Asphalt Pavement Magazine - November/December 2016 - 59


these requirements were stayed pending court challenges
and congressional inquiries. In 2015, the concrete
industry obtained additional relief from its 2013 petition
requesting an exemption from the 30-minute break
requirement. Subsequent to that exemption, asphalt
pavement mix hauling and production companies
also petitioned FMCSA for an exemption, using very
similar arguments based on the perishable nature of
the construction material. In 2015, FMCSA denied the
asphalt companies' petition. As part of the FAST Act,
Congress provided some regulatory HoS relief to the
asphalt pavement industry, but the 30-minute break
requirement remains in place. NAPA is developing a
formal petition to exempt the 30-minute break and
other recordkeeping requirements for the asphalt
pavement industry.
Another FMCSA regulation likely to affect most
industries is the agency's new requirement for electronic
logging devices (ELDs) to replace paper driving logs,
starting in December 2017. NAPA's petition for relief
of the 30-minute break requirement will also include a
petition for relief from the need to use ELDs.

Health & Safety Regulations
Over the past few years, OSHA has been busy finalizing
several new regulations that will have a large impact on
road construction and asphalt plant activities.
Starting in 2009, OSHA initiated changes to its
Hazard Communication Standard (HazCom) to align
U.S. rules with globally harmonized HazCom standards
for material warning labels and safety data sheets (SDSs).
The GHS rule became fully effective in June 2016,
requiring companies to meet training, labeling, and
communication obligations. In particular, chemical
materials used and produced by industry, including
asphalt pavement mixtures, must be evaluated against
the rule's definition of "hazardous" to determine if
specific warnings and labeling must be applied. Since the
rule is now fully in effect, OSHA or its state counterparts
are likely to actively inspect and enforce compliance in
2017. Historically, HazCom violations have been among
OSHA's most frequent reasons for citing companies.
Also, starting in January 2017, OSHA will require
electronic submission of injury and illness records.
Although the electronic reporting requirement generally
applies to companies with at least 250 employees,
companies in high-risk industries, which includes both
road construction and asphalt plant mixture production,
will need to submit electronic injury records if they
employ more than 20 workers per facility. On Nov. 1,
OSHA began enforcing provisions of the rule protecting

employees who report work-related injuries from
employer retaliation. OSHA is now scrutinizing workplace
policies and practices it feels may discourage injury
reporting, such as safety incentive programs and blanket
post-incident drug testing for workplace injuries. Industry
groups are challenging this provision in court. Most labor
attorneys suggest employers examine their drug testing
and safety incentive policies to ensure they cannot be
construed as retaliatory.
Lastly, OSHA's multi-year silica rulemaking was
finalized in 2016 with an effective date of June 2017 for
construction (e.g., paving/milling operations) and June
2018 for general industry (asphalt mix plants). Although
the rule substantially reduces the permissible exposure
limit (PEL) to airborne crystalline silica, the agency also
allows specific engineering controls to be used to comply
with the rules. Because of the asphalt industry's hard
work and ongoing agency partnership efforts, the silica
rule provides some relief for milling operations. So long
as large milling machines are equipped with OSHAapproved controls, a majority of the rule's requirements are
effectively waived.
However, as with other OSHA PELs, each employer
is required to understand and document employee
exposure in other activities or rely on objective data
to ensure compliance with the PEL. Currently, the
asphalt pavement industry is collecting objective data
for brooming operations and other activities that have
the potential to release airborne crystalline silica. Once
appropriate administrative or engineering controls are
identified and documented to reduce silica exposure,
NAPA will provide guidance to the industry. In the
interim, it is important for company representatives to
understand how the rule will affect current and future
road construction equipment-purchasing decisions
especially for mills and brooming equipment.

Summary
Over the past two years, a number of EH&S regulations
affecting the asphalt pavement industry have come into
effect. Although some of the more burdensome rules
are facing legal and/or congressional challenges, it is
important to realize that most of these regulations are
now final and companies have compliance obligations
that must be met. In the coming year, agencies are certain
to be looking to enforce these new regulations and will be
monitoring for compliance and violations. AP
Dr. Howard Marks is NAPA Vice President of
Environmental, Health & Safety. Contact him at HMarks@
AsphaltPavement.org.
Asphalt Pavement Magazine - November/December 2016 * 59



Table of Contents for the Digital Edition of Asphalt Pavement Magazine - November/December 2016

