California Votes to Ban Engineered Stone Fabrication

What the Cal/OSHA Decision Means

Author

Tim Robertson
May 27, 2026

California's Occupational Safety and Health Standards Board voted 3-0 Thursday to direct Cal/OSHA to begin formal rule-making toward banning the fabrication and installation of engineered stone slabs containing more than 1% crystalline silica. If that rule-making results in an adopted standard, California would become the first U.S. state to prohibit the material by law.

The board's conclusion: engineering controls — wet cutting, respirators, ventilation systems — cannot adequately eliminate the hazard. Regulating how the material gets cut, the board determined, is not the same as solving the problem.

The vote also directs Cal/OSHA to convene an advisory committee simultaneously. That committee will develop phase-out timelines and outline how the industry transitions away from high-silica slabs while working through existing inventory.

California has documented at least 562 confirmed cases of silicosis tied to engineered stone fabrication, with 31 deaths and 58 lung transplants recorded as of May 2026. Silicosis is an irreversible, progressive lung disease caused by inhaling crystalline silica dust — the fine particles generated when engineered stone is cut, ground, or polished.

What this means for fabricators and distributors: Thursday's vote opens the formal rule-making process. A ban is not in effect today. But the mechanism is now active, and the advisory committee's work — expected to run concurrently with rule-making — will shape the timeline, exemptions, and phase-out structure. Companies with California exposure should be tracking both processes closely.

Why Wet Cutting and Respirators Haven't Stopped the Silicosis Epidemic

The dramatic rise in silicosis cases among workers utilizing water-suppression tools and respirators has led occupational health specialists to conclude that traditional workplace exposure controls are insufficient to manage the hazards of engineered stone.12 Under the classic industrial hygiene hierarchy of controls, engineering controls and personal protective equipment (PPE) are positioned below elimination and substitution.21 The technical limits of these lower-tier controls explain their widespread failure in the countertop fabrication industry 21:

  • Slurry Dehydration and Resuspension: Wet cutting methods reduce immediate, visible dust but generate a fine, liquid silica slurry.22 This slurry quickly accumulates on shop floors, machinery surfaces, and workers' protective aprons.25 Once the water evaporates, the dry, residual silica powder is easily pulverized by footsteps and mechanical vibrations, re-entering the breathing zone as a highly concentrated secondary source of airborne nanoparticles.25

  • Aerosolization of Sub-Micron Particles: High-speed water-fed saws and hand polishers generate an aerosolized mist of water droplets that encapsulate sub-micron silica particles.1 This fine, silica-laden moisture bypasses standard mechanical filters and standard half-mask respirators, carrying the toxic nanoparticles directly into the deep lung tissue.1

  • Filter Saturation and Maintenance Failures: Local exhaust ventilation (LEV) systems and HEPA-filtered vacuum attachments on hand tools require rigorous, costly maintenance.20 In high-production environments, HEPA filters clog rapidly, severely reducing air capture velocity and allowing ultrafine dust to migrate throughout the facility.36

  • PPE Incompatibility and Compliance Barriers: Standard negative-pressure half-mask respirators require perfect face-to-skin seals to function, making them ineffective for workers with facial hair.35 Furthermore, the physical exertion and high humidity associated with wet-fabrication shops lead to poor compliance, as workers frequently remove damp, suffocating masks to breathe during demanding shifts.1

Surfacing Material Type

Typical Crystalline Silica Content (%)

Primary Dust Control Efficacy

Required Respiratory Protective Equipment (RPE)

