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Measure to Prohibit Dry Cutting of Masonry Advances in Assembly Print E-mail

Bill Would Cut Back on Cases of Fatal Lung Disease

By Paul Burton BTN Staff Writer

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Legislation to prohibit the dry cutting and dry grinding of masonry materials was passed by the Assembly Committee on Labor and Employment by an 8-0 vote after a hearing June 29. The bill, Senate Bill 46, is now waiting to be voted on by the entire Assembly. It passed the Senate by a vote of 23 to 14. The legislation was authored by Los Angeles State Senator Richard Alarcon. Alarcon chairs the Senate’s Labor and Industrial Relations Committee.

“Thousands of California workers are regularly assigned to tasks that can eventually kill them,” said Sen. Alarcon. “The inhalation of silica dust caused by cutting cement blocks with dry saws can cause severe, disabling and potentially fatal lung disease among bricklayers and other craft workers. Already scores of deaths are attributed to this problem. My bill will require that water be used to suppress the silica dust while cutting these materials and when that is not possible, vacuums or respirators can be substituted. It is a simple and inexpensive solution that will save lives.”

SB 46 will prohibit the dry cutting and grinding of masonry materials with portable chop saws and skill saws to prevent workplace exposure to silica. Workers who inhale excessive amounts of silica dust can develop silicosis – a serious, irreversible, and potentially fatal lung disease caused by scarring of the lungs. Airborne silica dust occurs on construction sites where cutting bricks and masonry with dry saws is standard practice.

“I’m all for anything that will create a safer work environment for our members,” said Richard Whitney, President/Secretary-Treasurer, Bricklayers Local 4. “Wet cutting is just the beginning of a better work environment.”

So far, there is no opposition to the legislation. Even the California Chamber of Commerce supports SB 46.

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Also onboard is the California Labor Federation. Jeremy Smith, the Federation’s Legislative Advocate in Sacramento, said that “It’s important to realize that silica from dry cutting bricks and masonry doesn’t just affect bricklayers. It also affects carpenters, laborers, operating engineers, and cement masons as the dust is distributed around the job site. The California Labor Federation represents all crafts and trades and that is why we’ve lent our voice to the chorus of supporters.”

Smith also pointed out that on unionized construction sites workers are treated better than on non-union projects and have the collective strength of the union to fight for jobsite safety. “In a non-union setting you run the risk of being fired if you speak up about unsafe practices,” he said. “On a union jobsite you have a better hammer, more power to stop the dry cutting. But with SB 46, that gives us stronger enforcement.”

The risks of exposure to silica dust and the fact that enforcement of the prohibition would be covered within the budget for Cal/OSHA convinced even the two Republicans on the Assembly Labor and Employment Committee to vote for SB 46.  Republicans Alan Nakanishi and Guy Houston joined Democrats Mark Leno, Wilma Chan, John Laird, Paul Koretz, Judy Chu, and Johan Klehs in supporting the bill.

 Bricklayers have the distinction of being the top five out of eight trades affected by silicosis, according to the Centers for Disease Control. The cost to reduce silica dust would be minimal. A $5 water attachment to dry saws will cut the exposure by a hundred fold, and grinders are available with vacuum devices for a minimal increase in cost to the contractor.

The state would not incur any costs by passing SB 46. The legislation would add a new section to California’s Labor Code, with Cal/OSHA as the enforcing agency. The bill was modeled after a San Francisco ordinance, authored by Supervisor Fiona Ma, banning the use of dry saws on public works projects in the city. SB 46 would cover public works and private sector construction projects.

 

 
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