D.C. Circuit Hears Arguments in Metalcasting Industry's Challenge to OSHA's Silica Rule – What’s Next for Foundries?
November 3, 2017
AFS, in conjunction with the National Association of Manufacturers (NAM), petitioned for review OSHA’s respirable crystalline silica rule. That lawsuit was consolidated with other challenges to the rule in the U.S. Court of Appeals for the D.C. Circuit. The case has been fully briefed and oral argument was held before a three-judge panel on September 26, 2017. The case is now awaiting a decision of the court which could be days or months away.
Aside from the litigation, which AFS has pursued for over a year, AFS and NAM petitioned the Secretary of Labor to re-open the rule to evaluate the feasibility of meeting OSHA’s revised PEL and the appropriateness of certain ancillary provisions. That petition is still before the Secretary. AFS and NAM are engaged in discussions with OSHA and lawyers for the Department of Labor to attempt to resolve the key issues and questions that the industry has with compliance. These discussions are not intended to displace the litigation, but are being held in good faith to address the foundry industry’s critical concerns with the rule.
Action Alert - AFS is reaching out to members to gather information regarding compliance challenges with the intent of bringing those concerns directly to the Agency for discussion and potential resolution. Key issue areas include but not limited to: regulated areas, compressed air, prohibition on dry sweeping, specific tasks, and problem areas in the foundry where new PEL is unattainable. Please provide specific examples to Stephanie Salmon, AFS Washington office, no later than Nov. 17 at . Your information will remain confidential.