Episode 4: Hierarchy of Controls

Episode 4: Hierarchy of Controls

From Dust to Verdict is a podcast dedicated to the new epidemic of accelerated silicosis in artificial stone countertop fabrication workers hosted by James Nevin, a partner at Brayton Purcell LLP. 

In this episode, host James Nevin takes a deep dive into the critical question: Why are artificial stone fabrication workers still developing silicosis at alarming rates despite established safety standards? Building on the previous discussion of California’s growing surveillance data—now documenting over 350 confirmed cases—Nevin unpacks the Hierarchy of Controls, a framework developed by health authorities like NIOSH and OSHA to protect workers from toxins and carcinogens.

The episode explores each tier of this hierarchy, beginning with the most effective solutions—elimination and substitution. Nevin highlights how replacing high-silica artificial stone with natural stone, low-silica, or no-silica alternatives could drastically reduce exposure risks. Yet, responsibility lies with manufacturers and suppliers, who continue distributing hazardous products despite already having safer substitutes available.

From there, Nevin examines engineering and administrative controls, such as banning dry cutting, using wet equipment, and implementing local exhaust ventilation. While these measures reduce exposure, studies show that even wet cutting fails to lower silica dust levels to safe thresholds, leaving workers still vulnerable.

Finally, the discussion turns to personal protective equipment (PPE)—respirators, filters, and powered air-purifying helmets. Though these provide a last line of defense, they are riddled with limitations: poor fit, clogged filters, health restrictions, and, ultimately, ineffectiveness against the microscopic, nano-sized silica particles in engineered stone.

Nevin drives home a sobering conclusion: no level of workplace controls—short of robotic fabrication or “moon-suit” style protection—can fully safeguard workers. True prevention requires industry accountability. Manufacturers must eliminate or substitute dangerous materials rather than relying on ineffective stopgap measures.

This episode underscores the urgency of rethinking product design and holding suppliers accountable, framing the epidemic not as a failure of worker compliance, but as a systemic issue rooted in the materials themselves.