OSHA implements three-month delay of construction industry silica standard enforcement

By Pamela Wolf, J.D. — OSHA announced that it is implementing a three-month delay in its enforcement of the crystalline silica standard that applies to the construction industry.

Originally scheduled to begin June 23, 2017, enforcement will now begin September 23, 2017. The delay will give the safety and health agency time to conduct additional outreach and provide educational materials and guidance for employers. Additional guidance is necessary due to the unique nature of the requirements in the construction standard, according to the agency.

On March 25, 2016, OSHA published a final rule for the Occupational Exposure to Respirable Crystalline Silica standards, after determining that employees exposed to respirable crystalline silica at the previous permissible exposure limits face a significant risk of material impairment to their health. According to the agency, the evidence in the rulemaking record showed that workers exposed to respirable crystalline silica are at increased risk of developing silicosis and other nonmalignant respiratory diseases, lung cancer, and kidney disease. OSHA said that the new requirements are necessary to provide protection from these hazards. The silica final rule was effective June 23, 2016, with specific start-up dates for various provisions set forth in Sec. 1910.1053(l) of the rule for general industry and maritime, and in Sec. 1926.1153(k) for construction.

OSHA made technical corrections to the final rule on September 1, 2016.

The agency has published a fact sheet explaining the silica standard for the construction industry. Even though enforcement is now delayed, employers in the construction industry are expected to continue to take steps either to come into compliance with the new permissible exposure limit, or to implement specific dust controls for certain operations as provided in Table 1 of the standard, OSHA said. Construction employers should also continue to prepare to implement the standard’s other requirements, including exposure assessment, medical surveillance, and employee training.

Objections to delay. AFL-CIO President Richard Trumka claimed the delay would have “deadly consequences.” In an April 6 statement, Trumka said: “The labor movement has fought for decades to win this lifesaving rule, and any further delay is unacceptable. The longer the Trump administration delays, the more workers will suffer and die. This action alone will lead to an additional 160 worker deaths. We will do everything possible to make sure this commonsense rule is not taken away. Workers’ lives are at stake.”

Source: OSHA implements three-month delay of construction industry silica standard enforcement