Silicosis Liability Limit Sought in U.S. Congress

(New details on H.R. 5437 became available on Sept. 30 and are included in this new version of the article.)

WASHINGTON – Legislation introduced earlier this month in the U.S. Congress apparently would exempt manufacturers and sellers of stone slabs from liability lawsuits involving silicosis and other unspecified dangers.

NOTE: The Natural Stone Institute will hold a webinar on this topic on Oct. 8 at 1 p.m. Eastern Daylight Time. Register for the event here.

H.R. 5437, sponsored by Rep. Tom McClintock (R-Calif), entered into the lawmaking process on Sept. 17, and was immediately referred to the House Judiciary Committee. No hearing date has been announced.

H.R. 5437, or the “Protection of Lawful Commerce in Stone Slab Products Act,” sponsored by Rep. Tom McClilntock (R-Calif), entered into the lawmaking process on Sept. 17. It was immediately referred to the House Judiciary Committee. No hearing date has been announced.

Read H.R. 5437 in its entirety (6 pages) here.

The bill’s title – “To prohibit civil actions brought against a manufacturer or seller of a stone slab product for harm resulting from the alteration of such a product by a fabricator, and for other purposes” – provides the summary.

The bill stops any future ‘qualified civil action” from being filed in any federal or state court and also would dismiss any pending lawsuits on the date the bill becomes federal law.

The legislation specifically stops civil actions against manufacturers and sellers “of stone slab products for injuries caused by exposure to respirable silica or other substances arising or relating to the fabrication of such products by third parties.”

Another purpose is “to preserve consumers’ access to a supply of stone slab products, to protection manufacturers and sellers from frivolous civil actions alleging liability for such injuries, and to preserve a lawful industry that employs tens of thousands of Americans in several states.”

The legislation defines a stone slab product as “made with quartz, mineral, crystal, glass, porcelain, or other stone, ceramic or similar material, that has been shipped or transported in state or foreign commerce.” A “seller” under the proposed law would be “an importer, distributor, a retailer, or a supplier of such products.

The bill’s co-sponsors are Rep. Andy Biggs (R-Ariz.) and Tom Emmer (R-Minn.). Both Reps. McClintock and Biggs are members of the House Judiciary Committee. Rep. Emmer is House Majority Whip, and responsible for monitoring all legislation and securing votes from Republicans on the House floor.