Consultants and Expert Witnesses

SILICOSIS Article #9

Containing Silica Dust: Protecting Workers and Shielding Shop Owners from Legal Exposure

By Gil Chotam & Greg Andrews | National Tile and Stone Authority (NTSA)

Silica dust isn't just a shop hazard, it's a growing legal issue. Fabricators who work with engineered stone are facing increased scrutiny as more workers are diagnosed with silicosis, and lawyers are beginning to treat these cases the way they once treated asbestos: with full-scale liability in mind. For shop owners, doing the right thing for their team isn't just about safety anymore, it's also about risk management.

So, what does real protection look like?

Where the Exposure Starts

Many shop owners think the risk is limited to the person doing the cutting. But exposure happens across the entire environment. Dust becomes airborne during dry cutting or grinding, settles on surfaces, and is stirred up again when workers sweep, move materials, or use compressed air to clean. Even without direct cutting, workers near the action or in poorly ventilated spaces may be breathing it in.

And it doesn't end there. That same dust can travel into cars, homes, and laundry rooms. That's how a shop issue becomes a household liability.

In-Shop Control: Start with the Basics

The foundation of any protective system starts with cutting and ventilation. Wet cutting is the most effective, but only when the water delivery is sufficient and well-maintained. Drips or misting systems don't cut it. Properly delivered water should control dust at the point of contact, and the runoff should be contained, not left to dry into a new layer of airborne material.

For shops that use vacuums or dust extraction systems, HEPA-level filtration is critical. These vacs need to be fully sealed and maintained regularly. We've seen systems that were installed correctly but failed within weeks due to neglected filters or broken seals. That kind of breakdown can turn a safety system into a liability with no warning.

General airflow also plays a role. Fans that simply move air from one corner to another don't help. Negative pressure setups, ducted exhaust systems, and air scrubbers are more effective, but they require upkeep. When filters are saturated and there's no monitoring system in place, what looks like a solution becomes a hidden problem.

Beyond the Shop: What About the General Public?

Even when all in-shop dust control measures are in place, exposure risks don't end when the slab leaves the facility. Once fabrication is complete, slabs are loaded onto trucks and transported for installation, often by a different set of workers. These field crews frequently perform on-site modifications such as trimming for final fit or cutting sink, stovetop, and fixture openings. These tasks are routinely carried out on the back of trucks, at makeshift jobsite workstations, or – alarmingly, inside the client's home.

This is where mobile containment practices must match in-shop standards. HEPA-equipped vacuums, wet cutting tools, and portable enclosures should be standard equipment. And the risk doesn't stop with the crew. Nearby trades, homeowners, tenants, and even bystanders can be exposed to airborne silica during these uncontained operations.

Shops that neglect field practices aren't just putting workers at risk, they're endangering the public and exposing themselves to a much broader field of liability.

Banning Bad Habits

One of the simplest changes with the biggest impact is eliminating dry sweeping and the use of air compressors for cleanup. It's tempting, it looks cleaner, but it fills the air with exactly the kind of fine dust that can penetrate deep into the lungs. Shops should rely on wet vacuums or mops and treat the waste like hazardous material, not just debris.

What PPE Can't Do Alone

Even the best respirator is only as good as the training and consistency behind it. A proper respiratory protection program means fit testing, medical clearance, and filter replacement on a defined schedule. We've seen shops with great masks hanging from the rearview mirror of a dusty truck. That's not compliance, it's a signal to a plaintiff's attorney that nobody was paying attention.

Uniforms or disposable suits are a simple way to reduce contamination beyond the shop, but they only work if workers are required to change before leaving. Providing a locker area or even sealed storage bins can reduce take-home exposure dramatically. A worker who drives home in a dust-covered hoodie and then picks up a child is exposing their family, and by extension, exposing the business to claims it never saw coming.

Beyond the Shop: Where Lawsuits Begin

This is where many owners lose control of the narrative. A worker changes clothes at home. A spouse does the laundry. A toddler plays on the floor near their boots. If the business didn't provide a reasonable means to contain or prevent this dust from traveling, it may still be named in a claim - even years later.

That's why in-house laundry, disposable seat covers, or clean transport gear aren't luxuries, they're risk reducers. Shops that ignore this part of the chain often find themselves explaining in court why they addressed airborne dust inside, but not its consequences outside.

Protecting the Business

The best protection isn't just physical, it's procedural. Shops need to document everything: safety programs, training sessions, filter logs, air tests, even informal warnings or reminders. Without a written record, everything looks like an afterthought.

Yearly air monitoring is another smart step. If the shop hasn't tested the environment since new machines were installed or workstations were moved, any claim that dust was "under control" becomes harder to prove. And for shops that rely on outside labor or subcontractors, it's not enough to assume they're compliant. Contracts should include specific language about silica safety protocols and shared responsibility.

In one case we reviewed, a shop owner had provided respirators and posted warnings, but didn't follow up. Workers used the gear inconsistently, and there was no enforcement. When a worker got sick, the shop had no written policy, no training records, and no logs. That lack of documentation hurt them more than the dust ever did.

A Better Approach

Silica exposure can be controlled. The tools exist. The protocols are known. What's often missing is consistency, and proof. For shop owners, investing in containment, training, and documentation isn't just good practice, it's the best legal defense they have.

Because when the questions come, and they will, the right answer can't be "we assumed." It needs to be: "we did everything we were supposed to do, and here's the record to show it."

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