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  • Lawley Proactive Health Captive featured in Buffalo Business First

    Lawley Proactive Health Captive featured in Buffalo Business First

    Medical health captive insurance is a different model of employee benefits, employing a shared self-insurance model promoting employee wellness and transparency in claims data. Allissa Kline of Buffalo Business First profiled Lawley’s medical captive: Lawley Proactive Health Captive and how this employee benefits model has helped deliver premium returns to companies who participate, like ConServe, who also detailed their experience participating in the Lawley captive.

    When Continental Services Group Inc. decided to switch from a fully insured health plan to a self-funded plan, it did more than simply save money.

    The change allowed ConServe to pull back the curtain on the healthiness of its workforce. Now the company – which collects and manages student loans and other debt – has enough information about its employees to create targeted wellness programs which should lead to fewer insurance claims.

    “What this does – by having screenings and flu clinics and wellness programs – is create a culture in our company that helps put some downward pressure on claims usage,” said George Huyler, who oversees human resources for about 750 employees who work in Fairport and Cheektowaga. “We’ve been successful, especially over the past few years, with such downward pressure that we’ve actually had decreases in premiums and that’s unusual in today’s day and age.”

    “What this does – by having screenings and flu clinics and wellness programs – is create a culture in our company that helps put some downward pressure on claims usage,” said George Huyler

    ConServe is part of the Lawley Proactive Health Captive, a group of 15 employers in Upstate New York that have banded together to self-fund their own health insurance plans. Instead of transferring risk to third parties, the companies share the risk among themselves which means they strive to be the healthiest they can be.

    The captive was created by Lawley in 2011 as part of a movement to offer more services to clients. Lawley also operates an online benefits exchange.

    Bob Madden, senior employee benefits consultant, had worked at First Niagara Benefits Consulting, before joining Lawley in 2013. He views captives as a way for mid-sized and large companies to control insurance costs.

    Early on, captives only made sense for very big companies, such as Coca-Cola or IBM, Madden said. But today the concept has evolved so that multiple companies of certain sizes can form a single group to negotiate better stop-loss insurance rates and fixed costs. Unlike health insurance consortiums, members of a health captive choose their own health plans and rates based on their risk profiles.

    Lawley’s captive has three funding layers: a variable-cost employer level for each member company, a shared-risk level with a fixed cost that covers disease management and stop-loss protection offered by an insurance company that covers catastrophes.

    “If it’s a good year, the member groups can see a pretty decent return,” Madden said. “That captive level, if there’s a surplus at the end of the year, gets returned to members. The last four years, there’s been a distribution and last year the distribution was in excess of 40 percent.”

    The concept is gaining attention, especially given the perpetual rising costs of traditional health insurance plans. Lawley actively markets its captive and expects to add six companies before year=end.

    “It takes a little bit of education about how this works,” Madden said. “That’s because people have been conditioned to buy insurance a certain way, so every November they go through the same shell game of looking at carriers and getting quotes. But this isn’t just plugging in one insurance carrier. It’s really a culture change that takes time to learn about and explore.”

    At ConServe, premiums have remained the same for about five years, Huyler said.

    “We’re all in this together,” Huyler said. “It wouldn’t do any good if one company went rogue and said, ‘all of these screenings and clinics are good for your people, but not good for us.’ We haven’t done it, but you’d be voted off the island if you’re not like-minded.”

    To read the whole article, click here. (Must be a subscriber)

  • Toolbox Talk: Ladder Safety

    Toolbox Talk: Ladder Safety

    Falling from an elevated surface is one of the top ten reported reasons for workplace injuries. That’s why it is important to advocate for ladder safety across all work sites and make sure all workers/employees are trained properly. The ladder safety tips below can help to prevent injuries and keep all staff safe.

    Safe Set Up

    Selecting the correct ladder for the project is critical. A ladder should extend three feet beyond the work surface. Additionally, when selecting a ladder, you should always check the duty rating to confirm the capabilities of the ladder.

