336312.......  Gasoline engine              810             876          66,112             345             373             373  ..............       30,440,351      37,580,680      34,749,259
                and engine
                parts
                manufacturing.
336322.......  Other motor                  643             697          62,016             323             350             350  ..............       22,222,133      34,560,082      31,882,544
                vehicle
                electrical and
                electronic
                equipment
                manufacturing.
336330.......  Motor vehicle                214             257          39,390             185             223             223  ..............       10,244,934      47,873,524      39,863,557
                steering and
                suspension
                components
                (except spring)
                manufacturing.
336340.......  Motor vehicle                188             241          33,782             149             191             191  ..............       11,675,801      62,105,323      48,447,306
                brake system
                manufacturing.
336350.......  Motor vehicle                432             535          83,756             382             473             473  ..............       31,710,273      73,403,409      59,271,538
                transmission
                and power train
                parts
                manufacturing.
336370.......  Motor vehicle                635             781         110,578             508             624             624  ..............       24,461,822      38,522,554      31,321,154
                metal stamping.
336399.......  All other motor            1,189           1,458         149,251             687             843             843  ..............       42,936,991      36,111,851      29,449,239
                vehicle parts
                manufacturing.
336611.......  Ship building                575             635          87,352             575             635           2,798  ..............       14,650,189      25,478,589      23,071,163
                and repair.
336612.......  Boat building...           1,066           1,129          54,705           1,066           1,129           1,752  ..............       10,062,908       9,439,876       8,913,116
336992.......  Military armored              47              57           6,899              32              39              39  ..............        2,406,966      51,212,047      42,227,477
                vehicle, tank,
                and tank
                component
                manufacturing.
337215.......  Showcase,                  1,647           1,733          59,080             317             334             334  ..............        8,059,533       4,893,462       4,650,625
                partition,
                shelving, and
                locker
                manufacturing.
339114.......  Dental equipment             740             763          15,550             399             411             411  ..............        3,397,252       4,590,881       4,452,493
                and supplies
                manufacturing.
339116.......  Dental                     7,028           7,261          47,088           7,028           7,261          33,214  ..............        3,852,293         548,135         530,546
                laboratories.
339911.......  Jewelry (except            1,760           1,777          25,280           1,760           1,777           7,813  ..............        6,160,238       3,500,135       3,466,650
                costume)
                manufacturing.
339913.......  Jewelers'                    261             264           5,199             261             264           1,607  ..............          934,387       3,580,028       3,539,346
                materials and
                lapidary work
                manufacturing.
339914.......  Costume jewelry              590             590           6,775             590             590           1,088  ..............          751,192       1,273,206       1,273,206
                and novelty
                manufacturing.

339950.......  Sign                       6,291           6,415          89,360             487             496             496  ..............       11,299,429       1,796,126       1,761,407
                manufacturing.
423840.......  Industrial                 7,016          10,742         111,198             250             383             383  ..............       19,335,522       2,755,918       1,799,993
                supplies,
                wholesalers.
482110.......  Rail                         N/A             N/A             N/A             N/A             N/A          16,895  ..............              N/A             N/A             N/A
                transportation.
621210.......  Dental offices..         119,471         124,553         817,396           7,655           7,980           7,980  ..............       88,473,742         740,546         710,330
                                ----------------------------------------------------------------------------------------------------------------------------------------------------------------
                  Subtotals--Ge         219,203         238,942       4,406,990          47,007          56,121         294,886  ..............    1,101,555,989       5,025,278       4,610,140
                   neral
                   Industry and
                   maritime.
                                ----------------------------------------------------------------------------------------------------------------------------------------------------------------
                  Totals--All         1,025,888       1,041,291      17,508,728         532,866         533,597       2,144,061         652,029   $2,649,803,698      $2,619,701      $2,544,729
                   Industries.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
a U.S. Census Bureau, Statistics of U.S. Businesses, 2006.
\b\ OSHA estimates of employees potentially exposed to silica and associated entities and establishments. Affected entities and establishments constrained to be less than or equal to the
  number of affected employees.
\c\ Estimates based on 2002 receipts and payroll data from U.S. Census Bureau, Statistics of U.S. Businesses, 2002, and payroll data from the U.S. Census Bureau, Statistics of U.S. Businesses,
  2006. Receipts are not reported for 2006, but were estimated assuming the ratio of receipts to payroll remained unchanged from 2002 to 2006.
\d\ State-plan states only. State and local governments are included under the construction sector because the silica risks for public employees are the result of construction-related
  activities.
\e\ OSHA estimates that only one-third of the entities and establishments in this industry, as reported above, use silica-containing inputs.
Source: U.S. Dept. of Labor, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis, based on ERG, 2013.

    As shown in Table VIII-3, OSHA estimates that a total of 533,000
entities (486,000 in construction; 47,000 in general industry and
maritime), 534,000 establishments (477,500 in construction; 56,100 in
general industry and maritime), and 2.1 million workers (1.8 million in
construction; 0.3 million in general industry and maritime) would be
affected by the proposed silica rule. Note that only slightly more than
50 percent of the entities and establishments, and about 12 percent of
the workers in affected industries, actually engage in activities
involving silica exposure.\9\
---------------------------------------------------------------------------

    \9\ It should be emphasized that these percentages vary
significantly depending on the industry sector and, within an
industry sector, depending on the NAICS industry. For example, about
14 percent of the workers in construction, but only 7 percent of
workers in general industry, actually engage in activities involving
silica exposure. As an example within construction, about 63 percent
of workers in highway, street, and bridge construction, but only 3
percent of workers in state and local governments, actually engage
in activities involving silica exposure.
---------------------------------------------------------------------------

    The ninth column in Table VIII-3, with data only for construction,
shows for each affected NAICS construction industry the number of full-
time-equivalent (FTE) affected workers that corresponds to the total
number of affected construction workers in the previous column.\10\
This distinction is necessary because affected construction workers may
spend large amounts of time working on tasks with no risk of silica
exposure. As shown in Table VIII-3, the 1.8 million affected workers in
construction converts to approximately 652,000 FTE affected workers. In
contrast, OSHA based its analysis of the affected workers in general
industry and maritime on the assumption that they were engaged full
time in activities with some silica exposure.
---------------------------------------------------------------------------

    \10\ FTE affected workers becomes a relevant variable in the
estimation of control costs in the construction industry. The reason
is that, consistent with the costing methodology, control costs
depend only on how many worker-days there are in which exposures are
above the PEL. These are the worker-days in which controls are
required. For the derivation of FTEs, see Tables IV-8 and IV-22 and
the associated text in ERG (2007a).
---------------------------------------------------------------------------

    The last three columns in Table VIII-3 show combined total revenues
for all entities (not just affected entities) in each affected
industry, and the average revenue per entity and per establishment in
each affected industry. Because OSHA did not have data to distinguish
revenues for affected entities and establishments in any industry,
average revenue per entity and average revenue per affected entity (as
well as average revenue per establishment and average revenue per
affected establishment) are estimated to be equal in value.
Silica Exposure Profile of At-Risk Workers
    The technological feasibility analyses presented in Chapter IV of
the PEA contain data and discussion of worker exposures to silica
throughout industry. Exposure profiles, by job category, were developed
from individual exposure measurements that were judged to be
substantive and to contain sufficient accompanying description to allow
interpretation of the circumstance of each measurement. The resulting
exposure profiles show the job categories with current overexposures to
silica and, thus, the workers for whom silica controls would be
implemented under the proposed rule.
    Chapter IV of the PEA includes a section with a detailed
description of the methods used to develop the exposure profile and to
assess the technological feasibility of the proposed standard. That
section documents how OSHA selected and used the data to establish the
exposure profiles for each operation in the affected industry sectors,
and discusses sources of uncertainly including the following:
     Data Selection--OSHA discusses how exposure samples with
sample durations of less than 480 minutes (an 8-hour shift) are used in
the analysis.
     Use of IMIS data--OSHA discusses the limitations of data
from its Integrated Management Information System.
     Use of analogous information--OSHA discusses how
information from one industry or operation is used to describe
exposures in other industries or operations with similar
characteristics.
     Non-Detects--OSHA discusses how exposure data that is
identified as ``less than the LOD (limit of detection)'' is used in the
analysis.
    OSHA seeks comment on the assumptions and data selection criteria
the Agency used to develop the exposure profiles shown in Chapter IV of
the PEA.
    Table VIII-4 summarizes, from the exposure profiles, the total
number of workers at risk from silica exposure at any level, and the
distribution of 8-hour TWA respirable crystalline silica exposures by
job category for general industry and maritime sectors and for
construction activities. Exposures are grouped into the following
ranges: less than 25 [mu]g/m\3\; >= 25 [mu]g/m\3\ and <= 50 [mu]g/m\3\;
> 50 [mu]g/m\3\ and <= 100 [mu]g/m\3\; > 100 [mu]g/m\3\ and <= 250
[mu]g/m\3\; and greater than 250 [mu]g/m\3\. These frequencies
represent the percentages of production employees in each job category
and sector currently exposed at levels within the indicated range.
    Table VIII-5 presents data by NAICS code--for each affected
general, maritime, and construction industry--on the estimated number
of workers currently at risk from silica exposure, as well as the
estimated number of workers at risk of silica exposure at or above 25
[mu]g/m\3\, above 50 [mu]g/m\3\, and above 100 [mu]g/m\3\. As shown, an
estimated 1,026,000 workers (851,000 in construction; 176,000 in
general industry and maritime) currently have silica exposures at or
above the proposed action level of 25 [mu]g/m\3\; an estimated 770,000
workers (648,000 in construction; 122,000 in general industry and
maritime) currently have silica exposures above the proposed PEL of 50
[mu]g/m\3\; and an estimated 501,000 workers (420,000 in construction;
81,000 in general industry and maritime) currently have silica
exposures above 100 [mu]g/m\3\--an alternative PEL investigated by OSHA
for economic analysis purposes.
BILLING CODE 4510-26-P

[GRAPHIC] [TIFF OMITTED] TP12SE13.006

[GRAPHIC] [TIFF OMITTED] TP12SE13.007

BILLING CODE 4510-26-C

                        Table VIII-5--Numbers of Workers Exposed to Silica (by Affected Industry and Exposure Level ([mu]g/m\3\))
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Numbers exposed to Silica
             NAICS                      Industry            Number of       Number of   ----------------------------------------------------------------
                                                         establishments     employees        >=0          >=25         >=50        >=100        >=250
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Construction
--------------------------------------------------------------------------------------------------------------------------------------------------------
236100.........................  Residential Building          198,912          966,198       55,338       32,260       24,445       14,652        7,502
                                  Construction.
236200.........................  Nonresidential                 44,702          741,978      173,939       83,003       63,198       39,632       20,504
                                  Building Construction.
237100.........................  Utility System                 21,232          496,628      217,070       76,687       53,073       28,667        9,783
                                  Construction.
237200.........................  Land Subdivision......         12,469           77,406        6,511        1,745        1,172          560          186

