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A construction worker using an electric handsaw to cut marble tiles

Founder & Principal Attorney
Maison Law
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Most construction materials used to renovate or build a home contain silica dust, some of which include stone, rock, sand, gravel, clay, bricks, tiles, concrete, quartz, and certain plastics. Exposure to this dust can increase the risk of developing numerous health problems, according to data from the Occupational Safety and Health Administration (OSHA). As of the writing of this article, an estimated 2.3 million people in the U.S. have jobs that expose them to silica.

It is worth noting that silica dust exposure is not limited to the construction industry alone. According to the U.S. Department of Labor, the Centers for Disease Control and Prevention (CDC), and other government and private organizations, those who work in electronics, mining, dentistry, fabrication, and manufacturing sectors are also susceptible to silica dust exposure. And that exposure can be just as damaging to their health. As unsettling as this all is, there is some good news. Many states, including California, are taking steps to help minimize silica dust exposure in the workplace.

How California Laws Are Helping to Reduce Silica Dust Exposure in the Workplace

Effective December 29, 2023, the California Occupational Safety and Health Standards Board introduced safety regulations to ensure the health and safety of workers. It requires employers to ensure employees are not exposed to airborne concentrations of respirable crystalline silica over 50 micrograms per cubic meter of air (50 μg/m3) in an 8-hour workday. These safety regulations are supposed to minimize health problems caused by exposure to silica dust, such as silicosis, a form of occupational lung disease, kidney disease, and respiratory problems. According to the California Occupational Safety & Health Standards Board, all California employers, irrespective of industry, must adhere to the following:

  • Explain the health risks associated with exposure to silica dust in such a way that employees of all education levels can understand.
  • Use wet methods or vacuums equipped with high-efficiency particulate air (HEPA) filters to reduce exposure to silica dust in the workplace.
  • Provide all employees with suitable respiratory protection to mitigate the risk of silica dust exposure.
  • Report confirmed cases of silicosis and other diseases related to silica dust exposure to the California Division of Occupational Safety and Health (Cal/OSHA) and the California Department of Public Health within 24 hours.
  • Close any workplace or work environment not in compliance with California Occupational Safety and Health Standards Board safety regulations.

Legal Remedies Available to Individuals Exposed to Silica Dust in the Workplace

Exposure to silica dust in the workplace significantly increases the risk of developing silicosis, which, in turn, heightens the risk of being diagnosed with chronic obstructive pulmonary disease (COPD), lung cancer, kidney disease, and many other health problems. Symptoms typical of silicosis can include the following:

  • Chest pain
  • Chronic cough
  • Fatigue
  • Respiratory infections
  • Shortness of breath

If you have been diagnosed with any of these diseases due to exposure to silica dust in your workplace, you may be eligible to receive financial compensation. That compensation can come by way of any of the following:

  • Worker’s compensation – Many cases involving silica dust exposure require filing for workers’ compensation benefits, which cover medical expenses, rehabilitation costs, and lost wages. California law mandates that employers provide worker’s compensation to employees injured or who have become sick on the job.
  • Personal injury claim – If your exposure to silica was due to your employer’s negligence or unsafe working conditions, you are entitled to file a personal injury lawsuit against that employer. Doing so requires proving that an employer failed to provide a safe working environment.
  • Product Liability Claim – Construction workers and countertop fabricators exposed to silica dust can sue manufacturers of engineered stone countertops if they fail to warn about known silica risks. That’s because California law requires that manufacturers ensure their products are safe.

In summary, exposure to silica dust in the workplace can compromise an individual’s health and, in extreme cases, may even cost them their lives. If you have been diagnosed with silicosis or any other health problem related to silica dust exposure, consider discussing your legal options with a licensed and experienced personal injury attorney today.

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