Document 3Qbxy34vX9erK6NBd4eKnx40D

FILE NAME: General Cable (GC) DATE: 2010 Dec 9 DOC#: GC011 DOCUMENT DESCRIPTION: Legal - Declaration of Barry Castleman 1 WILLIAM LEVIN, ESQ. (SBN 134637) ANNA MARIA COSTA, ESQ. (SBN 203741) 2 LEVIN SIMES KAISER & GORNICK, LLP 44 Montgomery Street, 36th Floor 3 San Francisco, CA 94104 Telephone: (415) 646-7160 4 Facsimile: (415) 981-1270 5 Attorneys for Plaintiffs 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 7 (UNLIMITED JURISDICTION) 8 LYNN R. BARANCO, individually and on ) Case No. CGC 08 274960 9 Behalf of the Estate of ALVINA ) BARANCO, Decedent; LISA SMITH; ) DECLARATION OF BARRY 10 LESLIE MARTIN; LYNN BARANCO ) CASTLEMAN IN SUPPORT OF BIBB, 11 12 Plaintiff, ) PLAINTIFFS' OPPOSITION TO ) DEFENDANT GENERAL CABLE ) CORPORATION'S MOTION FOR ) SUMMARY JUDGMENT OR, IN THE 13 )) AALDTJUEDRINCAATTIIVOEN, SUMMARY vs. ) 14 ) ) Date: December 9, 2010 15 A.W. CHESTERTON COMPANY, et al. ) Time: 9:30 a.m. ) Department: 220 16 Defendants. ) Judge: Hon. Harold E. Kahn 17 ) Complaint Filed: December 4, 2008 ) Trial Date: January 10, 2011 18 ____________________________________________________) 19 1. My name is Barry I. Castleman. I received a Bachelor's Degree in Chemical 20 Engineering from Johns Hopkins University 1968. I have a Master's Degree in Environmental 21 Engineering, which was mainly in areas related to air pollution control from Johns Hopkins University, 22 1972. I have a Doctor of Science Degree in Health Policy from Johns Hopkins School of Hygiene and 23 Public Health, 1985. 24 2. My professional experience goes back over 30 years in the area of asbestos and other occupational and environmental health problems. My field is occupational and environmental health 25 policy, which is a branch of Public Health, mainly oriented towards the recognition of risk factors and 26 the prevention of disease from industrial activities. 27 3. My Doctoral degree was awarded for two years of course work, various examinations, 28 and the writing of a doctoral dissertation. The course work was mainly in the areas of toxicology, General Cable MSJ Opp Dec of Barry Castleman 111510[1].DOC DECLARATION OF BARRY CASTLEMAN IN SUPPORT of pla in tiffs' opposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT epidemiology, biostatistics, physiology, and public health policy. These are the tools that are used to 1 understand how the body works and can be damaged by toxic substances, how these effects can be 2 identified by means of various studies of people, studies of animals experimentally exposed. Attached 3 hereto is a copy of my Curriculum Vitae. 4 4. My Doctoral thesis was, Asbestos: An Historical Case Study of Corporate Response to 5 an Industrial Health Hazard, and is largely identical to a book published in 1984 by Prentice Hall Law 6 and Business called Asbestos: Medical and Legal Aspects (now in its 5 Edition, 2004). My doctoral 7 thesis is an historical review of the asbestos problem as a public health problem in society worldwide, 8 but mainly in the United States. It encompasses a comprehensive review of medical literature of all 9 kinds, as well as other literature available in libraries and published sources such as government 10 publications, safety magazines, engineering journals, trade magazines, insurance publications, encyclopedias, popular magazines, and newspapers. The doctoral thesis also involved research based 11 on unpublished government records. The government records included workers' compensation claims 12 files where claims had been made by individuals alleging that they had asbestos-related diseases of the 13 lungs, claims against various companies that were their employers, some of which companies were also 14 manufacturers of asbestos insulation products these individuals has used in the course of their work. 15 5. In addition to published information of all kinds, I examined files, unpublished 16 information available from the U.S. government archives, the archives of scientists and the archives of 17 institutions that had worked for and with asbestos companies. 18 6. I have also looked at unpublished information which was obtained in legal discovery. 19 This included trade association minutes, corporate documents, and testimony of corporate officials who were associated with asbestos hazards over the years - doctors, plant managers, executives, and other 20 people who were aware of events that transpired. 