Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silica Business Meeting : December 14 , 2023 Page 2 of 36
• About 4,040 workers are employed in California ’ s stone fabrication shops . Based on a silicosis prevalence rate of 12 % to 21 % and a fatality rate of 19 %, Cal / OSHA estimates that between 500 and 850 cases of silicosis will occur among these workers , and between 90 and 160 will likely die of silicosis .
• Cal / OSHA ’ s existing silica standard , California Code of Regulations ( CCR ) title 8 , section 5204 , was promulgated based on the experience of silicosis in traditional industries such as mining , quarrying and sandblasting ; it is not well calibrated to the small businesses and working conditions of the stone fabrication industry . In 2019 , Cal / OSHA found that 72 % of shops in this industry were out of compliance with section 5204 .
• Section 5204 also contains three key loopholes that allow employers to easily exempt themselves from the requirements of the regulation and put workers in grave danger .
• In light of these factors , an ETS is needed that will require far safer conditions for workers who handle both artificial stone ( containing > 0.1 % silica ) and natural stone ( containing > 10 % silica ). An ETS is needed that will be clearer for employers to implement and more efficient for Cal / OSHA to enforce .
• The proposed ETS meets these objectives with new requirements pertaining to engineering controls , safe work practices , respiratory protection , signage , housekeeping , training and reporting .
• The proposed ETS also provides a means for Cal / OSHA to quickly identify RCS hazards and efficiently stop certain operations in a shop , or shut-down the shop itself , pending abatement of those hazards .
• With these immediate improvements , the proposed ETS is expected to substantially reduce the number of silicosis cases and deaths in California .
• Over 10 years , the expected costs of the proposed ETS to businesses are $ 66 million ; benefits over the same period are estimated at $ 603 million , not including indirect costs associated with lost wages and benefits , lost lifetime productivity , and pain and suffering .
BACKGROUND
Silicosis is an incurable , progressive lung disease that can , and usually does , lead to pulmonary fibrosis , respiratory failure , and eventually death . Its primary cause is occupational exposure to RCS . RCS exposure is also associated with other diseases , including autoimmune disorders ,