Silicosis: Types of Legal Claims Related to Silica Exposure

According to the American Lung Association, over 2 million workers in the United States are at risk for silica exposure. Individuals working in stone fabrication and construction workers are potentially exposed to the deadly and dangerous substance daily. This exposure can cause a serious, incurable lung disease called silicosis. If you are exposed to silica and receive a silicosis diagnosis, it’s important that you understand your legal rights. 

What is Silica and How is It Dangerous?

Crystalline silica is a common mineral found in many naturally-occurring materials used in industrial products such as concrete, sand, mortar, and stone. The material consists of miniscule particles, usually at least 100 times smaller than ordinary sand found on beaches. It is made through high-energy operations like grinding, cutting, drilling, crushing, and sawing rock, stone, brick, mortar, concrete, and block. 

People can become exposed to silica during the manufacture of products like bricks, glass, ceramics, concrete, pottery, artificial stone, and countertops. They can also be exposed during the installation or demolition of these products. 

Exposure to silica is dangerous because it is known to cause multiple diseases, including silicosis. This is an incurable lung disease that can lead to severe disability and death. Exposure to silica can also cause chronic obstructive pulmonary disease (COPD), lung cancer, and kidney disease. 

Silicosis is considered a progressive lung disease caused by a person’s exposure to silica dust. Symptoms can include shortness of breath, cough, fatigue, night sweats, fever, weight loss, leg swelling, and chest pain. 

While there is no cure for silicosis, treatment can help ease the symptoms. If you believe you have been exposed, it’s important to see your physician for testing. 

OSHA Silica Regulations and Standards

OSHA Directive CPL 03-00-023 updated the policies and procedures employers who deal with “Respirable Crystalline Silica” (RCS) must follow. The standard was made effective in 2020 and references scheduling systems, inspection procedures, field operations instructions, and enforcement. It applies to construction, maritime, and general industries. Some of the guidelines include:

• The standards set a permissible exposure limit (PEL) for RCS of 50 micrograms per cubic meter as an 8-hour weighted average.
• Site inspections will be carried out by area offices on a regular schedule and in response to referrals and complaints. 
• State plan participation is mandatory. 

Your Rights as a Worker According to OSHA

According to OSHA, all workers have a right to a safe workplace that doesn’t place them at risk of injury or illness. If your employer is subject to OSHA regulations, you also have the right to:

• Regular training and information about workplace hazards and the ways you can prevent dangerous exposure to substances like silica
• Proper safety gear and personal protective equipment (PPE)
• Access to job site-specific records related to safety hazards and any records documenting past work-related illnesses or injuries
• File a confidential complaint with OSHA and request that the agency conduct a site inspection without fearing employer retaliation

If you are concerned about silica exposure at your current job, you may wish to report the matter to OSHA. It’s also a good idea to schedule a healthcare screening for silicosis. 

Types of Legal Claims Related to Silica Exposure

If you’ve been diagnosed with silicosis or another silica-related disease due to exposure to this dangerous material, you have legal rights. There are two ways you can pursue a silica exposure lawsuit, depending on your circumstances. 

If the responsible party failed to take reasonable steps to protect you from exposure to silica dust, you may have a case based on negligence. This could include failing to tell workers about the presence of silica or failing to provide workers with necessary safety equipment to avoid inhaling harmful dust. 

It may also be possible to file a product liability claim after becoming ill with silicosis. For example, if you worked with products containing silica and the manufacturer failed to disclose this or failed to provide instructions for safe handling, you may have a strong legal case. This would be similar to suing asbestos products companies after being diagnosed with an asbestos-related disease. 

Understand Your Rights If You’ve Been Exposed to Silica

OSHA’s standards are in place to protect the health and safety of workers. Unfortunately, many workers are still exposed to dangerous substances like silica and end up with serious health-related conditions. 

Most U.S. employers are subject to OSHA standards, meaning you have the right to expect these protections and to assert your rights if you’ve become ill. If you’ve been diagnosed with silicosis and would like more information about your rights, OSHA Injury Attorney can help.