In Episode 11 of From Dust to Verdict, host James Nevin provides an in‑depth, timely analysis of two significant government hearings that unfolded in mid‑January 2026—events that together highlight the urgent public‑health crisis facing artificial stone countertop fabrication workers and the growing national scrutiny of crystalline silica artificial stone. The episode begins with a recap of the January 15, 2026 Cal OSHA Standards Board hearing. Nevin explains a fundamental imbalance at the hearing: despite filing the petition at issue, WOEMA—representing more than 600 physicians—has not been allowed to make a presentation over two meetings, while ISFA, an organization representing foreign interests, was granted substantial time to present its counterarguments.

Nevin shares his own testimony delivered that day, emphasizing that the workers Brayton Purcell LLP represents stand behind WOEMA’s petition. His remarks underscore a central theme of the episode: crystalline silica artificial stone is uniquely toxic because its silica particles are nano‑sized and combined with additional toxic metals and resins. Even when following OSHA protocols, artificial stone cannot be fabricated safely by human beings. Nevin highlights decades of safe fabrication of natural stone and recycled glass and contrasts that history with the emergence of artificial stone, after which cases of silicosis in countertop fabrication workers surged from zero worldwide to a documented epidemic. He explains that data show that even highly sophisticated shops—those with millions of dollars in safety equipment—are still reporting extremely high rates of silicosis among workers. Cal OSHA’s staff stated that more than half of California fabrication shops have reported cases, and that artificial stone releases particles far smaller, and more reactive than those from natural stone. These nano‑sized particles, combined with toxic glues and resins and other volatile organic compounds in artificial stone, create a level of danger unmatched in other materials.

Dr. Robert Blink explains why WOEMA ultimately asked for a ban: even with the strongest possible controls, exposures remain too high for any acceptable level of risk. He notes that safely working with artificial stone would require a “level A” hazmat suit—a fully encapsulated garment akin to a space suit. Cal OSHA’s medical and scientific staff confirm that artificial stone is inherently more dangerous than natural stone because of its particle size, high silica content, and chemical additives. They further highlight global data showing rapid disease progression and alarming fatality rates.

From there, the episode shifts to the January 14, 2026 federal hearing on HR 5437—a proposed bill that would shield foreign artificial stone slab manufacturers from civil lawsuits brought by US workers with silicosis

Dr. David Michaels, former Assistant Secretary of OSHA, delivers particularly impactful testimony. He outlines the scale of the epidemic, emphasizes that artificial stone fabrication is one of the most hazardous industries in the country, and warns that prohibiting lawsuits would remove any accountability for manufacturers. According to Dr. Michaels, lawsuits often compel companies to adopt safer practices and removing that tool ensures continued harm. He notes that Australia banned the product entirely, leading manufacturers to switch to non‑toxic alternatives without job losses.

The episode also features remarks from Representatives Jamie Raskin and Hank Johnson, who express deep concern for the affected workers. Both representatives highlight that the disease is entirely preventable. Their testimony stresses that proposals to immunize foreign manufacturers disregard the suffering of American workers.

Nevin closes the episode by urging listeners to contact the Cal OSHA Standards Board and Governor Newsom to support WOEMA’s petition and to oppose HR 5437. 

Podcast: From Dust to Verdict
Host: James Nevin, Partner at Brayton Purcell LLP

In this urgent episode, host James Nevin examines two critical issues shaping the future of worker safety and corporate accountability: the WOEMA petition to ban artificial stone slabs containing more than 1% crystalline silica in California, and the controversial federal bill HR 5437.

Nevin explains why WOEMA—a coalition of over 600 occupational medicine physicians across seven western states—has petitioned Cal-OSHA to prohibit artificial stone containing over 1% crystalline silica. Backed by over 100 peer-reviewed studies and California’s Engineered Stone Silicosis Dashboard, WOEMA warns that artificial stone’s unique composition of nano-sized crystalline silica, VOCs, and toxic metals makes safe fabrication impossible, even with advanced engineering controls. The data is staggering: 481 confirmed cases of silicosis and dozens of deaths in California alone, with workers as young as 24.

But the episode also exposes HR 5437, a proposed federal law that would grant foreign artificial stone manufacturers immunity from civil product liability lawsuits. Nevin details how this “foreign manufacturer bailout” would strip U.S. fabrication workers and their families of the only legal avenue for compensation, while allowing companies profiting from toxic slabs to continue dumping hazardous products into the U.S. market unchecked.

