Document D32dz5NYgoX3rNvaZ5R8nzJa
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PLAINTIFF'S EXHIBIT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GLORIA VAUGHN, ET AL,
vs.
Plaintiffs,
RAYMARK INDUSTRIES,INC., ET AL,
Defendants.
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4 'fyl $
No. 82-1655-C(A)
ANSWERS AND OBJECTIONS TO PLAINTIFFS' INTERROGATORIES PROPOUNDED TO DEFENDANT,
ABEX CORPORATION
Come now Plaintiffs and submit the following Interrogatories
to Defendant,
Abex Corporation,
to be answered in
writing and signed under oath, in accordance with the Laws in such
cases made and provided:
1. Has Defendant, at any time, engaged in the manufacture
of brakelinings and clutches containing asbestos or asbestos
fibers, and if your answer is in the affirmative, sta-. e: a) Where the brake linings or clutches were manufactured b) How long Defendant has manufactured same (give
inclusive dates).
c) Whether Defendant has supplied these brake linings
or clutches to any of the other Defendants since 1960, and when
these transactions took place, where, and the-compensation paid for
the manufactured asbestos containing brake linings or clutches.
d) Whether any warnings, cautions, caveats or directions
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accompanied the materials referred to in c) and the dates these
first appeared.
ANSWER: Abex Corporation is engaged in the manufacture of brake linings; Abex does not manufacture clutches.
(a) Detroit Michigan Winchester, Virginia Salisbury, North Carolina
(b) From approximately 1926 to the present (c) Abex objects to this Interrogatory on the groundsthat said Interrogatory is unduly burdensome, in that it would require a massive and expensive effort to search through recordsin an effort to develop this information, and also on the grounds that said Interrogatory is overbroad and ambiguous. (d) See defendant's response to Interrogatory No. 1(c) herein; without waiving such objection, however, defendant states that any warning on any brake linings which would have been supplied to any of the other defendants would have begun appearing in 1972.
i 2. a) From what source or sources, if any, did your company
obtain mined asbestos since 1960?
b) Were there any warnings, cautions, caveats, or directions
accompanying the material referred to in a) above and the nature and
extent of said warnings, cautions, caveats or directions accompanying said asbestos.
ANSWER:
-
. (a) Asbestos Corporation, Ltd.
Ihetford Mines
Quebec, Canada
Lake Asbestos Black Lake Quebec, Canada
Bell Asbestos Mines, Ltd. Thetford Mines Quebec, Canada
Johns-Manvilie Asbestos Quebec, Canada
Vermond Asbestos Group, Inc.
Hyde Park
Vermont (b) Yes, beginning in 1972, the following appeared on
Canadian Suppliers:
Caution
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Contains Asbestos Fibers
. Avoid Creating Dust
Breathing Asbestos May Cause Serious Bodily Harm
shipments
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The above appeared on Vermont Asbestos Group packages in 1974.
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accompanied the materials referred to in c) and the dates these
first appeared.
ANSWER: Abex Corporation is engaged in the manufacture of brake linings; Abex does not manufacture clutches.
(a) Detroit Michigan Winchester, Virginia Salisbury, North Carolina
(b) From approximately 1926 to the present (c) Abex objects to this Interrogatory on the groundsthat said Interrogatory is unduly burdensome, in that it would require a massive and expensive effort to search through recordsin an effort to develop this information, and also on the grounds that said Interrogatory is overbroad and ambiguous. (d) See defendant's response to Interrogatory No. 1(c) herein; without waiving such objection, however, defendant states that any warning on any brake linings which would have been supplied to any of the other defendants would have begun appearing in 1972.
2. a) From w'hat source or sources, if any, did your company
obtain mined asbestos since 1960?
b) Were there any warnings, cautions, caveats, or directions
accompanying the material referred to in a) above and the nature and
extent of said warnings, cautions, caveats or directions accompanying said asbestos.
ANSWER:
(a) Asbestos Corporation, Thetford Mines Quebec, Canada
Ltd.
