Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silica Business Meeting : December 14 , 2023 Page 18 of 36
Authority : Labor Code sections 142.3 , 144.6 , 9020 , 9030 , 9040 Reference : Labor Code sections 142.3 , 144.6 , 9004 ( d ), 9009 , 9020 , 9030 , 9031 , 9040
INFORMATIVE DIGEST OF PROPOSED ACTION / POLICY STATEMENT OVERVIEW
Summary of Existing Regulations and the Effect of the Proposed Regulation
LC sections 60.5 and 6308 provide that Cal / OSHA is charged with the administration and enforcement of the provisions of the California Occupational Safety and Health Act , commencing with LC section 6300 , as well as other provisions of law affecting the health and safety of employees in the State of California .
Existing law , title 8 , section 342 , Reporting Work-Connected Fatalities and Serious Injuries , requires employers to report immediately to the Division any serious injury or illness or death of an employee occurring in a place of employment or in connection with any employment .
Existing law , title 8 , section 5203 , Carcinogen Report of Use Requirements , requires all employers who use a regulated carcinogen to report that use in writing to the Chief of Cal / OSHA . Crystalline silica is included in the definition of regulated carcinogens under subsection 5203 ( b ).
Existing law , title 8 , section 5204 , Occupational Exposures to Respirable Crystalline Silica , contains requirements for occupational exposure to crystalline silica for employees working in general industry . Subsections ( a ), ( e ), ( f )( 1 ), ( f )( 2 ), ( g ), ( h ) and ( i ) address the scope of the regulation , regulated areas , engineering and work practice controls , written exposure control plan , respiratory protection and housekeeping , respectively .
Existing law , title 8 , section 1532.3 , Occupational Exposures to Respirable Crystalline Silica , contains requirements to protect employees working in the construction industry , including requirements that employers must take when employees are exposed to respirable crystalline silica above the AL of 25 micrograms per cubic meter of air ( 25 μg / m3 ) as an 8-hour timeweighted average ( TWA ).
Existing law , title 8 , section 3203 , Injury and Illness Prevention Program , establishes a general framework for the identification , evaluation and correction of unsafe or unhealthy work conditions and practices , communication with employees and employee safety and health training .