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GAO-16-564R 1 (2016-04-11)

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G      A              U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-327944


April 11, 2016

The Honorable Lamar Alexander
Chairman
The Honorable Patty Murray
Ranking Member
Committee on Health, Education, Labor, and Pensions
United States Senate

The Honorable John Kline
Chairman
The Honorable Robert C. Bobby Scott
Ranking Member
Committee on Education and the Workforce
House of Representatives

Subject: Department of Labor, Occupational Safety and Health Administration: Occupational
        Exposure to Respirable Crystalline Silica

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Labor, Occupational Safety and Health Administration
(OSHA) entitled Occupational Exposure to Respirable Crystalline Silica (RIN: 1218-AB70).
We received the rule on March 25, 2016. It was published in the Federal Register as a final rule
on March 25, 2016. 81 Fed. Reg. 16,286.

The rule amends OSHA's existing standards for occupational exposure to respirable crystalline
silica. This final rule establishes a new permissible exposure limit of 50 micrograms of
respirable crystalline silica per cubic meter of air (50 mg/m3) as an 8-hour time-weighted
average in all industries covered by the rule. It also includes other provisions to protect
employees, such as requirements for exposure assessment, methods for controlling exposure,
respiratory protection, medical surveillance, hazard communication, and recordkeeping. This
rule contains two separate standards-one for general industry and maritime, and the other for
construction. OSHA determined that employees exposed to respirable crystalline silica at the
previous permissible exposure limits face a significant risk of material impairment to their health.
The evidence in the record for this rulemaking indicated to OSHA that workers exposed to
respirable crystalline silica are at increased risk of developing silicosis and other nonmalignant
respiratory diseases, lung cancer, and kidney disease.

Enclosed is our assessment of OSHA's compliance with the procedural steps required by
section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the
procedural steps taken indicates that OSHA complied with the applicable requirements.


GAO-16-564R

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