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An Update on Crystalline Silica

The Barytes Association 11th General Assembly

Cologne, 16 November 2005

Michelle Wyart-RemyIMA-Europe Secretary-General

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IMA-Europe

CCA-Europe EBA EUBA EUROFEL EUROSIL EUROTALC IDPA KPC-Europe EuroGypsum01.01.06

AffiliatedMinerals

Feldspar Talc Diatomite SepioliteWollastonite

300 companies (810 mines & quarries, 830 plants)100.000 employees

145 million tpa, EUR 13 billion

A representative membership

25 European Countries18 EU Member States + Bulgaria, Croatia, Romania,

Norway, Switzerland, Turkey and Ukraine

Kaolin Plastic clay

Bentonite IndustrialSilica

BorateGCC/PCCDolomite

Natural/FGD gypsum

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"If man wishes to live in silica free environment he must move to another planet"

Brian CoopeA Socio-Economic Review of Crystalline Silica UsageSeptember 1997

- EuropeIMA

They form 12% of the Earth crust !

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years

N°

new

case

s

0

100

200

300

400

500

600

700

79

80

81

82

83

84

85

86 87

88

89

90

91

92

93

94

95

96

UK

France

France: Statistiques Financières et Technologiques des Accidents du Travail, CNAM (1997)UK: Health & Safety Statistics, HSE (1985/86) (1996/97)

"Silicosis is a lung disease caused by inhaling damaging amounts of respirable free crystalline silica”

H. Weill, R. N. Jones, W. R. ParkesOccupational Lung Disorders 3rd edition, 1994

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Quartz and cristobalite OELs (respirable dust )in the EU and USA

All Industries (mg/m3) Special Legislation for Mines & Quarries (mg/m3)

Quartz Cristobalite Respirable dustAustria1 0.15 0.15Belgium 0.1 0.05Denmark1 0.1 0.05Finland 0.2 0.1France1 0.1 0.05 Lowest value between 5 and 25 K÷Q Germany 0.15 0.15Greece1 0.1 0.05Ireland 0.05 0.05Italy 0.05 0.05Netherlands 0.075 0.075Portugal 0.1 0.05 < 6%Q: 5, 6-25%Q: 2, > 25%Q: 1Spain 0.1 0.05 < 5%Q: 5, > 5%Q: 25 K÷%QSweden 0.1 0.05UK 0.3 (0.13) 0.3 (0.13)USA (ACGIH)2 0.05 0.05 USA (OSHA) 10 Q value < 5%Q: 2, > 5%Q: 10÷%Q

%Q+2 2 (1) In these countries, other limits are applied for dust containing quartz(2) 2004 draft proposal (NIC) for 0.025 mg/m³(3) HSE likely WEL proposal

National RCS OELS

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In making the overall evaluation, the Working Group noted that carcinogenicity was not detected in all industrial circumstances studied. Carcinogenicity may be dependent on inherent characteristics of the crystalline silica or on external factors affecting its biological activity or distribution of its polymorphs

Crystalline silica inhaled in the form of quartz or cristobalite from occupational sources is carcinogenic to humans (group 1)

Coal dust cannot be classified as to its carcinogenicity to humans (group 3)

(1) International Agency for Research on Cancer, Lyon

IARC(1) evaluated RCS variable hazardIARC Monographs 68, “Silica, silicates, dusts and organic dusts” (1997)

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Possible EU Regulatory Scenarios

IARC+ Scientific Evidence national experts evaluation

Workers Protection

EU DG Employment & Social Affairs

or Member States

OELs

in Annex I or BLV in Annex IIICarcinogens Directive

2004/37/EC

ILV OR BLV inChemical Agents Directive

98/24/EC

Classification& Labelling

EU DG Environment-JRC-ECB

CMR Working Group

Dangerous Substances Directive 67/548/EEC - 92/32/EEC

CS is ubiquitous IARC limited its

hazard to workplace

CS is not a priority for classificationin Directive 67/548

DG ENV-JRC-ECBIspra Oct. ‘98 & Sept ‘02

SCOEL SUM Doc

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Carcinogens Directive Scenario Protection of workers from risks related to exposure to carcinogens at work

2004/37/EC

substance

preparation

process

Agents

Obligations (in addition to 98/24)

replacement regardless of exposure

exposure reduction (closed systems)

information of Authority

stricter workers information & training

stricter hygiene & health surveillance medical record-keeping (40 years)

Risk assessment

Only BLV – EP/Council co-decision

+ Risks of obligations as if classified carcinogen:voluntary labelling recommendation; emission limits

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“The main effect in human of the inhalation of respirable silica dust is silicosis. There is sufficient information to conclude that the relative risk of lung cancer is increased in persons with silicosis (and apparently, not in employees without silicosis exposed to silica dust in quarries and in the ceramic industry). Therefore preventing the onset of silicosis will also reduce the cancer risk. Since a clear threshold for silicosis development cannot be identified, any reduction of exposure will reduce the risk of silicosis. (...) It arises that an OEL should lie below 0.05 mg/m3”

Silicosis control prevents cancerSilicosis control prevents cancerSCOEL SUM Doc 94-final, June 2002

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Phase 1 of Social Partners consultation on Carcinogens Directive Revision

• Establishing OELVs for carcinogens not yet listed in 2004/37 i.e. “occupational carcinogens”, such as crystalline silica, diesel exhaust, wood dust, radon decay products, solar radiation, passive smoking?

