Archive for the ‘Minnesota’ Category

Minnesota – The Minnesota study on taconite miners in the Iron Range of Minnesota has hit a funding snag, with opposing lawmakers debating over where the money for the study should come from.

The study itself was approved almost a month ago, and there is no debate over the necessity of the research. However, the study is now being held up by arguments over how the study should be funded.

Currently a total of 58 Minnesota Iron Range workers have died from pleural mesothelioma, a rare and deadly form of cancer that develops in the lining of the lungs. The only known cause of mesothelioma is exposure to asbestos, and some asbestos-like minerals. Mesothelioma is difficult to diagnose, highly treatment-resistant, and incurable.

The proposed study is expected to cost $4.9 million, and will be led by a team of researchers from the University of Minnesota School of Public Health. The study will attempt to answer three basic questions:

* Why are Iron Range taconite miners developing mesothelioma?
* Are the miners are developing other diseases in addition to mesothelioma?
* Could secondary exposure issues affect the families of Iron Range miners, or the larger community?

The researchers will collect data about the level of exposure to the dust, and incidence of health problems attributed to the dust, in miners and their families. The researchers will also investigate the chemical and physical properties of the dust to determine why it is causing cancer.

The problem, however, is that unless the current funding issues are resolved, the study may never get started. The ongoing debate centers on where the $4.9 million to pay for the study should come from.

Iron Range lawmakers want to fund the study using funds from the state Worker’s Compensation Fund. They believe it’s a logical source for the funding because the research will help to protect future mine workers.

However, other lawmakers would prefer the Iron Ranger miner study to be funded partially via funds from a state agency called Iron Range Resources. This agency is more focused on the northeastern part of Minnesota rather than the entire state. According to those who would prefer this funding source it’s more appropriate because mesothelioma cases have been reported only in that region.

According to the Iron Range lawmakers, funding the study using Iron Range Resources money means that the study would, in effect, be funded by property taxes, and this shouldn’t happen because previous health studies in other parts of Minnesota haven’t been funded this way.

RAMSEY COUNTY, Minnesota – A Minnesota jury awarded a judgment of $4.6 million to a man who worked for Northern States Power Company for over thirty years.

The family of Dennis Newinski brought suit against John Crane, Inc., which manufactured products used by Newinski after Newinski was diagnosed with malignant mesothelioma in 2007. Newinski’s attorney said that the dangers of asbestos in the workplace have been known for many years, but Crane continued to manufacture and sell products containing asbestos without warning those who were exposed.

Newinski worked for Northern States Power Company (now a subsidiary of Xcel Energy) from 1968 to 2000. In the course of his work, he was exposed to asbestos gaskets and packing materials manufactured by Crane. In 2007, he was diagnosed with malignant mesothelioma, an incurable and aggressive cancer caused by exposure to asbestos.

Newinski’s suit alleged that he had been exposed to asbestos without being warned that the asbestos containing products were harmful to his health and could cause a deadly cancer. The jury found that John Crane, Inc. had been negligent and awarded more than $4.6 million in damages to Newinski and his wife as compensation for the illness and resulting damages.

Newinski’s attorney expressed the family’s gratitude for a just verdict which “fairly reflects John Crane’s share of fault” for Newinski’s exposure to products containing asbestos in the course of a thirty five year career as a machinist. He said that they also hope that the jury’s verdict will facilitate the settlement of other pending claims against the company by cancer and mesothelioma victims.

The jury deliberated for several hours after a ten day trial before handing down its decision.
Machinists and other power plant workers are one of the occupational groups most likely to be affected by mesothelioma because of the likelihood that they will or have been exposed to asbestos. In addition to the gaskets and packing materials named in Newinksi’s suit, other machine parts and linings may contain asbestos. Workers in power plants may have been exposed to asbestos when changing linings, replacing insulation and gaskets, and replacing packing around bearings and other moving parts.

Those who were exposed to asbestos are at a far higher risk of developing lung cancer and many other cancers than the general population. In addition, they face the risk of developing mesothelioma, a rare cancer that affects the thin lining of tissue around the lung sac, the heart and the abdominal cavity. Mesothelioma may not develop for up to forty years after the initial exposure, but once it is diagnosed, it often moves fast and can kill within months of diagnosis.

March 20, 2008 - A Minnesota jury this week awarded a former Northern States Power Company employee and his wife a total of $4.6 million as compensation for the mesothelioma he developed as a result of exposure to asbestos.

Dennis Newinski was exposed to asbestos in gaskets and packing materials that had been manufactured by John Crane, Inc. However, Newinski was never employed by John Crane. Instead, he had worked at Northern States Power Company (now a subsidiary of Xcel Energy) in Minnesota between 1968 and 2000. Newinski had been exposed to asbestos contained in products made by John Crane, Inc while working at the power plant.

Founded in 1917, John Crane, Inc, is a manufacturer of mechanical seals and support systems, lubrication systems, and similar items. Asbestos was used in many of its products for several decades, and the company has been involved in several lawsuits relating to asbestos exposure stemming from its products.

Ironically, most of the lawsuits are similar to Dennis Newinski’s case, and involve people who were exposed to asbestos in John Crane products while working for other companies.

Dennis Newinski, a three-time US House of Representatives candidate was diagnosed with malignant mesothelioma in 2007. This aggressive and highly treatment-resistant cancer is caused only by asbestos exposure.

In the trial, held in the District Court, Second Judicial District, in Ramsey County, Minnesota, the jury in the case heard that Newinski had been exposed to asbestos in products manufactured by John Crane, Inc over the course of several years.

After a ten day trial and several hours of deliberation, the jury found that John Crane, Inc had been negligent, and awarded Newinski and his wife $4.6 million in damages.

Christian Hartley, an attorney representing Newinski, said “the dangers of asbestos in the workplace have been known for many years, yet Crane continued to manufacture and sell products containing asbestos without warning those exposed.”

Similar charges have been made against a long list of companies over the last two decades, ranging from chemical giant DuPont and former mining company W.R. Grace, to railroad company CSX Transportation, which has settled many suits involving exposure of railroad workers to toxic solvents as well as to asbestos.

Another attorney for the plaintiff, Rick Laverdiere, said that the Newinski family is “thankful for a just verdict which fairly reflects John Crane’s share of fault from Mr. Newinski’s exposure to asbestos. . .they sincerely hope that the verdict will help facilitate the resolution of pending claims between other cancer victims and John Crane.”

ST. PAUL, Minnesota – A Minnesota Senate committee has passed on a bill that will fund a study of lung disease among miners in the Iron Range. The clearing is the first hurdle on the way to appropriating the $4.9 million requested by the University of Minnesota to research mesothelioma and other lung diseases among Iron Range miners.

Mesothelioma, typically only found in those who are exposed to asbestos, shows up at a far higher rate among Iron Range miners than among the general population, as well as a higher rate of other types of lung diseases. Statistics released by the Minnesota Health Department last autumn revealed that there were 58 deaths of mesothelioma among Iron Range miners. The University of Minnesota is seeking funding to correlated data on those miners and compare it to data from employment and other records of other miners in the hopes of discovering why the rate of mesothelioma is so high in that population.

The measure currently being considered in both branches of the state government would provide $4/9 million in funding. The funding would cover research to correlate data taken from mining company employment rolls, death certificates and other public records concerning miners, their families and the general population.

Senator David Tomassoni is sponsoring the bill, which he says will take up the five years to complete. In the end, the senator said, the research will hopefully explain the link between mesothelioma and the miners. Discovery of a link could offer the first steps toward instituting preventive measures to safeguard the health of miners and others.

Preliminary researchers have stepped away from the theory that the area itself may be naturally high in asbestos because the higher rates of mesothelioma are found among miners. The general population shows no difference in mesothelioma incidence than national averages.

Tomassoni told a local newspaper, “When you see 58 unexpected deaths and you know that you have something within your midst that might take 15 to 30 years to manifest itself just because of an exposure you had while you were working there, it’s extremely important to find out what the cause is and how we can prevent it.”

Mesothelioma is typically attributed to asbestos exposure, most often to occupational asbestos exposure. While the cancer is rare, it has a much higher incidence among occupational groups that work closely with asbestos or around asbestos-containing materials and equipment. Taconite, which is mined in the Iron Range, breaks into fibers similar in size and shape to asbestos. One theory suggests that the taconite fibers stirred up by the mining and processing operations have a similar effect to asbestos.
The Senate Health, Housing and Family Security approved the bill Friday. The next step in the process is approval by the Finance Committee.

The Minnesota House of Representatives is also considering and advancing a similar bill.

Minnesota– Last week, a House Committee approved legislation that would allow the University of Minnesota to begin a study investigating the deaths of taconite miners in northeastern Minnesota’s Iron Range.

Also last week, funding was passed by the House Higher Education and Work Force Development Policy Committee. This week, the bill to approve funding for the study has been moving further through the Minnesota State House.

The study has been initiated following the deaths of no less than 58 Minnesota Iron Range workers. All 58 of the taconite miners died from mesothelioma, a rare and deadly form of cancer that most commonly develops in the lining of the lungs of affected individuals. The only known cause of mesothelioma is exposure to asbestos. Mesothelioma is incurable, and is highly resistant to treatment.

Iron Range steelworker Charlie Olson gave testimony before the House Higher Education and Work Force Development Policy and Finance Division during an initial funding hearing. According to Olson, Iron Range workers have long been suspicious that taconite processing was causing the release of asbestos. Asbestos-like fibers have been found in eastern Iron Range ore.

Dean of the University of Minnesota School of Public Health, Professor John Finnegan, says that the death toll of 58 due to mesothelioma is “clearly in excess” of that which should be expected in an average population.

The University of Minnesota School of Public Health is completing groundwork for the study, having enlisted local community groups, public officials, and researchers to provide support. A website has been launched (www.sph.umn.edu/lunghealth/home.html) and a toll-free helpline operated by registered nurses has been set up to provide information about taconite worker health issues.

A preliminary study on 58 mine workers diagnosed with mesothelioma has already been carried out by the Minnesota Department of Health. The miners in the study worked at six of the seven mining operations that were active during their employment period.

Nearly 25% of the workers were employed in the mining industry for less than a year, while just over 25% were employed for thirty years or longer. Almost all of the miners were diagnosed with mesothelioma between thirty and sixty years after they had begun work at an Iron Range mine.

These results are in keeping with current medical knowledge about mesothelioma which point to a very long latency period for mesothelioma, and a wide range in the amount of asbestos exposure that can lead to the development of the cancer. These results will provide a foundation for the in-depth study that will commence when funding has been approved.

The study is expected to cost around $.9 million, and funding will be supplied by the Worker’s Compensation Special Fund. The funding bill must clear one more House Committee before going to the floor for a vote.

DULUTH, Minnesota – On the heels of requests from University of Minnesota Duluth for mesothelioma research funding comes an announcement that the Minnesota Partnership for Biotechnology and Medical Genomics will award nearly $6 million to seven teams doing research on mesothelioma, epilepsy, infection prevention and heart disease.

The Minnesota Partnership for Biotechnology and Medical Genomics is a collaborating among the University of Minnesota, the state of Minnesota and the Mayo Clinic. In addition to funding research into the causes and risk factors for mesothelioma, the partnership will also be helping to fund projects in nanotechnology and human-safe pesticides designed for use in Minnesota.

Dr. Mark Paller, the program director for the partnership at the University of Minnesota, said that the new awards show the Partnership’s focus on providing funding for research on major diseases that affect residents of Minnesota, and that offer innovative biotech ideas that can have a wide application on a variety of health issues.

At the Mayo Clinic, the partnership’s program director, Dr. Eric Wieben will be focusing on ways to use biotechnology and nanotechnology to do analysis, and on ways to make the state’s environment healthier by finding pest control methods that don’t rely on toxic chemicals.

The goal of the funding is to develop intellectual property that can attract additional research support from federal and private sources. The current round of funding will run for two years.

Among the major foci of the partnership will be research on mesothelioma, a deadly cancer that is caused by asbestos. There are several Minnesota research projects underway which aim to understand the causes and mechanics of mesothelioma. The basis of the currently proposed research is a report released by the Minnesota Department of Health in November. That report identified 85 mesothelioma deaths among miners in the state’s Iron Belt. By studying the details of those miners’ histories, and collating it with information about other miners who did not develop the disease despite seemingly similar exposures, researchers hope to illuminate more about how mesothelioma develops, and from there, work towards prevention and cure.

The projects that will be funded by the partnership were selected by a national panel of experts who considered the possible commercial applications of the research. Commercial applications will encourage further development beyond the funding period. Because mesothelioma is a rare condition, few major corporations have been willing to develop treatments that would target the cancer. In past months, however, there have been a number of announcements regarding research grants for research into mesothelioma, including the inclusion of mesothelioma on the list of approved conditions for Department of Defense funding.

SILVER BAY, Minnestota – Environmental groups may bring a lawsuit against Northshore Mining Co. to force compliance with an air quality standard for asbestos-like particles, a Federal judge ruled last month.

The February 11 decision was made public on Tuesday. Federal Judge Paul Magnuson ruled that two environmental groups may pursue a lawsuit that seeks federal court action to uphold the current air quality standard. That standard holds Northshore Mining to maintain air quality standards that compare asbestos fiber levels near their Silver Bay facility to those in St. Paul.

The so-called control city air standard was put in place in the 1970s by a Federal court in the absence of any safety standard for asbestos levels. The Sierra Club and a local environmental group had brought suit alleging that Northshore Mining was in violation of the air quality standard because Silver Bay air showed higher levels of asbestos than the air in St. Paul. The suit claims that the standards are a violation of the Environmental Protection Act, and the company should be fined.

The suit was stayed pending an appeal made by Northshore Mining, alleging that the control city standard is unfair, and holds the company to a ‘moving bar’. The company had met the original standard and for some years has been in compliance, but recent testing around St. Paul showed lower asbestos levels. The company claims that it is unfair of the government to expect them to change their standards whenever St. Paul air quality changes.

In December, Magnuson ruled that the control city standard was a viable state regulation. The company has appealed that decision to the U.S. Court of Appeals.

Northshore Mining Co. is also appealing a similar case to the Minnesota Court of Appeals. They hope to remove the control city air standard from its state operating permits. Opposing them, the Minnesota Pollution Control Agency states that the control city standard is needed because there is no other asbestos regulation available to measure the possible asbestos risk for residents of the Silver Bay area.
The issue at hand is the fibers found in ore mined in the eastern Iron Range. Those ores are processed into taconite at the Silver Bay facility. Asbestos like fibers have been found in those ores. Thirty years ago, the courts ordered Northshore Mining to stop dumping taconite tailings into Lake Superior because of the fibers.

At the time, the court ruled that the fibers pose a potential human threat similar to that posed by asbestos fibers. Asbestos fibers have been implicated as the cause of mesothelioma, a rare cancer that affects the lining of the lungs and other organs, and as a serious risk factor in lung cancer and several other cancers of the respiratory and digestive system.

State health agencies recognize an unusually high level of mesothelioma deaths in Northern Minnesota, and are studying the possible causes, including the presence of taconite fibers.

Adding to the controversy is the fact that the U.S. Department of Labor announced new safety standards on Friday. Those standards increase the protection level for mining workers by 20 times their old levels. The new standards announced by the Mining Safety and Health Administration bring mining operations into alliance with other occupational sites governed by the Occupational Safety and Health

Administration. The DOL confirmed on Friday that Northshore is one of five mines in the country that has had detectable levels of asbestos in their mines in recent years.

Northshore officials contend that the fibers are not commercial asbestos, cause no health problems and therefore should not be subject to state or federal regulation.

On February 11, 2008, Federal Judge Paul Magnuson ruled that two environmental groups will be allowed to proceed with a lawsuit against the Northshore Mining Co. The lawsuit seeks to enforce an air-quality standard for asbestos-like particles.

The Northshore Mining Co. operates an iron ore mine and processing site in Silver Bay. Iron ore is processed into taconite

The Federal Judge’s decision was made public on Tuesday March 04, 2008. This decision means that the environmental groups concerned—the Sierra Club and the Save Lake Superior Association—are now free to pursue a lawsuit that will ask for a federal court action to uphold an air quality standard that compares asbestos fiber levels between Silver Bay and St. Paul.

In the past, these two environmental groups had attempted to sue the Northshore Mining Co, having alleged that the company’s operations violate the city’s air standard. These allegations include that testing of Silver Bay’s air indicates that asbestos levels are too high. The increased asbestos level at Silver Bay, the groups allege, constitutes a violation of the Environmental Protection Act.

This particular lawsuit has a long history. Around thirty years ago, in the 1970s, the Reserve Mining Co. (now owned by Northshore Mining) was ordered to stop dumping taconite waste rock into Lake Superior. At this time, scientists discovered that the waste rock contained particles and fibers that closely resembled asbestos.

Following this discovery, a court ruling—a landmark case at the time—forced the Reserve Mining Co. to set up a waste disposal site on land. In addition, a new standard was set for fiber emissions around nearby Silver Bay and Beaver Bay.

Since then, fiber emissions have dropped to very low levels. However, the current lawsuit filed by the Sierra Club and the Save Lake Superior Association is based on the language used in the original ruling, which states that fiber emission levels around Silver Bay and Beaver Bay must be equal to or lower than emission levels in the control city, St. Paul.

St. Paul itself has very low level emissions, which means that even though the Northshore Mining Co. mine near Silver Bay has reasonably low levels of emissions, it hasn’t been able to stay within the range acceptable according to the language used in the 1970s ruling.

Are the levels of asbestos-like fibers being emitted near Silver Lake actually harmful? That’s open for debate. What’s not open for debate, however, is that people in northeastern Minnesota are affected by mesothelioma—an asbestos-related cancer—at around twice the expected rate.

While the reason for this is as yet unknown, environmental groups such as the Sierra Club are campaigning to ensure that companies such as Northwest Mining Co. are held to what it feels are fair safety standards.

However, the Northshore Mining Co. doesn’t agree that these standards are fair, and the company has filed an appeal that seeks to remove the current standard. The Northshore Mining Co. is seeking to remove the control city standard, which forces it to keep emissions at a level equal to or lower than that of St. Paul. According to the Minnesota Pollution Control Agency, the control is needed because there is no other way of measuring the risk for residents of Silver Bay.

ST. PAUL, Minnesota – University of Minnesota officials are seeking funding for a multiyear research project to look into the health effects of mining, and in particular at the reasons for the high rates of mesothelioma in miners of the Iron Range.

The researchers told a House panel on Wednesday that four studies related to mesothelioma are planned. The studies will collate information about miners with the intent of discovering the reasons behind an abnormally high rate of cancer and mesothelioma among taconite miners in the Iron Range.

The results of a health study released by the Minnesota Department of Health identified 58 miners from the taconite range as having died of mesothelioma, which is believed to be linked exclusively to asbestos exposure. The results also suggested that the elevated mesothelioma rates are related to mining work, since the elevated levels did not appear to extend to the general population in those areas.

Lawmakers are in agreement with researchers that the studies are important. Representative Tom Rukavina, DFL-Virginia, said that it’s time to get to the bottom of the issue once and for all. Earlier attempts at looking into the health effects of mining have not been finished. The legislators are looking for $4.9 million to fund the studies, which will be led by the U. Minnesota’s School of Public Health and the Natural Resources Research Institute at the University of Minnesota Duluth.

Among other things, the research will study the cause of death of about 70,000 people who worked in Minnesota’s taconite mines from the 1950s to the 1980s. In addition, they will evaluate current and former miners to see if there is a link between health conditions and the amount of time spent in the mines. Finally, the researchers will compare the exposure to potentially harmful materials by the 58 miners who died of mesothelioma and others who did not develop the cancer.

The research is particularly important and being watched closely by researchers and health officials nationwide. Mesothelioma, a rare cancer that has been linked almost exclusively to asbestos exposure, is poorly understood, in part because of its rarity. While the link to asbestos is clear, there is little information about what other factors may make someone more susceptible to the effects of the asbestos. In addition, taconite fibers are very similar in structure to asbestos fibers, leading to speculation that taconite may also be a health hazard.

Mesothelioma is an aggressive cancer that results from asbestos exposure after a latency period that can span up to five decades. The incidence of mesothelioma has been rising steadily for several decades, and is expected to continue climbing until at least 2020, when those workers who were exposed before the use of asbestos in construction and industry was restricted will have reached the outside latency period. Research like that being done at UMND may be the key to eradicating mesothelioma.

Minnesota, March 10, 2008 - Following the reduction of permissible exposure limits for asbestos by the Mining Safety and Health Administration, two mines in Minnesota’s Iron Range may now face penalties as a result of failure to comply with the new regulations.

The MSHA published the new regulations, which cover metal, nonmetal, and underground coal mines, on February 29, 2008. The regulations reduce the asbestos permissible exposure limit in these locations from two fibers per cubic centimeter to just 0.1 fibers per cubic centimeter, in line with the Occupational Safety and Health Administration permissible exposure limit that has protected all other types of workers since 1994.

The new MSHA regulations are good news for miners, but not so good for two mines in northern Minnesota, which may fail to comply with the new permissible exposure limit.

Since 2003, the federal Mine Safety and Health Administration has identified a total of five US Mines-including two in Minnesota-that are operating above the new asbestos permissible exposure limits.

Under the new MSHA rule, which takes effect on April 29, 2008, federal regulators will be able to order mining companies to reduce dust levels in their operations, if tests show levels of airborne asbestos above the new 0.1 fiber limit.

In the past, mine regulators asked mining companies to comply with the limits voluntarily. This was the case in the Northshore Mining ore plant at Silver Bay, Minnesota. Asbestos fibers have been detected in the location repeatedly since 2003, according to the results of federal tests. Another Northshore mine in Babbitt, Minnesota was also found to have airborne asbestos following testing. In both cases, the levels are above permissible exposure limits set by the new MSHA rule.

According to Northshore spokesperson Dana Byrne, the company puts the safety of its employees first, and has installed new protective equipment, including dust collectors, to safeguard its workers.

Byrne has also said that the fibers found in air samples taken at Northshore facilities are not asbestos. In addition, Byrne has indicated that Northshore Mining may challenge federal regulator testing methods if future federal tests show Northshore Mining’s asbestos levels to be above permissible exposure limits.

Minnesota miners are at higher risk than most other occupational groups of developing mesothelioma, a rare and highly aggressive asbestos-related cancer. New state-funded studies will be carried out over the next few years in an attempt to pinpoint the exact cause of the high rate of mesothelioma among this occupational group.

Meanwhile, the new MSHA regulations provide Minnesota workers with an extra level of safety. Mines that exceed the new permissible exposure limit will be issued with a citation, and workers will be ordered to wear respirators. Federal regulators can also issue fines, and order companies that violate the new rule to install additional dust-collection and air-ventilation equipment.