    Inspect Your Ladder

    Before each use, a quick inspection should be done to make sure the ladder is safe to use. Be sure to check:

    • Steps
    • Rungs
    • Spreaders
    • Rung locks
    • Safety feet
    • Fixtures

    Clear Your Work Area

    Having a clean and organized work area is helpful when setting up a ladder. If a ladder is placed in front of an entrance or exit, make sure that entryway is locked so no one will open the door on you while atop the ladder. Additionally, because ladders made of metal can conduct electricity, always use a fiberglass or wooden ladder if working near power lines.

    Proper Foundation

    Ladders are not safe unless they are placed on a solid foundation. Using wooden boards underneath the legs of the ladder can help even the surface you are working on. Also, the angle of the ladder is very important. Ladders should be set up at a 75 degree angle when possible. You can figure out the angle by using the 4:1 ratio — for every four feet of height the ladder will be leaning on, place the bottom feet of the ladder one foot away. For example, if you were climbing 12 feet, you would place the base of the ladder 3 feet away from the structure you are climbing up.

    Practice Caution

    Use these basic rules to stay safe when using a ladder:

    • Do not exceed the weight that your ladder is built to hold.
    • Keep your body weight centered in the middle of the ladder while climbing and do not lean too far to either side while working – instead move the ladder to a different position to get to out of reach areas.
    • Do not step on the top rung of the ladder.
    • Always face the ladder when climbing up or down.
    • Have someone spot you while you are climbing the ladder.
    • Wear non-slip shoes when using a ladder.

     

  • Top 7 Most Unbelievable Insurance Policies

    Top 7 Most Unbelievable Insurance Policies

    The Top 7 Most Unbelievable Insurance Policies Ever Written

    An Insurance policy is meant to provide someone with financial security and peace of mind in the event of the worst case scenario. The average person is usually content with policies like home, auto and life insurance but over the years there have been some insurance policies that range from odd to just flat out outrageous. Here is a list of the most unbelievable insurance policies written for people who were worried they needed more than coverage for a fender bender.

    1. Taste Buds:

    Egon Ronay was revered as one of the most distinguished food critics and restauranteurs in the world. In 1957, he wrote and published the first edition of the Egon Ronay Guide to British Eateries. His Guides were so influential that they could either make or break any restaurant and were responsible for launching the careers of many celebrity chefs such as Gordon Ramsey. Roney was able to take out an insurance police on his taste buds for $400,000. The policy covered his sense of taste, and was guaranteed payment if he had lost it.

    2. Lottery Winner Insurance for Employers:

    In the United Kingdom, employers are able purchase insurance in the event that their employees quit because they won the Lottery. In order to file the claim, at least two of your employees must leave due to winning, each one winning at least $150,000 and have left their jobs within two weeks winning. The odds of this policy paying out are actually worse than winning the lottery. Strangely enough, last year all ten of the employees at a recruitment agency in the UK failed to show up to work the day after winning $50 million in the National Lottery from a collective pool. Unfortunately for the recruitment agency, they did not have a Lottery Winners Insurance policy.

    3. Who wants to be a Millionaire?:

    The American game show, “Who Wants to Be a Millionaire,” is actually insured by the Goshawk Syndicate, a group of brokers at Lloyds of London, a British insurance group against the possibility of a contestant winning. Goshawk agreed to cover the award payments to anybody winning either $500,000 or $1 million. Buena Vista, the producer, has to pay a deductible of $1.5 million, but after that the Lloyd’s brokers are liable.

    4. Fantasy sports insurance:

    The Fantasy Sports Trade Association (FSTA) estimates that 41 million people play fantasy sports a year. Fantasy sports allow fans to create their own teams and provide owner simulation through a season as a sports fan chooses players and wins or loses according to player statistics. These fantasy leagues are more often than not played for money. With expensive entry fees, it’s not surprising that fans might want to insure their investment throughout a season that may cost $200 or more.
    One of the most expensive policies taken out in Fantasy Sports Insurance was on NFL running back Adrian Peterson for $1,500. The policies generally cost 10% percent of the insured amount, there for the price was $150. Unfortunately for that fan the insurance didn’t pay out, but on the bright side Peterson placed fifth in the league, with 1,298 rushing yards so his fantasy team probably did well.

