OSHA's Silica Rule: Understanding The Current Landscape

Law360, New York (May 11, 2016, 11:26 AM EDT) -- On March 25, 2016, the Occupational Safety and Health Administration published its final rule on "Occupational Exposure to Respirable Crystalline Silica." As expected, numerous industry trade groups and labor unions, among others, have filed legal challenges to the rule's validity, including (for example) the National Association of Manufacturers, the AFL-CIO, the National Stone, Sand & Gravel Association and the American Foundry Society. With the outcome of these challenges uncertain, affected industries are currently subject to the compliance deadlines established in the Silica rule — June 23, 2017 for the construction industry and June 23, 2018 for general industry and maritime (with some exceptions discussed in more detail below). Given the potential costs of compliance and penalties for noncompliance, regulated industry members should consider starting their compliance planning process now, while also following the progress of legal challenges to the Silica rule to help avoid unnecessary cost in the event it is overturned....

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