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Court Rules Against Industry in Challenge to the Silica Standard

Posted By Ariel Hill-Davis, Friday, December 22, 2017

Today, the D.C. Circuit Court rejected all the industry challenges to OSHA's new silica standard. The standard lowers the permissible exposure limit to respirable crystalline silica in the workplace. The legal challenge, led by the US Chamber of Commerce, asked the court to review five issues related to the rule including whether "substantial evidence" supported OSHA's claim that silica exposure is dangerous and whether the rule is economically and/or technically feasible for particular industries. The court rejected all of the arguments presented by the Chamber and other industry groups. 

While the court ruled against the industry challenges, it did order the Department of Labor to review and further explain the omission of a provision to allow doctors to recommend pulling exposed workers off jobs. 

To read the decision click here

Tags:  osha  Respirable Crystalline Silica  silica 

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EU Carcinogens and Mutagens Directive Approved

Posted By Mark Ellis, Thursday, October 26, 2017

Yesterday the European Parliament in plenary session voted 540 votes for to 6 against, with 119 abstentions, to approve a revision of the Carcinogens and Mutagens Directive.  Once endorsed by the European Council, the Directive will be published in the EU Official Journal and enter into force 20 days after publication.  After publication, Member States will have two years to transpose the Directive into their national laws.

The Directive sets exposure limits for a further 11 carcinogens in addition to those covered by the existing 2004 Directive, among which is a Binding Occupational Exposure Limit Value for respirable crystalline silica generated by a work process at 0.1 mg/m3.  Article 18a specifies that the European Commission will evaluate the need to modify this limit value as part of the next evaluation of the implementation of the Directive.

Recital 19 of the Directive acknowledges the positive role of the Good Practices of the Social Dialogue “Agreement on Workers’ Health Protection Through the Good Handling and Use of Crystalline Silica and Products Containing It” (known as the NEPSi Agreement) as a valuable and necessary instrument to complement these new regulatory requirements and support their implementation.

The IMA-Europe press release is attached.

Download File (PDF)

Tags:  Carcinogens and Mutagens Directive  European Union  Respirable Crystalline Silica 

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