Lake Asbestos Black Lake Quebec, Canada
Bell Asbestos Mines, Ltd. Thetford Mines Quebec, Canada
Johns-Manvilie Asbestos Quebec, Canada
Vermond Asbestos Group, Inc.
Hyde Park
Vermont
- (b) Yes, beginning in 1972, the following appeared on
Canadian Suppliers: Caution
^
Contains Asbestos Fibers
. Avoid Creating Dust
Breathing Asbestos May Cause Serious Bodily Harm
shipments
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The above appeared on Vermont Asbestos Group packages in 1974.
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3. If the answer to one or more of the last two questions
is affirmative, please state as to each affirmative answer the
following: a) The trade or brand name of such product mined, manufactured,
and/or marketed. Brake linings have been manufactured by Abex under the following trade or brand names:
, ANSWER: 1) American Brake Materials; 2) Brakeblok; 3) American Brakeblok; '4) Abex; 5) Brake Shoe; 6) Esline; 7) Stopper; 8) American Eagle; 9) Crossing Guard; 10)121 Super Brake; 11) Velvetouch.
b) The dates each such products was placed on the market:
ANSWER: The following are
brand names:
! 1) 1930; 2) 1936;
7) 1966; 8) 1974; 9) 1975; 10)
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the years of registration of the above
3) 1938; 4) 1941; 5) 1943; 6) 1965; 1975; 11) 1968.
c) The dates each of such products was withdrawn from the market
ANSWER: 1) 1971; 2) 1971; 3) Active; 4) Active; 5) Active; 6) Active; 7) Active; 8) 1980; 9) Active; 10) Active; 11) 1970.
d) A description of the physical (the chemical) composition
of each such product including the type of asbestos contained in
each such product (i.e., amosite, chrysotile or crocidolite) and
the quantitative percentage of asbestos in each product.
ANSWER: Abex objects to this Interrogatory on the grounds that it calls for privileged trade secret information of this defendant^ without waiving such objection, however, Abex states that asbestos brake lining is an asbestos based material containing fillers, friction stabil zers and friction enhancers, bound by heat reacting phenolic resin.
' e) A description of the physical appearance of each such product
ANSWER: Generally, brake lining is curved to a given drum diameter and is produced to a given length, width and thickness. Disc brakes are flat and make to different configurations to fit a flat rotor.
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f) A detailed description of the intended use of each such product.
ANSWER: To retard motion
g) The name of the manufacturer of each such product. ANSWER: Abex Corporation
h) The mining or milling concern from which the raw asbestos fiber was obtained.
ANSWER: See Answer to Interrogatory No. 2(a) above.
4. From 1930 until the present, did the asbestos products manufactured or distributed by you, contain any warnings, caution, caveat or other statement on the product or its packaging; if so, state:
a) When did the warning first appear. ANSWER: Yes, beginning in 1972.
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b) What was the precise wording of the warning when it
first appeared.
ANSWER:
Caution Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm
c) Was the warning altered, amended or changed in any manner. If so, how and when.
ANSWER:
d) Where was the warning located on the product or packaging. ANSWER: Warning was located on the packaging.
e) When did you become aware that warnings were placed on
products distributed by other Defendants? State the reason
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warnings of the other Defendants were not placed on your products.
ANSWER: Abex objects to this Interrogatory in that said Inter rogatory assumes certain facts not presently true and for that reason Abex is not able to formulate a response to said Interrogatory.
f) State the manner in which your product is shipped and the type of container it is shipped in to retailers.
ANSWER: Abex objects to this Interrogatory in that said Inter rogatory assumes certain facts not presently true and for that reason Abex is not able to formulate a response to said Interrogatory.
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g) State whether any industrial psychologists or human
factors engineers were consulted prior to utilizing such warnings,
cautions, etc.
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ANSWER:
No, not to present knowledge.
5. Have you received notice that any other person including any
of your employees have claimed injury as a result of using asbestos
products manufactured by your company.
