SR 10-24-2023 8J
City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.J
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services
Department
Subject: Request of Councilmember Brock that the City Attorney and City Manager
consider developing and evaluate the impacts of an ordinance prohibiting the
manufacture, sale, and/or installation of engineered countertops in Santa
Monica. The fabrication of engineered countertops releases silica dust, and
inhalation of silica dust can cause silicosis, a serious and deadly disease. On
June 6, 2023, the Los Angeles County Board of Supervisors adopted a
motion instructing the Director of Public Health to report on options to ban the
sale, fabrication, and installation of silica fabricated stone in Los Angeles
County. In addition, the California Division of Occupational Safety and Health
has indicated that they will develop workplace standards for workers who
handle engineered stone. Prior to developing a local ordinance, the City
Attorney and City Manager are being asked to consider the findings of the
Los Angeles County Director of Public health and standards developed by
Cal/OSHA to determine its feasibility.
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved
Forwarded to Council
Attachments:
A. Written Comments
B. Attachment
8.J
Packet Pg. 465
1
Xavier Mota
From:Gina Gribow <gina@ekapr.com>
Sent:Tuesday, October 10, 2023 4:17 PM
To:Denise Anderson-Warren
Cc:councilmtgitems
Subject:Item 16H - Delay Discussion Until County Report Back
Attachments:Stone Coalition Letter re Item 16H 10.10.pdf
EXTERNAL
Denise,
AƩached please find a leƩer from the Stone CoaliƟon in relaƟon to Item 16H on tonight’s agenda. This has been
circulated to the City Councilmembers.
All the best,
Gina Gribow
Gina Gribow
Senior Vice President
gina@ekapr.com
Office: 213.741.1500 x547
Cell: 925.999.5896
2335 E. Colorado Blvd., Suite 115
Pasadena, CA 91107
www.ekapr.com
ITEM 16.H. October 10, 2023
ITEM 16.H. October 10, 2023
8.J.a
Packet Pg. 466 Attachment: Written Comments (6106 : Engineered countertop impact ordinance)
October 10, 2023
Subject: Item 16H – Delay Discussion Until County Report Back
Dear Santa Monica City Councilmembers,
On behalf of the Stone Coalition, a group of stone fabricators, manufacturers, and other members of the
stone industry, we write to express our shared support for workplace safety practices in the stone
cutting and fabrication industry in Los Angeles County. Before taking any action on this important issue,
we urge you to wait for the County’s Department of Public Health to finalize its report and
recommendations.
To provide you with some context on the stone industry, it is not unlike the building industry in
general—worker safety and health is of critical importance to the stone industry. The issue at hand is
not a product issue, but rather a fabrication process issue that applies to all silica-containing products,
including all stone products. Because of this, we must address the root cause of the fabrication process
issue: employers must ensure all necessary safety rules are followed to protect their workers’ health and
safety. As recently explained by Cal/OSHA, “Silicosis in the Stone Fabrication Industry is
Preventable. Exposures to RCS [respirable crystalline silica] and resulting disease and deaths are
completely preventable through the use of well-established industrial hygiene controls.” Compliance
with these well-established industrial hygiene requirements is essential, and, in particular, we strongly
support all efforts to completely eliminate any practice of dry-cutting, dry-grinding, and dry-sanding of
any stone product.
Stone products are safely handled and worked on every day, including in Los Angeles County, and silica
is present in a wide range of other building products. Although many fabrication companies throughout
the United States provide safe working conditions and insist on adherence to safety rules and
regulations, our group continues to support efforts to ensure that all fabricators consistently adhere to
the rules and regulations to protect all stone workers. Specifically, fabrication employers must provide
effective wet cutting methods, training, air monitoring and adherence to air quality requirements,
engineering air handling controls, personal protective equipment (PPE), and medical surveillance in
compliance with OSHA regulations.
The Stone Coalition is committed to supporting safe workplace practices for processing stone and
providing access to resources and education about required work practices to safely cut, fabricate and
polish all types of stone. We are also available to support the development and distribution of targeted
multilingual outreach and education materials and messaging. At the stone industry’s institute, the
Natural Stone Institute, we have many education, training and certification opportunities available to all
stone industry fabricators.
