The California Occupational Safety and Health Standards Board (Cal/OSHA) recently adopted a new Emergency Temporary Standard (ETS) aimed at protecting workers in the engineered stone industry from silicosis, a serious and sometimes fatal lung disease. The ETS stems from a February 2023 petition that urged the regulatory agency to adopt an emergency standard to protect workers in the engineered stone fabrication industry from exposure to respirable crystalline silica (RCS).

While the ETS generally applies to all California employers, it targets employers in the engineered stone industry, an industry which has experienced a surge in silicosis cases since 2019. Silica is a material that is a common component of artificial and natural stone. Workers in this industry can be exposed to silica dust while cutting, grinding, polishing, or sanding artificial stone during production, installation, and clean up. Cal/OSHA’s adoption of the ETS follows a landmark announcement that Australia will ban engineered stone because of the high risk in silicosis among workers in the industry who are exposed to RCS.

Cal/OSHA’s emergency rulemaking process does not include all the procedural hurdles that the regulatory agency must satisfy when it goes through the standard non-emergency rulemaking process. However, Cal/OSHA held a meeting during which several stakeholders in the engineered stone industry commented on the proposed standard prior to the adoption of the ETS. Stakeholders in favor of the ETS stressed that new rules were needed due to the increased number of silicosis cases. Other stakeholders spoke out against the adoption of the ETS, arguing that new rules would simply punish employers complying with existing standards through increased operational costs while non-compliant employers continue to ignore the agency’s rules. The better solution, according to opponents of the ETS, would be to strengthen enforcement of existing Cal/OSHA standards.

The ETS requires employers to implement employee exposure control precautions such as implementing silica dust suppression measures using wet methods, providing appropriate respiratory protection to workers, and regularly monitoring air quality to ensure acceptable levels of RCS. Employers must also communicate and offer training about the risks of exposure to workers in a manner that workers will understand. The ETS also imposes strict reporting requirements for confirmed cases of silicosis or other silica dust disease.

The ETS took effect on December 29, 2023 and remains in effect for one year. However, it is anticipated that Cal/OSHA will make the ETS a permanent standard, along with additional measures, before its expiration.

Whether an employer is covered by the ETS or not, employers should be cognizant of these regulatory actions based on an emergency linked to workplace exposure. As the federal Occupational Safety and Health Administration has existing rules that regulate permissible exposure to RCS, it is likely monitoring the impact of Cal/OSHA’s new ETS.

The attorneys in our Austin and Dallas offices have significant experience interpreting and offering guidance on OSHA regulations and violations.  If you should have any questions about this blog, please contact us at info@gstexlaw.com.

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