MCAA testifies at OSHA Silica Hearings

Words: Jeff Buczkiewicz, Mark Kemp, Rashod JohnsonOn March 31, 2014, the MCAA testified about the impact the new OSHA silica proposed rule will have on the masonry industry.

Rashod Johnson, MCAA Engineering Consultant led for MCAA questioning the need for a new silica rule that deviates from the ASTM standard on silica. There were several discrepancies between the two that were discussed. Two major issues were the PEL 100 in the ASTM standard, .50 with a .25 action level in the proposed OSHA standard. The other critical issue was the over burdensome medical surveillance required in the proposed OSHA standard.

The MCAA went on to discuss concerns with the technological feasibility of the new rule and the economic feasibility. In addition the MCAA was very concerned about the table one option listed in the proposed rule and the complexity and admission of guilt assumed by using the table. Using the table would immediately trigger the need to comply with the medical surveillance required by the proposed standard, we found that to be very problematic.

The MCAA testified separately from their Construction Industry Safety Council alliance to spotlight the issues unique to the masonry industry. The MCAA plans to file follow-up comments before the end of that filing deadline to add additional concern to the record regarding the proposed rule. “It is our hope that OSHA will recognize the unique nature of construction (as they always have in previous rules) and come back with a silica rule that separates out construction from general industry” said Mark Kemp, MCAA Chairman. Look for more information as the process moves forward.

It is critically important for our industry to work to beat this effort in every way possible. One of those ways is politically. In order to do that, we need to have resources for our PAC to help get politicians elected that agree with our issues. Please consider giving to the MAC PAC today to help our efforts legislatively. There is a new program called “Make an Impact” and information explaining the program is available at www.masoncontractors.org/macpac. We truly hope that if you have not done so yet, that you will Make An Impact this year and join us in our efforts to elect representatives who support our issues. If you have any questions on any of these programs, please feel free to contact Jeff Buczkiewicz at 800-536-2225.
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