from Frank Citera of Greenberg Traurig Chicago 

OSHA is currently accepting comments on a proposed rule that would significantly tighten the exposure limit for respirable crystalline silica across all industry sectors to 50 micrograms per cubic meter of air on a time-weighted average. If adopted, that change would reduce the exposure limit by roughly half for general industry and maritime, and by an even greater magnitude in various construction activities. OSHA also wants to issue regulations on exposure monitoring, medical surveillance and recordkeeping among the mandates that it argues would greatly reduce silicosis and other risks

The proposed rule could have a significant impact on industry, particularly the construction industry.  On November 21, a group of Republican senators urged OSHA to extend the comment period for the  proposed rule and to convene a panel to assess the rule’s impact on small employers.

Additional detail concerning this proposal and its implications may be found in materials for a webinar in which I participated earlier this week.  Those who would like a copy are free to request one from me at citeraf@gtlaw.com.

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Photo of David Mandelbaum David Mandelbaum

David G. Mandelbaum represents clients facing problems under environmental laws. He regularly represents clients in lawsuits and also has helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. A Fellow of the American College of Environmental Lawyers, David teaches Superfund, and…

David G. Mandelbaum represents clients facing problems under environmental laws. He regularly represents clients in lawsuits and also has helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. A Fellow of the American College of Environmental Lawyers, David teaches Superfund, and Oil and Gas Law in rotation at the Temple University Beasley School of Law as well as an environmental litigation course at Suffolk (Boston) Law School.

Since United States v. Atlas Minerals, the first multi-generator Superfund contribution case to go to trial in 1993, Mr. Mandelbaum has been engaged in matters involving allocation of costs among responsible parties, especially under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  He has tried large cases and resolved others as lead counsel.  He has written, spoken, and taught extensively on the subject.  More recently he also has been engaged to assist lead counsel from this firm and others:

  • to develop cost allocation methodologies;
  • to craft expert testimony in support of a favored methodology (given a definition of “fairness,” why one methodology better tracks it than another);
  • to develop efficient case management approaches; and to assist private allocation as part of the neutral team.

Concentrations

  • Air, water and waste regulation
  • Superfund and contamination
  • Climate change
  • Oil and gas development
  • Water rights