237300.........................  Highway, Street, and           11,860          325,182      204,899       58,441       39,273       19,347        7,441
                                  Bridge Construction.
237900.........................  Other Heavy and Civil           5,561           90,167       46,813       12,904        8,655        4,221        1,369
                                  Engineering
                                  Construction.
238100.........................  Foundation, Structure,        117,456        1,167,986      559,729      396,582      323,119      237,537      134,355
                                  and Building Exterior
                                  Contractors.
238200.........................  Building Equipment            182,368        1,940,281       20,358        6,752        4,947        2,876        1,222
                                  Contractors.
238300.........................  Building Finishing            133,343          975,335      120,012       49,202       37,952       24,662       14,762
                                  Contractors.
238900.........................  Other Specialty Trade          74,446          557,638      274,439       87,267       60,894       32,871       13,718
                                  Contractors.
999000.........................  State and local                    NA        5,762,939      170,068       45,847       31,080       15,254        5,161
                                  governments [d].
                                ------------------------------------------------------------------------------------------------------------------------
    Subtotals--Construction....  ......................        802,349       13,101,738    1,849,175      850,690      647,807      420,278      216,003
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              General Industry and Maritime
--------------------------------------------------------------------------------------------------------------------------------------------------------
324121.........................  Asphalt paving mixture          1,431           14,471        5,043           48           48            0            0
                                  and block
                                  manufacturing.
324122.........................  Asphalt shingle and               224           12,631        4,395        4,395        1,963          935            0
                                  roofing materials.
325510.........................  Paint and coating               1,344           46,209        3,285          404          404          404          404
                                  manufacturing.
327111.........................  Vitreous china                     41            5,854        2,802        2,128        1,319          853          227
                                  plumbing fixtures &
                                  bathroom accessories
                                  manufacturing.
327112.........................  Vitreous china, fine              731            9,178        4,394        3,336        2,068        1,337          356
                                  earthenware, & other
                                  pottery product
                                  manufacturing.
327113.........................  Porcelain electrical              125            6,168        2,953        2,242        1,390          898          239
                                  supply mfg.
327121.........................  Brick and structural              204           13,509        5,132        3,476        2,663        1,538          461
                                  clay mfg.
327122.........................  Ceramic wall and floor            193            7,094        2,695        1,826        1,398          808          242
                                  tile mfg.
327123.........................  Other structural clay              49            1,603          609          412          316          182           55
                                  product mfg.
327124.........................  Clay refractory                   129            4,475        1,646          722          364          191           13
                                  manufacturing.
327125.........................  Nonclay refractory                105            5,640        2,075          910          459          241           17
                                  manufacturing.
327211.........................  Flat glass                         83           11,003          271          164          154           64           45
                                  manufacturing.
327212.........................  Other pressed and                 499           20,625        1,034          631          593          248          172
                                  blown glass and
                                  glassware
                                  manufacturing.
327213.........................  Glass container                    72           14,392          722          440          414          173          120
                                  manufacturing.
327320.........................  Ready-mixed concrete            6,064          107,190       43,920       32,713       32,110       29,526       29,526
                                  manufacturing.
327331.........................  Concrete block and                951           22,738       10,962        5,489        3,866        2,329          929
                                  brick mfg.
327332.........................  Concrete pipe mfg.....            385           14,077        6,787        3,398        2,394        1,442          575
327390.........................  Other concrete product          2,281           66,095       31,865       15,957       11,239        6,769        2,700
                                  mfg.
327991.........................  Cut stone and stone             1,943           30,633       12,085       10,298        7,441        4,577        1,240
                                  product manufacturing.
327992.........................  Ground or treated                 271            6,629        5,051        5,051          891          297            0
                                  mineral and earth
                                  manufacturing.
327993.........................  Mineral wool                      321           19,241        1,090          675          632          268          182
                                  manufacturing.
327999.........................  All other misc.                   465           10,028        4,835        2,421        1,705        1,027          410
                                  nonmetallic mineral
                                  product mfg.
331111.........................  Iron and steel mills..            805          108,592          614          456          309          167           57
331112.........................  Electrometallurgical               22            2,198           12            9            6            3            1
                                  ferroalloy product
                                  manufacturing.
331210.........................  Iron and steel pipe               240           21,543          122           90           61           33           11
                                  and tube
                                  manufacturing from
                                  purchased steel.
331221.........................  Rolled steel shape                170           10,857           61           46           31           17            6
                                  manufacturing.
331222.........................  Steel wire drawing....            288           14,669           83           62           42           23            8
331314.........................  Secondary smelting and            150            7,381           42           31           21           11            4
                                  alloying of aluminum.
331423.........................  Secondary smelting,                31            1,278            7            5            4            2            1
                                  refining, and
                                  alloying of copper.
331492.........................  Secondary smelting,               217            9,383           53           39           27           14            5
                                  refining, and
                                  alloying of
                                  nonferrous metal
                                  (except cu & al).
331511.........................  Iron foundries........            527           59,209       22,111       16,417       11,140        6,005        2,071
331512.........................  Steel investment                  132           16,429        5,934        4,570        3,100        1,671          573
                                  foundries.
331513.........................  Steel foundries                   222           17,722        6,618        4,914        3,334        1,797          620
                                  (except investment).
331524.........................  Aluminum foundries                466           26,565        9,633        7,418        5,032        2,712          931
                                  (except die-casting).
331525.........................  Copper foundries                  256            6,120        2,219        1,709        1,159          625          214
                                  (except die-casting).
331528.........................  Other nonferrous                  124            4,710        1,708        1,315          892          481          165
                                  foundries (except die-
                                  casting).
332111.........................  Iron and steel forging            398           26,596          150          112           76           41           14
332112.........................  Nonferrous forging....             77            8,814           50           37           25           13            5
332115.........................  Crown and closure                  59            3,243           18           14            9            5            2
                                  manufacturing.
332116.........................  Metal stamping........          1,641           64,724          366          272          184           99           34
332117.........................  Powder metallurgy part            129            8,362           47           35           24           13            4
                                  manufacturing.
332211.........................  Cutlery and flatware              141            5,779           33           24           16            9            3
                                  (except precious)
                                  manufacturing.
332212.........................  Hand and edge tool              1,155           36,622          207          154          104           56           19
                                  manufacturing.
332213.........................  Saw blade and handsaw             136            7,304           41           31           21           11            4
                                  manufacturing.
332214.........................  Kitchen utensil, pot,              70            3,928           22           17           11            6            2
                                  and pan manufacturing.

332323.........................  Ornamental and                  2,450           39,947           54           26           19            7            7
                                  architectural metal
                                  work.
332439.........................  Other metal container             401           15,195           86           64           43           23            8
                                  manufacturing.
332510.........................  Hardware manufacturing            828           45,282          256          190          129           69           24
332611.........................  Spring (heavy gauge)              113            4,059           23           17           12            6            2
                                  manufacturing.
332612.........................  Spring (light gauge)              340           15,336           87           64           44           24            8
                                  manufacturing.
332618.........................  Other fabricated wire           1,198           36,364          205          153          104           56           19
                                  product manufacturing.
332710.........................  Machine shops.........         21,356          266,597        1,506        1,118          759          409          141
332812.........................  Metal coating and               2,599           56,978        4,695        2,255        1,632          606          606
                                  allied services.
332911.........................  Industrial valve                  488           38,330          216          161          109           59           20
                                  manufacturing.
332912.........................  Fluid power valve and             381           35,519          201          149          101           55           19
                                  hose fitting
                                  manufacturing.
332913.........................  Plumbing fixture                  144           11,513           65           48           33           18            6
                                  fitting and trim
                                  manufacturing.
332919.........................  Other metal valve and             268           18,112          102           76           51           28           10
                                  pipe fitting
                                  manufacturing.
332991.........................  Ball and roller                   180           27,197          154          114           77           42           14
                                  bearing manufacturing.
332996.........................  Fabricated pipe and               765           27,201          154          114           77           42           14
                                  pipe fitting
                                  manufacturing.
332997.........................  Industrial pattern                461            5,281           30           22           15            8            3
                                  manufacturing.
332998.........................  Enameled iron and                  76            5,655           96           56           38           16           11
                                  metal sanitary ware
                                  manufacturing.
332999.........................  All other                       3,123           72,201          408          303          205          111           38
                                  miscellaneous
                                  fabricated metal
                                  product manufacturing.
333319.........................  Other commercial and            1,349           53,012          299          222          151           81           28
                                  service industry
                                  machinery
                                  manufacturing.
333411.........................  Air purification                  351           14,883           84           62           42           23            8
                                  equipment
                                  manufacturing.
333412.........................  Industrial and                    163           10,506           59           44           30           16            6
                                  commercial fan and
                                  blower manufacturing.
333414.........................  Heating equipment                 407           20,577          116           86           59           32           11
                                  (except warm air
                                  furnaces)
                                  manufacturing.
333511.........................  Industrial mold                 2,126           39,917          226          168          114           61           21
                                  manufacturing.
333512.........................  Machine tool (metal               530           17,220           97           72           49           26            9
                                  cutting types)
                                  manufacturing.
333513.........................  Machine tool (metal               285            8,556           48           36           24           13            5
                                  forming types)
                                  manufacturing.
333514.........................  Special die and tool,           3,232           57,576          325          241          164           88           30
                                  die set, jig, and
                                  fixture manufacturing.
333515.........................  Cutting tool and                1,552           34,922          197          146           99           54           18
                                  machine tool
                                  accessory
                                  manufacturing.
333516.........................  Rolling mill machinery             73            3,020           17           13            9            5            2
                                  and equipment
                                  manufacturing.
333518.........................  Other metalworking                383           12,470           70           52           35           19            7
                                  machinery
                                  manufacturing.
333612.........................  Speed changer,                    226           12,374           70           52           35           19            7
                                  industrial high-speed
                                  drive, and gear
                                  manufacturing.
333613.........................  Mechanical power                  231           15,645           88           66           44           24            8
                                  transmission
                                  equipment
                                  manufacturing.
333911.........................  Pump and pumping                  490           30,764          174          129           88           47           16
                                  equipment
                                  manufacturing.
333912.........................  Air and gas compressor            318           21,417          121           90           61           33           11
                                  manufacturing.
333991.........................  Power-driven handtool             150            8,714           49           37           25           13            5
                                  manufacturing.
333992.........................  Welding and soldering             275           15,853           90           67           45           24            8
                                  equipment
                                  manufacturing.
333993.........................  Packaging machinery               619           21,179          120           89           60           32           11
                                  manufacturing.
333994.........................  Industrial process                335           10,720           61           45           31           16            6
                                  furnace and oven
                                  manufacturing.
333995.........................  Fluid power cylinder              319           19,887          112           83           57           31           11
                                  and actuator
                                  manufacturing.
333996.........................  Fluid power pump and              178           13,631           77           57           39           21            7
                                  motor manufacturing.
333997.........................  Scale and balance                 102            3,748           21           16           11            6            2
                                  (except laboratory)
                                  manufacturing.
333999.........................  All other                       1,725           52,454          296          220          149           80           28
                                  miscellaneous general
                                  purpose machinery
                                  manufacturing.
334518.........................  Watch, clock, and part            106            2,188           12            9            6            3            1
                                  manufacturing.
335211.........................  Electric housewares               105            7,425           22           10            8            3            3
                                  and household fans.
335221.........................  Household cooking                 125           16,033           47           22           16            6            6
                                  appliance
                                  manufacturing.
335222.........................  Household refrigerator             26           17,121           50           24           17            7            7
                                  and home freezer
                                  manufacturing.
335224.........................  Household laundry                  23           16,269           47           23           17            6            6
                                  equipment
                                  manufacturing.
335228.........................  Other major household              45           12,806           37           18           13            5            5
                                  appliance
                                  manufacturing.
336111.........................  Automobile                        181           75,225          425          316          214          115           40
                                  manufacturing.

