California Considers Ban on Engineered Stone as Cal/OSHA Confirms Escalating Silicosis Epidemic Ahead of May 21 Hearing

California regulators are moving closer to decisive action on crystalline silica artificial stone following new findings confirming a rapidly worsening silicosis epidemic among fabrication workers.

Cal/OSHA Standards Board staff have submitted a formal recommendation to grant Petition 609, a proposal by WOEMA (Western Occupational and Environmental Medicine Association) on behalf of their more than 600 medical professionals that would prohibit the fabrication and installation of engineered stone (also known as manufactured or artificial stone) containing more than 1% crystalline silica.

Importantly, the Board has not voted yet.
That decision is scheduled for Thursday, May 21 at 10:00 a.m., where public input will play a critical role. 

“What we are seeing in California is not theoretical; it is a real and growing public health emergency. Workers are developing severe lung disease at an alarming pace, and the regulatory system has not kept up with the danger,” said James Nevin, a nationally recognized trial attorney focused on occupational disease litigation.

California’s Silicosis Crisis Is Accelerating

State findings confirm that California is facing a rapidly worsening epidemic of silicosis among workers exposed to dust from crystalline silica artificial stone.

• Cases have increased dramatically in recent years
• The trajectory shows continued rapid growth
• Workers affected are often young and previously healthy

Silicosis is an incurable, progressive lung disease caused by inhaling respirable crystalline silica (RCS). Once it develops, it continues to worsen, even after exposure stops.

“Silicosis is entirely preventable, yet we’re seeing workers in their 20s, 30s, and 40s facing permanent lung damage or death,” Nevin said. “That tells us something in the system is fundamentally broken. Banning the sale and fabrication of artificial stone slabs is the only solution to ending this epidemic.”

Why Crystalline Silica Artificial Stone Is Uniquely Dangerous

After hearing from dozens of doctors, public health officials, nurses, Brayton Purcell LLP attorneys and countertop fabrication workers stricken with deadly artificial stone silicosis, the Standards Board has found that crystalline silica artificial stone is fundamentally more hazardous than natural materials.

Extremely High Silica Content 

Artificial stone typically contains up to 85–95% crystalline silica, exponentially higher than most natural stone.

Toxic Dust and Additives

Fabrication releases silica dust combined with resins and chemical compounds that increase toxicity.

Nanoparticle Exposure

Dust particles are extremely small, ultrafine, nano-sized particles that penetrate deep into the lungs and bloodstream.

Rapid and Severe Disease

Silicosis linked to artificial stone develops faster and is more aggressive than traditional forms of the disease.

“This isn’t just higher exposure; it’s a different kind of exposure,” Nevin said. “The composition of crystalline silica artificial stone creates a level of toxicity that workers simply cannot be protected from.”

Existing Regulations Are Not Protecting Workers

California has already strengthened safety standards, enforcement efforts, and training requirements.

However, the findings show: 

Safety Control Failures

Even shops with the most advanced safety controls in place expose workers to harmful respirable crystalline silica dust.

Exposure is Still High

Dangerous exposure levels persist. The permissible exposure limit (PEL) was written with natural stone as the concern, not crystalline silica artificial stone. Even with a lower PEL, workers exposed to RCS from crystalline silica artificial stone will be exposed to harmful levels of toxic nanosized particles. There is no safe way for human beings to fabricate crystalline silica artificial stone.

Enforcement Isn’t Enough

Regulators concluded that education, enforcement, and workplace controls are not enough to stop the epidemic. 

“We’ve already tried stricter rules, better equipment, and more enforcement,” Nevin said. “The evidence now shows those measures are not enough to keep workers safe in real-world fabrication environments.”

Elimination of the Hazard May Be Necessary

Cal/OSHA’s recommendation of adopting the WOEMA petition reflects a central principle of workplace safety: when a hazard cannot be controlled, it must be eliminated.

“When every layer of protection still leaves workers exposed, the only responsible path forward is to remove the hazard entirely,” Nevin said.

Based on the evidence, regulators found that prohibiting fabrication and installation of crystalline silica artificial stone may be the only effective way to prevent further disease and deaths.

Australia’s Ban Shows a Path Forward

California’s analysis looked closely at Australia’s nationwide ban on engineered stone.

There, regulators determined enforcement alone failed to protect workers. After implementing a ban: 

• Safer alternatives replaced engineered stone 

• Economic disruption did not occur 

“Australia has already demonstrated that transitioning away from these materials is both feasible and effective,” Nevin said. “There is no reason California workers should face greater risks when safer alternatives exist.”

Safer Alternatives Already Exist

The record confirms that substitutes are already available, including: 

• Natural stone 

• Amorphous silica products 

• Porcelain and other non-stone surfaces 

In considering the availability of alternatives, regulators have acknowledged that: 

“There are alternatives available, and Australia is exclusively using said alternatives due to the ban now in place.”

“This is not a question of whether alternatives exist; they already do,” Nevin said. “The question is whether we are willing to prioritize worker safety over continued exposure to a known deadly hazard.”

Additional Regulatory Findings

In responding to WOEMA’s petition, which warned: 

“[A]s physicians who specialize in occupational diseases, we expect the silicosis health epidemic to continue unless there is expedited Cal/OSHA rulemaking that effectively prohibits all fabrication and installation (processing that generates dust) of engineered stone,”

Board staff confirmed the risk, stating: 

“If workers continue to breathe in RCS, silicosis cases will continue rising.”

These findings reinforce concerns that, without stronger regulatory action, exposure and disease rates are expected to continue increasing. 

May 21 Hearing: Public Participation Is Critical

The California Occupational Safety and Health Standards Board will consider Petition 609 at a public hearing on Thursday, May 21 at 10:00 a.m. 

“This hearing is a critical opportunity for workers, families, and the public to speak directly to policymakers,” Nevin said. “Their voices matter in shaping what happens next.” 

How to Participate 

Join Online 

Webinar ID: 875 0125 0331 

Open to the public at 9:50 a.m. 

Join through the Zoom application or a web browser 

By Phone 

Dial: (669) 444-9171 

Enter Webinar ID: 875 0125 0331 

In Person 
Ronald Reagan State Building Auditorium 
300 South Spring Street 
Los Angeles, CA 90013 

“The science is clear, the cases are rising, and the consequences are devastating,” Nevin said. “The question now is whether we act before more lives are permanently affected.”

Protecting Workers Starts with Action

At Brayton Purcell LLP, our attorneys stand with workers harmed by toxic workplace exposures. If you or a loved one has been diagnosed with silicosis or another silica-related disease, contact us today to learn about your legal options.

Reach out to Brayton Purcell LLP for a consultation:

Call (800) 361-2417

Contact Us Online