Masonry Magazine February 2004 Page. 11
data to determine whether there are industry-specific differences in silicosis risks and whether or how the draft standard should be revised to reflect such differences. The Panel also recommended that OSHA carefully examine the technological and economic feasibility of the draft proposed standard.
But most importantly, the panel saw no need for a new rule and preferred strengthened enforcement of and enhanced outreach for the existing exposure limit. They also recommended that OSHA: 1) carefully consider and solicit comment on the alternative of improved outreach and support for the existing standard; 2) examine what has and has not been accomplished by existing outreach and enforcement efforts; and 3) examine and fully discuss the need for a new standard and if such a standard can accomplish more than improved outreach and enforcement.
In MCAA's view, the findings of the panel were right on target; the question now becomes whether or not the Department of Labor and the Bush Administration will simply ignore them and move forward with the proposed rule. Given the negativity of the findings, I doubt seriously the Department will find it possible to disregard them, particularly when they would dramatically impact the fastest growing sector of the economy construction (the Department of Commerce reported that construction spending in November rose 1.2% to a seasonally adjusted annual rate of $934.5 billion, the sixth consecutive monthly increase). The Bush Administration may feel confident about November, but why put forth such a flawed regulatory policy latent with economic disaster.
MCAA has been working directly with the Department's Assistant Secretary for Policy and others on Capitol Hill to make this case and won't stop until all of our concerns with respect to economic and technical feasibility are addressed.
Marian Marshall is director of MCAA's Government Affairs. She has over 25 years experience working with the Congress and Executive branches of the U.S. government and oversees all MCAA legislative, regulatory and political action activities.
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