In Texas, there is a hamburger chain known as Whataburger. Their advertising slogan is “Home of the Whopper.” I contend this is false advertising. I contend the real “Home of the Whopper” is the Obama Administration and whatever they happen to be selling. In this case, it’s OSHA’s proposed new “silica standard.” Funeral homes, you take a breather on this one. To monument shops and granite counter top businesses, you are in the cross-hairs.
First, there is the question of process, need, and benefit. The process is very clear. OSHA’s review process went on for more than two years. By law, it cannot exceed 120 days. Jeopardy question for the Obama Administration: What is Law?
On need, the National Industrial Sand Association advocates exposure monitoring and medical surveillance. They claim cutting the PEL by 50 percent was unnecessary. The American Industrial Hygiene Association, a neutral player that will participate in OSHA’s 90 day comment period, already had one hearing that was attended by over one hundred business types. They are saying whatever happens will be a long time in the making, and that means years, not months.
On benefits, OSHA claims the old PEL has resulted in 146-193 occupational deaths annually in general industry and 284-1,059 annually in construction and shipyards. Offsetting that benefit, OSHA estimates the cost of the new standard for business will be $637 million annually. The American Chemistry Council estimated in 2011 that lowering the PEL and ancillary provisions to the silica standard would be $5.1 billion per year, or eight times the OSHA estimate. I believe the OSHA cost estimate is a Texas sized “Whopper.”
As you might expect, businesses are already starting to organize on one side or another. You can call it union and business, but that is not as distinct as it once was. Construction unions may have concerns if the regulations are too strident. On the other hand, the climate control and global warming groups have no cost inhibitions. No industrial regulation is too much. Can’t we all just eat tofu and spare the cockroaches?
In order to have a good fight, you have to have money on both sides. One ally that monument shops and granite countertop business have is the fracking industry. That is the booming oil industry that is about to eliminate our dependence on foreign oil. Their funding sources will be worldwide. All oil producers have a stake in this fight. Small businesses may get requests for funding, but whatever is contributed will be insignificant.
The proposed standard does not prohibit silica for use in abrasive blasting. When a wetting agent is not available as an engineering control, respirators would be required if monitoring levels exceed the recommended PEL. OSHA did not mandate a written program. They did mandate silica, if present in the workplace, be included in hazard communications training. I’ll provide periodic updates throughout the hearing process.