Assembly BillIntroducedLabor
AB 2137: Occupational safety and health: fabrication activities: slab solid surface products.
What AB 2137 does, verified May 16, 2026
<p>The bill amends existing occupational safety and health standards in California, focusing on slab solid surface product fabrication activities. It requires the Department of Industrial Relations to develop an application and certification process for fabrication shops by January 1, 2028, allowing shops to continue operations during this period with a deposit fee.</p> <p>Starting July 1, 2028, the department will grant three-year certifications to shops meeting specified safety criteria. The bill establishes regulatory fees for certification and renewal, and authorizes suspension or revocation of certification in cases of gross negligence.</p> <p>The legislation prohibits individuals from engaging in fabrication activities without a valid certification or pending application after July 1, 2028. It also restricts suppliers from providing slab solid surface products to uncertified entit…
Bill journey
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2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: In committee: Held under submission. (2026-05-14)Alert me
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| May. 14, 2026 | In committee: Held under submission. |
| May. 06, 2026 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr. 23, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 22). Re-referred to Com. on APPR. |
| Apr. 16, 2026 | Re-referred to Com. on L. & E. |
| Apr. 15, 2026 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
Latest bill textAmended version, April 15, 2026 · 3,615 words
| Amended IN Assembly April 15, 2026 |
| Amended IN Assembly March 19, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2137
| Introduced by Assembly Member Chen |
February 18, 2026 |
An act to amend Section 6359.1 of, and to add Sections 6359.6, 6359.6.5, 6359.7, 6359.7.5, and 6359.8 to, the Labor Code, relating to occupational safety and health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2137, as amended, Chen. Occupational safety and health: fabrication activities: slab solid surface products.
Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations to adopt occupational safety and health standards for the state, including standards dealing with exposure to harmful airborne contaminants. Existing law requires the Division of Occupational Safety and Health within the department to enforce all occupational safety and health standards, as specified.
Existing law imposes restrictions on specified high-exposure trigger tasks on artificial stone, as those terms are defined. Specifically, a person or entity engaged in high-exposure trigger tasks is prohibited from using dry methods, and is required to use effective wet methods when engaging in any high-exposure trigger tasks. Existing law requires the owner or operator of a fabrication shop, or any individual who will employ another individual to perform high-exposure trigger tasks in a fabrication shop, to ensure that an employee who will perform high-exposure tasks receives specified training and to annually attest to the division that these employees have been trained. Existing law requires the division to enforce these provisions by issuing a citation alleging a violation and a notice of civil penalty.
This bill would require, on or before January 1, 2028, the department to develop an application and certification process for fabrication shops to lawfully engage in slab solid surface product fabrication activities. The bill would authorize fabrication shops to engage in those fabrication activities during the pendency of the application development and certification process. The bill would require the department to develop an initial deposit process for fabrication shops to, during the pendency of the application development and certification process, submit a deposit fee for the application and certification subject to specified requirements, including that the deposit amount goes towards the initial certification fee collected by the department.
This bill would require, beginning July 1, 2028, the department to grant a 3-year certification to a fabrication shop that demonstrates satisfaction of specified criteria involving workplace safety conditions and precautions, and would authorize certification renewal, as specified. Among other conditions, the bill would establish certain regulatory fees in amounts to be determined and adjusted by the department, as specified, for the certification and renewal thereof. The bill would authorize the department to suspend or revoke a certification in certain cases, including for gross negligence, as specified. The bill would require the department, in consultation with the division and the State Department of Public Health, to track and keep a record of specified information on fabrication shops, including the number of citations issued to any of the fabrication shops for failure to comply with any temporary or future standards relating to respirable crystalline silica, as specified.
This bill would prohibit a person or entity, or an employee thereof, from engaging in fabrication activities, as defined, on slab solid surface products unless they conduct the fabrication activities at a fabrication shop that has submitted a valid initial deposit to the department, or, after July 1, 2028, has submitted an application for initial certification or renewal and the application is pending or has a valid certification, as provided. The bill would require the division to enforce this prohibition by issuing a citation alleging a violation and a notice of civil penalty.
