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Action Alert: Enforcement of OSHA’s Silica Rule Begins on Sept. 23

September 20, 2017

Enforcement of the Occupational Safety and Health Administration’s (OSHA) silica standard as it applies to the construction industry will begin on Sept. 23. The silica rule lowers the permissible exposure limit from the current standard of 250 micrograms per cubic meter of air to 50 micrograms per cubic meter of air, averaged over an eight-hour day, and an action level of 25 micrograms per cubic meter of air. In addition, the final rule requires contractors to follow several ancillary provisions, such as housekeeping and written exposure plans. Crystalline silica is ubiquitous on construction sites by virtue of its presence in many commonly used construction materials and products such as concrete, bricks, stone, asphalt, tile and countertops.

Resources on the silica final rule are available here:

OSHA Resource Page
Overview of the Silica Final Rule
Fact Sheet on Construction
Small Entity Compliance Guide—Construction
Frequently Asked Questions  

Silica remains a top priority for ABC National, and we continue to have conversations with the Department of Labor. Any status updates will be included in Newsline.

Background:

Issued on March 25, 2016, OSHA’s Occupational Exposure to Respirable Crystalline Silica final rule lowers the permissible exposure limit from the current standard of 250 micrograms per cubic meter of air to 50 micrograms per cubic meter of air, averaged over an eight-hour day, and an action level of 25 micrograms per cubic meter of air. The final rule also requires contractors to follow several ancillary provisions, such as housekeeping and written exposure plans.

On April 6, 2017, OSHA delayed enforcement of the silica standard as it applies to the construction industry from June 23, 2017, to Sept. 23, 2017. On March 10, 2017, ABC, as a member of the Construction Industry Safety Coalition (CISC), sent a letter to the acting secretary of Labor requesting that the department delay enforcement of OSHA’s final silica rule by one year.

On April 4, 2016, ABC along with several national construction organizations filed a lawsuit against the final silica rule in the U.S. Court of Appeals for the D.C. Circuit. Briefing in the case is completed and oral arguments are scheduled for late-September. 

Since the rule was proposed in 2013, ABC has voiced serious concerns with the rule and has taken the following actions:

• ABC’s 2014 comment letter on the proposed rule
• More than 600 ABC members joined ABC National in submitting comments
• CISC’s 2014 comment letter on the proposed rule
• ABC’s post-hearing comment letter 
• CISC’s post-hearing comment letter
• CISC’s hearing testimony 
• CISC Economic Feasibility Study
• CISC extension request for silica compliance  

Learn more about the Construction Industry Safety Coalition here

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