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)