Construction industry groups file suit over OSHA silica rule

Eight construction industry organizations have filed a petition for review of the final crystalline silica rule by the Occupational Safety and Health Administration (OSHA) with the U.S. Court of Appeals for the Fifth Circuit. Petitioning groups include: Mississippi Road Builders’ Association; American Subcontractors Association of Texas; Pelican Chapter of Associated Builders and Contractors; Louisiana Associated General Contractors; Associated Masonry Contractors of Texas; Distribution Contractors Association; Mechanical Contractors Associations of Texas and Texas Association of Builders.

The affiliated national organizations of these groups—the American Road and Transportation Builders Association; American Subcontractors Association; Associated Builders and Contractors; the Associated General Contractors of America; Mason Contractors Association of America; Mechanical Contractors Association of America and National Association of Home Builders—will move to join the petition.

The construction industry raised numerous concerns regarding OSHA’s proposal, but the agency failed to address many of these issues when promulgating the final rule. In particular, the industry presented substantial evidence that OSHA’s proposed permissible exposure limit (PEL) was technologically and economically infeasible.

The petitioning groups are concerned that the agency failed to take into account this evidence and moved forward with the same infeasible PEL in the final rule. This and other final rule provisions display a fundamental misunderstanding of the real world of construction. The construction industry petitioners continue to be active participants in the rulemaking process and are dedicated to promoting healthy and safe construction jobsites.