21 7. In addition to published information and corporate knowledge that came primarily out of 22 legal discovery, I have also interviewed numerous current and former leading officials in the field of 23 industrial medicine and hygiene. They included physicians who were active in the field of occupational 24 medicine, such as Harold Stewart, M.D., who first published on asbestosis in 1931, and Alfred Angrist, 25 M.D., who first published on asbestos and lung cancer in 1942. Another, Dr. Wilhelm Hueper, was a 26 leading United States authority in the field of occupational cancer and first director of the 27 environmental cancer section of the National Cancer Institute. Dr. Harriet Hardy, Dr. Thomas 28 General Cable MSJ Opp Dec o f Barry Castleman 111510[1].DOC -2 - d e c l a r a t io n OF b a r r y Ca s t l e m a n in s u p p o r t of pla intiffs' opposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT Mancuso, Dr. Gerrit Schepers, and others I interviewed were involved in the area of asbestos and health 1 over the past decades. 2 8. I have provided testimony to United States congressional committees concerning the 3 hazards of asbestos and other toxic substances. I have also testified before United States congressional 4 committees regarding the development of asbestos knowledge. I have been a paid consultant to the 5 Office of Toxic Substances of the United States Environmental Protection Agency and have performed 6 research on environmental asbestos hazards. I have performed consulting work for the United States 7 Occupational Safety and Health Administration. In my research, I have reviewed thousands of 8 publications and documents pertaining to asbestos-related disease and have interpreted and related the 9 contents of the same. I have acted as consultant for The National Science Foundation, the European Commission, the Environmental Defense Fund, and the Natural Resources Defense Council. 10 9. I have testified as an expert witness in over two hundred cases throughout the nation on 11 issues related to the knowledge of dangers of asbestos by the medical, scientific and industrial hygiene 12 community. I have been asked to provide my expert opinion as to General Cable Corporation knew or 13 should have known by the year 1952. 14 10. General Cable Corporation is a wire and cable manufacturer incorporated in 1927. General 15 Cable Corporation manufactured asbestos insulated cables up to approximately 1975. In the 1940's 16 and 1950's General Cable Corporation had manufacturing plants in Maryland, New Jersey, New York, 17 California, Tennessee, Illinois, Rhode Island, Missouri and Florida. General Cable Corporation also 18 had sales offices throughout the United States including Pennsylvania, Texas, Oregon, Washington and 19 North Carolina. During 1933 to 1975 or before, General Cable Corporation employed at least five physicians. 20 11. General Cable Corporation has been a member of the National Safety Council since 1947 or 21 1948. National Safety News, the main periodical of the National Safety Council since 1919, ran a 22 number of articles dealing with asbestos dust hazards. The National Safety Council also held annual 23 congresses and the published "transactions" of these meetings were automatically mailed to the 24 industrial members of the Council. Asbestos dust and dust allaying methods was the subject of 25 discussions, meetings and publications of the National Safety Council in the 1930's and 1940's. 26 THE BODY OF KNOWLEDGE ABOUT ASBESTOS 27 12. The originally published reports in the era of the modem asbestos industry came at just 28 before the turn of the last century, and the first reports in the English language were included in the General Cable MSJ Opp Dec o f Barry Castleman 111510flj.DOC -3- DECLARATION OF BARRY CASTLEMAN IN SUPPORT of pla intiffs' opposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT annual reports of the chief inspector of factories and workshops in Great Britain. The report published 1 in 1899, the report for the year 1898, talked about the observation of lung disease in individuals who 2 had worked in asbestos manufacturing plants and about the "evil effects of asbestos dust." 3 13. The medical literature of asbestos disease mainly developed after the publication of a case 4 report in the British Medical Journal by Dr. Cooke, a pathologist in Britain in 1924. This was called, 5 "Fibrosis of the Lungs Due to the Inhalation of Asbestos Dust." Dr. Cooke reported on the death of a 6 33-year-old woman who had worked off and on in asbestos plants from the age of 13. According to 7 Cooke, the scarring of her lung tissues was largely attributable to the inhalation of asbestos in the 8 course of her work. There followed a number of other reports in British sources, and this is reflected as 9 well in the United States in editorials of the