§ 5204. Occupational Exposures to Respirable Crystalline Silica.
8 CA ADC § 5204Barclays Official California Code of RegulationsEffective: June 27, 2024
Effective: June 27, 2024
8 CCR § 5204
§ 5204. Occupational Exposures to Respirable Crystalline Silica.
Exception: Subsection (a)(2) does not apply to high-exposure trigger tasks, as defined in subsection (b).
(9) “High-Exposure Trigger Task” means machining, crushing, cutting, drilling, abrading, abrasive blasting, grinding, chiseling, carving, gouging, polishing, buffing, fracturing, intentional breaking, or intentional chipping of artificial stone that contains more than 0.1 percent by weight crystalline silica, or natural stone that contains more than 10 percent by weight crystalline silica. High-exposure trigger tasks also includes clean up, disturbing, or handling of wastes, dusts, residues, debris, or other materials created during the above-listed tasks. The following exceptions do not apply to any substance, item, or product containing artificial stone as defined in subsection (b)(2).
Exception 1: Geologic field research is not considered a high-exposure trigger task when employees work in the field with natural stone for less than 30 days in a 12-month period and use respiratory protection in accordance with Section 5144 during such work.
Exception 2: Outdoor work at quarries or open pit mines is not considered a high-exposure trigger task where the employer demonstrates that employee exposures, as defined in subsection (b)(7), are below the permissible exposure limit for respirable crystalline silica.
Exception 3: Fabrication or finishing of natural stone tombstones, monuments, memorials, burial vaults, sculptures, or related items is not considered a high-exposure trigger task where the employer demonstrates that employee exposures, as defined in subsection (b)(7), are below the permissible exposure limit for respirable crystalline silica.
(10) “Objective Data” means information, such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating employee exposure to respirable crystalline silica associated with a particular product or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
(11) “Physician or Other Licensed Health Care Professional (PLHCP)” means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows them to independently provide or be delegated the responsibility to provide some or all of the particular health care services required by subsection (j).
(13) “Respirable Crystalline Silica” means quartz, cristobalite, and/or tridymite contained in airborne particles that are determined to be respirable by a sampling device designed to meet the characteristics for respirable-particle-size-selective samplers specified in the International Organization for Standardization (ISO) 7708:1995: Air Quality -- Particle Size Fraction Definitions for Health-Related Sampling.
(A) Applying a constant, continuous, and appropriate volume of running water directly onto the surface of the work object. When water flow is integrated with a tool, machine, or equipment, water flow rates shall equal or exceed manufacturer recommendations and specifications to ensure effective dust suppression.
(1) General. The employer shall assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option in subsection (d)(2) or the scheduled monitoring option in subsection (d)(3). Regardless of exposures or expected exposures, all high-exposure trigger tasks shall be assessed by scheduled monitoring in accordance with subsection (d)(3).
(2) Performance option. The employer shall assess the 8-hour TWA exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica. Subsection (d)(2) does not apply to high-exposure trigger tasks; these tasks shall be assessed by scheduled monitoring in accordance with subsection (d)(3).
(A) The employer shall perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, in each work area. Where several employees perform the same tasks on the same shift, on the same material and in the same work area, the employer may sample a representative fraction of these employees in order to meet this requirement. In representative sampling, the employer shall sample the employee(s) who are expected to have the highest exposure to respirable crystalline silica.
(B) If initial monitoring indicates that employee exposures are below the action level, the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring. However, monitoring shall not be discontinued for high-exposure trigger tasks, which shall be monitored at least every 12 months or more frequently as required in this section.
(E) Where the most recent (non-initial) exposure monitoring indicates that employee exposures are below the action level, the employer shall repeat such monitoring within six months of the most recent monitoring until two consecutive measurements, taken 7 or more days apart, are below the action level, at which time the employer may discontinue monitoring for those employees whose exposures are represented by such monitoring, except as otherwise provided in subsection (d)(4). However, monitoring shall not be discontinued for high-exposure trigger tasks, which shall be monitored at least every 12 months or more frequently as required in this section.
(4) Reassessment of exposures. The employer shall reassess exposures whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional exposures at or above the action level, or when the employer has any reason to believe that new or additional exposures at or above the action level have occurred.
(B) When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required for any workplace hazard, the employer shall provide the observer with protective clothing and equipment at no cost and shall ensure that the observer uses such clothing and equipment.
(1) Establishment. The employer shall establish a regulated area wherever an employee's exposure to airborne concentrations of respirable crystalline silica is, or can reasonably be expected to be, in excess of the PEL. All high-exposure trigger tasks shall be conducted within a regulated area regardless of employee exposures, exposure assessments, or other objective data.
(4) Provision of respirators. The employer shall provide each employee and the employee's designated representative entering a regulated area with an appropriate respirator in accordance with subsection (h) and shall require each employee and the employee's designated representative to use the respirator while in a regulated area.
(1) Engineering and work practice controls. The employer shall use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless the employer can demonstrate that such controls are not feasible. Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, the employer shall nonetheless use them to reduce employee exposure to the lowest feasible level and shall supplement them with the use of respiratory protection that complies with the requirements of subsection (h). Subsection (f)(1) does not apply to high-exposure trigger tasks; these tasks are covered by subsection (f)(2).
1. Wastes, dusts, residues, debris, or other materials that are generated from high-exposure trigger tasks or that otherwise contain or are contaminated with respirable crystalline silica shall be promptly and properly cleaned up and placed into leak-tight containers, bags, or equivalent. At a minimum, all such wastes, dusts, residues, debris, or other materials shall be cleaned up at the end of each shift or more frequently as needed to ensure there is no visible dust build-up in the workplace.