    5. Free Thailand Riot Insurance:

    Thailand is a wonderful vacation destination full of rich culture, unique foods, breathtaking natural scenery and the occasional anti-government protest turned revolt. The fear of being in a dangerous riot on your vacation has caused tourism to the country to suffer. For a country that values the importance of tourism they turned to Insurance to solve their problem. The Policy has been put in place for short periods of time most recently between October 2013 and April 2014.
    Any tourist affected through harm or loss of property in the event of riots, natural disaster or terrorism can claim up to $10,000 each. Specifically the policy covers $10,000 per person for the Loss of life, limbs, sight or permanent disabilities. $1,000 per person but not exceeding $10,000 per person for hospital expenses as incurred and hospital stay, if necessary, for a maximum period of 10 days. Any losses or damage caused by travel interruption of more than eight hours will be compensated for $100 per person per day, but not exceeding $10,000 per person.
    However on the off chance that Thailand is invaded by a foreign country, whether war is declared or not, your Free Thailand Riot Insurance coverage will be denied.

    6. Heidi Klums legs:

    Heidi Klum is one of the world’s most famous super models since 1999, serving as the face of Victoria’s secret and then starting her hit reality Television show Project Runway. Apparently she felt her legs were so important to her career that she had an insurance policy taken out. “Basically, I was in London, and I had to go to this place where they check out your legs. They would look at them and I had one scar here from when I fell on a glass, so this [left leg] isn’t as pricey and this [right] one.” Together her legs are insured for $2 Million.

    7. Alien Abduction Insurance:

    As weird as it sounds, it is actually very possible to purchase insurance against alien abduction and more frequent then you would expect. There are over 20,000 people in the United States that pay a premium for Alien abduction insurance. Of course in order for an insurance company to pay out on this policy which is similar to life insurance, you will need to prove that you were actually abducted.
    There are a couple companies that offer alien abduction insurance, with normal policies costing around $150 per $1.5 million in coverage. The St. Lawrence Agency in Altamonte Springs, FL is one particular company that offers a lifetime premium of $19.95. In the event that you are abducted and are able to prove it, they will pay you $1 per year for 10 million years or until you die. Apparently in their 23-year history they have had to pay out two claims, both in New York State.

     

    Feel free to contact us Here at Lawley where we are able to provide a personalized policy and help you with all of your insurance needs, unless of course you are looking for something like alien abduction insurance.

  • House Committees Release ACA Replacement Bills

    House Committees Release ACA Replacement Bills

    House Republicans released two bills to repeal and replace parts of the Affordable Care Act (ACA) through the budget reconciliation process this week.

    The two bills are collectively referred to as the American Health Care Act. Debate on the legislation is currently underway in the House.

    A few items of interest to employers sponsoring group health plans are elimination of employer mandate penalties, enhancements to Health Savings Accounts (HSAs), and further delay of the Cadillac tax.

    For more detailed information on these and other changes contained in the bill, please click the link below. Please keep in mind that these bills are subject to change as they progress through the House and Senate.

    ACA Replacement Bills Released by House Committees

  • If a Tree Falls In a Storm, Who Pays?

    If a Tree Falls In a Storm, Who Pays?

    Every year, storms are responsible for countless falling trees and limbs. Unfortunately, some of those fallen trees damage homes and other property.

    Cleaning up the damage from a storm can be a difficult task, both physically and emotionally, and things can become especially tense when you discover that it’s your neighbor’s tree that damaged your house.

    To make matters worse, many homeowners are surprised to discover that if a neighbor’s tree falls on their house, it’s usually their own homeowners policy—not their neighbor’s—that will cover the cost of the damages. What follows are general guidelines for who pays what in various situations, but you should also check your homeowners policy for coverages and exclusions.

