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February 2nd, 2005

"Silica lawsuits might fall under proposed asbestos injury trust fund"

A Senate panel will hear testimony today on how silicosis would affect the proposed national asbestos injury trust fund.

Silica is another toxic substance that American business groups are worried could lead to the next asbestos. The fears of potential silicosis lawsuits are the reason businesses want the new asbestos bill to prevent silica lawsuits as well.

Mixed dust is usually a combination of asbestos, silica and other minerals in particle form that were commonly used in shipyards and other industrial work areas between the 1950s and 1980s. Like asbestosis, silicosis, the lung disease caused by silica exposure, can take up to 30 years before noticeable signs develop.

The asbestos trust fund proposal sponsored by Pennsylvania Republican Sen. Arlen Specter has yet to be formally submitted, but Specter has indicated he wants to move quickly. The hearing today on Specter’s draft legislation will examine how to distinguish asbestos exposure from exposure to silica.

Silica is nowhere near being the legal problem that asbestos is. Silica related lawsuits have claimed the lung disease silicosis has been suffered by exposure to quartz dust, mostly because of construction and manufacturing. Most silicosis lawsuit defendants thus far have been sand suppliers and protective clothing manufacturers.

The number of silicosis deaths has also fallen, unlike asbestos deaths, which continue to increase. Defendants argue silica dangers are so well known employers are responsible for warning workers of silicosis, not those supplying the material.

So far, no large silicosis award has made it through the appeals process.