Last month, the Cal/OSHA Standards Board approved permanent amendments to its regulation regarding occupational exposure to respirable crystalline silica (RCS).

This decision marks a critical step toward combating the rising epidemic of silicosis, an irreversible and fatal, but preventable, occupational lung disease affecting construction and stone fabrication workers. The regulation aims to provide heightened protection against this deadly disease by establishing exposure limits, monitoring requirements and mandatory safety measures.

The regulation’s adoption was born out of urgency following a surge in silicosis cases affecting predominantly Latino immigrant males working at engineered stone manufacturing sites in the San Fernando Valley. Key provisions of the newly passed amendments to the regulations include exposure assessments, engineering controls, medical surveillance and the implementation of written exposure control plans. For example, employers must now monitor RCS levels, provide regular medical exams and create detailed plans to reduce exposure in high-risk tasks. Notably, the regulation also mandates reporting confirmed cases of silicosis or RCS-related cancer within 24 hours to Cal/OSHA and the California Department of Health.

This regulatory shift underscores the importance of enforcing compliance to safeguard workers' rights. To that aim, the California Division of Occupational Safety and Health (Cal/OSHA) conducted 85 inspections related to silica exposure in 2024. As part of this effort, 26% of the shops inspected received orders prohibiting use (OPUs), which temporarily shut down equipment or processes that pose immediate safety risks until the issues are fixed. Additionally, citations were issued in approximately 95% of the closed inspections.

The RCS regulation is now a critical tool to address unsafe working conditions and hold negligent employers accountable. The heightened focus on medical surveillance, reporting and prevention provides stronger legal foundations for advocating on behalf of workers affected by RCS exposure. By staying informed of developments and leveraging these protections, CAAA members can play a vital role in ensuring that California workers benefit fully from the regulation’s intended safeguards.

This opinion by the California Applicants' Attorneys Association communications team is republished with permission from the CAAA website.