    Your Property, Your Homeowners Insurance Policy

    Generally speaking, if your property is damaged, you are responsible for the damages. It doesn’t matter if the tree or limb came from your property, your neighbor’s property or even municipal property.

    Keep in mind that a windstorm isn’t anyone’s fault; it’s an act of nature. If a tree does damage your property during a windstorm, your policy will cover the damages. After all, that’s why you purchased a homeowners policy—to protect yourself against unforeseen losses like a tree damaging your house.

    Many homeowners are surprised to discover that if a neighbor’s tree falls on their house, it’s usually their own homeowners policy—not their neighbor’s—that will cover the cost of the damages

    Their Property, Their Homeowners Policy

    It might seem unfair that if it’s your neighbor’s tree that damages your home, you should have to pay. Fortunately for you, that standard applies both ways. If a storm rolls through and your tree falls and damages your neighbor’s house, his or her insurance is going to cover the damages.

    Negligence and Liability For Wind Damage

    So far, these scenarios have been fairly straightforward, but what happens when it wasn’t a storm that fell the tree?

    Instead, your neighbor’s tree was hollowed out from years of disease, and he’d neglected to do anything about it. In fact, it was so diseased that you expressed your concern to your neighbor that it might topple over and damage your property. Unfortunately, one day, that’s exactly what happens. What then?

    Your insurance carrier is still going to be the one paying your claim. However, if you can prove your neighbor knew that the tree was diseased and that he or she neglected to fix it, your insurance carrier would probably attempt to collect from your neighbor’s insurance. If your carrier is successful, you could be reimbursed for your deductible.

    Remember, though, this rule also applies the other way. If you have diseased or damaged trees on your property and they damage your neighbor’s house, he or she can try to prove your negligence. Your property is your responsibility, so it’s best to inspect your trees every year for signs of disease or damage. If you’re not sure what you’re looking for, consider having a professional arborist examine your trees.

    Are Other Structures Covered From A Fallen Tree?

    If the tree doesn’t damage your house but instead damages your fence, are you still covered? Generally, you are.

    Most homeowners policies distinguish between two different kinds of structures on your property. The “dwelling” refers to your house and any attached structures (like an attached garage), as well as any fixtures attached to the house. “Other structures,” including detached garages, sheds, fences or gazebos, are also insured, but typically only for 10 percent of the coverage on your dwelling.

    What If A Fallen Tree Hits My Car?

    If, in the aftermath of a storm, you discover that a tree has fallen on your car, your homeowners policy doesn’t apply. Instead, you’ll be looking at your auto policy.

    If you have comprehensive coverage on your vehicle, your auto insurance carrier will pay for the damages, after you pay your deductible. The same rule would apply to a guest’s car. Hopefully, he or she took out comprehensive coverage, too.

    Are Tree Removal and Cleanup Costs Covered By My Homeowners Policy?

    What if the tree fell but didn’t hit anything? Would you be covered for removal costs? If the fallen tree blocks a path to your front door or driveway, then many homeowners policies would pay for removal. Generally, the maximum coverage is around $500, but always check your policy or talk with your insurance agent.

    If the tree simply falls in the middle of your yard, your policy likely wouldn’t cover it. Unless the fallen tree damaged insured property, there is no loss to file a claim for.

    Is Tree Replacement Covered In My Homeowners Policy?

    Replacing the trees themselves can be more complicated. Trees that have fallen due to wind damage may or may not be covered, so it’s best to check with your broker.

  • Why Your Company May Want to Consider a Dependent Audit

    Why Your Company May Want to Consider a Dependent Audit

    At a time of escalating healthcare costs and changing regulations, you want to be certain your benefits budget is as lean as possible. If you manage employee benefits, you’ll save your company money by making sure you’re not covering ineligible dependents. The New York Times notes that conducting dependent audits “makes good business sense” and points out that the number of companies doing such audits continues to rise. When we helped a company of 600 examine the dependents they were covering, we discovered six ineligible dependents, saving the company $15,000.

