CDRA urges members to seek support for amendment to Appropriations Bill

The Construction & Demolition Recycling Association (CDRA), Milwaukee, has issued a call to its members asking them to support an amendment introduced by Sen. (John) Hoeven (R-North Dakota) of the Fiscal Year 2016 16 Omnibus Appropriations Bill.

In an email to members, the CDRA explains to members that the rule would cut personal exposure levels of silica from 250 μg/m3 (micrograms per cubic meter) to 50 μg/m3, with an actionable level of 25 μg/m3.

“Even with the best possible dust control techniques available, recyclers of these materials will not be able to meet these exposure levels,” the e-mail reads.

The CDRA has been working in concert with several other construction associations in the Construction Industry Safety Coalition to respond to the rule since it was first proposed in 2013.

Part of that effort included work in the federal legislature to slow down the OSHA silica rule, including an amendment introduced by Sen. John Hoeven, R-North Dakota that would require OSHA to explain to Congress its justification for the proposed regulation, demonstrate the ability of laboratories to measure the new requirement, and account for the costs of this new requirement on small businesses.

The email continues, “Right now virtually no laboratories can measure down to 25 μg/m3, and the CISC estimates it will cost the construction industry $5 billion annually to comply with the rule.”

The email also included a link to a letter CDRA Executive Director Bill Turley sent to OSHA Assistant Secretary of Labor David Michaels in February 2014 ago outlining our concerns with the proposed regulation.

“Beyond a poorly constructed public health argument and justification, OSHA has not shown that implementation of unreasonable controls outlined above can reduce emissions to the proposed PEL standard,” the letter states. “Overall, we believe that the extraordinarily stringent standard outlined in the rulemaking is unwarranted and represents poor public policy.”

The letter also notes that the industry is responsible for recycling approximately 140 million tons of concrete each year.

“We have grave concerns that the economic impacts of the proposed rulemaking will threaten the viability of member companies,” the letter continued.

CDRA members were urged to contact their representatives asking them to support the Hoeven amendment.

Kevin Herb, CDRA president and managing partner, Broad Run Recycling, Manassas, Virginia, also provided a sample letter in the email as follows:

“I am contacting you today to respectfully request that you support the inclusion of the Hoeven amendment in the FY 16 Omnibus Appropriations bill.  As a small business owner and member of Construction & Demolition Recycling Association, I am very concerned over a proposal by the Occupational Safety and Health Administration (OSHA) regarding silica. This proposal has the potential to be the most far reaching regulation ever imposed on the construction industry and will cost nearly $5 billion annually, and will certainly diminish the recycling of concrete, asphalt and asphalt shingles, causing these materials to instead go to landfills.

The Senate Appropriations Committee included an amendment by Senator Hoeven that would require OSHA to explain to Congress (1) its justification for the proposed regulation, (2) demonstrate the ability of laboratories to measure the new requirement, and (3) account for the costs of this new requirement on small businesses.

Most importantly, the amendment asks OSHA to explain why this new regulation is necessary when the Centers for Disease Control’s own data has consistently shown a steady decline in silicosis related deaths.

The Hoeven amendment is a good compromise that asks the Agency to answer a number of legitimate questions before going forward to finalize the regulation.

I would, again, respectfully ask that you support the inclusion of the Hoeven amendment in the FY 16 Omnibus Appropriations bill.

On behalf of the Board of Directors of the CDRA, we appreciate your consideration of answering this call to action. If you have any questions, please call the CDRA at 866/758-4721866/758-4721 FREE.”