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Topline Counters LLC, Sumner: Washington L&I silica citation

Washington's Department of Labor and Industries issued a citation to Topline Counters LLC, a Sumner employer, because it exposed its workers to silica dust. The citation date was July 31, 2020.

What inspectors found at the whole workplace goes in the citation; your own health and work there decide whether you can claim.

Total penalty for all hazards
$11,160
Violations across all hazards cited
Repeat violations: 1; serious: 4; other‑than‑serious: 2.
Date of the citation
July 31, 2020
Agency
Washington L&I
Where
Sumner, Washington
Kind of work done
Stone countertop fabrication (the work of cutting, polishing, and finishing stone countertops)

Worked here? Talk to a lawyer for free: (844) 387-9991

Silica dust: the findings

  • The stone hand-finishing area exposed workers to respirable crystalline silica at levels more than 10 times the permissible limit. Half-face respirators were handed out, but they don't protect enough at that level.
  • Annual fit-testing hadn't happened since January 2019, and workers with facial hair had to use tight-fitting respirators.
  • Even though silica exposures exceeded the permissible limit in the stone fabrication area, no written respiratory protection program existed.
  • Medical surveillance wasn't given to silica-exposed workers, and the written silica exposure control plan had no task, control, or housekeeping descriptions.

More hazards in this citation

  • Medical evaluations weren't provided to workers who had to wear respirators. L&I counted it as a repeat of a violation cited on 12/18/2018.
  • During the inspection, two violations got corrected: the facial-hair seal one and the one for the written respiratory program.

The employer's time to answer the citation: Once cited, the employer could appeal within 15 working days. The employer had to post the citation, fix each violation by its deadline (8/13/2020 and 9/2/2020), and send back the abatement certification with the requested documentation. The payment was due 15 working days after receipt.

For those who worked at Topline Counters

Most new US silicosis cases these days come from shops that cut quartz or other engineered stone. Two claims may be available to you if you cut, ground, or polished slabs for Topline Counters in Sumner: a suit against the companies that made the stone, plus workers' comp through the employer's insurance.

Two ways to claim in Washington

Workers' comp claims in Washington

to file for workers' comp, from a doctor's written notice of the disease
2 years
for a family to file once a death occurs
2 years

The Department of Labor and Industries is where you file a workers' comp claim in Washington (official site).

A written notice from a doctor or nurse practitioner, stating that your disease is occupational and that you can claim, starts a two-year filing period for you. A death gives the family two years, starting on the day it happened. (RCW 51.28.055)

A lawsuit against the manufacturers

A suit aimed at whoever made the stone or the equipment counts as a different claim, with a deadline all its own. How silicosis lawsuits work

Can't tell which company made your stone or your equipment? Labels on slabs or tools, along with pay stubs and job photos, can help a lawyer figure it out.

Call (844) 387-9991

Free claim review by phone

A bridge saw cutting a quartz slab in a countertop shop, the kind of workplace cited for silica dust

All silica citations in Washington

Official source: citation record from Washington L&I. Washington L&I citation records supply this data, which gets refreshed monthly.

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