Loading...
SR 10-10-2023 16H City Council Report City Council Meeting: October 10, 2023 Agenda Item: 16.H 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: Denise Anderson Warren, City Clerk Approved Forwarded to Council Attachments: A. Written Comments 16.H Packet Pg. 1018 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 16.H.a Packet Pg. 1019 Attachment: Written Comments (6064 : 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 16.H.a Packet Pg. 1020 Attachment: Written Comments (6064 : 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 16.H.a Packet Pg. 1021 Attachment: Written Comments (6064 : Engineered countertop impact ordinance)