Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silica Business Meeting : December 14 , 2023 Page 21 of 36 using “ objective data ” or their own exposure assessments to claim that “ high-exposure trigger tasks ,” as defined , do not expose employees to RCS above the AL or PEL .
Subsection ( b ) Definitions .
• Numbering and quotes around defined terms have been added to all definitions for consistency with current formatting .
• New subsection ( b )( 2 ), definition for “ artificial stone .” o This new definition is necessary to clarify the meaning of the term “ artificial stone ,” for which the proposed amendments to section 5204 apply .
• Revised subsection ( b )( 3 ), definition for “ chief .” o This change is necessary to clarify that the term “ Division ,” as used throughout the proposed emergency regulation , refers to the Division of Occupational Safety and Health .
• New subsection ( b )( 4 ), definition for “ confirmed silicosis .” o This new definition states that a confirmed case of silicosis is established by meeting any one of the following three criteria : ( A ) a written diagnosis by a licensed physician , with specific clinical findings ; ( B ) a death certificate listing silicosis or pneumoconiosis as an underlying or contributing cause of death ; or ( C ) exposure to airborne RCS , accompanied by a chest radiograph or lung histopathology , with certain clinical findings . o The effect of this proposed addition is to clarify the meaning of “ confirmed silicosis ” as used in the proposed amendments to section 5204 .
• New subsection ( b )( 6 ), definition for “ effective ,” “ effectively ,” and “ effectiveness .” o The new definition is necessary to clarify the meaning of “ effective ” and its various tenses as used in the proposed amendments to section 5204 .
• New subsection ( b )( 9 ), definition for “ high-exposure trigger tasks .” o High-exposure trigger tasks are those in which employees work with artificial stone that contains more than 0.1 % silica , or with natural stone that contains more than 10 % silica . The effect of this proposed addition is to establish that these tasks present unique health risks to employees and therefore require specific workplace protections described throughout the proposed changes , irrespective of monitoring data obtained by the employer , or “ objective data ” claimed by the employer , or feasibility considerations , all of which give employers the ability to avoid implementing certain workplace protections under the existing language of section 5204 . o An exception is made for geologic field research , where employees might handle natural stone that contains more than 10 % silica for less than 30 days in a 12- montyh period . This exception is necessary because employees working in