Document Ea4ND6n7KyZ6jvMaJxLXLdnR

S^G/comp 5-6-6 3 -1 ` VJ UJM C, 7v. VJ 1 OUL_. CO T S . ____ PAID> PY PLF DEK. IB A No._____ . ..... 5* kceiveoapb ..fr8a UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION BOBBY R. SANFORD vs. JOHNS-MANVILLE SALES CORPORATION, ET AL I X r Civil Action X No. G-82-325 X X J V DEPOSITION OF: JOHN L. MYERS r i -\ m)R.EDmDEi^:i^ COURIER EPORTERS, V,*L* ___ \ > *' J U* ' ' . '/ & :-rzi' IrN\ rCs~. MS-1047 P O Do* 58170 Houston. Toms 77258 (713) 2800015 UCAREF00012460 p.t 4* *- AMENDMENT SHEET CASE Qohlou /' ____________ DEPOSITION OF: .Aiy &TS. J ,' ~\^ ' " I wish to amend the foregoing deposition in the fallowing respects; Page 12^ Line^ Now Reads: dc^> ~fo Should Read: Ve pcs',fU Reason for Change t aJp 3Page Jj f? Line Now Reads: Se. SS,gyi Should Read: '' 5as?/w. " Reason for Change: Page Line ( Now Reads: r> c-J( 9- k oJp 'Hl* Should Read: "njL'Xa Reason for Change: &<li4&viaP Page ~/ Line /7 Now Reads: -f&P ue~Jc '4lu> s, " Should Read: ` ~H\e. uj^y^-k '______________________________________ Reason for Change: &*' Page ^ Line ,3.3 Now Reads: "Cirv&iU " aSU^ j, C3 LI*, t, J V 2 S Should Read: ,f C->* it __"___________________________________________________ Reason for Change: cL'b**\ Page Line // Now Reads: a^t/, Should Read: S Reason for Change:___& Page ~7 3Line Should Read: Now Reads: hH or ** UCAREF00012461 AMENDMENT SHEET CASE Bok/v, R. DEPOSITION OF : -Ao/ln My I wish to amend the foregoing deposition in the following respects:^ Page / Line /S' Now Reads; D,!}&<! co Should Read; 0>m'tiw: Reason for Change: <di . ** Page / CO line 2J Now Reads; J *> Q- c^5.r<i,nv,v- ^ otM.fnj Should Read: (kLfc______________________________________________________________________ Reason for Change; 4-8~AaQ, Page j/Q Line / Should Read; Now Reads; ''4-S-ffoc aH A Z rCC/< Reason for Change; StL'f'WuJL Page /Q Line 2, Now Reads; Should Read; Afio~a^ <1/ <*Reason for Change; SeL~k^<JL rg. DCL&Ov er4iI, . Paae Line Now Reads; Should Read: Reason for Change:__________ PageLineNow Reads: Should Read: Reason for Change:_________ PageLineNow Reads: Should Read: Reason for Change: Signature SUBSCRIBED AND SWORN TO before me, the "undersigned authority, on this Jfajr'day of ____________ 1986, cmoAL CHRIS G. DAVIS - * ^ } KCTiZ S.3L.C C^u. -C3NH I Notary Public in'and / for the State of Tenge <<?/*->*,l/CA UCAREF00012462 IV \ AMENDMENT SHEET PJ CASE Bo^tv R.SrtuL^sd DEPOSITION OF: I-- My ATS I wish to amend the foregoing deposition in the fallowing respects: Page 0.3 Lineup Now Reads: d Q-y csi'fo y Should Read: de.pe5',i~ Reason for Change: (zdj4n>-~.\ aj> 3Page 3 Line Now Reads: Se.3'if o-* fiJ'jtuiJ' S&Lh. Should Read: 5e.ss~/ Reason for Change: r>'cj< __________________________ Page Line f% Now Reads: /xd-/> 9- k aJP '4icj Should Read: 'nd2A-o ''fAe. Reason for Change: Page S'! Line /7 Now Reads : -ff\ e gj "li:Should Read 4/ Reason for Change: &<'-h-fUijG. Page "c? "Line ,3. 3 How Reads: r sf&lla ^/ietA'y'-n ^ j C? &!.. V/ .47, Should Read:__________->c ScLReason for Change : _____________________________________________________ & Page (cfj Line // Now Reads: CU^L'nJ. * Should Read: Su-pplied- Reason for Change: (2^<di-Iasi aSt. Page ~7 ^Line ^ Now Reads: ^je-y* Should Read: or cix Vf-n cJl Reason for Change:___^ Signature SUBSCRIBED AND SWORN TO before me, the this 3o^' day of :ity, on okhcul sZipAL CHRIS G. 0A`/:S < x(J`!v.,aL.r cal -oama 3 XV^i J/. .-ont^=- co.;!^ Notary Public in and for the State of .TrganT , UCAREF00012463 UCAREFOO012464 1 1 K1 0 r.; V 10 M a m 11 .'Nil wr:t;u of .10;;:: r,. 2 cell. a a w 1 Inc r: by t. hc Plii j nt i 5 f , Ln 1: r n {', re - .; . :;o 1 .1:; i. < j n .- {: ' i: i i i ed H h r> 1. h a n tl 4 RrcfCirt e i : .iir' f o/ the S L a l. r ol Texas, <. i i b v 5 o f;: <. i > r U.t her ji Hotts. 3300 One Shc.ll Plana, 6 Houston, 'rtixu;:, on the 4th day of September, 15)86/ 7 beginning at 2:10 p.m., pursuant to No Lice and the' 8 following stipulations and waiver of counsel: 9 10 11 12 13 APPEARANCES 14 18 16 J3 '.I 1 0 Mr. Lawrence Hadeksho, Attorney at l.aw, 1 9 0320 Gulf Fjrcoway, Suite 2 10, Houston, Texas, 20 7 7 007, and Mr. Robert E. Hal lard, of the law firm 2 V of Abraham, Watkins, Nichols, Hal lard, Onstad R 2 2 friend, 800 Commerce Street, Houston, Texas, 2 j 770 0.:, appearing for the Plaintiff. 2d 25 WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012465 3 1J /. A !! j- . Art h xi i S 1. i in :.i, of I h c* 1 <: u firm of i* Mcanr:;. Uakor b Uofcts, One Shell. Plaza, flous ton, 6 Texas, 77 002.. appeari ng for The A;: bee ho 5: Claims -I 7 Facility. n D J 0 Mr. R . Paul Tetter, of the law f i r la of 1 i Messrs. Baker & Bo tts, One Shell Plaza, Houston, 1 2 Texas, 77002, appearing for Ruboroid Company. I3 16 j 5 Mr. Jeff McClure, of the law firra of 1 6 Messrs. Butler & 8 ini on, 160 0 Allied Bank Plaza, 17 Hour ton, Texas, 77002, appearing tor I? ay mark. 1 0 Industries. is> 20 i 21 22 23 24 ?.r> WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012466 4 I t ir, st j pur, atp:n a t<o agi?i:p:n by ,i ml ') lie tween counsel for l bo rcspcrtivo parties hcrrl n: 3 '!'h a I. h his ,u:pns i l..i oil i bui mi l.uk'.n 4 pursuant to 1 he Ftidcral Kul ss of Civil Prcsot'tl m . b That I. ho original of 1. h i J rioposi Lion 6 shall he presented to the attorney for The 7 Asbestos Claims Facility who shall in turn submit 0 it to the witness for his examination and signing 9 before any notary public, and thereafter said 10 attorney for The Asbestos Claims Facility shall 11 return same to the officer taking this 12 d eposition. 13 14 lb 16 17 10 19 20 21 2? 23 24 25 WORl,DWIl)K COURT ll K V 0 R TIC U 5 , INC. HOUSTON (713)200-0015 UCAREF00012467 I jouh r-. fi yi:uL", 2 liavi Tin boor- 1. j r s l. ti ti 1 * ' :: i.*o r i). tea 1 5 f i cd upon his i o a Lit .i" o ! 1 o w:; ; 4 5 j.'XAin t Tc:i 6 7 QUESTIONS BY MR. MADKKSHO: 0 Q . Would you si: a fco your full name for the 9 record, please*, sii . 1 0 A . 3 o h n I,. Myers. 1 1 Q. And how old a gentleman arc you? 1 2 A . F ifty-eight. 1 3 ft. And who are you employed by? 1 4 A . KCAC Incorporated. 3 5 Q - You'll have to explain that for us. 16 A . That's the name o i: the company. It's ] 7 just lettcj b. in Q. Is this a subsidiaty or does it have 19 some affiliation with Union Carbide? 2 0 A . No, it. doesn't. 21 MR. STAMM: The witness 22 MR. MADEKSUO: Let's go off the 2 1 record a minuto, 24 2 5 (Discussion off the record.) WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)2H0-0015 - UCAREF00012468 u 1 o /. O. (!'. y Mi . M ',(*: k h t> ) Mi . Myrrs, y o \i ui c * t a r.i i 1 i a r .;j l h Un i m, i. :*!i i di: . And, as I under.'! Land 4 j l f 2 or. 1 .1 1 } '> ;:o '> i h _yoi:\- .1 ni/voj: Mr. S I am.:, you 5 liavo boon under siuie typo or contract with them 6 for some: pr i iod oi: time; in that correct.? 7 A. Mot a contract, no. I've been -r*"% 8 employed by them. 9 Q . You have been emp J oyod by thein. When 10 were you employed by thorn, sir? 1 3 A . 1n i95 1 . 12 Q. . And in what capacity did you first go 13 w j. t h t. h e corporation? 14 A. An hourly employee. 15 Q. With what division? 16 A . The Nuclear Division. 1 7 Q . I.cl's back up, if we could foi a 10 minute, and try to gel. an understanding as to the 19 organication-of Union Carbide at the time that you 20 were employed with them in 1951. Could you give 21 us some explanation in regard to the organization 22 concerning its divisions and functions? 2 3 A . No, I couldn't - - you mean of the 2 4 whole corporation? 25 {> Yes, sir, if you could. WOHLDW] 0E COURT REPORTERS, INC. HOUSTON (733 } 280-0035- UCAREF00012469 T 2 . t.\, . ]_' caul d n.. ' l u I-, i i. i.) i 1. L in . . f w.n; 2 < mp 1 oy>' cl by 1 In' `lucl cm: n : vi k? on find had ] .i I I 1 ' -- I hat} n.> i: iiui.iii- i; with oLlic," ol: the A c o j or. / t ; on . ft Kci n you To.! j liar with the lad an to 6 whether or not Union Carbiilu actually had other 7 divisions? 8 A. Yes, I probably was. 9 Q . At that time In 1951 or at this time? 10 A. At this time I am for sure. 1 1 Q. Okay. What we're trying to do, Mr. 1 2 Myers, obviously is just find out information 13 about Unit>n Carbide in regard to some specific ] 4 items. And I'm sure you've had the opportunity to 15 discuss these items with Mr. Stamm, have you hot? 1 6 A. Yes. 1 7 Q . And you've had a r: opportunity to see 1 8 this list of tnesc approximately nine items? 19 A. .I've had the list read to me. I have 2 0 not seen it. 2 1 {) . Okay. 22 MR. BALLARD: Excuse me. I'd 2 3 like to got ,i copy of this Notice made and 24 attached to the deposition. 25 WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 13)'2 0 0- 0015 UCAREF00012470 IS J (Exhibit No. 1 mr. rkf'd /or 2 :i deni if.ic<itjon. ) 3 A (! . (Hy Mr. Mudeksho) Mr. Mvers, when did 5 you f i r;; L .leave Union Carbide? 6 A . As an employee? 7 Q. Yes, sir. B A . On Juno 30th of 19B5. 9 Q. When you were first employed in 1951 10 with Union Carbide*, with the Nuclear Division, what 1 J were your duties at that time, sir? 12 A. The first employment was primarily a 1 3 waiting period to become acclimated to some of the 1 4 operations that were going on. I was actually in 15 a bull pen, as they call us. All new hires 1 f. were -- I guess just an educational period for 1 7 some months until I took over, was actually given IB some duty. 19 Q. -What was your educational background 20 prior to being hired by Union Carbide? 21 A. I have a R.S.Ch.K. from Purdue 2 2 University. 2 3 C> . Did you have any studies in 2 4 furtherance of any graduate degrees after hiring 2 5 on w i t li Union Carbide? WORLDWIDE COURT REPORTERS;, INC. HOUSTON (713)2B0-0015 UCAREF00012471 9 I A . C (> . n 0 . 'f'br; Nuclei i lj v t r; .i :> ;i of Union Carbide, i r.i I i y ti`r),h i: i; n .t t. j o o did they serve Cue h A c o r-p or;- t i :> u V b A. viioy operated loci lilies for the a A 1: o m .1 c energy Commission. ' -r--* 7 Q. And so engaged in that particular type B of activity, what types of nutorials did they 9 hand!e or process? 1 0 A . I can only speak i: o t ll c* 1 o c aiioiu: 1 1 where I was. It was primarily uranium. 1 2 Q And what location was that. sir? 13 A . * This was Oak Ridge , Tenness ee . J 4 Q During your tenure wit h the Nuc lear 15 Division, .. nd, by the way, were you with the 1 G Nuclear Division up until the time t: t you 1 e t 1 7 Union Carbide in June of 3935? 13 A . No. 1 9 _Wha l o ther divisions werp you with 20 other than the Nuclear Division? And i you could 2 3 give ine sone 1 ype of ti inc reference, I'd 2 2 appreciate that. 2 3 A. I was with !.!ic Nuclear Division in 2 4 Paducah -- in Oak Ridge, Tennessee and then 2 5 Paducah, Kentucky from `51 until 3966, at which WORLDWIDE COURT REPORTERS, INC. HOUSTON (733)200-0015 UCAREF00012472 ]0 1 i I.! f! 1 i. r -a n I im r od to h h r Metals Division in 2 Niagra Falls, New York. 3 i n i 96 7 , r won h i n Lo t-ho Chcnica 1 s a nd 1 l'lnstic? D:i v i :i on and transferred to the asbestos 5 ni.in.ing and milling operation in King City, 6 Cali f urniti . 