Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silic a Business Meeting : December 14 , 2023 Page 27 of 36
New subsection ( g ) Imminent Hazards .
• The proposed emergency regulation would add a new subsection ( g ) titled “ Imminent Hazards ” that lists specific activities associated with high-exposure trigger tasks . If observed by a Cal / OSHA Compliance Safety and Health Officer ( CSHO ), these activities would trigger either a mandatory Order Prohibiting Use ( OPU ), in the case of a violation of subsection ( f )( 2 )( A ) regarding wet methods , or an optional OPU , in the case of violations of subsection ( f )( 2 )( D ), Prohibitions ; and subsection ( h ), Respiratory Protection . The optional OPU list also includes violations of subsection ( l ) Reporting of silicosis and the Carcinogen Reporting requirements of section 5203 .
• This provision is necessary because the dust generated by working with artificial stone and certain natural stones is uniquely hazardous ; as such , it is essential that Cal / OSHA be able to take immediate action when a violation is observed that is causing employee exposure to RCS . The OPU allows Cal / OSHA to take immediate steps to stop a hazardous process or close the facility itself until the hazardous condition is abated , without having to conduct air sampling for RCS , which is time and resource-intensive and can be manipulated by employers in order to artificially reduce the exposure findings .
Amended subsection ( h ) Respiratory protection .
• Existing subsection ( g ) would be renumbered to ( h ).
• Numbering has been modified for consistency with current formatting .
• The proposed emergency regulation would amend subsection ( h ) with several new provisions .
• New subsection ( h )( 2 ) would establish that high-exposure trigger tasks must follow requirements in new subsection ( h )( 3 ) in lieu of following the less protective requirement in existing subsection ( h )( 1 ). The existing subsection contains a feasibility exception that weakens the respiratory protection elements of section 5204 and severely limits its effectiveness in protecting employees from RCS .
• New subsection ( h )( 3 ) would require employers to provide respiratory protection to employees who perform high-exposure trigger tasks or other work in regulated areas where high-exposure trigger tasks occur .
• New subsection ( h )( 3 )( A ) requires that employers provide a full face , tight-fitting powered-air purifying respirator ( PAPR ) or a respirator providing equal or greater protection equipped with a HEPA , N100 , R100 , or P100 filter . For artificial stone only , an organic vapor ( OV ) cartridge is also required . There is an exception to providing OV cartridges if the employer demonstrates that OV exposure levels are below the permissible exposure limit established in existing title 8 section 5155 . A second exception allows for the use of a loose-fitting PAPR , a full facepiece air-purifying respirator , or another respirator providing equal or greater protection where the