ISSN: 1546-962X
CODEN: JAIOAD
Published Online: 31 January 2005
Page Count: 16

Silica Sampling and Analysis: Legal Issues Evolving from Regulatory Standards and the Role of ASTM E 1132

Abrams, AL
President, Law Office of Adele L. Abrams P.C., Beltsville, MD

(Received 15 April 2004; accepted 19 October 2004)

Abstract

Regulation of crystalline silica is a current priority on the rulemaking agendas of both the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA). OSHA's draft standard has raised issues concerning which sampling and analytical procedures will be incorporated into the new regulation, and utilization of ASTM E 1132 is being considered as part of a comprehensive regulatory scheme for respirable crystalline silica. Citations supported by governmental determinations form the basis for “negligence per se” findings in tort litigation and constitute evidence of overexposure relative to worker's compensation and personal injury claims. This paper analyzes health issues associated with crystalline silica exposure, the rise of silica-related tort litigation, regulatory developments at the federal governmental level, the role of voluntary consensus standards, and recommendations for remedial action to minimize risk of harm to workers and the general public.

Keywords:
Crystalline silica, OSHA, MSHA, tort litigation, personal injury, construction, mining, air contaminants, sophisticated user, lung cancer, silicosis, ASTM E 1132, NIOSH Method 7500, OSHA Method ID-142, XRD

Paper ID: JAI12246
DOI: 10.1520/JAI12246
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