Maersch Minute: DC Appeals Court Upholds OSHA’s Silica Rule

Several industry groups, including the US Chamber of Commerce, had challenged OSHA’s 2016 Silica rule based on a lack of evidence to support that the newly established permissible exposure limit (PEL) would significantly reduce worker health issues.   The industry groups also questioned the technological and economic feasibility of the rule(1).  Unions challenged the medical surveillance provision which triggers only for employees who wear respirators 30-days in a year’s time(2).  The three-judge panel rejected both industry and union arguments.