Silica Related Lawsuits


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Silicosis Prevention

As leaders in this industry, we all agree on one thing: employee safety must always be our top priority. Silicosis is a serious issue, and every company that fabricates stone products must be committed to implementing best practices. We continue to urge our members to rely on guidance from NIOSH, OSHA, MSHA, and the many resources developed by our trade associations. Resources available at www.naturalstoneinstitute.org/silica.

Protecting Fair Commerce in Stone Slab Sales: Understanding H.R. 5437

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Silica-related lawsuits are impacting quarriers, distributors, and others who sell or re-sell raw stone slab material.  Business impacted are both big and small.

In recent years, manufacturers and distributors have been named in more than 300 lawsuits, largely stemming from fabrication shops that failed to follow required OSHA safety practices. Stone slabs are not hazardous when fabricated in compliance with federal and state safety regulations, including proper wet-cutting and dust-control measures. Nevertheless, companies that had no involvement in unsafe fabrication practices are being unfairly held responsible.

The Natural Stone Institute (NSI) is actively supporting H.R. 5437, the Protection of Lawful Commerce in Stone Slab Sales Act, which provides needed clarity on liability in the sale of raw stone materials and helps protect responsible businesses from being unjustly targeted. A Senate companion bill has not yet been introduced.

While lending support to support sellers of stone slab materials, there are elements of this bill missing to which the NSI will advocate as possible amendments to the legislation:

  1. Inclusion of equipment/tooling suppliers who are also being named in lawsuits for selling auxiliary products (e.g. blades, pads, etc).
  2. Recognition of fabricators who have demonstrated compliance with MSHA and OSHA regulations.

What the Legislation Does

The Protection of Lawful Commerce in Stone Slab Products Act would protect manufacturers and distributors from civil actions for injuries caused by the unsafe alteration of stone slabs by third parties.

They have defined “stone slab” as products including natural stone, engineered stone, and porcelain.

Key Provisions (SEC. 3)

  1. Prohibition: A qualified civil action may not be brought in any federal or state court.
  2. Dismissal: Any qualified civil action pending at the time of enactment must be dismissed within 30 days.

This legislation preserves accountability for unsafe practices where they actually occur, while preventing misuse of the legal system against companies who merely sell raw building materials.

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Who is Affected?

This legislation directly impacts Natural Stone Institute members involved in:

  1. Quarrying
  2. Stone distribution
  3. Fabrication
  4. Re-sale of natural or engineered stone slabs

Many in these segments are currently facing lawsuits, rising insurance costs, and significant financial risk despite following safety requirements and having no involvement in unsafe fabrication practices.

What You Can Do

Your engagement is essential to advancing H.R. 5437 and protecting the future of our industry. Three key items you can do to make a difference:

  1. Contact Your Member of Congress

    Call or email your Representative and ask them to cosponsor H.R. 5437, the Protection of Lawful Commerce in Stone Slab Sales Act.

    We encourage you to reach out to Members of Congress who represent:

    • Districts where your company does business
    • Districts where your employees reside
    • Districts where your facilities are located

    Find Your Representative

    If you make a meaningful connection with a congressional office (meeting scheduled, strong interest, follow-up requested, etc.), please let us know at Executive@naturalstoneinstitute.org so we can share it the staff team at Brownstein Hyatt Farber Schreck, LLP.

  2. Submit a Letter of Support

    The most impactful step you can take is to submit a formal letter of support on behalf of your company.

    1. Draft your letter of support using your company's letterhead.
    2. Sign the letter
    3. Email a PDF copy to:
      1. William Moschella
        Co-Chair, Government Relations Department
        Brownstein Hyatt Farber Schreck, LLP
        wmoschella@bhfs.com
      2. CC: Executive@naturalstoneinstitute.org
    4. Mail a hard copy of your signed letter to the congressional offices you contacted, following their stated mail-in guidelines.

    Sample Support Letters

    These resources can be used as a starting point, but personalized letters that reflect your company’s story and impact are especially powerful.

  3. Encourage Others to Join the Effort

    • Urge trade associations and industry partners to support the bill.
    • Publish an op-ed or share on social media about why H.R. 5437 matter

Key Resources:

Between a Rock and a Hard Place: Protecting the U.S. Stone Slab Industry from Lawfare

Hearing of the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet on January 15, 2026.

Live Stream

Industry Support

This legislation is supported by multiple industry trade associations including Natural Stone Institute, Barre Granite Association, Elberton Granite Association, Indiana Limestone Institute of America and National Kitchen and Bath Association.

NSI Letter of Support

Barre Granite Association Letter

Elberton Granite Association Letter

ILIA Letter of Support

 
Impact of Congressional Legislation to Prohibit Lawsuits Against Manufacturers & Sellers of Stone Slab Products

Webinar presented to Natural Stone Institute members on October 8, 2025.

Access Recording

 
H.R. 5437

This bill was introduced in the U.S. House on Nov. 6, 2025.

View Bill

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