News & Analysis as of

Toxic Exposure Construction Industry

Is OSHA’s New Silica Rule Dust in the Wind? Likely Not. Court Rejects Several Challenges to the New Standard

by Fisher Phillips on

Nearly 2.3 million people in the United States work in jobs that expose them to silica. The Occupational Safety & Health Administration (OSHA) claims that more than 100,000 of those workers are engaged in “high risk jobs such...more

OSHA Publishes Crystalline Silica Standards Rule Fact Sheets for Construction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has just released several fact sheets applicable to industries regulated under the Crystalline Silica Standards in Construction Rule....more

SEQRA Remains a Hot Topic for the NY Court of Appeals in Friends of P.S.163 v Jewish Home Lifecare and New York State Dept of...

by Farrell Fritz, P.C. on

On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two Article 78 proceedings challenging the same proposed development....more

Breaking: D.C. Circuit Upholds Silica Standard

by Sherman & Howard L.L.C. on

Last week the United States Court of Appeals for the D.C. Circuit issued a long-awaited opinion in a case involving numerous challenges to OSHA’s silica in construction standard. ...more

Circuit Court Finds OSHA Failed to Adequately Explain the Crystalline Silica Standards Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a win for labor, the DC Circuit Court of Appeals orders the remand of the Crystalline Silica Standard for Construction and General Industry (Silica Rule) for OSHA to explain its decision to omit medical...more

Mercury/OSHA Enforcement: Citations Issued to Plainville, Connecticut Contractor for Alleged Violations Related to Facility...

The Occupational Safety and Health Administration (“OSHA”) issued citations to a Plainville, Connecticut construction contractor for alleged violations related to the demolition of a mercury boiler. Manafort Brothers, Inc....more

Complying with Lancaster’s Proposed Amendments to Lead Hazards Ordinance

by Barley Snyder on

Lancaster’s city council continues to target lead hazards in city rental units with a new version of a city ordinance. The proposed amendment that attorneys from Barley Snyder are tracking would impose certification and...more

OSHA Publishes “Small Entity Compliance” Guides for the Crystalline Silica Standards

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has recently published “Small Entity Compliance” Guides for the new Crystalline Silica Standard for Construction and General Industry....more

The Latest From OSHA on Silica in Construction Enforcement

On October 19, 2017, the Occupational Safety and Health Administration (OSHA) issued Interim Enforcement Guidance for enforcing the Respirable Crystalline Silica in Construction Standard, 29 CFR 1926.1153. OSHA began...more

OSHA Begins Enforcement of Respirable Crystalline Silica in Construction Standards

On October 23, 2017, the U.S. Occupational Safety and Health Administration (OSHA) began enforcement of its Respirable Crystalline Silica in Construction Standard (Construction Silica Standard). OSHA enforcement of its...more

What Employers Need To Know About OSHA’s Respirable Crystalline Silica Rule For Construction

by Jackson Lewis P.C. on

Full enforcement with the Occupational Safety and Health Administration’s new respirable crystalline silica rule in the construction industry began on October 23, 2017, according to the agency. The silica rule is one of the...more

OSHA Now Fully Enforcing Silica in Construction Standard

by Sherman & Howard L.L.C. on

On October 19, 2017, OSHA’s Acting Deputy Assistant Secretary issued interim guidance to Regional Administrators on the new Respirable Crystalline Silica in Construction Standard. In this guidance, OSHA explains that as of...more

Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread....more

OSHA’s New Crystalline Silica Standard is Now Being Enforced for Construction

by Miller & Martin PLLC on

Enforcement began September 23, 2017, for the construction industry. Everyone covered by the standard is required to...more

Amended OSHA Silicon Standard: Thirty Day Enforcement Phase-In Memorandum

\The United States Occupational Safety and Health Administration (“OSHA”) previously published a March 25, 2016, Federal Register Notice stating it is amending its existing standards for occupational exposure to respirable in...more

Construction Employers Now Subject to Enforceable OSHA Respirable Crystalline Silica Rule; Grace Period for “Good Faith”...

by Bryan Cave on

Construction employers are now subject to OSHA’s Respirable Crystalline Silica rule, which became enforceable on September 23, 2017. OSHA published a guidance memorandum dated September 20, 2017, which set forth a 30-day...more

OSHA Adopts 30-Day “Phase-In” of Enforcement of Crystalline Silica Standard for Construction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA announced a thirty day phase-in for enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153. The new rule will be fully effective by Monday, October 23, 2017....more

OSHA Grants Brief Reprieve on Silica Enforcement

by Sherman & Howard L.L.C. on

On September 20, 2017, OSHA’s Acting Deputy Assistant Secretary issued a memorandum to Regional Administrators on the new Respirable Crystalline Silica in Construction Standard, which becomes effective September 23, 2017. In...more

The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides...

by Pepper Hamilton LLP on

City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017) - Between 1960 and 2000, Carlos Tarazon (“Tarazon”) performed work installing and repairing water piping for various contractors and...more

OSHA Seeks Feedback on Proposal to Revoke Certain Provisions of Beryllium Rule Applicable to the Construction and Shipyard Sectors

by Littler on

The Occupational Safety and Health Administration (OSHA) is reconsidering portions of a final rule setting standards for occupational exposure to beryllium. The rule, published January 9, 2017, was initially set to take...more

Oregon OSHA Issues Proposed Changes to Regulations Regarding Occupational Exposure to Beryllium in General Industry, Construction,...

by Stoel Rives LLP on

In response to the federal Occupational Safety and Health Administration’s adoption of revised beryllium exposure standards, Oregon OSHA has proposed to adopt the federal OSHA final rules, with minor modifications that would...more

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

OSHA Delays Enforcement of Crystalline Silica Standard for Construction

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has just announced a three month delay of enforcement of the Crystalline Silica Standard for Construction under 29 CFR 1926.1153. Crystalline silica is a staple of our modern society. OSHA notes...more

OSHA Update: OSHA Delays Enforcing Silica Standard in Construction

by Sherman & Howard L.L.C. on

On April 6th, OSHA announced a delay in the enforcement of its crystalline silica standard in the construction industry. Enforcement will be delayed until September 23, 2017, so that additional outreach, educational...more

OSHA’s Final Rule on Crystalline Silica Standards

by Littler on

Earlier this year, the Occupational Safety and Health Administration (OSHA) published its long-awaited final rule (https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-04800.pdf) setting new workplace permissible exposure...more

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