H.R.5437 and the Silicosis Crisis: Key Takeaways from the Congressional Hearing

On January 14, 2026, the House Judiciary Subcommittee held a hearing titled “Between a Rock and a Hard Place: Protecting the American Stone Slab Industry.” The discussion centered on H.R.5437 – Protection of Lawful Commerce in Stone Slab Products Act, a bill that would grant immunity to the mostly foreign manufacturers and sellers of stone slabs—including crystalline silica artificial stone—from lawsuits related to injuries or illnesses caused by their products.

This proposed legislation has sparked significant controversy among lawmakers, labor advocates, and medical professionals. At the heart of the debate is the growing epidemic of artificial stone silicosis, a deadly and incurable lung disease linked to artificial stone fabrication.

What Does H.R.5437 Propose?
H.R.5437 seeks to shield the mostly foreign manufacturers and distributors of stone slabs from federal and state civil litigation—even for pending cases. Critics argue this would:

• Remove accountability for hazardous products.
• Eliminate compensation options for workers suffering from silicosis.
• Undermine incentives for safer industry practices.

The Silicosis Epidemic
Crystalline silica artificial stone—also referred to as engineered or manufactured stone—contains at least 90% crystalline silica, along with resins that produce volatile organic compounds (VOCs) and toxic metals. Cutting, grinding, and polishing these slabs releases nano-sized respirable crystalline silica (RCS) and other toxic particles that penetrate deep into the lungs, causing accelerated silicosis.

Key facts:

• Nearly 500 cases of silicosis have been reported in California alone, with 27 deaths and 52 lung transplants as of January 2026.
• This is not a problem limited to so called “few bad actor shops”.  As of January 2026, 52% of countertop fabrication shops in California have confirmed cases of artificial stone silicosis.
• Many affected workers are young, and employed in small fabrication shops with limited resources.
• Silicosis is incurable and fatal; prevention through the banning of crystalline silica artificial stone is the only effective intervention.

Highlights from the Hearing

David Michaels, PhD, MPH (Former OSHA Assistant Secretary)

“Silicosis is a devastating, deadly, and thoroughly preventable disease. The artificial stone fabrication industry is one of the most hazardous of all industries where workers are exposed to silica dust.”

Michaels warned that passing H.R.5437 would “result in more disease and death”, as lawsuits are the most effective mechanism to push manufacturers toward safer alternatives. He noted:

• Australia banned artificial stone containing crystalline silica in 2024 after failed attempts to make fabrication safe.
• Safer substitutes such as recycled glass exist and are already sold in Australia without job loss and are even already sold in the U.S. along-side the uniquely toxic crystalline silica artificial stone.
• OSHA lacks resources to enforce silica standards effectively; inspections are rare, and penalties minimal.

AFL-CIO Position
The AFL-CIO strongly opposes H.R.5437:

“This bill would shield manufacturers and sellers of all stone slabs from accountability for a dangerous product by granting them immunity—even for pending cases.”

The union emphasized that legal action is the only source of compensation for medical treatment and accountability for workers, many of whom are immigrants and people of color.

Medical Experts’ Letter
Dr. Jane Fazio and Dr. Sheiphali Gandhi wrote:

“Artificial stone cannot be fabricated safely. These products contain extremely high concentrations of crystalline silica—often exceeding 90%. Even with modern dust controls, cutting, grinding, and polishing artificial stone releases respirable silica at levels that overwhelm existing engineering and personal protective measures.”

They stressed that silicosis is incurable and prevention requires eliminating hazardous products—not shielding foreign manufacturers from liability.

Economic and Ethical Dimensions
Opponents argue the bill:

• Protects foreign manufacturers (who supply 99% of the crystalline silica artificial stone in the U.S.) at the expense of U.S. workers.
• Ignores the predictable and well-documented “uniquely toxic” hazards of crystalline silica artificial stone fabrication.
• Undermines incentives for industry innovation toward safer materials.

Global Perspective
Australia’s ban on artificial stone containing crystalline silica demonstrates that:

• Safer alternatives such as recycled glass already exist and are commercially viable.
• Prohibition can protect workers without harming jobs or businesses.
• The U.S. will fail in addressing a public health crisis if H.R.5437 passes.

Conclusion
The hearing underscored a stark reality: silicosis is preventable, yet hundreds of workers are suffering and dying because they’ve been exposed to deadly nano-sized crystalline silica particles coated in toxic metals and resins through the fabrication of crystalline silica artificial stone slabs. H.R.5437 would not solve this crisis—it would exacerbate it by removing accountability. As lawmakers weigh this legislation, the voices of affected workers, medical experts, and labor advocates demand urgent attention to health, safety, and justice.

Stay informed about H.R.5437 and its implications. Support initiatives that prioritize worker health and promote safer alternatives. Share resources to raise awareness about crystalline silica artificial stone hazards and the artificial stone silicosis epidemic.

Have you, a family member, or a friend worked in artificial stone countertop fabrication?
Exposure to respirable crystalline silica dust from artificial stone can lead to silicosis—a fatal and incurable lung disease. Brayton Purcell LLP has a highly experienced legal team ready to help you understand your rights and explore available options.

Contact us today for more information or confidential assistance:
 Phone: (800) 361-2417
Website: https://www.braytonlaw.com/contact