( 3) Records and documentation required by this section shall be maintained in accordance with section 3204, be provided to the Division upon request, and be provided to employees and employee designated representatives in accordance with section 3204.
( h) Limited Exceptions to section 5204.1.
( 1) EXCEPTION 1 to section 5204.1: Employers may continue to manufacture or fabricate artificial stone containing greater than 1.0 % or more crystalline silica by weight that the employer purchased, entered into a binding supply or purchase agreement for, contracted for, or had in its possession prior to [ OAL INSERT EFFECTIVE DATE OF EMERGENCY REGULATION ]. However, no manufacture or fabrication of any kind may occur after [ OAL INSERT EFFECTIVE DATE OF EMERGENCY REGULATION PLUS 180 DAYS ]. This exception applies only to employers that fully comply with section 5204.
( 2) EXCEPTION 2 to section 5204.1: Sampling and analysis to identify a product or material and its contents is not prohibited.
( i) If any provision of this section, or its application to any employer or circumstance, is held invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the remainder of the section, including the application of such provision to other employers or circumstances, shall not be affected and shall remain in full force and effect. The expiration, repeal, rescission, or amendment of this section shall not affect any liability, penalty, enforcement action, administrative proceeding, civil action, criminal prosecution, or other remedy arising from a violation that occurred while this section was in effect. Any violation occurring before the effective date of expiration, repeal, rescission, or amendment may be investigated, cited, prosecuted, adjudicated, and penalized to the same extent as if this section had remained in effect.
§ 5204. Occupational Exposures to Respirable Crystalline Silica.( a) Scope and application. * * * * *
( 5) Section 5204.1 also applies to prohibits the fabrication or manufacture of artificial stone slabs or panels with more than 1.0 % or more crystalline silica. Employers shall comply with section 5204 for such products while the prohibition is not in effect or does not apply. Where the 5204.1 prohibition is in effect, an employer may be cited for violation of this section in addition to any violation of 5204.1.
( b) Definitions. For the purposes of this section the following definitions apply:
* * * * *( 2)“ 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.