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October 5, 2026
In an October 5, 2026, article for The New York Times, reporter Rebecca Davis O’Brien examines California’s ban on the production and installation of artificial stone containing more than 1% crystalline silica. The emergency regulation will make California the first state to prohibit these products in response to the deadly silicosis epidemic among countertop fabrication workers.
According to the article, as of September 2026, California has confirmed 657 cases of silicosis and 35 silicosis-related deaths among countertop workers since 2019. These figures reveal the devastating human consequences associated with a material commonly marketed for kitchen and bathroom countertops.
Artificial stone, also referred to as engineered stone or manufactured stone, is composed of at least 90% crystalline silica. The remaining materials include resins, pigments, and other substances that release volatile organic compounds (VOCs) during fabrication.
When artificial stone is cut, ground, drilled, or polished, nano-sized, high-surface area, crystalline silica particles are released into the air.
Once inhaled, these particles become lodged deep within the lungs, triggering inflammation, progressive fibrosis, and irreversible scarring. Artificial stone silicosis is incurable and continues to progress after exposure ends. California health authorities describe it as a severe disease that worsens over time and leads to death. [cdph.ca.gov] Silicosis becomes a reportable disease, [cdph.ca.gov] Silica Hazard Alert for Workers
The severity of the disease is captured in one of the article’s most troubling observations:
“By the time silicosis is diagnosed, patients often need a single or double lung transplant.”
The concern extends well beyond California. The New York Times article notes that health officials in New York recently issued an advisory to healthcare providers regarding cases of silicosis among individuals who worked with artificial stone. Massachusetts also issued a public health advisory warning about the hazards associated with respirable crystalline silica generated during artificial stone fabrication. These developments reflect growing recognition across the United States that artificial stone silicosis is not a localized problem but part of a broader public health crisis.
California regulators have been equally direct in describing the danger. As quoted by the New York Times, Denisse Gómez, spokesperson for California’s Department of Industrial Relations, stated:
“The standards board’s decision reflects the urgent need to protect workers from a product that has proven uniquely hazardous.”
The article also quotes occupational health researcher and former OSHA Administrator David Michaels, who described the broader significance of California's action:
“Cal-OSHA issuing this rule sends a message to other OSHA programs. But it also sends a strong signal to the countertop markets. It tells consumers and countertop manufacturers and big-box stores that they all must shift to a safer alternative.”
Why Protective Equipment Is Not the Answer
Several New York Times readers who made comments on the article asked a common question: Why not simply require masks, respirators, ventilation systems, water suppression, and other protective measures rather than ban the product?
At first glance, that argument may seem reasonable. Respiratory protection, wet cutting methods, ventilation, and dust suppression systems have all been used in efforts to reduce exposure. However, hundreds of peer-reviewed studies have shown that crystalline silica artificial stone cannot be fabricated safely by human beings, even when the most sophisticated protective systems are in place.
The discussion must not assign blame to workers, employers, or individual fabrication businesses. The danger originates with the material and the toxic dust that fabrication inevitably produces. Artificial stone’s extremely high crystalline silica concentration, nano-sized particles, and additional toxic components create a uniquely hazardous exposure. Published research has documented extremely high dust concentrations during fabrication, including when wet methods, ventilation, and personal protective equipment were used. [braytonlaw.com]- What Science Reveals, Peer-reviewed research on artificial stone silicosis, [braytonlaw.com] Why traditional safety controls fail the heirarchy of controls and artificial stone exposure
One commenter claimed that using water, a vacuum, and a mask would prevent silica dust from entering the lungs. That comment reflects a fundamental misunderstanding of artificial stone fabrication. These measures do not eliminate the nano-sized particles released during cutting, grinding, drilling, and polishing. The continuing occurrence of accelerated silicosis among artificial stone fabrication workers demonstrates why systems designed to reduce visible dust do not make the material safe.
The regulation therefore does not reflect a judgment about whether particular people followed instructions. It recognizes that crystalline silica artificial stone itself presents an unacceptable and unavoidable hazard during fabrication.
Public Comments Reveal Important Misconceptions
Other commenters compared artificial stone with granite, marble, and quartzite. Cutting any silica-containing material requires caution, but artificial stone presents distinct dangers. It combines at least 90% crystalline silica with nano-sized particles and an approximate 10% mixture of other toxins and carcinogens. Researchers have documented that artificial stone silicosis emerges after short latency periods, progresses rapidly, carries high rates of severe illness and leads to death. In contrast, there is not a single published report of a natural stone countertop fabrication worker getting silicosis, ever, anywhere in the world. [braytonlaw.com] Understanding the Rise of Artificial Stone Silicosis
The article quotes Rebecca Schult, chief legal officer for Cambria (the largest US manufacturer of artificial stone slabs) as saying:
“The problem is the process, not the product.”
That argument collapses when the product cannot be fabricated without the process releasing hazardous substances. A countertop slab must be cut, shaped, drilled, ground, polished, and finished before installation. Fabrication is not an incidental or avoidable misuse of artificial stone. It is an essential step in turning the slab into a countertop.
One commenter expressed the consumer perspective clearly:
“There’s no way I’m buying something that could worsen the health of somebody.”
Consumers have selected artificial stone without being informed about its human cost. California’s prohibition places that cost at the center of the conversation and directs the countertop market toward safer alternatives.
A Turning Point in the Artificial Stone Silicosis Crisis
California’s action follows Australia’s prohibition of artificial stone containing more than 1% crystalline silica. The California rule similarly prohibits the manufacture and fabrication of artificial stone above that threshold.
The regulation represents an important acknowledgment of what the medical evidence has established: artificial stone fabrication exposes human beings to a uniquely toxic mixture that causes aggressive, incurable, and fatal lung disease.
James Nevin, partner at Brayton Purcell LLP (representing over 700 artificial stone countertop fabrication workers), said:
“California’s ban recognizes what medical and scientific literature has demonstrated repeatedly: crystalline silica artificial stone cannot be fabricated safely by human beings. This is not a question of individual conduct or whether another protective measure should be added. The danger is inherent in a uniquely toxic product that releases nano-sized silica particles and other toxic substances whenever it is cut, ground, drilled, or polished. When inhaled, those particles cause artificial stone silicosis. The disease is preventable, irreversible, and deadly. Enough is enough.”
Call to Action
If you or a family member has fabricated or installed artificial stone and received a diagnosis of silicosis, pulmonary fibrosis, lung cancer, or another silica-related disease, understanding your legal rights is important. The experienced attorneys at Brayton Purcell LLP represent individuals and families affected by occupational diseases and toxic exposures.
Contact Brayton Purcell LLP today for a free and confidential consultation to discuss your potential claim and learn whether legal remedies may be available to you and your family.
Read the Full Article
Read Rebecca Davis O’Brien’s full New York Times article, “California Prepares to Ban Quartz Countertop Production.”