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Legislation Blocks Silicosis-Afflicted Countertop Workers from Suing

The ongoing crisis surrounding silicosis among countertop workers has become a significant concern for regulators in the United States. This deadly lung disease predominantly affects workers who handle quartz and engineered stone used in kitchen and bathroom countertops. In a recent California hearing, workplace safety regulators considered a proposal to ban cutting these materials due to the hazardous silica dust they produce. Meanwhile, in Washington, lawmakers debated a bill aimed at preventing workers from suing manufacturers of engineered stone slabs.

Legislation and Workers’ Health

Currently, over 500 countertop fabricators have reported serious lung illnesses in California since 2019. Tragically, more than 27 have died, with many more requiring lung transplants. The demographic most affected includes Hispanic males, often in their 30s and 40s.

  • Number of ill workers since 2019: Nearly 500 in California
  • Workers requiring lung transplants: 50+
  • Confirmed deaths: 27

Activist organizations argue that rather than shielding manufacturers from litigation, a ban on these harmful stone materials is necessary. Raphael Metzger, an attorney representing countless afflicted workers, criticized the proposed legislation. He argued that the real danger lies in the materials themselves, rather than the legal avenues available to those harmed.

Manufacturer Responses

Cambria, a leading manufacturer of engineered quartz in the U.S., asserted their commitment to safe fabrication practices. Rebecca Shult, their chief legal officer, emphasized that Cambria controls dust exposure at their facilities through proper ventilation and modern wet cutting techniques. However, they face about 400 lawsuits filed by workers previously employed in other fabrication shops.

While some manufacturers argue that regulations should focus on unsafe practices at countertop shops, advocates for the workers insist that manufacturers must also be held accountable for their products. David Michaels, a former OSHA director, highlighted the industry’s troubling lack of accountability and the inadequate regulatory oversight in place.

Industry Disparities and the Push for Action

The countertop industry’s crisis reflects deeper systemic issues, including substantial gaps in safety regulations and enforcement. A survey conducted by the Los Angeles County Department of Public Health revealed that many small and medium-sized fabrication shops do not comply with current safety standards. Alarmingly, around 25% of these facilities still engage in dry cutting, a practice known to release dangerous silica dust.

Advocates, including the Western Occupational & Environmental Medical Association (WOEMA), have called for an outright ban on cutting high-silica engineered stone. This recommendation is based on the premise that reliance on employer-implemented safety measures is insufficient to protect workers.

The Legislative Landscape

A congressional hearing revealed contrasting interests between workers’ health advocates and industry representatives. Lawmakers such as Rep. Hank Johnson raised concerns regarding proposed legislation that could grant legal immunity to manufacturers, emphasizing that such a move would neglect the health risks faced by workers in this sector.

As the debate continues, experts warn that bypassing accountability for manufacturers could lead to worsening conditions for workers, contributing further to the rise of silicosis cases. With approximately 100,000 individuals employed in the countertop industry nationwide, the urgency for comprehensive legislative action and workplace reforms remains critical.

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