Overall Occupational Hazard Level

Traditional Engineered Quartz

90% – 95% 8

Low; wet methods fail to suppress aerosolized nanoparticles 1

Powered Air-Purifying Respirators (PAPR) with APF ≥ 20 1

Extreme; highly progressive disease pathway 19

Natural Granite

10% – 50% 25

Moderate; standard wet cutting and local exhaust are effective 17

N95 or half-mask elastomeric with fit testing 39

Moderate; chronic, slow-developing disease risk 2

Natural Marble / Limestone

< 5% 25

High; low silica content minimizes airborne crystalline risk 2

Standard particulate respirator during high-dust tasks 1

Low; minimal occupational risk of silicosis 1

Low-Silica Mineral Hybrids

10% – 40% 5

Moderate to High; reduced silica loading lowers nanoparticle density 5

N95 or half-mask elastomeric with fit testing 5

Moderate to Low; safer alternative under strict controls 5

Sintered Stone / Porcelain

< 15% 27

High; low silica and absence of resin binders reduce toxicity 27

Standard particulate respirator during processing 27

Low; highly manageable occupational exposure profile 27

Solid Surface (e.g., Corian)

0% 27

Complete; absence of silica eliminates silicosis hazard 27

Standard dust mask for nuisance particulates 27

Negligible; zero risk of silica-induced lung disease 27

How Governments Are Responding: Bans, Regulations, and What's Next

The escalating public health toll has prompted distinct regulatory responses across major jurisdictions, ranging from targeted enforcement to outright material bans.7

California

In the United States, California has emerged as the regulatory vanguard.7 On May 21, 2026, the California Occupational Safety and Health Standards Board voted unanimously (3-0) to grant Petition 609, a proposal submitted by the Western Occupational and Environmental Medicine Association (WOEMA) representing more than 600 medical professionals.1 The vote directed Cal/OSHA to initiate formal rulemaking to prohibit the fabrication and installation of artificial stone slabs with more than 1% crystalline silica, positioning California to become the first U.S. state to ban the material.7

This action builds upon a series of rapid legislative and regulatory escalations in the state.10 Cal/OSHA first approved an Emergency Temporary Standard (ETS) on respirable crystalline silica in December 2023, which became permanent in February 2025, strengthening protections for workers engaged in high-exposure tasks involving stone with more than 10% silica.10

In October 2025, Governor Gavin Newsom signed Senate Bill 20, the Silicosis Training, Outreach, and Prevention (STOP) Act, which went into full effect on January 1, 2026.10 SB 20 amended the Labor Code to establish a comprehensive safety and enforcement framework:

  • Dry Fabrication Ban: Prohibits all dry-cutting, grinding, polishing, or cleanup of stone containing more than 0.1% crystalline silica, making wet methods mandatory.25

  • Mandatory Flow Rates: Mandates continuous water delivery at specific rates: 0.5 GPM for handheld tools, 1.0 GPM for standard bridge saws, and 2.0 GPM for CNC machines.25

  • Annual Employer Attestation: Starting July 1, 2026, employers must submit annual written attestations to Cal/OSHA proving that all workers performing high-exposure tasks have completed mandatory safety training.25

  • Three-Year Shop Certification: Starting January 1, 2027, all fabrication shops must hold a valid three-year safety certification from the California Department of Public Health (CDPH) and Cal/OSHA.25 Suppliers and distributors are legally prohibited from selling raw slabs to uncertified shops, and uncertified shops are barred from buying them.25

  • Serious Injury Presumption: Classifies occupational silicosis and silica-related lung cancer as "serious illnesses" under the Labor Code, creating a legal presumption of a serious violation if dry-cutting is observed and enabling inspectors to issue immediate stop-work orders (Orders Prohibiting Use).10

  • Inter-Agency Case Reporting: Mandates that CDPH and Cal/OSHA share and coordinate data on all reported occupational silicosis cases within five days of identification.10

To enforce these provisions, Board Chair Joseph Alioto Jr. sent a directive to district attorneys in the seven California counties that account for 95% of the state's silicosis cases, urging them to criminally prosecute shop owners who willfully violate the dry-cutting ban.21 In parallel, Cal/OSHA’s Silica Special Emphasis Program conducted targeted enforcement campaigns, opening 181 inspections of fabrication shops, issuing more than 900 citations totaling approximately $1.9 million in proposed penalties, and providing 465 onsite consultations reaching 27,665 employees.1