This bill would prohibit, beginning July 1, 2028, a person from supplying a slab solid surface product directly to a person, entity, or business engaged in fabrication activities on those products if the person, entity, or business does not have a valid, or pending application for, certification. The bill would require a person that supplies a slab solid surface product to a person, entity, or business engaged in fabrication activities on those products to verify that the person, entity, or business has a certification, or a pending application for certification, as specified. The bill would require a person that supplies a slab solid surface product to a person, entity, or business that is not engaged in fabrication activities to rely on written certification issued under penalty of perjury that, among other things, they will not directly engage in fabrication activities with the product without a certification. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would require a person that seeks services that require fabrication activities and enters into a contract with a person, entity, or business to undertake fabrication activities to verify that the person, entity, or business has a valid certificate before engaging with and providing slab solid surface products to that person, entity, or business. The bill would require the division to enforce these requirements by issuing a citation alleging a violation and a notice of civil penalty.
The bill would establish the Slab Fabrication Activity Account in the Occupational Safety and Health Fund in the State Treasury, and would require all fees, penalties, or other moneys collected by the department under the bill and under the above-described provisions relating to high-exposure trigger tasks to be deposited into the account. The bill would authorize moneys in the account to be expended by the department, upon appropriation by the Legislature, for the purposes of administering the bill and other provisions related to silicosis risk exposure in fabrication shops.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1.
Section 6359.1 of the Labor Code is amended to read:6359.1.
For purposes of this chapter, the following definitions apply:(a) “Artificial stone” means any reconstituted, artificial, synthetic, composite, engineered, or manufactured stone product. It is commonly made by combining natural stone or other crystalline silica-containing materials with adhesives, polymers, epoxies, resins, or other binding materials to form a slab. Fired ceramic and porcelain tiles and panels are not artificial stone.
(b) “Department” means the Department of Industrial Relations.
(c) “Director” means the Director of Industrial Relations.
(d) “Division” means the Division of Occupational Safety & Health.
(e) “Dry methods” means the undertaking of high-exposure trigger tasks without the use of wet methods that effectively suppress dust.
(f) (1) “Fabrication shop” means a person, entity, business, or location where high-exposure trigger tasks are undertaken.
(2) “Fabrication shop” does not include quarries, concrete and cement manufacturing facilities, or fired ceramic or fired porcelain tiles or panels manufacturing facilities that do not manufacture, fabricate, or finish artificial stone products.
(g) (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 solid surface products.
(2) “Fabrication activities” does not include onsite construction work covered by Section 1532.3 of Title 8 of the California Code of Regulations or facilities where slab solid surface products are manufactured, including, but not limited to, quarries, concrete manufacturing facilities, or fired ceramic or fired porcelain tiles or panels manufacturing facilities.
(h) “High-exposure trigger task” means machining, crushing, cutting, drilling, abrading, abrasive blasting, grinding, chiseling, carving, gouging, polishing, buffing, fracturing, intentional breaking, or intentional chipping of artificial stone that contains more than 0.1 percent by weight crystalline silica, or other silica containing products, including natural stone, that contain more than 10 percent by weight crystalline silica. High-exposure trigger tasks also include clean up, disturbing, or handling of wastes, dusts, residues, debris, or other materials created during the above-listed tasks. High-exposure trigger tasks do not include tasks other than the fabrication of countertops, backsplashes, walls, flooring, waterfall countertop edges, and other products from slabs or panels.
(i) “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 International Organization for Standardization (ISO) 7708:1995 Air Quality — Particle Size Fraction Definitions for Health-Related Sampling.
(j) (1) “Slab solid surface product” means a hard stone-like substance containing crystalline silica, including, but not limited to, artificial, engineered, or natural stone, including granite or marble, that is used for countertop installation or customization and surface applications.
(2) For purposes of paragraph (1), “artificial stone” means any reconstituted, artificial, synthetic, composite, engineered, or manufactured stone product. It is commonly made by combining natural stone or other crystalline silica-containing materials with adhesives, polymers, epoxies, resins, or other binding materials to form a slab. Fired ceramic and porcelain tiles and panels are not artificial stone.
(k) “Wet methods” means effectively suppressing dust by one of the methods listed below, such that exposures do not exceed the action level at any time. Regardless of the method used, water shall cover 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. Any water that is recycled must be filtered to remove silica prior to reuse.
