Biden's OSHA gambit could very well blow up in his face

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In the original final rule for HAZWOPER, the language in question was incorporated by reference to section 101(33) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980. To improve clarity, the pertinent language was incorporated directly into the HAZWOPER standard on April 13, 1990, under subparagraph (B) of the definition for "hazardous substance," which reads:

Any biological agent and other disease-causing agent which after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any person...will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions...or physiological deformations in such persons or their offspring.

As implied by the plain language of this definition, the phrase "other disease-causing agents" refers to any substance not otherwise covered under subparagraphs (A)-(D) of the definition, which causes death, disease, behavioral abnormalities, etc. Correspondingly, crystalline silica, which as you mentioned, causes silicosis and is not otherwise covered under the definition for "hazardous substance," would be considered a hazardous substance under the criteria established in subparagraph (B). Conversely, heat would not be covered under this definition, since heat is not a substance but rather a form of potential energy.

Emphasis added.

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