CA Silicosis Legislation Withdrawn
SACRAMENTO, Calif. – The proposed legislation to significantly change the fabrication and handling of hard-surfaces materials in California is dead – for this year.
Assemblywoman Luz Rivas (D-San Fernando Valley) withdrew AB 3043, dubbed the Silicosis Prevention Act, from further consideration last week.
The legislation, which provided for licensing fabrication shops, controlling sales of sabs, silicosis-safety training, and the banning of dry cutting of manufactured stones, had passed California’s lower house by unanimous vote in May.
On July 3, however, Rivas canceled a hearing on the bill by a state senate committee, effectively killing the legislation for the California General Assembly’s current session.
AB 3043 garnered a wide variety of support, including labor unions and stone-industry manufacturers. However, the legislation apparently ran afoul of state regulators.
“Through the creation of a tracking system, we sought to ensure compliance with recently promulgated regulations from the Department of Industrial Relations,” said Rivas in a statement on the bill’s withdrawal. “However, following multiple efforts to work with our state regulators, it is clear that they are not receptive to creating a tracking system to identify licensed fabrication shops purchasing products from stone manufacturers and distributors that would protect these workers.
“Therefore, I have made the tough decision to pull my bill so that future legislators can continue to monitor the effectiveness of these regulations. I will personally work with federal, state, and local offices to guarantee that any future permanent regulations are the toughest possible to protect the health and safety of our workers.”
Rivas made clear, however, that pulling the bill doesn’t weaken her resolve on battling silicosis among fabrication workers.
“I want to be clear – Latino workers are not expendable,” Rivas said. “When I introduced AB 3043 in February, 95 silicosis cases had been reported in California, and 60% of these cases were in my district. Between 2019 and 2022, 52 manufactured stone workers were diagnosed with silicosis, 51 of whom were Latino immigrants.
“Twenty of these patients had advanced stages of silicosis, ten individuals died, four workers received lung transplants, and five were under evaluation.”
Rivas added that, “I hope the state’s outreach efforts are robust and effectively track fabrication shops that attempt to avoid complying with regulations by simply relocating throughout California.”
Chris Hannan, president of the union-worker coalition State Building and Construction Trades Council, thanked Rivas for her efforts, but expressed concern over the bill’s withdrawal.
“We are disappointed that AB 3043 will not have the opportunity to do what it was designed to do: save lives,” Hannan said. “The fact remains that workers engaged in the fabrication and cutting of engineered stone are dying from the devastating effects of silica exposure.”
The Silica Safety Council, a self-described “collective of dedicated stone fabricators, manufacturers, stone distributors, and industry professionals,” also expressed regret on the AB 3043 stoppage.
“We are most appreciative of Assemblymember Luz Rivas’ efforts this year to work with the industry in advancing AB 3043 to develop a strong statutory framework to protect workers in the countertop fabrication industry,“ noted the group in a statement. “While AB 3043 will fall short of the finish line this year, the efforts, partnership, and collaboration won’t be lost as we collectively continue to look for opportunities to support the industry in a way that protects our valued workers.
“There is simply too much at stake to not re-double these efforts in the coming months.”
Rivas thanked the trades council for sponsoring AB 3043, and the Silica Safety Council and “the stone producers for their willingness to self-fund a tracking system to weed out bad actors.”
She also thanked members of her office – Chief of Staff Matthew Montgomery and Legislative Director Judy Yee – for their efforts.
“I would also like to extend my deepest appreciation to Congressmember Tony Cardenas, American Lung Association of California, California Labor Federation, City of Los Angeles, County of Los Angeles Board of Supervisor, Dolores Huerta Foundation, Dr. Jane Fazio, and the Western Occupational & Environmental Medical Association for their unwavering commitment to protecting workers and saving lives,” Rivas added.
