News & Analysis as of

Toxic Exposure Construction Industry

McNees Wallace & Nurick LLC

Enforcement of OSHA’s Silica Standards in Full Swing

by McNees Wallace & Nurick LLC on

In March 2016, OSHA published its standards for respirable crystalline silica in general industry/maritime (29 C.F.R. § 1910.1053) and in construction (§ 1926.1153), both of which have been phased in. ...more

Fisher Phillips

One More Step Toward Agressive Enforcement of OSHA's Construction Silica Standard.

by Fisher Phillips on

OSHA Publishes New Construction Industry Silica Frequently Asked Questions (FAQs). With no fanfare whatsoever, OSHA supposedly began enforcing the new Silica Standard on July 23. Compliance with most of the Standard’s...more

Poyner Spruill LLP

Expansion of OSHA's Respirable Crystalline Silica Standard

by Poyner Spruill LLP on

Workers who are exposed to respirable crystalline silica (breathable silica dust) are at an increased risk for developing lung cancer, silicosis, incurable lung disease, and chronic obstructive pulmonary disease. Crystalline...more

Pepper Hamilton LLP

Tightening Silica Exposure Standards

by Pepper Hamilton LLP on

On June 23, the Occupational Safety and Health Administration (OSHA) implemented one of the final legs of a new rule limiting worker exposure to crystalline silica (or simply “silica”). ...more

Thompson Coburn LLP

Uh-oh, y’all: EPA’s action against ‘Fixer Upper’ stresses importance of lead paint rules

by Thompson Coburn LLP on

Even celebrities are not immune to the pitfalls posed by the EPA’s rules on handling lead-based paint in renovation projects. On June 5, 2018, the U.S. Environmental Protection Agency (EPA) announced it had reached a...more

Parker Poe Adams & Bernstein LLP

New Silica Exposure Standards Take Effect June 23

In 2016, the Occupational Safety and Health Administration announced new respiratory silica exposure levels that lowered the action level for exposure to 25 micrograms per cubic meter of air. The maximum permissible exposure...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The First Six Months: How OSHA Is Currently Enforcing the Silica Standard in Construction

For construction employers facing uncertainty on exactly how the Occupational Safety and Health Administration (OSHA) is enforcing the new silica standard in Construction, we now have a little bit of data that helps shed some...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Cement Pipe: April 25th U.S. Environmental Protection Agency Federal Register Notice Addressing Proposed Alternative Work...

The United States Environmental Protection Agency (“EPA”) in an April 25th Federal Register notice requests comment on an Alternative Work Practice (“AWP”) to: . . . use new technology and work practices developed for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Implementation and Enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule: March 28th Office of Inspector...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 28th notification that it is beginning preliminary research to evaluate the federal agency’s implementation and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos Enforcement: Alabama Department of Environmental Management Issues Administrative Order to Marietta, Georgia Construction...

The Alabama Department of Environmental Management (“ADEM”) issued an Administrative Order (“AO”) to Cork-Howard Construction Company, Inc. (“CHCC”). See Administrative Order No.: 18- ____-AP. CHCC is described as a...more

Sherman & Howard L.L.C.

OSHA Considering Changes to Silica Rule

by Sherman & Howard L.L.C. on

OSHA may soon make it easier for employers to comply with the agency’s Respirable Crystalline Silica in Construction Standard. The standard, which OSHA announced in 2016 and began to fully enforce last fall, seeks to protect...more

Fisher Phillips

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

Seyfarth Shaw LLP

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

Farrell Fritz, P.C.

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

Sherman & Howard L.L.C.

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

Seyfarth Shaw LLP

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

Mitchell, Williams, Selig, Gates & Woodyard,...

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

Barley Snyder

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

Seyfarth Shaw LLP

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Wendel, Rosen, Black & Dean LLP

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

Jackson Lewis P.C.

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

Sherman & Howard L.L.C.

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

Wendel, Rosen, Black & Dean LLP

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

Miller & Martin PLLC

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

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