Business Tip – July 2018

OSHA issues RFI to consider expansion of construction tasks and silica control measures

In a recent article concerning the lack of leadership for OSHA as nominee Scott Mugno awaits Senate confirmation, authors Leah Kaiser and Avi Meyerstein of Husch Blackwell LLP reported that OSHA has moved ahead with its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, outlining the current status of both pending and anticipated rulemaking efforts. OSHA looks as though it will have its hands full with twenty agenda items, up from fourteen on the Spring 2017 list.

In a new request for information (RFI), OSHA wants to determine if it should expand its list of construction tasks and associated control measures that construction workers can use to comply with its 2016 silica rule for construction. Table 1 of the rule listed dust control methods that employers could use for common construction tasks.

The purpose of the table is to provide a clear path for compliance. It spares construction employers from verifying exposure levels (with data and monitoring) if they employ accepted methods for controlling silica dust. Per OSHA: “Employers who fully and properly implement the engineering controls, work practices, and respiratory protection specified for a task on Table 1 are not required to measure respirable crystalline silica exposures to verify that levels are at or below the PEL for workers engaged in the Table 1 task.”

OSHA intends to use the additional information it gains in response to the RFI to revise Table 1 if deemed appropriate. OSHA currently classifies this rulemaking agenda item as “substantive, nonsignificant,” so it is unclear whether we should expect substantial movement in the near future.