From the
California’s Silica Emergency Temporary Standard (ETS) Raises Many Questions
The California emergency temporary standard (ETS) on worker safety and respirable crystalline silica went into effect on Dec, 29, 2023. The ETS impacts fabrication processes for both natural stone and artificial stone, which has been defined as “any reconstituted, artificial, synthetic, composite, engineered, or manufactured stone, porcelain, or quartz typically within a binding material.” Guidelines were established for companies involved in the cutting, grinding, and polishing of artificial stone containing more than 0.1% crystalline silica and natural stone containing more than 10% crystalline silica by weight. This ETS impacts most stone businesses involved in the countertop industry. Many NSI members have raised concerns during the ETS implementation phase. For example:
- Scheduled consultation visits have been cancelled or postponed because the consultation offices do not have the resources to help them with ETS compliance.
- Cal/OSHA agency staffing vacancy rate has reached historic levels, raising concerns about their capacity to address the non-compliant fabrication facilities (e.g. dry shops) through enforcement visits.
- There is little evidence that Cal/OSHA is conducting enforcement visits to facilities of employees known to contract silicosis or referenced in recent newspaper and TV reports.
Cal/OSHA has announced their intent to make many of the ETS requirements permanent in the coming months. Among additional regulations, this would include making the use of full-face respirators mandatory regardless of whether a facility is utilizing all-wet practices and is following the 2016 OSHA regulations. Non-California fabricators may be wondering if their state will adopt similar measures. The NSI board of directors has authorized staff and a new research/regulations committee to continue lobbying efforts to influence upcoming regulations. “We will continue to work alongside regulators to help them better understand the industry, protecting the interests of natural stone and our members,” said Duane Naquin, NSI Education Committee chair. “We are concerned that Cal/OSHA’s enforcement efforts have been limited. As a result, leading fabricators are facing increased costs to be compliant with the ETS while bad actors continue to jeopardize employee safety.” For more information, visit naturalstoneinstitute.org/silica.
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