Silica and Silicosis: Legal Information

Silica is a natural chemical in rock, soil, and dust. It’s like asbestos. You can’t see or smell it. Silica exposure can cause severe health conditions. These include lung disease, lung cancer, and silicosis.

Silicosis is a severe lung disease characterized by the scarring and hardening of lung tissue. You can develop silicosis from breathing in crystalline silica. It mostly strikes people working in environments with high concentrations of silica dust.

High-risk occupations include the following:

• Mining
• Construction work
• Stone cutting
• Manufacturing

Unfortunately, there is no cure for silicosis and related lung diseases caused by silica exposure. Your doctor can offer breathing treatments. They can also prescribe you an inhaler. Beyond that, silicosis is a medical condition you’ll have to learn to live with.

This article discusses litigation involving silica and workers’ rights in high-risk industries for exposure. You’ll also learn about silica exposure risks and how to detect silicosis.

If you have developed silicosis or another illness related to silica exposure, you may have a legal claim. Contact a personal injury attorney near you for valuable legal advice. An attorney can determine if you have a claim, and if so, advocate for fair compensation for your injuries.

A Brief History of Silicosis

The rise of silicosis coincided with the age of industrialization. Workers increasingly moved into mining, industrial, and manufacturing jobs during the 19th and early 20th centuries. These industries exposed millions of people to various occupational diseases before the advent of modern workplace safety measures.

An infamous tunneling project in Hawk’s Nest, West Virginia, during the 1930s, brought national attention to silicosis. An estimated 2,500 workers dug a three-mile tunnel through a mountain with little protection from the silica dust at the worksite.

Approximately 90% of these workers developed silicosis. Over 750 workers died. Most states enacted work safety legislation after the Hawk’s Nest incident. Government regulators, employers, and unions eventually became more aware of the risk silica dust posed to workers. Most employers had no choice but to comply with the new laws.

The Continuing Problem With Silica Exposure

The government has regulated the use of silica in the workplace since the 1970s. But silicosis remains a modern problem and a prevalent occupational disease. In 2019, close to 13,000 people worldwide died from the disease. Most of the victims got the disease through their jobs.

The disease features a considerable latency period (the time between exposure and noticeable symptoms). It can take 15 years from a person’s first silica encounter to the detectability of silicosis symptoms.

Silicosis Exposure in the Workplace

Silica exposure is almost as dangerous as asbestos exposure. People who work with or near silica dust are at an increased risk of developing life-threatening injuries. According to the Department of Labor (DOL), more than 2.3 million people come into contact with silica dust at work.

People who work in high-risk industries are much more likely to develop silica-related illnesses. Two of the high-risk occupations are construction workers and stone fabricators.

Many building materials contain respirable crystalline silica. For example, workers in stone countertop manufacturing may breathe silica dust into their lungs and become gravely ill. Engineered stone has silica dust.

The same is true for artificial stone and natural stone. If you breathe in the dust from these materials, you may develop a silica-related disease.

Most people with silicosis can trace their disease to workplace exposure to crystalline silica dust. Years of exposure to this chemical can cause:

• Silicosis
• Black lung disease
• Lung cancer
• Kidney disease
• Other health hazards and physical ailments

Short-term silica exposure can cause ailments like fibrosis, bronchitis, and chronic obstructive pulmonary disease (COPD).

According to the Occupational Safety and Health Administration (OSHA), the occupations that carry an increased risk of silica exposure include:

• Sandblasting
• Crushing and drilling rock and concrete
• Masonry and concrete work
• Coal mining and tunneling
• Demolition work
• Quarrying
• Abrasive blasting
• Coal workers
• Foundry work
• Glass manufacturing
• Cement and asphalt manufacturing
• Quarrying
• Dental product manufacturing

Workers in these fields are even more at risk if they don’t wear protective equipment. Employers must ensure workers have the proper training and equipment to avoid silica exposure. Companies who hire these workers must provide their employees with personal protective equipment (PPE). Respiratory protection like PPE is critical to prevent worker exposure, even for small levels of silica dust.

Since occupational exposure to silica dust is so dangerous, companies must follow the standards set forth by the Occupational Safety and Health Administration (OSHA). Silica is a carcinogen. Employers must abide by OSHA’s silica standards and permissible exposure limits. You can file a worker’s compensation claim if you become sick at work.

Silica Exposure and Workers’ Rights

OSHA’s primary responsibility is to protect workers. The agency sets safety standards that all employers must follow. One of these standards involves silica exposure limits.