336112.........................  Light truck and                    94          103,815          587          436          296          159           55
                                  utility vehicle
                                  manufacturing.
336120.........................  Heavy duty truck                   95           32,122          181          135           91           49           17
                                  manufacturing.
336211.........................  Motor vehicle body                820           47,566          269          200          135           73           25
                                  manufacturing.
336212.........................  Truck trailer                     394           32,260          182          135           92           50           17
                                  manufacturing.
336213.........................  Motor home                         91           21,533          122           90           61           33           11
                                  manufacturing.
336311.........................  Carburetor, piston,               116           10,537           60           44           30           16            6
                                  piston ring, and
                                  valve manufacturing.
336312.........................  Gasoline engine and               876           66,112          373          277          188          101           35
                                  engine parts
                                  manufacturing.
336322.........................  Other motor vehicle               697           62,016          350          260          176           95           33
                                  electrical and
                                  electronic equipment
                                  manufacturing.
336330.........................  Motor vehicle steering            257           39,390          223          165          112           60           21
                                  and suspension
                                  components (except
                                  spring) manufacturing.
336340.........................  Motor vehicle brake               241           33,782          191          142           96           52           18
                                  system manufacturing.
336350.........................  Motor vehicle                     535           83,756          473          351          238          128           44
                                  transmission and
                                  power train parts
                                  manufacturing.
336370.........................  Motor vehicle metal               781          110,578          624          464          315          170           58
                                  stamping.
336399.........................  All other motor                 1,458          149,251          843          626          425          229           79
                                  vehicle parts
                                  manufacturing.
336611.........................  Ship building and                 635           87,352        2,798        2,798        1,998        1,599        1,199
                                  repair.
336612.........................  Boat building.........          1,129           54,705        1,752        1,752        1,252        1,001          751
336992.........................  Military armored                   57            6,899           39           29           20           11            4
                                  vehicle, tank, and
                                  tank component
                                  manufacturing.
337215.........................  Showcase, partition,            1,733           59,080          334          248          168           91           31
                                  shelving, and locker
                                  manufacturing.
339114.........................  Dental equipment and              763           15,550          411          274          274          137            0
                                  supplies
                                  manufacturing.
339116.........................  Dental laboratories...          7,261           47,088       33,214        5,357        1,071            0            0
339911.........................  Jewelry (except                 1,777           25,280        7,813        4,883        3,418        2,442          977
                                  costume)
                                  manufacturing.
339913.........................  Jewelers' materials               264            5,199        1,607        1,004          703          502          201
                                  and lapidary work
                                  manufacturing.
339914.........................  Costume jewelry and               590            6,775        1,088          685          479          338          135
                                  novelty manufacturing.
339950.........................  Sign manufacturing....          6,415           89,360          496          249          172           57           57
423840.........................  Industrial supplies,           10,742          111,198          383          306          153           77            0
                                  wholesalers.
482110.........................  Rail transportation...             NA               NA       16,895       11,248        5,629        2,852        1,233
621210.........................  Dental offices........        124,553          817,396        7,980        1,287          257            0            0
                                ------------------------------------------------------------------------------------------------------------------------
    Subtotals--General Industry  ......................        238,942        4,406,990      294,886      175,801      122,472       80,731       48,956
     and Maritime.
                                ------------------------------------------------------------------------------------------------------------------------
        Totals.................  ......................      1,041,291       17,508,728    2,144,061    1,026,491      770,280      501,009      264,959
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: U.S. Dept. of Labor, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis, based on Table III-5 and the technological
  feasibility analysis presented in Chapter IV of the PEA.

D. Technological Feasibility Analysis of the Proposed Permissible
Exposure Limit to Crystalline Silica Exposures

    Chapter IV of the Preliminary Economic Analysis (PEA) provides the
technological feasibility analysis that guided OSHA's selection of the
proposed PEL, consistent with the requirements of the Occupational
Safety and Health Act (``OSH Act''), 29 U.S.C. 651 et seq. Section
6(b)(5) of the OSH Act requires that OSHA ``set the standard which most
adequately assures, to the extent feasible, on the basis of the best
available evidence, that no employee will suffer material impairment of
health or functional capacity.'' 29 U.S.C. 655(b)(5) (emphasis added).
The Court of Appeals for the D.C. Circuit has clarified the Agency's
obligation to demonstrate the technological feasibility of reducing
occupational exposure to a hazardous substance:

    OSHA must prove a reasonable possibility that the typical firm
will be able to develop and install engineering and work practice
controls that can meet the PEL in most of its operations . . . The
effect of such proof is to establish a presumption that industry can
meet the PEL without relying on respirators . . . Insufficient proof
of technological feasibility for a few isolated operations within an
industry, or even OSHA's concession that respirators will be
necessary in a few such operations, will not undermine this general
presumption in favor of feasibility. Rather, in such operations
firms will remain responsible for installing engineering and work
practice controls to the extent feasible, and for using them to
reduce . . . exposure as far as these controls can do so.

United Steelworkers of America, AFL-CIO-CIC v. Marshall, 647 F.2d 1189,
1272 (D.C. Cir. 1980).
    Additionally, the D.C. Circuit has explained that ``[f]easibility
of compliance turns on whether exposure levels at or below [the PEL]
can be met in most operations most of the time. . . .'' American Iron &
Steel Inst. v. OSHA, 939 F.2d 975, 990 (D.C. Cir. 1991).
    To demonstrate the limits of feasibility, OSHA's analysis examines
the technological feasibility of the proposed PEL of 50 [mu]g/m\3\, as
well as

the technological feasibility of an alternative PEL of 25 [mu]g/m\3\.
In total, OSHA analyzed technological feasibility in 108 operations in
general industry, maritime, and construction industries. This analysis
addresses two different aspects of technological feasibility: (1) The
extent to which engineering controls can reduce and maintain exposures;
and (2) the capability of existing sampling and analytical methods to
measure silica exposures. The discussion below summarizes the findings
in Chapter IV of the PEA (see Docket No. OSHA-2010-0034).
Methodology
    The technological feasibility analysis relies on information from a
wide variety of sources. These sources include published literature,
OSHA inspection reports, NIOSH reports and engineering control
feasibility studies, and information from other federal agencies, state
agencies, labor organizations, industry associations, and other groups.
OSHA has limited the analysis to job categories that are associated
with substantial direct silica exposure. The technological feasibility
analyses group the general industry and maritime workplaces into 23
industry sectors.\11\ The Agency has divided each industry sector into
specific job categories on the basis of common materials, work
processes, equipment, and available exposure control methods. OSHA
notes that these job categories are intended to represent job
functions; actual job titles and responsibilities might differ
depending on the facility.
---------------------------------------------------------------------------

    \11\ Note that OSHA's technological feasibility analysis
contains 21 general industry sections. The number is expanded to 23
in this summary because Table VIII.D-1 describes the foundry
industry as three different sectors (ferrous, nonferrous, and non-
sand casting foundries) to provide a more detailed analysis of
exposures.
---------------------------------------------------------------------------

