Document 15jg7Bgyyq8O6ZeKZO3axkmda

FILE NAME: &'ZZ&' DATE: DOC#: &' DOCUMENT DESCRIPTION:>ZZKZZ &'ZZZW/ZZ t IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO C. P. JACKSON, et al., Plaintiff, vs. THE B. F. GOODRICH COMPANY, et Al., Defendants. Case No. CV 88-103483 Judge James Williams ANSWERS, RESPONSES AND OBJECTIONS OF DEFENDANT, THE B. F. GOODRICH COMPANY, TO PLAINTIFF'S INTERROGATORIES Defendant, The B. F. Goodrich Company (hereinafter, sometimes referred to as the "Company" or as the "Defendant"), reserves all of its rights to object and/or otherwise litigate all issues of competency, relevance, materiality, privilege and admissibility as evidence for any purpose relative to all information herein either in the trial of this matter or otherwise. The Company's following responses are not intended to waive any general objection raised herein. Further, without limiting the foregoing, the Company, by counsel, generally objects to the Instructions and Definitions and the Interrogatories on the grounds that; 1) said instructions and definitions render the interrogatories unduly over broad and overly burdensome, cause them not to be calculated to lead to the discovery of admissible evidence and render-them improper under the Ohio Rules of Civil Procedure; 2) said instructions and, definitions result in requests for information protected by the attorney client privilege and the work product doctrine; and 3) said instructions and definitions represent an improper attempt to expand the requirements of Rule 33 of the Ohio Rules of Civil Procedure with respect to answering interrogatories and supplementing same. Responses to inquiries concerning asbestos or asbestoscontaining materials at the Company's facility where Plaintiff worked should not be construed as an express or implied admission that any asbestos fibers were airborne, or, if they were, that any human exposure resulted. The Company, by counsel, objects to the interrogatories to the extent they call for information which relates to persons other than the Plaintiff. The Company, by counsel, further objects to these interrogatories to the extent they call for information that is not available or accessible from its present employees or from records kept or compiled by persons employed by it. Various products and processes of the Company are confidential and trade secrets. The Company objects to the discovery to the extent that it seeks disclosure of detailed operating practices, process information and/or other information that is protected from disclosure. Without waiving the foregoing objections and defenses the Company provides the following responses and will make available to the plaintiff's counsel for inspection copies of the non- privileged documents indicated in the interrogatory-answers. Each and all of the foregoing objections and defenses are hereby incorporated by reference in each and all of the following answers and responses. Respectfully submitted, VORYS, SATER, SEYMOUR AND PEASE By: F. Daniel Balmert 1375 East Ninth Street 2100 One Cleveland Center Cleveland, Ohio 44114 (216) 621-7091 Attorneys for Defendant, The B. F. Goodrich Company CERTIFICATE OF SERVICE The undersigned, being one of the attorneys for the Defendant, The B. F. Goodrich Company, hereby certifies that a copy of the foregoing has been served upon counsel for the Plaintiffs, Dale S. Economus, Esquire, Bevan & Economus, 9821 Olde Eight Road, Northfield, Ohio, 44067, by placing same in the regular U.S. mail, postage prepaid, this 774k day of 1989. F. Daniel Balmert 111789/08023090.vp5ndm IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO C.P. JACKSON, et al. Plaintiff vs. THE B.F. GOODRICH CORP., et Defendant Now comes Plaintiff, ) ) ) ) ) ) al.) ) ) ) ) ) by and Case No. CV 88-103483 JUDGE JAMES WILLIAMS PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT, B.F. GOODRICH CORPORATION through his counsel, and requests that Defenda'nt answer separately and in full in writing and under oath within 28 days of service hereof, the following Interrogatories pursuant to Ohio Rules of Civil Procedure. These interrogatories shall be deemed continuing So as to require supplementary answers between the time answers are served and the time of trial in accordance with Ohio Rules. If you Will do so without a formal motion to produce, please attach copies of supporting documentation to your answers. In answering the Interrogatories, furnish such information as is available to Defendant, and in the possession or control of its attorneys, investigators, agents, employees and/or other representatives CL the company or its attorney. More particularly, the following definitions apply: I. 