OSHA Delays Silica Enforcement
Enforcement Begins on Sept. 23, 2017
On April 6, the U.S. Occupational Safety and Health Administration (OSHA) announced that it will delay enforcement of the respirable crystalline standard for construction for three months—until Sept. 23, 2017. In its announcement, OSHA explained that the construction silica standard has a number of unique features warranting development of additional guidance and educational materials before enforcement begins. AGC continues to believe that implementation of this standard is technically infeasible and continues to challenge it in court.
Although OSHA enforcement of the standard is delayed, the notice does not alter the compliance date of June 23, 2017. OSHA will not take enforcement action against contractors that fail to meet the standard on their sites between June 23, 2017 and Sept. 22, 2017, but legally, the standard will still be in effect.
While an interested group could file a lawsuit challenging the three month delay, that appears to be unlikely given the short duration of the delay and the broad enforcement discretion federal agencies—like OSHA—have traditionally enjoyed. AGC will continue to fight this standard in court and advise OSHA on the problematic issues the construction industry faces with implementation. In addition, members should review AGC educational resources on its comprehensive silica website, found here.
For more information, contact Kevin Cannon at [email protected] or (703) 837-5410.
Ready to Comply with OSHA’s Silica Rule in June?
AGC Provides Educational Materials for Contractors
Beginning on June 23, 2017, contractors must comply with the U.S. Occupational Safety and Health Administration’s respirable crystalline standard for construction. To help educate AGC members, AGC has developed the “Respirable Crystalline Silica in Construction” webpage designed to provide contractors with a better understanding of what is expected of them from OSHA.
The information on the page includes the following:
- Plain text summary of the rule;
- Compliance flow chart;
- Enhanced Table 1; and
- Air monitoring and objective data collection form.
The standard – finalized on March 25, 2016 – provides a comprehensive and complex regulatory scheme for protecting construction workers from exposure to respirable crystalline silica containing dust. The scope of the standard applies to all occupational exposures to respirable crystalline silica and significantly lowers the permissible exposure limit (PEL) from 250 micrograms/m3 to 50 micrograms/m3. In addition to the new PEL, contractors will also have to comply with a host of ancillary provisions such as respiratory protection (when required by the standard), housekeeping, medical surveillance, and recordkeeping.
AGC staff will continue to develop additional materials so check back periodically to see what’s new.
For more information, contact Kevin Cannon at [email protected] or (703) 837-5410.