United States: Federal Level

At the federal level, a nationwide ban remains unlikely due to intense industry lobbying.1 Instead, federal OSHA launched a new compliance initiative in September 2023, supplementing its ongoing National Emphasis Program for Respirable Crystalline Silica.50 This initiative prioritizes programmed and unprogrammed inspections of facilities operating under NAICS codes 327991 (Cut Stone and Stone Product Manufacturing) and 423320 (Brick, Stone, and Related Construction Material Merchant Wholesalers).50 Under the directive, each federal OSHA Area Office in Regions 1 through 8 must conduct a minimum of five programmed inspections of covered stone fabrication establishments within a 12-month period.51

Concurrently, Region 8 (Denver) implemented a localized Regional Emphasis Program (REP) focusing on cut stone products, responding to data showing that 30% of documented regional silica overexposures occurred within the Denver-area countertop industry.52 However, federal regulatory efforts suffered a significant setback on April 11, 2025, when the United States Court of Appeals for the Eighth Circuit issued a stay of compliance on the Mine Safety and Health Administration's (MSHA) final rule, "Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection".53 The stay halted the implementation of MSHA's conforming amendments, forcing the agency to revert to enforcing older, less stringent silica standards while the court proceedings are resolved.53

Ontario, Canada

In Canada, Ontario regulates occupational silica exposure under the Occupational Health and Safety Act (OHSA) through Regulation 490/09 (Designated Substances) for general industry and manufacturing, and Regulation 833 (Control of Exposure to Biological or Chemical Agents) for construction projects.37

Under Regulation 490/09, employers are legally required to carry out a comprehensive exposure assessment if silica is present in the workplace and a worker is likely to be exposed.37 If the assessment indicates that a worker's health may be affected, the employer must develop and implement a formal silica exposure control program in consultation with the Joint Health and Safety Committee (JHSC).37 This program must encompass engineering controls, air monitoring, record-keeping, medical surveillance (including periodic chest X-rays and pulmonary function tests), and mandatory worker training on respirator care.37

Under Section 30 of the Ontario OHSA, project owners must determine if silica is present on a construction project and formally inform all potential contractors as part of the bidding process; failure to comply renders the owner liable for any subsequent damages resulting from silica discovery.56 Despite these measures, labor unions like the Workers Health & Safety Centre (WHSC) continue to lobby the provincial government to lower Ontario's OEL for crystalline silica to 0.025 mg/m3.60 

This is the threshold recommended by the ACGIH, and adopting it would bring Ontario in line with other progressive Canadian jurisdictions.60

Surfacing Surfacing Regulatory Element

Ontario OHSA Regulation 490/09 / Regulation 833

California Senate Bill 20 (STOP Act)

Australian Model WHS Regulations

Crystalline Silica Limit / Threshold

OEL: 0.05 mg/m3
(cristobalite),  (quartz/tripoli) 56

PEL: 50 ug/m3; pending ban on slabs with > 1% silica content 7

Complete ban on manufacture, supply, and use of stone with
≥ 1% silica 43

Dry Fabrication Policy

Strictly regulated; dust must be controlled at source 37

Explicitly banned for materials with  > 0.1% silica 25

Strictly banned 44

Shop Certification / Licensing

No provincial certification required; regulated via employer duty of care 35

Mandatory 3-year safety certification from Cal/OSHA and CDPH by Jan 1, 2027 25

Licensing required for permitted legacy stone work; otherwise prohibited 44

Medical Surveillance Mandate

Mandatory if health may be affected (includes chest X-rays and PFTs) 37

Mandatory for workers exposed above action level of 25 ug/m3 40

Mandatory health monitoring under model WHS laws 34

Construction Project Specifics

Construction is exempt from Reg 490/09; regulated under Reg 833 37

Subject to construction silica standards (29 CFR 1926.1153) 26

Legacy modifications highly restricted (<30 min, once/week) 47

Project Owner Notification Duties

Section 30 OHSA: Owner must declare silica presence to bidding contractors 56

Multi-employer citation policy handles contractor exposure 51

Notification to WHS regulator required for legacy work 47

The $52.4 Million Verdict, 370 Pending Lawsuits, and the Bill Designed to Stop Them

