Brayton Purcell LLP has launched the latest episode of its podcast, From Dust to Verdict, which delves into two critical government hearings addressing the health risks associated with artificial stone countertop fabrication. Released on January 27, 2026, this episode highlights testimony presented to the Cal/OSHA Standards Board and the U.S. House Subcommittee reviewing HR 5437, a bill that could exempt foreign crystalline silica artificial stone manufacturers from legal accountability in the United States.
Cal/OSHA Hearing Addresses Rising Health Risks
On January 15, 2026, the Cal/OSHA Standards Board convened to discuss the alarming rise of silicosis among workers in the fabrication industry. Despite the submission of a petition by the Western Occupational and Environmental Medical Association (WOEMA), which represents over 600 occupational medicine physicians, the group was not allowed to present their findings in full. In a contrasting move, the board permitted an extensive counter-presentation from the International Surface Fabricators Association (ISFA), which represents foreign manufacturers, distributors, and suppliers.
During the episode, host and partner at Brayton Purcell LLP, James Nevin, shares his brief two-minute testimony, noting that his firm advocates for approximately 500 California fabrication workers who support WOEMA’s petition. Nevin underscores the dangers posed by crystalline silica, which consists of toxic nano-sized particles that are at least 90% silica, mixed with harmful metals and resins. He emphasizes that these materials create significant health hazards that cannot be adequately controlled, even in facilities equipped with advanced safety measures.
Cal/OSHA medical experts confirmed during the hearing that over half of California’s fabrication shops have reported cases of silicosis. Testimony from Dr. Robert Blink, an occupational medicine physician, alongside Cal/OSHA scientific staff, highlighted that artificial stone poses greater risks than natural stone due to its particle size, chemical structure, and inherent toxicity. The experts indicated that safe handling of artificial stone would necessitate the use of “Level A” encapsulated hazmat suits, which are impractical in fabrication environments.
Federal Hearing Examines HR 5437 Legislation
The day prior, on January 14, 2026, a federal hearing scrutinized HR 5437, legislation designed to protect foreign artificial stone slab manufacturers from civil lawsuits initiated by U.S. workers diagnosed with silicosis. The podcast episode features remarks from Dr. David Michaels, former Assistant Secretary of OSHA and a respected epidemiologist, who described the artificial stone fabrication industry as one of the most perilous in the country. Dr. Michaels cautioned that shielding manufacturers from lawsuits would remove critical incentives for them to address the hazards associated with their products.
During the hearing, members of Congress, including Representative Jamie Raskin and Representative Hank Johnson, expressed serious concerns for affected workers. They pointed out that many younger workers now face the prospect of requiring double-lung transplants due to silicosis linked to artificial stone fabrication, a condition they stressed is entirely preventable. Their statements reiterated the unique dangers posed by the nano-sized particles and VOC-laden structure of artificial stone compared to natural alternatives.
The episode concludes with Nevin urging listeners to take action by contacting the Cal/OSHA Standards Board and California Governor Gavin Newsom to support WOEMA’s petition against crystalline silica artificial stone. He also advocates for outreach to congressional representatives to oppose HR 5437, which would limit the rights of workers and families seeking accountability from foreign manufacturers.
Brayton Purcell LLP is a well-established law firm with a long history of representing individuals and families affected by toxic exposures, including those impacted by artificial stone. The firm remains committed to public education and advocating for transparency and accountability within industries associated with hazardous materials.
For more insights, listeners can tune in to the latest episode of From Dust to Verdict.