Stone products, including engineered stone, have been manufactured and fabricated safely for
decades—a potential ban focusing on the products does not address the primary issue of worker safety,
which relates to the fabrication of all stone products. The Los Angeles County Department of Public
Works’ report dated July 25, 2023 likewise focuses on ensuring workplace safety through the
enforcement of rules and regulations, as opposed to focusing on specific products. Moreover, it is
ITEM 16.H. October 10, 2023
ITEM 16.H. October 10, 2023
8.J.a
Packet Pg. 467 Attachment: Written Comments (6106 : Engineered countertop impact ordinance)
worth noting that silica containing stone is a versatile material widely used in various construction and
design projects. Its durability, aesthetics, and cost-effectiveness make it a preferred choice for many
homeowners, builders, and architects.
The Stone Coalition has been working hand in hand with both the County and the State to serve as a
resource for stone fabrication discussions. As we have shared with both the County and the State, we
recommend an approach that prioritizes adherence to OSHA requirements and regulations, all safety
protocols and rules, necessary air testing and air quality compliance, the mandatory use of appropriate
PPE when required, and the elimination of the process of dry-cutting for all stone products. Further, we
recommend pragmatic solutions that prioritize worker safety and safeguard the livelihoods of members
of the stone industry. Effective solutions may include: increased promotion and education, formal
certification programs, and stricter oversight and enforcement of existing safety standards including the
elimination of all dry-cutting of stone products.
In addition to the County and the State focusing efforts on workplace safety, the Occupational Safety
and Health Administration (OSHA) at the federal level is also doubling down on its efforts. Specifically,
OSHA has recently introduced “a new inspection initiative that will focus on conducting enhanced
enforcement and compliance assistance efforts in the engineered stone fabrication and installation
industries. A primary goal of this initiative will be to prioritize OSHA inspection activities in workplaces
where workers are typically exposed to high levels of silica, and to identify hazards and ensure prompt
abatement.” The Stone Coalition applauds and fully supports OSHA’s new inspection initiative.
As the County’s Department of Public Health is slated to publish its report in a few short weeks, we
would appreciate the City of Santa Monica waiting to take any action until then. By fostering a culture
of safety and employer responsibility, we know we can protect workers while preserving workers in Los
Angeles County’s ability to continue to participate in the stone industry.
Sincerely,
James A. (Jim) Hieb, CAE
Chief Executive Officer
Natural Stone Institute
Marty Davis
CEO, Cambria
Nate Kolenski
President
Block Tops, Inc
Matthew Kahny
President, Dal-Tile
ITEM 16.H. October 10, 2023
ITEM 16.H. October 10, 2023
8.J.a
Packet Pg. 468 Attachment: Written Comments (6106 : Engineered countertop impact ordinance)
Item 8.J
Beautiful Quartz Countertops Are Hurting Workers and Should Be Banned
Quartz countertops are super popular because they're tough and can handle stains,
scratches, and heat. But there's a big problem: the people who make these countertops are
getting sick and even dying from lung diseases when they're still young.
Engineered quartz countertops are created by mixing crushed quartz stone with resin and
dyes, giving them a stunning appearance that many people love. However, it's crucial to know
that these countertops have a lot more silica than countertops made from natural materials like
granite or marble, or even synthetic materials like plastic laminate or solid surfacing (made from
minerals like marble mixed with acrylic, resins, and pigments).
The high silica content in quartz countertops can be extremely harmful to the health of
those who work with them. Many of these workers are low-income immigrants who often don't
have health insurance. They are typically employed in small workshops in the Los Angeles area
that may have poor working conditions and lack safety certifications. These slabs are in
extremely widespread use, and it is time for Santa Monica to consider banning this product.
In the past decade, doctors discovered that workers cutting and fabricating countertops
from these materials often develop a serious lung disease called silicosis, sometimes referred to
as "black lung" in the context of coal mining—an illness caused by breathing in tiny pieces of
silica. Silicosis makes you cough a lot, get out of breath, feel tired, lose weight, and it scars your
lungs. It may increase your risk of developing serious conditions such as lung cancer, chronic
obstructive pulmonary disease (COPD), and kidney disease. A large percentage of victims die
from the illness.
