Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silica Business Meeting : December 14 , 2023 Page 29 of 36
Spanish . This change is necessary to communicate the health risks of RCS exposure and make sure it is communicated adequately to employees .
• New subsection ( k )( 4 )( A )( 2 ) would require the employer to ensure that each employee can demonstrate understanding of the symptoms of exposure to RCS , including cough , difficult breathing and others . This is necessary to ensure that employees are alerted as early as possible to symptoms that could indicate silicosis , which allows employees to take actions to reduce exposures and seek medical attention . These actions could save an employee from permanent disability or death .
• Renumbered subsections ( k )( 4 )( A ) 3 . and 4 . would require the employer to ensure that each employee can demonstrate understanding that high-exposure trigger tasks could result in exposure to RCS , and that the employer has implemented protections to prevent employee exposure to RCS during high-exposure trigger tasks . These provisions are necessary to ensure that employees are aware of the risks associated with highexposure trigger tasks and the reasons behind workplace controls to prevent exposures .
• Subsection ( k )( 4 )( A ) 5 . would require that employees be trained in the use and implementation of engineering controls , work practices and respiratory protection . The effect of this addition is to ensure that employees understand the hazards of RCS and take steps to prevent exposure .
• Renumbered subsection ( k )( 4 )( A ) 7 . refers to renumbered subsection ( j ) in place of ( i ).
• Subsection ( k )( 4 )( A ) 8 . would require that employees be trained to understand the increased risk of death that results from the combined effects of smoking and silica exposure . The effect of this addition is to ensure that employees understand the added benefits to their health of avoiding smoking , particularly with respect to dying from occupational silicosis .
• Subsection ( k )( 4 )( A ) 9 . would require that employees be trained to understand that tuberculosis can become active as a result of silica exposure . The effect of this addition is to ensure that employees understand that an activation of tuberculosis could be related to occupational exposure to silica .
• New subsection ( k )( 4 )( C ) would require employers to encourage employees to report symptoms related to RCS exposure , without fear of reprisal , and it prohibits employers from taking any adverse action against an employee who reports symptoms or who suffers from a silica-related illness . The effect of this addition is to encourage reporting , which will ensure that employers are aware as early as possible that one or more employees may be developing silicosis . This will allow the employer to take action to improve protections for employees by ensuring the effectiveness of exposure controls .