4 EC Questions, amongst which

Phase 1 consultation results not available (8 responses)

Phase 2 to be launched this month but proposal not before end of 2006

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Social Dialogue Agreement (Article 139 (1) & (2) EC Treaty)

Social Partners may suspend EC legislative initiative

signing up SDA (9 months to negotiate)

Social Partners may conclude SDA in absence of initiative

Negotiating Platform on Silica (NePSi) launched in May 2005

This initiative benefits from a grant of the EC

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Negotiation of a Social Dialogue Agreement on Workers Health Protection through

the Good Handling & Use of Crystalline Silica & Products Containing it

NePSi 1: Aggregates, Cement, Ceramics, Foundry, Glass Industrial Minerals, Metal Engineering & Technology- based industries, Mineral Wool, Mines, Mortar, Natural

Stones and Pre-cast Concrete

Employee organisations1: EMCEF – EMF

Employer organisations1: UEPG - Cembureau - Cerame-Unie - CAEF - CEEMET - GEPVP, APFE, ESGA, FEVE – IMA-Europe - EURIMA - Euromines - EMO – EURO ROC - BIBM

Observers: HSE (UK), BG (DE), INS (SP)

i.e. more than 2 million Employees

and a business exceeding € 250 billionThis initiative benefits from a grant of the EC

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Working Rules

• Balanced representation of Employees & Employers

• Split of responsibility between the Steering (Agreement) and the Technical

(Good Practices) Working Groups under Bureau (chairs) supervision

• Secretariat (IMA-Europe & EMCEF) assures administration and

communication during the negotiation

• Negotiation progresses remain confidential (restricted to the Parties)

• Observer status granted to organizations in the process of internal and/or

EC procedure) to join NePSi and to Experts (e.g. HSE, BG)

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Negotiation Practices

• Steering / Technical WGs step by step review of SDA / GPG

• Suggested amendments introduced in text during the meeting

• Revised SDA / GPG versions put on NePSi Extranet allowing

internal consultation by the Parties members before next meeting

• Informal adoption/further revision of text as amended in previous

meeting in the subsequent meeting

• Final approval and SDA / GPG adoption at the March Plenary

(at least 6 weeks after last Steering / Technical meetings)

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Three plenary meetings :

17 May 2005, 2 September 2005, and 2d half of March 2006

7 concurrent meetings of the steering and TC working groups :

18 May 2005, 1 September 2005, 5 October 2005, 20 October 2005,

13 December 2005, 10 January 2006, 1 February 2006

Negotiation Calendar

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Good Practices Guide on Dust Prevention in the Workplace: Respirable Crystalline Silica

Two parts:

1) Respirable Crystalline Silica Essentials

2) Task Guidance Sheets describing good practice techniques for various common tasks

Dialogue Agreement (SDA) on Crystalline Silica

A basis for negotiating a Social

Good Practices Guide for Dust Prevention in the Workplace: Respirable Crystalline Silica

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Part 2 - Task Sheets

2.1.1

Cleaning This activity relates to cleaning of surfaces in the workplace of substances, which may contain a proportion of crystalline silica dust. Cleaning should be carried out in a routine basis, but may also be required in response to a spillage of a substance containing crystalline silica.

Access

Restrict access to the work area to authorised and trained personnel only.

Design and equipment

Dust control can be achieved using wet cleaning methods, which prevent fine dust from becoming airborne by trapping it in water.

Wet cleaning methods may involve mopping, wet brushing or the use of water sprays or hoses.

Where water sprays are used, ensure that water supplies are adequate and that they are maintained. Take extra precautions during cold weather to protect against freezing.

When wetting bulk spillages of fine, dry dusty material it is best to use a fine mist. The use of a jet of water will cause dust to become airborne.

Where wet cleaning methods are used, electrical installations must be designed with protection against water ingress.

The provision of appropriate drainage systems is essential when using water sprays and hoses.

Dust control may also be achieved using dry cleaning methods, which involve vacuuming of the dry dust.

Industrial vacuum cleaners may be portable units, equipped with high efficiency filters.

Alternatively a building may be equipped with an integrated vacuum cleaning system, with strategically located connections leading to a central dust collector.

Note that vacuum cleaning systems are not generally suitable for cleaning up bulk spillages of powdered material; this may cause them to become overloaded and blocked.

Vacuum cleaning systems not generally suitable for cleaning up spillages of damp materials.

