Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silica Business Meeting : December 14 , 2023 Page 24 of 36 work practices and materials , so more frequent monitoring helps improve the reliability of the results .
Subsection ( e ) Regulated areas .
• The proposed emergency regulation would add a new sentence at subsection ( e )( 1 ) that requires all high-exposure trigger tasks to be conducted in a “ regulated area ,” regardless of the employer ’ s measured exposure levels or objective data . The existing regulation requires the employer to establish “ regulated areas ” whenever an employee ’ s exposure to RCS is likely to exceed the PEL ; therefore , under the existing regulation , the use of regulated areas is subject to the findings of the employer ’ s exposure assessments , which are highly variable , difficult to perform properly , and easily manipulated . The effect of this addition is to ensure that all high-exposure trigger tasks will be conducted inside a “ regulated area ,” regardless of the employer ’ s exposure monitoring findings . This approach assumes that high-exposure trigger tasks will produce RCS exposure levels over the PEL and should therefore always be performed in the facility ’ s “ regulated area ,” as defined .
• At subsection ( e )( 2 )( B ), the proposal changes “ subsection ( j )( 2 )” to “ subsection ( k )( 2 )” because a new subsection ( g ), Imminent Hazards , has been added , which requires renumbering .
• At subsection ( e )( 4 ), the proposal changes “ subsection ( g )” to “ subsection ( h )” because a new subsection ( g ), Imminent Hazards , has been added , which requires renumbering .
Subsection ( f ) Methods of compliance .
• Numbering has been modified for consistency with current formatting .
• The proposed emergency regulation would add several new provisions in lieu of existing subsection ( f )( 1 ) and instead require that certain tasks be performed with specific protections , as established by this subsection . The proposal does this by adding the following sentence : “ Subsection ( f )( 1 ) does not apply to high-exposure trigger tasks , which are covered by subsection ( f )( 2 ).”
• The existing subsection ( f )( 1 ) allows the employer to avoid using “ engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL ” if the employer can demonstrate that “ such controls are not feasible .” This feasibility exception weakens existing section 5204 in its entirety , and it limits its effectiveness in protecting workers from RCS .
• At subsection ( f )( 1 ), the proposal changes “ subsection ( g )” to “ subsection ( h )” because a new subsection ( g ), Imminent Hazards , has been added , which requires renumbering .
• The proposed emergency regulation would add a new subsection ( f )( 2 ) requiring specific “ engineering controls and work practices for all high-exposure trigger tasks , regardless