7 In 1970, I transferred back to Niagra (3 Falls in the Metals Division as Marketing Manager 9 for Asbestos. 1 0 In 1983, I transferred back to King l J City, California as Product and Production Manager 12 for the Asbestos Operations. 1 3 Q . * Mr. Myers, when did you first become 1 4 familiar with the fact that Union Carbide was lb either buying, processing or selling materials 1 6 containing asbestos? 17 A. Probably when I was approached in 1966 1 0 about transferring from the Nuclear Division to 19 the as bos Los operation. 20 Ci. And this was in King City, California, 21 wa s it not? 2 2 A. No, first Niagra Falls. 23 Q. Niagra Fails, I'm sorry. 2 4 At what point in time were you 25 transferred to the King City asbestos mine in WORLDWIDE COURT REPORTERS, INC HOUSTON (713)200-0015 UCAREF00012473 il 1 C. ! ! f i: mi 2 A . 1 n 1 ) C 7 . *> ) . 1967. l.'hai ji ii n i: r oi. the JiW'Julion war 'i that ji.i r i: 1u 1 . .vine in? Kas it: first beginning 5 or had i ho tjIdc 1m en in operation fox a number of. 6 years? . 7 A. The mine and m51J were started in o 1963 . 9 Q. Okay. 1 0 A . I'm sorry. The production war. started t 1 in 19 6 3. 1 2 Q. While you were also with the Nuclear 13 Division,* weren't, you also involved with 1 4 processing of asbestos fibers and asbestos ore as 1 5 well? 1 6 A. In t h e Nuclear Division? 1 7 Q. Yes, sir. 1 B A . No . 19 12 -Who was the president of the Nuclear 2 0 Division at that time with Union Carbide? 2 1 A . I don't remember. 22 0 Was it Mr. Lyman Bliss? Does that 23 name sound f a R! j 1 i d 3 ? 24 A. J know the name, I don't know that he 2 5 was p r e j: i d e n 1. . WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 1.3 ) 20 0-00 15 UCAREF00012474 l 1 u . A 1. the t i m e 1 ho 1. VO II went. I. ( i wo r!; i n 2 1 9 (. 7 w 1 1 ! i , 3 b t: 1 i c- vp it wa, t h e Me La 1 s and Min1n q ... D L v I 'i o 7 4 i>* * Mining and Met ill s . 5 Q . Thai: was the proper I.i 11? 6 A. Yes. I'm sorry, it was changed latex 7 to the Metals Division sometime. That was '66. 8 Q. Are you familiar wit hi a gentleman by 9 the name of B. R. Buck, Burton Buck? 1 0 A . I think T remember that name.-, ye:::. 1 1 Q. And who was he? 12 A. . He might have been, T think, personnel 13 perhaps. " 14 J . Was he not the president of that 1 5 division? Does that help x'efresh your 16 . o n 1 7 A . Not. th.it I know of. 1 8 Q. What is your understanding an to how 19 long the asbestos mine at King City had been in 20 operation? 2 1 A. It was started in 1963. 22 Q. From whom was Union Carbide purchasing 2 3 their asbestos f i b c: r a prior 1 o 1963? 2 4 A - I h a v e n o i d t; a . 25 (2. Who were they p u r c h a:: .i n g the asbestos WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012475 33 ! in 19 0 3 duri n>'i Lh<; Li in': Mint you were 7 i/iVulvi'J wj Mi Mir. Metals i:;id M: n i n tj Division or J L Mining _> n .1 f! < I. n .? ' Division i . {-.'Jiif'h 1 ocii i i on ? J don't' -- (: t> . A r. any locution, sj r. 6 . I ' m not fun i 1 i a:- w 1 t.h tha L . T ti a t ' s 7 no I. in a-.y -- I'm not familiar wi Lh that. r* Q. Arc you familiar with the fact 1 hat 9 Union Carbi de purchased asbfistos fibers from ot.hor 3 t) companies? 1 1 7i. I became familiar through the years. 1 2 I don't know when I gained that knowledge. 12 Q . * With whom did you become familiar with 1 4 as l.o the source of supply of asbestos fibers to 3.5 Union Carbide? 3 C A. I was not involved with supplying 1 7 asbestos fibers. i a (). No, sir. I'm-- 1 9 A. -You mean from other sources? 20 Q. Yes, sir. In regard to from whom 2 3 Union Carbide was purchasing their asbestos. 22 A . N o , I'm not fnmili a i- with tha L . 2 3 o . Y o u wore aware of Lho fact 1: li a t U n i o n 2 4 Carbide did purchase 1 a r g e* quantities of a sbest.os 25 fibers from other suppliers, other manufacturers? WORLDWIDE COUI.'T REPORTERS, INC. HOUSTON (713)2 HU-00 15 UCAREF00012476 r 3A i A i. w I'. .1 t. t. i fn e !. s' a in o ? 2 Q At. any time friimc. 3 V c. s . A ii. And what, time frame are wo talking 5 abou L, let's take .it that way? 6 A. And again, il depends on what your . -i* 7 definition of large quantity is. B Q. Well, let's use -- y A. Probably in 1970 when I became 1 0 Marketing Manager. 1 1 Q. Let's say a million pounds a year. 1 2 A. A million pounds. What is that, 500 13 tons? * 1 A Q V e s, sir. 1 5 A . Yes, I -- 3 C Q (3 o u 1 d that sound -- 1 7 A . I assume so. I'm not sure of 1 B quantities . 3 9 (> -Or would that be a little bit .low? 20 A. I have no idea really. I was not 2 3 involved with purchasing asbestos. 2 2 G. Are you familiar with any other sites, 2 3 other than the King C.'it.y Mine, as to where 2 5 asbestos ore was processed by Union Carbide? 2 5 A. It was not processed anyplace else. WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 13 >200-0015 UCAREF00012477 1 } ' O 1 !u; i l hnn K i n<; C i t /? A A T ii m l' ' r. t h c o i) .1 y f. a r i 1 5 t y , yes, t. h c o n .1 y o po :vi ` ' o n . A . Picl Union Carbide have any other 5 ASbeatos mi no a other than the King Ci I. v Mine? I'n 6 not limiting that to the United Stat.es. I'm 7 talking about Canada and South Africa as well. 8 7. . I have heard or boon not directly 9 involved in an asbestos operation in Zimbabwe. I ] f; don't think it has operated ox been operated for 11 sometime. 12 Q. Is that llcarMinerals, mineral fibers? 1 3 A. * I don't know. 1 i Q. When did you first become' aware that 15 they had an asbestos mine in Zimbabwe as well? 1 f. A. 1 can't remember t h a t. I 7 Q. Approximately, sir, whatdocade? 1 8 A. What decade? 19 Q. -Yus, sir. 20 A. The seventies. 21 Q. Early, mid, lateseventies, if you 2 2 can? 2 3 A . I couldn't t <* 1 .1 you. 24 Q. bid Union Carbide also sellasbestos 2 5 fibers to other consumers? WORLDWIDE COURT REPORTERS, INC. UOUSTON (713)280-0015 UCAREF00012478 l (> 1 t. . O'; Ixi f LliiJP t hr use I ve:: ? *I . o . Yis, sir. 3 A . V.-.3. A (> . And t. o whom d j d they also s<\l 1 the 5 iisbeatos fibers? 6 A. You mean a lint of custoinerc? 7 Q. Yes, sir. n A. I couldn't, remember all of our 9 customer names. 3 0 Q. Well, let's go back and try to 1 I remember the ones that you can. 12 A. Oh, well, Kentile Floors, GAF J 3 Corporation, CJvalde, Armstrong. 14 :) t . Company? i r. Ml?. BALLARD: Armstrong Cork THE WITNESS: I don't knew 1 7 whether it was called cork. Armstrong BuiJding i n P r o d u f. L s 3 think it was. 1 9 - MR. BA J. LARD : Thank you. I jus 20 wanted to c .1 ar.i fy that. 2 1 A . Ce1o tc x. 22 C> (By Mr. Mcidcksho) Fibreboard ? 2 3 A . M o t that I recall. 24 Q You were familiar with the fact t h a t 25 I'ibjcboa r d had a large number of plants in the WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)2H0-0015 UCAREF00012479 17 I i' n! C.V 1 : . ti n i .i . w ;<:!! not? 2 A. Mo, '[ *.n Tint (nnll.in.r thal t hoy had a y 1 a ' fi i mi nl-< : i. f a i . n i.:; . 4 (> . c-11, you ' (*: 1 ;n j 1 j a r wj i h the. tact Lhit (toy haii ,i number of: plants in the SLatu ot c Cn 1. 1 f ornia , a tc. y ou nc>t, s j r ? 7 A. I'm familiar with one. / 8 {) . Which one is that? Emeryville? 9 A. Somewhere in the Bay Area. ] 0 Q. Emeryville La an the Hay Area, is it 1 1 not? 1 2 A. Yes. 13 Q. * Arid how did you become familiar with 11 the tael: that. Fibrcboanl had a plant at 1 5 Emeryville? 1 6 A . I can't remember that. 1 7 Q. Do you recall the extent of any sales 1 8 that were made to Fib reboard during the period of. 19 time that you were with the Mining and Metals 20 Division? 21 A. To my knowledge, there were none. 2 2 Q. In regard to the general knowledge 2 3 that yon had a l. the Lime that the asbestos fibers 21 were being mined and sold by Union Carbide, what 2 5 was your understanding ns to t?ie use of the fibers WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)2(10-00 15 UGAREF00012480 1 Cl ; hy the p ; r c h a :: e. r : ? I J-. b'h.'l. ()o you mean t/hai w u my u nd' r : c,- n (J i n V 0 . V o u jr u 7i d c r. ! <i ri d i n ci i:: i o w h a I t. h < a :> h r u t o;i I ii.n;:; wui'ti o lie use cl Lor. 6 A. IJcill, 5. Ti a wide- range of i ridn;: t ri d 1 7 products, vinyl asbestos floor tile. i 3 * 1 t: 0 3l Q. Ik that l.U:c 1 he floor tile 1 lidt wo 9 have in our homes? 3 0 A. 1Z you have vinyl asbestos; floor file, ; i 1 I y o a . T here arc -- >! 12 Q . T ' m sorry, I don't mean to cut you 13 off, but the vinyl asbestos is a type of product 1 A that's commonly used in homes and offices and 153 hos p i to1s and schools and things of thal nature? 3 6 A. Yes. yes. 17 Asphalt roofing compounds. 1 0 () . Let me just asl: v ou s ome t h i n y about 19 the asphalt /ool'ing compounds. Would the asphalt 20 compounds that tied the asbestos also be used for 2 1 roads and parking lots and things of that nature? 2 2 A . No. 2 3 i> . Go ahead. I'm sorry. 21 A. The pulp andpaper industry. Various rosin applications, tape joint compounds. WOHI.DWl !>!.: COUNT HBPORTRKS, INC HOUSTON (7 13 ) 200-0Q15- UCAREF00012481 I A c: (' u ' ii'.' i s: < : ! i 1:<T I. I 1 i` . 1 , < : I' i: (' . o er 2 TV .1 r. f O re C ;.| < 75 : c; >.'t r o c <; 1 .1 1 ' :.! miic l. he. `C r. other.-,. 1: i! t T r.r n ' i. roraLl any- O. lc-t ' back up now, 11 we could, : r r, regard i:o the vinyl asbestos floors that the 7 asbestos fibers were b o A n g used for and bed mi sold 8 to other maniifacturcrs of these products. To whom 9 do you j oc.a 11 the asbestos being sold to that 1 tJ would use that in the manufacturing and pi eduction ; i and sale of vinyl asbestos floor products? t 2 A . That would be Kentile, GAP, 1 3 Armstrong". Another customer I didn't mention, 1 4 American Diltri. te. Uvalde. That should be about 15 all o the -- 1 6 Cl. What about C<?1 otex? 1 7 A. They didn't manufacture floor tile, to 10 my knowledge. T.f. they did, wc didn't sell to 19 there. - 20 Q . At the same t. i in e was Union Carbide 2 1 a 1so using asbestos j bers to manufacture and 2 7 produce and sell vinyl asbestos floor tiles 2 3 t h e mo 1 v e s ? 21 A . No. 2 5 Q . Let's qo to flic next area that you had K0RLDC1DK COURT R 1% PORTERS, INC. HOUSTON (71 3)2 II 0-00)5 UCAREF00012482 20 I. ui e n h i o nr d I. n us in regard ho the asnha 1 I: roofing. The aucslion with regard to the m.wiuf ac tunirs I the I. you "<?; 1 I t.Iiu I. [in i on (,\i j t>j (Jr* s o l <i 1 ho i r n asbcrttis fibers to for the m.iriul ncturo ni.c.1 5 produi'Lion and sale of various asphalt roofing f products. 7 A. Monsey Products. Those arc mainly " fl small -- let's see -- I think there's one called 9 World Asphalt. 