Journal of the American Medical Association, In one on January 14,1928, called "Pulmonary Asbestosis," reference is made to Cooke's case and other reports 10 on the disease now called asbestosis. The Journal of the American Medical Association recommended 11 that further attention be paid to this disease, as it may well be occurring in the United States. The 12 Journal of the American Medical Association issued another editorial in 1930 about asbestosis, this 13 time noting the asbestosis had become a compensable occupational disease in Great Britain under the 14 workers' compensation law. The Journal of the American Medical Association was believed to have 15 been read by 80 percent of American physicians in those years, medical historians have written. 16 Additionally, there were additional reports of asbestosis published in the British Medical Journal. 17 which is in every medical library I have ever walked into. The reports mainly involved deaths of 18 individuals who were verified as having asbestosis by autopsy. 19 14. In 1930, a report was published by a physician, Dr. E.R.A. Merewether, and an engineer named C. W. Price. Merewether and Price reported a survey that had been conducted by the Factory 20 Inspectorate in England, including 363 asbestos workers who were actively employed. Of these 21 individuals, 26 percent were found to have asbestosis. Merewether and Price reported that the people 22 longest exposed had the highest prevalence of the disease: 80 percent in workers with 20 years or more 23 in the industry. There were no cases of asbestosis in individuals with less than five years, and 24 Merewether referred to that phenomenon that the disease was delayed in appearance and developed 25 gradually over a period of years. It could in seven years be substantially developed in the most severe 26 cases, but more often 11 years or more would elapse before the disease had become largely developed 27 in exposed individuals. This is the time from the onset of exposure. Merewether urged that workers be 28 "educated to a sane appreciation of the risk" to health posed by asbestos dust. Merewether's 1930 General Cable MSJ Opp Dec of Barry Castleman 111510[1].DOC ^ DECLARATION OF BARRY CASTLEMAN IN SUPPORT of pla in tiffs' o pposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT writings on asbestosis are among those most often cited in the literature on asbestosis. 1 15. By 1932 there were 60 or more publications in print on asbestosis. These were noted by 2 way of reference in a bibliography published by the International Labor Organization in 1932. These 3 publications continued to emerge from many countries. The first cases of asbestosis in the United 4 States were reported in 1930. Asbestosis was also described in an article in the trade magazine 5 Asbestos in the United States in the March 1930 issue, amid numerous advertisements from asbestos 6 mining and manufacturing companies. 7 16. In 1932, the first case of asbestosis in an asbestos product user was reported at a 8 conference held by the Industrial Commission of Wisconsin, which published their proceedings. Here, 9 Dr. Albert Russell of the United States Bureau of Mines described an individual who had worked 10 maintaining the insulations on pipes in a government hospital and had been diagnosed as having asbestosis and had been compensated by the government for disability sustained from this asbestos 11 condition. This is the first published product user case. There were other cases reported in the United 12 States in 1933 by Philip Ellman and also reported by Ellman in 1934 in The British Journal of 13 Radiology. Wood and Gloyne reported in 1934 reported on cases of asbestosis including a boiler 14 riveter who would have been exposed to asbestos because it was used as an insulation material on 15 boilers. Wood & Gloyne's report was called "Pulmonary Asbestosis: A Review of 100 Cases." That 16 was published in The Lancet, the world's oldest medical journal, in 1934. The Lancet is, like the 17 British Medical Journal, a general medical journal published in England and available very widely in 18 medical libraries in the English-speaking world. This article was widely cited in subsequent literature. 19 Of the hundred cases of asbestosis they reported on, the shortest duration of exposure in any case was six months, in the case of two women who had worked in an asbestos plant. 