New Jersey Law Bans Dry Cutting of Masonry

Research by CPWR and others has shown that dry cutting or dry grinding of masonry or concrete results in high exposures to silica dust among workers, with the highest measured personal exposure more than 200 times the NIOSH recommended exposure limit (REL) for silica. Use of tools that have local-exhaust ventilation and water-fed cutting systems can dramatically reduce exposures and the risk of silicosis – a sometimes deadly lung disease.

Early in 2004, the International Union of Bricklayers and Allied Craftworkers and other labor organizations in New Jersey worked with legislators to reduce worker exposures to silica. The proposal was to prohibit dry cutting of masonry and require use of water or engineering and work-practice controls for the dust, unless a contractor can show that such controls are not feasible. Acting Governor Richard J. Codey signed the bill and it became law December 9, 2004. If no other protections are possible, the employer is to provide full-face respirators as part of a complete, OSHA-approved program.

OSHA has a permissible exposure limit (PEL) for silica and began a special emphasis program in 1996 focusing on the silica hazard. The agency began public hearings in 1999 on development of a comprehensive standard, but has not yet published a final rule.

New Jersey ’s move is believed to be the first such state law. A copy of the law can be downloaded from www.njleg.state.nj.us/2004/Bills/PL04/172_.PDF

Reprinted with permission from the Center to Protect Workers Right.

Editors Note: After many years of discussion and education, New Jersey legislators took an important step to protect workers in that state from exposure to unhealthy – even deadly – levels of silica dust. BAC Executive Vice President Gerald O’Malley, along with Local 5 NJ Business Manager Chuck Perrone, testified in support of this important initiative. “Our hope is that other states will follow New Jersey’s example,” says O’Malley. “If every contractor and state would simply do the right thing, then a huge category of work-related illnesses could be eliminated.”