Silica Injury Claims: Understanding the Re-emergence of Silica Exposure as a Construction Pollutant and Legal Ramifications

The construction industry, while vital for infrastructure and development, harbors significant health hazards. Among these, silica exposure is re-emerging as a critical concern, leading to a rise in silica injury claims. According to NIOSH, exposure to respirable crystalline silica dust during construction activities can cause serious or fatal respiratory disease. This article delves into the resurgence of silica as a construction pollutant and explores the legal ramifications for affected workers.

What is Silica and Why is it a Construction Hazard?

Silica, or silicon dioxide (SiO2), is a natural substance found abundantly in rocks, sand, and soil. It is a primary component of common construction materials like concrete, brick, mortar, and engineered stone. When these materials are cut, ground, drilled, or otherwise disturbed, fine crystalline silica dust particles are released into the air. These particles, known as respirable crystalline silica (RCS), are small enough to penetrate deep into the lungs when inhaled. HSE reports that silica is the biggest risk to construction workers after asbestos.

Over 2 million construction workers and nearly 300,000 industry workers in the United States are exposed to silica dust.

The Health Risks of Silica Exposure

Inhaling RCS can lead to severe and often irreversible respiratory diseases, including:

Silicosis: A progressive, incurable lung disease characterized by inflammation and scarring of the lung tissue. Silicosis reduces lung capacity and impairs breathing, and if not appropriately managed it can be fatal.
Chronic Obstructive Pulmonary Disease (COPD): A group of lung diseases, including emphysema and chronic bronchitis, that cause airflow obstruction and breathing difficulties.
Lung Cancer: Prolonged exposure to silica dust, particularly crystalline forms, significantly increases the risk of developing lung cancer.
Other Respiratory Issues: Silica exposure can also contribute to other respiratory problems such as bronchitis, asthma, and an increased susceptibility to lung infections like tuberculosis.
Kidney Disease: Studies have linked chronic silica exposure to an increased risk of kidney damage and disease.

The Re-Emergence of Silica Exposure

While the dangers of silica have been known for decades, several factors contribute to its re-emergence as a significant construction pollutant:

Increased Use of Engineered Stone: The growing popularity of engineered stone in countertops and other applications has led to higher silica concentrations in workplaces. Engineered stone typically contains over 90% crystalline silica, posing a greater risk compared to natural stone.
Inadequate Safety Measures: Despite OSHA regulations and safety guidelines, many construction sites still lack adequate dust control measures, proper ventilation, and appropriate respiratory protection for workers.
Lack of Awareness: Some employers and workers may not be fully aware of the health risks associated with silica exposure or the importance of implementing effective prevention strategies.
Enforcement Issues: Limited resources and inconsistent enforcement of OSHA regulations can contribute to ongoing silica exposure violations in the construction industry.

Legal Ramifications and Silica Injury Claims

Workers who develop silicosis or other silica-related diseases due to workplace exposure may have grounds to file a silica injury claim. These claims typically seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the illness.

Types of Legal Claims

Most silica-related lawsuits are product liability cases and typically involve one or more of these legal claims:

Negligence: Claims based on negligence assert that employers or manufacturers failed to exercise reasonable care in protecting workers from silica exposure. This may involve inadequate safety measures, lack of training, or failure to warn about the hazards of silica.
Strict Liability: In some cases, manufacturers of silica-containing products may be held strictly liable for injuries caused by their products, regardless of negligence. This applies when the product is inherently dangerous or defective.
Breach of Warranty: Claims for breach of warranty may arise if a product fails to meet certain standards or guarantees, such as a respirator that does not provide adequate protection against silica dust.

Who Can Be Held Responsible?

Several parties may be held responsible in a silicosis lawsuit, depending on the circumstances of the exposure:

Employers: Employers have a legal duty to provide a safe working environment for their employees, including implementing dust control measures, providing respiratory protection, and training workers on silica hazards.
Manufacturers: Manufacturers of silica-containing products or equipment may be liable if their products are defective or lack adequate warnings about the risks of silica exposure.
Contractors and Subcontractors: In multi-employer workplaces, contractors and subcontractors may share liability if their actions or policies contribute to unsafe working conditions.
Property Owners: Property owners may be held responsible if silica exposure occurs due to unsafe conditions on their property, and they were aware of the risks but failed to mitigate them.

Statute of Limitations

Each state has laws known as statutes of limitation that set strict deadlines on how long a plaintiff can wait to file a personal injury lawsuit. The applicable statute of limitation time period varies in each state, but it is usually between 2-5 years. Silicosis is a disease that has a very long latency period of 10-20 years. This means that an individual may not develop silicosis until 10-20 years after they are exposed to silica dust.

Compensation in Silicosis Lawsuits

A successful silicosis lawsuit can provide financial relief for:

Medical expenses, including long-term care
Lost wages and diminished earning capacity
Pain and suffering
Funeral expenses, in cases of wrongful death

Preventing Silica Exposure: A Shared Responsibility

Preventing silica exposure requires a collaborative effort from employers, workers, and regulatory agencies. Key prevention strategies include:

Engineering Controls: Implementing engineering controls to minimize dust generation, such as using water suppression systems, local exhaust ventilation (LEV), and enclosed equipment.
Work Practices: Adopting safe work practices to reduce dust exposure, such as wetting down materials before cutting, using vacuums to collect dust, and avoiding dry sweeping or compressed air for cleaning.
Respiratory Protection: Providing workers with appropriate respirators when engineering controls are not sufficient to reduce exposure below the permissible exposure limit (PEL).
Training and Education: Training workers on the hazards of silica exposure, proper use of control measures, and the importance of respiratory protection.
Medical Surveillance: Offering regular medical exams, including chest X-rays and lung function tests, for workers exposed to silica.
Regulatory Compliance: Adhering to OSHA regulations and other applicable safety standards to ensure a safe working environment.

OSHA Regulations and Enforcement

OSHA has established comprehensive regulations to protect workers from silica exposure, particularly in the construction sector. The Respirable Crystalline Silica Standard for Construction (29 CFR 1926.1153) outlines the permissible exposure limit (PEL), required engineering controls, medical surveillance, and other vital requirements that employers must follow.

OSHA’s Permissible Exposure Limit (PEL) for respirable crystalline silica remains:

50 micrograms per cubic meter of air over an 8-hour shift.
25 micrograms per cubic meter as the Action Level, triggering mandatory exposure monitoring and safety measures.

Employers must develop and maintain a written Exposure Control Plan (ECP) outlining the procedures to protect workers from silica exposure. This plan must identify:

Tasks involving potential silica exposure.
Engineering controls, workplace practices, and respiratory protection to be used for each task.
Procedures for housekeeping practices that minimize dust accumulation.
Procedures to restrict access to work areas with high silica dust exposure.

Conclusion

The re-emergence of silica exposure as a construction pollutant poses a significant threat to worker health and safety. Understanding the risks, implementing effective prevention strategies, and ensuring regulatory compliance are crucial for protecting workers from silicosis and other silica-related diseases. Workers who have been exposed to silica dust and developed respiratory problems should seek medical attention and explore their legal options to pursue compensation for their injuries.