Regulatory Adaptation in the Construction Industry: Case Study of the OSHA Update to the Respirable Crystalline Silica Standard

Abstract

This paper presents a case study of a proposed regulatory future-proofing framework for the construction industry. The update to the crystalline silica standard by the Occupational Safety and Health Administration (OSHA) was selected and reviewed. The standard applies uniformly to the entire construction industry and experienced typical areas of regulatory uncertainties during the rulemaking process. The case study presents the organizational responses to the standard by two construction companies and a trade association. The study results demonstrate the importance of each process of regulatory future-proofing (i.e., horizon scanning, stakeholder engagement, risk and opportunity assessment, response strategy development, and compliance implementation) in proactive adaptation to regulatory uncertainties during the rulemaking process. Additionally, the results highlight several practices (such as robust communication with all relevant parties and allocating right-sizing resources) for effectively achieving implementation of regulatory future-proofing.