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Construction Industry Groups File Suit Over OSHA Silica Rule

Contacts:                                                                                                                                           For Immediate Release 

Donna Reichle, ABC, (202) 595-1782 
[email protected]

Nick Goldstein, ARTBA, (202) 289-4434, Ext. 207
[email protected]

Marc Ramsey, ASA, (703) 684-3450, Ext. 1321
[email protected]

Brian Turmail, AGC, (703) 459-0238
[email protected]

Eben Wyman, DCA, (703) 750-1326
[email protected]

Jeff Buczkiewicz, MCAA, (224) 678-9709
[email protected]

Pete Chaney, MCAA, (301) 869-5800
[email protected]

Liz Thompson (202) 266-8495
[email protected]

WASHINGTON, D.C., April 4—Eight construction industry organizations filed a petition for review of the final crystalline silica rule by the Occupational Safety and Health Administration (OSHA) with the U.S. Court of Appeals for the Fifth Circuit today. Petitioning groups included: Mississippi Road Builders’ Association, American Subcontractors Association of Texas, Pelican Chapter of Associated Builders and Contractors, Louisiana Associated General Contractors, Associated Masonry Contractors of Texas, Distribution Contractors Association, Mechanical Contractors Associations of Texas and Texas Association of Builders. 

The affiliated national organizations of these groups—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, Mechanical Contractors Association of America and National Association of Home Builders—will move to join the petition.

The construction industry raised numerous concerns regarding OSHA’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 OSHA’s proposed permissible exposure limit (PEL) was technologically and economically infeasible.

The petitioning groups are concerned that the agency failed to take into account this evidence and moved forward with the same infeasible PEL 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.
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About Associated Builders and Contractors (ABC)
ABC is a national construction industry trade association representing nearly 21,000 chapter members. Founded on the merit shop philosophy, ABC and its 70 chapters help members develop people, win work and deliver that work safely, ethically, profitably and for the betterment of the communities in which ABC and its members work. Visit us at

About American Road & Transportation Builders Association (ARTBA)
Established 115 years ago, the Washington, D.C.-based American Road & Transportation Builders Association (ARTBA) is the consensus voice of the U.S. transportation design and construction industry before Congress, the White House, federal agencies, news media and general public.  On behalf of its 6,500 public and private sector members, ARTBA advocates strong investment in transportation infrastructure in order to meet the public and business demand for safe and efficient travel.  Learn more:

About American Subcontractors Association (ASA)

Founded in 1966, ASA amplifies the voice of, and leads, trade contractors to improve the business environment for the construction industry and to serve as a steward for the community. The ideals and beliefs of ASA are ethical and equitable business practices, quality construction, a safe and healthy work environment, and integrity and membership diversity. Visit ASA online at

 About the Associated General Contractors of America (AGC)
The Associated General Contractors of America (AGC) is the leading association for the construction industry. AGC represents more than 26,000 firms, including over 6,500 of America’s leading general contractors, and over 9,000 specialty-contracting firms. More than 10,500 service providers and suppliers are associated with AGC through a nationwide network of chapters.  Visit the AGC website at

 About Distribution Contractors Association (DCA)
For over 50 years, the Distribution Contractors Association, headquartered outside Dallas, Texas has been an organization of quality contractors and associates working together to deliver superior value to the natural gas and underground utility industry. Our members look to DCA as a venue for networking, an advocate for safety and a voice in labor relations. Visit DCA at

 About Mason Contractors Association of America (MCAA)

The Mason Contractors Association of America (MCAA) is the national trade association representing mason contractors and was incorporated in 1950. The MCAA is committed to preserving and promoting the masonry industry by providing continuing education, advocating fair codes and standards, fostering a safe work environment, recruiting future manpower, and marketing the benefits of masonry materials. Visit MCAA at

 About Mechanical Contractors Association of America (MCAA)
The Mechanical Contractors Association of America (MCAA) serves the unique needs of approximately 2,500 firms involved in heating, air conditioning, refrigeration, plumbing, piping, and mechanical service. We do this by providing our members with high-quality educational materials and programs to help them attain the highest level of managerial and technical expertise. MCAA includes the Mechanical Service Contractors of America, the Plumbing Contractors of America, the Manufacturer/Supplier Council, the Mechanical Contracting Education and Research Foundation and the National Certified Pipe Welding Bureau. Visit MCAA at

 About National Association of Home Builders (NAHB)

The National Association of Home Builders is a Washington-based trade association representing more than 140,000 members involved in home building, remodeling, multifamily construction, property management, subcontracting, design, housing finance, building product manufacturing and other aspects of residential and light commercial construction. NAHB is affiliated with 800 state and local home builders associations around the country. NAHB's builder members will construct about 80 percent of the new housing units projected for this year. Visit NAHB at

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