CHAPTER
2.2. Fabrication Activities
6359.1.
For purposes of this chapter, the following definitions apply:(a) “Department” means the Department of Industrial Relations.
(b) “Director” means the Director of Industrial Relations.
(c) “Dry methods” means the undertaking of fabrication activities without the use of effective wet methods that effectively suppress dust.
(d) “Effective wet methods” means suppressing dust by one of the methods identified below, which ensure that water covers the entire surface of the work object where a tool, equipment,
or machine contacts the work object:
(1) Applying a constant, continuous, and appropriate volume of running water directly onto the surface of the work object. When water flow is integrated with a tool, machine, or equipment, water flow rates shall equal or exceed manufacturer recommendations and specifications to ensure effective dust suppression.
(2) Submersing the work object under water.
(3) Water jet cutting or use of high-pressure water to cut material.
(e) (1) “Fabrication activities” means machining, crushing, cutting, drilling, abrading, abrasive blasting, grinding, chiseling, carving, gouging, polishing, buffing, fracturing,
intentional breaking, or intentional chipping of slab products.
(2) “Fabrication activities” does not include onsite construction work covered by Section 1532.3 of Title 8 of the California Code of Regulations.
(f) (1) “Fabrication shop” means a location where fabrication activities are undertaken on slab products.
(2) “Fabrication shop” does not include facilities where slab products are manufactured, including, but not limited to, quarries, concrete manufacturing facilities, or tile manufacturing facilities.
(g) “License” means a slab product fabrication activity license to engage in fabrication activities that is issued to a fabrication shop
by the department pursuant to this chapter.
(h) “Respirable crystalline silica” means quartz, cristobalite, or tridymite contained in airborne particles that are determined to be respirable by a sampling device designed to meet the characteristics for respirable-particle-size-selective samplers specified in the Air Quality – Particle Size Fraction Definitions for Health-Related Sampling in Report 7708 completed by the International Organization for Standardization in 1995.
(i) “Slab product” means a thick, flat piece of a solid stone substance, including artificial, engineered, or natural stone that is used for countertop installation or customization.
6359.15.
(a) The Slab Fabrication Activity Account is hereby created in the Occupational Safety and Health Fund, as established pursuant to Section 62.5, in the State Treasury.(b) All fees, penalties, or other moneys collected by the department under this chapter shall be deposited in the Slab Fabrication Activity Account.
(c) Upon appropriation by the Legislature for this express purpose, moneys in the account may be expended by the department for the purposes of administering this chapter.
6359.2.
(a) A person or entity engaged in fabrication activities or fabrication shops shall not use dry methods in any fabrication activities.(b) A person or entity engaged in fabrication activities or fabrication shops shall use effective wet methods in any fabrication activities.
(c) (1) A violation of this section shall be grounds for an immediate order prohibiting continued fabrication activities by the director and may be grounds for additional fines and penalties, as determined by the director to further the purposes of this chapter.
(2) Notwithstanding any provision of this division to the contrary, a violation of this section is not a crime.
(d) A violation of this section may be reported to the Division of Labor Standards Enforcement.
(e) The Attorney General, upon request of the department, may petition the superior court to impose civil penalties for a violation of this section.
(f)All moneys recovered pursuant to this chapter shall be deposited in the ____ Account in the ____ Fund. Upon appropriation by the Legislature for this express purpose, moneys in the account may be expended by the department for the purposes of administering this chapter.
6359.3.
(a) On or before July 1, 2025, the department shall consult with representatives of approved apprenticeship programs to establish adopt a training curriculum regarding the safe performance of fabrication activities for the purposes of this section. activities.(1) The training curriculum shall satisfy both of the following requirements:
(A) The training curriculum shall cover applicable occupational safety and health standards.
(B) The training curriculum shall include classroom instruction and supervised hands-on activities.
(2) The department may authorize an An approved apprenticeship program or the California Community Colleges to provide the may provide the training curriculum. The department shall approve
alternative providers if approved apprenticeship programs or the California Community Colleges are unable to provide the training curriculum. do not offer training programs sufficient to meet the needs of the industry.
(b) Beginning on January July 1, 2026, an owner or operator of a slab product fabrication shop shall not permit a person any individual
to perform fabrication activities or employ a person an individual to perform work on the shop floor where fabrication activities are being conducted, unless the person individual has been certified pursuant to the training curriculum described in this section.
(1) The owner or operator of a slab product fabrication
shop shall be responsible for paying for the costs of the training curriculum of its employees.
(2) The department shall certify a person an individual who has completed the approved training curriculum immediately upon completion.
(3) This subdivision shall not apply to a person an individual who is enrolled in, or who has graduated from, an
apprenticeship program that covers fabrication activities and is approved by the Division of Apprenticeship Standards.
6359.4.
(a) (1) On or before January 1, 2026, the department shall develop an application and licensing process for a “slab product fabrication activity” license to authorize fabrication shops to engage in fabrication activities.(2) Notwithstanding any provision of this chapter to the contrary, a fabrication shop may continue to engage in fabrication activities during the pendency of the application development and licensing development process.
