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.
