According to a recent story by the Insurance Journal, the Occupational Safety and Health Administration (OSHA) proposed over $1 million in fines and imposed several serious safety violations against the Chicago-based Florenza Marble & Granite Corp.
OSHA began investigating the countertop manufacturer after a 31-year-old employee developed silicosis. That investigation led to the issuing of various workplace safety violations against the company on the grounds that they put their workers’ health at risk.
How could an employer allow these violations to go unchecked and risk the lives of their workers? Let’s examine different aspects of this troubling new story.
Alarming Safety Violations at Florenza Marble & Granite Corp.
OSHA first became aware that one of the countertop manufacturer’s employees had developed advanced silicosis and required a double lung transplant in February 2024. This news prompted the workplace regulatory agency to immediately launch an investigation.
During their inspection, OSHA inspectors discovered that employees were working in dusty environments without proper safety measures in place. They also determined that workers for the company were exposed to silica dust levels up to six times higher than the permissible limit, which put them at increased risk for serious health complications.
The countertop company apparently did not implement any of the necessary controls to reduce silica exposure. Additionally, investigators discovered that the company’s workers were improperly using respirators, which, if used correctly, can help reduce harmful dust inhalation.
As the inspection progressed, OSHA identified two other employees who were suffering from silicosis-related conditions. They found that a 59-year-old employee, the father of the sickly 31-year-old worker who prompted the initial investigation, was waiting for a lung transplant. They also learned that a 47-year-old employee had suffered from a work-related lung disease for the past three years.
Despite being aware of these illnesses and how silica dust is a known health hazard, Florenza Marble & Granite Corp. and its owner, Brad Karp, failed to prioritize employee health and safety. In fact, the conditions at the facility were so poor that two workers’ compensation insurance carriers were unwilling to extend coverage to the business due to improper employee safety measures and the company not being forthcoming in providing air samples.
Even with that, the company refused to implement a safety program to protect the welfare of employees. As a result, the workers were left uninformed about the dangers of silica dust exposure and untrained in properly using personal protective equipment (PPE). Investigators found that safety training for those employees with limited English proficiency was particularly limited or non-existent.
A Pattern of Negligence
The violations issued against the company by OSHA were classified according to the following degrees of severity:
- Eight egregious willful violations
- Four additional willful violations
- Twenty serious safety and health violations
Among those violations, some of the most critical ones included:
- Failing to establish a baseline of employees’ medical health to monitor silica exposure
- Not conducting necessary medical surveillance
- Lack of engineering and administrative controls to minimize silica dust levels
- Not having a respiratory protection program in place
There were additional serious violations that OSHA discovered on top of the ones described above, including:
- Poor housekeeping
- Respirator deficiencies
- An absence of a silica exposure control plan
- A lack of hazard communication and training on the use of compressed air
As a result of these violations, OSHA has proposed over $1 million in penalties against Florenza Marble & Granite Corp. This situation is another case of a company’s disregard for worker safety and its role in causing life-threatening health conditions.
The Dangers of Silica Dust in Manufacturing
Many in the manufactured countertop industry are coming under fire for their lack of protection against the dangers of silica dust. The Centers for Disease Control and Prevention (CDC) issued a report stating that from 2017 to 2019, there were 18 cases of silicosis of workers in the stone fabrication industry, including the first two fatalities reported in the United States. The CDC estimates that the life expectancy for individuals diagnosed with silicosis is reduced by approximately 11 years, with the survival rate of 15 years post-lung transplant being less than 11%.
For this reason, all companies that handle potentially deadly materials must take precautions to ensure the safety and welfare of their workers. And when they fail to do so, they can be assured that agencies like OSHA will penalize them for their negligence.
Seeking Justice for Workers Exposed to Harmful Substances
The case against Florenza Marble & Granite Corp. is another example of a company that fails to adhere to established safety protocols and prioritize employee health. Like so many California mesothelioma cases we have seen at Frost Law Firm, PC, these businesses often prioritize their profits over workers’ safety. As a result, the workers are exposed to harmful chemicals and substances that put their lives at risk.
Whether you have been affected by asbestos, silica dust, or another toxic material and now have suffered a work-related illness, we are always available for a free initial consultation.
