North America's Building Trade Unions v. OSHA, No. 16-1105 (D.C. Cir. 2017)Annotate this Case
Industry and the Unions petitioned for review of the Department of Labor's final rule regulating exposure to silica. Industry raised five issues, all of which the DC Circuit rejected. The court also rejected the Unions' challenge to the construction standard's 30-day trigger for medical surveillance. The court held, however, that OSHA failed to adequately explain its decision to omit medical removal protections from the Rule and remanded for further consideration of the issue.