(3) This subdivision shall become inoperative on January 1, 2026.
(b) (1) Commencing January 1, 2026, the department shall accept an application for and grant a license to a fabrication shop that demonstrates to the department satisfaction of all of the following workplace safety conditions and precautions:
(A) Evidence of a legally obtained and valid business license and applicable state contractor’s license.
(B) Evidence of satisfactory workers’ compensation insurance coverage.
(C) Demonstration of compliance with any occupational safety and health standards and orders that are promulgated by the Occupational Safety and
Health Standards Board pursuant to Section 142.3.
(D) Implementation of an air quality monitoring program consistent with any occupational safety and health standards and orders that are promulgated by the Occupational Safety and Health Standards Board pursuant to Section 142.3, and documentation of verification of implementation by a third party that is normally engaged in those kinds of verifications.
(E) Documentation of completion by all employees of a technical training program focused on the prevention of workplace respirable crystalline silica exposure, including the use of protective equipment and control measures, that is approved by the department.
(2) The department, or a third party certified by the
department for this purpose, shall inspect a fabrication shop before the issuance of the license to verify that the equipment and procedures of the fabrication shop are in compliance with any occupational safety and health standards and orders that are promulgated by the Occupational Safety and Health Standards Board pursuant to Section 142.3.
(3) An applicant for a license shall submit to the department an initial registration license application, including an application fee in the amount of ____ dollars ($____),
four hundred fifty dollars ($450) and an initial license fee in the amount of two hundred dollars ($200), which shall be deposited in the ____ Account in the ____ Slab Fabrication Activity Account in the Occupational Safety and Health Fund for the purposes of administering this chapter.
(4) Each license granted by the department shall be for a three-year period.
(5) (A) The department shall accept a renewal application for and grant a license renewal to a licensee who demonstrates to the department continued compliance with all of the following workplace safety
conditions and precautions:
(i) Evidence of compliance with the requirements of any occupational safety and health standards and orders that are promulgated by the Occupational Safety and Health Standards Board pursuant to Section 142.3.
(ii) Documentation of certified air quality monitoring results consistent with any occupational safety and health standards and orders that are promulgated by the Occupational Safety and Health Standards Board pursuant to Section 142.3 over the prior three years.
(iii) Documentation of information related to employee-reported silicosis cases.
(iv)Documentation of completion by all employees of a technical training program focused
on the prevention of workplace respirable crystalline silica exposure, including the use of protective equipment and control measures, that is approved by the department.
(iv) Beginning July 1, 2026, documentation that all individuals who perform fabrication activities or perform work on a shop floor where fabrication activities are being conducted have been certified, or are exempt from certification, pursuant to subdivision (b) of Section 6359.3.
(B) The department, or a third party certified by the department for this purpose, shall inspect a fabrication shop before the issuance of a license renewal to verify that the equipment and procedures of the fabrication shop are
in compliance with any occupational safety and health standards and orders that are promulgated by the Occupational Safety and Health Standards Board pursuant to Section 142.3.
(C) An applicant for a license renewal shall submit to the department a license renewal fee in the amount of ____ dollars ($____), four hundred fifty dollars ($450), which shall be deposited in the ____ Account in the ____ Slab Fabrication Activity Account in the
Occupational Safety and Health
Fund for the purposes of administering this chapter.
(D) A licensee may continue to engage in fabrication activities during the pendency of the license renewal application.
(6) The department may suspend or revoke a license issued pursuant to this section if the department finds that the licensee has engaged in gross negligence, gross incompetence, or willful or repeated disregard of an occupational safety and health standard or order.
(7) (A) A person or entity, or an employee of a person or entity, shall not engage in fabrication activities without a license issued by the department pursuant to this chapter.
(B) A
violation of this paragraph may be reported to the Division of Labor Standards Enforcement.
(C) Notwithstanding any provision of this division to the contrary, a violation of this paragraph is not a crime.
6359.5.(a)The owner or operator of a slab product fabrication shop shall comply with all of the following requirements with respect to employees who perform fabrication activities:
(1)
6359.5.
(a) The owner or operator shall pay each employee
performing fabrication activities at least the general prevailing rate of per diem wages for the geographic area, as published by the director pursuant to Sections 1773 and 1773.9 of the Labor Code, for performing fabrication activities, except that the owner or operator may pay apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards at least the applicable apprentice prevailing rate.(2)(A)The owner or operator shall use a skilled and trained workforce to perform the fabrication work.
(B)“Skilled and trained workforce” has the same meaning as that term is defined in Section 2601 of the Public Contract Code.
(b) (1) An owner or operator in violation of this section shall be subject to a fine of two hundred dollars ($200) per employee per day for each violation of this section.
(2) Notwithstanding any provision of this division to the contrary, a violation of this section is not a crime.
(c) The department may suspend or revoke a license issued pursuant to this section if the department finds that the owner or operator willfully violated this section.
