Silicosis, a rising concern for business owners?

Silicosis is defined by the American Lung Association as “a type of pulmonary fibrosis, a lung disease caused by breathing in tiny bits of silica, a common mineral found in sand, quartz and many other types of rock.”

It is one of the oldest recognized pulmonary diseases caused by occupational hazards. Since at least the early 1900s, Silicosis and its effects were recorded as either the underlying or contributing cause of death for millions of American workers.

In response, numerous federal and state organizations have taken significant actions to safely regulate workplace environments.

On March 25, 2016, The National Institute for Occupational Safety and Health Administration, OSHA, published the final rule on Occupational Exposure to Respirable Crystalline Silica. The rule further decreased the permissible exposure limit to respirable crystalline silica for general industry, maritime, and construction workers citing that workers exposed to respirable crystalline silica are at increased risk of developing silicosis and other non-malignant respiratory diseases, lung cancer, and kidney disease. It also included other provisions to protect employees, such as requirements for exposure assessment, methods for controlling exposure, respiratory protection, medical surveillance, hazard communication, and recordkeeping.

Enforcement of these rules went into effect in 2017. However, recent findings by the Centers for Disease Control and other agencies have found that Silicosis cases are on the rise. The reason for this appears to be the increase in use of artificial and engineered stone in home construction. From 2010 to 2018, imports of the material rose about 800%.

Artificial stone is a composite material made of finely crushed elements including quartz as the major filler, with the addition of colored glass and metals bound together by a polymer resin. This artificial stone is primarily used in constructing kitchen and bathroom countertops as a cheaper alternative to real granite or stone.

However, the price to workers can be quite high. The silica content of artificial stone is approximately 90% higher than natural stones. As a result, exposure to artificial stone silica can be more deadly, more quickly. With nearly 100,000 U. S. workers potentially exposed to artificial stone silica in their occupation, many wonder if this is the beginning of a tidal wave of cases.

Naturally, the increase in cases will lead to an increase in litigation against related businesses and their owners. As such, any business that uses artificial and engineered stone should act as soon as possible to ensure that workers are properly protected, and government regulations are complied with. A failure to do so could lead to ever escalating liabilities.