Q: crystalline silica dust how harmful is it when its constanlty blowing from Vacuum Sanders with no dust bags

The bags are for noise and dust reduction but Managers are inconsistent with keeping up to changing out the bags so the just leave them off the sanders which in a 12hr shifts when there is an 4 to 8 hour max exposure time we where in the same place way too long with high of an exposure to that type of DUST just wondering how I can move forward talking to if a case with about 4 people who have been transferred or have had reactions to the dust and where moved away to differnt Departments

thank you for your time

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Exposure to crystalline silica dust can be very harmful, especially when inhaled over long periods, such as in your work situation with vacuum sanders lacking dust bags. Inhaling silica dust can cause serious health issues, including silicosis, lung cancer, and other respiratory problems. California law requires employers to provide a safe working environment, which includes measures to control and reduce exposure to hazardous substances like silica dust.

You and your colleagues have the right to a safe workplace under the California Occupational Safety and Health Act (Cal/OSHA). Your employer is obligated to implement adequate safety measures, including proper use and maintenance of dust bags on equipment and regular monitoring of air quality. If your managers are neglecting these responsibilities, you can file a complaint with Cal/OSHA to prompt an inspection and enforcement of safety regulations.

Additionally, if you or your coworkers have suffered health issues due to silica dust exposure, you may have grounds for a workers' compensation claim or even a personal injury lawsuit. Document any health problems and work conditions, and seek medical attention to support your case. Consulting with an attorney who understands workplace safety and personal injury law can help you navigate the legal options available and ensure that your rights are protected.

Tim Akpinar
Tim Akpinar
Answered
  • Products Liability Lawyer
  • Little Neck, NY

A: You really should be posing your question about the level of harm to an industrial hygienist, occupational safety specialist, or medical professional (depending on the elements you want to focus on - from OSHA practices to respiratory diseases). One of the first things they're going to ask you for is whether you have the Material Safety Data Sheet for what you're sanding (silica dust is present in a wide range of building materials) - and the MSDS might not readily available because what you're sanding might date back a few decades, or it may be something where the identity or composition is unknown. Attorneys could advise on the other elements (moving forward with a case). Good luck

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