California’s Occupational Safety and Health Standards Board approved an emergency temporary standard in an effort to protect workers in the stone fabrication industry from the deadly effects of silica dust.
Cal/OSHA has been considering a rule to address the hazard since June 2023 when a study showed how big the problem had become and how manufacturers weren’t complying with related standards.
At the time, the study identified 77 workers with silicosis contracted specifically from working with the artificial stone used to make quartz countertops. At least ten of those workers died while others needed lung transplants after being exposed to high levels of silica dust, according to a National Public Radio report covering the results of the study.
A Dec. 14, 2023 news release heralding the new emergency standard stated that the California Department of Public Health (CDPH) has identified a total of 95 cases of workers developing silicosis since 2019 and confirms that 10 of those workers have died from the disease.
Emergency rule covers ‘high-exposure tasks’
The emergency standard, which will go into effect on Dec. 29, 2023, covers workers “engaged in high-exposure tasks such as cutting, grinding, polishing and cleanup of artificial stone containing more than 0.1% crystalline silica and natural stone containing more than 10% crystalline silica.”
Under the emergency standard, employers are required to:
- use wet methods without exception
- ensure proper handling of all waste materials
- monitor air to confirm respirable crystalline silica levels are below the action level
- ensure that employees don’t use compressed air, dry sweep or move through dust with or without equipment
- rotate employees to reduce exposure
- have employees use full-face, tight-fitting, powered air-purifying respirators, or an equally protective alternative
- have employees use organic vapor cartridges for artificial stonework, with certain exceptions
- provide supplied air respirators under certain conditions
- employ safe clean-up methods without exception
- ensure training and information is appropriate for the language and literacy of all employees
- include text related to permanent lung damage and death in English and Spanish on signs posted at regulated areas
- train employees regarding the symptoms of respirable crystalline silica exposure and how to prevent exposure
- encourage reporting of the symptoms of exposure without fear of retaliation
- conduct exposure monitoring at least every 12 months
- conduct high-exposure trigger tasks in clearly designated areas with signage regarding the silica hazard
- report employees with confirmed silicosis or lung cancer to Cal/OSHA and CDPH, and
- ensure that healthcare providers contracted by the employer to evaluate employees report confirmed silicosis cases to Cal/OSHA.
If a Cal/OSHA inspector observes dry operations then an Order Prohibiting Use (OPU) must be issued to the employer. An OPU could also be issued “when violations are found related to prohibited activities, respiratory protection, reporting of silicosis and carcinogen reporting.”
More information about the emergency temporary standard can be found here.
