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Cal/OSHA Reacts to Silicosis Epidemic in California

In a decisive move to combat the alarming rise of silicosis cases within the artificial stone fabrication industry, California's Occupational Safety and Health Standards Board issued an emergency report on December 14, 2023, laying the groundwork for an Emergency Temporary Standard (ETS). This ETS is specifically designed to safeguard workers from the hazards of respirable crystalline silica (RCS), a known cause of silicosis, an incurable lung disease characterized by rapid progression and a high fatality rate, particularly among young workers.
The emergency stems from the growing epidemic within California's artificial stone industry, highlighted by a July 2023 report from the California Department of Health Occupational Health Branch (OHB) identifying 52 workers with silicosis due to RCS exposure. By November, this number had surged by 79%, reaching a total of 93 cases. With about 4,040 workers employed in the state's stone fabrication shops, Cal/OSHA projects between 500 and 850 cases of silicosis could arise among these workers, leading to a substantial number of deaths.
The existing silica standard, found wanting in its applicability to the unique conditions and small business nature of the stone fabrication industry, has seen a compliance rate of only 28%. The ETS aims to close loopholes in the current regulation, mandating more stringent engineering controls, safe work practices, and other protective measures.
Key to the ETS are the new requirements for engineering controls like effective wet methods, rigorous housekeeping and hygiene practices, respiratory protection, signage, training, and reporting. This includes specific prohibitions against practices like the use of compressed air in silica dust-prone areas and reliance on employee rotation as a means of exposure reduction.
Employers are now required to establish and implement a comprehensive written exposure control plan, with annual reviews to assess its effectiveness. This plan must encompass air monitoring records, procedures for the correct use of personal protective equipment, documentation for reporting to the Division, and training protocols to prevent RCS exposure.
Of note is the mandate for employers to ensure proper use of respiratory protection for employees performing high-exposure tasks. This includes full face powered-air purifying respirators (PAPRs) or equivalent, with specific provisions for those diagnosed or suspected of having silicosis, recommending the use of supplied-air respirators with air sources located outside contaminated zones.
Medical surveillance has become a cornerstone of the ETS, requiring employers to provide initial and periodic health examinations at no cost to employees exposed to RCS above action levels for 30 or more days per year. These examinations are comprehensive, focusing on the respiratory system and including chest x-rays interpreted by NIOSH-certified B Readers, pulmonary function tests, and screenings for latent tuberculosis.
The Board's emergency action is a response to a critical public health issue, drawing parallels to the lessons learned from the asbestos epidemic. By enacting these measures, California aims to significantly reduce the incidence of silicosis and related deaths within the artificial stone industry, emphasizing the state's commitment to worker safety and health. The projected benefits of the ETS, estimated at $603 million over a decade, far outweigh the expected costs to businesses, highlighting the value of these lifesaving regulations.