    Employees’ Lives Change

    Managing your employees’ benefits requires agile record-keeping, because people’s family situations are always changing. Dependent children grow up, full-time students leave school, and people get divorced. Employees can easily overlook the need to keep your office up to date on their family changes, so it’s up to you to periodically check in with them.

    Lowering Your Error Rate Yields a Good Return

    Every plan pays some erroneous claims. Smart Business Online states that on average, anywhere from 3 to 15 percent of dependents don’t actually qualify for coverage. Once you’ve completed a thorough audit, you can build a robust updating routine into your benefits process, lowering your costs and minimizing the need for full audits in the future.

    An Audit Streamlines Claims for Self-Funded Companies

    Conducting a dependent audit can reveal sources where you’re overspending, and it can also save you money because you don’t have to go back later and unsnarl the problems when healthcare claims have been improperly paid. Also, such an audit helps keep your organization in full compliance with ACA and ERISA requirements. Finally, your risk is lowered when healthcare premiums and claims accurately match your actual risk pool.

    Dependent Audits Give Your Employees Peace of Mind

    Some employers fear that their employees may object to a dependent audit, because they have to produce school documents, birth certificates and so on. In fact, your employees will quickly realize that inaccurate insurance records could create an after-the-fact payment nightmare if a dependent needs medical care. A dependent audit assures your employees that they’re making the right coverage choices for everyone in their family.

    Has your current broker discussed a dependent audit with you? Good insurance service is not just about doing the minimum; instead, it includes digging deeper into your coverage and making sure you’re paying to cover the right set of people. Lawley has the expertise to go beyond the minimum; we lower your costs because we leave no stone unturned. Contact our team today to learn more about whether it’s time for your company to conduct a dependent audit.

  • Lawley Announces Relocation of Darien, Connecticut Office

    Lawley Announces Relocation of Darien, Connecticut Office

    Lawley Announces Relocation of Darien, Connecticut Office

    Top 100 Insurance Broker moves Darien, Connecticut office less than a mile away to better accommodate client needs in tri-state area

    Darien, CT February 23rd, 2017 – Lawley, one of the largest independent insurance brokers in the United States according to Business Insurance, formally announces plans to move its Darien, Connecticut office down the road on Thursday, February 23rd, 2017.

    Lawley has had a presence in Darien since 2014, after the merger with what was then known as DFM Insurance. The new Lawley Darien office will be located on the 3rd Floor of 22 Thorndal Circle, just a half mile down the road from the most recent address at 10 Corbin Drive.

    “We found an excellent location which will accommodate our growth for several years. This short move should have very little impact on our clients and employees,” said Lawley partner Dan Mahoney. “This move comes during a growth phase for the company, as we have recently introduced a dedicated employee benefits team supporting the tri-state area that coincides with overall company-wide growth. Along with a recent move to our Purchase office last year, Lawley is growing to support the various needs of Connecticut, New York and New Jersey families and businesses.”

    Staff will remain operational and available during the move.

    About Lawley
    Lawley is a privately-owned, independent regional insurance firm specializing in property, casualty and personal insurance, employee benefits and risk management consulting and ranked among the 100 Largest Insurance Brokers in the U.S., according to Business Insurance magazine.

    For over 60 years, Lawley’s team of more than 350 associates have developed customized property, casualty, surety and benefits insurance programs for businesses and municipalities of all sizes along with personalized protection for individuals and their families. Lawley is recognized as one of the Best Places to Work nationally by Business Insurance and Buffalo Business First.

    Headquartered in Buffalo, NY, Lawley has branch offices across New York in Amherst, Batavia, Fredonia, Melville, Purchase and Rochester along with Darien, Connecticut and Florham Park, New Jersey. To find out more, visit lawleyinsurance.com.

