The
memorandum states that during the first 30 days of enforcement OSHA will not
issue citations to contractors who are putting forth good faith efforts in
their attempt to comply with the requirements of the new standard. For those
contractors attempting to comply, OSHA will offer compliance assistance and
outreach with a focus on full and proper implementation of the controls listed
in Table 1. However, if during an inspection it appears that a contractor
is not making any effort to comply with the requirements of the silica
standard, OSHA’s inspection will include air monitoring for exposures and the
contractors may also be considered for citations. During this time
period, any proposed citations are required to be reviewed by the National
Office.
The memorandum also notes that OSHA
has developed interim inspection and citation guidance to be released prior to
the termination of the memorandum and that a compliance directive will be
issued at a later date. AGC encourages contractors who have operations in
State Plans and are covered by the silica standard, to contact their
Administrators to find out if the September 20 memorandum will be acknowledged.
For
more information, please contact Kevin Cannon at (703)837-5410 or cannonk@agc.org.