Public hearing set for May 21 as regulators consider findings that material may be too dangerous to fabricate safely

NOVATO, Calif., May 19, 2026 /PRNewswire/ -- Brayton Purcell LLP, a nationally recognized law firm representing workers harmed by toxic exposures, is highlighting a new recommendation from Cal/OSHA and staff of the California Occupational Safety and Health Standards Board to advance Petition 609—a proposal by the Western Occupational and Environmental Medicine Association (WOEMA), representing more than 600 medical professionals, that could lead to restrictions or prohibition on fabrication and installation of engineered stone (also referred to as manufactured or artificial stone) containing more than 1% crystalline silica.

The recommendation follows findings linking exposure to crystalline silica artificial stone to a rapidly worsening silicosis epidemic among California workers.

The Standards Board has not yet voted on the recommendation. A public hearing is scheduled for May 21, 2026, at 10:00 a.m., where the Board will consider the proposal and receive public comment.

As artificial stone countertops remain widely used across the United States, the outcome of California's regulatory decision could have significant national implications for manufacturing practices, and product availability. Public health experts and legal advocates are increasingly viewing California as a bellwether for how other states may respond to the growing body of evidence linking crystalline silica engineered stone to severe occupational disease.

"This is one of the most urgent occupational health issues we are seeing today," said James Nevin, Partner at Brayton Purcell LLP. "The rise in silicosis cases shows that traditional protections used for natural stone are not effective, and workers are continuing to be exposed to dangerous levels of silica dust."

FINDINGS

Based on testimony provided over numerous hearings from doctors, nurses, public health officials, Brayton Purcell LLP attorneys, and California countertop fabrication workers, Cal/OSHA determined that engineered stone:

• Contains extremely high levels of crystalline silica
• Produces hazardous airborne dust during fabrication
• Can expose workers even under regulated conditions

The agency concluded that the material is inherently dangerous and that current regulatory approaches have not prevented disease.

In response to WOEMA's petition, which stated:

"[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."

The Board responded:

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

Additionally, in response to the petition's statement:

"This action is necessary to protect these workers and their families from a deadly disease and to open the market for safer products, which are already commercially available."

The Board stated:

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

"The evidence now shows that even well-intentioned safety measures cannot prevent exposure in real-world conditions," Nevin said. "That is why regulators are being forced to consider more fundamental changes."

HEARING DETAILS

The Board will consider the recommendation at a public meeting:

Date: Thursday, May 21, 2026
Time: 10:00 a.m.

You can participate:

Join the Zoom hearing on 5/21 at 10 AM

How to Join Online: Go to https://tkoworks.zoom.us/j/87501250331 Enter Webinar ID: 875 0125 0331 Join the meeting through the Zoom application OR through your web browser Video conference will be opened to the public at 9:50 a.m.

By phone: Dial 1 (669) 444-9171 Enter Webinar ID: 875 0125 0331 and follow the prompts. Tele-conference will be opened to the public at 9:50 a.m.

In Person:

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

"This is a pivotal moment," Nevin said. "We have an opportunity to prevent future cases of a completely avoidable disease. The outcome of this process will have lasting consequences for worker safety across California and potentially across the country."

About Brayton Purcell LLP

Brayton Purcell LLP is a nationally recognized plaintiffs' law firm representing individuals harmed by toxic exposures, including asbestos and crystalline silica. The firm has long been at the forefront of occupational disease litigation and advocacy, working to hold corporations accountable and advance protections for workers affected by preventable illnesses.

Media Contact

Nolan Lowry
Brayton Purcell LLP
Email: nlowry@braytonlaw.com
Phone: (415) 399-3107

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SOURCE Brayton Purcell LLP