California regulators have taken the first step to ban the production of engineered quartz countertops in an effort to curb the spread of silicosis, which has killed more than 30 stone fabricators and sickened hundreds more.
The state Occupational Safety and Health Standards Board voted last week to adopt a petition to ban engineered stone containing more than 1% crystalline silica, marking a victory for workers who cut, grind and polish quartz and are at risk of contracting an incurable lung disease.
But the decision is just the first step in a long rulemaking process, and public health experts warn that cases and deaths among California workers will continue to rise until a ban is in place and properly enforced by regulators. In doing so, California would become the first state to overcome industry opposition and block the production and installation of toxic substances that are common in kitchens and bathrooms across the country.
At the heart of the health crisis that regulators are responding to is California’s vulnerable workforce, which is made up of mostly immigrant Latino men, many of whom are in the country illegally. Workers in manufacturing plants can inhale tiny crystalline silica particles that scar their lungs, making it very difficult to breathe. Lung transplantation is often the only treatment, but it is a dangerous and expensive treatment that may only add an average of six years to a worker’s life.
The board’s decision came after a daylong hearing in Los Angeles, where commissioners heard emotional testimony from advocates, public health experts and workers calling for immediate action. At the May 21 hearing, sick workers called from the field, hospitals and homes to describe the physical pain and emotional burden silicosis has placed on them and their families.
One worker said he was worried he wouldn’t wake up after going to sleep. Another patient said that after receiving a lung transplant, he was unable to play with his children for fear of contracting an infection. A third person, who gave first-hand testimony while administering supplemental oxygen, said the disease had cost him his life.
“How many more people have to die?” one worker asked in Spanish. “We have to do something to stop this evil.”
Jose Luis Martes, a stone worker diagnosed with silicosis, testifies at a meeting of the Occupational Safety and Health Standards Board.
The increase in silicosis cases coincides with the growing popularity of engineered stone, Elizabeth North, an industrial hygienist with Cal/OSHA, said at the hearing. He said the material is much more toxic because it has a high silica content and contains volatile chemicals and nano-sized dust particles that evade most masks.
Cases of silicosis caused by engineered stones are rapidly increasing, with more than 560 cases and 31 deaths since 2019, according to the California Department of Public Health (CDPH).
“While these numbers may be alarming, they are likely underestimates,” said Amy Heinzerling, director of the department’s Emerging Workplace Hazards Unit. She added that despite the state’s valiant efforts to strengthen technology controls, that number has doubled since 2024, when she first spoke to the board.
“The time is now to consider alternative approaches to addressing this public health crisis,” Heinzerling said.
After several hours of public testimony at a public hearing on May 21, Occupational Safety and Health Standards Board member Derek Irwin thanked the workers, calling their comments “courageous” and “impactful.”
“We’re hearing loud and clear from workers and CDPH that the control measures aren’t working and it’s not the workers’ fault,” Irwin said.
Attendees at a public meeting hold white flowers representing workers who died of silicosis.
The vote nearly stalled when Chairman Joseph Alioto Jr. suggested that the advisory committee and scientific subcommittee provide further research before issuing an emergency ruling. But other board members in attendance, Mr. Irwin and Nora Kennedy, insisted on immediate action on the petition. Ultimately, the Board unanimously adopted the petition and directed Cal/OSHA to convene an advisory committee.
“This is just the first step, but it’s a good step,” said Robert Brink, an occupational physician and spokesman for the Western Society of Occupational and Environmental Medicine, a public health group that filed a petition in December calling for a ban on engineered stones.
“This moves us forward and begins the path to rulemaking that protects California workers from exposure to this incredibly dangerous substance,” Brink added.
But Brink warned that even with the vote, California is expected to see an increase in silicosis cases over the next seven to 10 years as people who are already infected continue to get sick.
The board directed Cal/OSHA to draft an emergency interim standard that would prohibit workers from cutting or installing engineered stone, and would apply for one year until the agency develops permanent regulations. A committee of physicians, scientists, and industry representatives will advise the agency in drafting decisions.
Drafting emergency rules will likely take months, and even a ban may not be issued immediately. The agency could decide to phase in the ban or delay its implementation to give the industry time to transition to safer cooktop materials.
James Nevin, an attorney who represents more than 700 workers with silicosis, holds up samples of low-silica stone and synthetic quartz at a public hearing in Los Angeles.
In 2024, Australia became the first country to ban artificial stones containing more than 1% crystalline silica.
The industry, which has opposed a similar proposal in California, contends engineered stone can be made safely and blames non-compliant manufacturing plants for the silicosis epidemic.
This includes Cosentino, one of the world’s largest manufacturers of artificial stone, whose representatives opposed the ban at a May 21 hearing. The company is headquartered in Spain, where more than 2,500 industry-related cases of silicosis were recorded between 2007 and 2024, according to the country’s National Seguridad Social Research Institute.
“It would be irresponsible to ban a product to compensate for enforcement failures,” Matt Thurston, regional director for Cosentino North America, said at a public meeting.
Enforcement of existing workplace safety standards remains a major obstacle in controlling the spread of silicosis. In February, Alioto proposed partnering with local law enforcement and district attorneys to help crack down on noncompliant manufacturers.
California has some of the strictest regulations in the nation for handling the material, requiring wet cutting methods and gas masks, but public health experts say these are insufficient and the state is failing to properly enforce them.
Eric Berg, Cal-OSHA’s deputy director of health, research and standards, said at the hearing that the majority of the manufacturing plants inspected are no longer compliant with the latest standards. Since the end of 2023, the department has found violations in 72% of the 181 manufacturing plants it has inspected, resulting in 32 stop-work orders and approximately $1.9 million in fines, he said.
Although only about 13% of the state’s estimated 1,300-plus businesses have been inspected, Cal/OSHA staff suspect that the majority of uninspected businesses are also likely operating with multiple violations.
An analysis by board staff suggested that “prohibition may be the quickest and most cost-effective way to reduce silicosis cases in California,” Marjon Juibari said at the hearing.
But state officials acknowledged that the ban could “unintentionally further hide parts of the industry, lack safety protections, and further heighten health risks.”
Most manufacturing plants in California are small operations, with a median number of employees of 5. Cal/OSHA reported that because independent contractors are outside Cal/OSHA’s enforcement scope, employers often misclassify workers as independent contractors “to avoid responsibility for the health and safety of their employees.”
Still, enforcement of the ban could be easier because Cal/OSHA only needs to determine whether a product is being used, rather than how it is being treated, according to agency staff.
Under the ban, it would be illegal to install engineered stone inside homes, but consumers may still have access to the material in the state. Cal/OSHA can only enforce workplace regulations and cannot ban the sale, import or distribution, as Australia did two years ago banning the sale and use of artificial stone.
That means the success of California’s ban will be, to some extent, in the hands of consumers.
Hilario Rivera, a stone worker diagnosed with silicosis, testified at the hearing.
Countertop worker Hilario Rivera, 57, urged customers to be aware of the impact engineered stone has on workers and to choose safer alternatives.
Rivera, who has worked in the industry for 30 years, said manufacturing workers weren’t warned about the dangers when engineered stone started replacing natural stone. He always used wet cuts and masks, but was diagnosed with silicosis earlier this year.
“I’m glad they made this decision,” Rivera said after the vote. “Because what I really want is for no more people to get sick.”
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