A wise person once said that if the people writing federal regulations on businesses also had to bear the burden of complying with them, the rules would be written much differently. OSHA’s respirable crystalline silica rule, which was issued on March 24, 2016, is a case in point.
During the rulemaking process, AFS provided the agency with compelling analyses that demonstrated, beyond a shadow of a doubt, that the rule would be both technologically and economically infeasible for the foundry industry.
The agency ignored the strongest possible evidence, and produced a rule that OSHA is slated to begin enforcing in June of 2018. AFS immediately teamed up with the National Association of Manufacturers on a legal challenge. A subpanel of the U.S. Court of Appeals for the D.C. Circuit is slated to hear our arguments on the case in late September.
AFS supports worker protections that are based on sound science and are technologically and economically feasible. The OSHA rule fails that test. It is based on outdated, decades-old data. In fact, the last Small Business Regulatory Enforcement Fairness Act review on the issue was conducted in 2003.
Regulators vastly underestimated the annual cost of the rule, which can easily run over $1 million per metalcasting plant. The rule requires foundries to adopt extensive engineering and work-practice controls—an outdated approach—to limit silica exposures instead of other available technologies, such as personal protective equipment. Even with the massive outlays the rule will require, there is no guarantee of compliance.
Imagine a federal regulation that each year would cost 276% of the industry’s profits. That is exactly the scenario here.
Since the election, AFS has communicated to the new presidential administration our strong rulemaking record exposing the serious flaws in OSHA’s risk analyses and cost estimates. We continue to urge the Trump Administration to reopen the record on the rule. Numerous members of Congress have voiced identical requests.
If there is no regulatory relief by late September, the court case will proceed. It is unfortunate that U.S. manufacturers have to sue their own government, but AFS will continue to vigorously fight for the future of the metalcasting industry. We welcome your corporate membership investment as we wage this vital battle for the future of the foundry industry in the United States.
Click here to see this story as it appears in the August 2017 issue of Modern Casting