This guidance sheet is aimed at

employers to help them comply with

the requirements of workplace health

and safety legislation, by controlling

exposure to respirable crystalline

silica.

This document should also be made

available to persons who may be

exposed to respirable crystalline silica

in the workplace, in order that they

may make the best use of the control

measures which are implemented.

This sheet forms part of the EUROSIL

Good Practices Document on silica

dust prevention, which is aimed

specifically at the control of personal

exposure to respirable crystalline silica

dust in the workplace.

This sheet provides advice on dust

control during cleaning operations in

the workplace. It describes the key

points you need to follow to help

reduce exposure to an acceptable

level.

Maintenance

Ensure equipment used in the task is maintained as advised by the supplier/installer in efficient working order and in good repair.

Replace consumables (filters etc) in accordance with the manufacturer’s recommendations.

Examination and testing

Visually check the cleaning equipment at least once per week for signs of damage.

Have vacuum cleaning equipment tested against its performance standard at least once each year.

Keep records of all examinations, tests and maintenance for at least five years.

Cleaning and housekeeping

In order to prevent dust accumulating, clean your workplace on a regular basis.

Deal with spills immediately. When dealing with bulk spillages of fine, dry, dusty materials, ensure that cleaning work is undertaken following a written safe working procedure and using the information in this task sheet.

Do not clean up with a dry brush or using compressed air.

Use vacuum or wet cleaning methods.

Personal Protective Equipment

Personal exposure monitoring must be carried out to determine whether existing controls are adequate. If necessary, respiratory protective equipment (with the appropriate protection factor) should be provided and worn.

Keep personal protective equipment clean by storing it in a clean place when not in use.

Replace respiratory protective equipment at intervals recommended by its suppliers.

When cleaning dry dust, wear clothing made of a finely woven fabric to prevent dust being absorbed.

Training

Give your workers information on the health effects associated with respirable crystalline silica dust

Provide them with training on: dust exposure prevention; checking controls are working and using them; when and how to use any respiratory protective equipment provided and what to do if something goes wrong.

Supervision

Have a system to check that control measures are in place and that they are being followed.

Employee checklist for making the best use of the controls For wet cleaning

methods, make sure the water supply is working properly before starting the cleaning work.

For dry cleaning methods, make sure the vacuum cleaning system is working efficiently.

Check the condition of the filters used in vacuum cleaners weekly. Replace them if necessary.

Follow appropriate procedures when emptying vacuum cleaners of dust.

When cleaning up bulk spillages of fine, dry dusty materials, ensure that you work in accordance with your Company’s written safe working procedure.

Look for signs of damage, wear or poor operation of any equipment used. If you find any problems, tell your supervisor.

If you think there is a problem with your dust control equipment, ensure additional control measures are taken to reduce exposure to respirable crystalline silica dust while the problem persists..

Use, maintain and store any personal protective equipment provided in accordance with instructions.

Definition of

objective

Employee checklist

Title and (repeated) sub-titles

Picture or illustration

Concept of the GPD

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Social Dialogue Agreement on Workers Health

Protection through Good Handling & Use of

Crystalline Silica & Products containing it

ScopeCovers entire production and use of crystalline silica and

materials/products/raw materials containing crystalline silica

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• Compliance with Good Practices Guide

• Compliance with national and EU law (incl. national OELs)

• Continued use of crystalline silica

• Ancillary obligations, such as training;

monitoring of compliance; cooperation to increase knowledge (R&D)

• Reduction of failures (continuous improvement)

• Compliance procedure: confidential reporting to Monitoring Committee; Monitoring Cttee to provide summary report (no-names) to authorities; if repeated severe problems, Monitoring Cttee will decide on measures

• Dust monitoring

• Health surveillance (according to national law + minimum requirement recommendation)

• Procedure to adapt the Good Practices Guide (new)

Content of Draft RCS Agreement

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Social Dialogue Agreement (Article 139 (1) & (2) EC Treaty)

Autonomous SDA: social partners are responsible for the implementation

SDA implemented by Council decision/Directiveat the joint request of the signatories proposal from the Commission to the CouncilCouncil may not change SDA content

SDA becomes the law

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Challenges

• Acceptance of Good Practices instead of Regulation

(e.g. substitution principle)

• Resolution of possible divergent positions

• EC assessment of the pertinence of the SDA in revising

Carcinogens Directive: SDA may inspire or be the law or

be disregarded

• Coverage of the SDA – Sectors representation

• Autonomous implementation or extension to Directive?

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Thank you for your Thank you for your attentionattention

For more details please contactFor more details please contactM. Wyart-Remy, PhDM. Wyart-Remy, PhDIMA-Europe, BrusselsIMA-Europe, Brussels

Tel: +322 524 55 00Tel: +322 524 55 00Fax: +322 525 45 75Fax: +322 525 45 75e-mail: secretariat@ima-eu.orge-mail: secretariat@ima-eu.org

http://www.ima-eu.org