Issued October 19, 2017
MEMORANDUM FOR: REGIONAL ADMINISTRATORS
THROUGH: THOMAS GALASSI - Acting Deputy Assistant Secretary
FROM: PATRICK J. KAPUST, Acting Director - Directorate of Enforcement Programs
Interim Enforcement Guidance for the Respirable Crystalline Silica in Construction Standard, 29 CFR 1926.1153
This memorandum provides interim enforcement guidance to Compliance Safety and Health Officers (CSHOs) for enforcing 29 CFR 1926.1153, Respirable Crystalline Silica. The Respirable Crystalline Silica in Construction standard establishes a new 8-hour time weighted average (TWA) permissible exposure limit (PEL) of 50 µg/m3, and an action level (AL) of 25 µg/m3.
As you know, OSHA has been enforcing the Respirable Crystalline Silica in Construction standard since September 23, 2017. However, for the first 30 days, OSHA offered compliance assistance in lieu of enforcement for those employers who were making good faith efforts to comply with the new construction standard. Effective October 23, 2017, OSHA will fully enforce all appropriate provisions of the Silica in Construction standard. This memorandum will serve as interim enforcement guidance while the standard's companion compliance directive is proceeding through the review process. It will expire when the compliance directive becomes effective and available to the field.
This memorandum highlights some of the requirements of 29 CFR 1926.1153, but does not provide guidance on all of the standard's provisions. The attachments provide inspection and citation guidance; as well as flow charts to assist with evaluating employers' control methods. Please consult the Office of Health Enforcement when you need further information or guidance on 29 CFR 1926.1153, Respirable Crystalline Silica.
Further, due to the new requirements in 29 CFR 1926.1153, Respirable Crystalline Silica, OSHA has revoked CPL 03-00-007, National Emphasis Program - Crystalline Silica. However, the inspection procedures for both General Industry and Maritime will remain unchanged until the compliance date for these industries begins on June 23, 2018.