The National Demolition Association (NDA), Washington, says it is joining other trade associations in a petition for review of the Occupational Safety and Health Administration’s (OSHA’s) final silica rule with the U.S. Court of Appeals for the Fifth Circuit.
According to association president Peter Banks, “The petition is meant to address our concerns with the way OSHA approached this final rule and the lack of consideration of industry perspectives. In addition, NDA’s Safety Committee and Government Affairs Committee will be working to inform members of the impact this rule will have on their businesses and workers.”
OSHA's Respirable Crystalline Silica Rule was announced March 24. The rule is comprised of two standards—Construction and General Industry and Maritime, which, when fully implemented, will have major implications for the demolition industry and NDA members, according to Peters.
“NDA has serious concerns with the new crystalline silica dust rule, particularly as OSHA creates a new compliance standard unaligned with the current technologies available,” Banks says in a letter to members. “The new permissible exposure level is severe and before implementing this rule, OSHA did not determine if measuring silica at 50 micrograms per cubic meter of air is possible.”
Banks says NDA members take pride in the safety practices they observe and are committed to providing safe work environments for their employees and points out that deaths have been seriously decreasing over the past few decades, according to Center for Disease Control (CDC).
“The control systems required to manage silica dust will be difficult and potentially unaffordable for small businesses within the industry,” Banks states. “The rule will also create significant work delays to keep workers out of high exposure areas, as virtually all areas of a job site contain dust. This will have an impact on our members’ productivity and ability to effectively and efficiently perform their work.”
Banks concludes by saying, “We believe OSHA should be partnering with the demolition industry to encourage compliance with existing standards.”