Launch of construction silica enforcement in September 2017

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

September 20, 2017

MEMORANDUM FOR:
REGIONAL ADMINISTRATORS

FROM:
THOMAS GALASSI
Acting Deputy Assistant Secretary

SUBJECT
Launch of Enforcement of the Respirable Crystalline Silica in Construction Standard, 29 CFR § 1926.1153

The Respirable Crystalline Silica construction standard, 29 CFR § 1926.1153, becomes enforceable on September 23, 2017. The standard establishes a new 8-hour time-weighted average (TWA) Permissible Exposure Limit (PEL) of 50 µg/m³, an action level (AL) of 25 µg/m³, and a host of ancillary requirements.

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.

If, upon inspection, it appears an employer is not making any efforts to comply, OSHA's inspection will not only include collection of exposure air monitoring performed in accordance with Agency procedures, but those employers may also be considered for citation. Any proposed citations related to inspections conducted in this time period will require National Office review.

To ensure effective implementation of the new standard, OSHA has developed interim inspection and citation guidance to be released prior to termination of this memorandum. The compliance directive will be finalized thereafter.

Regional offices are advised to contact the Office of Health Enforcement at 202-693-2190 with questions regarding enforcement of the new silica rule.