10 Q. Now, when I'm asking this, sir, I 1 1 don't mean for you to limit your enunciation of 1 ?. these various manufacturers to the ones that we've 13 discussed"previously. I want you to go ahead and ] 4 include those in each one of these areas of 1 5 products that you mentioned to us earlier. 16 A. I'm trying. I think Cclotex used our l 7 product in a roofing material, but I don't think 1 fl it was asphalt. 1 can't remember. 19 Q. .What about GAF In regal'd to the 7.0 roofing materials? 21 A. No, not. to my recall. 1 can't recall 22 any of the other roofing manufacturers. 2 .'t Q. In regard to the names l Jiat you liad 2 4 :a anti o n u d e a r 1 i e r as to t h o manufacturers of t: h e 3 e 25 asbesl os- containing product.s to whom Union Carbide WO I? LDWTDFi COUNT REPORTERS, INC . HOUSTON (7 13)7.(10-0015 ' UCAREF00012483 2I ) w.i:: I i nn the .* r m <' t; <:; : ,> < , w; h, d d.i ncnsr.sMl a 2 nui:,bcr ol 1 hr u he r <. .< nd 7 just wa n t. to a1: you I *i l>o u I .-.nee <!. t i i > j < > ')'. ('; , . '< o u h a. d i. nd I r. a r i: d l.lu t n you di dn ' i : or;: 11 or J o >.;h r-1. h c r or not Union 5 Carbide S o ! <1 their Lx:;; ko;: L' i hfU':: Lo F i. bro board . 6 Bhnt. about Owcn.'j-Corning, sir? 7 A. We have sold asbestos to 0 Owens-Corning, yen. 9 Q. And this was during what period o 10 tine, to the best of youi recollection? 1 1 A. Oh, in the -- probably in the mid to 1 2 late seventies, perhans early eighties. I'm not 13 sure when-they stopped purchasing. 14 Q. And as to your recollection and you) 1 5 knowledge, for what was Owens-Corning using the 1 f, asbestos fibers that y o u a 11 wore selling them 1 7 during that period of time? 1 fl A. It w a s used in polyester resin. 19 Q. .Aiul the polyester resins are used in a 2 0 large variety of products, are they not? 2 l A. Yes, T assume they are. 2 2 Q . Could you i. e 11 u s s a in c e t the more 23 common products that we know of Lhat consist of 2 4 the poly e s t e.r re s 1 n;; ? 2 5 A. Roat hull:: is one and shower WOjn.PWIOK COUNT REJ'OHTEKS, INC.*. HOUSTON (713)280-0015 UCAREF00012484 72 I onc.Lnui't;a f j t osml) i 1 n boil i e T h a 1. ' s <i 1 .1 1 c <i ii think of. (J . Okay, uc ' 1 1 coac bar!: and I'll diiicuss 4 some other of: those plastics and products; with you 5 a little*, bit later, but I uant to move on to 6 a n o t h or area. 7 You had indicated that youall were ; also selling it to the manufacturers in the paper 9 arid pulp industry. Which ones, to which of the 1.0 manufacturers in the paper and pulp industry do 1 ] you recall that Union Carbide was selling their 1 2 asbestos fibers? 13 A. - Boise Cascade. That was really -- the 1 <\ market was essentially out when I became Marketing 15 Manager and as I'in trying to remember. 1 G Q. Did youall also sell some to Champion? J 7 A. I think 3 remember that name. Most of 10 the major companies ran trials. Unfortunately, 1 9 little salej; developed and no continuing sales. 20 That's the reason I have a hard time remembering 2 1 the n a me s. 22 Q . Do you recall also selling the 23 asbestos fibers to Owens-Illinois in regard to 2 4 their wood and paper pulp operations? 2 S A . No . WORLDWIDE COURT REPORTERS, INC. t HOUSTON (713)2110-0015 UCAREF00012485 1 n o you ro mo pi bo r i n ;/ h .1 I: e o n n o c i. i on 2 Uni on C.,1 t ' I dt 'nr- :: o. .1 ' i nr.; n.shrrl on f i born 1 o * f'wiuui-1 I I i !'.: durian voiir L:uiaru will! them? A 2. my knowledge, wo did not. t <> 5 Owe n:> -1 L 1 : n . 6 Q. ! J <; vc you since learned from whom 7 Owens-Illinois was purchasing their asbestos 1 fiber::? ' 9 A . Do I know? 1 0 O . Ye::, s .i r . 1 I A . No, I don't. 1 2 Cl Hy the way, Mr. Myers, in regard to 1 3 ycur King'C i t y Mine, whaL type of asbe 13 t O S f 1 b e r s ] 4 did t. h a t m i n c consist of:? 15 A . It would be short fiber chrysotile 1 6 asbc sloe . 3 7 c: Just the chrysotile, the s h or t f .i b c l 1 0 chry o L i 1 e ? 1 9 A . .Short fiber. 2 0 Q . How many different grades did you have 2 1 out. there. :: i r ? 2 2 A . One. 2 3 Cl And what grade w.is t. hat? 2 4 A . w c: don't: class: Cy it by - - i C you' r o 25 talking niioxit Canadian grades, it would all be WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012486 1 i i'. i 1. a i. .> Crude 7, Or,uie ' KM, t/h r h i 1: h e ? t .... . C..\ .i C lr, qx a - i' !i ti , a i o .. i 7) rj;gt T tl i. O <> r Zimbabwe 7! r: a . r 41 a I type: of as 1 > <:u f o:: f .1 h u r d J d that m .1 n c rJ- prod UC f , Z . ) .# J . f, A . K c. 11, VO V. nay produce . I ' n not sure 7 t h a 1; i t. ever produced n p . Right. I undcTstand. Some of. 5 L 9 might. be a littLe fuzzy to you, but I'm simply 1 0 j u rl tryino to got your bent understanding. 11 A . You said produce. I have no knowledge 12 i t. did produce anything .13 Q ~ They just simply were mining the 1-5 t. o s ore? 15 A - I'm not. sure it's ever been a 1 G producing mine. The grades tv ere, as I understand 17 it, 4, and 6 . . 1 8 Q Okay, from the Z imbabwe? 1 9 A . .Yes . Rhodesia at that time. 1' h a t w a 20 primarily from U . S . Bureau of Mines report: that 21 I road. 2 2 (> . When did you read those U. S. riurenu 2 3 of Mint's reports? 24 ,'v. Z t. o 1 d you earlier 1 cannot, j c in e >r. b c r . 2 5 Q. I didn't recall us discussing - WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 13) 2 00-0 0 15 UCAREF00012487 ?.!) 1 ] Y o l! k o d tn ci "lien 1 f.ouin; o u t <: bo u 1. n 0 3 a li o u l t !u: ni ru s t h <' j r. . 3 b } t I d i d n ' 1. a S' k .< bout 3* e a din tr .niv U `i S . Ti i:cu n i. If i n c: r, rt po rls. 5 A. L can ' t remnmbor. 6 Q . Where did you read those U . S . Bureau 7 of Mines, reports? 0 A . Probably in Niagra Falls, New York. 9 Q . Didn't Union Carbide also have a i a research and development. laboratory somewhere 11 there in New York, Tuxedo, New York or somewhere 12 close to there, sir? l J A. ` Yes, they have several research 1 6 laboratories. There is one in Tuxedo, yes. 1 5 Q. And is this the .largest one for Union If. Carbide? 17 A . I d o n ' t k n o-w . If 0 Hheic is the other one located there 19 in New York?. 2 0 A. 1 think there's one in Sterling 2. I Forest. Metals research was in Niagra Falls. r 2 2 think there war: some in Tarrytown, New York, and 2 j probably other locations with wnich I'm not 2 A fami 1ia x . ? r> Q. Sir, in regard to some of the WORJ.DWIDE COURT REPORTERS, INC. HOUSTON (713)2. H 0-0015- UCAREF00012488 2(> I ro.i mot.:: i b i J i I. i oy and il u 1. j cot 1.hr. l.;i h<'r;.> to ry nd 'I rcst'iiTdi department 1 horr at Tuxcido and Stcr] .i nq 3 For oat., i a n * J. i I. (.rue t.lioi they worn a 1 a o involved A with 1 he use of. or fryinq to find ne.w ukok for 5 asbestos fiber? 6 A. Not to my knowledge. Although, that 7 was before my involvement. ' a Q. Before your involvement at what period 9 of time? I know it gets a little confusing in 1 0 regard to these years, but. we need to try to keep 11 the record just as straight as we can. 1 2 A. I became involved in 1966. 13 Q. - If we could, I need to go back and 14 touch on some of these other materials that you 1 5 had mentioned earlier about the tape joint ] 6 compounds and as to whom Union Carbide was selling .1 7 their asbestos fibers during the period of time 10 that you're most familiar with. And who would 19 some of tho.ge other manufacturers be? 20 A. The tape joint customers? 21 Q. Yes , 3ir. 2? h . IJ. S . Gypsum, National Gypsum, several 23 small companies in Texas. I can't -- those are 24 the major names that I can remember. 25 Q. Let's move on to the acoustical WORLDWIDE COURT REPORTERS, INC. HOUSTON <7 13 ) 20 0-00 1.5 UCAREF00012489 27 I coiling 1. j J c:: , iiff vwce' rcootui ]ldii , in roqdjd I. o the n nines \ of ninnuf.Triujcn:: who were purchasing and using and 3 producing products containing 1 he a-sbos tea that, 1 you can recall, sir. i i i A. Conwod Corporation. Perhaps Celotex. 6 I'm not sure if wo ever sold to Celotex. 7 Q. Let me just ask you something for a 0 second in regard to Celotex. Were you generally 9 familiar with the business that Celotex was in i i i j i 1 0 during this period of time, in the late sixties? J 1 A. I know they manufactured a lot of - 1 2 oh, in the late sixties I was not fami.liar with 1 3 it. I becano familiar when I became Marketing 1 4 Manager. I know they made a wide' range of 1 5 building products. I'm not any more familiar than 16 that with them. 1 7 {2. In regard to the acoustical ceiling 1 8 tiles, Armstrong was also a manufacturer of those 1 9 products. Do you recall Union Carbide selling 7.0 asbestos fibers to Armstrong during this period of 21 time as well? 22 A . Not. to my knowledge. 23 Q. I recall that. Owens -Co rni ng was 24 also - - well, you've already told us about 25 Owenr-Corning. I'm sorry. WORLDWIDE COURT REPORTERS, INC. HOUSTON (733)2H0-0015 UCAREFOO012490 20 J ff.ivr I. hon: boon any o I'.licr 2 manufacturers lli.it wo have not discussed that have 3 c omo to mind, airV 4 7. . Of ceiling tile? 5 Q. Yes, sir. 6 A. I can't remember another name. I know 7 there was at least one other. Wood Conversion, I " a don't know whether that was I'm sorry, I can't ~ _ 9 remember any others. 10 Q. Do you know whether or not Union 1 l Cai-bide was selling asbestos fibers to any paint 1 2 manufacturers? 13 A. * Yes . 14 Q. And who would those be, sir? 1 5 A. Standard Brands, Keliy-Moora. Fuller 16 O'Brien was a paint manufacturer, but T don't 1 7 think they were using the product in paint. T 18 can't recall any others, 19 Q. -Were you familiar with any of the 20 other mines in California at this time period of, 21 say, from '66 up into the seventies? 2 2 MU. STAMM: You mean asbestos 2 3 mines? 2 4 MK. MADEK5H0: Right, the 25 asbestos mines. I'm sorry. WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012491 29 7 A. Yes . /. (' . (iiv fir. Mo cl ok:: ho) Ariel whirl) ini nr.:: *i j would - !i si:: o bo? 4 7i . VI; c: /'. t Ins A she::to:. Company and b J o h n s - flu n v j lie. r. Q. Anu was tlie Johns --Manvi 1 1 c mine the 7 one. at Coal Inga? n A . Yes. 9 Q . And they were the in a j o r i t y owners of i o t h a i: n i n e ? i 11 A . 1 don't know. i 1 2 Q. Do you know the type of asbestos that 1 3 they mined at that location, sir? 14 A. The same typo as our mine. 1 5 Q. The reason I nc-.ad to ask you about 1 6 that is because 1 have read some of the 1 7 Johnn-Hiinvi lie mining report.:: .indicating t hat they in were mining crocidolile at the Coalinga Mine. 1 9 A. -That's complete news to me. I'm not 20 awan; of any depository in the State of California 21 other than the chrysoti .1 e . 2 2 Q . What, was the monthly production of the 23 asbestos from the King Citv Mine? 24 A . At what, period? 