'Document(s)' or 'writing(s)' shall include all writings, drawings, graphs, charts, floor plans, blue prints, photographs, phonorecords, and all other data compliations and/or communications. Page 1 2. A request to 'identify' a writing or document means a request to either attach such an exhibit to your answers to the interrogatories, or to describe such with sufficient specificity that it may be mad, the subject of a request for Production of Documents. Your description should include without /imitations, an 'indication' of! (a) the author; (b) addresses; (c) (d) the nature of the writing os. document, (1.g. letters telephone memorandum; audio tape recording; photograph; *Lc.); (e) a summary of the contents: (f) the present location and custodian thereof. 3. A request. to 'identify' a person or individual shall include any corporation, partnership or any recognizable entity. Your response to such a request shall include the individual's name, place of employment, job title, present business or home address and present business or home telephone number. 4. A request to 'identify' a product, material or substance means a request to describe the product, material or substance by the following means: (1) by nickname or slang name used in your corporation; (2) by the name under which it was sold in 1/14, market place (i.e. trade name); and (3) by its generic name. You aro reminded that all answers must be made separately and Tully, ana that incomplete or evasive ana.1144 will constitute a failure to answer. Further, you are rorquesteo Lu teentit/ document, relevant and reCecabIe co t:11, epucitic categories anJ 4reau or inquiry set tertfi nvr4in. INTERROGATORIES 1. Identify the individual(s)- answerihg these interrOgatOrLea on behalf of Defendants State name(s). address(es), employer(s), of anyone who is answering, and/Or supplied any information with respect to such answers on tehalf Jf Defendant. ANSWER: See Attachment #1 2. State by indicating Plant location (description) and department and the year worked, each location worked by Plaintiff. ANSWER: See Attachment #2 Va. 3. Identify whether Defendant (including its agents, representatives, and employees) has at any time purchased, stored, used, handled, or disposed of any products, material*, or substances, containing any amount of asbesteiw ur usbesti-form minerals, at any of its facilities in Summit County, Ohio. Vag* 3 ATTACHMENT #1 Richard Jacobson, The B.F.Goodrich Company, 3925 Embassy Parkway, Akron, Ohio 44313 Richard Ratan, Covington Capital Corp,, 500 South Main Street, Akron, Ohio 44308 Larry Brinkley, 142 Hollywood Avenue, Cuyahoga Falls, Ohio 44221 Harold W. Dist:, M.D., The B.F.Goodrich Company, 3925 Embassy Parkway, Akron, Ohio 44313 Robert W. Modrell, The 3.F.Goodrich Company, 3925 Embassy Parkway, Akron, Ohio 44313 Charles Platt, 33$ W. Hove Rd., Cuyahoga Falls, Ohio 44221 John Dick, Uniroyal-Goodrich Tire Company, 600 South Main Street, Akron, Ohio 44319 F. Daniel Balmert, Esq., Vorys, Sater, Seymour & Pease, 2100 Cleveland Centre,' 1375 East 9th St., Cleveland, Ohio 44114-1724 William E. McCormick, 419 Dorchester Road, Akron, Ohio 44313 Jerry A. Smith, Ths B.F.Goodrich Company, 500 S. Main St., Akron, Ohio 4431$ Marilyn Petroski, The B.F.Goodrich Company, 3925 Embassy Parkway, Akron, Ohio 44313 ATTACHMENT #2 From Mg 6/22/42 - 8/16/42 lilc Dent. D/6565 Servicing tire machines Served in Armed Forces 1/3/46 - 4/21/47 4/21/47 - 2-21-51 2/22/51 - 1/1/52 D/6565 D/6580 D/6580 " . - Low crown and passenger tires Low crown and passenger tires, servicing tire machine 1/2/52 - 12/9/63 12/10/63 - 1/17/64 1/18/64 - 3/5/68 3/6/68 - 6/17/68 D/6565 D/6380 D/6580 D/6580 Servicing tire machines Ply boy, Group 1 Mill Man Group #8 cure N.S. Butt Splice Heavy Purpose 6/18/68 - 1/12/69 D/65$0 Curs R.P. 1/13/69 - 3/29/71 D/6565 Cure 45" Presses Heavy Purpose. 3/30/71 - 10/5/76 4-A D/6565 Group #25 Heavy Purpose 10/6/76 - 9/30/82 3-A D/6565 Cure Bladder Type Presses H.P. 1954, 1955, 1957, 1958, 1959, 1960, 1961, 1963 excused union business. 11/1974 - 4/1979 Union Official. The Company doss not have records which indicate the specific buildings in which Mr. Jackson worked prior to 1971. However, the jobs that he held were all related to the tire-making process, and his jobs would have been in those areas of the complex Where tiremaking took place. (Plaintiff's original personnel file is available for inspection and copying.) ANSWER: yes 4. If the answer to the preceding Interrogatory is affirmative, state for each such product, material, or substance identify: a. Its name, and general description, quantity purchased or obtained by Defendant on each date obtained; the name and address of the person or business from whom it was purchased or obtained by Defendants; ANSWER: a) The Company has purchased raw asbestos and certain products containing asbestos over the years. The Company believes that some pipe insulation used prior to about 1970 may have contained asbestos, and that certain machinery may have used asbestos as an insulating material. Any asbestos and products containing asbestos that were purchased over the years were purchased from a wide range of suppliers, and the precise quantities purchased, the dates on which such purchases were made, and the specific name and addresses of the vendors supplying particular products are not presently known. Investigation into the existence of quality control records which may provide information sought by this.interrogatory is continuing. o. The name and address of each building or other structure, arta the location within that building or structure: Cl) In which it was stored, warehoused, or installed by Defendant prior to use, and the glisten of each storage at each locution; (2) In which it was used, placed in different containers, or made available to any workers, and the dates of each use, re-packaging., or availabilio.i to 4.Jrkerm at each lncation; Pa..t 4 (3) In which it was discarded, disposed of, or stored after use, and the inclusive dates of each such discarding,- disposal, or storage after use at each location. ANSWER: b) There was some storage of asbestos prior to its use on the first floor of Building 502 and in Building 513. These are located in the section of the Akron complex in which adhesive products were manufactured. Asbestos vas also used for a. period of time in the areas of Bldg. 5 where compounding of bowdome ingredients occurred. Some asbestos storage occurred in Bldg. 23, where the compounding of ingredients used in the manufacture of bowdome stock took place. The specific dates on which such storage, usage, and disposal took place are not known. Prior to about 1960, asbestos also was used in the manufacturing process in Building 30. c. Whether 4ny such products) existed at or in any work location, department or building at onich Plaintiff worked, and if so, identify each location and each product at that location. ANSWER: c) To the beat of the Company's knowledge the only asbestos that existed in any of the locations, departments, or buildings in which the plaintiff worked was contained in any pipe insulation at any such location, or in certain pieces of machinery placed in such location, and the Company is not certain that either the pipe insulation or the machinery used in the locations Where the plaintiff worked contained asbestos. d. Identify whether Defendant currently possesses any samples of each such product, material, or substance: and the names) and address(es) of those persons responsible for purchasing such materials or products previously discarded between the years 1939 and present. ANSWER: /Pm d) No such samples of materials to which the plaintiff may have been exposed have been located in the possession of this Defendant. The persons responsible for the Company's purchasing from 1939 to the present ars listed, to the extent known, as an answer to Question 16. - - S. For each such product, material or substance containing asbestosis or asbesti-fort minerals which was identified in Interrogatory No. 3, describe: a. The functionts) or purposets) for which it was or is used in Defendant's business operations: ANSWER a) To the beat of our present knowledge, asbestos was not used in any aspect of the tire-making process. Asbestos, when used in the . facility or manufacturing process, is generally used for its thermal characteristics, such as insulation, heat retardation, etc. b. The substantive content, form, source, and location of an,' information reltting to its exact mineralogical components, and the proportions of these components, of which Defendant has any knowledge: ANSWER: b) The Company does not maintain this information except as may be contained in Material Safety Data Sheets that it has retained. See also the answer to Interrogatory 4(a). The Company does have MSDS sheets which describe the properties of asbestos. Those MSDS sheets are attached as Elhibit 5-B. c. The substantive content, form, source, and location of any information relating either to instructions for its use, or to any dangers to health associated with such use, which was provided to Defendant when it was purchased or obtained by Defendant; ANSWER: c) Such information received from a provider of asbestos is available only for the most recent purchases from that provider. It is contained on Material Safety Data Sheets ("MSDS") received from such providers. MSDS information that is superseded by more recent information is discarded. V,:gge 6 d. The substantive content, form, source, and location of any information relating either to .instructions for its use, or to any dangers to health associated with such use, which became known to Defendant at any time after it was purchased or obtained by Defendant: ANSWER: d. Attached as Uhibit 5-D is a current compilation of publications presently available to the Company's Environmental Health Department. Additional general reference or. library -type materials are also presently available to said department. e. The substantive content, form, 'source, and location of any information relating either to instructions for its use, or to any dangers to health associated with such use, which wws provided by Defendant to employees in any fashion, and the inclusive dates that such information was provided to employees: and ANSWER: See Attachment #3 f. Any and all safety equipment or devices provided by Defendant to any employees in connection with its storage, use, handling, or disposal, and the inclusive dates that such equipment oc devices were provided oc made available to employees. ANSWER: f. The Company has provided respirators to those of its . employees who worked directly with asbestos or products containing asbestos since around 1970. The most recent respirators were called Comfo-II's, manufactured by MBA. Prior to that, respirators were purchased from Willson. At a later date (sometime in the 19700, the Company also provided protective clothing to employees working directly with asbestos. Pdgtt 7 A.T/ACIDISI4IS3 Se. It was the general policy in the Akron complex to hold employes meetings regularly to discuss health and safety issues with employes.. Further, it in understood that pursuant to the labor contract between the Company and the DRW,. joint meetings were held between appropriate Company and union officials to discuss health and safety issues. It is the recollection of former Company employees that the dangers associated with asbestos and instructions as to its use were. discussed at these meetings. In addition, the Company conducted detailed training sessions for its employees, which included training in the use of substances that were deemed hazardous. 3oth the Industrial Hygiene and Safety Departments of the Company were very active in communicating to employees who worked with hazardous substances the dangers associated with the vse of those substances. 6. Please state the methods and procedures implemscited to install, use and/or repair the asbestos and/ur asbestos products, the individual who is most knowledgeable regarding the installation, use and/or repair of the asbestos and/or asbestos products, and the manufacturer and/or seller of any of the asbestos products used at tne S.F. C000rion 53U South Main Street Akron, Ohio Plant. WPM: Attached as Exhibit 20 to these interrogatories are three pages from a safety manual developed by the' Company in 1979. This manual provides guidance as to bow asbestos was to be handled by employees working with it at the Company's Akron complex. Mr. Larry Brinkley, who was the Director of Safety at the Akron complex at that time, is knowledgeable about such methods, as were others employed at the complex. In determining how to handle asbestos and products containing asbestos, the Company also took account of information provided by asbestos manufacturers Material Safety Data Sheets (MSDS) or other similar information. 7. Did you perform, direct to be performed, finance, sponsor or receive the results of any studies or tests . concerning the relationship between the exposure to asueste)s, silica and/or talc at your Summit County, Ohio plant or facility, and asbestosis, silicosis, talcosis and/or any otter :slated kalee430 or condition. ANSWERS No 8, If the answer to the preceding Interrogatory is affirmative, describe: when, where, and at what intervals such studies were performed, were such studies in writing, when and to whom the results of such studies were publisned or distributed, who performed Such Studies, and where the results of such studies are located. ANSWER: N/A 9. Did you perform, direct to be performed, finance, sponsor, or receive the results of any dust monitoring teats of job sites where asbestos, talc, and/or related products were being purchased, stored, used, handled, manufactured, disposed of, or sold,.at your Summit County, Ohio plant or fa1ility. Include date(s), locationts) of this first tont, when, where, and at what intervals tests were performed, whether such studies were in writing, when and to whom the results were published or distributed, who performed such studies, and where are the results of such testa miintlined. ANSWER: The Company has performed dust monitoring tests in the Akron complex since at least the mid-1940's. These teats were not performed at specific intervals, but were performed on an ongoing basis to determine whether dust levels at the facility exceeded the levels set out in standards prepared first by an industry organization known as ACGIH, and later,OSHA. The test results were generally taken by the Industrial ygiene Department of the Company, which did write up the results of such tests. The tests were generally conducted in response to specific conditions in which it was believed that such testing was appropriate. The results were distributed to various individuals for the purpose of determining whether engineering Changes needed to be made to the complex to reduce the levels of dust in particular areas of the plants, and also to individuals who could determine what, if any, protective equipment was appropriate for employees working in the areas in which dust was found. Many test results continue to be stored at the Company's headquarters in oath, Ohio (said test results which relate to the departments where the plaintiff regularly worked are available to the extent that they exist). Piggy 1U I. DOCUMtNThTION AND RECORDS 10. Identify the names of present company agents or employees who have knowledge of the purchase, storing, use, handling, manufacturing, disposal of, or sale of asbestos, talc, and/or related products at any ana all of your plants or facilities in Summit Count', Ohio. Aristans Harold W. Diets, M.D.-* Robert W. Modrell Certain employees of the Company's Adhesive, Systems business unit are believed to possess knowledge regarding the proper usage of asbestos. 11. Identify the names of present company agents or employees with knowledge of the written records and documents in possession or control of Defendant (including its agents, representatives, and employees) which refer to the purchase, storing, use, handling, manufacturing, disposal of or sale of asbestos, talc, and/or related products at any and ILL of io.Jr:plants or facilities in Summit County, Ohio. ANSWIR: Marilyn Petroski Harold W. Diets, M.D. Certain employees of the Company's Adhesive Systems business unit are believedlo possess records concerning the purchase of asbestos for use in the adhesive manufecturing process. Pave 12. Identify the title and location of all written records or documents in the possession or control of the Defendant (including it agents, representatives, OC employees) which refer to the purchase, storing, use, handling, manufacturing, disposal of or sale of asbestos, talc, and/or related prod.cts at any and ell of your plants or facilities in Summit County, Ohio. ANSWIA: See answers to prior interrogatories. Further, such documents, to the extent they may exist, are not readily located at any one site. Because the Akron complex has been closed for over two years, and because most of the businesses located at the complex have been divested, very few records remain in the possession of the Company. The Company does continue to maintain updated MSDS sheets concerning asbestos use, the 1979 safety manual and the results of certain monitoring tests taken in the complex. 13. For all suppliers of asbestos products and/or installers of asbestos containing products at S.F. Goodrich, Summit county Ohio plants state: a. Name(s), address(es) and year(s) of supak/ or installation, type of asbestos product supplied, such as but not limited to asbestos pipe covering, installation (include a description of such products). ANSWER: a. See answer to interrogatory 4(a). The Company no loniir maintains records which indicate specifically what types of asbestos products were supplied or when such products were supplied. Page 12 *b:* liwiCompany has no present specific knowledge that r. 1f asbestos-containing products were installed, repaired and/or replaced around the plaintiff. b. Were any of such asbestos products installed, repaired, and/or replaced, al used around plaintiff and/or any other of defendant's employees (including but not limited to Pipe coverers, Tire Builders, MOSS ROOM workers, rube Room workers, Boiler Room workers, calander Room workers, and Tire Curing areas); To the extent that pipe insulation or certain parts of the machinery (e.g., brakes and gaskets) in the plant contained asbestos, then the repair and replacement would have taken place in the areas described in the question. However, if such repair and replacement involved the possibility that impermissible levels of asbestos could be released into the air, precaution. were taken with respect to employees working in those areas, either by providing them respirators, removing them from the affected areas, or . performing maintenance work when no workers were present in those areas. Since 1970, asbestos has not been used for e' this purpose by the Company. c. State whether any of such ashesto s products fray, flake, dry out, de ack, peel, becom e damaged and tall to the floor of Defendant's S ummit County complex, or become airbornvand/ot fall on or around Plaintiff a nd/or other empl aye.s of Defendant while th ey were employed at such summit County complex; (i ncluded but not limited to those areas listed in (b ), and the areas in which such employee job classifications listed in (b) worked); and state whether any dust was created uy using, installing, or supplying su ch asbestos products and/or wh ile such asbesto a products were in use ano/or bein g used by Defend ant anc describe any preca utions and/or pr ograms and/or actions Defendant undertook to con trol such asbestos dust. 7040Wells c. This question is confusing and not Understood fully. The repair and replacement of asbestos-related items has been effected for at least twenty years in accordance with specific procedures designed to limit any exposure to . asbestos on the part of employees, and the creation of dust. Employees who worked in the complex recall that the pipe insulation was in generally good condition. With respect to the use of asbestos in certain mixing processes (i.e., the manufacture of bowdomes and adhesives), some asbestos may have become airborne. , However, 0.4ompanytested-for-the level of airborne Aibeitespiand did take precautions to control same. asbestos was not used in the manufacturing processes which took place in the rooms cited in the question. Jepartment of Labor iocupL.onal 3..iety and Health Administration m.4111 --A ;Ration and Notification of Penalty U.S. Department of Labor - OSHA 3. Issue:4.4116386014). Insrbegividistak Federal Office Building - Room 899 5. Reponilige2 6. CSR132135 1240 East 9th Street leveland , OH 44199 1. Type of Violation(s) Other 2. Citation Number The violation(s) described in this Citation are alleged to have oc- 7. Optional Report No. curred on or about the day the inspection was made unless otherwise indicated within the 10. Inspection Date(s): description given below. 3/19/86 8. PagelNo. 1 of 3/27/86 9. F. Goodrich and its successors 500 S. Main Street Akron, OH 44318 11. Inspet6 Site: Mein Street Akron, OH 44318 iE LAW REQUIRES that a copy of this Citation be posted immediately in a prominent place at or near the location of violation(s) cited below. The cation must remain posted until the violations cited below have been abated, or for 3 working days (excluding weekends and Federal holidays), whichever 101196r. Citation describes violations of the Occupational Safety and Health Act of 1970. The penalty(ies) listed below are based on these violations. You must .ate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within 15 working days (excluding weekends .d Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U.S. Department of Labor Area Office at the address own above. (See the enclosed booiclet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further oiled that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 15 working days after receipt, s Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Commission and may not be reviewed by any urt or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided in the Act or, if contested, unless the Citation is affirmed by the Review Commission. Item Number Standard, Regulation or Section of the Act Violated 14. Description 29 CFR 1910.1001 Cr ) (2)(i ): Proper samples were not collected from tl- h)reathing zones of employees when determining exposure to airborne 15. Date by Which Violation Must Be Abated Immediately Upon Receipt as. sta., f ibers: :ailing concentrations of asbestos fibers were not collected in dept. 7821. 1 . Penalties Are Dos Ohio 15 Days of Receipt of This Notification Unions Common (See enclosed Booidet) This Section May Be Detached Before Posting 16. Penalty O. )TICE TO EMPLOYEES -- The law gives an employee or representative the opportunity to object to any abate- lit date set for a violation if he believes the date to be reasonable. The contest must be mailed to the U.S. g: nt of Labor Area Office at the address shown )ve dithin 15 working days (excluding weekends and feral holidays) of the receipt by the employer of this Cita- and penalty. EMPLOYER DISCRIMINATION UNLAWFUL -- The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U.S. Department of Labor Area Office at the address shown above. iPLOYER RIGHTS AND RESPONSIBIUTIES -- The enclosed booklet outlines employer rights and responsibilities and )uld be read in conjunction with this notification. ATION AND NOTIFICATION S.r 4SMALTY DUPLICATE OSHA-2 (Rev. 1/64) Total Fealty tw This COON Make Chock or =order "004.411F4A" Indicate Wpsedon Numbs/ en Nenttnance 14. With respect to asbestos pipe covering and/or asbestos installation, state: a. ANSWER: The name(s) and address(es) of supplier(s) and year(s) supplied, the trade news) or product name(s) of such asbestos pipe covering or insallation. a. See answer to interrogatory 4(a). The Company has no specific knowledge of which suppliers sold asbestos to the Company for this purpose at any particular point in time. Since about 1970, the Company has not used asbestos in pipe covering. 15. State whether such asbOstOs products were installed and/or used and/or torn out, and/or replaced, by Defendant, Defendant's agent(s), and/or anyone obtained by Defendant in any areas where Plaintiff worked and whether such use of installation oceured while Defendant's employees were working in such areas. ANSWER: To the extent that pipe insulation used prior to 1970 contained asbestos, the repair or replacement of such insulation occurred in places where employees worked, although not necessarily when employees were working there. Such repair or replacement wee after, though not always performed by outside contractors knowledgeable in such processes. Members of the Maintenance Department also performed such tasks, The Company took precautions to protect employees against known health hazards. If the Company's Industrial Hygiene Department determined that a risk was posed in the repair or replacement of asbestos, appropriate precautions would have been provided to employees. Piga t4 16. List the name(s), home address(es), home phone number(s), business address(es), business phone number(s), department(s), position(s), job title(s), and year's) held such title(s) and/or position(s) for the person(s) in charge or responsible far Defendant's Purchasing Department, Shipping and Receiving Department's) and any and all persons who were involved in, responsible far, or most knowledgable for the purchase, supply, installation, or use of asbestos and/or asbestos containing products used by defendant, or purchased by Defendant between the dates of January 1, 1950, and the present. ANSW8R: Zazahmina 1984-1986 - Fred Warburton - Vice President, Purchasing 1223 Ledgewood Drive Akron, Ohio 44313 1979-1984 - Robert Manger - Vice President, Purchasing Address not known t - 1979 - Jaime Ellis - Director, Purchasing 1111 Plantation Lane Mt. Pleasant, South Carolina 29464 Richard G. Ellsworth was employed for many years in the purchasing function at the Akron complex, under the direction of the above individuals. It is our understanding that the person most knowledgeable in the shipping and receiving area was Bruce Xline. His address is 326 Xent Drive, Tallmedge, Ohio 44278. Pave IS .. . 17. Did Defendant use any machines (including but not limited to pot heaters, curing heaters and tire molds) et its Akron, Ohio Rubber Plants at SOO South Main Street, Akron, Ohio. If yes, Identify! a. Who supplied such machinery, (name and address) anc who manufactured such machinery tname and address), nether these machines contained aced; or used asbestos, whether such asbestos in such machines was repaired, changed, taken out, or replaced by Defendant, its employee, or anyone Defendant contracted with to perform such work: ANswISR: See Attachment #4 b. Were Defendant's employees working in areas where such work as indicated in (a) was being performed' and were these employees provided with masks or respirators. ANSWER b. The Company would have removed employees (rem areas where such machinery was being repaired, if the Company's Industrial Hygiene Department determined that the activity would create a health risk to employees. Obit Lb ATLICBMINT 04 a. As a major manufacturer of tires and rubber products, the Company obviously used a great deal of machinery at its Akron, Ohio complex. The machinery that has been identified and the manufacturer of such machines (where ]mown) are as follow,: Pot heaters Curing heaters Tire Molds Bead Machines Tire Machines (Goodrich, Akron Standard Bias Cutters (Rational Rubber Machinery, Spadone) FCDs Tire Painters Bagging Machines Tire Curing Presses (National Machinery, McNeil, Summit (pre-1960p Moat of these machines contained braking devices, which may at one time have used asbestos or asbestos-based products as an insulating material. Asbestos may also have been used as platen insulation and in 'heat shield' -type functions in certain of the machinery, such as tire curing presses. The Company does not recollect who repaired this machinery, or whether there was ever any need to repair or replace any parts of the machinery which may have contained asbestos or as asbestos containing product. 18. Did Defendant, Defendant's employees or anyone C Defendant contracted with saw, tear, cut, drill, divide, rip any asbestos products, either to replace, repair, or take out or tear out such products. If yea state: a. Names and addresses of all persons doing /doh work, and whether any airborn dist was crested a3 a result of such activity desorioed 41120V4; ANSWZR: a. To the extent that pipe insulation contained asbestos prior to 1970, Company employees in the maintenance department and outside contractors were involved in repairing or replacing that insulation when doing so was necessary. The Company has no present knowledge of which specific employees or contractors performed such activity. See also the answer to Interrogatory #19. b. Whether Defendant's employees in general and Plaintiff in particular worked in and around areal when such activity described above was taking places and whether Defendant'. employees were given masks, respirators, or other breathing devices.' ANSWER: b. TheCompany would have removed employees from areas when pipe insulation removal was occurring if the Company's Industrial Hygiene Department determined that the activity would create a health risk to employees. We have no present knowledge as to plaintiff's activity in this regard. Page 17 19. State Whether Defendant has abated or removed any_ asbestos products. Include names and addresses of company, corporation, or personts) who abated or removed such asbestos products, departments/areas in which asbestos was abated le removed, and whether Defendant has any samples, memorandum, reports or any other oral or written conmanioation regarding asbestos removal or abatement. ANSWER: In 1987, the Company substantially abated the entire Akron complex in preparation for its sale. The contractor used to accomplish this work was Echlin Corporation. Those written materials regarding the abatement progrim which are contained in the Company's files will be made available for inspection by the plaintiff. f r. 1/". (.1".-. 11.441., id 20. State whether or not Defendant has ever had in its possession any safety manuals providing for the safety Of workers as it relates to asbestos. Include; the exact identity of all manuals including dates, authors, and publishers, the location of these materials, whether these manual: were ever used in any safety procedures or policies, and whether you will tender without the need of subpoena or request of production of documents, copies of all such manuals. ANSWCRI Yea. In 1979, a safety manual of the Company was developed which contained information relating to asbestos. The manual' was prepared principally by and under the direction of Mr. Larry Brinkley, who vas the Director of Safety at the Akron complex at that time. (A copy of the pages of the manual which relate to asbestos Cr. enclosed as Exhibit 20. The Company will make the entire manual available without the need of a subpoena, but does not believe that any other sections of the manual are relevant to the issues at hand.) It vas prepared for the Company's Engineered PrOducts Division, but was used throughout the Akron complex. ij Page L9 21. Identify all or any floor plans or blue prints of any and all S.P. Goodrich plants in the Akron area. Includei the name(s), addresstes), and telephone number: s) of the custodians) of such plans, a complete identity of each floor plan or blue print, the location of such records, and whether you will make sucli records available to Plaintiff's counsel for coPYi0E without the need of subpoena duces tecum or request for production of documents. ANSWER: The Company has in its possession a partial drawing of the Akron complex. The:Company believes that certain floor plans and blueprints of the complex (many of which may be in microfiche form) are in the possession of The Uniroyal/Goodrich Tire Company, 600 S. Main St., Akron, Ohio 44339. Plgo z0 41. `N... Iron t I L-7' ad 4. 22. State whether Defendant has ever been inspected by'Ottio EPA or federal OSHA relative to airborn asbestos in the work environment in any of its. plants in Summit County. ANSWER: Yea 23. If the answer to Interrogatory 822 is affirmative: ANSWER: a) state the results of all tests since 1950. a. On March 18, 1980, the IPA conducted a compliance audit of the handling of asbestos in the Adhesives business. It dose not appear that any citations were issued against the Company arising out of that audit. ANSWER: See Attachment 05. b) state whether any state or federal agency or arm ever found Defendant to have impermissible quantities of airborn asbestos in the work environment of any of Defendant's Plants in Summit County. b. To the best of the Company's knowledge, no. ANSWER: c) If tne'answer to (e) above is affirmative identify the di:tots), reports) and contents of any citations, reports or other written documentation applicable. Page 21 AMMON= #3 . c. On March 19, 1986, 08EA inspected certain portions of the Akron complex and cited the Company for not properly collecting ceiling concentrations of asbestos fibers and samples from the breathing zones of employees in the area where bovdome stock was mixed, as required by federal regulations. No finding of excess airborne exposure was made. A copy of the citation issued in 1986 is attached as Exhibit 23-A. On October 3 and 6, 1982, OSHA conducted a full safety and health inspection of the entire complex. OSHA did request information about the handling of asbestos thing in the Adhesive department. The Company sent information to 08NA regarding this, which apparently satisfied the agency.  t State of Ohio )SS County of Summit ) VERIFICATION Richard N. Jacobson, being first duly sworn according to law, states that he is Senior Corporate Counsel of The B.F.Goodrich Company and, in that capacity, that the foregoing responses are true to the best of his knowledge and belief based upon information supplied to him by others upon whom he has reasonably relied. )? Richard N. Jac son Sworn to before me and subscribed in my presence this 17th day of November, 1989. NOTARY PUBLIC F. DANIEL BALMERt ATTORNEY AT LAW NOTARY PUBLIC . STATE OE OHIO LIFETIME commtssioN