The escalating health toll has triggered an extensive wave of civil litigation across the United States, positioning product liability lawsuits as a powerful financial and regulatory force.11 Under California's legal framework, injured countertop workers are not restricted to workers' compensation claims.8 

While workers' compensation provides immediate medical coverage and partial wage replacement, fabricators can simultaneously file third-party product liability lawsuits in civil court against the upstream manufacturers, suppliers, and distributors of the raw stone slabs.8 In California, workers' compensation weekly temporary total disability (TTD) rates range from $264.61 to $1,764.11 for 2026, depending on the State Average Weekly Wage.25 Product liability claims frequently generate far greater financial recovery, providing compensation for non-economic damages such as pain and suffering, full lost wages, and wrongful death.8

Civil product liability lawsuits filed against major engineered stone manufacturers—including Caesarstone USA, Cosentino Group, and Cambria Co. LLC—allege that these corporations designed and distributed an inherently defective product and engaged in fraudulent concealment.7 The plaintiffs' legal claims rest on three primary arguments 8:

  • Failure to Warn: Plaintiffs assert that manufacturers failed to disclose the extreme, unique health hazards of respirable crystalline silica nanoparticles to either the fabrication shops or the workers handling the slabs.8 Many workers testified that manufacturers' sales representatives assured them that fabricating quartz required no special safeguards beyond standard natural stone precautions.1

  • Defective Product Design: Plaintiffs argue that engineered stone is inherently defective because its exceptionally high crystalline silica content (90% to 95%) generates a unique, highly toxic nano-sized dust when cut, making it impossible to fabricate safely at scale using standard engineering controls.8

  • Fraudulent Concealment: Lawsuits allege that major manufacturers suppressed scientific studies and clinical data regarding international silicosis clusters in Israel and Australia, actively concealing the risks from the American market to protect sales.8

In August 2024, a Los Angeles jury recognized the strength of these product liability claims, awarding a landmark $52.4 million verdict to a 34-year-old stone fabricator who required a double lung transplant as a result of advanced silicosis.8 This ruling, which found major manufacturers partially at fault, sparked a massive wave of litigation.13 More than 370 active lawsuits are currently pending in California courts, with plaintiffs' firms anticipating the centralization of these claims into federal Multi-District Litigation (MDL).11

In September 2025, Representative Tom McClintock (R-CA) introduced H.R. 5437, the Protection of Lawful Commerce in Stone Slab Products Act.11 The bill, which was referred to the House Committee on the Judiciary, seeks to prohibit civil actions against manufacturers or sellers of stone slab products for harm resulting from the downstream fabrication or alteration of those products by third parties.23 Crucially, H.R. 5437 includes a retroactive clause that would immediately dismiss all currently pending lawsuits, stripping sick fabricators of their ongoing claims.8

The political and legal debate surrounding H.R. 5437 highlights a fundamental conflict over accountability and corporate responsibility 8:

  • Proponents of H.R. 5437 (The Industry Stance): Proponents, including Cambria, the American Tort Reform Association (ATRA), and several congressional representatives, argue that raw stone slabs are non-hazardous in their finished, shipped form and are safely fabricated worldwide by following standard OSHA guidelines.13 They contend that product liability lawsuits are a form of "lawfare" orchestrated by trial lawyers targeting "deep-pocket" manufacturers.14 The industry argues that liability belongs entirely with the downstream "bad actor" fabrication shops—which Cambria’s Chief Legal Officer, Rebecca Shult, described as "American sweatshops"—that fail to enforce wet-cutting, ventilation, and respirator standards.13 To support this, Cambria testified that it has operated its own fabrication shops for over 20 years with zero reported cases of silicosis, demonstrating that the material can be processed safely with strict exposure controls.11

