Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silica Business Meeting : December 14 , 2023 Page 28 of 36 employer demonstrates that employee exposures to RCS are continuously maintained below the AL through representative air sampling conducted at least once every six months in accordance with subsection ( d )( 3 )( A ). This exception does not apply if the PLHCP or specialist recommends use of a full face , tight-fitting PAPR , or another , more protective respirator .
• This is necessary because engineering controls , even when properly implemented , are not always effective at protecting employees from exposure to RCS . The OV cartridge is necessary because emissions generated by artificial stone include RCS as well as high concentrations of hazardous VOCs , including phthalic anhydride , styrene , benzene , ethylbenzene , and toluene . Phthalic anhydride and styrene are respiratory irritants .
• New subsection ( h )( 3 )( B ) would require employers to provide a supplied-air respirator to employees who have been diagnosed with silicosis or suspected silicosis , or as recommended by the PLHCP or specialist . The subsection would require the employer to locate the air source supplying this respirator in an area that is free of RCS and other airborne contaminants . The effect of this addition is to ensure maximum protection for workers who are likely already on the path to silicosis .
Amended and renumbered subsection ( i ) Housekeeping .
• Existing subsection ( h ) would be renumbered to ( i ).
• New subsection ( i )( 3 ) would negate the feasibility exceptions in the existing 5204 that prohibit dry sweeping / brushing and use of compressed air for high-exposure trigger tasks covered by subsection ( f )( 2 ).
• This is necessary because the feasibility exceptions diminish employee protections and severely limit the effectiveness of the regulation in protecting workers from RCS .
Subsection ( k ) ( formerly subsection ( j )) Communication of respirable crystalline silica hazards to employees .
• Numbering has been modified for consistency with current formatting .
• New subsection ( k )( 1 ) would require that training and communications materials be provided in a language and at a literacy level appropriate for the employees . This is necessary to ensure that information on the risks of silicosis are effectively communicated to employees .
• Renumbered subsection ( k )( 2 ) refers to renumbered subsection ( k )( 4 ) in place of ( j )( 3 ).
• Renumbered subsection ( k )( 3 ) would amend the text of signage that the employer is required to post at entrances to “ regulated areas .” The text removes the phrase “ Causes damage to lungs ,” due to the addition of a more detailed phrase , “ Causes permanent lung damage that may lead to death ,” which would be required in both English and