  • The Dreaded “Pay when Paid” and “Pay if Paid” Clauses for Contractors

    The Dreaded “Pay when Paid” and “Pay if Paid” Clauses for Contractors

    As a contractor, when you’ve completed your work, you would like to get paid. However, sometimes, this doesn’t happen in a timely manner because the person you contracted with informs you that they are having problems getting paid themselves and you won’t get paid until they do. They could have a legitimate reason (in some instances and depending on your contract) for not paying you — it is a called a “pay if paid” clause.

    What is a “Pay if Paid” Clause?

    It’s a clause that allows an upper tier contractor to transfer risk of nonpayment by its customer to lower-tier subcontractors and vendors.  The clause makes it a condition precedent that the upper tier contractor receives payment before making payments to lower tiers. An example of this type of clause in a contract can be as follows: “It is specifically understood and agreed that payment is dependent, as a condition precedent, upon the construction manager receiving contract payments, including retainage, from the owner.”

    This means that because the owner has not paid the person who hired you (the contractor), your final expenses for the job aren’t going to get paid until the owner coughs up the rest of the cash.

    What is a “Pay when Paid” Clause?

    It’ a timing clause, allowing upper tier contractor’s to postpone when it pays lower tier contractors and vendors. In theory, to allow time for upper tiers to bill and receive payment from its customer first.

    Isn’t This Against The Law?

    There is good news. New York’s highest court has held that “Pay if Paid” clauses are not enforceable, because they violate New York Lien Law and are deemed to be against public policy. Only New York and California have voided the “Pay if Paid” provisions and their legislature understands that the clause is against public policy. All other states do not.

    What Do You Do?

    The best thing to do when writing contracts for jobs is to absolutely know your contract inside and out. If there are owners higher up the chain than those who are hiring you, it is pretty much guaranteed that your final payment could be delayed for some time thanks to the “Pay when Paid” clause. Having an attorney prepare and /or review your contract can help alleviate some of these problems and help you get paid based on your schedule instead of your client’s.

    Negotiate. Limit your exposure to loss. Things such as having a payment schedule due every 2 weeks opposed to monthly, getting paid faster by limiting the number of days required for upper tier to pay lower tier (to 10 days opposed to 30, for example) or reduce retainage held.

    Don’t Wait Until It Is Too Late

    Too often, contractors wait until the cash stops flowing to take a new look at their contract. Consulting a lawyer at this point is helpful, but it does not necessarily mean that you will be getting paid anytime soon. In fact, if the clause is in place, you may be bound and just have to wait it out.

  • New Rule to Improve Tracking of Workplace Injuries and Illnesses

    New Rule to Improve Tracking of Workplace Injuries and Illnesses

    Provisions call for employers to electronically submit injury and illness data that they already record

    Why is OSHA issuing this rule?

    This simple change in OSHA’s rulemaking requirements will improve safety for workers across the country. One important reason stems from our understanding of human behavior and motivation. Behavioral economics tells us that making injury information publicly available will “nudge” employers to focus on safety. And, as we have seen in many examples, more attention to safety will save the lives and limbs of many workers, and will ultimately help the employer’s bottom line as well. Finally, this regulation will improve the accuracy of this data by ensuring that workers will not fear retaliation for reporting injuries or illnesses.

    What does the rule require?

    The new rule, which takes effect Jan. 1, 2017, requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website. OSHA believes that public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the general public. The amount of data submitted will vary depending on the size of company and type of industry.

    How will electronic submission work?

    OSHA will provide a secure website that offers three options for data submission. First, users will be able to manually enter data into a webform. Second, users will be able to upload a CSV file to process single or multiple establishments at the same time. Last, users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface). The site is scheduled to go live in February 2017.

    Anti-retaliation Protections

    The rule also prohibits employers from discouraging workers from reporting an injury or illness. The final rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation, which can be satisfied by posting the already-required OSHA workplace poster. It also clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses. These provisions become effective August 10, 2016, but OSHA has delayed their enforcement until Dec. 1, 2016.

