Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silica Business Meeting : December 14 , 2023 Page 19 of 36
Existing law , title 8 , section 5140 , Definitions , states that a “ harmful exposure ” is an “ exposure to dusts , fumes , mists , vapors , or gases ” which is either “( a ) In excess of any permissible limit prescribed by section 5155 ; or ( b ) of such a nature by inhalation as to result in , or have a probability to result in , injury , illness , disease , impairment , or loss of function .” The PEL for respirable crystalline silica is 50 µ g / m 3 .
Existing law , title 8 , section 5141 , Control of Harmful Exposure to Employees , lists the hierarch y of controls that employers shall follow to address employee exposure to harmful air contaminants . Employers shall first rely on engineering controls whenever feasible , but if engineering controls are not feasible or do not achieve full compliance , administrative controls shall be implemented “ if practicable .” When engineering and administrative controls fail to achieve full compliance , then respiratory protective equipment shall be used .
Existing law , title 8 , section 5144 , Respiratory Protection , requires respirators to be used to protect the health of employees when effective engineering controls to prevent harmful atmospheres are not feasible .
Existing law , title 8 , section 3362 , General Requirements ( specific to Sanitation ), requires that workplaces be kept in a clean and sanitary condition . It also requires that buildings be cleaned and maintained to prevent harmful exposures ( defined in section 5140 – see above ).
Existing law , title 8 , section 3366 , Washing Facilities , requires that washing facilities be reasonably accessible to all employees .
Federal Regulations and Statutes
The federal Occupational Safety and Health Administration ( OSHA ) regulations specific to silica are identical to their counterpart in the California Code of Regulations , title 8 , as listed below . The title 8 regulations were adopted pursuant to LC section 142.3 ( a )( 3 ), which applies to title 8 regulations that are identical to the corresponding federal regulation , except for changes in formatting .
Industry
Construction
General Industry
Title 29 Code of Federal Regulations Section
1926.1153 - Respirable crystalline silica . 1910.1053 - Respirable crystalline silica .
Title 8 California Code of Regulations Section
1532.3 . Occupational Exposures to Respirable Crystalline Silica . 5204 . Occupational Exposures to Respirable Crystalline Silica .