    OSHA has organized the construction industry by grouping workers
into 12 general construction activities. The Agency organized
construction workers into general activities that create silica
exposures rather than organizing them by job titles because
construction workers often perform multiple activities and job titles
do not always coincide with the sources of exposure. In organizing
construction worker activity this way, OSHA was able to create a more
accurate exposure profile and apply control methods to workers who
perform these activities in any segment of the construction industry.
    The exposure profiles include silica exposure data only for workers
in the United States. Information on international exposure levels is
occasionally referenced for perspective or in discussions of control
options. It is important to note that the vast majority of crystalline
silica encountered by workers in the United States is in the quartz
form, and the terms crystalline silica and quartz are often used
interchangeably. Unless specifically indicated otherwise, all silica
exposure data, samples, and results discussed in the technological
feasibility analysis refer to measurements of personal breathing zone
(PBZ) respirable crystalline silica.
    In general and maritime industries, the exposure profiles in the
technological feasibility analysis consist mainly of full-shift
samples, collected over periods of 360 minutes or more. By using full-
shift sampling results, OSHA minimizes the number of results that are
less than the limit of detection (LOD) and eliminates the ambiguity
associated with the LOD for low air volume samples. Thus, results that
are reported in the original data source as below the LOD are included
without contributing substantial uncertainty regarding their
relationship to the proposed PEL. This is particularly important for
general industry samples, which on average have lower silica levels
than typical results for many tasks in the construction industry.
    In general and maritime industries, the exposure level for the
period sampled is assumed to have continued over any unsampled portion
of the worker's shift. OSHA has preliminarily determined that this
sample criterion is valid because workers in these industries are
likely to work at the same general task or same repeating set of tasks
over most of their shift; thus, unsampled periods generally are likely
to be similar to the sampled periods.
    In the construction industry, much of the data analyzed for the
defined activities consisted of full-shift samples collected over
periods of 360 minutes or more. Construction workers are likely to
spend a shift working at multiple discrete tasks, independent of
occupational titles, and do not normally engage in those discrete tasks
for the entire duration of a shift. Therefore, the Agency occasionally
included partial-shift samples (periods of less than 360 minutes), but
has limited the use of partial-shift samples with results below the
LOD, giving preference to data covering a greater part of the workers'
shifts.
    OSHA believes that the partial-shift samples were collected for the
entire duration of the task and that the exposure to silica ended when
the task was completed. Therefore, OSHA assumes that the exposure to
silica was zero for the remaining unsampled time. OSHA understands that
this may not always be the case, and that there may be activities other
than the sampled tasks that affect overall worker exposures, but the
documentation regarding these factors is insufficient to use in
calculating a time-weighted average. It is important to note, however,
that the Agency has identified to the best of its ability the
construction activities that create significant exposures to respirable
crystalline silica.
    In cases where exposure information from a specific job category is
not available, OSHA has based that portion of the exposure profile on
surrogate data from one or more similar job categories in related
industries. The surrogate data is selected based on strong similarities
of raw materials, equipment, worker activities, and exposure duration
between the job categories. When used, OSHA has clearly identified the
surrogate data and the relationship between the industries or job
categories.
1. Feasibility Determination of Sampling and Analytical Methods
    As part of its technological feasibility analysis, OSHA examined
the capability of currently available sampling methods and sensitivity
\12\ and precision of currently available analytical methods to measure
respirable crystalline silica (please refer to the ``Feasibility of
Measuring Respirable Crystalline Silica Exposures at The Proposed PEL''
section in Chapter IV of the PEA). The Agency understands that several
commercially available personal sampling cyclones exist that can be
operated at flow rates that conform to the ISO/CEN particle size
selection criteria with an acceptable level of bias. Some of these
sampling devices are the Dorr-Oliver, Higgens-Dowel, BGI GK 2.69, and
the SKC G-3 cyclones. Bias against the ISO/CEN criteria will fall
within 20 percent, and often is within 10
percent.
---------------------------------------------------------------------------

    \12\ Note that sensitivity refers to the smallest quantity that
can be measured with a specified level of accuracy, expressed either
as the limit of detection or limit of quantification.
---------------------------------------------------------------------------

    Additionally, the Agency preliminarily concludes that all of the
mentioned cyclones are capable of allowing a sufficient quantity of
quartz to be collected from atmospheric concentrations as low as 25
[mu]g/m\3\ to exceed the limit of quantification for the OSHA ID-142
analytical method, provided that a sample duration is at least 4 hours.
Furthermore, OSHA believes that these devices are also capable of
collecting more than the minimum amount of cristobalite at the proposed
PEL and action level

necessary for quantification with OSHA's method ID-142 for a full
shift. One of these cyclones (GK 2.69) can also collect an amount of
cristobalite exceeding OSHA's limit of quantification (LOQ) with a 4-
hour sample at the proposed PEL and action level.
    Regarding analytical methods to measure silica, OSHA investigated
the sensitivity and precision of available methods. The Agency
preliminarily concludes that the X-Ray Diffraction (XRD) and Infrared
Spectroscopy (IR) methods of analysis are both sufficiently sensitive
to quantify levels of quartz and cristobalite that would be collected
on air samples taken from concentrations at the proposed PEL and action
level. Available information shows that poor inter-laboratory agreement
and lack of specificity render colorimetric spectrophotometry (another
analytical method) inferior to XRD or IR techniques. As such, OSHA is
proposing not to permit employers to rely on exposure monitoring
results based on analytical methods that use colorimetric methods.
    For the OSHA XRD Method ID-142 (revised December 1996), precision
is 23 percent at a working range of 50 to 160 [micro]g
crystalline silica, and the SAE (sampling and analytical error) is
19 percent. The NIOSH and MSHA XRD and IR methods report a
similar degree of precision. OSHA's Salt Lake Technical Center (SLTC)
evaluated the precision of ID-142 at lower filter loadings and has
shown an acceptable level of precision is achieved at filter loadings
of approximately 40 [micro]g and 20 [micro]g corresponding to the
amounts collected from full-shift sampling at the proposed PEL and
action level, respectively. This analysis showed that at filter
loadings corresponding to the proposed PEL, the precision and SAE for
quartz are 17 and 14 percent, respectively. For
cristobalite, the precision and SAE are 19 and 16 percent, respectively. These results indicate that employers
can have confidence in sampling results for the purpose of assessing
compliance with the PEL and identifying when additional engineering and
work practice controls and/or respiratory protection are needed.
    For example, given an SAE for quartz of 0.14 at a filter load of 40
[micro]g, employers can be virtually certain that the PEL is not
exceeded where exposures are less than 43 [micro]g/m\3\, which
represents the lower 95-percent confidence limit (i.e., 50 [micro]g/
m\3\ minus 50*0.14). At 43 [micro]g/m\3\, a full-shift sample that
collects 816 L of air will result in a filter load of 35 [micro]g of
quartz, or more than twice the LOQ for Method ID-142. Thus, OSHA
believes that the method is sufficiently sensitive and precise to allow
employers to distinguish between operations that have sufficient dust
control to comply with the PEL from those that do not. Finally, OSHA's
analysis of PAT data indicates that most laboratories achieve good
agreement in results for samples having filter loads just above 40
[micro]g quartz (49-70 [micro]g).
    At the proposed action level, the study by SLTC found the precision
and SAE of the method for quartz at 20 [micro]g to be 19
and 16 percent, respectively. For cristobalite, the
precision and SAE at 20 [micro]g were also 19 and 16 percent, respectively. OSHA believes that these results show
that Method ID-142 can achieve a sufficient degree of precision for the
purpose of identifying those operations where routine exposure
monitoring should be conducted.
    However, OSHA also believes that limitations in the
characterization of the precision of the analytical method in this
range of filter load preclude the Agency from proposing a PEL of 25
[micro]g/m\3\ at this time. First, the measurement error increases by
about 4 to 5 percent for a full-shift sample taken at 25 [micro]g/m\3\
compared to one taken at 50 [micro]g/m\3\, and the error would be
expected to increase further as filter loads approach the limit of
detection. Second, for an employer to be virtually certain that an
exposure to quartz did not exceed 25 [micro]g/m\3\ as an exposure
limit, the exposure would have to be below 21 [micro]g/m\3\ given the
SAE of 16 percent calculated from the SLTC study. For a
full-shift sample of 0.816 L of air, only about 17 [micro]g of quartz
would be collected at 21 [micro]g/m\3\, which is near the LOQ for
Method ID-142 and at the maximum acceptable LOD that would be required
by the proposed rule. Thus, given a sample result that is below a
laboratory's reported LOD, employers might not be able to rule out
whether a PEL of 25 [micro]g/m\3\ was exceeded.
    Finally, there are no available data that describe the total
variability seen between laboratories at filter loadings in the range
of 20 [micro]g crystalline silica since the lowest filter loading used
in PAT samples is about 50 [micro]g. Given these considerations, OSHA
believes that a PEL of 50 [micro]g/m\3\ is more appropriate in that
employers will have more confidence that sampling results are properly
informing them where additional dust controls and respiratory
protection is needed.
    Based on the evaluation of the nationally recognized sampling and
analytical methods for measuring respirable crystalline silica
presented in the section titled ``Feasibility of Measuring Respirable
Crystalline Silica Exposures at The Proposed PEL'' in Chapter IV of the
PEA, OSHA preliminarily concludes that it is technologically feasible
to reliably measure exposures of workers at the proposed PEL of 50
[micro]g/m\3\ and action level of 25 [micro]g/m\3\. OSHA notes that the
sampling and analytical error is larger at the proposed action level
than that for the proposed PEL. In the ``Issues'' section of this
preamble (see Provisions of the Standards--Exposure Assessment), OSHA
solicits comments on whether measurements of exposures at the proposed
action level and PEL are sufficiently precise to permit employers to
adequately determine when additional exposure monitoring is necessary
under the standard, when to provide workers with the required medical
surveillance, and when to comply with all other requirements of the
proposed standard. OSHA also solicits comments on the appropriateness
of specific requirements in the proposed standard for laboratories that
perform analyses of respirable crystalline silica samples to reduce the
variability between laboratories.
2. Feasibility Determination of Control Technologies
    The Agency has conducted a feasibility analysis for each of the
identified 23 general industry sectors and 12 construction industry
activities that are potentially affected by the proposed silica
standard. Additionally, the Agency identified 108 operations within
those sectors/activities and developed exposure profiles for each
operation, except for two industries, engineered stone products and
landscape contracting industries. For these two industries, data
satisfying OSHA's criteria for inclusion in the exposure profile were
unavailable (refer to the Methodology section in Chapter 4 of the PEA
for criteria). However, the Agency obtained sufficient information in
both of these industries to make feasibility determinations (see
Chapter IV Sections C.7 and C.11 of the PEA). Each feasibility analysis
contains a description of the applicable operations, the baseline
conditions for each operation (including the respirable silica samples
collected), additional controls necessary to reduce exposures, and
final feasibility determinations for each operation.
3. Feasibility Findings for the Proposed Permissible Exposure Limit of
50 [mu]g/m\3\
    Tables VIII-6 and VIII-7 summarize all the industry sectors and
construction

