Brayton Purcell LLP announced on April 18 that it is expanding its efforts in California to support a petition submitted by the Western Occupational and Environmental Medical Association (WOEMA) to the Cal/OSHA Standards Board. The petition seeks to prohibit the manufacture of artificial stone containing more than one percent crystalline silica, while also drawing attention to new research from Capital & Main regarding proposed federal legislation that would limit legal claims against manufacturers of artificial stone.
The issue has gained urgency as cases of silicosis among workers handling engineered stone continue to rise. According to a recent report from Capital & Main, at least 29 people have died and over 500 have become ill with silicosis linked to artificial stone in California alone. The proposed federal legislation, introduced by Representatives Tom McClintock and Andy Biggs, would restrict certain civil lawsuits against manufacturers and sellers of engineered stone slabs.
Brayton Purcell LLP currently represents more than 700 workers involved in manufacturing artificial stone. James Nevin of Brayton Purcell LLP said that publicly reported case numbers may significantly underestimate the true extent of the disease. “James Nevin [of Brayton Purcell LLP], an attorney representing more than 500 fabrication workers in California and another 200 nationally, asserted this is a serious undercount and said data from his own law firm suggests the real number of silicosis cases is much higher.” Nevin added, “It’s not just a few bad actors. It’s most shops, including very sophisticated shops,” referencing clients who developed silicosis despite working with advanced equipment.
WOEMA’s petition calls for banning engineered stone slabs with high crystalline silica content due to what it describes as rapid increases in severe lung disease among countertop fabrication workers and limitations in current controls for preventing illness. Brayton Purcell LLP has supported WOEMA’s petition through advocacy efforts and public education about health risks associated with high-silica engineered stone production.
The Capital & Main investigation highlights concerns about proposed federal liability protections for manufacturers: “But Nevin said that the bill granting legal immunity for quartz manufacturers would protect foreign companies and a major MAGA Trump donor… at the expense of U.S. fabrication workers’ lives.” He also stated, “The only thing that’s gotten industry to change its ways—and get carcinogens and toxins out of their products—are third-party civil lawsuits,” comparing current silicosis litigation over engineered stone with past asbestos-related lawsuits.
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