Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silica Business Meeting : December 14 , 2023 Page 17 of 36
AUTHORITY AND REFERENCE CITATIONS
These regulations are submitted pursuant to the Board ' s authority under California Labor Code ( LC ) section 142.3 .
LC section 142.3 establishes that the Board may adopt , amend or repeal occupational safety and health standards or orders . Section 142.3 permits the Board to prescribe suitable protective equipment and control or technological procedures to be used in connection with occupational hazards and to provide for monitoring or measuring employee exposure for the protection of employees .
LC section 144.6 requires the Board , when dealing with standards for toxic materials and harmful physical agents , to “ adopt that standard which most adequately assures , to the extent feasible , that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to a hazard regulated by such standard for the period of his working life .” Section 144.6 also requires that the Board base standards on research , demonstrations , experiments and other appropriate information , taking into consideration the latest scientific literature , the reasonableness of the standards , and the experience gained under the health and safety laws .
LC section 9020 requires that the Board “ adopt standards for carcinogens at least as restrictive as the federal requirements for use of carcinogens promulgated under Section 6 of the Occupational Safety and Health Act of 1970 ( P . L . 91-596 ),” and that “ it is the intent of the Legislature that the state shall exercise strong leadership in preventing employees , employers , and other persons from being exposed to carcinogens .” 55
LC section 9030 requires that the Board “ adopt one or more standards requiring each employer which uses any carcinogen , including asbestos and vinyl chloride , to submit a written report regarding the use or any incident which results in the release of a potentially hazardous amount of a carcinogen into any area where employees may be exposed .” 56
LC section 9040 requires that “ every employer using carcinogens shall provide for medical examinations of affected employees where required by standards adopted pursuant to subdivision ( b ) of Section 142.3 .” 57
55
California Labor Code Section 9020 . https :// california . public . law / codes / ca _ lab _ code _ section _ 9020 .
56
California Labor Code Section 9030 . https :// law . justia . com / codes / california / 2020 / code-lab / division-5 / part- 10 / chapter-4 / section-9030 /.
57
California Labor Code Section 9040 . https :// california . public . law / codes / ca _ lab _ code _ section _ 9040 .