Small Business Review Panel Report Issued on Silica Exposure

Words: Dan KesterOn December 19, the Small Business Review Panel submitted its report on OSHA's draft proposed standard on crystalline silica exposure to Assistant Secretary of Labor John Henshaw for his review. The report recommends the "no rule" option - meaning that in lieu of proposing a whole new set of stringent standards on silica exposure, OSHA should dedicate more resources to enforcement of the existing permissible exposure limit (PEL). This could be done through alliances with industry, education, outreach, research and compliance assistance and avoid the potentially devastating economic impact a new rule would have on the overall construction industry.

The Panel's report was the compilation of comments submitted by small business representatives within the construction industry, general industry and maritime (three from MCAA), all of whom provided constructive criticism and suggested the "no rule" approach.

In a nutshell, the Panel found that OSHA had greatly underestimated the costs and complexity of the draft proposal; the standard is overly broad and somewhat vague; most of its provisions are technically infeasible and the potential for liability enormous.

The Panel 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 Labor Department will simply ignore them and move forward with a proposed rule. Given the negativity of the findings, I doubt seriously the Department will find it possible to disregard them, particularly when they would be certain to dramatically impact the fastest growing sector of the economy - construction. The Bush Administration may be confident about November, but why put forth such a flawed regulatory policy latent with economic disaster. MCAA has been working directly with the Assistant Secretary for Policy at Labor and others on Capitol Hill to make this case and won't rest until all of our concerns regarding economic and technical feasibility are addressed.

The Behind-the-Wall Secrets Every Mason Already Knows (But Some Ignore)
May 2026

You’ve been around long enough to know this already: stone doesn’t fail on the face; it fails behind the wall. You can lay the prettiest veneer in the county, but if the prep is junk, that wall’s gonna start telling on you after a couple of winters. Manu

Masonry Innovation in Action: Belden Brick’s Glazed Thin Brick Redefines Design Possibilities
May 2026

Masonry innovation is pivotal in shaping the built environment, and The Belden Brick Company is at the forefront of this evolution. Architects, designers, and contractors increasingly seek materials that marry high performance with bold aesthetics, and Be

Celebrating Craftsmanship and Country
May 2026

The 250th anniversary of the United States is more than a date. It is a reflection of centuries of progress, innovation, and determination. STABILA has chosen to mark this milestone with a product that mirrors those same qualities. The Patriot Series Maso

Rethinking Shelf Angle Design for High-Performance Masonry Walls
May 2026

If you've been around masonry construction long enough, you know the shelf angle is one of those details that’s easy to take for granted. It’s been used the same way for decades, set it at the slab edge, support the veneer, move on. But as building requir