Florida Construction Law

After a few legal fits and starts, as well as extra time for review and input, the Occupational Safety and Health Administration's new silica standard for construction is scheduled to go into effect about a month from now, on Sept. 23. What that means is contractors who engage in activities that create silica dust — that is, respirable crystalline silica — such as by cutting, grinding or blasting materials like concrete, stone and brick, must meet a stricter standard for how much of that dust workers inhale. The same goes for employers of tradespeople working around such activities. The new standard also specifies what services employers must make available to workers who are exposed to high levels of silica dust and the training required of those who are at risk. Inhaling silica dust can lead to silicosis, an curable lung disease that can be fatal if severe enough. Those with too much silica exposure can also develop lung cancer, kidney disease and chronic obstructive pulmon...

If the new rules stand, workers would have to be protected from respirable silica when levels measure above the 50  micro grams  per cubic meter threshold.  Opposition to the proposed requirements is growing. The American Subcontractors Association considers the OSHA proposal "confusing and burdensome." And the National Association of Home Builders has issued a statement objecting to the "one-size-fits-all measure" that suggests the new OSHA ruling could affect how roofers cut asphalt shingles. However, it is not immediately clear that cutting shingles would be included under the new rules. OSHA clearly directs the ruling at "operations involving cutting, sawing, drilling, and crushing of concrete, brick, block and other stone products and in operations using sand products, such as in glass manufacturing, foundries and sand blasting." The ASA and NAHB have joined nine other builder trade associations opposing the new rule, while labor unions are lining ...