In March 2016, Federal OSHA promulgated a final rule on Occupational Exposure to Crystalline Silica for Construction, which established a new permissible exposure limit and contained several ancillary provisions that apply to the construction industry. The rule was codified at 29 C.F.R § 1926.1153 and became effective on June 23, 2016. Under the standard, all requirements were to begin on June 23, 2017 except for requirements for sample analysis which are delayed until June 23, 2018.  In April 2017, Federal OSHA announced a delay in enforcement of the silica standard for the construction industry until September 23, 2017.

Following the promulgation of this standard, Kentucky’s Occupational Safety and Health Standards Board adopted the requirements of 29 C.F.R. 1926.1101 to 1926.1153 regulating occupational silica exposure.  On June 26, 2017, Kentucky’s Occupational Safety and Health Standards Board issued an emergency regulation that amended the parallel Kentucky silica standard to align the deadline for the construction industry in the state of Kentucky with Federal OSHA. The amendment states that the provisions of section 1926.1153 “shall not take effect as to the construction industry until the United States Department of Labor, Occupational Safety and Health Administration begins to enforce the standard.”

As a result, Kentucky employers in the construction industry have until September 23, 2017 to come into compliance with the provisions of section 1926.1153, Respirable Crystalline Silica in the Construction Industry.

 

 

 

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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.

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