Cal-OSHA Updates Engineered Stone Worker Protection Rules

James Nevin, partner at Brayton Purcell LLP, was quoted in the December 13, 2023 Los Angeles Times article – California embraces emergency rules to protect countertop workers from incurable silicosis as stating: The state’s emergency measure is “an important next step in the right direction,” but does not go far enough to protect workers, said James Nevin, an attorney with Brayton Purcell, one of the firms representing countertop workers and their families.  Nevin said it ignores research showing that even when protections are in place, “the levels of silica are still too high and still cause silicosis.” Georgia Tech researchers, for instance, found that wet methods and ventilation did not bring silica levels below the exposure limit when workers were cutting engineered stone.

When reached for further comment, Mr. Nevin further stated that: “It is the result of a compromise on the standards committee between health experts on one side and the strong manufacturer lobby on the other, and therefore it does not go far enough to protect workers.  For example, the projected prevalence rates of silicosis and deaths are far under-stated.  Additionally, it essentially adopts the manufacturers’ assertion that the problem is caused by  fabrication shop employers not following OSHA rules.  It ignores that fact the most fabrication shops simply cannot afford the high costs to implement the OSHA measures.  It ignores that OSHA utterly lacks the capacity to enforce these rules.  And, finally it ignores the recent findings from SafeWork Australia that it is simply not possible to make fabrication of engineered stone safe for fabrication workers and therefore it must be banned.”

Contact us today if you have been diagnosed with silicosis.