25 Q . At the pe3*i od of l.i ine that you're most WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012492 30 4I 1 ) s: i I 1 ,> r \! i t. h s La r L j ng i. n !; h r ' 6 f, - ' 6 7 v : o i- . 2 A. Probably would range from 25 to 30 3 Uioul.) iid I on.i p i: j' year. 4 0 . hnd of t.hat part :i culnr production, 5 what, percentage: of that would bo used by Union f, Carbide:? 7 A. Essentially zero. R Q. You're familiar with the various 9 operations in which Union Carbide did use the 1 0 asbestos fibers, though, are you not? 1 1 A. Not very familiar, but with some I am. 12 yes . 13 Q. ~ Which divisions are you most familiar It with in regard to the purchase and use of asbestos 1 5 fibers in either the manufacturing, the processing 16 or the production of materials or products? 17 MR. STAMM: To the extent you 10 know. l 9 A. ..Which divisions? 2 0 Q . (By Mr. Madeksho) Yes, sir. 21 A. The Chemicals and Plastics Division. 2 2 Q. And let's talk about the chemical end 2 3 f i rs t. What would the asbestos fibers bo used for 24 i n regard to the Chemical Division? 25 A . That's all one: division, Chemicals and WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012493 $ 3J 1 1. i c 2 tt . K i o h i . I xi n d c r c t a ml that. I know 3 that. 1 undors I. n ltd that. But I want 1. o talk 4 about. first in regard to the: chemicals end. Maybe 5 it's a situation tlx at I have trouble understanding 6 a distinction between chemicals and plastics, but 7 I'm just talking about it in the generic sense. " fl A. Asbestos was used for a short period 9 of time in a -- well, that wasn't in the Chemicals 1 0 Division, but in the chemical called Prestone. 1 1 Q. This is the an Lift* coze? 12 A. . Yes. Well, I'm not sure if it was 13 ant.i free ire or a stop-Jeak formulation. ' 1 4 Q. And what other chemicals was Union 15 Carbide using the asbestos for that they were 1 6 se)ling? 17 A. None to my-knowledge. Ifl Q. Other than the Prestone? 1 9 A. .Yes. 2 0 Q. What period of time were they using 21 the asbestos fibers? 22 A. I can't recall. 23 Q. Are they still using the asbestos 2 4 fibers in the Pres tone at this time, to your 2 5 knowledge? WORLDWIDE COURT REPORTERS, INC. HOUSTON (71.3 ) 200-0015 UCAREF00012494 n? 1 A. fj o I t.o my Ini f'wlodiji'. * 0- Lot's talk now about t ho pi ns tics, if T wo could. You had ibimiI ionorl oor J inr po I ynalor 4 rosins and I'll admit to you that I am familiar 5 with the fact that Union Carbide was involved 6 extensively with that, but I don't know all of the 7 particular products that they were making using ' 8 this particular compound and that's what I need to 9 ask you about. So, if you could simply toll me 1 0 which products you're most familiar with in regard 1.1 to the compounds containing asbestos that Union 1 2 Carbi.de was using and manufacturing? 1.1 A. " I'm not aware that they ever used or ' 14 they ever produced polyester resin. 1 S Q. You're not familiar with that? 1 f. A. I don't believe Union Carbide has ever 1 7 produced polyester resin-. 18 Q. How did they use the asbestos fibers 19 in the production of their plastics materials? 20 A. How did they use it.? It was blended 21 in with the resin. 22 () . h a t type of resin? 2 3 A. The one I'm most familiar with is 2 4 phenolic resin. 2f. Q. And what would the phenolic resin be WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012495 33 1 u sod I ')i , si. ? 3 . Vr a ou .s .i nB u r, 1 i j .i .1 iipp.l i c.il ion. 2 L<> I' ' : go >i tin .ul ,;nd talk about. I hum. 4 A . W l .3 , i r u n ' t. -- I ' n no!. -- you need 5 somebody Li*cm that division. 6 {]. Well, sir, we don't have anybody else 7 from 13*.e other divisions here today and that's t.he" B reason we've got to ask you. 9 A. Coffeepot handles. I think some 1 0 electrical parts like switch boxes. Products 11 where electrical .insulation was is the way I 1 2 understand it. 1 3 Q. * Well, they used that in regard to 14 electrical cable i ti s u 1 a L i o n , did they not? 15 A. I don't know. Not to my knowledge. ] 6 Q. Did Union Carbide ever produce any 3 7 high Lcupcrature refraetoj y products? 1 (3 A. I don't know. 19 Q. .Who with Union Carbide would know 20 that, air? 21 A. I don't know. J suppose somebody from 2 2 the graphite. Is that what you're referring to is 23 that typo of refractory, carbon products? 24 Q. Well, a combination from the carbon 25 division, also. HOUDWIDF. COURT 1JK PORTERS, INC. HOUSTON (7J3 ) 2BO-0 0 15 UCAREF00012496 3 -1 1 A. r would think I h<" 1 would bo who you'd 2 w n n i to talk 1 o, if they oven have a carbon 3 division anyuoro, r don 1 i know. 4 Q There ha a he: on a change* in regard to 5 the organization of the corporation over* the year:; 6 in regard to the reduction in the number of the 7 divisions or the groupings that the corporation 6 presently exist.3 under? 9 A. Yes. 1 0 Q . Okay. If you could, go ahead and toll 1 l us about the various groupings that you understand 1 2 Union Carbide is organized under at this time. 13 A. * I really couldn't tell you with any 1 4 j.ntell igcnce. 1 5 Q. How long did you work with them? 1 6 A. Thirty-four years. 1 7 Q. And you don't know anything about i a that? 19 A . ,lnu said at. this time and I -20 Q. Weil, let's go back to the time that 2 1 you were with t lie in at the end of June last year, 2 2 in * 115 . 2 3 A. There was * Umetco Minerals which 24 encompassed part of the old Metals Division. 2 fi There was -- well, really beyond that I am not WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012497 1 I .) D! i I ' !) i ! h CD I* Oil / I.. lie . l`m u r n L h c r c: 2 wu fi ; 1 r:3 v l)i v i s i c;ri a nil a C o nu in v. r l'/mhif It A D i v ' :: ' i. n i d o n ' i r' m c; ni b f. r j f (MJ'I)OTI w .is .i n c 1 u li i: d A W i t h j ift , Ur. c ! c o . i`a rhun i th ,i n 1: w u s s r: p a i" a If, but I doi' ' : uiiov- whether i i. way a division. There wa:. <> -- they call it I think a Technology Pi vision 7 where they were promoting and selling their ' a technology. 9 & . Mr. Hyern, lot me as): you something 1 0 right cuiok while it's or. -- 11 A . A g Products Division. 1 2 Q. In regard to the Metals Division, did 1 A that a ] so* .include thp processing of magnesia? 1 4 A. Not to my knowledge. Magnesia? ir. Q. Yes, sir. 1 6 A . Not to my knowlodge. 1 7 Q . When you left Union Carbide in ' 0 b, i a what was the use of asbestos, as far as your 1 9 knowledge, as to any process for the corporation? 2 0 A. r am not really familiar- or I'm not 21 aware that they were using it in any products 2 2 other than perhaps acetylene cylinders, which is 2 3 one .1 failed t o mention oai 1.1 ex-. 2 4 Q . T forgot about it myself. 2 5 A. 1 ' in not sure if they're still using it. worldwide court importers, inc. HOUSTON (712)200-0035 UCAREF00012498 3 (. I 1. h'-rr 2 i1 Theii; was anti! he. i ! tom too in regard *> J to th t: ."ale of the f Lor::. !.*o ^ n t-c-o,' l 1 fin ion 4 Carbide ::c'li inn any of thoir line'll io any of i h c: 5 t o b a c. c. o_ conpan ins? 6 A . K C> 7 Q . Arc: you fani] iar with the fa ct that a the tobacco industry was using an bon to:: in thoir 9 cigarettes? l o A . Mo . 11 MR. S T A M M: In their cigarfiles 12 or thoir filters? 1 3 ' MR. MADEKSHOj Both. 14 Q. (By Mr. Madoksho) Union Carbide also 15 had a Canadian Division or al least what was 16 called Union Carbide Canada Limited? 17 A . Yes. 18 Q . And what is the extent of your 1 9 knowledge concorning the mining operations in 20 Canada, sir? 21 A . E s ronUally nil. 2 2 Q How would you become f .i m ! 1 J a r w i l.h 2 3 the other parts of Union Car b d :: w a s <loj ng? 24 W h e n 1` s a y p arts. I'm talking about L h o other 25 divisions as iar as the operations. WORLDWIDE COURT HE V 0 R Tii R B , INC. non:; v n n n i:> ? n n - n n i r UCAREF00012499 37 1 A r>y riMdiiwj n o w s 1 o I'. I. e r s 3. u p p o s c 2 ;i t.ork ho.l dors reports, annual reports . 3 Q. Did Union (.'.if hide have any particular 4 newsletters that would be circulated between t h oir 5 particular divisions on a regular basis? 6 A. Not that I recall. 7 Q. What Lype of information did you -- 8 A. Let me modify that a little bit. We 9 received newsletters like from the Benefit Plans 10 Group telling us about benefit plans. 1 1 Q. Okay, I'm not interested in that, 1 2 sir. 13 - Did the Mining and Metals Division 1 4 from time to time have any type of educational 15 gatherings as far as discussing the operations of 16 that particular division either on a yeally basis 3 7 or on a s o in j - y e a r 1 y or once a month, anything of 1 0 that nature? IJ I 1 9 A. .Yes. 20 Q. And how often would those meetings be 21 held? 22 A. As I recall, they were every once a 2 2 quarter, something like that. 2 4 Q. And what would be the topics of 25 conversation during these meetings? WORLDWIDE COUNT REPORTERS, INC. HOUSTON (713) 200-0015. UCAREF00012500 t 2 3 4 5 6 7 0 9 ]0 11 1 2. 13 14 l5 16 l7 1 0 19 20 21 22 23 2d 25 3 fl 7. . Wo 1 1 I w.i ;< noL .i i. very many, but uu u J .1 y j L wo u 1 d .i 71 v o .1 v c: n rod u a 1. .ion -- w o 1.1 , i us tiallv tivoi y session of! Lhufc started oCC with a n a f. r t. y ionic., r. a f r. 1 y p r o g i c n , cvicwing t h o accident cjiFnrinncn., the injury oxperience. And then doncriptions of each group, each operation within the division would discuss their production. There would be a sales report, a report from the research or the technology department. That's about it.. Q. In regard to the safety discussions, did the subject of duct controls or dust hazards ever come-up? A. I'm sure it did, yes. Q. Do you recall as to whether or not the subject of duct controls or dust hazards was ever a subject of conversation concerning the King City Mine? A . J ' m sure that it had been discussed at some time , yes. Q H a r> t h a t an open pit mine that you had t h e v c i n King City, s i r ? n . f t i s a n open pi t. mine, yes . Q. And how do you go about mining an open pit mine in regard to the asbestos ore? j 1 i i ! i 1 I i WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 13)2110-00 15- UCAREF00012501 I ./ A. fining rippers and bulldozers and what, 'r called s c r a ji c r wagon.';. It's scooped up, that's about it, and loaded into trucks. Q. And at. the time that you were with the King City Mine, did Union Carbide over require the use of respirators as far as the open mine operations, the open pit mines? A . No, they're not required. Q I would assume from that that Union Carbide did not view that as a dangerous or hazardous procedure as Ear as the open pit mining? A. . It could have been, except for the dust control measures which were evident in air monitoring reports that the dust levels were so low that a respirator was not required. Respirator: were made available and many employees wear them. but it's not a respirator-required area . Q. -How did the company go about monitoring the dust levels there at the King City Mine? A . I think in the beginning they used the impinc/er method and then converted to the membrane filter. Q- Do you know why they converted from WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012502 40 1 1.!) o l lii j.