President’s Perspective Asphalt — The Sustainable Choice
Industry News
Creating a Sustainability Program: Going Forward
2017 NAPA Annual Meeting Preview Strategies in a Changing Market
Developing a Stronger, Healthier Safety Culture
EH&S Training for the Upcoming Season
Are You Ready for OSHA’s New Silica Rule?
Resources to Reach Your Community with Real, Positive Information
EH&S Regulatory Outlook
Industry Calendar
Index of Advertisers / Advertisers.com
Asphalt Pavement Magazine - November/December 2016 - cover1
Asphalt Pavement Magazine - November/December 2016 - cover2
Asphalt Pavement Magazine - November/December 2016 - 3
Asphalt Pavement Magazine - November/December 2016 - 4
Asphalt Pavement Magazine - November/December 2016 - 5
Asphalt Pavement Magazine - November/December 2016 - 6
Asphalt Pavement Magazine - November/December 2016 - 7
Asphalt Pavement Magazine - November/December 2016 - 8
Asphalt Pavement Magazine - November/December 2016 - President’s Perspective Asphalt — The Sustainable Choice
Asphalt Pavement Magazine - November/December 2016 - 10
Asphalt Pavement Magazine - November/December 2016 - 11
Asphalt Pavement Magazine - November/December 2016 - 12
Asphalt Pavement Magazine - November/December 2016 - Industry News
Asphalt Pavement Magazine - November/December 2016 - 14
Asphalt Pavement Magazine - November/December 2016 - 15
Asphalt Pavement Magazine - November/December 2016 - 16
Asphalt Pavement Magazine - November/December 2016 - Creating a Sustainability Program: Going Forward
Asphalt Pavement Magazine - November/December 2016 - 18
Asphalt Pavement Magazine - November/December 2016 - 19
Asphalt Pavement Magazine - November/December 2016 - 20
Asphalt Pavement Magazine - November/December 2016 - 21
Asphalt Pavement Magazine - November/December 2016 - 22
Asphalt Pavement Magazine - November/December 2016 - 23
Asphalt Pavement Magazine - November/December 2016 - 2017 NAPA Annual Meeting Preview Strategies in a Changing Market
Asphalt Pavement Magazine - November/December 2016 - 25
Asphalt Pavement Magazine - November/December 2016 - 26
Asphalt Pavement Magazine - November/December 2016 - 27
Asphalt Pavement Magazine - November/December 2016 - Developing a Stronger, Healthier Safety Culture
Asphalt Pavement Magazine - November/December 2016 - 29
Asphalt Pavement Magazine - November/December 2016 - 30
Asphalt Pavement Magazine - November/December 2016 - 31
Asphalt Pavement Magazine - November/December 2016 - 32
Asphalt Pavement Magazine - November/December 2016 - 33
Asphalt Pavement Magazine - November/December 2016 - 34
Asphalt Pavement Magazine - November/December 2016 - 35
Asphalt Pavement Magazine - November/December 2016 - EH&S Training for the Upcoming Season
Asphalt Pavement Magazine - November/December 2016 - 37
Asphalt Pavement Magazine - November/December 2016 - 38
Asphalt Pavement Magazine - November/December 2016 - 39
Asphalt Pavement Magazine - November/December 2016 - 40
Asphalt Pavement Magazine - November/December 2016 - 41
Asphalt Pavement Magazine - November/December 2016 - 42
Asphalt Pavement Magazine - November/December 2016 - 43
Asphalt Pavement Magazine - November/December 2016 - Are You Ready for OSHA’s New Silica Rule?
Asphalt Pavement Magazine - November/December 2016 - 45
Asphalt Pavement Magazine - November/December 2016 - 46
Asphalt Pavement Magazine - November/December 2016 - 47
Asphalt Pavement Magazine - November/December 2016 - 48
Asphalt Pavement Magazine - November/December 2016 - 49
Asphalt Pavement Magazine - November/December 2016 - 50
Asphalt Pavement Magazine - November/December 2016 - 51
Asphalt Pavement Magazine - November/December 2016 - Resources to Reach Your Community with Real, Positive Information
Asphalt Pavement Magazine - November/December 2016 - 53
Asphalt Pavement Magazine - November/December 2016 - 54
Asphalt Pavement Magazine - November/December 2016 - 55
Asphalt Pavement Magazine - November/December 2016 - 56
Asphalt Pavement Magazine - November/December 2016 - EH&S Regulatory Outlook
Asphalt Pavement Magazine - November/December 2016 - 58
Asphalt Pavement Magazine - November/December 2016 - 59
Asphalt Pavement Magazine - November/December 2016 - Industry Calendar
Asphalt Pavement Magazine - November/December 2016 - 61
Asphalt Pavement Magazine - November/December 2016 - Index of Advertisers / Advertisers.com
Asphalt Pavement Magazine - November/December 2016 - cover3
Asphalt Pavement Magazine - November/December 2016 - cover4
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