1 NO. B COUBT OF APPEAL OF THE STATE OF CALIFORNIA FOR THE SECOND APPELLATE DISTRICT DIVISION 2 FRANCISCO UL4RTF. Plaintiff and Appellant, vs. SCOTT SALES COMPANY. Defendant and Respondent. Appeal from the Superior Court of California County of Los Angeles Honorable Joseph DiLoreto Superior Court Case No. BC APPLICATION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE, COUNCIL FOR EDUCATION AND RESEARCH ON TOXICS (CERT), ET AL., IN SUPPORT OF APPELLANT ALEXANDER LAW GROUP, LLP Richard Alexander. Esq. (State Bar No, 48432) lii \V. Saint John St., Suite 700 San Jose. CA Telephone: (408) Telecopier: (408) Anornevs for Arnici Curiae COU\UL FOR EDFC\TIO\ \\DRESEARCHO\TO\KSI (ERT J)R JERROLD ABRAHAM: DR. RICHARD W. CLAPP: DR. RONALD CRYSTAL: DR. D.\\FD. I \SFMO\D DR \RFHLR1 \\j 1 ROBERf I H\RRIO\ r J\ fl IEL\iCK DP FE \E\\M \\ PR STEPiFN \1 F\ \PP)( P1 DR. DAVID ROSS: and DR. JANET WEISS
2 whether TO THE HONORABLE COURT AND TO THE PRESIDING JUSTICE: Pursuant to California Rule of Court 8.200(c)(I0), the Council for Education and Research on Toxics. et al., respectfully request permission to file the accompanying amici curiae brief in support of Plaintiff and Appellant. The issue presented by this case - the medical and scientific assumptions underlying last year s decision by Division 3 in Maxton v. Western States Metals (2012) 203 CaLApp.4th 81, are erroneous - is of critical importance to workers suffering occupational diseases, to occupational and public health, and to the administration of justice. The Council for Education and Research on Toxics (CERT) is a public benefit organization whose charitable purposes are education and research regarding toxic substances, CERT has funded occupational health conferences and fimded student attendance at such conferences. CERT has also filed arnicus curiae briefs regarding toxic hazards of chemicals in the U.S. Supreme Court, the U.S. Court of Appeals for the First and Second Circuits, the California Supreme Court, the New York Court of Appeal, and the New York Supreme Court. The other amici are all physicians. epidemiologists, scientists, and scholars of science and the history of science and public health. Accordingly, Amici ask the court to accept the accompanying am ici curiae brief for filing. DATED: OctoberJ ALEXANDER LAW GROUP. LLP RICHARD ALEXANDER, ESQ Attorneys for Amici
3 NO. B COURT OF \PPEAL OF THE STATE OF CALIFORNL FOR THE SECOND APPELLATE DISTRICT DIVISION 2 FRANCISCO URIARTE, Plaintiff and Appellant, vs. SCOTT SALES COMPANY, Defendant and Respondent. Appeal from the Superior Court of California County of Los Angeles Honorable Joseph DiLoreto Superior Court Case No. BC [PROPOSEDI BRIEF OF AMICI CURIAE, COUNCIL FOR EDUCATION AND RESEARCH ON TOXICS (CERT), ET AL., IN SUPPORT OF APPELLANT ALEXANDER LAW GROUP, LLP Richard Alexander. Esq. (State Bar No, 48432) Ill W. Saint John St.. Suite 700 SanJose. CA Telephone: 40$) Teiecopier: ( Attorneys for Amici Curiae COL\UL FoR EDIC \T1O, \M) RLSE\RCHO\ TO\ICS I CERU ) DR IERR LJ) AI3R \HM DR RICIIRD \\ (LAPP DR ROLL [)C R STL DR DAViD A \SF\1C\D DR ARTHI RI fra\k DR ROBERI I H\RRISO\ DR ROkLDMEL\1CK DR LEE M AM \ DR STEPRE\ \I RPP\PORT, DR DAVID JOSEPH ROSS d DR. JkEEEISS
4 Active Ingredients, Am, Ind Hyg. Assoc. J 57:33.42 (1996). Source: BD. Naurnann. et al.. Performance-Based Exposure Control Limits for Pharmaceutical that imlike asbestos, is absorbed throuh the skin and is so toxic that it cannot be handled safely. Personal protective equipment preventing occupational exposure to Mechiorethamine. a chemical Frontispiece
5 TABLE OF CONTENTS I. INTERi..STOFAMICICLTi.UAi... 1 IL PRELIMINARY STATEMENT IIL PNEIJMOCONIOSE.S 3 IV. INTERSTITIAL LUNG DISEASE 5 V. LUNG CANCER 7 VI. VIE VIII. CHEMICALS THAT CAUSE INTERSTITIAL LUNG DISEASE AND LUNG CANCER 7 ASBESTOS IS NOT THE ONLY MINERAL THAT CAUSES HAR 1M BY HANDLING 13 ASBESTOS IS NOT THE ONLY CAUSE OF OCCUPATIONAL LUNG CANCER OR LUNG DISEASE 18 IX. CONCLUSION 20 CERTIFICATION OF WORD COUNT 22 APPENDIX
6 A Systematic Review. Publications (2012) 203 Cal.App.-fth 81 3 R 2 Maxton v. Western States Metals Cases TABLE OF AUTHORITIES Agency for Toxic Substances and Disease Registry, Asbestos Toxicity: How Are People Exposed Alcgun, M., et al.. An Epidemic of Silicosis Among Former Developments and Unexpected Social Outcomes, Malignant Tumors Other than Mesotheli oma. Apayidin, M.. et at.. Denim Sandblasters Pneumoconiosis, Denim Sandblasters, Bans, B.. et al., Environmental Fibrous Zeolite (Erionite) E.xposure and Bakan. N.D,, et al., Silicosis in Denim Sandblasters, Archontogeorgis. K., Ct at.. Lung Cancer and Interstitial Lung Diseases: Centers for Disease Control and Prevention. Sjlic osis in Dental Laboratory Carbone, M., et al., A Mesothelioma Epidemic in Cappadocia: Scientific Technicians Five States Morb. Mortal. Welv. Rep. 53(9): (2004) 10 JBR-BRT94(1):36 (2011) 10 Mat, Rev. Cancer 7(2): (2007) 11 I Environ..Pathoi. Toxicol. O,icol. 15(2-41: (1996) 11 Fuhnonari Med. Article 31591$ (2012) chest 140(5): (2011) 10 http ://www.atsdr,cdc,gov/csem; csem.asp?csem4&po Fur. Respir. J 32(51: (2008) 10
7 United ifl5 Centers for Disease Control and Prevention, Silicosis Mortality. Prevention, and Control States ho, h hfo 1t 1T7 R 54 1 f) 401 _4u 9 Cimrin. A.. et al.. Sandblasting Jeans Kills Young People. Fur. Respir. J 28(4): (2006) 10 Comba. P.. et al.. Pleural Mesothelioma Cases in Biancavilla Are Related to a New Fluoro-edenite Fibrous Amphibole, Arch. Environ, Health 58(4): (2003)... 8 Cosgrove. G.P., et al, Approach to the Evaluation and Diagnosis of Interstitial Lung Disease, in Schwarz, M., et al,, eds., Interstitial Lung Disease, 5th ed., Chapter 1 at p. 3 (People s Medical Publishing House, Shelton, CT, 2011).,... 5,6 Dam ian, P.. Development of a Health Risk-Based Surface Contamination Cleanup Standard for Occupational Exposure to Beryllium. Toxicol. Mccli. Methods 21(2): (2011) 16 Day, G.A.. et al.. Beryllium Exposure: Dermal and Immunological Considerations. Int.Arch. Occup. Environ. Health 79(2): (2006) 15 Deuhner. D.C.. et al.. Contribution of Incidental Exposure Pathways to Total Beryllium Exposures, Appi. Occup. Environ. Hvg. 16(5): (2001) 15 Driscoll. T.. et al.. The Global Burden of Disease Due to Occupational Carcinogens. Am..1 Jnd. Med. 38: (2005) 19 Driscoll. I.. et al.. The Global Burden of Non-Malignant Respiratory Disease Due to Occupational Airborne Exposures, Am..1. JnI. Med. 48: (2005) 19 Emond. C.. et al., Dermal Exposure to Pilot Case Study, J Toicol Ernuon Health A 70(6) (2(10Th 16
8 Emri. S.. et al., Lung Diseases Due to Environmental Exposures to Erionite and Asbestos in Turkey, Tox:icoLLett, 127(i-3): (2002)..1i Fontenot. A.P., Metal-induced Diffuse Lung Disease, Scm/n. Respir. Crit. Care Med. 296: (2008) Forte. G.. et al.. Metal Allergens of Growing Significance: Epidemiolocv. lmmunotoxicologv. Strategies for Testing and Prevention. In/Jamm.Ailergv Drug Targets 3): (2008) 13 Greenberg, M.L, et al.. Silicosis: A Review, Dis, Mon. 53: ( Hayes. R.B,, The Carcinogenicity of Metals in Humans, Cancer C auses Control 8(3): (1997) 7 International Agency for Research on Cancer, A Review of Human Carcinogens: Arsenic. Metals. Fibres, and Dusts. L4RC Monographs on the Evaluation of(arcinogenic Risks to Humans. Monograph 100C (IARC. 2012) International Agency for Research on Cancer, A Review of Human Carcinogens: Arsenic, Metals, Fibres, and Dusts, IARC Monographs on the Evaluation of C arcinogenic Risks to Humans, Monograph 100C (IARC, 2012) 11 International Agency for Research on Cancer. Beryllium. Cadmium. Mercury and Exposures in the Glass Manufacturing Industry, JARC Monographs on the Evaluation of arcinogenic Risks to Humans, Monograph 5$ (IARC. 1993) ii J.K. Wagoner, et al,, Beryllium: an Etiologic Agent in the Induction of Lung Cancer, Nonneoplastic Respiratory Disease, and Heart Disease among Industrially Exposed Workers, Environ, Res, 21( ):15-34 (1980) 10 Jasani. B.. et al, Mesothelioma Not Associated with Asbestos Exposure. Arch. Pathol. Lab. Mea 136( ): (2012 8
9 Illinois, Kelleher, P., Inorganic Dust Pneumonias: the Metal-related Parenchvmal Disorders, Environ. HLJli/i Perspect. 1 08( Suppi 4 ): (2000) Langer. A.M.. Mineraloav. U.S. Department of Health and Human Services. Public Health Service. Centers for Disease Control. National Institute for Occupational Safety and Health. Occuvarional Resvirarorv Diseases at p. 3 (September 1986) [DHHS Pub ] 4 Maxwell, R,, et al.. Surveillance for Silicosis Michigan, New Jersey, North Carolina, Ohio, Texas, and Wisconsin, Morb, Mortal. Wklv. Rep. C DC Surveill. Summ. 46(1): (1997) 9 Meiklejohn, A., History of Lung Diseases of Coal Miners in Great Britain: Part II, Br. J Med. 9:93-98 (1951) 3 Muetterties. M.. et ci.. Sandlbasters. in M. Greenberg. ed.. Occupational, Industrial, and Environmental Toxicoiogt, 2nd ed. (Mosbv, Philadelphia. PA, 2003) 9 Naumann, B.D.. et at.. Performance-Based Exposure Control Limits for Pharmaceutical Active ingredients, Am. md. Hig. Assoc. J 57:33-42 (1996) 16, 17 Nemery, B., Metal Toxicity and the Respiratory Tract, Eur, Respir. I 3(2): (1990) 8 OSHA News Release NAT, US Department of Labo?s OSHA Announces Proposed Rule to Protect Workers Exposed to Crystalline Silica. (August ) available online at documeni2ptable=newsreleases&pid r-r )362I 10
10 Parks, et al, Occupational Exposure to Crystalline Silica and Autoimmune Disease,.Eflviron. Health Perpect. 107(Suppi. 5): (1999) 8 Ramazzn.i, B, De Morbis Artificum Diatriba (Liseases of Workers) (Modena, 1700) Ryan, et al, Erionite in Road Gravel Associated with Interstitial and Pleural Changes: An Occupational Hazard in Western United States, J Occup. Environ. Med. 53(8): (2011) 11 Shay, U, et al., Considerations for the Development of Health-Based Surface Dust Cleanup Criteria for Beryllium, crit. Rev. Toxicol, 43(3): (2013) 16 Steenland, K., et al, Review of Occupational Lung Carcinogens, Am. J md. Med. 29: (1996) 8 Thomas, CA., et al., Long-Term Efficacy of a Program to Prevent Beryllium Disease, Am. J hid. Med. 56(7):733-74l (2013) 16 Travis, W.D., et al, World Health Organization International Histological Classification of Tumours: Histological Typing oflung and Pleural Tumours, 3d ed. (Springer-Verlag, 1999)... 7 U.S. Department of Health and Human Services, Public Health Service, Centers for Disease Control, National Institute for Occupational Safety and Health, Occupational Respiratory Diseases at p. 3 (September 1986) [DHHS Pub ]... 6 Valiante, DJ., et al, Highway Repair: A New Silicosis Threat, Am. I Public Health 94(5): (2004)... 9 Wild, P., et al, Lung Cancer and Exposure to Metals: the Epidemiological Evidence Methods Mol. Biol, 472: (2009)... 7
11 Wilt, LL, et al, The Diagnosis of Pneumoconiosis and Novel Therapies,. in B anks, et al, eds., OccupationalLung Disease: An International Perspective at p. 119 Chap...man & FlaIl MedicaL London t Mannetje, A. et al, Occupational Exposure to Metal Compounds and Lung Cancer: Results from a Multi-Center Case-Control Study in Central/ Eastern Europe and UK, Cancer causes C ontroi 22(12): (2011) 7
12 I. INTEREST OF AMICI CURIAE Arnicus. the Council for Education and Research on Toxics (CERT). is a public benefit corporation. whose charitable purposes are education and research regarding toxic substances. CERT has funded occupational health conferences and funded student attendance at such conferences. CERT has also filed amicus curiae briefs regarding toxic hazards of chemicals in the US. Supreme Court, the U.S. Court of Appeals for the First and Second Circuits, the California Supreme Court, the New York Court of Appeal, and the New York Supreme Court. Amici Dr. Jerrold Abraham, Dr. Richard W. Clapp, Dr. Ronald Crystal, Dr. David A. Eastmond. Dr. Arthur L. Frank. Dr. Robert J. Harrison. Dr. Ronald Melnick. Dr. Lee Newman. Dr. Stephen M. Rappaport. Dr. David Joseph Ross. and Dr. Janet Weiss are physicians. epidemiologists, scientists, and scholars of science and the history of science and public health. Brief biographies of Amici are included in the Appendix to this Brief. None of the amid has any financial or other similar imerest in the outcome of this lawsuit. Amici appear on their own behalfto inform this Court that asbestos is not the only chemical that causes lung cancer or lung disease, and is not the only inherently dangerous chemical to which workers are exposed.
13 IL PRELIMINARY STATEMENT Amici submit this brief to inform the Court that asbestos is not the OnlY substance that can cause lung cancer or fibrotic lung disease and that asbestos is not the only inherently dangerous substance known to mankind, Indeed, as Amici will show, there are many minerals, metals, and other substances that are known to cause fibrotic lung disease andior lung cancer. Amici also wish to explain that it is scientifically incorrect to classi substances as inherently dangerous based on handling, rather than based on their innate toxicity. This issue is pertinent to the inherently dangerous exception to the component parts doctrine. In Maxton v. Western States Metals (2012) 203 Cal.App.4th 81. Division 3 of the Second Appellate District held that raw asbestos is inherently dangerous. hut that metals (and presumably other substances) that cause pulmonary fibrosis are not inherently dangerous and are not analogous to raw asbestos, The Court further determined that [a]sbestos itself is dangerous when handled in any form even if it is unchanged by the manufacturer and that asbestos is dangerous when it leaves the supplier s control, but that metals only became dangerous because of manufacturing process[es]. This brief will explain that the assumptions of the Maxton court are scientifically incorrect. Respondents rely on Maxton. hut the premise that chemicals are only inherently dangerous if they cause harm when handled in any form is scientifically incorrect. The inherent danger of a chemical is exclusively a function of its toxicity. i.e.. the severity of the toxic effects it causes and its poienci in mducing such effects I h. i sz. that a chemical x ill Laue to\il
14 injury is a function of toxicity and exposure. which does relate to how the chemical is handled. For example. \vater is not inherently dangerous because it is not toxic to the human body (it is essential to life, even though water can cause death by drowning. On the other hand, cyanide is inherently dangerous because it causes death by in estion. although it can be handled without injury. The Maxton court erred when it concluded that a chemical is inherently dangerous only if it causes harm when handled in any form. Indeed, it is a principle of occupational health that any chemical can be handled safely provided that adequate protective measures are implemented and rigorously followed, IlL PNEU1 IOCONIOSES Pneumoconioses are lung diseases which result from mineral dust deposition in the lung and the subsequent host response. This term is derived from the Greek language (pneurno, the Greek root for lung and konis, the root for dust) and has been applied in clinical medicine since the 19 century (Meiklejohn, 1951). These are illnesses rooted in antiquity, which have had their highest human toll during the industrial age, yet it remains a tragedy of our time that these preventable diseases have not disappeared. A book published by the U.S. Department of Health and Human Services more than Wilt. J.L.. et al.. The Diagnosis of Pneumoconiosis and \ovel fherapies m Banks I) E Lt al eds Oc ;ipanonal Lung Dn& ace in International Perspective at p. ii 9 (Chapman & Hall Medical, London 1998). Liting Meikleinhn Histor or Lung Diseases ot Coal Miners in Great Britim Part II, Br, J MeL 9:93-98 (1951).
15 25 years ago contains the following introductory passage in. a chapter titled Natural Agents of Disease Exploitation of metal ores and fossil fliels, and the quarrying and mining of nonmetallic rocks and minerals, are carried out primarily on and within the earth s continental crust which extends from the tidal zones along the ocean margins of land masses to the mountainous highlands and interior shields of continents. The lithological units constituting the earth s surface may range from unconsolidated beach sands to dense, crystalline rock massifs which often form the spines of many of the great mountain ranges of the world, Those who work in these environments may be exposed by inhalation to powders arising from fragmented or comminuted rocks, minerals, and ores. Miners, millers, stone masons, quarry men, tunnel drivers, to name but a few, may develop pneumoconiosis and, in some instances, malignant neoplasms as the result of such exposures. These diseases are also evident among working populations which process or 2 handle such materials in secondary capacities. Thus, there is a class of occupational lung diseases called pneumoconioses caused by inhalation of mineral and metal dusts, As will be shown, asbestos is not the only mineral that causes these diseases. Indeed, as will be explained, historically, minerals other than asbestos are responsible for most of the morbidity and mortality among workers exposed to inorganic dusts, 2 Langer, AJ.t, Mineral..ogy, in US. Department of Health and Human. Services, Public Health Service, Centers fcr Disease Control, National institute for Occupational Safety and Health, Occupational Respiratory Diseases at p. 3 (Septemfer 1986) [DHHS Pub. 8& 1 02j,
16 Iv, INTERSTITIAL LUNG DISE:ASE. The intersti.tiai lung diseases (ILDs), also referred to a.s diffuse parenchymal lung diseases, are a diverse group ofpulmonary disorders that are classified together because of similar clinical, radiographic, physiologic, or pathologic manifestations,... In general, the major abnormality in interstitial lung disorders is disruption of the distal lung parenchyma... When the lung is injured, epithelial cell basement membranes lose their integrity, heralding the appearance, depending on the injury, of a variety of inflammatory cells, regenerating type II epithelial cells and fibroblasts, resulting in the accumulation of extracellular matrix components.... Continuation of this process can be fueled by persistent injury (bloodbome or inhaled) or by profibrotic cytokines released from the regenerating alveolar epithelium, inflammatory cells, and the proliferating fibroblasts themselves.... This is reflected pathologically as either inflammation and/or fibrosis. A leading textbook on interstitial lung diseases identifies more than a hundred such diseases, classifying them clinically in five tables: (1) Collagen Vascular Disease Associated, (2) Drug- and Treatment-Induced, (3) Primary or Unclassified Disease Related, (4) Occupational and Environmental Exposure Related, and (5) Idiopathic Interstitial Pneumonias and Autoimmune Diseases. The fourth table classifies occupational and environmental Cosgove, G.P., et al, Approach to the Evaluation and Diagnosis of interstitial Lung Disease, in S.chwarz, lvi., et al, eds., Interstiti.i Lung Disease, 5 ed., Chapter 1 at p. 3 (People s Medical Publishing House, Shelton, CT, 2011). M atpp. 35, Tables Li through L5.
17 exposure related interstitial lung diseases in two main groups: diseases caused b.y inhalation of inorganic, matter and disease caused by inhalation of organic matter. The. former are the pneumoconioses and the lat.ter compri.se a class of other occupationally-related lung diseases, most of whic.h are generally referred to as hypersensitivity pneumonitis. In the first part of Table 1-4 (Clinical Classification of ILD: Occupational and Environmental Exposure Related) from this textbook, regarding pneumoconioses, the following fibrotic lung diseases are listed: Silicosis, Asbestosis, Talc pneumoconiosis, Kaolin pneumoconiosis, Diatomaceous earth pneumoconiosis, Aluminum oxide fibrosis, Berylliosis. Indium compounds, Hard metal fibrosis, Coal workers pneumoconiosis, Baritosis (barium), Antimony pneurnoconiosis, Polyvinylchloride pneumoconiosis, Shale pneumoconiosis, Siderosis (arc welder s lung), Stannosis (tin), Silicone pneumonitis, Wood burning interstitial fibrosis, Textile worker s pneumoconiosis, and Flock lung (nylon). Although generally useful and informative, this list is incomplete. It does not include several pneumoconioses that have long been recognized in the medical literature, such as silicate pneumoconiosis, cobalt pneumoconiosis, silver pneumoconiosis, fibrous glass pneumoconiosis, zirconium pneumoconiosis, rare earths pneumoconiosis, and mixed dust pneumoconiosis 6 Thus, it is readily apparent that asbestos is not the only mineral that can cause fibrotic lung disease, Id at p. 5, Table 1-4, Clinical Classification of ILD: Occupational ar.d Environmental Exposure Related. 6 See, generally, U.S. Department of H.eaIth and Human. Services, Public Health Service, Centers for.disease Control, National Institute for Occupational Safety and H.ealth, Occupational Respiratory Diseases at p. 3 (September 1986) [DHHS Pub ]
18 V., LUNG CANCER Lung cancer is a collection ofvarious. malig.nances of]ung tissue, 7 The interstitial lung diseases are not lung cancers, although a link between interstitial lung disease and lung cancer has long been suspected and current evidence does suggest an association between interstitial lung diseases and the development of lung cancer, VI CHEMICALS THAT CAUSE INTERSTITIAL LUNG DISEASE AND LUNG CANCER Several minerals and metals that cause interstitial lung disease can also cause lung cancer, 9 Asbestos is a mineral that causes pleural plaques (fibrosis W,D. Travis, et al,, World Health Organization International Histological Classification of Tumours: Histological Typing of Lung and Pleural Tumours, 3d ed (Springer-Verlag, 1999). 8 K. Archontogeorgis, et al,, Lung Cancer and Interstitial Lung Diseases: A Systematic Review, Pulmonary Med Article (2012). A. t Mannetje, et al, Occupational Exposure to Metal Compounds and Lung Cancer: Results from a Multi-Center Case-Control Study in Centra].!Eastem Europe and UE, C ancer causes con.troi 22(12): (2011); P. Wild, et al,, Lung Cancer and Exposure to Metals: the Epidemiological Evidence, Methods Mol, Bioi, 472:139167(20:09); AP. Fontenot, Metal-induced Diffuse Lung Disease, SCmin. Respir. ( Cit. Care Med 29(6): (2008); P. Kelleher, Inorganic Dust Pneumonias: the Metal-related Parenc.hyniai Disorders, Em iron Health Perspect I 08(Suppl 4) (2000) R B Hayes, The Carcinogenicit ofmetals in Humans ( ancer Causes Control 8(3) (1 997