* I n 0 : i o the 1111 r.' !> r.i n c ? 7 A . ; 1 Ii i n J; 1>c: r ,< u: c ovc ryho<1 y c: 1 c did. 3 1 I. . recommended kImiujc. 4 [\. Whet w.ic your understanding in regard 5 i: n ! itc j r..p.i f.iji: r :;u: I. hod uf ncaiiurintj dust r. ampler 7 6 L . 1 can't. -- I'm not qualified t. o 7 comment on it. I don't know anything about it. 0 fi. And what was your position there at 9 the King City Asbestos Mine? 10 . In w h a t. period? 1 1 Q. 1966-1967. 1 2 A. 19 6 7? 13 Q. * Yes, sir. 14 A. I was Technical Superintendent. 1 5 Q. And as a Technical Superintendent, 1C what were your duties? 1 7 A. To -- primarily to s tart up a new par t 10 of the plant, and also I had the quality control 5 9 laboratory was under niy supervision. 20 f> . There were some pretty good expansion 2 1 programs going on around '67-'60 with the King 2 2 City Min e, W O J- o there not? 23 11 Ho . We added this new facility, this 24 new system. but it was not a very jb a j o r addition. 25 C - What was the increase in the sa.lc of WORLDWIDE COURT REPORTERS, INC. HOUSTON (7I3)2U0-0015 UCAREF00012503 '1 1 I ' he .v:: l>v. r !. o( i.h'M':; ilui'j mj t. h Ci period oL i.ioc that ? you were .involved wi1J> 1 he; King City As bent or 3 Nine? / A. IL really varied between 25 and 30 5 thousand tons. I didn't include the last Eour 6 years where we're down now to about 15 thousand V tons per year, at the time when I left. \ B Q. And that was in 1985? 9 A. Yes . 10 Q. Have you heard as to whether or not 3 1 Union Carbide's asbestos mine at. King City has 1 2 changed in their production since 1985? Has it 1 3 increased*or decreased? 1 4 A. Maybe I should clarify that. KCAC now I 5 operates that mine and mill. 1 f. Q . I s e e . 1 7 A . I'm s o rry. j n (2. I see. Rhen did KCAC take over that 19 mine--- . 2 0 A. July 1st of 1985. I'm sorry. 3 21 thought you gathered that. 22 (2. I'm a little bit slow, Mr. Myers, and 2 3 you're going to have to take that into 2 4 cons .id oration . ?.n A. I thought that came from the original WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012504 /! I '"P I .i n.i (. .1 on . 2 If you're ft i: J: 1 n ri jibout. the nim:n1 m> I' r n d u c 1 \ n n / i I i s ,i b o u L 10 l.housand t o n :: . A f). A L 1 hir tine? 5 f. . " Uh -hub . 6 Q. Why did Union Carbide sell its 7 asbestos mine in 1985? 8 A. 1 think mainly due to corporate 9 restructuring of the typo .of products they were ] 0 .involved with. The entire Metals Division line of 1 1 products was up for sale. There was someone who 12 purchased the asbestos part of that. 13 Q. - This KC - - you're going to have to 1 4 give me those letters again. 15 A. KCAC. That's not a radio station. lfi Q. KCAC. And what docs the KCAC stand i J for? - 1 0 A. That's just the way it's 19 incorporated. 20 Q. How long has this KCAC Corporation 21 been in existence? 2 2 A. Since 1905. 2 3 o . A n <i h o w did it c o in o Into (*x.i slen o e ? 24 A. To operate the asbestos business 25 purchased from Union Carbide. WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012505 'i 3 ! 0. A n <1 who wo:; i n s r u m o n 1...1 in r orai m; ) KCAC? Wo:: i! Union Ci r ]> i d c:, T a;; r. nine? A, ::r, - 1 h o i Ti'/ns I nrs who piwch.u; i:d '1 t. hr.- bu i n c:s r . 5 (? . A n d who w <:; 1 h ore invent o rV 6 MR. STAMM : T don't think that':; 7 relevant to any inquiry in this lawsuit and -- 8 M R . BALLARD: Put .it: this way, do 9 they have any relationship to Union C a rbid e ? 1 0 THE WITNESS: Mo. 1 1 Q. (By Mr. Madeksho) Do they have any 12 relationship to the GAP Corporation? 1 3 A. " No. 14 (2 . When did you become familiar* with 1 5 GAP's .interest in acquiring Union Carbide? 16 MR. STAMM: Do you understand 17 that question? 1 0 THE WITNESS: No, I don't. 19 Q. -(0y Mr. Madoksho) As far as the 2 0 buy-out. and purchase of Union Carbide's 21 facilities, ot cetera. 22 A. Were they the ones that just recently 23 t ri d 1: o - - 2 4 MR. ST AM M : Just answer to t h o 25 best ol: your knowl edgn, if you have any know 1 edge . WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 ........ UCAREF00012506 T A. 1 roil'd n't. t. r ]. 1 you when. Whenever it: o/. was .in Ihe newspapers , T guess. 3 . (Py fit*. M.'rti'lrhn) Who was 1.ho '1 individual in cha rgc ot the King C1 1.y Minn f or 5 Union Carbide bad: in .Tune of 1905? 6 A. I was t.he Product, and Production nt Manager in June of 19 B 5 . o Q. I see. bid Union Carbide make any 9 products on site of the King City Mine? 1 0 A. Other than asbestos fibers? l 1 Q . Yes , sir. 1 2 A . Wo. 13 Q. * They didn't have a manufacturing 1 4 facility there other than the mine or the mill? 15 A. No, no. 16 Q. Does ICC AC own interest in anyother 1 7 asbestos mines at thi s time? 10 A . No. 1 9 Q. -Mr. Myers, there was another item of 20 inquiry that was listed concerning this deposition 21 and that was the membership in the AIA/NA. And we 2 2 would like to ask you when Union Carbide became a 2 3 member of AIA/NA? 24 A . I n 1 9 7 2 . 25 {>. Do you know why Union Carbide joined WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012507 1 A1 A ? ? A . Ho. J .I i! !*< you know who l.hrT or rol. DnioiJ 4 Carbiilo : 1.11 L a mo ah or of AIA when you loft. r| Union Curb'i dc ' i. j unc o f- 3 5 0 5? 6 A . Yes . Oh , when I left? 7 a* V-* <- Se- / sir. 0 A . They ;/ ne members until June 30th 9 Q. Of 1905? 1 0 A . ST t: s . 1 1 Q. What is your understanding as to the 1 2 purpose of the AIA? 13 A. * Primarily to disseminate in formation 1 4 concerning the health aspects of asbestos and the 1 r. work practices which would accomplish the safe use 16 of asbestos. 1 7 Q . Who wore the other members of ATA 1 0 during this period of tine, from 1972 to 1905? 19 A. .1 couldn't answer. I'm sure there 20 have been 53 0 to 100 members. 21 Q. Well, let me just ask you about 22 particular ones. Are you familiar with the fact 23 that a A P w a: a tn ember of AIA during the per A o d 24 of -- 25 A. No, I don't think I am familiar with WOKf.DWIDE COUNT REPORTERS, TNC. HOUSTON (713)200-0015 UCAREF00012508 4G 1 t. hn t. . Arc (.iirv a member noi: ? T don't, know. 2 C: . Wire yen f i > Si i 11 a i with the fact t h : t 3 Ra y be:: toe -r; nr.-it l!' , n n < 1* a i. ,i nd Ray in ark, was a 4 mombw c> < 2 5 A. ~ j !; , y t. a . 6 U Were y ou f a m 1 3 iin with the tact that 7 Celotcx was a me inbor of AIA? 8 /%> N o . 9 Q . Wei 1 , it mi glit be easier if you'll 1 0 just 1.1! I 1 me the ones that you are familiar with 1 J tha t were members of AIA. 12 A. Oh, Carey Canadian, Johns-Manvi11e, 1 3 Certain-Teed, Lake Asbestos. SNA, which is the 1 4 Quebec government asbestos companies. I can't 1 5 remember what that stand.: for. Honsey Products, 16 Supradur. 3 7 f) . What about N i c o 3 o t ? 18 A. Nicolet. I think KenLilc was at one 19 time. A in e r i &a n Biltrit. e. 20 That's not very good, but that's all I 2 1 can remember. 22 Q. If that ' s exhausted your recollection, 2 3 t h a I. 'it f i n n . 24 Mr. Myers, would you give us the 25 definition of AIA/N A fo r the record, please, sir? . WORI.DBIUE COURT REPORTERS, INC. HOUSTON (7 13 ) 2 HI) 0 0 1 5 UCAREF00012509 Norl.h :.ncr.i ca , Do yon know ulirfhej- ox not. A.IA/NA was af lii lUtod with any other similar organisation:: in Europe 7" A. What do you mean affiliated with? K-n Q. Was there like a sister organization " for manufacturers and companies in Europe? A. Mo. There is an international association -- Q. That's it. A. -- which is made up of associations. It's an association of associations. Q. And could you please give us the proper title to.- that international organization? A. Asbestos International Association. Q. And was Union Carbide also a member of that organization? A. _T h a t is a group of associations. There are no individual members. Q . So, j E you ' x-e a member of a smaller organization, that is part of the whole? A. The association is part of: the association, yes. Q. Did you ever have. t.hc* opportunity to WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 1 -? ) 2f)0-0 0 15. UCAREF00012510 4n I 1. r. n <1 a n v 'i I. 1.1m A 1 A m o o t. .1 n <7s ? A . V c: :: . 3 Q And which mco t ;i r>a,did yon nil end A during whet years, sir? ?> A." In May of 1986. That's all. 6 Q. Who was the representative from Union 7 Carbide: or did Union Carbide have a representative 0 designated to attend the AIA meetings? 9 A. Now, as I said before, that's an 1 0 association of associations. There are no company 1 1 members. 12 Q. Okay, I'm talking now not about the 1 3 international. I'm talking about the Asbestos 1 4 Information Association of North America. I'm 1 5 sorry. 1 6 A. Then I need to have the question 1 V again. 1 f! Q. Who was, or, it you know, the IS representative from Union Carbide that attended 20 the A1A/NA meetings? 2 1 A. I have attended several, Mr. Thurbcr, 2 2 who was my boss. Or. Hhodes. That's about all 3 2 3 c an re c. all. 24 Q. Wore y o u a 11 designated by Union 25 Carbido to be representatives for the corporation WOHI.UWIDK COURT REPORTKR.S, INC. HOUSTON (713)200-0015 UCAREF00012511 49 1 at these no:: Lings? 2 A . 1 don't ttii nk the corporation 3 designated people. It was primarily who was in 4 charge of t.hr asbestos business or who had some 5 management position in the asbestos business. 6 Q. How would youall find out as to when 7 the meetings were goingtobeheld? *` 8 A . By 1etter. ' 9 Q. From whom? 1 0 A. From the AIA/NA. 11 Q. Were you on theirmailing list? 1 2 A. Yes. Hell, I am on their mailing 1 3 list. I "have been on their mailing list. 1 4 Q. And Dr. Rhodes, tell, us who Dr. Rhodes 15 i s . 1 6 A. He is a former Union Carbide 17 employee. 18 Q. He was with Union Carbide at the time 1 9 that you went to work for them, was he not? 20 A. I don't know. I don't think so. I 21 don't know when he was hired. He was hired after 22 I was, I think. 23 Q. Whal was his position with Union 2 3 Carbide? What did he do Cor Union Carbide? 25 A - I can only speak for the period from WOHLDWTDK COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012512 .'303.. r probably j 9 0 o * early 1 ? '/ ho hoc a mo a part of *1 t ho a r. l>c t os marketing group. 3 o . link', In rcii.ird t. u the marketing group 4 thal w a:: Involved with marketing Union Carbide's 5 asbestos [H'O'lur. Is, whore was that particular C division headquartered? 7 A. It was not a division, but the a marketing group was .located in Niagra Falls. 9 Q. And what would bo the function of this 1 o particular group? 