ANSWER:
Voc
6. Please describe in detail the type of packages in which
Defendant has sold astestos material, listing the dates each type
of package was used, a physical description thereof, a description
of any printed material or trademarks that appeared thereon and
a description of any warning or warning labels that appeared thereon.
ANSWER:
Presently, parts are packaged in axle set boxes contain.
4 or 8 pieces of lining. These are then packed in a carton containing
from 2 to 12 axle sets; Bulk pieces are packed in a carton containing
from 25 to 200 pieces of brake lining. Large bulk orders are packed
in Gaylords, containers designed to fit a 36" x 48" pallet which is
24" deep. Axle set boxes are preprinted with artwork associated with
American Brakeblok or Abex, some boxes are plain corrugated and labell
or stenciled. Dates of use are unknown. See Answers to Interrogatory
No. 4(b)-(d) above.
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7. Did you receive any reports or communications from your
Workers' Compensation insurance carrier or products liability
insurance carrier with regard to the hazards incident to the
use of asbestos containing products? If so, please state who had
possession of said reports, the location of said reports and the
substance of the contents of said reports, listing for each such
report the respective insurance company, its address, and the agent
signing such correspondence.
ANSWER:
Abex objects to this Interrogatory on the grounds that
said Interrogagory calls for the work product of defendant's attorneys
and said information is protected by the attorney/client and insurance
icarrier/insured privilege; subject to such objection, however, defendant
states that to the best of its present knowledge, the answer to said
.Interrogatory is no.
8. Has the Defendant imported asbestos or asbestos materials
since 1960? If the answer is in the affirmative, state:
a) From where the asbestos or asbestos materials were imported.
ANSWER:
Yes. Canada.
b) How long the Defendant has imported asbestos or asbestos
materials.
ANSWER:
Since approximately 1926.
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c) Whether the Defendant has supplied this imported asbestos or asbestos materials to any of the other Defendants since I960, when these transactions took place and where.
ANSWER: Not to the best of Abex's present knowledge.
d) Whether any warnings, cautions, caveats or directions accompanied the materials referred to in c) and the date these first appeared.
ANSWER: See Answer to Interrogatory No. 8(c) above.
9. State whether Defendant manufactured asbestos containing products for a company but placed said company's labels, logos or containers on said products and if so, list each company.
ANSWER: Abex objects to this Interrogatory on the grounds that said Interrogatory seeks irrelevant and immaterial information and is not reasonably calculated to lead to the discovery of admissible evidence.
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10. If the answer to the preceding Interrogatory is in the affirmative, state:
a) Where the Defendant has sold or distributed such products since 1960.
ANSWER:
Abex objects to this Interrogatory on the grounds that
said Interrogatory seeks irrelevant and immaterial information and is
not reasonably calculated to lead to the discovery of admissible evidence
b) How long the Defendant has sold or distributed such products.
ANSWER:
Abex objects to this Interrogatory on the grounds that
said Interrogatory seeks irrelevant and immaterial information and is
not reasonable calculated to lead to the discovery of admissible evidence
11. If the Defendant has discontinued manufacturing and/or selling asbestos products, please state the reason or reasons therefor.
ANSWER: Not applicable.
12. Please state the names of trade association periodicals to which the Defendant subscribed from 1928 to the present date. State whether or not the Defendant had any knowledge of any articles being printed in industry trade journals, essays, memoranda and other
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similar sources pertaining to the hazardous potentials of asbestos and which of such articles were received by you.
ANSWER: Abex objects to this interrogatory on the grounds that said Interrogatory is overbroad and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving such objection, however, Abex states that with respect to any sources concerning asbestos, see Exhibit A attached.
