Two major industry associations, the American Road & Transportation Builders Association (ARTBA) and the Louisiana chapter of the Associated General Contractors of America (AGC), filed suit in the U.S. Court of Appeals for the Fifth Circuit on April 4th, challenging the Occupational Safety and Health Administration’s (OSHA) revised crystalline silica rule.
Throughout the rulemaking process, ARTBA says it pointed out a number of problems with the new silica standard, but despite numerous attempts to have the concerns addressed during the rulemaking process, OSHA ignored them in the final rule.
Sandherr says that, while the administration made a number of changes to the final rule, the association feels that it is still not acceptable. He notes that there have been great reductions in silicosis within the construction industry since the original standard was put in place, and even more lives could be saved by getting greater compliance with that standard.
He says the association has urged federal officials to create measures that would allow firms that are not meeting the prior standard to comply.
Filing the petition is just the beginning of what will probably be a lengthy legal challenge, and a court victory is not certain, Sandherr adds in the press release. He says the AGC will continue to work with Congress and the next presidential administration to improve the flawed rule so that it truly benefits the health and safety of the construction workforce.