Legal Question in Personal Injury in California
silicosis illnesses
Myself along with many employees were required to chip concrete out from the inside of ready mix concrete truck drums without confined space training or respirators. We still do much work around silica without using respirators or even dust masks. Concrete dust can cause a number of human illnesses including cancer, chronic bronchitis and silicosis. Cement contains substances that can be hazardous, like silica, lime, gypsum, nickel, cobalt, and chromium compounds. �(Cancer is caused) from the small amounts of chromium compounds found in some cements,� CDC information states. Silica is also listed as a class one carcinogen. Furthermore there�s an exemption that states asbestos materials can be used in concrete production. In addition many MSDS sheets on concrete chemicals (which by the way are as bad as chemicals used to make Meth) have no toxicological information, or exposure limit guidelines. It simply states employers should consult local provincial regulatory limits for exposure guidelines. Does California have a bill similar to Ohio's Silica and Mixed Dust Bill (HB 342) that would make legal action difficult in this case? And does California have a minimum criteria for activation of a silica claim like other states?
2 Answers from Attorneys
Re: silicosis illnesses
If you're suffering medical problems as a result, you've got a WCAB claim requiring medical proof. Contact a WCAB attorney.
This may violate CalOSHA or OSHA regs, and you may have a claim under those statutes. Feel free to contact me to discuss the facts.
Re: silicosis illnesses
If you have been injured as a result of this exposure, you may also have a third party claim against the concrete manufacturers and distributors. If you are not injured, you may have a Proposition 65 claim against your employer for failing to provide MSDS sheets and/or warnings regarding the carcinogenic nature of the chemicals. If you have any further questions, contact me.