In July, a proposed bill named the Silicosis Prevention Act was withdrawn from consideration in California. This proposed bill would have substantially affected the manufactured stone industry by banning dry fabrication activities, imposing licensing requirements for employers and workers, and implementing a public database for violations and other state enforcement actions. Even though this version of the proposed bill was withdrawn, further legislative efforts targeting the manufactured stone industry are anticipated in the future.
Background
Product liability lawsuits related to silicosis are common in California and other jurisdictions. Silicosis is a lung disease that plaintiffs associate with long-term inhalation exposure to crystalline silica dust, a form of silica (silicon dioxide). Silica is a naturally occurring mineral with a wide variety of uses. It can be found in granite, glass, brick, plaster, concrete, mortar, cement, and electronics. Plaintiffs often allege that they developed silicosis from their exposure to dust from these products, like the dust that can occur when cutting granite countertops without proper safety measures.
Proposed Legislation Withdrawn
California Assembly Bill 3043, the Silicosis Prevention Act, was introduced to the state legislature on February 16, 2024. The proposed bill would have placed significant regulations on the suppliers and manufacturers of stone slab products commonly used in residential kitchen countertop installation or customization. These regulatory changes included:
- Banning dry stone fabrication or cutting
- Requiring wet fabrication methods, such as using constant running water on the entire surface being cut and the cutting equipment, water jet cutting, or submersion cutting
- Licensing requirements for fabrication shops, requiring compliance with state occupational health standards and imposing violations for instances of noncompliance
- Certification requirements for fabrication workers under an authorized training curriculum
- Prohibiting suppliers of slab products from working with unlicensed fabricators
- Creation of a public database tracking licensing, violations, and other enforcement actions
- Reporting requirements for state agencies on silicosis statistics, worker safety assessments, and the effectiveness of the new regulatory structure
Due to pushback from state regulators on the potential costs, the proposed bill was withdrawn.
Looking Forward
Even though this bill was withdrawn, future efforts to regulate the manufactured stone industry are expected. Stone suppliers, fabrication shops, manufacturers, and distributors should evaluate their current worker safety practices to prepare for future regulatory changes and minimize litigation risks. We will be watching for and reporting on future developments in these regulatory efforts and silicosis-related litigation.
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