	Overview of the New Standards

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) of the Department of Labor (DOL) published in the Federal Register new standards governing exposure to respirable crystalline silica in the workplace. Key features of the new crystalline silica standards include the following requirements for employers:
protect workers when exposure to respirable crystalline silica exceeds the new permissible exposure limit (PEL) of 50 µg/m 3 (micrograms per cubic meter of air), as an 8-hour time-weighted average (TWA), through the use of engineering controls, or if such controls are not effective, the use of respirators; measure workers' exposure to respirable crystalline silica if such exposure may reach or exceed levels of 25 µg/m 3 as an 8-hour TWA; limit workers' access to areas where they may be exposed to respirable crystalline silica; offer medical exams, including chest x-rays and lung function tests, every 3 years to workers exposed to crystalline silica at or above the level of 25 µg/m 3 as an 8-hour TWA for 30 or more days in a year or to construction workers required to wear respirators for 30 or more days in a year; train workers to limit exposure to respirable crystalline silica; and maintain records of workers' exposure to respirable crystalline silica and employer-provided medical exams. These new standards are to be phased in over a five-year period, beginning June 23, 2017, with different implementation dates for construction, general industry, and hydraulic fracturing (fracking). The standards provide employers in the construction industry an exemption from the PEL and requirement to measure employee exposure to crystalline silica if these employers follow the engineering controls and work practices of the new standards, as outlined in Table 1 of the new standards. Projected Costs and Benefits

OSHA projects that the implementation of its new crystalline standards will prevent 642 silica-related deaths per year and produce annual benefits of approximately $8.7 billion through mortality and morbidity reductions. The U.S. Court of Appeals for the D.C. Circuit decided the case on December 22, 2017, and upheld the new standards.
On March 25, 2016, the Occupational Safety and Health Administration (OSHA) of the Department of Labor (DOL) published new standards regulating exposure to crystalline silica in the workplace. Under the new standards, the Permissible Exposure Limit (PEL) for crystalline silica is to be reduced to 50 µg/m3 (micrograms per cubic meter of air). Employers are to be required to monitor crystalline silica exposure if workplace levels may exceed 25 µg/m3 for at least 30 days in a year and provide medical monitoring to employees in those workplaces. In the case of construction workers, medical monitoring is required only if the new standards require workers to wear respirators for at least 30 days in a year.
Construction industry employers are exempt from the PEL and exposure monitoring requirements if they comply with the engineering controls and work practices specified in the new standards. The new standards are scheduled to be phased in over the next five years, beginning June 23, 2017, with different implementation dates for construction, general industry, and hydraulic fracturing (fracking).
OSHA projects that the new crystalline silica standards will prevent 642 deaths per year, costing employers just over $1 billion annually. The net monetary benefits of the new standards are projected to be $7.6 billion annually based on reduced mortality and morbidity related to exposure to crystalline silica.
Groups representing employers, manufacturers, and labor filed court challenges to the new standards. On December 22, 2017, the U.S. Court of Appeals for the D.C. Circuit upheld the new standards.