Listeners will learn:
• Why WOEMA is calling for urgent revision of 8 CCR § 5204 to ban artificial stone slabs.
• How HR 5437 threatens workers’ rights, public health, and accountability.
• Evidence proving that artificial stone cannot be fabricated safely under any conditions.
• Why Australia’s nationwide ban offers a proven model for California and beyond.
• Safer alternatives—such as recycled glass and natural stone—that match artificial stone in quality and cost without endangering lives.

Through this episode, Nevin underscores a critical truth: banning crystalline silica artificial stone slabs and rejecting HR 5437 are essential steps to prevent further cases of fatal silicosis among countertop fabrication workers.

Listen to “Urge Cal-OSHA to Adopt the WOEMA Petition and Reject HR 5437” to understand the life-or-death stakes of this debate and what it means for the future of the countertop industry.

(For Spanish-speaking listeners, a Spanish-language version of this podcast is available: Del polvo al veredicto, hosted by Brayton Purcell LLP attorney Charley Velasco Ariza.)

Podcast: From Dust to Verdict
Host: James Nevin, Partner at Brayton Purcell LLP

In this timely, urgent episode, host James Nevin reports on breaking developments from the December 18, 2025 Cal-OSHA Standards Board hearing, where the Western Occupational and Environmental Medicine Association (WOEMA) formally petitioned for an immediate ban on artificial stone slabs containing more than 1% crystalline silica.

Nevin explains why WOEMA—a coalition of over 600 occupational medicine physicians across seven western states—believes that California’s current regulations have failed to stop the epidemic of accelerated silicosis among artificial stone countertop fabrication workers. Drawing on extensive peer-reviewed research and surveillance data, the episode details how high-silica artificial stone’s unique composition of nano-sized crystalline silica, VOCs, and trace metals makes it impossible for human beings to fabricate safely, even with strict engineering controls.

Listeners will learn:

• Why WOEMA is calling for urgent revision of 8 CCR § 5204 to prohibit artificial stone fabrication and installation.
• How the 2023 Emergency Temporary Standard and SB 20 fell short in addressing this crisis.
• Evidence from over 100 studies and California’s surveillance dashboard showing 450 cases and 25 deaths, with workers as young as 24, that demonstrate the need for immediate action.
• Why Australia’s nationwide ban on engineered stone offers a proven model for California and the U.S.
• The availability of safer alternatives—such as recycled glass and natural stone—that match artificial stone in quality and cost without endangering workers’ lives.

Through this episode, Nevin underscores a critical truth: eliminating toxic crystalline silica artificial stone slabs is the only effective way to prevent further cases of fatal silicosis among countertop fabrication workers.

Listen to and watch “ 600+ Doctors Petition Cal-OSHA to Ban Artificial Stone” to understand the life-or-death stakes of this petition and what it means for the future of the countertop industry.

(For Spanish-speaking listeners, a Spanish-language version of this podcast is available, Del polvo al veredicto, hosted by Brayton Purcell LLP attorney Charley Velasco Ariza.)

Episode 8 - When Good People Are Tricked by Bad Companies

In this episode of From Dust to Verdict, host James Nevin, a partner at Brayton Purcell LLP, delves into the alarming rise of accelerated silicosis among artificial stone countertop fabrication workers. Episode 8, titled "When Good People Are Tricked by Bad Companies," focuses on California Senate Bill 20 (Menjivar) – “Occupational Safety: High-Exposure Trigger Tasks on Artificial Stone,” which was signed into law in October 2025.

The episode begins with an overview of the epidemic, highlighting that over 95% of artificial engineered stone slabs are imported from countries like China, India, and Brazil, and then fabricated in local shops in the U.S. Despite decades of using natural stone without any reported cases of silicosis, the introduction of artificial stone has led to a rapid and increasing incident rate in accelerated silicosis cases among countertop fabrication workers. The California Department of Public Health's Engineered Stone Silicosis Dashboard shows a rise from 13 cases in 2019 to 431 cases today.

Senator Caroline Menjivar, representing district 20, introduced SB 20 to protect workers, but the bill was altered by foreign slab manufacturer lobbyists. The law now inadvertently harms workers by criminalizing necessary dry fabrication, lacking enforcement by Cal-OSHA, imposing unrealistic burdens on small businesses, and excluding input from health experts. The episode argues that the only effective solution is to ban the manufacturing and sale of crystalline silica artificial stone slabs, as demonstrated by Australia's successful ban.

