National Roofing Legal Resource Center

OSHA begins full enforcement of its silica regulation

With the expiration of a 30-day grace period during which the Occupational Safety and Health Administration (OSHA) indicated it would not issue citations for violations of the silica regulation to employers undertaking "good faith" compliance efforts, construction contractors now are subject to full enforcement as of Oct. 23. On Oct. 19 the agency issued an Interim Enforcement Guidance document that provides direction to its inspectors, and it remains uncertain how aggressive OSHA will be in enforcing the regulation. NRCA and allied associations remain engaged with agency officials to discuss possible efforts to ease the compliance burden on construction employers, and one possibility is OSHA may publish a new request for information that would facilitate some degree of reevaluation of specific components of the rule. Additionally, oral arguments in the legal challenge to the regulation took place in late September, and a decision from the court is expected sometime within the next five to eight months. NRCA continues testing and analysis to provide objective data that can assist members with their silica rule compliance efforts. The recent OSHA guidance document and other resources for NRCA members are available here.


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