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Silica Standard Extended for Employers Showing 'Good Faith'

Friday, September 22, 2017

The Respirable Crystalline Silica in Construction Standard, which became enforceable on September 23, 2017, will be effectively ‘extended’ by 30 days for employers who are found to be acting in “good faith” to meet the new requirements. According to a memo, sent by acting deputy assistant secretary Thomas Galassi to all OSHA regional administrators, employers who are making efforts to comply with the new regulations will receive compliance assistance and outreach.

“During the first 30 days of enforcement, OSHA will carefully evaluate good faith efforts taken by employers in their attempts to meet the new construction silica standard. OSHA will render compliance assistance and outreach to assure that covered employers are fully and properly complying with its requirements. Given the novelty of the Table 1 approach, OSHA will pay particular attention to assisting employers in fully and properly implementing the controls in the table. OSHA will assist employers who are making good faith efforts to meet the new requirements to assure understanding and compliance.”

Employers not making any efforts to comply will undergo air monitoring and be considered for citations. However, these proposed citations during this 30-day period will require National Office review. Galassi also added that interim inspection and citation guidance will be released within the 30-day period.

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