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On Friday, December 22, the U.S. Court of Appeals for the
District of Columbia Circuit ruled on challenges to OSHA's new
silica exposure standard, rejecting all challenges by industry and
one of the challenges by labor unions, but finding that OSHA was
arbitrary and capricious in failing to offer good reasons for not
including "medical removal protection" allowing doctors
to recommend removal of workers at risk from silica exposure.
North America's Building Trades Unions v. Occupational
Safety and Health Administration, case #16-1105, D.C. Cir.
12/22/2017. In its ruling, the D.C. Circuit also:
Upheld the rule's reduced
Permissible Exposure Limit ("PEL") of 50 micrograms/cubic
meter;
Held that it is feasible for industry
to comply with the new PEL;
Rejected industry's challenge to
the rule-making procedure followed by OSHA; and
Rejected the unions' attempt to
require medical screening if a worker wears a respirator for only
one day, vs. the 30 days provided in the rule.
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