13. Please state if Defendant, or anyone on behalf of Defendant, including any organization, group, inter-company or industrial organization to which the Defendant belonged, conducted, sponsored, researched or contributed financially to any studies or research to determine if the inhalation of asbestos fibers may be harmful or to determine the relationship, if any, between exposure to asbestos fibers or products and asbestos and lung cancer. If so, Pi ease state: .
a) The type or nature of the studies. : Abex objects to this Interrogatory on the grounds that
said Interrogatory seeks irrelevant and immaterial information and is not reasonably calculated to lead to the discovery of admissible evidence. Further, Abex objects on the grounds that this Interrogatory seeks the production of documents through the use of interrogatories which violates the Federal Rules of Civil Procedure.
b) By whom the research or studies were conducted, give the complete names and addresses.
ANSWER: See Response to Interrogatory No. 13(a) above.
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c) The dates that each such test or study was conducted. ANSWER; see Response to Interrogatory No. 13(a) above.
d) The complete results of each test or study. ANSWER: See Response to Interrogatory No. 13(a) above.
I e) The recommendation of the study or tests, t ANSWER: See Response to Interrogatory No. 13(a) above.
f) The resulting implementation of the studies or tests by Defendant.
ANSWER: see Response to Interrogatory No. 13(a) above.
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g) The date when first implemented.
ANSWER:
See Response to Interrogatory No. 13(a) above.
h) Supply copies of reports of the research department,
pertaining to the use by the corporation of asbestos in their manufactured products.
ANSWER:
see Response to Interrogatory No. 13(a) above.
Further, Abex objects to said Interrogatory for the reason that it
seeks the production of documents through the use of interrogatories,
which violates the Federal Rules of Civil Procedure.
14. Please state whether any of the distributors of your
asbestos containing products were provided with any special
instructions, oral or written, in regard to utilizing said products
in a manner so as to avoid exposing workers to amounts of dust
exceeding the MAC or TLV. If so, please state:
a) When these instructions were given.
ANSWER:
Yes, 1978.
b) By whom these instructions were given.
ANSWER:
By Friction Materials Standards Institute
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c) Were the instructions oral or written.
ANSWER:
Written.
d) The precise content of the instructions.
ANSWER:
See Exhibit B attached.
e) If the instructions were written, please attach a copy.
ANSWER:
See Exhibit B attached.
15. Did the Defendant sponsor since 1930 for its employees
or distributors any meetings, seminars, conferences, or conventions
where the subject of occupational health and exposure to asbestos
was discussed.
ANSWER:
Yes*
16. If the answer to Interrogatory 15 is in the affirmative, state a) The date and place of such meeting, seminar, conference,
or convention where the subject of occupational health and exposure to asbestos was discussed.
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ANSWER; Meetings were held for employees at Winchester plant in approximately early 1978.
b) The name and address of the speaker or discussant. ANSWER: Not applicable.
17. Please identify all booklets, manuals, journals and all publications directed from you to customers and users of all asbesto containing products and the dates said information was forwarded regarding the prope: use of your asbestos containing products.
ANSWER; ^bex ob ects to this Interrogatory on the grounds that said Interrogatory seeks irrelevant and immaterial information and is not reasonably calculated to lead to the discovery of admissible evi dence .
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18. Please describe and identify all tests and experiments
conducted by your to determine whether or not asbestos fibers contained
within your asbestos containing products would become air-borne upon
their application or use by mechanics such as Plaintiff's decedent.
Please state the dates of all tests and experiments and the results
and conclusions of each test and/or experiment.
ANSWER:
Abex objects to this Interrogatory on the grounds that
said Interrogatory seeks irrelevant and immaterial information and is
not reasonably calculated to lead to the discovery of admissible evi
dence.
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19. State your knowledge as to the manner in which your asbestos
containing brake lining products were removed or used by mechanics
since 1940 and also state your knowledge as to the manner ir which
said mechanics using your brake lining products were exposed to or
created dust in the form of asbestos air-borne fibers.
ANSWER:
See defendant's Answer to plaintiffs' Third Amended
Complaint; beyond this answer defendant has no present knowledge as
to the information sought in this Interrogatory.
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20. Please state whether or not you ever obtained any knowledge
concerning the likelihood of asbestos inhalation being hazardous
to health, and if so, state when the corporation first became
aware of the hazardous potential of asbestos and its products.
State how the Defendant first obtained this knowledge and became
so aware of said hazards and from what source this information was
obtained.
ANSWER:
Knowledge of potential asbestos hazards from industrial
type processing of asbestos was basic to the Abex Occupational
Health Program since 1941, upon formation of the Medical Department.
See Response to Interrogatory No. 13.
21. Please state the date when you first notified mechanics engaged in the application or removal of asbestos containing brake
linings as to the need to wear respirators.
ANSWER:
Abex objects to this Interrogatory on the grounds that
said Interrogatory seeks irrelevant and immaterial information and is
not reasonably calculated to lead to the discoveyr of admissible
evidence. Further, Abex objects on the grounds that said Interrogatory
assumes certain facts not presently in evidence.
22. State whether Defendant has ever published and/or distributed
any brochures, sales literature, pamphlets, bulletins, or other
written materials (aside from any caution labels on containers) of
any kind or character that contained any warnings, cautions.
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caveats or directions concerning the possiblity of injury resulting
from the use of the products listed in Interrogatory No. 4 above,
and if so, please state:
a) The wording of each such warning or bulletin.
ANSWER:
See answers and objections to Interrogatories Nos.
14 and 17. Exhibit C was distributed to defendant's employees, and
is attached hereto.
b) A description of each such printed material.
ANSWER:
See Exhibit C attached hereto.
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c) The method used to distribute the warning to persons who are likely to use the products.
ANSWER: By hand.
d) The date each such warning was issued.
ANSWER:
Approximately early 1978.
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e) The name, address and job classification of each person
or persons who have possession of the above described documents.
ANSWER:
Defendant Abex objects to Interrogatory No. 22(e) on
the grounds that said Interrogatory seeks information which is not
reasonably calculated to lead to discovery of admissible evidence and
that a copy of said document is attached hereto.
f) Attach copies of such warnings or bulletins. ANSWER: See Exhibit c attached hereto.
g) The name of the author of said warnings or bulletin in the
employ of the Defendant.
ANSWER:
Subject to further invesitgation and discovery, Abex
has no knowledge at this time.
The inquiry concerning this Interrogatory includes any warnings or bulletins that Defendant has ever published or directed to its own employees.
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23. State the names of any expert witness that you intend
to rely upon at the trial of this action, and identify the subject
matter upon which each of said experts will testify, his opinions,
and the grounds upon which the opinions are based.
ANSWER:
Subject to further investigation and discovery, Abex
will provide this information at a later time.
24. If written documentation in the form of "scientific data"
will be introduced into evidence upon a trial of this cause by the
Defendant, describe each such document, and include its title,
author, and the date and the identity of any publication in which
such data was published.
' ANSWER:
Subject to further investigation and discovery, Abex
will provide this information at a later time.
25. State the full name, present full address, telephone number of all witnesses who will testify on behalf of the Defendant upon a trial of this cause, and identify the subject matter upon
which each such witness will testify.
ANSWER:
Subject to further investigation and discovery, Abex
will provide this information at a later time.
26. Describe all written documentation which will be offered
upon a trial of this cause on behalf of the Defendant against Plaintifi
ANSWER:
Subject to further invesitgation and discovery, Abex
will provide this information at a later time.
27. Please state if the Defendant intends to assert that it does not manufacture, sell, distribute, or supply asbestos materials to the Midwest area, including Missouri and Illinois.
ANSWER: Abex objects to this Interrogatory on the grounds that said Interrogatory seeks the privileged work product of said defendant's attorneys; and is not reasonably calculated to lead to the discovery of admissible evidence. Not waiving such objection, however, see defendant Answer to plaintiffs' Third Amended Complaint herein.
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28. State al1. distributors and companies to which the Defendant
sold or distributed asbestos or asbestos materials in Missouri and
Illinois for the years 1960 through 1980.