activities studied in the technological feasibility analysis and show
how many operations within each can achieve levels of 50 [mu]g/m\3\
through the implementation of engineering and work practice controls.
The tables also summarize the overall feasibility finding for each
industry sector or construction activity based on the number of
feasible versus not feasible operations. For the general industry
sector, OSHA has preliminarily concluded that the proposed PEL of 50
[mu]g/m\3\ is technologically feasible for all affected industries. For
the construction activities, OSHA has determined that the proposed PEL
of 50 [mu]g/m\3\ is feasible in 10 out of 12 of the affected
activities. Thus, OSHA preliminarily concludes that engineering and
work practices will be sufficient to reduce and maintain silica
exposures to the proposed PEL of 50 [mu]g/m\3\ or below in most
operations most of the time in the affected industries. For those few
operations within an industry or activity where the proposed PEL is not
technologically feasible even when workers use recommended engineering
and work practice controls (seven out of 108 operations, see Tables
VIII-6 and VIII-7), employers can supplement controls with respirators
to achieve exposure levels at or below the proposed PEL.
4. Feasibility Findings for an Alternative Permissible Exposure Limit
of 25 [mu]g/m\3\
    Based on the information presented in the technological feasibility
analysis, OSHA believes that engineering and work practice controls
identified to date will not be sufficient to consistently reduce
exposures to PELs lower than 50 [mu]g/m\3\. The Agency believes that a
proposed PEL of 25 [mu]g/m\3\, for example, would not be feasible for
many industries, and to use respiratory protection would have to be
required in most operations and most of the time to achieve compliance.
    However, OSHA has data indicating that an alternative PEL of 25
[mu]g/m\3\ has already been achieved in several industries (e.g.
asphalt paving products, dental laboratories, mineral processing, and
paint and coatings manufacturing in general industry, and drywall
finishers and heavy equipment operators in construction). In these
industries, airborne respirable silica concentrations are inherently
low because either small amounts of silica containing materials are
handled or these materials are not subjected to high energy processes
that generate large amounts of respirable dust.
    For many of the other industries, OSHA believes that engineering
and work practice controls will not be able to reduce and maintain
exposures to an alternative PEL of 25 [mu]g/m\3\ in most operations and
most of the time. This is especially the case in industries that use
silica containing material in substantial quantities and industries
with high energy operations. For example, in general industry, the
ferrous foundry industry would not be able to comply with an
alternative PEL of 25 [mu]g/m\3\ without widespread respirator use. In
this industry, silica containing sand is transported, used, and
recycled in significant quantities to create castings, and as a result,
workers can be exposed to high levels of silica in all steps of the
production line. Additionally, some high energy operations in foundries
create airborne dust that causes high worker exposures to silica. One
of these operations is the shakeout process, where operators monitor
equipment that separates castings from mold materials by mechanically
vibrating or tumbling the casting. The dust generated from this process
causes elevated silica exposures for shakeout operators and often
contributes to exposures for other workers in a foundry. For small,
medium, and large castings, exposure information with engineering
controls in place show that exposures below 50 [mu]g/m\3\ can be
consistently achieved, but exposures above an alternative PEL of 25
[mu]g/m\3\ still occur. With engineering controls in place, exposure
data for these operations range from 13 [mu]g/m\3\ to 53 [mu]g/m\3\,
with many of the reported exposures above 25 [mu]g/m\3\.
    In the construction industry, OSHA estimates that an alternative
PEL of 25 [mu]g/m\3\ would be infeasible in most operations because
most of them are high energy operations that produce significant levels
of dust, causing workers to have elevated exposures, and available
engineering controls would not be able to maintain exposures at or
below the alternative PEL most of the time. For example, jackhammering
is a high energy operation that creates a large volume of silica
containing dust, which disburses rapidly in highly disturbed air. OSHA
estimates that the exposure levels of most workers operating
jackhammers outdoors will be reduced to less that 100 [mu]g/m\3\ as an
8-hour TWA, by using either wet methods or LEV paired with a suitable
vacuum.
    OSHA believes that typically, the majority of jackhammering is
performed for less than four hours of a worker's shift, and in these
circumstances the Agency estimates that most workers will experience
levels below 50 [mu]g/m\3\. Jackhammer operators who work indoors or
with multiple jackhammers will achieve similar results granted that the
same engineering controls are used and that fresh air circulation is
provided to prevent accumulation of respirable dust in a worker's
vicinity. OSHA does not have any data indicating that these control
strategies would reduce exposures of most workers to levels of 25
[mu]g/m\3\ or less.
5. Overall Feasibility Determination
    Based on the information presented in the technological feasibility
analysis, the Agency believes that 50 [mu]g/m\3\ is the lowest feasible
PEL. An alternative PEL of 25 [mu]g/m\3\ would not be feasible because
the engineering and work practice controls identified to date will not
be sufficient to consistently reduce exposures to levels below 25
[mu]g/m\3\ in most operations most of the time. OSHA believes that an
alternative PEL of 25 [mu]g/m\3\ would not be feasible for many
industries, and that the use of respiratory protection would be
necessary in most operations most of the time to achieve compliance.
Additionally, the current methods of sampling analysis create higher
errors and lower precision in measurement as concentrations of silica
lower than the proposed PEL are analyzed. However, the Agency
preliminarily concludes that these sampling and analytical methods are
adequate to permit employers to comply with all applicable requirements
triggered by the proposed action level and PEL.

  Table VIII-6--Summary of Technological Feasibility of Control Technologies in General and Maritime Industries
                                          Affected by Silica Exposures
----------------------------------------------------------------------------------------------------------------
                                                   Number of          Number of
                                                 operations for     operations for
                                                   which the          which the
                                Total number    proposed PEL is    proposed PEL is   Overall feasibility finding
       Industry sector           of affected    achievable with     NOT achievable       for industry sector
                                 operations       engineering      with engineering
                                               controls and work  controls and work
                                               practice controls  practice controls
----------------------------------------------------------------------------------------------------------------
Asphalt Paving Products......               3                  3                  0  Feasible.
Asphalt Roofing Materials....               2                  2                  0  Feasible.
Concrete Products............               6                  5                  1  Feasible.
Cut Stone....................               5                  5                  0  Feasible.
Dental Equipment and                        1                  1                  0  Feasible.
 Suppliers.
Dental Laboratories..........               1                  1                  0  Feasible.
Engineered Stone Products....               1                  1                  0  Feasible.
Foundries: Ferrous*..........              12                 12                  0  Feasible.
Foundries: Nonferrous*.......              12                 12                  0  Feasible.
Foundries: Non-Sand Casting*.              11                 11                  0  Feasible.
Glass........................               2                  2                  0  Feasible.
Jewelry......................               1                  1                  0  Feasible.
Landscape Contracting........               1                  1                  0  Feasible.
Mineral Processing...........               1                  1                  0  Feasible.
Paint and Coatings...........               2                  2                  0  Feasible.
Porcelain Enameling..........               2                  2                  0  Feasible.
Pottery......................               5                  5                  0  Feasible.
Railroads....................               5                  5                  0  Feasible.
Ready-Mix Concrete...........               5                  4                  1  Feasible.
Refractories.................               5                  5                  0  Feasible.
Refractory Repair............               1                  1                  0  Feasible.
Shipyards (Maritime Industry)               2                  1                  1  Feasible.
Structural Clay..............               3                  3                  0  Feasible.
                              =================
    Totals...................              89              96.6%               3.4%  ...........................
----------------------------------------------------------------------------------------------------------------
* Section 8 of the Technological Feasibility Analysis includes four subsectors of the foundry industry. Each
  subsector includes its own exposure profile and feasibility analysis in that section. This table lists three
  of those four subsectors individually based on the difference in casting processes used and subsequent
  potential for silica exposure. The table does not include captive foundries because the captive foundry
  operations are incorporated into the larger manufacturing process of the parent foundry.

 Table VIII-7--Summary of Technological Feasibility of Control Technologies in Construction Activities Affected
                                               by Silica Exposures
----------------------------------------------------------------------------------------------------------------
                                                   Number of          Number of
                                                 operations for     operations for
                                                   which the          which the
                                Total number    proposed PEL is    proposed PEL is   Overall feasibility finding
    Construction activity        of affected    achievable with     NOT achievable           for activity
                                 operations       engineering      with engineering
                                               controls and work  controls and work
                                               practice controls  practice controls
----------------------------------------------------------------------------------------------------------------
Abrasive Blasters............               2                  0                  2  Not Feasible.
Drywall Finishers............               1                  1                  0  Feasible.
Heavy Equipment Operators....               1                  1                  0  Feasible.
Hole Drillers Using Hand-Held               1                  1                  0  Feasible.
 Drills.
Jackhammer and Impact                       1                  1                  0  Feasible.
 Drillers.
Masonry Cutters Using                       3                  3                  0  Feasible.
 Portable Saws.
Masonry Cutters Using                       1                  1                  0  Feasible.
 Stationary Saws.
Millers Using Portable and                  3                  3                  0  Feasible.
 Mobile Machines.
Rock and Concrete Drillers...               1                  1                  0  Feasible.
Rock-Crushing Machine                       1                  1                  0  Feasible.
 Operators and Tenders.
Tuckpointers and Grinders....               3                  1                  2  Not Feasible.
Underground Construction                    1                  1                  0  Feasible.
 Workers.
                              ----------------------------------------------------------------------------------
    Totals...................              19              78.9%              21.1%
----------------------------------------------------------------------------------------------------------------

E. Costs of Compliance

    Chapter V of the PEA in support of the proposed silica rule
provides a detailed assessment of the costs to establishments in all
affected industry sectors of reducing worker exposures to silica to an
eight-hour time-weighted average (TWA) permissible exposure limit (PEL)
of 50 [mu]g/m\3\ and of complying with the proposed standard's
ancillary requirements. The discussion below summarizes the findings in
the PEA cost chapter. OSHA's preliminary cost assessment is based on
the Agency's technological feasibility

analysis presented in Chapter IV of the PEA (2013); analyses of the
costs of the proposed standard conducted by OSHA's contractor, Eastern
Research Group (ERG, 2007a, 2007b, and 2013); and the comments
submitted to the docket as part of the SBREFA panel process.
    OSHA estimates that the proposed rule will cost $657.9 million per
year in 2009 dollars. Costs originally estimated for earlier years were
adjusted to 2009 dollars using the appropriate price indices. All costs
are annualized using a discount rate of 7 percent. (A sensitivity
analysis using discount rates of 3 percent and 0 percent is presented
in the discussion of net benefits.) One-time costs are annualized over
10-year annualization period, and capital goods are annualized over the
life of the equipment. OSHA has historically annualized one-time costs
over at least a 10-year period, which approximately reflects the
average life of a business in the United States. (The Agency has chosen
a longer annualization period under special circumstances, such as when
a rule involves longer and more complex phase-in periods. In general, a
longer annualization period, in such cases, will tend to reduce
annualized costs slightly.)
    The estimated costs for the proposed silica standard rule include
the additional costs necessary for employers to achieve full
compliance. They do not include costs associated with current
compliance that has already been achieved with regard to the new
requirements or costs necessary to achieve compliance with existing
silica requirements, to the extent that some employers may currently
not be fully complying with applicable regulatory requirements.
    Table VIII-8 provides the annualized costs of the proposed rule by
cost category for general industry, maritime, and construction. As
shown in Table VIII-8, of the total annualized costs of the proposed
rule, $132.5 million would be incurred by general industry, $14.2
million by maritime, and $511.2 million by construction.
    Table VIII-9 shows the annualized costs of the proposed rule by
cost category and by industry for general industry and maritime, and
Table VIII-10 shows the annualized costs similarly disaggregated for
construction. These tables show that engineering control costs
represent 69 percent of the costs of the proposed standard for general
industry and maritime and 47 percent of the costs of the proposed
standard for construction. Considering other leading cost categories,
costs for exposure assessment and respirators represent, respectively,
20 percent and 5 percent of the costs of the proposed standard for
general industry and maritime; costs for respirators and medical
surveillance represent, respectively, 16 percent and 15 percent of the
costs of the proposed standard for construction.
    While the costs presented here represent the Agency's best estimate
of the costs to industry of complying with the proposed rule under
static conditions (that is, using existing technology and the current
deployment of workers), OSHA recognizes that the actual costs could be
somewhat higher or lower, depending on the Agency's possible
overestimation or underestimation of various cost factors. In Chapter
VII of the PEA, OSHA provides a sensitivity analysis of its cost
estimates by modifying certain critical unit cost factors. Beyond the
sensitivity analysis, however, OSHA believes its cost estimates may
significantly overstate the actual costs of the proposed rule because,
in response to the rule, industry may be able to take two types of
actions to reduce compliance costs.
    First, in construction, 53 percent of the estimated costs of the
proposed rule (all costs except engineering controls) vary directly
with the number of workers exposed to silica. However, as shown in
Table VIII-3 of this preamble, almost three times as many construction
workers would be affected by the proposed rule as would the number of
full-time-equivalent construction workers necessary to do the work.
This is because most construction workers currently do work involving
silica exposure for only a portion of their workday. In response to the
proposed rule, many employers are likely to assign work so that fewer
construction workers perform tasks involving silica exposure;
correspondingly, construction work involving silica exposure will tend
to become a full-time job for some construction workers.\13\ Were this
approach fully implemented in construction, the actual cost of the
proposed rule would decline by over 25 percent, or by $180 million
annually, to under $480 million annually.\14\
---------------------------------------------------------------------------

