Premier Flooring Retailer FF PFR Q317 | Page 26

LEGAL MATTERS Crystalline Silica Dust? Are You in Compliance with the New OSHA Regulation? O Jeffrey W. King Outside General Counsel for the WFCA Jeffrey King has more than 35 years’ experi- ence in complex litigation with a focus on contracts, employment, construction, antitrust, intellectual prop- erty and health care. He n September 23, 2017, the new rule on respirable crystalline silica issued by Occupational Safety and Health Administration (“OSHA”) went into effect. Crystalline silica is a natural element found in sand and stone. Accordingly, it is found in many flooring products, such as tile, glass, marble, granite, concrete, grout and similar products. According to OSHA, prolonged exposure to elevated levels of silica causes silicosis, a debilitating and sometimes fatal lung disease. OSHA also believes the silica dust also causes lung cancer. The OSHA has regulated exposure to crystalline silica dust for many years. The new regulation cuts in half the amount of crystalline silica dust workers can be exposed to on their jobs. The World Floor Covering Association (WFCA) filed comments regarding the rule, and OSHA adopted a number of WFCA’s recommendation to limit the costs of complying with the rule. As explained below, one of the most important recommen- dations adopted was to allow compliance by using of equipment that minimizes dust to avoid the costly monitoring of all employees’ exposure. serves as general counsel for WFCA and other trade associations, and is a LEED Accredited Professional. For more information, contact him at (561) 278-0035 or [email protected]. 24 Premier Flooring Retailer | Q3 2017