  • Opponents of H.R. 5437 (The Public Health and Labor Stance): Opponents, including the AFL-CIO, epidemiological experts like Dr. David Michaels, and trial attorneys, argue that engineered stone cannot be fabricated safely under real-world conditions.12 They point out that MSHA and OSHA do not have the enforcement resources to monitor thousands of small, fragmented fabrication shops, making civil lawsuits the single most effective tool for holding the industry accountable.12 Opponents emphasize that H.R. 5437 would protect foreign manufacturers—who supply 99% of the crystalline silica stone slabs in the U.S.—while leaving sick American workers, many of whom are low-income immigrants, with no path to recover medical costs or lost wages.12 Furthermore, they argue that granting civil immunity would remove the primary financial incentive for manufacturers to invest in safer, low-silica alternatives.8

While the debate over H.R. 5437 continues in Congress, manufacturers have achieved some localized success in defending against product liability claims outside of California.63 On May 12, 2026, a Colorado jury delivered a verdict finding Cambria not negligent and its products not defective in a prominent civil silicosis case, illustrating a fragmented legal landscape across different states.65

What's Replacing Engineered Stone: Silica-Free and Low-Silica Countertop Options

Faced with impending regional bans and escalating legal liabilities, the global countertop market has begun a rapid transition toward low-silica and zero-silica alternatives.5 This shift has sparked a quiet revolution in surfacing technology, forcing major manufacturers to modify their chemical formulations.5 To reduce the crystalline silica content of engineered stone without sacrificing the hardness, non-porous surface, and stain resistance that made quartz popular, manufacturers are substituting crushed quartz aggregate with alternative minerals and recycled components 5:

  • Recycled Glass: Crushed glass has become the primary substitute aggregate.5 Slabs made with recycled glass release amorphous silica during cutting and polishing, which is far less toxic to lung tissue than crystalline silica.1

  • Feldspar: A natural mineral commonly found in granite, feldspar provides high structural durability but contains less free silica than pure quartz.27

  • Porcelain and Ceramic Clays: Manufacturers are incorporating advanced ceramic clays and sintered minerals to fortify the slab, utilizing extreme heat to fuse the materials together.27

Major international manufacturers have adopted divergent strategies to navigate this technological transition.5 

Cosentino Group was an early mover, launching its proprietary "Hybriq+ Technology" in 2020.5 By 2023, Cosentino transitioned 100% of its Silestone color portfolio to this low-silica formulation, which utilizes a blend of premium minerals and a minimum of 20% recycled materials manufactured with 99% recycled water and 100% renewable electricity.5 

Silestone products are now categorized and labeled based on their maximum crystalline silica content, with the Silestone XM line containing a maximum of 10% silica, and other standard colors containing a maximum of 40% silica, representing a dramatic reduction from traditional quartz’s 90% to 95% silica content.5

Similarly, Caesarstone has transitioned its popular colors to its "Caesarstone Mineral" formula, which contains less than 40% crystalline silica, and in some designs, less than 10%.5 

Caesarstone has also introduced its "ICON" collection, a premium crystalline-silica-free surface manufactured with approximately 85% recycled materials, showcasing that high-performance surfaces can be fabricated without endangering worker lives.4

In contrast, Cambria has maintained a dual strategy.13 At the 2026 Kitchen & Bath Industry Show (KBIS), Cambria focused its marketing on demonstrating the architectural versatility of its traditional, pure natural quartz designs—such as St. Isley, Kenwood, Claremont, and Traymore Bay—extending their application into high-concept flooring, curved wall cladding, and thin 1cm spa installations.67 

While Cambria has heavily promoted its safety certifications and safe-fabrication educational materials, the company has resisted transitioning its core product line to low-silica alternatives.13 Industry analysts suggest this is due to Cambria’s significant capital investment in proprietary raw quartz extraction facilities, making a shift away from high-silica quartz a threat to its vertically integrated business model.13

For residential and commercial applications, the decline of traditional high-silica quartz has accelerated the adoption of alternative surfacing categories 5:

