Home | Business News | Browse by Publication | T | Trial

Suits blast sand suppliers for failing to warn of silica hazard.

Article Excerpt
Roger Bergfeld worked for John Deere's Dubuque, Iowa, foundry for over 14 years. His job, at various times, included melting iron, transferring the molten iron from the furnace to the production line, and testing the molds used for casting metals. When workers use sand to create, re-create, and recycle the molds, the sand fractures into fine particles containing high levels of silica and becomes airborne. The dust spreads throughout the foundry.

Though Bergfeld did not handle sand directly, the silica dust was in his working environment. John Deere did not provide respiratory protection devices to employees whose exposure was below "permissible" exposure limits set by the Occupational Safety" and Health Administration (OSHA)--so Bergfeld inhaled silica dust for 14 years. He now suffers from silicosis, a sometimes fatal disease in which fibrous growths develop in the lungs and slowly deteriorate the tissue.

Bergfeld sued the company that supplied the sand to his foundry, claiming it failed to warn him and other workers exposed to silica dust of the risks of developing silicosis. Though ultimately unsuccessful, the suit challenged the sufficiency of the OSHA standards for silica exposure--and employment lawyers say that argument holds promise for future litigation.

Injured workers around the country have filed lawsuits, claiming that warnings of the silica danger remain inadequate and that many workplaces do not have appropriate safety measures in place. Most workers who develop silicosis from workplace exposure cannot sue their employers (they are restricted to filing workers' compensation claims), but many are turning to the tort...