(2) Submersing the work object underwater.
(3) Water jet cutting or the use of high-pressure water to cut material.
SEC. 2.
Section 6359.6 is added to the Labor Code, to read:6359.6.
(a) (1) On or before January 1, 2028, the department shall do all of the following:(A) Develop an application and certification process for a “slab solid surface product fabrication activity” certification to authorize fabrication shops to engage in fabrication activities.
(B) Develop an initial deposit process for fabrication shops to, during the pendency of the application development and certification process, submit a deposit fee for the application and initial certification subject to all of the following requirements:
(i) The deposit fee amount shall be in an amount as the department deems necessary to implement this chapter and shall not exceed the reasonable regulatory cost.
(ii) The deposit fee amount collected by the department shall be used towards the initial certification fee collected pursuant to subdivision (b), and the applicable amount shall be returned to a fabrication shop if the deposit amount exceeds the initial certification fee or if the application is denied.
(C) (i) Determine the initial certification fee and the renewal fee to be collected pursuant to subdivision (b), which shall be in amounts as the department deems necessary to implement this chapter and shall not exceed the reasonable regulatory cost.
(ii) The department, in determining the fee amounts described in clause (i), may establish different fees for large or small fabrication shops in the state as the department deems necessary for regulatory purposes. The department shall, in determining the sizes of the fabrication shops and the fee amounts, consult with relevant stakeholders, including owners and operators of fabrication shops.
(2) (A) 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 certification process.
(B) This paragraph shall become inoperative on July 1, 2028.
(b) (1) Commencing July 1, 2028, the department shall accept an application for and grant a certification to a fabrication shop that demonstrates to the department’s 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) Documentation of compliance with Section 6359.3. 6359.2.
(D) Implementation of an air quality monitoring program and documentation of certified air quality monitoring results consistent with any occupational safety and health standards and orders that are adopted by the Occupational Safety and Health Standards Board pursuant to Section 142.3.
(2) The department, or a third party certified by the department for this purpose, shall inspect a fabrication shop before the issuance of the certification 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 adopted by the Occupational Safety and Health Standards Board pursuant to Section 142.3.
(3) (A) An applicant for a certification shall submit to the department an initial certification application, including an initial certification fee in the amounts determined by the department, which shall be deposited in the Slab Fabrication Activity Account in the Occupational Safety and Health Fund for the purposes of administering this chapter.
(B) Notwithstanding any provision of this chapter to the contrary, a fabrication shop may continue to engage in fabrication activities if it has submitted an initial certification application and the application fee pursuant to subparagraph (A) while it awaits inspection pursuant to paragraph (2) during the pendency of the certification application.
(4) Each certification granted by the department shall be for a three-year period.
(5) (A) The department shall accept a renewal application for and grant a certification renewal to a fabrication shop that 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 adopted by the Occupational Safety and Health Standards Board pursuant to Section 142.3.
(ii) Evidence of a legally maintained business license and applicable state contractor’s license.
(iii) Evidence of satisfactory workers’ compensation insurance coverage.
(iv) Documentation of certified air quality monitoring results consistent with any occupational safety and health standards and orders that are adopted by the Occupational Safety and Health Standards Board pursuant to Section 142.3 over the prior three years.
(v) Documentation of information related to employee-reported silicosis cases since previous certification.
(vi) Documentation of compliance with Section 6359.2.
(B) The department, or a third party certified by the department for this purpose, shall inspect a fabrication shop before the issuance of a certification 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 adopted by the Occupational Safety and Health Standards Board pursuant to Section 142.3.
(C) An applicant for a certification renewal shall submit to the department a certification renewal fee in the amount determined by the department, which shall be deposited in the Slab Fabrication Activity Account in the Occupational Safety and Health Fund for the purposes of administering this chapter.
(D) A fabrication shop with a previous certification may continue to engage in fabrication activities during the pendency of the certification renewal application.
(6) The department may suspend or revoke a certification issued pursuant to this section if the department finds that the fabrication shop has engaged in gross negligence, gross incompetence, or willful or repeated disregard of any emergency or other occupational safety and health standards, occupational safety and health standards orders, any provision of this chapter, or any other related provision of law.
