NEW OSHA MEMORANDUM ON CONSTRUCTION SILICA ENFORCEMENT
September 21, 2017
For clients and friends of Jackson Kelly PLLC
Volume 13, Number 18
©2017 Jackson Kelly PLLC
As we previously reported this week, the Occupational Safety and Health Administration (“OSHA”) is moving forward on the September 23, 2017 enforcement date for the Respirable Crystalline Silica in Construction Standard, 29 C.F.R. § 1926.1153. We outlined the requirements of the standard earlier this week, in a publication that can be accessed here.
On September 20, 2017, the OSHA Acting Deputy Assistant Secretary sent out a memorandum to OSHA Regional Administrators regarding enforcement protocol for the Respirable Crystalline Silica in Construction Standard, 29 C.F.R. § 1926.1153. The memorandum restated that the Respirable Crystalline Silica Construction Standard, 29 C.F.R. § 1926.1153, becomes enforceable on September 23, 2017, with 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 other ancillary requirements. The memorandum indicated that OSHA will carefully evaluate good faith efforts taken by employers during the first 30 days of enforcement, but if OSHA believes that employers are not making efforts to comply, OSHA will collect exposure air monitoring and may use the data to issue citations, subject to National Office review. Through this memorandum, OSHA promised interim inspection and citation guidance within the next 30 days for the Respirable Crystalline Silica in Construction Standard, 29 C.F.R. § 1926.1153. OSHA also promised to provide compliance assistance and outreach to covered employers with particular attention to assisting employers in implementation of the controls listed in Table 1.
Employers covered by the silica standard will want to have their program in place, with any necessary controls in effect by September 23, 2017. We will provide additional compliance information and guidance as it becomes available.
For help with your program or other compliance concerns, please contact Jackson Kelly PLLC.
OCCUPATIONAL SAFETY AND HEALTH PRACTICE GROUP
Karen L. Johnston
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