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company with 200 people. Although OSHA has not unveiled what a potential fne struc- ture may look like when the rule goes into efect, it is guaranteed to be higher than the agency's fnes in the past due to a provision in the budget bill signed into efect by President Obama. Fines will be brought in line with infation over the past 25 years and will con- tinue to rise with infation moving forward. THE CISC was working with legislators to bring awareness to the issue and efects on the construction industry. Unfortunately, mem- bers of the Appropriations Committee did not include the Silica rider in the FY 16 Omnibus Appropriations bill that was recently passed in Congress. Te absence of the rider furthers the likelihood of OSHA fnalizing the silica rule in February 2016. When the rule is fnalized, it will be sent to the Ofce of Information and Regulatory Afairs (OIR A) in the White House for re- view. Te CISC hopes to set up a meeting with the OIR A to discuss the rule, which would be the industry's last opportunity to infuence or change the rule before it is pub- lished. Options, like seeking a stay or other legal steps, could be available to the CISC upon OSHA fnalizing the silica rule. Tis is certainly an issue to keep tabs on considering the immediate and long-term efects it will have on the construction industry. a $5 billion per year rule, making it the most far-reaching and costly rule that has ever been imposed on the construction industry due to how widespread silica is on a construction site. ADDITIONALLY, THE report predicts sig- nifcant job losses for the recovering construc- tion industry, reducing the number of jobs in the U.S. economy by more than 52,700 yearly. Te icing on the cake for the construction industry is that, as one tool company testifed during the OSHA hearings, there are no tools on the market right now that actually can measure the proposed levels that OSHA will be requiring. Te current Permissible Exposure Limit (PEL) — maximum amount of silica a work- er can be exposed to during an eight-hour shift — for the construction industry is 250 micrograms per cubic meter of air. OSHA's silica rule would reduce the PEL to 50 micro- grams per cubic meter of air. Te problem? Technology doesn't exist to measure that level of crystalline silica dust in the air. Much like the Environmental Protection Agency's Lead Renovation, Repair and Painting Rule (RRP rule), the crystalline sili- ca rule could be introduced without tools and equipment available to ensure the industry can meet the new standards. Tis also means that true costs for compliance can't even be estimated close to accurately. Also unknown preceding the fnalization of the rule is how compliance could be enforced on a jobsite with multiple contractors working — how would anyone know who is responsible for creating and/or monitoring the dust in the air? It is presumed that a small, mom-and-pop business of one to fve people will be required to comply and have the same equipment as a SHA frst began looking at the creation of a rule on crystalline silica during the George W. Bush administration, so it isn't exactly a "new" topic for the industry. Te Obama administration took it up, and OSHA issued its new proposed rulemaking to the public in September 2013, and started holding hearings in March and April of 2014. During this time, the Construction Industry Safety Coalition (CISC) was formed of 25 trade associations — including NARI and the NAHB — representing virtually every aspect of the con- struction industry, since such a rule will afect ev- ery form of construction. Te CISC says, "Silica is ubiquitous on construction sites by virtue of its presence in many commonly used construction materials and products such as concrete, bricks, stone, asphalt, tile and countertops." While the CISC shares OSHA and the cur- rent administration's desire to ensure workers are being protected from unsafe levels of silica exposure, many obstacles and objections still exist, especially in light of the announcement the rule will be fnalized in February 2016. THROUGHOUT THE process, the CISC has supplied comments to OSHA, testifed during the hearings in March of 2014, continues to keep an open door with the agency, provide additional information and speak on behalf of the industry. A report the CISC submitted to OSHA, "Costs to the Construction Industry and Jobs Impacts from OSHA's Proposed Occupational Exposure Standards for Crystalline Silica," indicates the agency's origi- nal estimate for costs could be underestimating by approximately 20 percent. Economists the CISC has worked with say this could be around O Like it or not, OSHA plans to fnalize a rule about crystalline silica in February By Kacey Larsen A Rule on Silica is Coming — Be Prepared 18 January 2016 QR QualifiedRemodeler.com PROFITS: NARI Recertification QR has teamed up with NARI to create a convenient way to earn credits toward your recertification. After reading this issue's article, take the test for CEUs at QualifiedRemodeler.com/10441422.