IMPORTANT ANNOUNCEMENT REGARDING THE FINAL RULE ON OCCUPATIONAL EXPOSURE TO CRYSTALLINE SILICA IN CONSTRUCTION
Last year, Kentucky adopted in 803 KAR 2:425 the final rule on Occupational Exposure to Crystalline Silica in Construction, which was published in the Federal Register on March 25, 2016 and codified in 29 C.F.R. 1926.1153. According to its latest announcement
, the United States Department of Labor, Occupational Safety and Health Administration (“OSHA”) has delayed enforcement of the final rule on Occupational Exposure to Crystalline Silica in Construction until September 23, 2017.
Though OSHA’s announcement did not by itself affect the effectiveness of the new silica standard in Kentucky, on June 26, 2017, an emergency regulation, 803 KAR 2:425E, was filed. It provides that the final rule on Occupational Exposure to Crystalline Silica in Construction shall not be in effect in Kentucky until OSHA begins enforcement of the new silica standard. Section 3 of the emergency regulation also provides that the construction industry shall continue to meet the silica standard that was in effect prior to the adoption of 29 C.F.R. 1926.1153 until enforcement of the new standard begins.
In accordance with KRS 13A.190, 803 KAR 2:425E became effective on its filing and shall remain in effect for 180 days plus the number of days, if any, extended under KRS 13A.280(2)(b) or until a permanent, identical amendment is adopted. The permanent amendment to 803 KAR 2:425 has been filed and is awaiting final adoption.
As a courtesy to the public, the text of 803 KAR 2:425E is available here
and the text of the proposed permanent amendment is available here