Oral Argument on Silica Rule Suit Set for September 26

- As litigation challenging a landmark Occupational Safety and Health Administration (OSHA) rule regulating silica exposure gets underway, the U.S. Court of Appeals has scheduled oral arguments to begin September 26 at 9:00 am.

The rule, often considered a crowning achievement of OSHA during the Obama-era, set new standards for the permissible exposure limit to silica in an effort to prevent respiratory illnesses caused by the compound.

Industry groups constituting the major force challenging the rule have argued that there was not sufficient evidence demonstrating that the previous rule was inadequate regulation and faulted the rule for being economically and technologically unfeasible. According to Inside OSHA Online, some labor groups fighting for greater protections for workers are also party to the litigation process.

One of the final acts of OSHA under Obama was defending the Silica Rule. The new administration, under Labor Secretary Alex Acosta, may instead pursue President Trump’s deregulatory agenda and potentially give up defense of the Silica Rule.

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