Seyfarth Synopsis: OSHA has just released a Memorandum on the Enforcement Launch for the Respirable Crystalline Silica Standard in General Industry and Maritime rules.

In its June 7, 2018 Memorandum about the new Crystalline Silica Standard OSHA states that it will shortly issue interim enforcement guidance until a compliance directive on the new standards is finalized.

The OSHA Memorandum also declares that during the first 30 days of enforcement, OSHA “will assist employers that are making good faith efforts to meet the new standard’s requirements.  If upon inspection, it appears an employer is not making any efforts to comply, compliance officers should conduct air monitoring in accordance with Agency procedures, and consider citations for non-compliance with any applicable sections of the new standard.  Any proposed citations related to inspections conducted in this 30-day time period will require National Office review prior to issuance.”

Most of the provisions of the Respirable Crystalline Silica Standard for General Industry and Maritime, 29 CFR § 1910.1053, will become enforceable on June 23, 2018. 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 additional ancillary requirements.

We have previously blogged on the new silica standard.  See OSHA Publishes Crystalline Silica Standards Rule Fact Sheets for Construction, Circuit Court Finds OSHA Failed to Adequately Explain the Crystalline Silica Standards Rule, and OSHA Publishes “Small Entity Compliance” Guides for the Crystalline Silica Standards.

For employers and industry stakeholders, OSHA provides a General Industry and Maritime Fact Sheet with a summary of the new regulatory requirements under the rule. OSHA also provides a Small Entity Compliance Guide for small entities.