ANSWER:
Abex objects to this Interrogatory on the grounds that
said Tnt'ertogatory seeks irrelevant and immaterial information and is
not reasonably calculated to lead to the discovery of admissible evi
dence. Further, Abex cbjects on the ground that said Interrogatory
is unduly burdensome and oppressive in that defendant does not main
tain records containing the information sought in this Interrogatory.
29. Do you do business in the area designated by the U. S. District Court as the Eastern District of Missouri, Eastern Division?
ANSWER:
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<<
Respectfully submitted.
OF COUNSEL:
ARMSTRONG, TEASDALE, KRAMER & VAUGHAN
fJZu h'c.Z k STATE OF VIRORNI-A-
AjCu) V'o/^K COUNTY OF rREDBRICK
)
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611 Olive Street, Suite 1900 St. Louis, Missouri 63101 (314) 621-5070 Attorneys for separate defendant ABEX CORPORATION
The undersigned, A. H. Casey, of lawful age, being first duly sworn upon his oath, states that he is corporate counsel of defendant, ABEX CORPORATION, and that as such he is authorized to execute this Affidavit; affiant further states that he has reviewed the foregoing Answers and Objections to Interrogatories which have been prepared based upon such information and documents as are available to said defendant and that said Answers and Objections are true and accurate to the best of affiant's knowledge, information and belief.
Subscribed and sworn to before me, a Notary Public, this day of November, 1983.
My commission expires:
Notary
Public
/
mot.o . ,LEN M. GODIN
NOTARY IujuC, '
oi New York
No. 41-4 11565 Qualify in Q. sens County
Cerl. Filed in He-v York Co-jrtv Commission Expire. March 50. 1984
Certificate of Service
A copy of the foregoing was served on the following counsel of record
in the above-captioned matter by mailing, first class, postage prepaid this /07^( day of November, 1983:
Walter L. Floyd 230 South Bemsiton Clayton, Missouri 63105
Blatt & Fales P.O. Box 365 Barnwell, S.C.
29812
Harry J. Nichols 7 North Seventh Street St. Louis, Missouri 63101
ATTORNEYS FOR PLAINTIFFS
J. Douglas McDaniel Kroening, Mtertz, McDaniel & Frapoli 1935 Park St. Louis, Missouri 63104 Attorneys for Raymark Industries, formerly Raybestos-Manhattan, Inc.
John A. Koepke Morris, Larson, King, Stamper & Bol Two Crown Center, Suite 400 2420 Pershing Road Kansas City, Missouri 64108 Co-Counsel for Raymark Industries,
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Donald L. James Brown, James & Rahbitt, P.C. 705 Olive Street, Suite 1100 . St. Louis, Missouri 63101 Attorneys for Bendix Corporation
R. E. Keaney Moser, Marsalek, et al. 300 Pierce Building St. Louis, Missouri 63102 Attorneys for Bell Asbestos Mines
Robert S. Allen/Michael A. Vitale Lewis, Rice, Tucker, Allen & Chubb 611 Olive Street, Suite 1400 St. Louis, Missouri 63101 Attorneys for National Gypsum
R. C. Wuestling Wuestling & James 1015 Locust Street St. Louis, Missouri 63101 Attorneys for H.K.Porter, Inc.
Gerald Morris/Reed Sugg Shepherd, Sandberg & Phoenix One Mercantile Center, Suite 3000 St. Louis, Missouri 63101 Attorneys for Ford Motor Company
^Joseph L. Leritz 314 North Broadway, Suite 843 St. Louis, Missouri 63102 Attorney for C. L. Zimmerman Co.
David L. Caldwell Wood, Lamping, Slutz & Reckman 800-900 Tri-State Building Cincinnati, Ohio 45202 Co-Counsel ror C.L. Zimmerman Co.
Joseph B. McGlynn, Jr. P.O. Box 1048 Belleville, Illinois 62223 Attorney for Chrysler Corp.