Episode 7 – Ban Artificial Stone

Podcast: From Dust to Verdict
Host: James Nevin, Partner at Brayton Purcell LLP

In this powerful episode, host James Nevin examines why the only effective solution to the growing epidemic of artificial stone silicosis is to ban crystalline silica artificial stone altogether. Drawing on global evidence and decades of peer-reviewed occupational health studies, the episode unpacks how foreign manufacturers’ artificial stone slab products have allegedly driven an unprecedented rise in fatal lung disease among countertop fabricators across the United States.

Listeners learn how silicosis—once nearly eradicated by modern safety controls—has returned in a deadlier accelerated form due to exposure to artificial stone slabs containing high concentrations of nano-sized crystalline silica. Nevin traces the evolution of this crisis from early outbreaks in Israel, Spain, and Australia, to its arrival in the United States, where cases have surged rapidly in recent years.

The discussion highlights:

• During the several decades in which only natural stone was used to fabricate countertops, there were zero identified cases of silicosis in fabrication workers anywhere in the world.  And, how the dangers of artificial stone fabrication differs from traditional natural stone fabrication.
• How foreign slab manufacturers have knowingly distributed allegedly hazardous artificial stone products worldwide.
• The public health catastrophe unfolding in at least 16 U.S. states as cases multiply.
• Why engineering controls and protective equipment fail to prevent disease during artificial stone fabrication.
• The proposed HR 5437 bill in Congress, which would bail out foreign manufactures at the expense of  of American workers.
• How Australia’s nationwide ban on artificial stone could serve as a model for the U.S.

Through this episode, Nevin underscores a crucial truth supported by extensive global published peer-reviewed medical and scientific literature and regulatory health organizations: artificial stone countertops cannot be fabricated safely by human workers, even using the most protective worker safety mechanisms. Until these products are banned, and replaced with natural stone and recycled glass, thousands of U.S. young fabrication workers remain at risk of developing incurable accelerated silicosis and related diseases.

Listen to and watch “Ban Artificial Stone” to understand how a preventable occupational health crisis has become a global tragedy—and what it will take to stop it.

(For Spanish-speaking listeners, a Spanish-language version of this podcast is available, Del polvo al veredicto, hosted by Brayton Purcell LLP attorney Charley Velasco Ariza.)

In this compelling episode of From Dust to Verdict, host James Nevin, partner at Brayton Purcell LLP, dives deep into the “verdict” side of the podcast’s title—why juries assess multi-million-dollar verdicts for countertop fabricators harmed by artificial stone silicosis.

James revisits the groundbreaking first plaintiff’s trial, where a jury awarded $52 million to artificial stone fabricator Gustavo Reyes González, and explains how this case set the stage for other cases settling for tens of millions more. He unpacks the medical evidence presented at trial, focusing on the devastating realities of accelerated silicosis—a disease that leaves workers gasping for air, tethered to oxygen tanks, and facing the grim prospect of lung transplants that only extend life by a few years.

Through clear explanations, James outlines how artificial stone differs from natural stone: its nano-sized silica particles and toxic resins overwhelm the body’s defenses, destroying lung tissue at an alarming rate. Unlike the chronic silicosis of past decades, which took years to develop, today’s artificial stone fabricators can fall ill within just a few years—or even months—of exposure. He also explores the various stages of silicosis, from early symptoms to the advanced scarring and fluid buildup that literally leave workers suffocating (and drowning) from within.

Listeners will gain insight into:

• The shocking contrast between the near eradication of silicosis in natural stone workers by the 1980s and the surge of cases allegedly tied to artificial stone since 2010.
• Why even sophisticated fabrication shops with prescribed safety controls in place are seeing high rates of disease.
• The legal and moral reasons a jury decided that manufacturers and suppliers must pay significant damages.
• How accelerated silicosis represents not just an occupational hazard, but an entirely man-made epidemic allegedly created by companies prioritizing profit over people.

This episode is a must-listen for workers, advocates, legal professionals, and anyone concerned about the safety of workers. It’s both a medical primer and a legal exposé, underscoring the urgent need for accountability, transparency, and reform in a manufacturing industry that has placed thousands of fabrication worker lives at risk.

In this episode of From Dust to Verdict, host James Nevin, partner at Brayton Purcell LLP, takes listeners deep into the science behind why artificial stone is allegedly far more hazardous to fabrication workers than natural stone. Although countertops may appear identical to the consumer, the silica content and dust created during the fabrication of artificial stone slabs tell a very different story.

