OSHA Consolidates Silica Rule Petitions

NJ Company Faces $700,000+ In OSHA Fines

OSHA Consolidates Silica Rule PetitionsIn the wake of updated crystalline silica permissible exposure limits (PELs), the Occupational Safety and Health Administration (OSHA) is facing many complaints from groups in affected industries. As such, seven cases have been filed against the administration. These cases come from the following plaintiffs:

  • North America’s Building Trades Unions – District of Columbia Circuit Court (filed April 1)
  • AFL-CIO, United Steelworkers, AFL-CIO and the Canadian Labour Congress, and United Automobile Workers – Third Circuit Court (April 1)
  • Associated Masonry Contractors of Texas DBA, Texas Masonry Council and others – Fifth Circuit Court (April 4)
  • American Foundry Society Texas Region 3/Texas Chapter of the American Foundry Society and Texas Association of Business – Fifth Circuit Court (April 4)
  • Greater North Dakota Chamber of Commerce – Eighth Circuit Court (April 4)
  • State Chamber of Oklahoma – 10th Circuit Court (April 4)
  • Georgia Construction Aggregate Association and the National Stone, Sand and Gravel Association – 11th Circuit Court (April 4)

Because of the similar nature of these cases, the petitions will all be consolidated into one case to be heart at the District of Columbia Circuit Court.

In the complaints, members from different industry groups argue that the requirements will be too costly and that the update is not a helpful or necessary one. The new PELs establish a standard that is under half the previous regulation, leading those in the construction industry to great concern, for example. Because so many parts of the industry rely so heavily on crystalline silica when dealing with products like ceramics, glass, bricks, and so on, many production companies will supposedly find themselves unable to continue operating in the face of new, lower limits.

These cases are ongoing, but the new PELs are still planned to take effect in the future. Failure to comply with the new limits will result in fines and possible harm to workers. Staying compliant with all existing OSHA regulations and anticipating upcoming changes is the best way to avoid these harmful repercussions in all areas of business and production.

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