1i A. To market nsbostos products and do 1 2 product and applications research, in quotation J3 marks. " 1 4 Q . And the research would be done where? 15 A. In Niagra Falls. 16 (). At. one of the two --at Niagra Falls 17 itself ? 10 A. Yes. 19 Q . _H h a L typo o E research did thi3 20 particular group do at Niagra Falls? 2 1 A. The looking at now products, new 2 2 applications, quality control, air monitoring. 2 3 That's about it. 24 Q. How long had they been doing this 25 particular- type of work at Niagra Falls? WORLDWIDE COURT REPORTERS, INC HOUSTON (713)200-0015 UCAREF00012513 51 1 2 A . T I: v. in 1 5) 7 0 . I'm sorry. You noun t h c ra a r It e t j n cj J 'ji'oiip or l.ho rosii-irch? .1 Q. The: rcsearrh, s.ir, I ' rn sorry. 5 A I was involved only -- starting in 6 1966 is when I'm familiar with that there was 7 product application work being done at Niagra J r B Falls. 9 Q. And then you became the manager of the 1 0 marketing group in 1971? 1 J A . ' 70 , 1970 . 12 Q. 1970? And as the manager of the 13 marketing- group, what were your activities on a l 4 day to day and week to week, month to month basis? 1 5 A. Primarily, as I said, trying to 16 increase sales, develop literature and supervise 1 7 the work of the applications, new products and new 10 applications. 1 9 Q. .As the manager of the marketing group, 20 were you familiar with the various plant locations 21 where Union Carbide was using asbestos fiber in 2 2 their products? 23 A. Nothing more than I've already 2 4 answered carliei. 2 5 Q Well, what were the locations of the WOREOWIDK COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012514 -re3i. 52 1 plastics that Union Carbide was inanufac iur ing that, 2 they were u s .i n q the arbentos with d \i r .1 n g the time 3 that you were with them? 4 A . Hound Brook, New Jersey. 5 Q'S Any others? 6 A . Perhaps Marietta, Ohio. 7 Q. Go ahead. A ;1- o A . That's the only ones I'm familiar 9 with. 1 0 Q. You're not familiar with the fact that 1 1 they were making these same substances in Texas 12 City, the plant here? 13 A . ~ I didn't know they were. I don't -- 14 t.o my knowledge, there is no asbestos -- no IS plastics production in Texas City that involves 16 asbestos. 17 >. I'm not talking necessarily about at 18 this tine or the last time that you left. At any 1 9 time during ibis period from 1970 forward till you 20 left Union Carbide, not necessarily at the exact 21 time that you loft Union Carbide. 22 A . No. As I say, I am not aware that 2 3 they make any as best, os-containing product:! in 24 Texas City. I have never been aware of that, if 2 5 that's a better way to cover the time frame. WORLDWIDE COURT REPORTERS, INC. HOUSTON {7 13) 280-0015- UCAREF00012515 I ti i 53 r m Whn f. a 1) o u 1 .it Sea drift? A . Not to mv k n u w i c d g e . ik\ r.l !; i.1 n n ^ ci you report to ns the manager o 1" t. h f: r. a rkt'i j v, a qroup? A. Luring tho Lon years, it was various 6 people. 3 . W. Rawlings, 1*. J. Shoj'tsJoftvfi. 7 MR. STAMM: Shortsleevo? ' 8 THE WITNESS: Yos. 9 10 s tend for? MR. McCLURE: What did the F. J. 1 1 TIJE WITNESS: Fiances something. 1 2 Irish to the core. 13 A. " J. F. Collins, G. R. Adams, W. C. 1 4 Thurber. 15 Q. {By Mr. Madcksho) Mr. Thurber is the 1 6 same Mr. Thurber that uc mentioned earlier that 1 7 was also a representative for Union Carbide at the 16 AIA/NA meetings? 1 9 A . Jcs . 20 I think that is all. 21 Q. What was Mr. Thurber1s position with 2 2 Union C arbido ? 23 A. A 1 what time? When I reported to him? 2 4 Q. WelL, during tho period of time that 25 you were tho manager of the marketing group. WORLDWIDE COURT REPORTERS, INC. HOUSTON {713)280-00JS UCAREF00012516 54 II A - flo w.>:> ca ! ] od I'rciJnc I: Goiumm] 2 Mn na go r/A s lien los and "'iincjrl t:n, 7 thin):. > M R . M A!) K K111; 0 : L o t ' :: ijo off 1. h o 4 record for ;just a minute, if we could. 5 6 (Discussion off the record.) 7 0 Q. (Hy Mr. Madeksho) Mr. Myers, also, if 9 you need to take a break, get coffee or stretch 1 0 your legs or whatever, say the word and you've got 1 l it. You're in control here. ] 2 A. All right. 13 Q. - Mr . Myers, did you over become 1 4 familiar with a gentleman by the name of John IS Marsh from Raybestos-Manhattan? 1 6 A . Yes, I know John. 1 7 Q When did you first meet Mr. Marsh? 18 A . I can't recall. 1 9 Q- .Approximately -20 A . Probably late seventies 21 Q- And who was Mr. Marsh, to your 2 2 knowledge? 2 3 A. Ho w a c an employee of 24 Raybestos-Manhattan probably in something involved 2 S with environment, environmental concerns. I'm not WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012517 1 s urn . 2 (}. What was 1 he extent of your meetings 3 ui th Mr . March? 1 A. I've never -- you mean on a one-to-one 5 basis? 6 Q. Kell, either a one-to-one or small 7 group meetings between Union Carbide and A* 0 Raybestos-Manhattan or general meetings with the 9 AIA/NA? 1 0 A. It would only be general meetings with 11 the AIA/NA. 12 Q. . On how many different occasions did 13 you have the opportunity to meet. Mi*. Marsh? 1 4 A. At these meetings, probably fifteen or 15 twenty. 1 6 Q . On fifteen or twenty different 1 7 occasions at t he meet!n g s ? IB A. At meetings, yes. 19 Q. _W h a t would be the total number of 20 meetings that you personally attended with the 21 AIA/NA? 22 A. Oh, probably thirty. 2 3 Q. Ami I think you indicated that you had 24 even had the opportunity to attend maybe one or two of the international organization's meetings? WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012518 Sf, ! A - One mooting. y Q. And whj. eh one wa i; 1 h i. r. ? 3 *_ in M o ! ' 0 <5 . 4 0 . i. Rh od e s: , ua a th.. t.._ Dr . Harrison R. 5 R h o d a? 6 A . Yes. 7 (2- And was he a Ph. D. type doctor or was 0 he a nodical doctor? 9 A . Ph . D . 10 Q And do you know in what particular I 1 field that he had received his doctorate? 17. A . 1 think chemical engineering. 13 Q. * Mr. Myers, when did you first become 14 familiar with discussions of the formation of The 1 5 Wellington Group or the Asbestos Claims Facility? 1 6 A. I've never become very familiar. 1 7 Probably two years ago. 1 0 Q. And how did you become familiar with 1 9 this? - 70 A. Only by hearing about it from Union 21 Carbide attorneys. 2 2 Q. So, this would have been somewhere 23 September in 1904, somewhere in that area? 24 A. I couldn't pin it down to that, but I 25 would say sometime in '04 about. WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012519 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 23 24 25 57 0 How did you como 1: o hear about it fro m 1 ho Union Carbide - attorneys? ' MR. STAMM; I'm going to object to that. Privileged. Q.--__ (8y Mx*. Madckuho) What were the circumstances that this word got to you? A. Just conversation. Q, I don't want, to know what was discussed, but just the general nature of the conversation, what topics? MR. STAMM: Same objection. It's priviJ eged. I'm also going to interpose and object at this time to any questions concerning the formation of the Asbestos Claims Facility. I'm going to instruct the witness not to answer in that it's not relevant, to the litigation that this Notice is given under, nor can it be reasonably calculated to lead to discovery of admissible evidence. MR. BALLARD: Well, let's ask the questions and wo'll get them certified and hassle it out with Judge Gibson and meet back down here again. . MR. STAMM: Or San Francisco. unnr.nurnf! rnfino1 UCAREF00012520 50 I 0 . (Ilv Hr . Mn d n !:s h.-i ) H.-'ve y o u i n c. e. l c:<i rned a s to when Unio n Coi hide was appvoii c.h ed bv J t h o A n !> o s Ins f ` t . i. n; I a <: j L 1. v or The We J. 1 i n a to n - A group? r> A . No. 6 MR. STAMM: Same instruction. 7 Q. (By Mr. Madeksho) Mr. Myers, arc you 0 refusing to answer the question on the advice of 9 your attorney Mr. Art Stamm? 1 0 MB. STAMM: He is. 11 A. Yes . 1 2 . MB. MADEKSHO: Certify that 1 3 question,*please. 14 Q. (By Mr. Madeksho) Mr. Myers, I assume 1 5 that you are going to refuse to answer- any and all 1 C questions dealing with Union Carbide's involvement 1 7 as to time and circumstances in regard to their 1 C involvement with The Wellington Group and the 19 Asbestos Claims Facility? 2 0 A. Yen. 21 Q. And you're doing that on the 22 i nstructi on of yourattorney Mr. Art Stamm, .is 2 3 that car r a r. t. -- 24 A. Yes. 2 5 Q. who Is present hero and WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 13 ) 2.80-00 15 UCAREF00012521 `>n I riiprc::f:ni i mj Use Aube:; ton Claims I'acilitv? o 7i . Y c :j . . MADliiJSKu : Why don ' i v:c take 4 a short broa!:, if wo could. 5 " MK. r.'l'AMM: Fine with we.G 7 (Brief recess taken.) 8 9 Q . (By Mr. Hadeksho) Mr. Myers, arc you 1 0 familiar with a gentleman by the name of J. C. ] 1 Stenhensen? i 2 A . Yes . 1 3 Q. And who is Mr. Stephensen? 3 4 A . Who is he? 1 5 Q Yes, sir. Or was he? 1G A . He was President of the Metals 1 7 Pivirion. i n Q. Okay, the Mining and Metals Division? 19 A . If c s . 20 Q. And this was during the period of time 21 that you were the Marketing Manager? 2 2 A. Yes. Not during the whole time, 1 2 3 don ' L t h ink, bu ?. -- 2 4 Q. And the Mining and Metals Division, 25 L t: * s in y understanding that it was worldwide WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015. UCAREF00012522 f.O t r. y. .1 orV ' o r, a nd m i n i nq; .1 ?. 1- h n I. corrncl.? ? A . Yes. 3 C! . ' ml 1 h t- v wfvc coriccmcu n.1 Lh ! 1 g h ft p u r i t. y a:;L :tos? A 7 W J) o V 6 Q . The Mining and Metals Division of 7 Union Carbide during this period of tine. 0 A. They were concerned with the asbestos 9 operation in King City, yes. 10 fi. Didn't. Union Carbide also use and sell 1 1 asbestos fibers Cor rubber products as well? 12 A. . Well, use or sell? I3 Q. - Use and sell. 14 A. No, Union Carbidedoesn't manufacture 1 5 any rubber products. If. Q. Mho did they sell the asbestos fibers 1 7 to for the the- production, manuf ac tux-! ng and sale 10 ot lubber products? 19 A. _To my knowledge, there was only one 20 company and it's in Ohio. 21 Q. Would it be somebody we're familiar 22 with their name? 2 3 A. .T think 11. S. Rubber was the name. 2 4 Q. Are they the only rubber company that 25 you can recall? WORLDWIDE`COURT REPORTERS, INC. HOUSTON {713)200-0015 UCAREF00012523 C. 1 At v y o u f a m i i r i i h !ln .1 on Ca rl L d c ' s i * l'( A 1 :i t::: !. - i .. i.y g i r: :i } a end a t i. on? Dot L : r ; ; l ha ,jd . )' s rc:i n g in norroao tory answers- only, jf know that they wore 6 a ncuLcr. . 7 Q. You mentioned seeing interrogatory 13 answers. Have you been involved with some of 9 Union Carbide's litigation over the years? 1 0 A. Yes. 3 1 Q, And t his would be, I assume, in regard 1 2 to their asbestos litigation? 13 A. * Yes. 1 4 (> . When did you first become involved 1 5 with Union Carbide's asbestos litigation? 1 G A. I can't remember an exact date, but I 17 would assume in the mid to late 1970's. 1U Q. What was the nature of the litigation 19 at that timtv, Mr. Myers? 20 /. What do you mean by nature? 23 Q. Of the litigation that you were 2 2 involved with cnncerr. i ng the asbestos. What type 2 3 of claims wore being made against Union Carbide 2 4 concerning asbestos? 25 A. 1 don't know. Whatever claims would WORLDWIDE COURT REPORTERS, INC. HOUSTON ( 7 13)2 U 0-001 5- UCAREF00012524 c, 1 bo .i;;oe i <; Led w i !. It a com potty who :t a suppl irr of. a n lie:: 1 n. O . 1_ i "f ' : i f. ye Cell* 'jet 1 f pared- UC>Wf> .1 .. I . tile hi1.. I-'i. yeti coll any pnrnoii: 1 injury 5 claim r: Tio.'-ng mu etc aiia.ln:; L Union Carbide: coiinirni iig (5 their asbent.ort materials? 7 A. Wou.l d thin be you mean someone that B developed a disease? 9 Q . Yen, air J 0 A. Yes. l 1 (> And do you remember the style of the 1 2 case ut cases that you wore involved with? 1 3 A. - Again, 1 don't know the term perhaps 1 4 stylo. 1 5 C2. Okay. In other words, it would be a I 6 situation of John Jones versm; Union Carbide. 1 7 A. Yen, along with -- 1 B Q . The n a in e o the case. 19 A. jilong with many other defendants, 20 yes . 2] Q. And do you remember the stylos os the 2 2 names of some of thone cases? 2 3 A . Well, I. u n d y , Cirvcl 3o. 24 Q . What; was that? I'm not familiar with 2 5 that second nn. WORLDWIDE COURT REPORTERS, INC, HOUSTON (713)200-0015. UCAREF00012525 63 1 A . Cirvt'l 1 o . 2 f > . How do you spell that.? C E R V E I,- 3 L O? 4 A. I'm not sure it it's S or C I K V E 5 L L O, I think. 6 >. I see. I am familiar with that one. 7 A. DeWard, Rice. I can't recall the 0 specific names. 9 Q. And when were these lawsuits filed 1 C against Union Carbide, sir? 1 I A. I don't know. 12 Q. Approximately? 13 A. " I could only say in the --to the best 1 4 of iny knowledge, in the raid to late seventies and 15 early eighties. 16 Q. Do you know where these lawsuits were 1 7 filed? 1 8 A. In various parts of the country. 19 Q. .You know I'm going to ask you where. 20 A. I can probably only answer for 2 1 those -- you mean for those names that I can 22 remember? 23 Q. These specific ones, yes, sir. 2 4 A. Rice was in South Carolina. Lundy was 2 5 in Oregon. Cirvello was in Houston. What was WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012526 r>4 1 inoUicr iiane I *+ ti Howard. 3 A - Howard, Los Anrjc. I . There's a 4 Bradley in Lor. Angeles. That's, a 3 3 Lite names I 5 think t -- did I fill in the locations for the f. naut::; that I gave you? 7 Q. Yes, sir, you did. Thank you. 0 What was the extent of your . * 9 involvement with these lawsuits on behalf of Union ] 0 Carbide? 1 1 A. Let me go back first, there is one 12 that was in Arkansas. I can't remember the name 13 of the case, but it was Arkansas. And why I'm 1 4 adding that one, I remember I did testify in that 1 5 case . If. Q. I was going to ask you that in just a 1 7 minute. ] 0 A. The others have; been responding to 19 interroga tory answers or helping to respond, 20 signing affidavits concerning delivery of 2 l products. 2 2 Q. Have you completed your answer, sir? 2 3 A. Yes. And depositions. 24 Q. How many depositions have you given on 2 5 behalf of Union Carbide, Mr. Myers? WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-00 1 5 U CAR EF00012527 } A . T w o. y. 0.- And when we r n 1. !i::c deposition.': given? j A. Oh, T !; h i r.!. the first one wis 19 B l and <1 t. h v s f. c ci n d o n r wa s 1 9 8 4 . 5 Q. Where were r.lios depositions ylvon? f. A. The first one was South Carolina. -c* 7 Q. In the Rice case? 8 A. Yes. 9 (2. And what was your testimony concerning 1 0 in the Rice case? 1 1 A. What was my testimony? 12 Q. What did it concern? In other words, 13 what was your testimony about, in that deposition 1 4 in the Rice case? * ir> A. Very much the same typo of questions 1 6 that: you're asking, my background and supply to 17 cust.omers . in Q. Where was that, deposit.ion taken in the 19 Rice case? 20 A. In Columbia, South Carolina. 21 Q. Do yourecall theplaintiff's lawyer 22 in that case, sir? 2 3 A . No. 24 Q. Have you had an opportunity to review 25 that deposition prior to today? WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012528 Ci it 1I A . V v :: . 2 (! Ann when did vmi review that 3 d epos I. J o n ? 4 A . Yesterday. 5 Q " Did somebody aalc you to review In at? 6 A . No . 7 Q. Do you have a copy of that deposi tion? fl A . Yes, I do have or my lawyer does. I 9 should say. 1 0 Q. Did he provide it to you and a si: you 1 1 to review it? 1 2 A . No . 13 Q. * Did.you ask him for a copy of it? l 4 A . No . 15 Q. The other deposition that you had 1 6 given in 1984, in what case was that associated 1 7 wi th? i 8 A . DeWard. 1 9 o. -Do you recall the plaintiff's counsel 20 in that case, sir? 21 A . No, I don't. 22 > Did you also have an opportunity to 2 3 review that deposition before today? 2 4 A Yes, I did. 25 Q. And could you got that inor#ation WORI.DWIDK COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012529 67 I bi:l ore w; leave here today and provide; that to us? 4 MR. STAMM : We'll take it under :j advi semcut. 4 MR. BALLARD: He has a copy he 5 indicated. Why don't wo just .leave a couple 6 blanks tor the name and style of the case and when 7 he signs it, he can fill that in. 8 MR. STAMM: If his counsel 9 agrees, we'll do it. 1G Q. (By Mr. Madeksho) I'm also making a 1 1 request, Mr. Myers, that you provide us with the 12 names and address of the plaintiff's counsel 13 involved in the Rice and DeWard cases. 14 MR. STAMM: Same response. IS Q. (By Mi-. Madeksho) And counsel has 1 6 responded on your behalf. 17 A. Yes. 1 0 Q. You indicated that you had provided 19 live test.imo.ny in court on behalf of Union Carbide 20 before; is that correct? 21 A . Yes . 2 2 Q On how many occasions was that? 23 A . One. 24 Q What case was that in? 2 5 A . I can't remember the name of the WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012530 6B 1 p J .1 : n t iff 7 (} !. a l yo ;ir w<;:: . a 1 . 3 A. Kith or 19 lib or 191M. When c* was t. hal. ? b A. -__ In Little linck, Arkansas. * 6 Q. How Jong have you been involved in 7 regard to answering interrogatories and signing 0 affidavits for Union Carbide concerning asbestos 9 litigation where personal injuries are concerned? 1 0 A. The same: answer as before, from the 1 J mid to late seventies and early eighties. 1 2 Q. Do you know as to whether or not Union 13 Carbide had ever made any purchases of asbestos 1$ fiber from Casniar, a Canadian mine? 1 5 A. I'm not aware of any. But again, I'm 1 6 not familiar with asbestos purchases. 17 Q. Who in Union Carbide would be most 10 familiar with the-purchases made on behalf of 19 Union Carbide for their own processing and 20 manufacture of products? 2 1 A. I don't know. 22 Q. Is there anybody J i: the. corporation 2? that would know that. inl!oratio? 2`1 A . .1 don ' t k now. Q. Would the legal department know that? f A ri t UCAREF00012531 f.D I A. ri.Thnp:; . I don't k n <3 w . /> Q. Jlascd on your know.1 edgo and J u n d o r : t m i r>u , wh.ii a . t: > n bo:: i o;j lilbcrs urcd- Cor 4 in paper p r c d u c 1 s 7 5 A. 11 depends on which papor you-ro 6 talking about. 7 (>. Well, let's talk about all of them. 8 A. Okay. There are insulation papers 9 wherein the asbestos is used for, I think, 1 0 primarily for insulation, electrical and/or heat 1 1 insulation. And the application whicli we applied 1 2 asbestos for a short period of time was to remove 13 pitch and* oI her impurities from the paper pulp 1 4 during its production. Those are the only ones 1 5 that I * in familiar with. 1 C Q. Union Carbide also had what is known 17 as the African Middle East Division? 10 A. I'm familiar with a Union Carbide 19 South Africa. Limited. I'm not familiar with the 20 other one. 23 Q . You're: not sure as to whether or not 2 2 that particular company, the South Africa Limited, ? 3 would fall under the African Middle East Division, 2 4 though? 2 5 A . No, I ' in n o t. WORLDWIDE COURT REPORTERS, INC. HOUSTON (732)200-00 15 UCAREF00012532 industry has long recognized the risk of this disease and has implemented safeguards to protect workers' health. As far as can be determined, asbestosis never has been found in the general public, even among people living in close proximity to asbestos mines and processing plants. Bronchogenic (Lung) Cancer A number of medical studies have linked heavy asbestos exposure'with an increased risk of lung cancer. While lung cancer occurs far less frequently among asbestos industry workers than asbestosis does, under some circumstances,it occurs more. frequently than in the general population, * ' As with asbestosis, the amount of fiber to which an employee is exposed is an important factor in lung cancer development A continuing study of workers in a British asbestos textile plant has shown that dust control measures, which had substantially reduced the incidence of asbestosis, also reduced the incidence of lung cancer among the workers to that existing in the general public. In addition, it is the considered opinion of many scientists that lung cancer will not develop in an employee if he did not first have asbestosis. Unquestionably, factors other than heavy asbestos exposure are important in the causa* tion of lung cancer among asbestos industry workmen. The most documented example is cigarette smoking. Studies conducted of as many as 17,500 asbestos insulation workers show that those who smoke have a much greater risk of contracting lung cancer than non-smokers in the general public, but that those asbestos industry workmen who do not now smoke cigarettes and who have never smoked regularly, have no greater risk of lung cancer than the average man-in-the-street who does not smoke. Mesothelioma This disease is an extremely rare cancer of the (ining of the chest (pleura) or the abdomi nal cavity (peritoneum). It is found more frequently among those with occupational asbes tos exposure than among the general population. It also has been found among people who. In the past, lived in close proximity to uncontrolled crocidotite asbestos plants or mines, and even, on rare occasions, in the households of employees who worked in crocidolite asbestos factories or mines and who presumably brought substantial quantities of this particular type of asbestos fiber into their homes on their work clothes. This has not been found to be the case with individuals exposed only to chrysotile asbestos, which accounts for 97% of the asbestos fiber used in the U.S. today. Since the latent period for mesothelioma ranges from 30 to.45 years, it is impossible at this late date to determine precisely the exposure levels experienced by these "neighbor hood" and "household" cases. However, they were probably quite high by today's stan dards. In any case, as technology was developed for the control of asbestos dust levels, both in :h,,> plantand out, these potentially fccza-docs '.onditions were eliminated. A relatively small number of cases have also been reported among employees in shipyards and on construction projects who. while not working directly with asbestos, were exposed to heavy concentrations of airborne fiber by working in close proximity to those who did exposures of this type have been reduced by strictly enforced industrial safety devices end procedures. The search for answers to the mesothelioma problem is complicated by a number of factors. In the first place, tha number of cases being found, even today, is still relatively small. In all of Canada, for example, only 165 cases were reported in the ten-year period ending in 1968. Secondly, it appears highly likely that certain varieties of asbestos icroc da lite and amosite) are more likely to cause mesothelioma than others. Thirdly, its d:.g^o s and recognition are still considered problems among medical experts. It is also certain ih jt 2 UCAREF00012604 71 J ta.ll.iim about, square mil os on tfic surface going 2 down d couple miles? 