Nevin begins by revisiting the NIOSH hierarchy of controls, a framework designed to protect workers. While these controls are relatively effective for natural stone, they fall short when applied to artificial stone. He highlights extensive peer-reviewed published research from Dr. Chandnee Ramkissoon in Australia and Dr. Chaolong Qi at NIOSH, who demonstrate that even advanced engineering controls—such as water sprays, ventilation, and PPE—cannot keep silica dust levels from artificial stone below the permissible exposure limit (PEL).

The discussion then unpacks three key factors driving the danger of artificial stone:

1. Extremely high silica content (90–95%) compared to most natural stone.
2. Nano-sized silica particles, created during the manufacturing of artificial stone slabs, which bypass both masks and the body’s natural defenses and embed deep in the lungs.
3. Toxic additives and coatings such as metals and volatile organic compounds, which amplify the damage when inhaled.

Nevin contrasts this with natural stone, where larger particle sizes and benign coatings often limit harm—even in high-silica varieties like quartzite. The result is a clear picture of why workers fabricating artificial stone are developing accelerated silicosis at alarming rates.

Closing the episode, Nevin underscores the misinformation from manufacturers who continue to claim that natural stone safety measures apply equally to artificial stone—a claim that published peer-reviewed research proves dangerously false.

This compelling and fact-driven discussion sheds light on an ongoing occupational health crisis, urging accountability and change on the part of manufacturers and suppliers to stem the epidemic of accelerated silicosis in workers in the stone fabrication industry.

Episode 4: Hierarchy of Controls

From Dust to Verdict is a podcast dedicated to the new epidemic of accelerated silicosis in artificial stone countertop fabrication workers hosted by James Nevin, a partner at Brayton Purcell LLP. 

In this episode, host James Nevin takes a deep dive into the critical question: Why are artificial stone fabrication workers still developing silicosis at alarming rates despite established safety standards? Building on the previous discussion of California’s growing surveillance data—now documenting over 350 confirmed cases—Nevin unpacks the Hierarchy of Controls, a framework developed by health authorities like NIOSH and OSHA to protect workers from toxins and carcinogens.

The episode explores each tier of this hierarchy, beginning with the most effective solutions—elimination and substitution. Nevin highlights how replacing high-silica artificial stone with natural stone, low-silica, or no-silica alternatives could drastically reduce exposure risks. Yet, responsibility lies with manufacturers and suppliers, who continue distributing hazardous products despite already having safer substitutes available.

From there, Nevin examines engineering and administrative controls, such as banning dry cutting, using wet equipment, and implementing local exhaust ventilation. While these measures reduce exposure, studies show that even wet cutting fails to lower silica dust levels to safe thresholds, leaving workers still vulnerable.

Finally, the discussion turns to personal protective equipment (PPE)—respirators, filters, and powered air-purifying helmets. Though these provide a last line of defense, they are riddled with limitations: poor fit, clogged filters, health restrictions, and, ultimately, ineffectiveness against the microscopic, nano-sized silica particles in engineered stone.

Nevin drives home a sobering conclusion: no level of workplace controls—short of robotic fabrication or “moon-suit” style protection—can fully safeguard workers. True prevention requires industry accountability. Manufacturers must eliminate or substitute dangerous materials rather than relying on ineffective stopgap measures.

This episode underscores the urgency of rethinking product design and holding suppliers accountable, framing the epidemic not as a failure of worker compliance, but as a systemic issue rooted in the materials themselves.

Episode 3: Understanding Silicosis

From Dust to Verdict is a podcast dedicated to the new epidemic of accelerated silicosis in artificial stone countertop fabrication workers hosted by James Nevin, a partner at Brayton Purcell LLP. 

In this episode, we dive deep into silicosis, the world’s oldest known occupational disease. From the slaves who built the Egyptian pyramids to 20th-century laborers at the Hawks Nest tunnel, and now to modern-day artificial stone fabrication workers—this preventable disease has devastated countless lives over millennia.

We trace the timeline of silicosis, starting with its early recognition, leading up to a surge of cases in Israel in the late 1990s allegedly tied to artificial stone fabrication. Fast forward to the U.S. in 2024, and we're facing a disturbing epidemic. The California Department of Public Health reports over 330 confirmed cases of accelerated silicosis in artificial stone workers, with dozens needing lung transplants—and many dying waiting for one.

