Episode 9: 600+ Doctors Petition Cal-OSHA to Ban Artificial Stone
Host: James Nevin, Partner at Brayton Purcell LLP
Hello everyone. Welcome back to another episode of From Dust to Verdict. I'm your host, James Nevin, a partner at the law firm of Brayton Purcell LLP. This podcast is dedicated to the epidemic of accelerated silicosis in artificial stone countertop fabrication workers. In each episode, we explore important topics and issues about this occupational health epidemic as well as the associated lawsuits.
Today in episode 9, we bring to you the breaking news of the December 18th, 2025, hearing of the Cal-OSHA Standards Board, where the Western Occupational and Environmental Medicine Association or WOEMA has petitioned for the immediate prohibition of artificial stone slabs.
Before we dive into the petition, let's take a moment to recap who is involved. The vast majority of the crystalline silica toxic artificial stone slabs are made by foreign manufacturers. They are then distributed to the US where local fabrication shops must prepare them for installation as countertops. These foreign manufacturers are making over $25 billion a year while young fabrication workers in California and other states are dying. The occupational medicine doctors of WOEMA are on the front lines of trying to address this emergency epidemic of dying workers.
The lobby groups that will oppose the WOEMA petition are the Natural Stone Institute or NSI, the International Services Fabricators Association (ISFA), and similar slab industry lobby groups that entirely represent the interests of the slab manufacturers. There is no real fabrication workers union.
At Brayton Purcell LLP, we represent over 500 California fabrication workers and almost 200 fabrication workers from other states with silicosis and other silica related diseases. I can tell you that these 700 fabrication workers support WOEMA’s position. And the hundreds of other fabrication workers represented by a few of our colleagues feel the same way. They do not want any more of their brothers, sons, and friends dying like they are from fatal silicosis caused by crystalline silica artificial stone slabs.
So now let's review the petition. The Western Occupational Environmental Medicine Association or WOEMA has petitioned the Cal-OSHA standards Board to urgently revise 8 CCR § 5204 to prohibit all fabrication and installation of countertops made from artificial stone slabs containing more than 1% crystalline silica, citing a continuing epidemic of silicosis among California countertop fabrication workers exposed to silica dust from such artificial stone products.
WOEMA is a group of over 600 occupational medicine specialist doctors in the seven Western states of California, Arizona, Hawaii, Nevada, Utah, Colorado, and New Mexico. They state that the 2023 emergency temporary standard, or ETS, has not stopped the artificial stone epidemic.
They explain that the recent SB 20 focus on fabrication employers will only stop disease from natural stone and recycled glass, not from artificial stone.
Based on extensive published literature and epidemic tracking tools, WOEMA clearly states that crystalline silica, artificial stone slabs are too toxic and hazardous to fabricate into countertops or install safely. Even with enforcement of workplace regulations, they advocate for an expedited prohibition on crystalline silica, artificial stone slabs to stop the epidemic and replace the market with safe alternatives.
They remind us that according to NIOSH, OSHA and countless global, peer-reviewed studies, the most effective method to prevent occupational disease is elimination of hazardous products and substitution with safer materials. They know that these same foreign artificial stone slab manufacturers and suppliers already make and sell recycled glass slabs made from amorphous silica, which is much safer, but has the same quality, look, and feel as the toxic crystalline silica artificial stone. This product is already sold in the U.S., and it is all that is sold in Australia since, they passed a ban on crystalline silica artificial stone.
WOEMA states that the market changes in Australia following their ban, demonstrate that switching to safer products would not impose significant economic burdens on suppliers, fabricators, or customers, since existing dust control methods would remain applicable and the California market could quickly switch to safer products.
WOEMA presents evidence compiled from over 100 published peer reviewed studies in the last 10 years on artificial stone silicosis.
The CDPH Artificial Stone Silicosis surveillance dashboard is now up to 450 cases and 25 deaths with a median age of workers being only 46 years old and some as young as 24.
They cite to studies demonstrating that unlike silicosis from other sources, silicosis from crystalline silica artificial stone develops faster and with less exposure.
WOEMA explains that both the short latency and the rapid progression of artificial stone silicosis is caused by the unique toxicity of this artificial stone slab product due to the synergistic effects of high content, nano-size, crystalline silica, volatile organic compounds from the resins used in its manufacturer, and trace metals found in the slabs.
WOEMA warns that the number of fabrication workers with fatal silicosis has continued to increase, and will continue to increase, unless the artificial stone slabs are removed from the fabrication process.
The petition details a result of several different studies from 2019 through 2025 that found that well over 50% of countertop fabrication shops remain above the OSHA permissible exposure levels, or PEL, for airborne silica levels, even when wet methods and other mandated engineering controls are used.
WOEMA cites to a report of 122 inspections in 2025 that found that 94% of fabrication shops were unable to comply with engineering control requirements.
The petition highlights Australia's successful prohibition of engineered stone containing more than 1% crystalline silica implemented in response to a similar silicosis epidemic, and recommends California adopt this model, noting positive early outcomes and recommendations for improved implementation.
WOEMA emphasizes that safer alternatives are widely available and competitively priced in Australia, including recycled glass made from amorphous silica, porcelain, and natural stone with no economic impact to fabricators or consumers.
The petition cautions that while alternative products are safer, ongoing enforcement of safe work practices is essential due to limited data on the risk of amorphous silica and the fact that natural stone still does contain crystalline silica.
The over 600 occupational medicine doctors from the seven Western states conclude with their request that the Cal-OSHA standards board expedite a prohibition on all fabrication and installation of artificial stone with more than 1% crystalline silica to prevent further cases of devastating and entirely preventable fatal silicosis in young countertop fabrication workers.
Now, let me restate. The almost 700 fabrication workers with fatal silicosis that we represent at Brayton Purcell, LLP, join in WOEMA's request. The success of Australia's ban of toxic crystalline silica artificial stone slabs shows us that nobody in the industry will lose their jobs, consumers will still have access to countertops, the California fabrication industry can rapidly convert to recycle glass slabs and natural stone slabs. They look the same, they fabricate the same, and they cost essentially the same. They existed in the market before artificial stone. They exist in the market now but are drowned out by the toxic artificial stone. They are essentially the same product minus the killing of the fabrication workers. We urge Cal-OSHA to do it now, do it fast, prohibit all stone slabs with more than 1% crystalline silica. And, we urge other states to quickly do the same. Do not be fooled into sacrificing the lives of any more young fabrication workers in the US so that the mostly foreign artificial stone slab manufacturers can continue to reap huge profits.
Thank you for tuning in to this episode From Dust to Verdict. I'm your host, James Nevin, from the law firm of Brayton Purcell LLP. Remember to share, like, and subscribe. Stay tuned for our next episode where we will continue our discussion of the artificial stone silicosis epidemic, as well as the associated litigation. Para todos los que hablan español, les recomiendo que escuchen la versión en español de este podcast, presentado por mi buen amigo Charley Velasco Ariza.