20 17. Literature on asbestosis was substantially developed by 1935. The disease was shown to 21 have a distinctive pathological appearance with asbestos bodies, types of scarring that would form 22 around the asbestos fibers trapped in the lung tissues. This was commented upon a great deal by 23 pathologists in the 1920s. The disease was shown to have an identifiable radiological appearance on 24 chest X-ray distinctly different from such diseases as TB and silicosis. The disease was also 25 characterized by shortness of breath, which would become more pronounced as the individual became 26 more seriously affected by the disease. 27 18. In 1934 and 1935, the Industrial Hygiene Section of the Pennsylvania Department of Labor 28 General Cable MSJ Opp Dec of Barry Castleman 111510[1].DOC -5- DECLARATION OF BARRY CASTLEMAN IN SUPPORT of pla in tiffs' o ppo sitio n to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT and Industry published a report on asbestosis in the asbestos fabricating industry in the state. This 1 article was called Asbestosis. published by William B. Fulton and three of his coworkers at the 2 Pennsylvania Department of Labor and Industry. 3 19. One-fourth of the workers examined had asbestosis. Their article included an impressive 4 bibliography of 125 references to asbestos-related disease previously published in journals in the 5 United States, England, France, Italy, Germany and other countries. Among the references cited by 6 Fulton, Dooley et. al., were the historic 1930 report by Merewether and Price for the British 7 government and the version published later that year in the US in the Journal of Industrial Hygiene. 8 The Merewether reports made recommendations for the control of asbestos dust in asbestos plants, 9 recommended periodic medical examinations of workers exposed to this dust and dust suppression measures in processes involving the use of asbestos, and noted the hazards of asbestos insulation work 10 in shipyards. The Pennsylvania study was one of the first surveys of this kind in the United States 11 similar to that which had been done by Merewether and Price and published in Great Britain and the 12 United States separately in 1930. 13 20. The Pennsylvania study also included an effort to relate dose and response. The authors 14 had sampled the exposure of the workers to dust in four asbestos plants, including one that produced 15 asbestos containing insulation known as 85 percent magnesia, and found that, overall, average 16 concentrations of dust could be broken down into three groups that varied from 4.64 million particles 17 per cubic foot up to 44 million. Asbestosis was reported in all three groups, with the prevalence and 18 severity of disease greater in the more heavily exposed groups. But no level of exposure was found to be free of the disease, including levels below 5 million particles per cubic foot. In summary, in the 19 Pennsylvania study at least 25 percent of the workers were diagnosed as having asbestosis and levels of 20 exposure even below 5 million particles per cubic foot were found to cause asbestosis. 21 21. In 1938, a study similar to the Pennsylvania study was done by the Public Health Service, 22 Washington D.C. entitled A Study o fAsbestosis in the Asbestos Textile Industry. The study included 23 plants where asbestos yarn and unfinished woven asbestos tape were woven into finished goods. The 24 study looked at carding machines where asbestos and cotton mixture revolves on rollers at a high 25 speed, resulting in asbestos fibers blown into the air. The study noted that the carding operation of 26 asbestos and cotton was used to make electrical insulation. The study also looked at the braiding of 27 asbestos cotton mixture such as the winding, twisting and spooling of the asbestos cotton mixture with 28 brass, zinc or cotton wire. An estimated asbestosis rate in the workplace was given as 27.5 percent. General Cable MSJ Opp Dec of Barry Castleman 111510[1].DOC r^ 1 DECLARATION OF BARRY CASTLEMAN IN SUPPORT of pla in tiffs' o pposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT The report recommended that dust exposure in asbestos plants be limited to 5 million particles per 1 cubic foot. This guideline was recommended as a tentative occupational exposure limit, though it was 2 noted that the Pennsylvania study had found cases of asbestosis at that level of exposure. 3 22. In 1935, another aspect of the hazards of asbestos was identified with the publication of 4 medical case reports of asbestosis in combination with lung cancer. The first such reports were 5 published by Lynch and Smith in the United States in 1935 in the American Journal of Cancer and by 6 Dr. Gloyne in Great Britain in Tubercle in two separate reports in 1935 and 1936. In these reports, the 7 question was raised that chronic irritation of the lung tissues from asbestos might be producing cancer 8 as well as lung scarring already well identified as an asbestos-related phenomenon. 9 23. There were additional reports of lung cancer in combination with asbestosis reported by 10 Egbert and Geiger at Yale in 1936, and Nordmann in 1938. An abstract of this last publication appeared in the United States in the Journal of Industrial Hygiene & Toxicology, also in 1938. The 11 article was entitled "The Occupational Cancer of Asbestos Workers." The German author, Nordmann 12 concluded that asbestosis was definitely related to lung cancer, that lung cancer was in fact an 13 occupational disease of asbestos workers. Various features of the six cases Nordmann knew of were 14 tabulated to justify that. Nordmann noted, among other things, that the prevalence of lung cancer 15 among autopsied victims of asbestosis was one in six both in Germany and Great Britain. This was 16 very much higher that the prevalence of lung cancer in the general population, which tended to be more 17 like 1 percent or several percent at most. The high rate of lung cancer among people dying with 18 asbestosis would be a most consistent finding around the world. 19 24. There were additional publications of cases of lung cancer and asbestosis in 1939 in the United States and in 1941 and 1942 in Germany. Holleb and Angrist reported in the American Journal 20 of Pathology on two individuals who had been pipe coverers (users of asbestos products) diagnosed at 21 autopsy as having both asbestosis and lung cancer. These were the first cases of cancer and asbestosis 22 in users of asbestos products published in the medical literature. Holleb and Angrist tabulated a total of 23 10 cases of lung cancer in combination with asbestosis that had been published in the United States, 24 Britain, and Germany. 25 25. Articles linking asbestos and cancer appeared in the Archives o fIndustrial Hygiene and 26 Occupational Medicine in the early 1950s. The March, 1952 edition of this journal contains and 27 article by Dr. Wilhelm Hueper entitled "Occupational Cancer Hazards in American Industries." In the 28 General Cable MSJ Opp Dec o f Barry Castleman 111510[ 1].DOC - 7- DECLARATION OF BARRY CASTLEMAN IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEF. GENERAL CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT article, Dr. Hueper discusses the excessive incidence of lung cancer associated with asbestosis in a 1 series of 235 documented cases of asbestosis. 2 26. Dr. Wilhelm Hueper is an important figure in the history of the knowledge of occupational 3 cancer and in the development of the knowledge of asbestos hazards. In 1942, Dr. Hueper published a 4 book on occupational cancer called Occupational Tumors and Allied Diseases. It included a lengthy 5 section on asbestosis and cancer from asbestos, in which a large number of references from the United 6 States, Great Britain and Germany were cited in support of the view that asbestos most likely did cause 7 occupational cancer. It also pointed to the fact that occupational contact with asbestos is present in 8 many industries using asbestos products, including in the manufacture of asbestos wires. 9 27. Dr. Hueper made unequivocal statements the next year in the article called: "Cancer in its Relation to Occupational and Environment" published in the Bulletin of the American Society for the 10 Control of Cancer. There, Hueper said that "asbestosis cancer of the lung" as he called it then, was the 11 newest proved occupational cancer of the lung, to be listed with the ones that were already known at 12 that time. In the Journal of the American Medical Association (JAMA), there appeared an editorial 13 called "Environmental Cancer" in 1944, in which asbestos was listed among agents known and 14 suspected of causing occupational cancer. 15 28. In 1946, Dr. Hueper also published an article in the Journal of the American Medical 16 Association (JAMA) discussing asbestos and other cancer causing substances that were used in 17 industry. In 1944 and 1949, at the invitation of the editors of JAMA, Dr. Hueper wrote editorials for 18 JAMA that discussed asbestos as a cause of lung cancer. Beginning in 1948, Dr. Hueper became Chief 19 of the Environmental Cancer Section of the National Cancer Institute ("NCI"). 