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R&R Insurance Blog

Silica Standard Alert: DC Circuit Court Ruling Upholds Respirable Crystalline Silica Standard

Posted by Julie LaRose

In April 2017, numerous industry trade groups and labor unions, filed legal challenges to the Respirable Crystalline Silica Standard’s (29CFR1910.1053 and 29CFR1926.1153) validity in several circuit courts across the country.  The petitions were consolidated into the U.S. Court of Appeals for the D.C. Circuit (Docket No. 16-1105).

On December 22, 2017, the DC Circuit Court issued its ruling. The following summarizes the Court’s ruling:

“In sum, we reject all of the petitioners’ challenges to the Silica Rule, with three exceptions. We hold that OSHA was arbitrary and capricious in declining to require Medical Removal Protection for some period when a medical professional recommends permanent removal, when a medical professional recommends temporary removal to alleviate Chronic Obstructive Pulmonary Diseases (COPD) symptoms, and when a medical professional recommends temporary removal pending a specialist’s determination. We remand to the agency to reconsider or further explain those aspects of the Rule.”

For additional information or to receive the full ruling, contact Safety@rrins.com.