Finding of Emergency Section 5204 , Occupational Exposures to Respirable Crystalline Silica Business Meeting : December 14 , 2023 Page 30 of 36
New subsection ( l ) Reporting of silicosis .
• New subsection ( l ) titled “ Reporting of silicosis ” would require the employer to report certain information listed within subsections ( l )( 1 )( A ) through ( l )( 1 )( K ) to the CDPH and to Cal / OSHA within 24 hours of receiving notification of a confirmed silicosis or lung cancer case related to silica exposure . This provision allows CDPH and Cal / OSHA to take early action to prevent further cases and to track the incidence and prevalence of cases statewide .
• New subsection ( l )( 2 ) would require PLHCPs and specialists to report confirmed cases of silicosis to Cal / OSHA with certain information listed within subsections ( l )( 2 )( A ) through ( l )( 2 )( F ). This provision provides a second vehicle that allows Cal / OSHA to take early action to prevent further cases and to track the incidence and prevalence of cases statewide .
Renumbering of subsection ( k ) to ( m ) Recordkeeping .
• Renumbered subsection ( m )( 3 )( A ) refers to renumbered subsection ( j ) in place of ( i ).
Deletion of former subsection ( l ) Dates .
• Former subsection ( l ) would be deleted as all the implementation dates listed have passed and the subsection has no effect .
Policy Statement and Anticipated Benefits
The Board is proposing these emergency regulations to title 8 , section 5204 , Occupational Exposures to Respirable Crystalline Silica , to preserve worker health and safety and , in response to an epidemic of silicosis in the stone fabrication industry , to strengthen the obligations of employers to protect employees from exposure to RCS .
These emergency regulations are also proposed in response to the Board ’ s decision to partially grant Petition 597 , to protect employees in California ’ s stone industry from exposure to RCS . 58
The existing title 8 , subsection 5204 , is not properly calibrated to the small shops and hazardous conditions that are characteristic of the artificial stone fabrication industry . Section 5204 requires complex and highly variable exposure assessments as the entry point for further actions by employers to protect employees from RCS exposure . Not surprisingly , Cal / OSHA has found widespread non-compliance among employers in the artificial stone fabrication industry . As a result , the existing regulation is not sufficiently protective of employees , given the
58
See Petition File No . 597 Amended Adopted Decision ( ca . gov ). https :// www . dir . ca . gov / oshsb / documents / petition-597-amended-adopteddecision . pdf .