Joining more industry groups with their displeasure, the National Stone, Sand, & Gravel Association (NSSGA) in conjunction with the Georgia Construction Aggregates Association (GCAA) filed a petition with the 11th U.S. Circuit Court of Appeals over the new silica dust rule from OSHA. The petition asks that the court review the OSHA silica rule. NSSGA contends that previous studies have shown that the current regulations have been effective in reducing silica dust exposure and silica-related illnesses.
This is the second petition filed by industry groups. The first petition was filed in the 5th U.S. Circuit Court of Appeals earlier this week.
In a press release posted to their site, NSSGA says it acknowledges the health risks posed by silica, but that the OSHA rule is “not based on sound science.” NSSGA in a public comment to OSHA said that the laboratory used to gather the data did not provide precise and accurate silica samples.
In its 606-page final rule, OSHA responded to the concerns from the NSSGA saying, "It may be an unavoidable fact that lab results may be inaccurate some of the time, but that does not render the standard infeasible or unenforceable. OSHA contends that its analysis has satisfied that burden and nothing in the NSSGA’s comments suggest otherwise."
The rule goes into effect in June 2016, and those impacted will have until June 2017 to comply.