for general industry and construction prevention of deaths from diseases If you have questions OSHA’s employers. The challenges had been such as silicosis and lung cancer, and requirements related to Respirable filed by various industry trade groups that the new rule is not Crystalline Silica and what employers representing the construction, foundry technologically or economically need to do to comply, please call & manufacturing industries. feasible. They had also argued that Sotera Consulting, LLC at (612)597-6463 or OSHA violated several administrative paul@soteraconsulting.com. procedural requirements in The final portion of the rule, affecting promulgating the new rule. general industry employers, including Governmental Update foundries, is now slated to take effect in a little over a month. An earlier The court not only rejected all of Governmental Liaison: Therese M. rule affecting only the construction those arguments, but sided with labor Benkowski, Weather-Or-Not Consulting, industry already took effect last year. groups, including the AFL-CIO, who Inc. argued that the rule didn’t go far The regulation cuts the Permissible enough in protecting workers because MCM continues to follow legislative Exposure Limit (PEL) for Respirable it lacked removal” “medical bills at the State Capitol. As of the Crystalline Silica in half, from 100 provisions which would have writing of this article, the hot issues micrograms per cubic meter of air, to required employees to be removed this session include tax reform, 50 and creates dozens of new from jobs when they became ill, and transportation, workforce obligations related to written only required medical surveillance for development, and environmental employees who were exposed for 30 exposure control programs, medical regulatory reform. days per year or more. exams for affected employees, respiratory protection, house-keeping, The Minnesota Chamber is working The court rejected the latter argument engineering controls, and training. hard at getting our legislators to but agreed with the first, understand that Minnesota business calling OSHA’s actions in foregoing The groups challenging the new taxes are the 3rd highest corporate these protections and “arbitrary requirements made several tax rate in the nation and the 4th capricious”. The court ordered OSHA arguments, including that the rule will highest personal income taxes. It is to reconsider and further explain that not have a material effect on the aspect of the rule. the hope that with this in mind, the
for general industry and construction employers. The challenges had been filed by various industry trade groups representing the construction, foundry & manufacturing industries. The final portion of the rule, affecting general industry employers, including foundries, is now slated to take effect in a little over a month. An earlier rule affecting only the construction industry already took effect last year. The regulation cuts the Permissible Exposure Limit (PEL) for Respirable Crystalline Silica in half, from 100 micrograms per cubic meter of air, to 50 and creates dozens of new obligations related to written exposure control programs, medical exams for affected employees, respiratory protection, house-keeping, engineering controls, and training. The groups challenging the new requirements made several arguments, including that the rule will not have a material effect on the prevention of deaths from diseases such as silicosis and lung cancer, and that the new rule is not technologically or economically feasible. They had also argued that OSHA violated several administrative procedural requirements in promulgating the new rule. The court not only rejected all of those arguments, but sided with labor groups, including the AFL-CIO, who argued that the rule didn’t go far enough in protecting workers because it lacked “medical removal” provisions which would have required employees to be removed from jobs when they became ill, and only required medical surveillance for employees who were exposed for 30 days per year or more. The court rejected the latter argument but agreed with the first, calling OSHA’s actions in foregoing these protections “arbitrary and capricious”. The court ordered OSHA to reconsider and further explain that aspect of the rule. If you have questions OSHA’s requirements related to Respirable Crystalline Silica and what employers need to do to comply, please call Sotera Consulting, LLC at (612)597-6463 or paul@soteraconsulting.com. Governmental Update Governmental Liaison: Therese M. Benkowski, Weather-Or-Not Consulting, Inc. MCM continues to follow legislative bills at the State Capitol. As of the writing of this article, the hot issues this session include tax reform, transportation, workforce development, and environmental regulatory reform. The Minnesota Chamber is working hard at getting our legislators to understand that Minnesota business taxes are the 3rd highest corporate tax rate in the nation and the 4th highest personal income taxes. It is the hope that with this in mind, the
metalcasters_newsletter_spring_2018.docx