California—and Los Angeles County in particular—is the epicenter of this problem in the
U.S. A recent study, conducted by researchers from the University of California, San Francisco,
UCLA, and the California Department of Public Health, revealed that between 2019 and 2022,
52 engineered stone workers in California were diagnosed with silicosis; 51 of them were Latino
immigrants. Among these patients, 20 had advanced-stage silicosis, and tragically, 10 of them
have passed away. The average age of these patients was 45, and they had worked in the stone
industry for about 15 years. Most of these cases are concentrated in the Los Angeles area. But the
problem is not confined to these individuals.
A co-author of the study warned that without intervention, we may witness hundreds, if
not thousands, more cases over the next decade because silicosis takes years to develop. Other
experts are also sounding the alarm, saying that if we don't act fast, we could see many more
cases of silicosis in the coming years. They want better protection for workers, quicker diagnosis
of the disease, strong safety measures in shops where countertop fabricators work, and maybe
even an outright ban on quartz countertops.
The issue has been getting attention in the press, most recently last week in the Los
Angeles Times, as well as LAist, Fast Company, and other publications. Cal/OSHA has taken
notice. It recently began working on an emergency silica rule and launched a special
enforcement program to address this problem. And the Los Angeles County Board of
8.J.b
Packet Pg. 469 Attachment: Attachment (6106 : Engineered countertop impact ordinance)
Item 8.J
Supervisors has instructed the director of Public Health to prepare a report outlining options for
banning the sale, fabrication, and installation of silica-based stone countertops in the county.
All of these measures, while noteworthy, will take a long time to produce real, effective,
life-saving action. Reports, studies, and committees will do their thing, but in the meantime,
demand for these countertops continues to grow, including in many new projects under
construction in Santa Monica, and workers with few protections continue to get sick. An
example of such a worker is the case described in the recent study published in JAMA Internal
Medicine of Leobardo Segura-Meza, a Mexican immigrant who arrived in the U.S. in 2012 and
found work as a stone worker in Los Angeles. Despite taking precautions like wearing a mask
and using tools to reduce dust exposure, he was diagnosed with silicosis at the age of 27 in
February 2022. Since then, he has relied on an oxygen tank, can no longer provide for his wife
and three children, and is on a waiting list for a lung transplant. He recently told the California
OSH Safety Board that two of his former co-workers had died waiting for transplants and that
he’s worried about running out of time before a lung transplant becomes available for him.
Santa Monica can do its part to help save the health and lives of these stone workers. Our
city can take concrete steps to make sure these workers stay safe, and one key option is to ban
high-silica materials in projects built within city limits. This would significantly reduce the
health risks these workers face. The city can enact an emergency ordinance requiring planning
officials to prohibit these materials when they approve building permits, force builders to certify
that these materials are not being used, and require code-enforcement officials to visit
construction sites to make sure the ban is carried out.
The city will encounter stiff opposition from industry supporters who fear job losses and
economic problems if high-silica materials, such as quartz countertops, are banned. They have
already argued that better safety measures and equipment can protect workers without the need
for a ban. However, as Cal/OSHA has noted, most employers in this industry, and particularly
small businesses, are unable or unwilling to use well-recognized engineering and work practices
that could help reduce illness due to silicosis, a fact that was evident during a special program to
help reduce this problem in 2019 and 2020, during which the agency observed widespread non-
compliance with the rules.
New rules are coming, both in L.A. County and the State of California. The process of
passing those rules will take considerable time. But in the meantime, countertop workers with
few resources and little health insurance continue to get sick, and even die, from the cutting,
sawing, and sanding of these materials. Other, far less damaging countertop materials, just as
beautiful and durable, are widely available. The city of Santa Monica has shown that it can act
nimbly when the occasion calls for it.
The occasion is calling. The city must act now.
Daniel Jansenson, Architect, Building and Fire-Life Safety Commission, for S.M.art
(Santa Monica Architects for a Responsible Tomorrow).
8.J.b
Packet Pg. 470 Attachment: Attachment (6106 : Engineered countertop impact ordinance)
Item 8.J
Thane Roberts, Architect, Robert H. Taylor AIA, Dan Jansenson, Architect, Building and
Fire-Life Safety Commission, Samuel Tolkin Architect, Planning Commissioner, Mario Fonda-
Bonardi, AIA, Michael Jolly, AIR CRE.
8.J.b
Packet Pg. 471 Attachment: Attachment (6106 : Engineered countertop impact ordinance)