According to the OSHA, the permissible exposure limit (PEL) for respirable crystalline silica is 50 ug.m3 per eight-hour shift. If a company doesn’t abide by this limit, OSHA can fine it. It can also suspend operations until the company meets this threshold.

If you encounter silica dust at work and don’t believe your employer abides by OSHA’s standards, file a complaint. If you aren’t sure how to do this or need help, contact a workers’ compensation lawyer.

Worst case, if you have developed silicosis, occupational lung disease, or other form of lung damage, you may want to contact a personal injury attorney.

Silica in Foods and Beverages

Most people who develop silicosis encounter the element at work. But, some foods contain silica as well. Also, some companies use silica as an anti-clumping agent. You can find it in many pre-packaged foods, such as rice and cereal.

Foods that contain silica include the following:

• Bananas
• Green beans
• Leafy greens
• Brown rice
• Cereal
• Lentils
• Beer

In low levels, silica isn’t very dangerous. You still want to be careful about how much silica you ingest. You must keep these foods away from young children.

Detecting and Diagnosing Silicosis

One of the reasons silicosis is so dangerous is that it can take years to notice its symptoms. The disease often has a long latency period. If you suspect silica dust exposure, contact your healthcare provider. They can run the necessary tests and check for silica in your lungs.

Some of the symptoms of silicosis to watch for include:

• Shortness of breath
• Severe persistent cough
• Chest pains
• Weight loss
• Sputum
• Fatigue

Seeing a doctor is the best way to know if you have the disease. They’ll run diagnostic tests to determine if you have silicosis or a related illness. Some of the medical exams and tests you may undergo include the following:

• Chest X-ray
• Pulmonary function tests
• Lung function tests
• Lung biopsy
• CT scan (computed tomography)
• Bronchoscopy

Different Types of Silicosis

The medical community recognizes three types of silicosis. The kind of silicosis you develop depends on the length and amount of your exposure to silica.

The three main types of silicosis include:

• Simple chronic silicosis: The most common form of silicosis caused by long-term exposure (more than 20 years) to low amounts of silica dust particles. Prominent symptoms include swelling of the chest and lymph nodes
• Accelerated silicosis: This type of silicosis results from medium-term exposure (five to 15 years) to higher amounts of silica dust. You’ll notice symptoms earlier than you would with simple chronic silicosis
• Acute silicosis: Caused by short-term exposure (weeks to months) to high amounts of silica dust. Acute silicosis quickly becomes symptomatic. Your lungs become inflamed and filled with fluid. This causes severe shortness of breath and a low blood oxygen level. You can die within a matter of months

June 2023: Silica Exposure Proposal by Mine Safety and Health Administration

On June 30, 2023, the Department of Labor announced a proposed rule by the Mine Safety and Health Administration (MSHA). The MSHA proposed a rule to protect mine workers from silica exposure. Miners don’t have the same protections as workers in other industries.

This new MSHA proposal will ensure employers protect these workers from silica dust exposure. Given the number of cases of silicosis, this makes sense. It will help protect workers and the public health from silica-related respiratory illnesses.

September 2023: OSHA Initiative to Enhance Enforcement of Silica Regulations

On Sept. 25, 2023, OSHA and the National Institute for Occupational Safety and Health announced a new initiative. It targets the enforcement of silica standards and regulations. It also calls for an increase in silica standard compliance.

OSHA and the National Institute identify silica exposure as a public and environmental health hazard. The fear is that too many companies are non-compliant with OSHA standards. More extraordinary efforts are necessary to enforce compliance.

Get Legal Help After Developing Silicosis

You have rights if you have silicosis and think it’s due to occupational silica exposure. Just because it may have taken decades before you realized how much damage you’ve suffered doesn’t mean you don’t have a legal claim for damages. You will have costly medical expenses for your care. You may even need a lung transplant.

If you come into contact with silica dust at work, you can file a worker’s compensation claim. If you experienced silica dust exposure in another way, you may be able to file a personal injury lawsuit.

The best course of action is to speak with a lawyer. They’ll review your claim and let you know your legal options. A good lawyer can optimize your chances of recovering damages. It’s important to do this before your state’s statute of limitations expires.

FindLaw’s directory of product liability attorneys can get you started. Select your state or city to review contact and ratings information for local experts. Your search results will also link you to additional details about the attorneys’ experience with silicosis personal injury cases. Many lawyers offer free consultations.