of those in the natural-stone industries to speak with a unified voice, and it appears that a new, yet possibly controversial, avenue to react to the change has just been presented by the National Institute of Occupational Safety (NIOSH) through the Centers for Disease Control (CDC).

On March 18, an article detailing the hazards of silica specifically from engineered stone countertops was published by NIOSH on the CDC website. This was the same date that hearings on the proposed silica rule change opened. The article details how silica exposure may lead to the incurable disease silicosis, but it has also given fabricators fuel for the debate and presented an invitation to help the them and OSHA learn more about how silica exposure is currently being handled.

While the seriousness of silicosis cannot be argued, the article only cites studies conducted in Spain and Israel, and the NIOSH admits, “No reported cases of silicosis in the U.S. have been linked to quartz surfacing materials.” However, several recent OSHA inspections have documented overexposures from both natural stone and engineered stone fabrication facilities. It is these overexposure reports that have led the MIA to call upon all fabricators to ensure that they comply with the standards according to the law. If fabricators can show that they are taking the proper precautions, the administration will be more apt to delay or halt the proposed change.

In addition, the NIOSH has issued a statement admitting that very little is known about how the quartz countertop segment of the industry is dealing with the hazard of silica exposure. It is calling for quartz fabricators to voluntarily submit a request for a Health Hazard Evaluation (HHE) so that the hazard can be more closely studied in a state-of-the-art fabrication facility.

At present, it is unknown whether any fabricators have stepped up to the task, but if none have so far, it is quite understandable why they haven’t. No one wants to invite a wolf inside his or her home, but this may be an opportunity for the quartz countertop industry to show that adequate measures are already in place and are very effective. This could show the government that the countertop industry can regulate itself and protect its workers without the need for further or stricter regulations.

While many would be inclined to believe that inviting the NIOSH into their facilities is an invitation for trouble, the possibility does exist that this may benefit the company and the industry as a whole. We are interested to hear the opinions of quartz fabricators about volunteering for HHEs and the possible benefits and drawbacks of voluntarily submitting to an evaluation. For further information, fabricators may visit the HHE program Web page.

In addition, fabricators should be aware that there is still time to enter public opinions on the matter and that post-hearing comments may be made up to 45 days after the public hearings have transpired. For more information on how to voice your opinion on the matter, visit the OSHA Web page on silica and click on the tab labeled Public Participation. Also, feel free to comment on this blog page or email us at [email protected] to provide us with feedback on this important issue.