    \13\ There are numerous instances of job reassignments and job
specialties arising in response to OSHA regulation. For example,
asbestos removal and confined space work in construction have become
activities performed by well-trained specialized employees, not
general laborers (whose only responsibility is to identify the
presence of asbestos or a confined space situation and then to
notify the appropriate specialist).
    \14\ OSHA expected that such a structural change in construction
work assignments would not have a significant effect on the benefits
of the proposed rule. As discussed in Chapter VII of the PEA, the
benefits of the proposed rule are relatively insensitive to changes
in average occupational tenure or how total silica exposure in an
industry is distributed among individual workers.
---------------------------------------------------------------------------

    Second, the costs presented here do not take into account the
likely development and dissemination of cost-reducing compliance
technology in response to the proposed rule.\15\ One possible example
is the development of safe substitutes for silica sand in abrasive
blasting operations, repair and replacement of refractory materials,
foundry operations, and the railroad transportation industry. Another
is expanded uses of automated processes, which would allow workers to
be isolated from the points of operation that involve silica exposure
(such as tasks between the furnace and the pouring machine in foundries
and at sand transfer stations in structural clay production
facilities). Yet another example is the further development and use of
bags with valves that seal effectively when filled, thereby preventing
product leakage and worker exposure (for example, in mineral processing
and concrete products industries). Probably the most pervasive and
significant technological advances, however, will likely come from the
integration of compliant control technology into production equipment
as standard equipment. Such advances would both increase the
effectiveness and reduce the costs of silica controls retrofitted to
production equipment. Possible examples include local exhaust
ventilation (LEV) systems attached to portable tools used by grinders
and tuckpointers; enclosed operator cabs equipped with air filtration
and air conditioning in industries that mechanically transfer silica or
silica-containing materials; and machine-integrated wet dust
suppression systems used, for example, in road milling operations. Of
course, all the possible technological advances in response to the
proposed rule and their effects on costs are difficult to predict.\16\
---------------------------------------------------------------------------

    \15\ Evidence of such technological responses to regulation is
widespread (see for example Ashford, Ayers, and Stone (1985), OTA
(1995), and OSHA's regulatory reviews of existing standards under
Sec.  610 of the Regulatory Flexibility Act (``610 lookback
reviews'')).
    \16\ A dramatic example from OSHA's 610 lookback review of its
1984 ethylene oxide (EtO) standard is the use of EtO as a sterilant.
OSHA estimated the costs of add-on controls for EtO sterilization,
but in response to the standard, improved EtO sterilizers with
built-in controls were developed and widely disseminated at about
half the cost of the equipment with add-on controls. (See OSHA,
2005.) Lower-cost EtO sterilizers with built-in controls did not
exist, and their development had not been predicted by OSHA, at the
time the final rule was published in 1984.
---------------------------------------------------------------------------

    OSHA has decided at this time not to create a more dynamic and
predictive analysis of possible cost-reducing

technological advances or worker specialization because the
technological and economic feasibility of the proposed rule can easily
be demonstrated using existing technology and employment patterns.
However, OSHA believes that actual costs, if future developments of
this type were fully accounted for, would be lower than those estimated
here.
    OSHA invites comment on this discussion concerning the costs of the
proposed rule.

   Table VIII-8--Annualized Compliance Costs for Employers in General Industry, Maritime, and Construction Affected by OSHA's Proposed Silica Standard
                                                                     [2009 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Engineering
                                             controls                                                                        Regulated
                Industry                     (includes      Respirators      Exposure         Medical        Training        areas or          Total
                                             abrasive                       assessment     surveillance                   access control
                                             blasting)
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Industry........................     $88,442,480      $6,914,225     $29,197,633      $2,410,253      $2,952,035      $2,580,728    $132,497,353
Maritime................................      12,797,027              NA         671,175         646,824          43,865          70,352      14,229,242
Construction............................     242,579,193      84,004,516      44,552,948      76,012,451      47,270,844      16,745,663     511,165,616
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................     343,818,700      90,918,741      74,421,757      79,069,527      50,266,744      19,396,743     657,892,211
--------------------------------------------------------------------------------------------------------------------------------------------------------
U.S. Source: U.S. Dept. of Labor, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis, based on ERG (2007a, 2007b, and 2013).

         Table VIII-9--Annualized Compliance Costs for All General Industry and Maritime Establishments Affected by the Proposed Silica Standard
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Engineering
                                                          controls
          NAICS                      Industry             (includes    Respirators    Exposure       Medical      Training      Regulated       Total
                                                          abrasive                   assessment   surveillance                    areas
                                                          blasting)
--------------------------------------------------------------------------------------------------------------------------------------------------------
324121...................  Asphalt paving mixture and       $179,111        $2,784        $8,195          $962       $49,979        $1,038      $242,070
                            block manufacturing.
324122...................  Asphalt shingle and roofing     2,194,150       113,924       723,761        39,364        43,563        42,495     3,157,257
                            materials.
325510...................  Paint and coating                       0        23,445        70,423         8,179        33,482         8,752       144,281
                            manufacturing.
327111...................  Vitreous china plumbing         1,128,859        76,502       369,478        26,795        29,006        28,554     1,659,194
                            fixtures & bathroom
                            accessories manufacturing.
327112...................  Vitreous china, fine            1,769,953       119,948       579,309        42,012        45,479        44,770     2,601,471
                            earthenware, & other
                            pottery product
                            manufacturing.
327113...................  Porcelain electrical supply     1,189,482        80,610       389,320        28,234        30,564        30,087     1,748,297
                            mfg.
327121...................  Brick and structural clay       6,966,654       154,040       554,322        53,831        51,566        57,636     7,838,050
                            mfg.
327122...................  Ceramic wall and floor tile     3,658,389        80,982       306,500        28,371        27,599        30,266     4,132,107
                            mfg.
327123...................  Other structural clay             826,511        18,320        72,312         6,417         6,302         6,838       936,699
                            product mfg.
327124...................  Clay refractory                   304,625        21,108       124,390         7,393        17,043         7,878       482,438
                            manufacturing.
327125...................  Nonclay refractory                383,919        26,602       156,769         9,318        21,479         9,929       608,017
                            manufacturing.
327211...................  Flat glass manufacturing...       227,805         8,960        29,108         3,138         2,800         3,344       275,155
327212...................  Other pressed and blown           902,802        34,398       111,912        12,048        10,708        12,839     1,084,706
                            glass and glassware
                            manufacturing.
327213...................  Glass container                   629,986        24,003        78,093         8,374         7,472         8,959       756,888
                            manufacturing.
327320...................  Ready-mixed concrete            7,029,710     1,862,221     5,817,205       652,249       454,630       695,065    16,511,080
                            manufacturing.
327331...................  Concrete block and brick        2,979,495       224,227       958,517        78,536       113,473        83,692     4,437,939
                            mfg.
327332...................  Concrete pipe mfg..........     1,844,576       138,817       593,408        48,621        70,250        51,813     2,747,484
327390...................  Other concrete product mfg.     8,660,830       651,785     2,786,227       228,290       329,844       243,276    12,900,251
327991...................  Cut stone and stone product     5,894,506       431,758     1,835,498       151,392       126,064       161,080     8,600,298
                            manufacturing.
327992...................  Ground or treated mineral       3,585,439        51,718       867,728        18,134        52,692        19,295     4,595,006
                            and earth manufacturing.
327993...................  Mineral wool manufacturing.       897,980        36,654       122,015        12,852        11,376        13,675     1,094,552
327999...................  All other misc. nonmetallic     1,314,066        98,936       431,012        34,691        50,435        36,911     1,966,052
                            mineral product mfg.
331111...................  Iron and steel mills.......       315,559        17,939        72,403         6,129         5,836         6,691       424,557
331112...................  Electrometallurgical                6,375           362         1,463           124           118           135         8,577
                            ferroalloy product
                            manufacturing.
331210...................  Iron and steel pipe and            62,639         3,552        14,556         1,239         1,222         1,328        84,537
                            tube manufacturing from
                            purchased steel.
331221...................  Rolled steel shape                 31,618         1,793         7,348           625           617           670        42,672
                            manufacturing.
331222...................  Steel wire drawing.........        42,648         2,419         9,911           843           832           904        57,557
331314...................  Secondary smelting and             21,359         1,213         4,908           419           406           453        28,757
                            alloying of aluminum.
331423...................  Secondary smelting,                 3,655           207           857            72            71            78         4,940
                            refining, and alloying of
                            copper.
331492...................  Secondary smelting,                27,338         1,551         6,407           539           531           580        36,946
                            refining, and alloying of
                            nonferrous metal (except
                            cu & al).
331511...................  Iron foundries.............    11,372,127       645,546     2,612,775       223,005       216,228       241,133    15,310,815
331512...................  Steel investment foundries.     3,175,862       179,639       739,312        62,324        58,892        67,110     4,283,138
331513...................  Steel foundries (except         3,403,790       193,194       794,973        67,027        65,679        72,174     4,596,837
                            investment).
331524...................  Aluminum foundries (except      5,155,172       291,571     1,220,879       101,588        97,006       108,935     6,975,150
                            die-casting).
331525...................  Copper foundries (except        1,187,578        67,272       309,403        23,668        23,448        25,095     1,636,463
                            die-casting).

331528...................  Other nonferrous foundries        914,028        51,701       212,778        17,937        16,949        19,314     1,232,708
                            (except die-casting).
332111...................  Iron and steel forging.....        77,324         4,393        19,505         1,538         1,555         1,640       105,955
332112...................  Nonferrous forging.........        25,529         1,451         6,440           508           513           541        34,982
332115...................  Crown and closure                   9,381           532         2,236           186           186           199        12,720
                            manufacturing.
332116...................  Metal stamping.............       188,102        10,676        45,595         3,734         3,736         3,988       255,832
332117...................  Powder metallurgy part             24,250         1,375         5,727           481           479           514        32,828
                            manufacturing.
332211...................  Cutlery and flatware               16,763           952         4,229           333           337           355        22,970
                            (except precious)
                            manufacturing.
332212...................  Hand and edge tool                106,344         6,041        26,356         2,110         2,118         2,255       145,223
                            manufacturing.
332213...................  Saw blade and handsaw              21,272         1,209         5,090           418           411           451        28,851
                            manufacturing.
332214...................  Kitchen utensil, pot, and          11,442           650         2,886           228           230           243        15,678
                            pan manufacturing.
332323...................  Ornamental and                     28,010         1,089         4,808           383           572           406        35,267
                            architectural metal work.
332439...................  Other metal container              44,028         2,502        11,106           876           885           934        60,330
                            manufacturing.
332510...................  Hardware manufacturing.....       131,574         7,476        33,190         2,617         2,646         2,790       180,292
332611...................  Spring (heavy gauge)               11,792           670         2,974           235           237           250        16,158
                            manufacturing.
332612...................  Spring (light gauge)               44,511         2,529        11,228           885           895           944        60,992
                            manufacturing.
332618...................  Other fabricated wire             105,686         6,005        26,659         2,102         2,125         2,241       144,819
                            product manufacturing.
332710...................  Machine shops..............       774,529        44,074       211,043        15,533        16,157        16,423     1,077,759
332812...................  Metal coating and allied        2,431,996        94,689       395,206        33,145        48,563        35,337     3,038,935
                            services.
332911...................  Industrial valve                  111,334         6,316        25,894         2,197         2,159         2,361       150,261
                            manufacturing.
332912...................  Fluid power valve and hose        103,246         5,863        24,854         2,040         2,021         2,189       140,213
                            fitting manufacturing.
332913...................  Plumbing fixture fitting           33,484         1,901         8,060           661           655           710        45,472
                            and trim manufacturing.
332919...................  Other metal valve and pipe         52,542         2,984        12,648         1,038         1,028         1,114        71,354
                            fitting manufacturing.
332991...................  Ball and roller bearing            79,038         4,488        19,027         1,561         1,547         1,676       107,338
                            manufacturing.
332996...................  Fabricated pipe and pipe           78,951         4,483        19,006         1,560         1,545         1,674       107,219
                            fitting manufacturing.
332997...................  Industrial pattern                 15,383           874         3,703           304           301           326        20,891
                            manufacturing.
332998...................  Enameled iron and metal            46,581         2,225         9,304           774           969           831        60,684
                            sanitary ware
                            manufacturing.
332999...................  All other miscellaneous           209,692        11,915        53,603         4,181         4,256         4,446       288,093
                            fabricated metal product
                            manufacturing.
333319...................  Other commercial and              154,006         8,741        37,161         3,053         3,046         3,266       209,273
                            service industry machinery
                            manufacturing.
333411...................  Air purification equipment         43,190         2,453        10,037           847           823           916        58,265
                            manufacturing.
333412...................  Industrial and commercial          30,549         1,735         7,099           599           582           648        41,212
                            fan and blower
                            manufacturing.
333414...................  Heating equipment (except          59,860         3,399        13,911         1,174         1,141         1,269        80,754
                            warm air furnaces)
                            manufacturing.
333511...................  Industrial mold                   116,034         6,597        30,348         2,317         2,375         2,460       160,131
                            manufacturing.
333512...................  Machine tool (metal cutting        49,965         2,839        12,313           988           985         1,059        68,151
                            types) manufacturing.
333513...................  Machine tool (metal forming        24,850         1,411         6,157           495           500           527        33,940
                            types) manufacturing.
333514...................  Special die and tool, die         167,204         9,513        44,922         3,346         3,458         3,545       231,988
                            set, jig, and fixture
                            manufacturing.
333515...................  Cutting tool and machine          101,385         5,764        26,517         2,025         2,075         2,150       139,916
                            tool accessory
                            manufacturing.
333516...................  Rolling mill machinery and          8,897           506         2,327           178           182           189        12,279
                            equipment manufacturing.
333518...................  Other metalworking                 36,232         2,060         9,476           724           742           768        50,002
                            machinery manufacturing.
333612...................  Speed changer, industrial          35,962         2,043         8,308           702           674           763        48,452
                            high-speed drive, and gear
                            manufacturing.
333613...................  Mechanical power                   45,422         2,581        10,493           886           852           963        61,197
                            transmission equipment
                            manufacturing.
333911...................  Pump and pumping equipment         89,460         5,077        21,139         1,767         1,746         1,897       121,086
                            manufacturing.
333912...................  Air and gas compressor             62,241         3,534        14,975         1,230         1,219         1,320        84,518
                            manufacturing.
333991...................  Power-driven handtool              25,377         1,441         6,105           501           497           538        34,459
                            manufacturing.
333992...................  Welding and soldering              46,136         2,622        10,882           904           879           978        62,401
                            equipment manufacturing.
333993...................  Packaging machinery                61,479         3,491        15,004         1,219         1,218         1,304        83,714
                            manufacturing.
333994...................  Industrial process furnace         31,154         1,768         7,694           620           626           661        42,523
                            and oven manufacturing.
333995...................  Fluid power cylinder and           57,771         3,280        13,532         1,137         1,113         1,225        78,057
                            actuator manufacturing.
333996...................  Fluid power pump and motor         39,598         2,247         9,296           782           772           840        53,535
                            manufacturing.

333997...................  Scale and balance (except          10,853           616         2,688           216           218           230        14,822
                            laboratory) manufacturing.
333999...................  All other miscellaneous           152,444         8,657        36,677         3,012         2,985         3,232       207,006
                            general purpose machinery
                            manufacturing.
334518...................  Watch, clock, and part              6,389           363         1,596           127           129           135         8,740
                            manufacturing.
335211...................  Electric housewares and            11,336           437         1,641           149           203           163        13,928
                            household fans.
335221...................  Household cooking appliance        24,478           944         3,543           321           438           352        30,077
                            manufacturing.
335222...................  Household refrigerator and         26,139         1,009         3,784           343           468           376        32,118
                            home freezer manufacturing.
335224...................  Household laundry equipment        24,839           958         3,596           326           444           357        30,521
                            manufacturing.
335228...................  Other major household              19,551           754         2,830           256           350           281        24,023
                            appliance manufacturing.
336111...................  Automobile manufacturing...       218,635        12,444        49,525         4,203         3,914         4,636       293,357
336112...................  Light truck and utility           301,676        17,170        68,335         5,799         5,400         6,397       404,778
                            vehicle manufacturing.
336120...................  Heavy duty truck                   93,229         5,303        21,179         1,800         1,692         1,977       125,181
                            manufacturing.
336211...................  Motor vehicle body                138,218         7,849        32,738         2,722         2,674         2,931       187,131
                            manufacturing.
336212...................  Truck trailer manufacturing        93,781         5,325        21,786         1,841         1,791         1,989       126,512
336213...................  Motor home manufacturing...        62,548         3,557        14,284         1,212         1,147         1,326        84,073
336311...................  Carburetor, piston, piston         30,612         1,739         7,044           598           576           649        41,219
                            ring, and valve
                            manufacturing.
336312...................  Gasoline engine and engine        192,076        10,910        44,198         3,753         3,616         4,073       258,625
                            parts manufacturing.
336322...................  Other motor vehicle               180,164        10,233        41,457         3,520         3,392         3,820       242,586
                            electrical and electronic
                            equipment manufacturing.
336330...................  Motor vehicle steering and        114,457         6,504        26,216         2,228         2,128         2,427       153,960
                            suspension components
                            (except spring)
                            manufacturing.
336340...................  Motor vehicle brake system         98,118         5,573        22,578         1,917         1,847         2,080       132,114
                            manufacturing.
336350...................  Motor vehicle transmission        243,348        13,832        55,796         4,730         4,510         5,160       327,377
                            and power train parts
                            manufacturing.
336370...................  Motor vehicle metal               321,190        18,237        73,408         6,282         6,057         6,810       431,985
                            stamping.
336399...................  All other motor vehicle           433,579        24,628        99,769         8,472         8,162         9,194       583,803
                            parts manufacturing.
336611...................  Ship building and repair...     7,868,944            NA       412,708       397,735        26,973        43,259     8,749,619
336612...................  Boat building..............     4,928,083            NA       258,467       249,089        16,892        27,092     5,479,624
336992...................  Military armored vehicle,          20,097         1,142         4,786           394           383           426        27,227
                            tank, and tank component
                            manufacturing.
337215...................  Showcase, partition,              171,563         9,741        41,962         3,405         3,412         3,638       233,720
                            shelving, and locker
                            manufacturing.
339114...................  Dental equipment and              272,308        15,901        48,135         5,524         4,157         5,930       351,955
                            supplies manufacturing.
339116...................  Dental laboratories........       103,876        62,183       892,167        21,602       335,984        23,193     1,439,004
339911...................  Jewelry (except costume)          260,378       198,421       876,676        69,472        81,414        73,992     1,560,353
                            manufacturing.
339913...................  Jewelers' materials and            53,545        40,804       180,284        14,287        16,742        15,216       320,878
                            lapidary work
                            manufacturing.
339914...................  Costume jewelry and novelty        54,734        27,779       122,885         9,726        11,337        10,359       236,821
                            manufacturing.
339950...................  Sign manufacturing.........       227,905         9,972        44,660         3,491         5,173         3,718       294,919
423840...................  Industrial supplies,               97,304         8,910        60,422         3,149         4,199         3,315       177,299
                            wholesalers.
482110...................  Rail transportation........             0       327,176     1,738,398       110,229       154,412       121,858     2,452,073
621210...................  Dental offices.............        24,957        14,985       251,046         5,286        87,408         5,572       389,256
                                                       -------------------------------------------------------------------------------------------------
                           Total......................   101,239,507     6,914,225    29,868,808     3,057,076     2,995,900     2,651,079   146,726,595
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: U.S. Dept. of Labor, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis, based on ERG (2013).

                    Table VIII-10--Annualized Compliance Costs for Construction Employers Affected by OSHA's Proposed Silica Standard
                                                                     [2009 dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Engineering
                                                          controls                                                              Regulated
          NAICS                      Industry             (includes    Respirators    Exposure       Medical      Training      areas and       Total
                                                          abrasive                   assessment   surveillance                   access
                                                          blasting)                                                              control
--------------------------------------------------------------------------------------------------------------------------------------------------------
236100...................  Residential Building          $14,610,121    $2,356,507    $1,949,685    $2,031,866    $1,515,047      $825,654   $23,288,881
                            Construction.
236200...................  Nonresidential Building        16,597,147     7,339,394     4,153,899     6,202,842     4,349,517     1,022,115    39,664,913
                            Construction.
237100...................  Utility System Construction    30,877,799     2,808,570     4,458,900     2,386,139     5,245,721       941,034    46,718,162
237200...................  Land Subdivision...........       676,046        59,606       128,183        51,327       173,183        22,443     1,110,789
237300...................  Highway, Street, and Bridge    16,771,688     2,654,815     3,538,146     2,245,164     4,960,966       637,082    30,807,861
                            Construction.

237900...................  Other Heavy and Civil           4,247,372       430,127       825,247       367,517     1,162,105       131,843     7,164,210
                            Engineering Construction.
238100...................  Foundation, Structure, and     66,484,670    59,427,878    17,345,127    50,179,152    14,435,854     8,034,530   215,907,211
                            Building Exterior
                            Contractors.
238200...................  Building Equipment              3,165,237       366,310       394,270       316,655       526,555       133,113     4,902,138
                            Contractors.
238300...................  Building Finishing             34,628,392     2,874,918     2,623,763     5,950,757     3,156,004     1,025,405    50,259,239
                            Contractors.
238900...................  Other Specialty Trade          43,159,424     4,044,680     5,878,597     4,854,336     7,251,924     2,815,017    68,003,978
                            Contractors.
999000...................  State and Local Governments    11,361,299     1,641,712     3,257,131     1,426,696     4,493,968     1,157,427    23,338,234
                            [c].
                                                       -------------------------------------------------------------------------------------------------
                           Total--Construction........   242,579,193    84,004,516    44,552,948    76,012,451    47,270,844    16,745,663   511,165,616
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: U.S. Dept. of Labor, OSHA, Directorate of Standards and Guidance, Office of Regulatory Analysis, based on ERG (2013).

1. Unit Costs, Other Cost Parameters, and Methodological Assumptions by
Major Provision
    Below, OSHA summarizes its methodology for estimating unit and
total costs for the major provisions required under the proposed silica
standard. For a full presentation of the cost analysis, see Chapter V
of the PEA and ERG (2007a, 2007b, 2011, 2013). OSHA invites comment on
all aspects of its preliminary cost analysis.
a. Engineering Controls
    Engineering controls include such measures as local exhaust
ventilation, equipment hoods and enclosures, dust suppressants, spray
booths and other forms of wet methods, high efficient particulate air
(HEPA) vacuums, and control rooms.
    Following ERG's (2011) methodology, OSHA estimated silica control
costs on a per-worker basis, allowing the costs to be related directly
to the estimates of the number of overexposed workers. OSHA then
multiplied the estimated control cost per worker by the numbers of
overexposed workers for both the proposed PEL of 50 [mu]g/m\3\ and the
alternative PEL of 100 [mu]g/m\3\, introduced for economic analysis
purposes. The numbers of workers needing controls (i.e., workers
overexposed) are based on the exposure profiles for at-risk occupations
developed in the technological feasibility analysis in Chapter IV of
the PEA and estimates of the number of workers employed in these
occupations developed in the industry profile in Chapter III of the
PEA. This worker-based method is necessary because, even though the
Agency has data on the number of firms in each affected industry, on
the occupations and industrial activities with worker exposure to
silica, on exposure profiles of at-risk occupations, and on the costs
of controlling silica exposure for specific industrial activities, OSHA
does not have a way to match up these data at the firm level. Nor does
OSHA have facility-specific data on worker exposure to silica or even
facility-specific data on the level of activity involving worker
exposure to silica. Thus, OSHA could not directly estimate per-
affected-facility costs, but instead, first had to estimate aggregate
compliance costs and then calculate the average per-affected-facility
costs by dividing aggregate costs by the number of affected facilities.
    In general, OSHA viewed the extent to which exposure controls are
already in place to be reflected in the distribution of overexposures
among the affected workers. Thus, for example, if 50 percent of workers
in a given occupation are found to be overexposed relative to the
proposed silica PEL, OSHA judged this equivalent to 50 percent of
facilities lacking the relevant exposure controls. The remaining 50
percent of facilities are expected either to have installed the
relevant controls or to engage in activities that do not require that
the exposure controls be in place. OSHA recognizes that some facilities
might have the relevant controls in place but are still unable, for
whatever reason, to achieve the PEL under consideration. ERG's review
of the industrial hygiene literature and other source materials (as
noted in ERG, 2007b), however, suggest that the large majority of
overexposed workers lack relevant controls. Thus, OSHA has generally
assumed that overexposures occur due to the absence of suitable
controls. This assumption results in an overestimate of costs since, in
some cases, employers may merely need to upgrade or better maintain
existing controls or to improve work practices rather than to install
and maintain new controls.
    There are two situations in which the proportionality assumption
may oversimplify the estimation of the costs of the needed controls.
First, some facilities may have the relevant controls in place but are
still unable, for whatever reason, to achieve the PEL under
consideration for all employees. ERG's review of the industrial hygiene
literature and other source materials (as noted in ERG, 2007b, pg. 3-
4), however, suggest that the large majority of overexposed workers
lack relevant controls. Thus, OSHA has generally assumed that
overexposures occur due to the absence of suitable controls. This
assumption could, in some cases, result in an overestimate of costs
where employers merely need to upgrade or better maintain existing
controls or to improve work practices rather than to install and
maintain new controls. Second, there may be situations where facilities
do not have the relevant controls in place but nevertheless have only a
fraction of all affected employees above the PEL. If, in such
situations, an employer would have to install all the controls
necessary to meet the PEL, OSHA may have underestimated the control
costs. However, OSHA believes that, in general, employers could come
into compliance by such methods as checking the work practices of the
employee who is above the PEL or installing smaller amounts of LEV at
costs that would be more or less proportional to the costs for all
employees. Nevertheless there may be situations in which a complete set
of controls would be necessary if even one employee in a work area is
above the PEL. OSHA welcomes comment on the extent to which this
approach may yield underestimates or overestimates of costs.
    At many workstations, employers must improve ventilation to reduce
silica exposures. Ventilation improvements will take a variety of

forms at different workstations and in different facilities and
industries. The cost of ventilation enhancements generally reflects the
expense of ductwork and other equipment for the immediate workstation
or individual location and, potentially, the cost of incremental
capacity system-wide enhancements and increased operation costs for the
heating, ventilation, and air conditioning (HVAC) system for the
facility.
    For a number of occupations, the technological feasibility analysis
indicates that, in addition to ventilation, the use of wet methods,
improved housekeeping practices, and enclosure of process equipment are
needed to reduce silica exposures. The degree of incremental
housekeeping depends upon how dusty the operations are and the
applicability of HEPA vacuums or other equipment to the dust problem.
The incremental costs for most such occupations arise due to the labor
required for these additional housekeeping efforts. Because additional
labor for housekeeping will be required on virtually every work shift
by most of the affected occupations, the costs of housekeeping are
substantial. Employers also need to purchase HEPA vacuums and must
incur the ongoing costs of HEPA vacuum filters. To reduce silica
exposures by enclosure of process equipment, such as in the use of
conveyors near production workers in mineral processing, covers can be
particularly effective where silica-containing materials are
transferred (and notable quantities of dust become airborne), or, as
another example, where dust is generated, such as in sawing or grinding
operations.
    For construction, ERG (2007a) defined silica dust control measures
for each representative job as specified in Table 1 of the proposed
rule. Generally, these controls involve either a dust collection system
or a water-spray approach (wet method) to capture and suppress the
release of respirable silica dust. Wet-method controls require a water
source (e.g., tank) and hoses. The size of the tank varies with the
nature of the job and ranges from a small hand-pressurized tank to a
large tank for earth drilling operations. Depending on the tool, dust
collection methods entail vacuum equipment, including a vacuum unit and
hoses, and either a dust shroud or an extractor. For example, concrete
grinding operations using hand-held tools require dust shroud adapters
for each tool and a vacuum. The capacity of the vacuum depends on the
type and size of tool being used. Some equipment, such as concrete
floor grinders, comes with a dust collection system and a port for a
vacuum hose. The estimates of control costs for those jobs using dust
collection methods assume that an HEPA filter will be required.
    For each job, ERG estimated the annual cost of the appropriate
controls and translated this cost to a daily charge. The unit costs for
control equipment were based on price information collected from
manufacturers and vendors. In some cases, control equipment costs were
based on data on equipment rental charges.
    As noted above, included among the engineering controls in OSHA's
cost model are housekeeping and dust-suppression controls in general
industry. For the maritime industry and for construction, abrasive
blasting operations are expected to require the use of wet methods to
control silica dust.
    Tables V-3, V-4, V-21, V-22, and V-31 in Chapter V of the PEA and
Tables V-A-1 and V-A-2 in Appendix V-A provide details on the unit
costs, other unit parameters, and methodological assumptions applied by
OSHA to estimate engineering control costs.
b. Respiratory Protection
    OSHA's cost estimates assume that implementation of the recommended
silica controls prevents workers in general industry and maritime from
being exposed over the PEL in most cases. Specifically, based on its
technological feasibility analysis, OSHA expects that the technical
controls are adequate to keep silica exposures at or below the PEL for
an alternative PEL of 100 [mu]g/m\3\ (introduced for economic analysis
purposes).\17\ For the proposed 50 [mu]g/m\3\ PEL, OSHA's feasibility
analysis suggests that the controls that employers use, either because
of technical limitations or imperfect implementation, might not be
adequate in all cases to ensure that worker exposures in all affected
job categories are at or below 50 [mu]g/m\3\. For this preliminary cost
analysis, OSHA estimates that ten percent of the at-risk workers in