(c) Commencing January 1, 2029, the department shall evaluate the cost of implementation of this chapter and may adjust the amounts of the initial certification fee and the renewal certification fee, which shall be in reasonable amounts as the department deems necessary to implement this chapter and shall not exceed the reasonable regulatory cost.
SEC. 3.
Section 6359.6.5 is added to the Labor Code, to read:6359.6.5.
(a) The department, in consultation with the division and the State Department of Public Health, shall track and keep a record of information on fabrication shops regarding all of the following:(1) The number of citations issued to any of the fabrication shops for failure to comply with any temporary or future standards relating to respirable crystalline silica adopted by the Occupational Safety and Health Standards Board, and the geographic areas in the state with the highest numbers of those citations.
(2) The number of new cases of silicosis identified in any of the fabrication shops since the passage of any temporary or future standards relating to respirable crystalline silica adopted by the Occupational Safety and Health Standards Board.
(3) The number of notices issued to fabrication shops found to be in noncompliance with department regulations relating to respirable crystalline silica.
(b) The department shall provide the information described in subdivision (a) to, or otherwise assist as applicable, local prosecutors in seeking civil or criminal action against fabrication shops in violation of any applicable provisions.
(c) The division may use the information described in subdivision (a) in seeking enforcement against fabrication shops in violation of any applicable provisions.
SEC. 4.
Section 6359.7 is added to the Labor Code, to read:6359.7.
(a) A person or entity, or an employee of a person or entity, shall not engage in fabrication activities unless they conduct the fabrication activities at a fabrication shop that has done either of the following:(1) During the period of January 1, 2028, until July 1, 2028, submitted a valid initial deposit to the department pursuant to this chapter.
(2) After July 1, 2028, has submitted an application for initial certification or renewal pursuant to this chapter and the application is pending or has a valid certification issued by the department pursuant to this chapter.
(b) A violation of this section may be reported to the division. The division shall enforce this section by issuing a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319.
(c) Notwithstanding any provision of this division, a violation of this section is not a crime.
SEC. 5.
Section 6359.7.5 is added to the Labor Code, to read:6359.7.5.
(a) A person shall not supply a slab solid surface product directly to a person, entity, or business engaged in fabrication activities if the person, entity, or business engaged in fabrication activities does not have a valid, or a pending application for, certification, as provided in this chapter.(1) A person that supplies a slab solid surface product to a person, entity, or business engaged in fabrication activities shall verify that the person, entity, or business has a valid, or a pending application for, certification as provided in this chapter before providing the slab solid surface product to that person, entity, or business.
(2) A person that supplies a slab solid surface product to a person, entity, or business that is not engaged in fabrication activities shall rely on a written verification issued under penalty of perjury from that person, entity, or business that they will not directly engage in fabrication activities on the product without a valid, or pending application for, certification as provided in this chapter and that, if the person, entity, or business resells the product, they will resell it to a person, entity, or business with a valid, or pending application for, certification as provided in this chapter.
(b) A person that seeks services that require fabrication activities and enters into a contract with a person, entity, or business to undertake fabrication activities shall verify that the person, entity, or business has a valid, or pending application for, certification as provided in this chapter before engaging with or providing slab solid surface products to that person, entity, or business.
(c) (1) The division shall enforce this section by issuing a citation alleging a violation of this section and a notice of civil penalty in a manner consistent with Section 6317. Any person who receives a citation and penalty may appeal the citation and penalty to the appeals board in a manner consistent with Section 6319.
(2) Notwithstanding any provision of this division, a violation of this section is not a crime.
(d) (1) A cause of action shall not lie against a person who supplies a slab solid surface product, as described in subdivision (a), or that enters into a contract for fabrication, as described in subdivision (b), and that makes the verifications required by this section.
(2) It is the intent of the Legislature in paragraph (1) to create a safe harbor for a person who makes the verifications required by this section.
(e) This section shall become operative on July 1, 2028.
SEC. 6.
Section 6359.8 is added to the Labor Code, to read:6359.8.
(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 or the division 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.
SEC. 7.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.Text of AB 2137 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions