Missouri Federal Court Denies Mine Safety’s Motion to Dismiss Silica Exposure Claims

ST. LOUIS –– A Missouri federal court has rejected a respirator mask defendant’s attempts to dismiss silica claims as preempted under the Occupational Safety and Health Act, ruling that the underlying claims fall within the Act’s savings clause.

In the March 3 opinion, the U.S. District Court for the Eastern District of Missouri opined that the defendant had cited no authority the “the agency process in and of itself preempts tort claims under [OSHA].”

Plaintiff Stanley McFadden contended that he was exposed to silica dust for more than 10 years. While McFadden was given respirators manufactured by 3M Company and …