Silicosis Lawsuits: Countertop Cutters & New Legislation – NPR

by ethan.brook News Editor

Deadly Dust: Quartz Countertops Spark Health Crisis and Legal Battle

A growing epidemic of silicosis among countertop workers is pitting regulators against manufacturers, as a debate intensifies over whether to ban the material itself or shield companies from lawsuits.

An alarming rise in severe lung disease among those who cut and polish kitchen and bathroom countertops has triggered a national reckoning. Regulators are grappling with drastically different responses, with California considering a ban on engineered quartz-a popular countertop material-while a bill in Congress proposes to limit workers’ ability to sue the manufacturers of the slabs.

“They’ve got it backwards,” says an attorney representing numerous countertop workers in California. “It’s not the lawsuits that should be banned, it’s the stone slabs that should be banned, because they are deadly and they cannot be fabricated safely.”

The crisis stems from the high silica content in engineered quartz, which releases dangerous respirable crystalline silica dust when cut or polished. Prolonged exposure to this dust can cause silicosis, a debilitating and often fatal lung disease. Cases are surging across the country, with clusters reported in Colorado, Washington, and Massachusetts, highlighting the national scope of the problem. One worker, Leobardo Segura Meza, voiced a chilling concern in 2023, warning that there may “not enough lungs” for all the transplants needed within the 100,000-person industry.

Industry Response and Legal Battles

Cambria, the leading manufacturer of engineered quartz in the United States, argues that the material can be fabricated safely with proper ventilation and wet cutting techniques, pointing to its own fabrication shops as evidence. “This demonstrates that quartz can be fabricated safely,” said Rebecca Shult, the company’s chief legal officer, during a recent congressional hearing. she accused smaller countertop businesses of cutting corners on safety measures, labeling them “American sweatshops.”

Cambria currently faces approximately 400 lawsuits from workers with lung disease, but maintains it is not responsible for the conditions in third-party fabrication shops.

However, workers’ advocates strongly disagree.”in my years in occupational health, I have never seen an industry say, ‘We sell a dangerous product but we have no obligation for it onc it leaves our factory,'” said David Michaels, an epidemiologist with George Washington University and a former director of OSHA.

A Potential Ban and Congressional Interference

The Western Occupational & Environmental Medical Association (WOEMA) has petitioned California regulators to ban the cutting of engineered stone altogether, citing its inherent dangers. A report suggests such a ban would be the most effective preventative measure, as it wouldn’t rely on individual employers to implement adequate controls. Australia has already taken this step, banning engineered stone after a similar crisis emerged.

Simultaneously occurring, in Washington, Republicans on a House judiciary subcommittee are considering legislation that would shield manufacturers and suppliers from lawsuits. Representative Hank Johnson, D-Ga., questioned the motives behind this bill, suggesting it was a “handout to a millionaire friend of Donald Trump,” referring to Cambria’s CEO, Marty Davis, a Republican donor.

Distributors are also feeling the pressure, with companies like Natural Stone Resources facing dozens of lawsuits despite not directly cutting or polishing the stone. “We’re just being hammered,” said Gary Talwar, the company’s vice president, adding that many in the industry are facing mounting legal costs and insurance challenges.

Enforcement Challenges and a Looming Crisis

Despite stricter workplace standards recently passed in California, compliance remains low. Recent visits to over 100 fabrication shops revealed that officials did not observe workers wearing appropriate respiratory protection during high-risk tasks, and an estimated 25% of shops continue to dry-cut stone-a particularly dangerous practice.

Michaels, the former OSHA director, warns that a lack of sufficient workplace inspectors and potential funding cuts for OSHA will hinder enforcement efforts. He believes the proposed legislation to ban lawsuits is a “death sentence” for workers, removing the incentive for manufacturers and distributors to prioritize safety.

The situation demands urgent action to protect the health and lives of those who work with engineered quartz, and the path forward remains fraught with legal and political challenges.

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