Eight construction industry organizations including the Texas Association of Builders filed a petition for review today of the final crystalline silica rule by the Occupational Safety and Health Administration with the U.S. Court of Appeals for the Fifth Circuit.

The affiliated national organizations for these groups—National Association of Home Builders, the American Road and Transportation Builders Association, American Subcontractors Association, Associated Builders and Contractors, The Associated General Contractors of America, Mason Contractors Association of America and Mechanical Contractors Association of America—will join the petition.

The construction industry raised numerous concerns regarding Occupational Safety and Health Administration’s proposal, but the agency failed to address many of these issues when promulgating the final rule. In particular, the industry presented substantial evidence that Occupational Safety and Health Administration’s proposed permissible exposure limit was technologically and economically infeasible.

The groups are concerned that the agency failed to take into account this evidence and moved forward with the same infeasible permissible exposure limit 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.