§ 5204.1 Prohibition of the Manufacture and Fabrication of Artificial Stone Slabs or Panels Containing 1.0 % or More Crystalline Silica. Crystalline Silica Activities Strictly Prohibited
( a) Scope.
( 1) This section applies to the manufacture or fabrication of countertops, backsplashes, walls, flooring, waterfall countertop edges, shower and bath surrounds, fireplace surrounds, table and bar tops, cladding, and similar products made from artificial stone slabs or panels containing 1.0 % or more crystalline silica in any place of employment.
( 2) Installation of artificial stone slabs or panels containing 1.0 % or more crystalline silica is prohibited as specified in section 1532.3( a)( 3).
( b) Effective [ OAL INSERT EFFECTIVE DATE OF EMERGENCY REGULATION PLUS 60 DAYS ], the manufacture or fabrication of artificial stone containing more than 1.0 % or more crystalline silica by weight is strictly prohibited in any place of employment.
( c) Definitions
( 1)“ Artificial Stone” means any reconstituted, artificial, synthetic, composite, engineered, or manufactured stone slab or panel 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 or panel.
( A) EXCEPTION: The following are not“ artificial stone”: 1. Fired ceramic and porcelain tiles and panels are not artificial stone. 2. Natural stone slabs and panels if the stone has not been crushed, pulverized, ground, powdered, milled, or similarly processed. 3. Sintered stone slabs and panels that contain no binders. 4. Terrazzo tiles, panels, and slabs. Terrazzo consists of chips of natural stone, glass, or shell embedded into a binder of cement or epoxy. 5. Concrete or cement-based slabs and panels that contain no other binders other than cement.
( 2)“ Installation” means on-site fitting, placement, positioning, leveling, securing, and assembly of artificial stone slabs that were previously fabricated. This is limited to minor on-site adjustments to improve fit and does not include fabrication activities. The following activities are considered fabrication and not installation:
( A) Cutting or enlarging openings for sinks, faucets, cooktops, fixtures or appliances;( B) Creating or modifying edge profiles;( C) Polishing, grinding, honing, sanding, resurfacing, refinishing, or laminating;( D) Routing, coring, drilling, shaping or contouring;( E) Creating, modifying, or finishing waterfall edges;
( F) Any alteration that removes material from the slab beyond that necessary for a minor fit adjustment.