19 of the parietal pleura) and an interstitial lung disease called asbestosis, but also causes lung cancer and mesothelioma, Although mesothelioma has been referred to as a signature disease, i.e.. a disease caused only by exposure to asbestos, there are, in fact, other causes of mesothelioma, including the nonashestos fiber erionite and fluoroedenite. Silica, which Lriarte alleges was contained in the sands sppiied by Respondents. is a metalloid that causes an interstitial lung disease called silicosis. It can also cause lung cancer and immune-mediated diseases such as nephritis (kidney disease). rheumatoid arthritis. scieroderma. systemic lupus ervthematosus. Wegener s granulomatosis and vasculitis. The International Agency for Research on Cancer recently determined that [t]here is sufficient evidence in humans for the carcinogenicit\ of crystalline silica in the form of quartz or cristohalite and concluded that [cjrvstailine silica in the form of quartz or cristohalite dust causes cancer of the lung. 2 Respiratory disease associated with occupational exposure to crystalline silica has been described K. Steenland, et al., Review of Occupational Lung Carcinogens, Am. J md. Med 29: (1996); B. Nemerv. Metal Toxicity and the Respirato Tract, Eur. Respir. J 3(2): (1990). B. Jasani, et al., Mesothelioma Not Associated with Asbestos Exposure, Arch. Pathol, Lab, Med l36(3): (2012); P Comba, et al., Pleural Mesothelioma Cases in Biancavilla Are Related to a New Fluoro-edenite Fibrous Amphibole, Arch. Environ. health 58( ): (2003). M.L Greenberg. et al.. Silicosis: A Review, Dis. Mon. 53: (2007); C.G. Parks. et al.. Occupational Exposure to Crystalline Silica and Autoimmune Disease, Environ. Health Perspect. l07(suppl. 5): (1 999). international :\encv tbr Research on Cancer, A Review of Human crcinoe s -.r.n1l Metals Fibres and Dusts DRC lio; ae aphs m ih I t1 (w2l.1 1? 0. i Ui mai \Fino..,,ranh 1 1 K I \R( () I
20 throughout histoiy. Hippocrates d.escribed a conditicn of breath.lessness. in miners, and in 1690, Lohneiss noted that when the dust and stones fall upon the lungs, th.e men h.ave lung disease, breathe with difficulty. 3 Ii. 1700, Bernardino Ramazzini described so-called miners phthisis, and other trades of the day in which workers inhaled substantial quantities of dusts. 4 These dust-related afflictions have been known by various names, including miners phthisis, dust consumption, mason s disease, grinders asthma, potters rot, and stonecutters Peacock and Greenhow reported finding silica dust in the lungs of miners in the 1 860s, and 10 years later, Visconti coined the term silicosis to describe the age-old Although mining has been recognized as a cause of silicosis for centuries, the advent of the pneumatic jackhammer and occupations such as sandblasting, 7 4. Muetterties, et el,, Sandlbasters, in M. Greenberg, ed., Occupational Industrial, and Environmental Toxicology, 2nd ed. (Mosby, Philadelphia, PA, 2003). B. Ramazzini, Dc Morbis Artificum Diatriba (Diseases of Workers) (Modena, 1700). Id Id Centers for Lise.ase Control and Prevent.ion, Silicosis Mort.aiity, Prevention., and Control United Ste te.s., , Mdrb. Mdrtal, Wkiv. Rep. 54(16):4.0i-405 (2005); R, Maxwell, et al., Surve.ii.iance for Si.licosis, 1993 illinois, Michigan., New Jersey, North Carolina, Ohio, Texas, and Wisconsin, Morb. MOrtal. Wkiy. R.ep. CDC Shrveill. Summ. 46(1).: (1997). 9
21 ox\adi highway repair: dental laboratory work and even the production of frded denim jeans- have unfortunately resulted in modem cases ofsilicosis. Despite efforts to prevent silicosis. the Occupational Safe and Health Administration has concluded that such efforts were inadequate to protect American workers and recently proposed a new rule to protect workers exposed to crystalline silica, estimating it would save nearly 700 lives and prevent new cases of silicosis annuailv. Beryllium is a metal that causes an interstitial lung disease called Chronic Beryllium Disease (CBD): beryllium also causes lung cancer and diseases of other organs, including heart disease, 22 The International Agency D.J. Valiante. et al.. Highwav Repair: A New Silicosis Threat, Am. I Public Health 94( ): (2004). Centers for Disease Control and Prevention, Silicosis in Dental Laboratory Technicians Five States, , Morb. Mortal. Wkly. Rep. 53(9): (2004). See. e.g.. A. Cimrin. et al.. Sandblasting Jeans Kills Young People: Eu, Rcspir J 28(4) (2006) NI Akgun et al \n Epidemic of Siliosis Among Former Denim Sandblasters. Eur. Respir. I 32(5): (2008); NI. Apayidin, et al.. Denim Sandblasters Pneumoconiosis, JBR-BRT94(l):36 (2011); N.D. Bakan, et al., Silicosis in Denim Sandblasters, Chest l40(5):1300-l304 (2011). OSHA News Release NAT. ijs Department of Labor s OSILA Announces Proposed Rule to Protect Workers Exposed to Crystalline Silica, \ugust 23 20laailahle online at sho\\ - docurnent?ptab1enewsreleses&pid=24621 J.K. Wagoner, et ai., Beryllium: an Etiologic Agent in the Induction of Lung Cancer, Nonneoplastic Respiratory Disease. and Heart Disease among Industrially Exposed Workers, Ehviron. Rev 21(1): (1980).
22 for Research on Cancer has classified. be.r ilium as a known human carcinog.en si.nce 1993 bas.ed or. its abi.lit to caus.e lung. cancer. 23 Erionite is a naturally occurring fibrous mineral of the zeolite family that causes calcified plural plaques 24 and may cause interstitial lung disease, 25 Erionite has been found to cause an extraordinarily high incidence of pleural mesothelioma in Turkey 26 and also causes lung cancer, 27 According to its recent review, the International Agency for Research on Cancer found that [tjhere is sufficient evidence in humans for the carcinogenicity of erionite, and concluded that [ejrionite causes mesothelioma, 28 Talc is a mineral that is widely used in the ceramic, paper, plastics, rubber, paint, and cosmetic industries, Four distinct forms of pulmonary International Agency for Research on Cancer, Beryllium, Cadmium, Mercury and Exposures in the Glass anufacturing Industry, L4RC Monographs on the Evaluation of Carcinogenic Risks to Humans, Monograph 58 (IARC, 1993). S. Emri, et al., Lung Diseases Due to Environmental Exposures to Erionite and Asbestos in Turkey, Toxicol, Leti. l27(1-3): (2002). P.H. Ryan, et al., Erionite in Road Gravel Associated with Interstitial and Pleural Changes: An Occupational Hazard in Western United States, I Occup. Environ, Med 53(8): (2011). M. Carbone, et al., A Mesothelioma Epidemic in Cappadocia: Scientific Developments and Unexpected Social Outcomes, Nat. Rev, Cancer 7(2):i47154 (2007). B. Bans, et al., Environmental Fibrous Zeolite (Erionite) Exposure and Malignant Tumors Other than Mesothelioma, I Environ. Pathol. Toxicol. Oncol. l5(24):l (1996:>. international Agency for ]Res earch on A Review of Human Carcinogens: Arsenic, Metals, Fibres, and Dusts, L4RC Monographs on the Ealuatzon of&vurogenic Risks to Humans Monograph 100C (IARC 2012)