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.
"The standard establishes a new 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 50 µg/m3, an action level (AL) of 25 µg/m3, and a host of ancillary requirements. During the first 30 days of enforcement, OSHA will carefully evaluate good faith efforts taken by employers in their attempts to meet the new construction silica standard. OSHA will render compliance assistance and outreach to assure that covered employers are fully and properly complying with its requirements." Read more from OSHA.gov.
Amerisafe is available to assist companies in addressing the standard’s other requirements, including exposure assessments, medical surveillance and employee training. Should your company need OSHA Silica Compliance products visit our Safety Equpiment website.
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