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AB 2137

Occupational safety and health: fabrication activities: slab solid surface products.

2025-2026 Regular Session Introduced by Phillip Chen

California will require certification of slab solid surface fabrication shops and verifiable supply-chain compliance to reduce silica exposure and protect workers.

In committee: Held under submission.
#occupationalsafetyandhealth #fabricationactivities #slabsolidsurfaceproducts
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Bill Summary · AB 2137

Summary of AB 2137 (2025-2026) — Occupational Safety and Health: Fabrication Activities: Slab Solid Surface Products

This bill would create a new regulatory framework in California for fabricating slab solid surface products (SSSPs), with a particular focus on silica exposure and workplace safety. It establishes a certification system for fabrication shops, requires supplier verification for products entering fabrication workflows, and creates a dedicated fund to administer these provisions.

1) Purpose and Intent

  • To reduce workers’ exposure to respirable crystalline silica (silicosis risk) in fabrication activities involving slab solid surface products.
  • To regulate the handling, fabrication, and supply chain of slab solid surface products to ensure only certified shops perform fabrication work.
  • To track enforcement outcomes and silica-related health data to inform regulatory actions.

2) Key Provisions and Changes

Certification Framework for Fabrication Shops

  • By January 1, 2028, the Department of Industrial Relations (DIR) must develop:
    • An application and certification process for “slab solid surface product fabrication activity” certification.
    • An initial deposit process during pendency of the application/certification.
    • Initial certification and renewal fee schedules (fees may vary for large vs. small shops; fees set to cover reasonable regulatory costs).
  • Beginning July 1, 2028, DIR must grant a 3-year certification to fabrication shops that meet specified safety criteria (e.g., business licensing, workers’ compensation, air quality monitoring, compliance with applicable safety standards). Renewals are allowed if ongoing compliance is demonstrated.
  • A shop may continue fabrication activities during processing of its certification application, but the temporary allowance ends July 1, 2028.
  • DIR may suspend or revoke a certification for gross negligence, gross incompetence, or willful/repeated noncompliance with safety standards.

Operational Requirements for Fabrication Shops

  • “Fabrication activities” include machining, cutting, drilling, grinding, polishing, and other processing of slab solid surface products, excluding onsite construction and certain manufacturing facilities not engaged in fabrication.
  • Shops must implement an air quality monitoring program and maintain documentation of results.
  • Inspections by DIR or a certified third party are required prior to certification issuance and renewal.

Prohibitions and Penalties

  • From January 1, 2028 onward, no fabrication activity may be conducted unless in a certified (or pending-certified) shop.
  • Beginning July 1, 2028, suppliers may not directly supply slab solid surface products to fabrication buyers lacking a valid certification or pending application, and must verify certification status before delivery.
  • Suppliers to non-fabrication users must rely on a written, perjury-pled verification that the end user will not fabricate without certification and will resell only to certified or pending-applicant entities.
  • Violations may incur citations and civil penalties; perjury-related provisions involve a state-mandated local program.

Verification and Safe Harbor Provisions

  • A person supplying slabs or contracting for fabrication can rely on a verification system; civil penalties apply for noncompliance, but there is a safe harbor element for those who properly verify.
  • A contract for services requiring fabrication must verify certification status before engaging in fabrication.

Financial and Administrative Provisions

  • Establishment of the Slab Fabrication Activity Account within the Occupational Safety and Health Fund.
  • All related fees, penalties, and moneys collected under these provisions would be deposited into this account and may be expended upon appropriation to administer the program.
  • The bill provides that no local reimbursement is required for the mandated changes.

Data Tracking and Enforcement Support

  • The department, in consultation with the Division of Occupational Safety and Health (DOSH) and the State Department of Public Health, must track:
    • Citations for respirable crystalline silica violations and geographic hotspots.
    • New silicosis cases in fabrication shops.
    • Notices of noncompliance issued for silica-related standards.
  • The department may share data with local prosecutors to support enforcement actions.

3) Who/What Is Affected

  • Slab solid surface product fabrication shops (manufacturers, fabricators, and installers in California).
  • Suppliers of slab solid surface products (to ensure they verify certification status of customers).
  • Consumers and contractors who engage in fabrication services, who must ensure their vendors are certified or have a pending certification.
  • California workers in fabrication shops, who would be protected by enhanced silica exposure controls and monitoring.

4) Procedural and Timeline Highlights

  • By Jan 1, 2028: DIR to develop certification process and deposit system; shops may operate during pendency.
  • July 1, 2028: Certification requirements become active; initial certification and renewal processes fully in force; ongoing inspections.
  • Jan 1, 2029: DIR to evaluate implementation costs and adjust initial/renewal fees as needed.
  • July 1, 2028 (operative for supply-side provisions): Suppliers must verify certification status before delivering slabs to fabrication shops engaged in fabrication activities.

5) Additional Notes

  • The bill expands the scope of perjury-related penalties, creating broader enforcement mechanisms.
  • Establishes a dedicated account (Slab Fabrication Activity Account) to fund the program.
  • No explicit state reimbursement requirement is triggered by this act.

This summary reflects the bill’s core structure and impacts, focusing on how AB 2137 would regulate fabrication activities for slab solid surface products to improve worker safety and silica exposure controls in California.

Compiled from official sources — confirm details with the bill’s official record.

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