If employees are not covered by the standard because their exposures will remain below the AL under any foreseeable conditions, does the employer need to document this determination?

No. The standard does not require employers to document determinations about the applicability of the standard or the data on which such determinations are based. See 81 Fed. Reg. at 16706. However, an employer may document these determinations for its own purposes. Furthermore, OSHA notes that nothing in the silica standard alters employers’ duty to maintain employee exposure records under 29 C.F.R. § 1910.1020.

October 2018

Tags: OSHA