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Cal/OSHA Emergency Temporary Standard for Respirable Crystalline Silica

Courtney Hansen, Associate at NV5

On December 14, 2023, the California Occupational Safety & Health Standards Board convened and endorsed an Emergency Temporary Standard (ETS) addressing Respirable Crystalline Silica for General Industry (8 CCR 5204). The ETS specifically impacts “high-exposure trigger tasks,” encompassing workers involved in activities such as cutting, grinding, polishing, cleanup, and other tasks related to artificial and/or natural stone with over 10% crystalline silica content. The ETS does not affect the construction industry, which is regulated under 8 CCR 1532.3. The ETS went into effect on December 29, 2023, and will be in force until December 2024, with plans to finalize and implement a permanent regulation following its expiration.

This emergency standard introduces updates to requirements for exposure assessments, signage, mitigation methods, material handling, and recordkeeping. Additionally, it incorporates a new section outlining the issuance of Order Prohibiting Use (OPU) from Cal/OSHA for dry operations and other prohibited activities, addressing respiratory protection and reporting. NV5 stands ready to assist clients in implementing these new Emergency Temporary Standards.

Here are the major changes implemented through the ETS:

  • All high-exposure trigger tasks must undergo exposure monitoring every 12 months to ensure compliance with the Permissible Exposure Level (PEL) of 50 µg/m³. The use of objective data to determine exposure levels is not permitted.
  • Engineering and work practice controls, such as wet methods or HEPA vacuums, are now mandatory. Feasibility exceptions for high-exposure trigger tasks have been removed.
  • Employees performing trigger tasks or working in areas where these tasks are conducted are required to wear a full-face, tight-fitting powered-air purifying respirator (PAPR) or equivalent protection. Exceptions are allowed if the employer can demonstrate that exposure levels are below the PEL.
  • The written exposure plan must include air monitoring records, procedures for donning and doffing personal protective equipment (PPE), documentation of proper reporting to Cal/OSHA per 8 CCR 5204 (Carcinogen Report of Use Requirements), and training procedures.
  • Any confirmed cases of silicosis or cancer must be reported to Cal/OSHA and the California Department of Health within 24 hours.

Kindly note that this list is a summary and not comprehensive. For a comprehensive understanding of changes, please refer directly to the Cal/OSHA website linked here .

NV5 is prepared to support you and your business with implementation of these new Emergency Temporary Standards.  We are here to help you navigate these changes effectively and guarantee compliance, contact us at 562.495.5777 or reach out to Courtney Hansen, Associate at NV5, via email at Courtney.Hansen@NV5.com.

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