Washington — The House Judiciary Committee has approved legislation that would shield stone slab product manufacturers and sellers from lawsuits related to silicosis caused by workplace exposure to silica dust.
After a 16-7 vote on June 3, H.R. 5437 now moves to the full House for consideration. The bill places blame for workers’ health problems on fabrication companies and other employers.
“A proliferation of frivolous lawsuits against manufacturers and sellers of stone slab products for alleged workplace injuries caused by the actions of third parties unrelated to and beyond the control of these manufacturers and sellers may further limit access to courts by straining the resources of the legal system and depriving deserving parties of their legitimate rights to relief,” the bill states.
During a House Judiciary subcommittee hearing in January, Rep. Darrell Issa (R-CA) said, “Reputable fabricating firms follow best practices. This includes at a minimum [wet cutting methods]. Many also use completely enclosed CNC (computer numerical control) machines.”
Rep. Henry C. “Hank” Johnson (D-GA), ranking member of the subcommittee, countered: “The bill behind today’s hearing would give blanket immunity to artificial stone manufacturers and suppliers, preventing injured workers from seeking justice in court. It would dismiss the hundreds of cases pending against these manufacturers.
“For those of you who are saying someone else is to blame – that employers are the real villains: Our courts determine liability all the time. People petition the court, have their grievances heard, a judge and jury consider the evidence, and a judgment is rendered.”
Former OSHA Assistant Secretary David Michaels, a witness during the hearing, said the industry should substitute engineered stone for a safer product – following the lead of Australia.
“The epidemic of silicosis in artificial stone workers was identified in Australia before the epidemic was identified in the United States,” Michaels said. “Australia has not banned lawsuits. After careful study, Australia banned the deadly product.
“In response, countertop manufacturers have found a safer substitute, and many of the same manufacturers now sell the safer product in Australia and earn profits through these sales.”
In May, the California Occupational Safety and Health Standards Board granted a petition that could ultimately lead to a ban on fabricating and installing artificial stone products containing more than 1% crystalline silica.