John R. Musgrave One Mercantile Center, Suite 2900 St. Louis, Missouri 63101 Attorneys for Lac D'Amiante Du Quebe
Myron J. Bromberg Porzio, Bromberg Newman P.O. Box 210M 163 Madison Avenue Morristown, New Jersey 07960 Attorneys for Lac D'Amiante Du Quebe
Robert G. Burridge Anderson, Gilbert, Wolfort,
& Bierman 705 Olive Street, Suite 701 St. Louis, Missouri 63101 Attorneys for Nuturn Corp.
Allen
McDermott, Will & Emery 111 West Monroe Chicago, Illinois 60603 Attorneys for Wagn' r Electric
Corp.
Joseph M. Kortenhof
'
Kortenhof & Ely
1015 Locust Street, Suite 300
St. Louis, Missouri 63101
Attorneys for General Motors Corp.
Gary T. Sacks 1300 Paul Brown Bu:lding 818 Olive Street St. Louis, Missouir 63101 Attorneys for Wagner Electric
Corp.
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General information on the health hazards of asbestos has been reviewed by Abex Medical Directors andIndus trial Hygienists since 1941, the date of formation of
the Medical Department. The information was obtained
but not limited to:
;s
(1) Journal of Occupational Medicine. (2) Occupational Health and Safety.
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(3) American Industrial Hygiene Journal. (4) OSHA Standard for Asbestos 1910.1011-1972. (5) Criteria for a Recommended Standard,
"Occupational Exposure to Asbestos," U.S. Dept, of Health, Education, and Welfare-1972.
aat
Charles C. Blackwell, Jr., M.D., Medical Directas:,
in May 1972, had correspondence with Mr. DonalilrrK.
Rennie, V.P. of Personnel in the N1U3, concerning
Dr. Selikoff's articles on the association of
cancer and asbestos.
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In the bookcases of the Medical Director's office,
there are several books concerning Asbestos. A
general medical file on this subject is also main
tained in the Medical Department with reprints and
articles on Asbestos.
____^
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me IS
EXHIBIT A
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Me i `.ext
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pke son. entf ng * , Mi
The health problems
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> Every person seeking employment in Abex'
plants where asbestos fiberIs used*vj^>^/it.
yshould know that breathing excessive
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amounts of asbestos causes certain health V' /'r.
-:'v -V : ' problems. V*-*T*~- :-/-
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Abex has taken many steps to protect you ...
_ .. from exposure to harmful amounts of
asbestos fiber. To make these steps
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... effective, you must follow safe working
v' '. ; - `rules on the job.-.'rv. i-.-. V' .* 'vV "'.V ;: ;
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The health problems that asbestos are these: x
Breathing excessive amounts of asbestos fiberin the'air'y.;^"i:
. might result in a disease called asbestosis -"a scarring of[thej^-rv:y^ 'i*'-**
; lung tissue - which, when severe, makes it difficult to x'U^'XvyJ -
- breathe properly.
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Persons who smoke cigarettes and inhale excessive amounts' . of asbestos dust are at a greater risk of developing 1 ^;.r^->::VV
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Be concerned; not alarmed
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problems in coming to work for Abex today. Present cases^f^v^'/A-
the health problems we mentioned are related to working^y^^-*"'^rJj;
conditions that existed many years ago. As we became aware
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of the risks, Abex began spending millions of dollars
improve equipment and processes and to upgrade dust control
systems to prevent excessive asbestos exposures. We are . ^.vrr.*'?77 :
confident that as long as employees follow safe work rules'
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and equipment is operated properly, no employee will be
exposed to hazardous amounts of asbestos fiber in ourj>j
operations.
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To assure continued control of risk, the company will bey
regularly checking asbestos-using operations with trained:h industrial hygienists. You must cooperate with these
hygienists when they are checking your work areas. :uVa?;0-:.^: . '
Government inspections also are made of our facilities to make v;*';.-
sure you are not being exposed to hazardous levels of , -f ^7:;'
asbestos. The government has set standards that limit how
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much asbestos you can be exposed to, and Abex abides fully
with those regulations.
