Construction Industry Voices Concerns with Silica Rule

WASHINGTON, D.C. – The Construction Industry Safety Coalition has concerns with the final rule on respirable crystalline silica recently released by the Occupational Safety and Health Administration. It appears, upon initial review, that the 1,772-page final rule contains some of the same problematic provisions that the CISC previously identified and shared with the agency. CISC has been an engaged participant in the rule-making process since OSHA put forth the proposed rule two and a half years ago.

“NAHB has long advocated the importance of the rule being both technologically and economically feasible,” said Ed Brady, chairman of the National Association of Home Builders and home builder and developer from Bloomington, Illinois. “While we’re still reviewing the final rule, we’re concerned that it may not adequately address these issues and take into consideration real-world application.”

“The construction industry submitted hundreds of pages of comments in response to OSHA’s proposal and as we review the final rule we will see whether OSHA has taken these comments into account in developing a standard that is workable,” said Associated Builders and Contractors Vice President of Regulatory, Labor and State Affairs Ben Brubeck. “ABC will remain an engaged stakeholder with OSHA in developing viable standards that will promote healthy and safe construction jobsites.”

“Instead of crafting a new standard that the construction industry can comply with, administration officials have instead opted to set a new standard that is well beyond the capabilities of current air filtration and dust removal technologies,” said Stephen E. Sandherr, the CEO of the Associated General Contractors of America. “Our concern is that this new rule will do little to improve workplace health and safety, which is why we will continue our review of the new measure, consult with our members and decide on a future course of action that will best serve the health and safety of millions of construction workers across the country.”

“At first glance, we have observed that a number of provisions that concerned us in the proposed rule have been left in the final rule. This makes us continue to question the final rule’s technological and economic feasibility for the construction industry. In addition, OSHA has added several new provisions not in the proposed rule that we have not had a chance to thoroughly review and consider the impacts.”