In the wake OSHA's controversial final ruling on silica dust, eight construction industry organizations filed a petition for review with the U.S. Court of Appeals Fifth Circuit. The eight groups that filed included: Mississippi Road Builders’ Association, American Subcontractors Association of Texas, Pelican Chapter of Associated Builders and Contractors, Louisiana Associated General Contractors, Associated Masonry Contractors of Texas, Distribution Contractors Association, Mechanical Contractors Associations of Texas and Texas Association of Builders.

The national affiliates of these organizations will move to join their petition. The industry feels that when promulgating the final rule OSHA failed to address the concerns and issues that the construction industry has raised. They also presented evidence that the permissible exposure limit proposed by OSHA is technologically and economically impractical:

The petitioning groups are concerned that the agency failed to take into account this evidence and moved forward with the same infeasible PEL in the final rule. This and other final rule provisions display a fundamental misunderstanding of the real world of construction. The construction industry petitioners continue to be active participants in the rulemaking process and are dedicated to promoting healthy and safe construction jobsites.

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