(4) Abrasive blasting. In addition to the requirements of subsection (f)(1), the employer shall comply with other Title 8 standards, when applicable, such as Section 5143 (General Requirements of Mechanical Ventilation Systems) and Section 5151 (Ventilation and Personal Protective Equipment Requirements for Abrasive Blasting Operations), where abrasive blasting is conducted using crystalline silica-containing blasting agents, or where abrasive blasting is conducted on substrates that contain crystalline silica.
Exception: The employer may provide employees with a loose-fitting PAPR (APF of 25), a full facepiece air-purifying respirator (APF of 50), a half-face PAPR (APF of 50), or another respirator providing equal or greater protection where the employer demonstrates that employee exposures to respirable crystalline silica are continuously maintained below the action level through representative air sampling conducted at least once every six months in accordance with subsection (d)(3)(A). This exception does not apply if the PLHCP or specialist recommends use of a full face, tight-fitting PAPR, or other more protective respirator.
(B) A full face, tight-fitting supplied-air respirator in pressure-demand or other positive pressure mode for any employees known to the employer to be diagnosed with confirmed silicosis, or who meet the definition of suspected silicosis, or whenever the PLHCP or specialist recommends use of a supplied-air respirator. The air source for the supplied-air respirator shall be located outside the regulated area and in an area that is free of respirable crystalline silica and other airborne contaminants.
(2) Initial examination. The employer shall make available an initial (baseline) medical examination within 30 days after initial assignment, unless the employee has received a medical examination that meets the requirements of this section within the last three years. The examination shall consist of:
(A) A medical and work history, with emphasis on: Past, present, and anticipated exposure to respirable crystalline silica, dust, and other agents affecting the respiratory system; any history of respiratory system dysfunction, including signs and symptoms of respiratory disease (e.g., shortness of breath, cough, wheezing); history of tuberculosis; and smoking status and history;
(C) A chest X-ray (a single posteroanterior radiographic projection or radiograph of the chest at full inspiration recorded on either film (no less than 14 x 17 inches and no more than 16 x 17 inches) or digital radiography systems), interpreted and classified according to the International Labour Office (ILO) International Classification of Radiographs of Pneumoconioses by a NIOSH-certified B Reader;
(5) PLHCP's written medical report for the employee. The employer shall ensure that the PLHCP explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of each medical examination performed. The written report shall contain:
(A) A statement indicating the results of the medical examination, including any medical condition(s) that would place the employee at increased risk of material impairment to health from exposure to respirable crystalline silica and any medical conditions that require further evaluation or treatment;
(C) The employer shall ensure that the specialist explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of the examination. The written report shall meet the requirements of subsection (j)(5) (except subsection (j)(5)(D)).
(2) Hazard communication. The employer shall include respirable crystalline silica in the program established to comply with the hazard communication standard (HCS) (Section 5194). The employer shall ensure that each employee has access to labels on containers of crystalline silica and safety data sheets, and is trained in accordance with the provisions of HCS and subsection (k)(4). The employer shall ensure that at least the following hazards are addressed: Cancer, lung effects, immune system effects, and kidney effects.
DANGER
RESPIRABLE CRYSTALLINE SILICA
CAUSES PERMANENT LUNG DAMAGE THAT MAY LEAD TO DEATH
MAY CAUSE CANCER
WEAR RESPIRATORY PROTECTION IN THIS AREA
AUTHORIZED PERSONNEL ONLY
PELIGRO
SÍLICE CRISTALINA RESPIRABLE
PROVOCA DAÑO PERMANENTE A LOS PULMONES QUE PODRIA CAUSAR LA MUERTE
PUEDE PROVOCAR CÁNCER
USAR PROTECCIÓN RESPIRATORIA EN ESTA ÁREA
SOLO PERSONAL AUTORIZADO
(C) The employer shall encourage employees to report any symptoms related to exposure to respirable crystalline silica without fear of reprisal. Employers are prohibited from taking or threatening to take any adverse action against employees who report symptoms or who suffer from a silica-related illness.
(1) Within 24 hours of receiving information regarding a confirmed silicosis case or lung cancer related to respirable crystalline silica exposure, the employer shall report the following information to the California Department of Public Health (CDPH) and to the Division by phone or a specified online mechanism established by these agencies:
Credits
Note: Authority cited: Sections 142.3, 144.6, 9020, 9030 and 9040, Labor Code. Reference: Sections 142.3, 144.6, 9004(d), 9009, 9020, 9030, 9031 and 9040, Labor Code.
History
1. New section filed 10-17-2016; operative 10-17-2016 pursuant to Labor Code section 142.3. Submitted to OAL for filing and printing only pursuant to Labor Code section 142.3(a)(3) (Register 2016, No. 43). For prior history, see Register 87, No. 51.
2. Amendment of section and Note filed 12-29-2023 as an emergency; operative 12-29-2023 (Register 2023, No. 52). A Certificate of Compliance must be transmitted to OAL by 6-26-2024 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect relettering subsections (l)(2)(F)-(G) filed 3-11-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 11).
4. Amendment of section and Note refiled 5-28-2024 as an emergency, including amendments to subsections (b)(9), (g)(2) and (h)(3)(A); operative 6-27-2024 (Register 2024, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-25-2024 or emergency language will be repealed by operation of law on the following day.
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 8, § 5204, 8 CA ADC § 5204
End of Document |