29. Dr. Hueper's writings were widely known. For example, in an interview with Newsweek 20 Magazine in 1950, Dr. Hueper stated that the rising rates of lung cancer in urban dwellers in this 21 country could be attributable to the air pollution of industrial carcinogens such as asbestos. Dr. Hueper 22 retired in 1964. In my opinion, during his tenure at the NCI, Dr. Hueper was the federal government's 23 leading official concerned with environmental cancer. Indeed, it is my opinion that he was considered 24 by many to be the world's foremost authority on environmental cancer in the 1940s, 50s, and 60s. 25 30. In sum, it is my opinion that the medical and scientific literature established a definite 26 connection between asbestos exposure and the development of lung cancer in the 1940s. 27 31. In 1949, the Journal of American Medical Association (JAMA) published an editorial 28 General Cable MSJ Opp Dec o f Barry Castleman 111510[1].DOC -8"- DECLARATION OF BARRY CASTLEMAN IN SUPPORT of pla in tiffs' opposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT solely on asbestosis and lung cancer that was unsigned but authored by Dr. Hueper. The original 1 JAMA editorial from 1949 discussed the dangerous propensities of asbestos for "asbestos consuming 2 industries." An abstract of this article stated the following: "Records of English, American and 3 German physicians and the Annual Report of the Chief Inspector of Factories in England for 1947 4 show that the occurrence of cancer of the lung is related to pulmonary asbestosis. This relation is 5 supported by the following observations: (1) the incidence rate of cancer of the lungs in asbestosis 6 patients is 10 to 15 times as high as among the general population. (2) the male-female ratio is more 7 nearly equal than it is for the general populations, which indicates that and environmental and evidently 8 occupational carcinogen tended to equalize the incidence rate of cancer of the lungs for both sexes. 9 Recent experimental observations support this interpretation of the clinical evidence." 32. In 1951, an article entitled "Asbestosis Associated with Bronchiogenic Carcinoma" from 10 the Archives of Internal Medicine was published. The abstract provided that "Investigators have found 11 carcinoma in 7.5 to 14.8 percent of cases of asbestosis... the opinion is suggested that the silicate in 12 asbestos must itself be carcinogenic. It establishes an additional reason for preventive measures in the 13 use of asbestos." 14 33. In April 1955, R. Doll published an article in the British Journal o fIndustrial Medicine 15 entitled the "Mortality from Lung Cancer in Asbestos Workers." This study reported that among 18 16 asbestos textile workers out of a cohort of 105 asbestos textile workers, 18 died from lung cancer. Of 17 those 18, 15 of the workers had underlying asbestosis. In an editorial published shortly after DolTs 18 study was published, the prestigious British medical journal the Lancet editorialized that DolTs study 19 confirmed that lung cancer is an occupational hazard of workers regularly working with asbestos. 34. The disease mesothelioma of the pleura was attributed to exposure to asbestos or asbestosis 20 starting in 1943 with the report of Dr. H.W. Wedler in Heidelberg. Between 1943 and 1960, there were 21 additional reports in the German literature as well as British literature. The case reports that appeared 22 prior to 1960 are annotated and cited by way of reference in Chapter 2, table 5 of my book. Dr. Wedler 23 was the first to state that he believed the pleural cancers were occupational cancers, and his work was 24 prominently cited in the United States in the 1940s. Other German pathologists starting with Leicher in 25 1954 would identify peritoneal mesothelioma as an asbestos disease. 26 35. A major report of pleural mesothelioma came from South Africa by Wagner and his 27 coworkers, published in the British Journal o fIndustrial Medicine in 1960. Within a very short time it 28 was widely accepted that asbestos did cause mesothelioma and that levels of asbestos exposure present General Cable MSJ Opp Dec of Barry Castleman 111510[ 1].DOC DECLARATION OF BARRY CASTLEMAN IN SUPPORT of pla in tiffs' o pposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY IUDGMENT from environmental exposure as well as occupational exposure were sufficient to cause mesothelioma. 1 HOUSEHOLD CONTACT ASBESTOS EXPOSURE AND DISEASE 2 36. In 1897, the first physician in modem times to write about lung disease in asbestos workers 3 also commented on ill health among the workers' family members. The families of asbestos-exposed 4 workers in the 20th century were exposed to asbestos brought home on the clothes, shoes, hair, tool 5 boxes, lunch boxes, and automobiles of the workers. 6 37. A report to Congress prepared pursuant to the Workers' Family Protection Act, discussed 7 early reports of home contamination by toxic substances including studies published in 1860 and 1896 8 as well as other reports of potential hazards to the families of workers between 1905 and 1936. See 9 National Institute for Occupational Safety and Health Report to Congress on Workers 'Home Contamination Study Conducted Under the Workers 'Family Protection Act (10 U.S.C. 671a), 10 preface (Sept. 1995) 11 38. In 1913, the text, Safety, by W.H. Tolman and L. B. Kendall (p. 249) emphasized the 12 importance of having workers remove work clothes before leaving a factory where toxic materials are 13 handled, so the poisons would not be carried "into the homes of workers." 14 39. It has long been internationally recognized good practice to provide washing 15 accommodations and cloakroom separated from process areas in industries with dust hazards. 16 American specialists in industrial medicine, writing in 1924, advised that street clothes not be worn at 17 work, and added that provisions for changing clothes and washing were needed in all dusty profession. 18 See Kober, G.M. and E.R. Hayhurst, Industrial Health, Philadelphia: P. Blackison's Son, 1924, p. 24. 19 40. On December 14, 1933 an Industrial Hygienist employed by General Electric Company, named Dr. Alice Hamilton informed General Electric that she was concerned about the hazards of 20 asbestos in plants where asbestos insulated cables were manufactured. Between 1933 to 1934 Dr. 21 Hamilton and General Electric exchanged letters on the asbestos hazards at four General Electric plants 22 where asbestos was used in such applications as wire insulation. Dr. Hamilton suggested making dust 23 counts at the plants where asbestos insulated cable was manufactured. The study revealed "a fairly 24 serious condition as regards asbestos dust in the Insulating Department where asbestos roving in lap 25 form is done". Dr. Hamilton advised a completely enclosed apparatus to prevent the release of dust 26 being blown about and accumulating on surfaces. 27 41. As early as 1936, the California Department of Industrial Relations issued Safety Orders 28 General Cable MSJ Opp Dec of Bariy Castleman 111510[1].DOC - 10 - DECLARATION OF BARRY CASTLEMAN IN SUPPORT of pla in tiffs' opposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT applicable to every place of employment where a work or process is carried on by which asbestos dusts 1 are produced or generated, or exist independently of the work or process (See Department of Industrial 2 Relations of the State of California; Dust, Fumes, Vapor and Gases Safety Orders effective December 3 28,1936 and revised in November 22,1930 and July 20,1945.) The California Safety Orders 4 required, businesses such as General Cable Corporation in Emeryville, CA to provide safety 5 precautions, e.g. ventilation, protective equipment, dust allaying media, a change room, shower and 6 baths having hot and cold running water. Additionally exhaust systems were to be utilized even after 7 the work producing the dust ceased. 8 "Since dust..., according to the best medical opinion, of microscopic size tending to remain for hours in suspension in still air, it is essential that the exhaust system be continued in operation 9 for a time after the work, process or equipment served by the same shall have ceased, in order to 10 insure the removal of the harmful elements to the required extent." 11 42. Asbestos insulation was not the first insulation product to be definitely associated with 12 illness in the households of workers handling it. Workers handling chlorinated wax compounds used to 13 insulate wire became the subject of controversy when on worker died in 1936 and two young children 14 of workers were affected. "Cable rash" or "Halo wax acne" was reported during World War II among 15 electricians handling electrical cables and some of their wives who had contact with the men's work 16 clothes and laundered them. 43. The Germans, in their 1940 industrial hygiene guidelines for asbestos plants, established the 17 practice that, "outdoor clothes were not to be kept in workrooms and work clothes had to be cleaned at 18 regular intervals." 19 44. In April, 1942, General Electric, a manufacturer of asbestos insulated cable, provided 20 coveralls, underwear, caps and gloves as outlined in an effort to prevent occupational disease due to 21 asbestos fiber and dust. 22 45. A 1940 text entitled Manual of Industrial Health Hazards authored by Travelers Insurance 23 Co. listed asbestos dust as a health hazard when cable and wire insulation manufacture. 