What makes artificial stone especially dangerous to fabricators is its ultra-high silica content (up to 95%) and its nano-sized, toxin-coated particles. When these are inhaled, they scar the lungs’ air sacs, making breathing difficult at first and, with continued exposure, impossible without oxygen supplementation.

Listeners will learn how Respirable Crystalline Silica (RCS) from artificial stone causes damage more aggressively than natural stone. Silicosis is progressive and comes in stages—starting with lymph node silicosis, then simple silicosis, and finally complex silicosis or progressive massive fibrosis (PMF). Many workers exposed to artificial stone move through these stages rapidly, developing severe disease within just a few years or even months.

We explain the limitations of current treatment options. Lung transplants, often seen as a last resort, are not cures—they extend life temporarily, but are inaccessible to many due to strict eligibility, organ shortages, and complex post-surgery medication requirements.

The episode concludes with an alarming discussion of disease prevalence: peer-reviewed studies show silicosis rates in fabrication workers range from 11% to over 50%, with some estimates—including our own data—indicating up to 80% of workers may be affected.

Silicosis isn’t the only concern for artificial stone workers. Artificial stone silica exposure is also linked to lung cancer, COPD, chronic kidney disease, autoimmune disorders like rheumatoid arthritis, and other life-altering diseases like tuberculosis and sarcoidosis.

Silicosis is not a relic of the past. It's a modern crisis affecting artificial stone fabrication workers around the world.

From Dust to Verdict is a podcast dedicated to the new epidemic of accelerated silicosis in artificial stone countertop fabrication workers hosted by James Nevin at Brayton Purcell LLP. 

This episode focuses on the alleged severe health risks posed by artificial stone (also known as engineered, composite, or synthetic stone), particularly for fabrication workers. It explains how the composition and fabrication process of artificial stone contributes to a growing epidemic of accelerated silicosis.

What Is Artificial Stone?

Artificial stone is designed to resemble natural materials like granite or marble but is manmade. It typically contains 90-95% crystalline silica, significantly more than natural stone materials such as:

• Granite (~45% silica)
• Slate (~30%)
• Porcelain (~15%)
• Marble (~3%)
• Limestone (~2%) 

In artificial stone, the silica particles are much smaller (nano-sized) than those found in natural stone because the quartz used as the primary material is pulverized before manufacturing. 

The product is a slab that appears similar to natural stone but is alleged to be far more hazardous when cut, polished, or drilled. 

The Fabrication Process and Its Dangers

Like natural stone, artificial stone must be fabricated (cut, drilled, and polished) before installation. This fabrication process becomes dangerous because:

• It releases nano-sized silica dust, which is easily inhaled.
• Traditional protective measures used for natural stone (e.g., N95 masks or wet tools) are insufficient for artificial stone.
• Workers are often not warned or trained on these new risks.

Fabricators often use wet methods (like wet saws), which were previously assumed to reduce dust exposure. However, published peer reviewed studies now show that even wet methods fail to reduce exposure below OSHA's Permissible Exposure Limit (PEL) for silica when fabricating artificial stone.

Scientific Studies & Global Evidence

Numerous studies have confirmed the danger of artificial stone:

NIOSH, OSHA, and Cal/OSHA all document excessive exposure levels.

Georgia Tech, Safe Work Australia, and a recent Yale University study (funded by industry groups) all found that silica exposure during artificial stone fabrication exceeds the PELs, even with dust control measures.

These findings reveal that even outdated PELs-based on natural stone-are regularly exceeded by artificial stone dust exposure.

The result is a global pandemic of accelerated silicosis, a rapidly-progressing, fatal lung disease that first emerged in countries like Israel, Spain, and Australia-and is now widespread among U.S artificial stone fabricators.

Impact in California and the U.S.

The California Department of Public Health (CDPH) now tracks silicosis cases through an online dashboard. Key statistics from California alone (as of 7/18/25) include:

• 327 confirmed cases of artificial stone-related silicosis
• 17 deaths
• 35 lung transplants performed
• Median age of affected workers: 46 years old
• 98% of those diagnosed are Latino

These statistics underscore the growing occupational health crisis affecting a vulnerable workforce.

Looking Ahead in the Podcast

Future episodes will cover:

• The differences between accelerated and traditional silicosis
• Additional diseases linked to artificial stone fabrication
• Prevention strategies, treatment options, and legal remedies through lawsuits

This series continues to expose the hidden health hazards of artificial stone and the industry's failure to protect workers from a now well-documented and deadly disease.

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