House Judiciary subcommittee hears dueling views on H.R. 5437 and silicosis risk in stone fabrication

Members of a House Judiciary subcommittee spent nearly three hours on Jan. 13 debating H.R. 5437, a bill backed by stone-industry groups that would limit manufacturers’ liability for worker illnesses tied to the fabrication of engineered stone. Industry witnesses said sprawling litigation threatens family-owned distributors and manufacturers; public-health experts said immunity would make matters worse for sick workers and public payers.

Rebecca Schulte, chief legal officer at Cambria, told the panel Cambria complies with OSHA and that the company’s own fabrication operations have no reported cases of occupational disease. "We support H.R. 54 37," Schulte said, arguing that lawsuits are being filed against downstream manufacturers who did not fabricate or operate the shops where workers were exposed.

Jim Heeb, chief executive of the Natural Stone Institute, and Gary Talwar of Natural Stone Resources echoed that concern, saying distributors and small companies are being named in large numbers of suits and face crippling defense costs. Talwar described his family business’s experience: "We're facing 65 silica lawsuits, higher insurance premiums, and mounting litigation costs," he said.

Dr. David Michaels, an epidemiologist at the Milken Institute School of Public Health and a former OSHA assistant secretary, urged caution about any statutory immunity. "Silicosis is a deadly, devastating, and thoroughly preventable disease," Michaels said, and he warned that prohibiting lawsuits would remove an important mechanism that has encouraged safer practices in other industries. He cited California surveillance data indicating a cluster of cases linked to artificial (engineered) stone and said safer substitutes exist.

Lawmakers split along familiar lines. Supporters said litigation is being used to regulate through courts, that 95% of Cambria’s suits are pending in California, and that small, family-owned firms across the country could be driven out of business. Opponents said juries and tort law should decide liability case by case and that H.R. 5437 would strip workers of legal recourse and transfer long-term costs to public health systems and taxpayers.

Panel members pressed witnesses on factual points. Industry witnesses pointed to training programs, Cambria’s "Cambria University" and other compliance efforts as evidence that engineered stone can be fabricated safely when OSHA rules are followed. Michaels countered that OSHA’s permissible exposure limits balance technological and economic feasibility with health, and that engineered stone—because it contains high concentrations of crystalline silica and resin coatings—may cause disease faster and in younger workers than some natural stone exposures.

Several members entered letters and reports into the record on both sides of the issue, including submissions from public-health groups and labor organizations opposing H.R. 5437 and industry associations supporting it. No vote occurred; the hearing concluded with an agreement that additional written materials and questions for the record will be accepted during the next five legislative days.

The hearing’s next procedural step is not specified in the record; members may follow with additional questions and submissions before any markup or further committee action.