  • Sintered Stone and Porcelain: Made from natural clays and minerals subjected to extreme heat and pressure (sintering) without polymer resins, materials like Dekton or Lapitec are virtually indestructible, highly heat-proof, and contain less than 15% crystalline silica (and in some cases, effectively zero free silica).27

  • Natural Stone (Granite and Marble): While natural stone requires periodic sealing and maintenance, granite contains significantly less silica (10% to 50%) than traditional quartz, and marble contains negligible amounts (<5%), making their fabrication substantially safer.2

  • Solid Surface (e.g., Corian): Composed of acrylic or polyester resins mixed with aluminum trihydrate fillers, solid surface contains 0% crystalline silica, offering seamless integration, easy repairability, and complete safety for fabricators, though it lacks the scratch and heat resistance of stone.27

Surfacing Material Option

Typical Crystalline Silica Content (%)

Estimated Installed Cost Range (USD/Sq. Ft.)

Primary Physical Attributes & Advantages

Principal Limitations & Disadvantages

Traditional Quartz (High-Silica)

90% – 95% 8

$55 – $120 69

High stain/scratch resistance; uniform pattern; zero maintenance 6

Extreme fabrication health risk 7; low heat resistance 5

Cosentino Silestone XM

< 10% 5

$63 – $138 69

Low silica hazard 5; contains ≥ 20% content 5

Limited heat resistance; sensitive to direct UV exposure 5

Caesarstone ICON

0% 4

$100 – $120 69

Zero crystalline silica 4; composed of
≥ 80% recycled content 4

Premium cost; limited long-term wear data 5

Sintered Stone / Porcelain

< 15% 27

$75 – $150 66

Heat-proof up to $1000^\circ$F 66; UV-proof; scratch-proof 27

Brittle; prone to edge chipping; difficult to fabricate 5

Natural Granite

10% – 50% 25

$45 – $120 6

Extreme heat resistance; highly durable; unique, organic veining 27

Requires periodic sealing; porous; prone to staining if unsealed 6

Solid Surface (e.g., Corian)

0% 27

$40 – $80 27

Seamless installation 27; zero silica; easily repairable 27

Poor scratch resistance; easily scorched by hot pans 27

What Fabricators, Distributors, and Architects Should Do Now

The engineered stone silicosis crisis is a profound socio-economic and public health tragedy that highlights a fundamental failure of conventional workplace safety standards in the presence of ultra-toxic mineral composites.7 

The rapid trajectory of the disease, combined with systemic barriers to regulatory enforcement in small fabrication shops, has demonstrated that engineering controls like wet-cutting cannot eliminate the hazards of materials containing up to 95% crystalline silica.12 As California initiates formal rule-making to ban high-silica slabs, the global countertop market faces an inevitable and permanent transition toward low-silica and zero-silica alternatives.5

For professionals in the design, construction, and regulatory planning sectors, several actionable recommendations emerge from this transition:

  • Specify Safer Materials: Architects and interior designers should actively phase out high-silica traditional quartz in favor of low-silica mineral surfaces, sintered stone, natural marble, or solid surfaces, leveraging their purchasing power to protect fabrication workers.27

  • Conduct Fabricator Audits: When sourcing countertops, contractors and project managers should conduct thorough safety audits of fabrication partners, verifying compliance with wet-cutting flow rates, proper wet-slurry disposal, HEPA-filtered vacuum extraction, and fit-tested Powered Air-Purifying Respirators (PAPR).25

  • Verify Supplier Certifications: In jurisdictions like California, distributors must prepare to strictly comply with upcoming licensing and certification requirements, ensuring they only supply raw slabs to shops holding valid regulatory credentials.25

  • Implement Comprehensive Medical Surveillance: Employers remaining in the stone processing sector must enroll all exposed workers in medical surveillance programs featuring baseline and periodic high-resolution chest CT scans and pulmonary function tests to ensure early detection of occupational lung disease.20

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