Q: How will this impact fabricators in California?
A: On December 14, 2023, Cal/OSHA standard 5204 was amended with an emergency temporary standard (ETS) for respirable crystalline silica (RCS). This ETS primarily affects employees working in countertop fabrication facilities throughout California. It includes revisions to protect workers engaged in high-exposure trigger tasks (cutting, grinding, polishing, clean up, etc.) involving artificial stone containing more than 0.1% crystalline silica, and natural stone containing more than 10% crystalline silica. The ETS goes into effect on December 29, 2023 and is expected to remain enforceable through 2024.
Q: What do I need to do to comply with the ETS?
A: This ETS has additional requirements that supersede the current RCS standards under Section 5204. Some of the additional requirements include:
More details are available in this Cal/OSHA Guidance bulletin for employers:
https://www.dir.ca.gov/dosh/dosh_publications/emergency-silica-reg-employer-info.pdf
Q: How is the ETS different from the current standard?
A: In our opinion, the biggest change in the ETS vs. the current silica standard is the focus on task-based risk assessment instead of exposure-based assessment. Whenever employees are performing high-exposure trigger tasks on materials that contain crystalline silica, a health hazard is presumed and enforceable under the ETS. Previous standards required Cal/OSHA enforcement to perform lengthy (8-hour) exposure monitoring to determine if a hazard is present. Additionally, the ETS requires additional steps for compliance and employee safety even when exposure monitoring data shows exposures below federal PEL or Action Levels.
Q: What are the major adjustments in my operations that will incur additional expense?
A: Adjustments for employers may include changes in production operations to require effective wet methods (dry processed are prohibited), additional PPE (respirators) for all impacted employees, updated signage, ongoing regular exposure monitoring, additional training of employees, and reporting of silicosis.
Q: Which respirator protection is needed?
A: Respirators are now required for all employees performing or in the proximity of high-exposure trigger tasks (cutting, grinding, polishing, clean up, etc.). Mandatory use of respirators will also require compliance with respiratory protection program under standard 5144 which also requires medical suitability evaluation, fit testing, additional training, and use and care requirements. A full-face, tight-fitting, powered air-purifying respirator (PAPR) or a respirator equipped with a HEPA, N100, R100, or P100 filter must be provided for mandatory employee use. Combination organic vapor cartridges will be required for working with artificial stone. Loose-fitting PAPR, non-powered full-face air-purifying respirator, or an equally protective alternative, such as half-face PAPR, may be permitted if an employer demonstrates exposures are below the action level through air monitoring every six months.
Q: What is the Imminent Hazard section of the ETS?
A: The “Imminent Hazard” section is new language that will allow Cal/OSHA enforcement officials to issue an Order Prohibiting Use (OPU) immediately when dry operations are observed. Enforcement may also issue an OPU when other related violations are apparent. This should strengthen the ability of Cal/OSHA enforcement to act quickly whenever silica exposure hazards are visibly present without adequate engineering controls and PPE use in place. In short, if enforcement staff sees visible dust being generated or improper respirator use, etc., they can take immediate action to stop work and the risk to employees.
Q: How does this impact the industry?
A: California has taken these drastic and unprecedented steps to attempt, in their eyes, to make workplaces safer for employees that work with products containing silica. California-based companies will need to take immediate steps to ensure compliance with the ETS. Health officials and safety regulators in other states and territories will be watching closely to determine the effectiveness of the ETS in California and could adopt similar measures if they believe it will increase worker safety.
Q: Should I consider utilizing the OSHA voluntary consultation program?
A: Yes. Voluntary safety consultation services are available to employers in all U.S. states and territories, is free of charge, is confidential and separate from OSHA enforcement, will not result in fines or penalties, and can provide additional assistance and resources for compliance with current OSHA standards. In California, contact the Cal/OSHA Consultation Services Branch. In other states and territories, visit https://www.osha.gov/consultation to find your local consultation office.
Q: What should I do if my facility is NOT in California?
A: Continue to monitor the activity on silica safety in California, in your state, and worldwide. Check the Natural Stone Institute Silica Safety Page for updates and additional information. Take steps to make sure that your company is compliant with federal or state OSHA standards. This includes taking steps to:
Q: What steps are being taken to influence next steps being taken by other states?
A: At the trade association level, NSI and ISFA will be working collaboratively to:
