Document 1g2k0RYE5GxQLn8VoL3o9pv2d

FILE NAME: Baldwin (BALD) DATE: 1999 Nov 23 DOC#: BALD003 DOCUMENT DESCRIPTION: Memo to John Roven and Assoc, from Barry Castleman with Index of Exhibit Docs & Descriptions John D. Roven M ichael L. Kaplan Jo e D . Wells JOHN ROVEN & ASSOCIATES, P.C. ATTORNEYS AT LAW 2190 North Loop West, Suite 410 Houston, Texas 77018 (713) 465-8522 Fax: (713) 465-3658 E-mail: jroven@ swbell.net November 23, 1999 Barry Castleman, M.D. 2412 Pickwick Road Baltimore, Maryland 21207 Re: Pennsylvania Documents Dear Barry: As requested, I am enclosing a set of the Pennsylvania Documents that I referred to on the telephone. Some of them are irrelevant, but attached I have given you some annotations concerning the documents as well as their tie in to the Baldwin Locomotive Works and their former division, the Standard Steel Works. As you can see, some of the context of these documents are missing. I am especially looking for the notes concerning the Seventh Annual Meeting o f the IHF in 1942. At this point, I know that the Standard Steel Works was a participant in the January, 1935 meeting that is the subject of a letter between Vandiver Brown and M.F. Judd, Secretary of Raybestos Manhattan. However, I cannot determine whether or not the Standard Steel Works even became an active member of the IHF thereafter. I have never seen their name on the IHF Rosters, but I thought that you might be able to check. The very interesting thing is that this man William Chestnut. He continues to show up in these documents in Pennsylvania. Chestnut, we can prove, was the company doctor for Baldwin back in the 1930's. He later became Secretary o f the entire Department o f Labor and Industry in Pennsylvania. His footprints are throughout these entire documents. Exhibit No. 730 is particularly fascinating and I am sending a copy of it, along with this letter to Steven Berger. This is another example of use of fiberglass as a substitute for the foreign locomotive manufacturing prior to 1952. Please call me after you have had an opportunity to review these documents. Sincerely, JOHN ROVEN & ASSOCIATES, P C. JDR/mt Enclosure Oohn/^W4>. John D. Roven MEMORANDUM TO: FROM: DATE: RE: John John N ovem ber 12, 1999 Review o f 700 sris documents The purpose o f this review is to see w hat is in the 700 series documents and to dictate a refined memo and to annotate the exhibits on the annotated exhibit list. Exhibit 700. This is from 1920 and probably has nothing o f any particular importance. There is no defendants list that I can see. Exhibit 701. This is a Bulletin o f Information from the Industrial B oard concerning second hand boilers. It shows that Baldwin was present at the meeting and not much else. Exhibit 702. This is a Bulletin o f Information regarding the Pennsylvania Boiler Code. Again, Baldwin was present at the meeting but not much else. Exhibit 703. This is another Industrial Board Bulletin concerning amendments to the B oiler Code. Again, Baldw in is present but there isn't a w hole lot in it. Exhibit 704. This is the Bulletin on a new code on industrial sanitation. Again, B aldw in is present but not much here. E xhibit 705 is another bulletin from 1921 but not m uch in it. Exhibit 706 is another bulletin from 1922 about the crane code. No attendees listed. Exhibit 707 is another industrial bulletin concerning amendments to the industrial sanitation code. Baldw in attended but there isn't m uch in it. Exhibit 708 is the same. Exhibit 709 is the same. Exhibit 710 is the same. Exhibit 711 is the proceedings o f the safety conference from 1924. Standard Steel W orks were present but I don't see anything about dust. Exhibit 712 is the state wide safety conference o f 1925. Baldw in again has a person present by the nam e o f George A. Grass(?) Again, there isn't anything about dust. Exhibit 713 is the state wide safety conference o f 1926. Baldwin has another representative present (in fact 3 representatives). Nothing about dust. Exhibit 714 is a 1928 Pennsylvania Safety Congress. There is an address by Leonard Greenberg o f the U.S. Public Health Service who talks about masks and respirators. Tow ard the end o f his discussion, there is a discussion o f anthrocosis, poisonous dusts causing need for respirators. Baldwin has two men present. George A. Glass and George E. Sims. Alco also has a man present named W.E. Turner. Exhibit 715 is a publication called Labor and Industry w hich appears to be a monthly publication o f the Department o f Labor and Industry in Pennsylvania. It contains the contents o f the Pennsylvania Safety Conference in 1931. I don't see anything about dust and B aldw in isn't there. Exhibit 716 is proceedings o f the Pennsylvania Safety Conference in 1932. The proceedings are not published and there is an article entitled "The Engineering Control o f O ccupational Illnesses by Plan Equipm ent and Operation by R ule C. Stratton o f Travelers Insurance Company. The discussion is about silicosis. Inhalation is discussed. There is a discussion called "Legislation for the Preventino o f Occupational Disease" by John Andrews who is the Secretary, American Association o f Labor Legislation who calls for legislation to prevent occupational diseases. There is also an address by the Governor. Exhibit 717 is a publication entitled "Labor and Industry in the Depression" w hich is a review o f the four-year period between 1931-1934 in Pennsylvania. Baldw in is present through the infamous W.H. Chestnutt who is on the special committee o f steel executives for the development o f safety programs. There is a reference to a special bulletin in the back which is exhibit 718. A special bulletin on asbetosis is already on our exhibit list as 2036. The annotation needs to be done for that referring back to exhibit 717. Exhibit 718 is a review o f the 1937 w orker's compensation amendments and the occupational disease compensation act which made asbestosis compensible. Exhibit 719 is the Biennium Report o f the Department o f Labor and Industry. Baldwin Locomotive Works are listed as "self insurers" who have not rejected the new w orkm an's compensation act o f 1937. Standard Steel W orks is also listed and there is an exhibit which is a description and outline o f a short training course for state factory inspectors on the fundamentals o f safety and health in industry. On page 172 it indicates that they visited the standard steel company in Lewistown, PA. Appendix A is the State Factory Inspectors Training Course and industrial dusts are covered on apge 171. Exhibit 720 is the Safe Practice Bulletin No. 24 for Occupational Disease Prevention called "Problems in D ust Determinations" by Dr. H. Landsberg o f Penn State. The Article is written in 1940. On page 5 it states "it becomes also more and more obvious that the free silica is not the only dangerous compound if dispersed in air. Asbestos, o f course, is another but even sericite that is abundantly present in rocks and is m ost likely another hazardous component. Exhibit 721 is the Proceedings o f the Pennsylvania Industrial Safety Conference in 1940. I don't see anything in here. Exhibit 722 is the Safe Practice Bulletin No. 69 o f Occupational Disease Prevention. There is an Article entitled Good Housekeeping in a Steel Foundry" with an emphasis on dust. The author o f this article Mr. J.E. Turner who is Director o f Safety and Personnel at the General Steel Castings Corp. in Eddystone." The photograph states "although the normal production o f this plant may generally be classed as cast steel railway devices (for example a one piece locomotive underframe, which is a combination o f the locomotive side frame trailer frame steam and valve cylinders, as w ell as the locomotive saddle and pivot beam) today this normal production is somewhat altered with the result that 75% o f the output o f this plant is Steel Castings for defense work. Obviously, this was a supplier o f Baldwins. M ost o f the Article deals with tripping and stumbling hazards, but there is another photograph o f locomotive wheels and discussion o f dust on page 4. It states as follows "W hen there are re-occurring dust conditions consideration should first be given to the installation o f dust collecting equipment to control or collect as much o f the dust at the point o f original as possible. It also says that today "vacuum cleaning equipm ent" is recognized as the accepted and practical method o f maintaining a clean plant. It states that "dust that may create a health hazard or be an explosive hazard should be eliminated for the benefit o f plant conditions. On page 7, it says "in general good housekeeping is a necessity if dust is to be kept down. . Exhibit 723 is the Seventh Annual Meeting o f Members o f the Industrial Hygiene Foudnation o f America in 1942. Members include GM, Dresser Manufacturing. Dr. W eedline who is Director o f the Mellon Institute speaks and talks about the symptoms o f pneumoconiosis. Its like his article isn't complete and I need to tell Thai to get it. There is another discussion o f occupational dermatosis in the W ar Industries on page 37. The question is on the floor from Mr. Chestnut, who, by that time, at that point was the "compensation administrator for the State o f Pennsylvania." This is involved in a discussion concering what the foundation plant surverys are disclosing. Exhibit 724 is Safe Practice Bulletin No. 88. "Exhausting Asbestos Fiber and Dust in W ire Insulation M anufacture." This article was published in April, 1942. At that time, W illiam H. Chestnut w as the Director o f the W orkm an's Com pensation Bureau. The Article is very interesting because is states that "high grade asbestos, o f long staple and free from iron content, is used in wire manufacture intended for electrical insulation." It states that this asbestos by-product if allowed to escape in to the w ork room "would soon float into the far boundries o f the plant and hang like Spanish moss even from the rafters." "Asbestos has a decided abrasive action and its presence is not beneficial for the long life o f plant equipment with which it comes in contact." The rest o f the A rticle talks about GE's fire works at York, Pennsylvania. GE uses a Pangbom D ust Collector. Assistant to the manager o f the GE York W orks indicates that the employees are receiving re-examination periodically for all employees. There are illustrations o f dust collector. On page 3 it states "if permitted to fly in the w ork room, the fibers adhere to practically all rough surfaces and projections, settle on operating equipment, floors, beams, etc., and cause in a short time an unsightly appearance. The abrasive action o f the asbestos on rotating members, bearings, gears, cams is also extremely violent...the installation o f adequate ventilating equipment and control measures at York has effectively eliminated these conditions as well as any semblance o f health hazard. On page 5, the health routine is listed. It states in b rief this program to protect the health and safety o f employees develops the following practices: 1). A thorough physical examination and preemployment history a prerequisite to initial employment; 2 ). A distribution o f G.E. Co. Booklets on general safety requirements requiring employees signatures. 3). A distribution o f booklets on rules and precautions o f safety and health applying specifically to the York Works. 4 ). Distribution and furnishing o f following materials: a). Clothing, Coveralls, Underwear, caps, gloves b). Towels, soap, protective cream c). Lockers, 1 for street clothes -1 for work clothes d). Shower baths -1 5 minutes allowed in work schedule e). Trained nurse - routine inspection and first aid f). Lunch room facilities Exhibit 725 are the proceedings o f the Pennsylvania Industrial Safety Conference, Harrisburg, 1942. I see nothing o f significance. E xhibit 726 is the proceedings o f the President's Conference on Industrial Safety, 1952. General M otors is present. W.V. Bruton who is Director o f Training for B aldw in Lima Hamilton Corp. is also present. No proceedings are included. \ Exhibit 727 is the proceedings o f the Pennsylvania Industrial Safety Conference, May, 1952. Baldwin has three people present. W.V. Bruton, J.T. Cappio and John Richard Foley. The contents don't seem to indicate that there is any discussions about dust. Exhibit 728 is the proceedings o f the Pennsylvania Industrial Safety Conference, Septem ber, 1953. Silicosis is discussed on page 3. This is a caucus o f the foundry section. There is an extensive discussion concerning the control o f dust and ventilation. J.T. Cappio is there for Baldw in Lima Hamilton on page 202. James R. Cunningham o f General Steel Castings is also present. A.V. Harbst o f the Standard Steel W orks and Baldwin Lima Hamilton is also there. Exhibit 729 is a report no. 17 from 1952 entitled "Practical Discussion for the M idget hnpinger for Dust Sampling." William H. Chestnut o f course if the Secretary o f the Department o f Labor and Industry. An address is made by John B. Littlefield o f the M ine Safety Appliances Company in Pittsburgh. Basically, this is about dust sampling techniques. Exhibit 730 is Safe Practice Bulletin No. 2 concerning `Insulation in Streamline Tram s." This is from 1952 and it is a beauty. It is written by the M edical Director o f the Bud Manufacturing Company and talks about the wonderful nature o f fiberglass. It states as follows: When the railroads embarked on a program o f modernizing their equipment, the Budd Company s method o f streamlining and lessening the weight were the principal parts o f that program...Realizing that railroads were hauling enormous dead loads, the Budd Company applied the principle o f light weight and staunch construction... One o f the designer's original problem s was that o f insulation. H e then says that fiberglass is a product o f Owens-Coming and on page 3 he says "this material is the base for numerous products, a partial listing o f which would include rail car and bus insulation, locomotive cab and boiler insulation, pipe covering and blocks, insulation for domestic refrigerators and ranges, etc. On page 4 he states that there is no evidence o f any pneumoconiosis. On page 5 he says "m y information is that in railroad insulation blankets the diameter o f fiberglass fibers are on the safe side." In conclusion, he states "fiberglass provides the qualities generally sought as an insulation product in streamline train and in addition has proven safe for handling purposes by our workmen." Exhibit 731 is a letter from Dr. Lanza to Dr. Armstrong o f M etropolitan Life. Lanza discusses the symposium on dust problems which was held on January 15,1935. This meeting became the genesis for the establishment o f the industrial hygiene foundation. Lanza discusses the meeting and indicates that there were numerous discussions concerning dust diseases including asbestosis. It shows that more than 250 representatives o f 85 industries were present. Attached is a list o f attendees. The very last name on the list is Mr. Roy Yoder o f the Standard Steel W orks in Burnham, Miflin County, Pennsylvania. He can prove that the Standard Steel Works was a division of the B aldw in Locomotive W orks as proven by M oody's Industrial Reports from the year 1940 as well as the annual reports o f Baldwin from that time period. This exhibit indicates that various representatives were set up from 7 different industrial groups to study dust control hazards and medical aspects o f dust problems. Vandiver Brown also attended this meeting on behalf o f Johns-Manville as reflected in Exhibit 732. The reference to this meeting is found in Barry Castlem an's book in the Fourth Edition. Exhibit 732 is a letter from Vandiver Brown o f JM to M.F. Judd, Secretary o f Raybestos Manhattan. This is an exhibit to the deposition o f Simpson. Exhibit 732 is a memo to Raybestos M anhattan concerning a meeting o f January 15,1935. Brown discusses the fact that diverse industries got together to discuss dust problems, the problem s o f ambulance chasing lawyers, the need for uniform w orkm an's comp legislation to avoid juries. At this point, we do not know whether the Standard Steel Works joined the Industrial Hygiene Foundation in the 1935. M y recollection is that they did not. ***I need to look through all exhibits following no. 2063 to see if they need an annotation on the Baldwin exhibit list which has not been updated since 6-22-99.