Once prized for their durability and beauty, engineered stone slabs are the subject of a legal debate. One worker blames his incurable silicosis diagnosis on the fabrication process associated with these stones, and he is taking the product manufacturers to court.
This case brings several issues to the forefront, including workplace safety, product liability, and which parties are responsible for protecting workers.
At Frost Law Firm, PC, we have seen many instances of dangerous products affecting the lives of those who come into contact with them. Even worse is when there are known hazards, but companies continue to put their workers in harm’s way.
Let’s look at this recent case and determine whether incurable silicosis can be caused by working with engineered stone.
One Worker Is Taking His Case to Court
Recently, the Los Angeles Times highlighted a recent case about a countertop cutter who spent his days crafting engineered stone slabs. These kitchen and bathroom countertop slabs are known for their stain resistance and durability. However, they also contain high levels of crystalline silica. When those tiny particles are inhaled, they can cause permanent scarring in the lungs.
At age 33, the countertop cutter discovered that his lungs had been affected by an incurable disease known as silicosis. As it progressed, he became more dependent on an oxygen tank before receiving a lung transplant. Even with the double transplant, he may only have six years to live. His diagnosis prompted him to take legal action against the manufacturer of these products.
Silicosis and Engineered Stone
Silicosis is caused when an individual inhales particles of respirable crystalline silica. In turn, the lungs become irritated and develop fibrosis, which is irreversible. Many times, those exposed to silica, or crystalline silica in engineered stone, will develop:
- Lung infections
- Emphysema
- Cancer
- Kidney disease
- Autoimmune diseases
Recent reports from the Centers for Disease Control and Prevention (CDC) discovered an outbreak of the disease in stone workers. These individuals have been exposed to silica dust through cutting, grinding, or polishing the materials. In four states, there have been 18 cases of silicosis, including two fatalities, among stone fabrication workers.
With the recent popularity of these engineered stone products, there has been an increase in cases, leading the CDC to release a safety warning to workers who may handle the product.
Can incurable silicosis be caused by working with engineered stone? The general consensus seems to be yes.
These Are Not Isolated Incidents
Now, major manufacturing companies, like Caesarstone and Cambria, are facing lawsuits from workers in California. The case mentioned above is the first to go to trial, and it could determine the extent of the manufacturers’ liability as more countertop workers grapple with this incurable disease.
The trial highlighted the effects of inadequate safety measures on workers in the counter-cutting industry. Now the question remains: who is liable for the health and welfare of the workers: the manufacturers or the fabrication shops?
Legal Issues That Could Impact an Industry
This case highlights two major legal issues with engineered stone. First, there is the question of whether the manufacturers of engineered stone, such as Caesarstone and Cambria, have produced a dangerous product. The CDC has already issued warnings to workers and their employers about the hazards associated with the fabrication of this product. With that consideration, did these companies provide enough warning about the dangers associated with their products?
And secondly, which party is responsible for protecting workers from silicosis? The manufacturers of the engineered stone or the fabrication shops?
Under product liability laws, manufacturers can be held accountable if their products are found to be inherently dangerous and they fail to provide warnings about these hazards. Legal teams for both companies deny these claims. They have stated that they have online resources and safety materials for shops and workers to access, including guidelines on ventilation and wet cutting to reduce dust exposure.
The second issue centers on which party is responsible for protecting workers from silicosis. Lawyers for the manufacturers stated that it was the shop’s responsibility to implement safety measures. In their defense, they stated that they provided the required safety information but stressed that the shop failed to follow these guidelines.
In this case, the shops operated by the Silverio Stone Works did not have adequate safety measures to protect their workers. Under workplace regulations, employers must provide a safe working environment for their employees, including following all guidelines from product manufacturers.
However, during the trial, there was another question raised about employee classification. According to the Silverio family’s legal counsel, since the countertop cutter was an independent contractor, they were not responsible for his safety on the job.
Despite that, the plaintiff’s legal team argued that the burden remains on the manufacturers who should have done more to make sure that their products were used safely, including better training and stricter oversight of the fabrication shops.
Are both manufacturers and employers required to protect worker health? The outcome of this case could have implications for the engineered stone industry and workplace safety regulations.
Legal Options for Those Affected
Unfortunately, this case is another example of how companies do not prioritize the health and welfare of their employees. No matter who is liable, both manufacturers and fabrication shops need to take more steps to protect their health and welfare. As we see time and time again, when companies take shortcuts regarding safety, it can lead to devastating consequences for workers.
As we continue to follow this case, we welcome anyone who has been affected by engineered stone slab fabrication or who has suffered a workplace-related illness to schedule a consultation with one of our experienced attorneys.