    Compliance Schedule

    The new reporting requirements will be phased in over two years:

    Establishments with 250 or more employees in industries covered by the recordkeeping regulation must submit information from their 2016 Form 300A by July 1, 2017. These same employers will be required to submit information from all 2017 forms (300A, 300, and 301) by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

    Establishments with 20-249 employees in certain high-risk industries must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

    OSHA State Plan states must adopt requirements that are substantially identical to the requirements in this final rule within 6 months after publication of this final rule.

     

    This article was originally published by OSHA at www.osha.gov and has been duplicated in order to inform clients at Lawley Insurance of new OSHA regulations.
  • OSHA Releases Silica Rule

    OSHA Releases Silica Rule

    As OSHA releases silica rules, we at Lawley Construction want to keep you updated. OSHA has said the proposed silica rule “would bring protections into the 21st century” because it currently enforces 40-year-old permissible exposure limits for crystalline silica in general industry, construction and shipyards.

    The new silica rule was released on March 24, 2016. OSHA had been working on the proposed rule for years and published an NPRM on Sept. 12, 2013, then considered more than 2,000 comments and held 14 days of hearings before releasing the new rule.

    The National Council of Occupational Safety and Health (National COSH) and other organizations that have pushed for this rule to be enacted have welcomed it immediately. “Workers across America can breathe easier today,” said National COSH Acting Executive Director Jessica Martinex. “We’ve known for decades that silica dust is deadly. With new common-sense rules in place to limit exposure, we can save lives and reduce suffering from silicosis, cancer and other life-threatening diseases.”

    The rule will cut the permissible exposure limit (PEL) for silica dust to 50 micrograms of silica per cubic meter of air, averaged over an eight hour day, a limit two to five times lower than the current PEL.

    OSHA Releases Silica Rule with New Standards

    Two standards are in the final rule and they took effect on June 23, 2016. Affected industries have varying amounts of time to come into compliance with most requirements. Some examples include:

    • Construction: June 23, 2017
    • General Industry & Maritime: June 23, 2018
    • Hydraulic fracturing: June 23, 2018 (for all provisions except engineering controls for which the compliance date is June 23, 2021)

    New Rule to Protect Millions from Toxic Work Sites

    “Decades in the making, OSHA’s new silica rule will better protect millions of workers from a highly toxic, cancer-causing substance that has killed thousands while the rule slowly worked its way through the regulatory gauntlet, administration after administration. Today, in quarries, foundries, building sites, and kitchen rehab jobs across the country, workers can look forward to breathing cleaner air,” said Center for Progressive Reform Executive Director Matt Shudtz. “But, the updated rule is far from the end of the story. Next comes the inevitable litigation. Following their tired playbook, special interest groups will beg a court to put a hold on the rule, hoping to delay or undo it. Workers have waited long enough for this rule. It is high time industry made an investment in the future by establishing the protections this rule requires. Investing now in tools and policies to better protect workers will save hundreds of lives every year. That’s not just a number; these are real people who will not have to suffer the pain and indignity of gasping for breath simply because they went to work at a job where the hazards of silica dust were ignored because OSHA’s outdated standard required so little of their employers.”

    NIOSH’s Howard said the new rule matches what NIOSH recommended way back in 1974. For too long, employers opposed to lower PEL would say, “it’s just dust,” Howard said “Well, no, no, no — it’s silica. Our surveillance scientists still count cases that occur to day that we hope this new rule will prevent.”

    OSHA’s Michaels said the previous PEL was out of date at the time when it was promulgated, allowing unnecessarily harmful worker exposures to silica dust for decades. “We commit ourselves to finishing the rule within the final term of President Obama,” he said. He also called the rule a “huge milestone.”

    Inhaling respirable crystalline silica exposes workers to the risk of silicosis, lung cancer, chronic obstructive pulmonary disease, and kidney disease. This new rule from OSHA could help protect those workers and keep them safe.