Construction industry groups file suit over OSHA silica rule
The construction industry raised numerous concerns regarding OSHA’s proposal
By Nick Goldstein, Marc Ramsey, Donna Reichle, Brian Turmail, Eben Wyman, Jeff Buczkiewicz, Pete Chaney, Liz Thompson
Eight construction industry organizations 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 today. Petitioning groups included: 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.
About the Authors
Nick Goldstein is the Assistant General Counsel; Vice President, Environmental & Regulatory Affairs; and ARTBA-PAC Manager for the American Road & Transportation Builders Association.
Marc Ramsey is the Director of Communications at the American Subcontractors Association.
Donna Reichle is the Senior Director, Public Affairs at Associated Builders and Contractors.
Brian Turmail is the Executive Director of Public Affairs at Associated General Contractors of America.
Eben Wyman is the Principal at Wyman Associates. He represents national and state organizations including the Distribution Contractors Association.
Jeff Buczkiewicz is the President and CEO of the Mason Contractors Association of America. Jeff has worked in the masonry industry for several years as the Executive Vice President of the Building Stone Institute and the Director of Marketing and Membership for the Mason Contractors Association of America. Jeff has also served as Secretary on the Board of the Natural Stone Council and is a former Board Member of the StonExpo Federation.
Pete Chaney is Director, Safety & Health for the Mechanical Contractors Association of America, Inc.
Liz Thompson is the Media Relations Manager for the National Association of Home Builders.
