California Unveils Draft Emergency Regulation to Prohibit Artificial Stone Fabrication

Proposed Rule Could Take Effect as Early as December 2026 or January 2027 and Would Rapidly Phase Out Artificial Stone Containing More Than 1% Crystalline Silica

NOVATO, Calif., Sept. 17, 2026 /PRNewswire/ -- Brayton Purcell LLP today announced that California's Division of Occupational Safety and Health (Cal/OSHA) has released a draft emergency regulation that would prohibit the manufacture and fabrication of artificial stone containing more than 1% crystalline silica, a major milestone in the state's response to the ongoing silicosis epidemic affecting countertop fabrication workers.

The proposed regulation follows years of scientific research, medical evidence, and advocacy by physicians, workers, and families impacted by artificial stone silicosis. Earlier this year, the California Occupational Safety and Health Standards Board granted a petition submitted by the more than 600 physicians of the Western Occupational and Environmental Medical Association (WOEMA), urging the state to prohibit the fabrication and installation of artificial stone because of its severe occupational health risks.

Artificial stone, commonly used for kitchen and bathroom countertops, contains at least 90% crystalline silica by weight. Fabrication activities such as cutting, grinding, polishing, and edging release airborne nano-sized, high-surface area respirable crystalline silica dust. Medical and scientific research has increasingly linked exposure to artificial stone dust with accelerated silicosis, a progressive, irreversible, and fatal lung disease.

Cal/OSHA is accepting public comments on the draft emergency regulation through Sept. 30, 2026. Following the public comment period, the proposal will be considered by the Cal/OSHA Standards Board. If approved at the Board's October or November meeting, the emergency regulation could become effective as early as December 2026 or January 2027.

The proposal establishes a two-stage implementation process:

• Sixty days after the emergency regulation becomes effective, employers would no longer be permitted to purchase new artificial stone containing more than 1% crystalline silica for fabrication or manufacture.
• Employers would be allowed to continue fabricating inventory they purchased, contracted for, or possessed before the regulation's effective date during a limited transition period.
• All manufacture and fabrication of artificial stone containing more than 1% crystalline silica would be prohibited 180 days after the regulation becomes effective, regardless of when the material was acquired.

As a practical matter, if the regulation becomes effective in December 2026 or January 2027, California fabrication shops would have approximately six months to work through existing inventory before the prohibition is fully implemented.

"The release of this draft emergency regulation is a landmark moment in California's effort to address a devastating occupational disease that has affected hundreds of workers and their families," said James Nevin, partner at Brayton Purcell LLP, whose firm represents over 900 artificial stone silicosis clients throughout the U.S. "After reviewing scientific evidence, Cal/OSHA concluded that artificial stone is inherently dangerous and uniquely toxic. The agency's proposal reflects a growing recognition that existing control measures are not sufficient to prevent workers from developing silicosis. We commend Cal/OSHA for taking this important step and encourage the Standards Board to move quickly to finalize these protections."

California has documented hundreds of confirmed silicosis cases among countertop fabrication workers (644 as of today), many of whom developed disease after relatively short periods of exposure. Researchers and regulators have found that artificial stone poses hazards distinct from natural stone products because of its exceptionally high silica content, the presence of nano-sized, high-surface area particles generated during fabrication, and the additional uniquely toxic blend of resins, dyes, glues and heavy metals incorporated into the material.

The proposed regulation also reflects developments in other jurisdictions. Australia implemented a nationwide prohibition on artificial stone in 2024 after concluding that enforcement efforts and engineering controls could not adequately protect workers from crystalline silica exposure. Australian regulators reported that safer alternative countertop materials were, and have remained, widely available and that the transition away from artificial stone did not result in economic disruption.

"Workers and families across California have lived with the consequences of this disease for far too long," Nevin said. "The proposed regulation provides a clear pathway toward reducing future cases of artificial stone silicosis while allowing businesses time to transition to safer alternatives that are already available in the marketplace."

About Brayton Purcell LLP

Brayton Purcell LLP is a California-based law firm with a decades-long history of representing individuals and families affected by occupational diseases and toxic exposures. The firm has handled litigation involving silica-related illnesses, asbestos-related diseases, and other toxic exposure claims throughout California and the United States.

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SOURCE Brayton Purcell LLP