Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silica Business Meeting : December 14 , 2023 Page 3 of 36
chronic renal disease , lung cancer , pulmonary tuberculosis , and chronic obstructive pulmonary disease ( COPD ). 1
The objective of the proposed emergency regulation is to reduce occupational RCS exposure and silicosis occupational disease cases by responding as efficiently as possible to an epidemic of silicosis that has emerged among workers in the artificial stone fabrication industry . To date , all of the affected workers have been exposed occupationally to RCS while fabricating countertops from artificial stone . Many of these workers have since died of their disease . Relative to the typical experience with silicosis , these workers ’ cases of silicosis have been particularly aggressive , characterized by rapid disease progression , accelerated decline in lung function , and high mortality , typically at a young age . 2
The proposed emergency regulation will require employers in the artificial stone fabrication industry to implement safeguards that will prevent RCS exposures among their employees . The proposal will also apply to other industries where workers cut , grind or polish natural stone materials with a silica content of 10 % or greater .
Government Code ( GC ) section 11346.1 requires a finding of emergency to include a written statement with the information required by paragraphs ( 2 ), ( 3 ), ( 4 ), ( 5 ) and ( 6 ) of subdivision ( a ) of GC section 11346.5 and a description of the specific facts demonstrating the existence of an emergency and showing the need for immediate action .
GC section 11346.1 ( a )( 2 ) requires that , at least five working days prior to submission of the proposed emergency action to the Office of Administrative Law ( OAL ), the adopting agency provide a notice of the proposed emergency action to every person who has filed a request for notice of regulatory action with the agency . After submission of the proposed emergency regulation to OAL , OAL shall allow interested persons five calendar days to submit comments on the proposed emergency regulations as set forth in GC section 11349.6 ( b ), unless the emergency situation clearly poses such an immediate serious harm that delaying action to allow public comment would be inconsistent with the public interest .
1
National Institute for Occupational Safety and Health ( NIOSH ) ( 2002 ). Health effects of occupational exposure to respirable crystalline silica ( publication no . 2002 – 129 ); 2002 . https :// www . cdc . gov / niosh / docs / 2002- 129 / default . html . Accessed April 26 , 2023 .
2
Fazio J , et al . Silicosis Among Immigrant Engineered Stone ( Quartz ) Countertop Fabrication Workers in California . JAMA Internal Medicine . 183 ( 9 ): 991-998 . Published online July 24 , 2023 . https :// jamanetwork . com / journals / jamainternalmedicine / article-abstract / 2807615 . Accessed August 16 , 2023 .