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in some areas you may at times be required
to wear a respirator temporarily'or other
forms of personal protective equipment.
must wear this equipment properly whenever 'yyy'rtv
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' more about the potential health risks of asbestos and what the'Y /.''.V'-'v .. - company is doing to protect you on the job. You will be taughf^i'^''
- how to use personal protective equipment and other methods, ' of protecting yourself. Because of the efforts of Abex and youV-'jr^-X.' ,:'.
.own efforts, it is likely that you will be as safe working for. 2?
Abex as in any other occupation or endeavor. vv-a' . , '' . `
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Violation of health work rules can result in dismissal.
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So we can be sure you have read this booklet and know about:
the potential risks connected with your job and the strict rules
you must follow, we would like you to fill out the form at the y right and return it to us. This sheet must be forwarded to your
foreman before your first pay period ends.
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RECOMMENDED PROCEDURES FOR REDUCING ASBESTOS DUST DURING BRAKE SERVICING
Because studies have indicated that exposure to excessive amounts of asbestos dust may be a potential health hazard, OSHA has set maximum limits of levels of airborne asbestos dust to which workers may be exposed. Since most automo tive friction materials normally contain a sizable amount of asbestos, it is important that people who handle brake linings and clutch facings understand the nature of the problem and know the precautions to be taken.
1. Areas where brake work is done should be set aside if possible, and entrances should be posted with an asbes tos exposure sign as follows:
Asbestos Dust Hazard Avoid Breathing Dust Wear Assigned Protective Equipment Do Not Remain in Area Unless your Work . Requires tt Breathing Asbestos Dust May Be Hazardous To Your Health
2. The amount of asbestos in the dust from brake lining wear is normally at an extremely low level because of chemical breakdown during use, and il machining of fric tion material does not take place, simple procedures will minimize exposure. During brake servicing, the mechanic should wear a respirator approved by NIOSH for asbes tos dust, tl should be worn during all procedures starting with the removal of wheels and including reassembly.
3. When removing worn friction materials, remove the accu mulated dust in the asseml 'ies with an industrial vacuum cleaner'equipped with a high efficiency filter system. If such equipment is not available, dust can be removed with a damp cloth. Do no' use compressed air or dry brushing for cleaning unless the assembly is enclosed and properly exhausted.
4. Whenever possible, purchase friction materials pre ground and ready for installation. If machining is neces sary, the precautions which must be taken are of extreme importance. This is the operation in brake service when exposure to asbestos dust may be at its highest. This
increases the difficulty in complying with the OSHA stand ards. In addition to the approved respirator, there must be local exhaust ventilation such that worker exposures are maintained below the OSHA asbestos standards. If there is any question as to the efficiency of asbestos dust re . moval by the machine, the manufacturer should be con tacted.
5. Industrial vacuum cleaner bags containing asbestos dust and cloths used tor wiping brake assemblies should be sealed in plastic bags and labeled with the following warn ing label printed in letters of sufficient size and contrast to be readily visible and legible.
Caution Contains Asbestos Fibers
Avoid Creating Dust Breathing Asbestos Oust May Cause
Serious Bodily Harm
All asbestos waste should be disposed of in accordance with OSHA and EPA asbestos regulations. During remov al of vacuum bags, an approved respirator, as described in (2) above should be worn.
6. Good housekeeping is essential in a workplace where asbestos containing materials are handled. Industrial vac uum cleaners equipped with multiple stage high efficiency filters should be used for removing accumulations of as bestos dust and waste. Never use compressed air or dry sweeping for cleaning. Water or other dust suppressants should be applied if brooms are used.
7. Good personal hygiene practices are i. lportant in minim izing asbestos dust exposure. Do not smoke. Wash be fore eating. Shower after work. Chanc e to work clothes upon arrival at work and change fror. work clothes at conclusion of work. Work clothing should not be taken home. Laundering of asbestos contaminated clothing shall be done so as to prevent release of airborne asbes tos fibers in excess of the exposure Iimris.
CAUTION: DO NOT BREATHE ASBESTOS DUST
Page 32
EXHIBIT B