By Brent I. ClarkAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: OSHA has recently published “Small Entity Compliance” Guides for the new Crystalline Silica Standard for Construction and General Industry.

OSHA recently released small entity compliance guides for both construction and general industry.  See Small Entity Compliance Guide for the Respirable Crystalline Silica Standard in Construction (OSHA 3902 – 2017), and Small Entity Compliance Guide for the Respirable Crystalline Silica Standard for General Industry and Maritime (OSHA 3911 – 2017).

OSHA does not define what it means by “small entity” in the Guides, other than referring to helping “small businesses.”  Generally, under the Small Business Act, Public Law 85-536, as amended, a small business concern is one that is “independently owned and operated and which is not dominant in its field of operation.”

We have previously blogged about crystalline silica, such as: OSHA Adopts 30-Day “Phase-In” of Enforcement of Crystalline Silica Standard for Construction, OSHA Proposes Silica Worker Exposure Hazards Rule, and New OSHA Hazard Safety Bulletin for the Hydraulic Fracturing Industries.

Crystalline silica ubiquitous in modern society. Crystalline silica is found in many naturally-occurring building materials and used in many industrial products and at construction sites. Materials such as sand, concrete, stone, and mortar contain crystalline silica. Crystalline silica is also used to make products like glass, pottery, ceramics, bricks, concrete and artificial stone. Industrial sand containing crystalline silica is used in foundry work and hydraulic fracturing (fracking) operations.

While these Guides may assist employers in understanding compliance with the new rules, note that OSHA specifically states that:

This document provides guidance only, and does not alter or determine compliance responsibilities, which are laid out in OSHA standards and the Occupational Safety and Health Act. This guide does not replace the official Respirable Crystalline Silica standard [s].  The employer must refer to the standard to ensure that it is in compliance. Moreover, because interpretations and enforcement policy may change over time, for additional guidance on OSHA compliance requirements the reader should consult current administrative interpretations and [OSHRC] decisions….

Employers who work with silica must now comply with the Crystalline Silica Standard.  Due to the complexity of the regulations and requirements, we recommend you contact your occupational safety and health attorney as soon as possible to discuss a path to compliance.

For more information on this or any related topic please contact the authors, your Seyfarth attorney, or any member of the Workplace Safety and Health (OSHA/MSHA) Team.