A federal appeals court just gave mine operators a reprieve from its strict new silica rule after temporarily blocking it from going into effect. The Mine Safety and Health Administration (MSHA) had announced on April 9 that...more
The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more
On December 19, 2024, the Cal/OSHA Standards Board unanimously approved a proposal to make permanent amendments to its regulation regarding occupational exposures to respirable crystalline silica (RCS) in the general industry...more
Introduction: Understanding the New Regulations on Respirable Crystalline Silica (RCS) Respirable crystalline silica (RCS) is classified by the International Agency for Research on Cancer (IARC) as a human carcinogen. ...more
Newly appointed Standards Board Chair Joseph Alioto, Jr. led a very full monthly Standards Board meeting that touched on a wide range of rulemaking and legislative updates. Mr. Alioto began the meeting by recognizing outgoing...more
Traditionally, toxic tort related claims are brought under product liability actions for negligence, breach of warranty, and strict liability. Asbestos has historically been the center of toxic tort litigation. The number of...more
On April 16, 2024, the Mine Safety & Health Administration (“MSHA”) released its final rule for Respirable Crystalline Silica (“RCS”) for preliminary viewing, and it was published in the Federal Register on April 18, 2024....more
The Acting Secretary of Labor appeared with the Assistant Secretary for Mine Safety and Health, Chris Williamson and union leaders on April 16th at an event in Uniontown, PA to announce the release of MSHA’s final respirable...more
On December 14, 2023, California’s Occupational Safety and Health Standards Board approved an emergency temporary standard (ETS) intended to enhance protection of workers from the hazards of respirable crystalline silica...more
Last week, the Cal/OSHA Standards Board approved an emergency temporary standard regarding respirable crystalline silica (RCS). The standard will take effect December 29, 2023....more
On July 20, 2023, the Cal/OSHA Standards Board approved promulgating an Emergency Temporary Standard for Respirable Crystalline Silica (Silica). The Silica ETS will require the fabricated stone industry to protect its...more
On July 20, 2023, the California Division of Occupational Safety and Health Standards Board (Cal/OSHA Standards Board) held its monthly meeting and received public comments on Petition File No. 597, a proposal to amend Title...more
The Mine Safety and Health Administration (MSHA) recently posted its long-awaited proposed silica rule on its website — and the agency is expected to officially publish the proposal in the Federal Register on Thursday....more
MSHA has published the proposed silica rule on their website. Among other things, MSHA proposes to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air (µg/m3) for a full...more
The Occupational Safety and Health Administration’s (OSHA) Denver Regional Office has announced the rollout of a “Regional Emphasis Program” dedicated to the reduction of incidents of workplace illness related to silica....more
Seyfarth Synopsis: We recently blogged that Silica is the New Asbestos: New OSHA Regional Emphasis Program Will Target Respirable Silica Hazards in Six States. Now the federal Mine Safety and Health Administration (MSHA) has...more
MSHA has announced a new enforcement initiative regarding overexposure to respirable crystalline silica. The silica enforcement initiative is intended “to take immediate action to reduce the risks the silica exposure.” ...more
For employers concerned about how the Occupational Safety and Health Administration (OSHA) has been enforcing its Respirable Crystalline Silica Standard for General Industry, the agency’s enforcement data for the standard’s...more
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week. Today, we heard some introductory remarks from the Solicitor of Labor, a panel who...more
For construction employers anxious over how the Occupational Safety and Health Administration (OSHA) and state plan states are enforcing the Respirable Crystalline Silica in Construction Standard, the last two calendar years...more
Last week, OSHA began a potential rulemaking process to expand what some might consider exceptions to the 2016 silica rule in construction. Here’s what we know… On July 29th, OSHA submitted to the Office of Information...more
On July 29th OSHA submitted a draft Request for Information (RFI) to the Office of Management and Budget (OMB) regarding Table 1 in OSHA’s construction standard for silica. If approved by OMB, OSHA intends to issue the RFI in...more
Seyfarth Synopsis: Seyfarth Shaw’s OSHA/MSHA group is at the ABA’s Occupational Safety and Health Law Committee Midwinter Meeting this week....more
Seyfarth Synopsis: OSHA has recently issued a Frequently Asked Questions for General Industry for the Respirable Crystalline Silica Standard. We had noted previously in the blog that most of the provisions of the...more
On January 22, 2019, the Occupational Safety and Health Administration (OSHA) published Frequently Asked Questions (FAQs) to provide guidance to general industry employers on OSHA’s final rule regulating occupational exposure...more