How Much Longer Will it take for OSHA to Protect Workers from Deadly Silica Dust?

Thousands of U.S. workers die every year because of on-the-job exposure to unsafe levels of crystalline silica, a toxic dust common in the construction, sandblasting, and mining industries. Even at the current legal limits, inhaling the tiny toxic particles poses a significant risk to workers of silicosis - an incurable and fatal disease that attacks the lungs - and other diseases such as lung cancer, tuberculosis, chronic kidney disease, and autoimmune disorders. If you're exposed to silica dust at work or know someone who is, you've probably been following news about the Occupational Safety and Health Administration's (OSHA) proposed rule published in September 2013 to strengthen the existing standard by cutting in half the permissible exposure limit and imposing medical monitoring requirements. By OSHA's own estimates, the rule would prevent almost 700 deaths and 1600 illnesses every year, which is a primary reason why CPR considers the silica rule among the top 13 essential regulatory actions the Obama Administration should complete before leaving office. Today marks the one-year anniversary of the close of the rulemaking docket for the proposal, but OSHA hasn't made any apparent progress toward finalizing the rule. Rather, OSHA is now two months behind on its self-imposed June 2015 deadline for completing a review of the comments, testimony, and other evidence submitted on the proposal. So, what's the holdup over at OSHA? Given that the rule's several decades in the making, it's fair to expect that OSHA would keep the public apprised of its status. But the agency hasn't uttered a word, leaving those of us waiting to celebrate at the finish line wondering if they're even still on the track. The best-case scenario would be for OSHA to announce immediately - today, even! - that it has sent the draft final rule over to the White House Office of Information and Regulatory Affairs (OIRA) for review, and then for OIRA to clear the rule promptly and without any weakening changes. Although Executive Order (E.O.) 12866 executive review authorizes OIRA to waive review for any reason (or no reason at all), there's no obvious instance where OIRA has chosen to do so for a rule it has categorized as "significant," such as the silica rule. Thus, this hypothetical proceeds on the assumption that OIRA would conduct a review, but ideally, would complete it within the 90-day time period set forth in the E.O. Under this scenario, the new silica standard could be finalized and in effect no later than January 2016, and most of the new requirements could be enforceable by July 2016.