The Education and Training of Your Employees is More Important Than Ever

In light of this case, I'd like to offer a couple of recommendations: First, review all of your MSDS and training materials and expand them if necessary to make sure that accurate and consistent information is given to all employees (particularly temporary employees). If you don't have any training materials on silica, there are some e-tools on silica available on OSHA's website as well as a more extensive guide to silicosis on the website of the National Institute for Occupational Safety and Health (NIOSH). Additionally, MCAA will soon be adding silica to its Alliance with OSHA, so we intend to develop more information for members' use on this topic. I've also developed a more general e-tool on Portland cement; if you'd like a copy, please let me know. It's fairly general, so you can conform it to your current practices.

The second recommendation I'd offer is that you review current insurance coverage and locate "old" insurance policies because they potentially provide defense costs and coverage from the time of exposures. These steps should help insulate you should the Humble Sand & Gravel decision embolden plaintiff attorneys to expand silica and other similar cases beyond their already extensive growth trend.

As always, should you have questions about any of this, please don't hesitate to get in touch with me directly at mjmarshall@masoncontractors.org or by phone at 703-671-4468.