Bloomberg reports that there have been seven petitions filed in six federal appeals courts asking for a review of OSHA’s new silica dust exposure rule. OSHA has requested that the petitions be consolidated through the U.S. Judicial Panel on Multidistrict Litigation in Washington D.C.
The following groups have filed petitions: North America’s Building Trade’s Unions, AFL-CIO, et. al., Associated Masonry Contractors of Texas, et. al., American Foundry Society, et. al., North Dakota Chamber of Commerce, State Chamber of commerce of Oklahoma, and the Georgia Construction Aggregate Association, et. al.
The main opposition from industry groups is that the allowable silica exposure is “beyond the capacity of existing dust filtration and removal technology” and that the current 250 micrograms per cubic meter silica dust exposure limit is adequate when enforced.