(d) The Labor Commissioner or an employee of an owner or operator in violation of paragraph (1) of subdivision (a) may seek enforcement of the minimum wage requirement The
prevailing wage requirement described in subdivision (a) shall be enforceable by the Labor Commissioner or by an employee by a civil action through the same means and with the same relief available for violation of any other state minimum wage requirement.
(e) The remedies provided in this section are in addition to any other remedies provided by law.
(f) This section shall become operative on January 1, 2026.
6359.6.
(a) A person shall not supply a slab product directly to a person or entity engaged in fabrication activities if the person or entity engaged in fabrication activities does not have a valid license.(1) A person that supplies a slab product to a person or entity engaged in fabrication activities shall verify that the person or entity has a valid license before providing the slab product to the person or entity.
(2) A person that supplies a slab product to a person or entity that is not engaged in fabrication activities shall rely on a written certification issued under penalty of perjury from the person
that the person will not directly engage in fabrication activities with the product without a license and that, if the person resells the product, the person will resell to a person or entity with a license.
(b) A person that seeks services that require fabrication activities and enters into a contract with a person or entity to undertake fabrication activities shall verify that the person or entity has a valid license before engaging with and providing slab products to that person or entity.
(c) (1) A violation of this subdivision may be grounds for penalties as determined by the director to further the purposes of this chapter.
(2) Notwithstanding any provision of this division to the contrary,
a violation of this section is not a crime.
(d) This section shall become operative on January 1, 2026.
6359.7.
(a)The Beginning January 1, 2026, the director shall maintain a publicly accessible database on the department’s internet website that includes information on any active orders issued by the department in the prior 12 months prohibiting an activity at a fabrication shop pursuant to this chapter. The database shall also include an online tool to report suspected or alleged violations of this chapter.
all of the following:(a) Information on any active orders issued by the department in the prior 12 months prohibiting an activity at a fabrication shop pursuant to this chapter.
(b) Information on fabrication shops in the state licensed pursuant to this chapter and on any enforcement actions pending at those licensed fabrication shops.
(c) An online tool to report suspected or alleged violations of this chapter.
(b)On and after January 1, 2026, the publicly accessible database, as described in subdivision (a),
shall, in addition to the information specified in subdivision (a), also include information on fabrication shops in the state licensed pursuant to this chapter and on any enforcement actions pending at those licensed fabrication shops.
6359.8.
(a) (1) On or before July 1, 2025, the department shall, in consultation with the Labor and Workforce Development Agency, the Division of Occupational Safety and Health, and the State Department of Public Health, submit a report to the Legislature that includes all of the following information:(A) The number of violations issued for failure to comply with any temporary or future standards relating to respirable crystalline silica adopted by the Occupational Safety and Health Standards Board.
Board, and the geographic areas in the state with the highest numbers of those violations.
(B) The number of new cases of silicosis identified since the passage of any temporary or future standards relating to respirable crystalline silica adopted by the Occupational Safety and Health Standards Board.
(C) An assessment of the risk to the health of workers from failing to comply with any temporary or future standards or future standards relating to respirable crystalline silica adopted by the Occupational Safety and Health Standards Board.
(D) An assessment on the ban of silica-based products in Australia and the movement for a similar ban in New Zealand, and the associated benefit to the health and safety of those workers.
(E) The overall success or gaps in protections provided to the workers in the temporary or future standards. standards relating to respirable crystalline silica.
(F) Updates on steps taken by the department or the Division of Occupational Safety and Health to increase the ratio of industrial hygienists to workers.
workers exposed to respirable crystalline silica.
(G) The number of notices issued to fabrication shops found to be in noncompliance with department regulations relating to respirable crystalline silica.
(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(b) (1) On or before
January 1, 2027, and on or before January 1, 2029, the department shall, in consultation with the Division of Occupational Safety and Health, the State Department of Public Health, and the Labor and Workforce Development Agency, submit a report to the Legislature that includes all of the following information:
(1)
(A) The information specified in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (a).
(2)
(B) Updates on steps taken by the department or the Division of Occupational Safety and Health to increase the ratio of industrial hygienists to workers. workers exposed to respirable crystalline silica.
(3)
(C) The number of licenses issued by the department, violations issued
licenses, violations for failure to comply with licensure requirements, and license suspensions.
suspensions or revocations issued by the department pursuant to this chapter, and the geographic areas with the highest numbers of those penalties.
(4)
(D) The number of notices issued to fabrication shops found to be in noncompliance with department regulations relating to respirable crystalline silica.
(5)
(E) The overall enhancement to workers protections with the license program, including any successes or gaps.
(c)(1)
(2) A report to be submitted pursuant to subdivision (b) paragraph (1) shall
be submitted in compliance with Section 9795 of the Government Code.
(c) The department and the Division of Occupational Safety and Health shall use the findings of the reports submitted pursuant to this section to prioritize enforcement of the requirements of this chapter in geographic areas with the highest numbers of violations or other penalties issued by the department relating to respirable crystalline silica, including, but not limited to, the San Fernando Valley.
(2)
(d) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.