24 46. In 1942, the Pennsylvania Department of Labor and Industry of Pennsylvania authored a 25 safe practice Bulletin entitled Exhausting Asbestos Fiber and Dust in Wire Insulation Manufacture. Stating in part as follows: 26 When asbestos is used as an insulation agent in the manufacture of wire it enters the plant in a 27 refined form, having been through a previous manufacturing or processing treatment at some 28 asbestos factory, which has conditioned the raw supply of asbestos. General Cable MSJ Opp Dec o f Barry Castleman 111510[1].DOC - 11 - DECLARATION OF BARRY CASTLEMAN in SUPPORT of pla in tiffs' opposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT 1 Thus we find two general types of asbestos supply, one the yam of asbestos in the spool form 2 (to be used for braiding the outside of the finished wire) and the other the batt, or lap, form of asbestos which is loosely wound in a reel (this is the form that is used on the carding machines). 3 High grade asbestos... is used in the wire manufacture intended for electrical insulation. 4 ... the asbestos by-product, if allowed to escape into the workroom, would soon float into the 5 far boundaries of the plant and hang like Spanish moss, even from the rafters, and settling on belts, pulleys and equipment. It soon gets beyond the control of good housekeeping, if 6 unremoved at its origin. 7 47. Industry was well aware that asbestos was a mineral with high resistance to destructive 8 forces such as heat and that asbestos did not decompose even upon prolonged storage. (One scientist 9 borrowed from the language applied to radiation in stating that asbestos in the environment had a "half- 10 life of infinity"). 11 48. It was also obvious that, absent any safeguards to prevent it, workers typically exposed to 12 asbestos dust from products would take the contaminant home on them, where it would accumulate in carpets, clothing, window curtains and furniture. So the contamination of workers' homes and the 13 exposure of their spouses and children was very foreseeable, and with the knowledge that asbestos was 14 carcinogenic came the possibility that these household-contact exposures would have disastrous 15 consequences for members of workers' families. 16 49. Retired Monsanto chemist and industrial hygienist Jack Garrett testified concerning the 17 chemical company's employee protection in the 1950's against asbestos from insulation products 18 including showers and daily changes of clothes; "We went down to shoes and socks, underwear and all. 19 We didn't want it at home." (See deposition of Schmidt, District Court of Jefferson Co. TX, Dec. 16, 20 1993.) 21 50. Prior to 1952 it was established that toxic dust (including asbestos dust) taken home on a 22 worker's clothing posed a hazard to the worker's family. In the 1930s and 1940s, it was knowable or known that developing Industrial Hygiene practices recommending or requiring workers that were 23 exposed to asbestos dust to change their clothing and to take showers before returning home from work 24 would reduce or eliminate exposure to family members. By the early 1950s it was well known and 25 established by the medical and scientific literature that individuals could contract asbestos-related 26 diseases as a result of relatively low exposures to asbestos dust. 27 51. Wire and cable manufacturing asbestos hazards were understood by the 1930's. It is 28 General Cable MSJ Opp Dec of Barry Castleman 111510[1].DOC - 12 - DECLARATION OF BARRY CASTLEMAN IN SUPPORT of pla in tiffs' o pposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT my opinion that General Cable Corporation knew or should have known of the asbestos hazards of wire 1 and cable manufacturing by the 1930's. It is also my opinion that by 1952, General Cable Corporation 2 knew or should have known that the asbestos-containing products in use on its premises emitted toxic 3 dust during handling and that the only means of mitigating potential harm from such dust was to 4 minimize or eliminate the opportunity for human exposure to it. Additionally, by 1952 General Cable 5 Corporation knew or should have known that any persons exposed to that dust, including those off the 6 premises such as the children and spouses of workers, would potentially suffer injury because of it. 7 I declare under penalty of perjury pursuant under the laws of the State of California that the 8 foregoing is true and correct, and that this Declaration was executed on November___, 2010 at 9 _______, California. 10 11 BARRY CASTLEMAN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General Cable MSJ Opp Dec of Barry Castleman 111510[1].DOC - 13 - DECLARATION OF BARRY CASTLEMAN IN SUPPORT of pla in tiffs' opposition to d ef. general CABLE CORPORATION'S MOTION FOR SUMMARY JUDGMENT