Given Silica Dangers, Employer Compliance is a Must

By: Peter Kent Posted on: 2008-05-31 ** Print Article ** ** Copy Article ** - Category Feed

Article Summary: Silicosis is a highly preventable condition that affects thousands of Americans each year because of an employers negligence and disregard for employee health. The Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) have set guidelines for individuals working in the silica industry, but it is still imperative that a worker for better protection.

Given what we know about the toxic, even fatal, effects of silica exposure in the workplace, it is more vital than ever for employers to comply with local, state, and federal laws governing silica exposure. The crystalline toxin, which causes such fatal diseases as silicosis, pneumonia and even tuberculosis, is extremely dangerous - but with the proper safety measures, silicosis and other occupational diseases related to silica exposure are entirely preventable.

What Should Employers Do?

Compliance with OSHA (Occupational Safety and Health Administration) and MSHA (Mine Safety and Health Administration) regulations is absolutely vital for employers. During a work day, employees are only allowed to be legally exposed to a small figure of silica due to OSHA and MHSA safety guidelines. However, given broad medical evidence for the dangers of silica exposure to workers, mere compliance is no longer enough for employers. Employers must be prepared to shoulder the burden of true silica precautions that protect their workers and minimize the chance of costly and lengthy silica litigation. For example, employers should be prepared to provide disposable or washable work garments and the proper washing facilities so that workers do not take toxic silica dust home with them. They should participate in surveillance and air monitoring programs to assess and evaluate the amount of silica dust workers are being exposed to. During the work period, employers must provide proper respiratory protection for employees at risk for exposure to silica dust.

Negligence and Silica Law Suits

Unfortunately, silicosis has a long incubation period and may not show up in exposed workers until years, even decades, after original exposure. The burden of proof is placed on an employer when silica litigation is developed, thus placing responsibility on the employer if negligence to an employee's health occured. If employers fail to prove that they provided the best possible protection against silica exposure or are found to have failed to fully follow health and safety regulations, they are responsible for damages and compensation to affected workers.

What To Expect In Silica Litigation

You've received medical attention for your silica-related illness. You've consulted with an experienced silica attorney who has verified that you could be eligible for compensation and damages for your occupational silica exposure. How do I to better understand silicosis lawsuits?

Expect the litigation process to be long and often exhausting. As a silica litigant, you will be required to disclose often sensitive medical information in the name of the lengthy discovery process. Be ready to undergo an Independent Medical Examination (IME) in which an independent doctor diagnoses your silica-related illness and evaluates your medical history. In addition, the discovery process may uncover your employment and other records. A jury trial will be the next step if a settlement is not reached.

Your attorney may hire an expert witness or two with experience in silica exposure and other occupational hazards. These experts will provide detailed testimony and reports for trial. Additionally, a lawyer may invest in technological or exhibit preparations prior to the day of trial and may also provide a mock trial for better preperation. A jury of an individual's peers will listen to a victim's testimony, which, when using these measures, will be compelling. Individuals severely affected by silica exposure are advised to develop a silica lawsuit in which monetary compensation may be awarded, and this will provide relief from the costly medical bills often associated with this condition.

Article Source: http://www.upublish.info

About the Author:
Peter Kent
For more information on silica exposure, visit http://silica.legalview.com/. Or for information on other legal issues such as the Singulair risks visit http://singulair.legalview.com/.

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