Updating the Silica
Litigation
The battle against the new silica rules is an ongoing process, and the recent Presidential election could be a turning point. A MODERN CASTING STAFF REPORT
T
he AFS legal challenge to the new silica rule is progressing, but multiple speedbumps and obstacles
could await. It also will be some time before the
outcome of the litigation is known, though the election of Donald Trump to the Presidency could alter the shape of the regulation. From an executive perspective, the
Trump administration can instruct agencies to revisit regulations or
provide guidance to not prioritize their enforcement, including the extension of compliance dates. Under Supreme Court precedent, new administrations cannot rescind regulations with the stroke of a pen. Te Trump admin- istration will have to go through the same notice and public comment procedures that new rules require. Tat process can take years, and it’s resource-intensive. Tat said, the rule could be stayed and reopened on certain issues, or there
could be negotiations to settle. “I think that the industry should be waiting to discuss this with the new administration as opposed to settling the case,” said Ed Foulke, former OSHA administrator under the Bush admin- istration, and partner and co-chair of Fisher Phillips’ workplace safety and catastrophe management practice group, “and particularly on the fact that the industry and the business community in general has probably done the best job it’s ever done on presenting evidence
Litigation against the new silica standard is ongoing. 30 | MODERN CASTING December 2016
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