“Statistics are Human Beings with the Tears Wiped Away” [*]

Those who cut our artificial stone countertops are breathing in silica dust and dying. Not just a few. In fact, so many that in Australia they’ve banned the product and adopted safer substitutes. In the U.S., however, the industry wants to ban workers from suing the manufacturers and Republicans are doing their bidding, introducing H.R. 5437, The Protection of Lawful Commerce in Stone Slab Products Act.

Dr. David Michaels, the former head of OSHA, points us to California’s tearless Silicosis Surveillance Dashboard: 511 cases of silicosis have been diagnosed among these workers; 29 have died (average age 46); 54 underwent lung transplants; and 98 percent of these workers are Latino.

In 2021, there were only two diagnosed silicosis cases in California. In 2025 there were 214. “The number of cases is rising rapidly,” Dr. Michaels wrote to me, “That’s the important point.”

Here’s the more tearful description form Dr. Michaels January 14 testimony before the House:

“The hallmarks of the disease: shortness of breath and diminished exercise capacity that progresses to an inability to climb even one flight of stairs. A short walk that should take just 20 minutes can take an hour. Working is difficult or impossible. People cough incessantly. They can’t sleep because it is difficult to breathe and they are kept awake coughing. Over time, people with more advanced silicosis require supplemental oxygen and can’t leave home without an oxygen tank. And they are at increased risk of dying from lung cancer.”

The crime behind this slaughter is that safer, profitable substitutes are available. As Micheals testified:

“There are substitute products that are comparable in use and cost, but which do not kill workers. Many substitutes are made from amorphous silica – a different and a safer material than crystalline silica. Since Australia banned countertops containing crystalline silica, countertops are fabricated from alternative products that look and cost the same but are safer for workers.”

But switching to safer products involves costs that the manufacturers would prefer to avoid. Why lose any profits at all? Why go through the disruptions involved in producing new products? Better to be shielded by your political allies.

The counter-top manufacturing industry doesn’t want to protect workers from harm; it wants protection from the workers it harms.

It worries this could become another asbestos epidemic that has cost asbestos manufacturers billions of dollars in payments to the victims. This time around, the industry is in position to nip it in the bud, given that the Republicans are in full control of all three branches of government.

What the industry dreads are third-party suits. Workers are not permitted, in nearly all circumstances, to sue their own employers for illnesses and exposures at work. Those claims are covered by state workers’ compensation programs. But harmed workers can and do sue manufacturers of equipment or substances that cause them harm. And if the harm can be proved to a jury, the compensation can be steep. It doesn’t make up for the damage to the exposed workers, but it provides some support to their families and pressures the industry to find safer substitutes for its harmful products.

The solution preferred by the countertop industry is simple: get a free pass, which is what this killer legislation would do. It would shield the entire industry from “persons who claim personal injuries as a result of exposure to silica dust produced during the alteration of such products in the course of their employment by third-party fabricators.”

Nice. No change needed, no interruption of profitable production, no switching to new products. No nothing except a few political donations to grease the skids. And that grease comes from millionaire Marty Davis, the CEO of Cambria, a large counter manufacturer, who has donated more than $800,000 to Republicans, and encouraged Trump to challenged the outcome of the 2020.

On this piece of legislation, the Democrats are saying the right things. The ranking Democrat on the House Courts, Intellectual Property, Artificial Intelligence and the Internet Subcommittee committee, which is pushing this legislation, said it as clearly as could be said:

“The bill behind today’s hearing would give blanket immunity to artificial stone manufacturers and suppliers, preventing injured workers from seeking justice in court. It would dismiss the hundreds of cases pending against these manufacturers.

…Our courts determine liability all the time. People petition the court, have their grievances heard, a judge and jury consider the evidence, and a judgment is rendered.

Manufacturers are asking for a different scenario – one where the deep pockets go to Congress, Congress makes a snap judgment, and the big businesses never have to go to court again. That’s not how our justice system is supposed to work, and I condemn the blatant misuse of this committee to shield corporations at the expense of the American worker.”

If only more Democrats would speak like this more often, millions of working people might hear them.

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[*] Attributed to journalist Paul Brodeur, author of Expendable Americans.