1c that how you're 3 descrihiiiij cubic miles? 4 A. Yes. 5 Q. What is the estimated tonnage of the 6 reserves of the asbestos mine at this time? 7 A. We have never evaluated that. I would 8 say in excess of one hundred million tons. 9 Q. And how many years is that mine 1 0 anticipated to be in place? 1 1 A. As tar as the reserves or -1 2 Q. Yes, sir. 13 A. " -- other reasons? 1 1 Q. The reserves . 1 F> A. Indefinitely. 1 6 Q. Calidria Asbestos, what was their 1 7 association with Union-Carbide? Where did they l 3 fit into the scheme of things? 1 9 A. .Calidria -2 0 Q. Calidria, I'm sorry. 21 A. -- Asbestos is a trade name for the 2 2 Union Carbide and now KCAC asbestos products. 2 3 Q. And during the seventies, how many 2d different asbestos products was Union Carbide 25 making under the trade name Calidria? WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012534 12 1 A. Will], you would hove to. do I Inc a *I /. proiliirt , W < s c 1 J has j t*a] ] y f ouj dlf cj cut. 3 versions of h h- sliorl. fib or a:; lu-::. lo:; . Again, you 4 cannot relate a grade to t. he Canadian nyntc'i.i. 5 Q. CaJ idria, did they also have any 6 systematic examination of employees: to determine 7 as to whether or not they might have any health 0 effects from exposure to asbestos? 9 A. Yes. 1 0 Q . And what is: your knowledge as to the: J J extent of those examinations? As to when -- 12 A. . The type of -- okay, what specific -- 1 3 Q. - As to when they began and also the 1 extensiveness of each examination. 15 A. They began in 1963. And as far as 1 C extensiveness, you mean the type of tests that are I 7 performed? I G Q. Yes, sir. Like just x-rays or some 1 9 breathing tests or if they did any invasive 20 procedures from time to time on some of: the 7 l employees. 2 2 A. Okay, what --- 2 3 Q. When J. say invasive procedures, I'm 2 4 talking about, biopsies and things of that nature. 2 5 A. No invasive procedures. X-rays, chest WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0035 UCAREF00012535 73 pul iii o i' - r Y Tun c I; 5 o n . c .pu t. ii in c y I. o l og y f occult blood. And then con von l. i on a 1 for other 3 t: ci sts L n d o 1: i: r m J no a p o ro r. * n h y uic.il concli Lion, - 4 such <as blood work, urine tost::. 5 U.~ When is tho first, time that Union e, Carbide had worker's compensation claims filed ` 7 against the company alleging either respiratory or n health problems from exposure to asbestos? 9 A. In what location? 1 0 Q. Any location, sir. i 1 A. I don't know. 12 Q. Let's talk about the King City Mine 13 then, that's - .1 4 A . Never. 15 Q. Well, what other locations then? 16 A. I don't know other locations. I know 17 that we've never had any in King City. 1 0 Q. And that mine began in operation when? 1 9 A. .1963. 20 Q. Do you have an understanding - - 2 1 A. Let me make sure I understood the last 2 2 quest, ion. You did say as best os- related? 23 Q. Respiratory or asbestos-related 2 4 worker's compensation claims. I'm not talking 25 about a broken arm or a broken leg or a pulled WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012536 74 1 h.i c!: . A. We've never had any- a::best os-rclatcd .1 or n:."iiir.!i.ury : o.,:pc n;; a L i o n c. .1 a .5 r.is . 4 Q. Were there any claims that you're 5 familiar with lhat at leant made an allegation of 6 an anbcntoK-rclated injury or problem? 7 A. At King City? 8 Q. Or any other location against Union 9 Carbide? 1 0 A. I'm not familiar with any. i 1 Q. Wan Dr. Rhodes the head of the 1 2 Calidria.Asbestos Division or was that a division 13 or was that just a trade name? 1 4 A. Calidria was not involved -- it was 15 just an asbestos group was the way it was termed. 1 6 y. What did this asbestos group consist 1 7 of? - ] 8 A. Are you talking about the marketing 19 group? _ 20 Q. Was Calidria Asbestos the marketing 2 1 group? 22 A. Calidria was the trade name. Under 2 3 Mr. Thurber there would be marketing and 2 4 production. 25 Q Now, Calidria was the trade name for WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012537 75 ! t hi' i.o:' iw niliu: I.;; f r<><ii fin > on Carbide;? ,. Tit : a bc-.r 1 os f 1 b e r 'products, yes, from 3 {,' ! _ ' !' v . 4 r,'.c:i d G H n i on ~C a rb i d e or did Union 5 Curb?;; <- t .vor placing . warning on any of Ihe 6 nh j nmcnts o f a .=: hfnlor: fibers? 7 L . In 15fi8. ''' 8 Q Mhat type of containers were the 9 asbestos fibers shipped in? ] 0 A . Mu 1 t i - p 1 y paper bags. 1 1 Q W h a t w o u 1 ii these bags have on them. 1 2 everything that you can recall? 13 A . " The name of the product. 1 4 Q Bha t would that ordinari]y be? : s A . Calidria Asbestos. It could read 1 6 SG-100 or high purity asbestos, any of. our various 1 7 number teruinoJogies. The corporate name and at IS one time it was the corporate headquarters 1 9 location and it later became the plant location 20 name. And the warning, the warning statement. 2 1 Q. What were the sizes of these 22 containers. Hr. Mynis, the bags? 23 A . In dime ti s i o n or weigh 1: ? 24 Q Yes, sir, let's talk about weight. 25 A . It would range from t.en pounds to one WOni.DKTDF. COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012538 /fi 1 h 'i i'.;) r i: ri po >i mi. 0- And i.v. s j t always I); paper bnq*: oi snr!';! I >U * ii ri(i!.h h.\n:: /. . ,'i c jc:j!crrin<; To `Gil or -- - 5 or bet ore, j: far ns vour knowledge, 6 even going bark to 1963. 7 A. You mean after *68 or -8 f,i . Well, I assume in 3960 and forward it. 9 was in paper bags. Am T wrong in that assumption? 1 0 A . W c also have used p .1 a s t i e bags. 1 l Q. Well, paper bags -- 3 2 A. And hopper -- if you're talking abotit 13 packages,* if you want to consider that, a hopper 14 car was used as a shipping package. 15 Q. Now, a hopper car, are we talking 16 about a railroad ear? 17 A Yes. . in Q. Approximately how many tons could you I 9 get in a railroad car? ;:o A . About 90 tons. 21 Q . And who would you ship the railroad 2 2 cars t. o ? Who would those customers bo? 2 3 it . T o Ken l: i 1 e Flo <3 x" s a 7i d Uvald e . 2 4 ii Anybody else? 25 A . I think that's all we had. Perhaps BOKLnBIDE COUNT HEI'OKTKRS, INC. HOUSTON (713)200-0015 UCAREF00012539 77 1 one or L w o 1. o A m e riciin B i l t: r i to. 0n In response to one part of your :$ earlier question, we have never used etohh ban;?. 4 Q. When d.id you star! using the plastic b bag s ? r A. I can't remember for sure. I would 7 say in the early to mid seventies. 8 Q. You had mentioned that there was some 9 type of warning that youall began placing on these 1 0 bags. Where did youall place the warning on the 1 1 bags ? 12 A. On the face of the bag. 13 Q. ~ At the top or the bottom or in the 1 4 m i d d .1 e ? 15 A. Torfard the lower part. 1 6 Q. What wore the dimensions of the 17 warning? 1 C A. Approximately the width of the front 19 panel. Probably ten to twelve inches wide and six 20 to eight inches high. 21 Q. And what did this warning say? 22 A. I can't recall verbatim. Something 23 like "Caution: Contains asbestos fibers. Do not 2 4 breathe dust." Something similar- to that. 25 Q . What else? Is that all? WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 ..................................... UCAREF00012540 70 1 T h a l. ' a all I can recn 1 J . 2 So, i 1. wa s a caution. not a warning ? Yes . 4 f>. There's a difference in regard to the b labels "in regard to a caution, warning or danger; 6 is that correct? 7 A . Yes. 8 Q The degree of significance? 9 A . Uh-h uh . 1 0 Q And you're familiar with this in view 1 1 of the chemical manufacturers' labeling books? 12 A. . I'm not familiar with it other than 13 seeing references to it. I think there are ANSI 1 4 standards which define those terms. 1 5 Q. In regard to this caution label, do 1 6 not breathe dust or what? J 7 A. I don't ---I didn't catch that 1 8 question. 1 9 Q . .What, type of message was this supposed 20 to send to somebody, that Union Carbide was 21 supposed to be trying to send to someone? 2.2 A. One similar to what you sec in a 23 service station where it says "do not smoke:" or in 2 4 a hotel where it says "do not use the elevator in 2 5 case of fire." A very succinct warning. WORLDWIDE COURT REPORTERS, INC. HOUSTON (7]3)280-00]5 UCAREF00012541 ?y I 0 . W; 1 -1 , I h,' i/g a lit f .1 e pvob] cr.: i Lh the 2 a r oc i <> t i on of those two or three examples as 1) being .r (3 o n t i o a L . How i.i uch dti:;i. was it that you A weren't supposed to breathe? 5 A . I don't know. XKJ Q . Well, you were familiar with the dust 7 monitoring procedures at the mine, were you not, " 8 sir? 9 A. Yes. J0 Q. How much dust, does it takebefore an i 1 individual can even see it in regard to million 1 2 particles per cubic foot? 11 A. X don't I:now. I don't know what the 1 4 visible -- it wouid depend on the lighting, I 1 5 suppose. 3 6 (2. Hut. you're familiar with the fact that 1 7 five million particles -per cubic foot is not 1 R visib.le to the naked eye? 19 - MR. STAMM: Of what dust? What 2 0 color dust? What size duct? 2 3 MR. MADEKSHO: Asbestos dust, 22 short liber asbestos dust. Ml? . STAMM: In what conditions? 2 4 MI.` . MADEKSHO: We ' 3 3 talk about 25 every one of them, if we need to. WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 1.1)21)0-0015. UCAREF00012542 0 fi 1 MR. KTAMM : Well, than, aI: the y question .in those; terns. . 3 > . (rtv Mr. M.idaksho) I.:; fc ' :i tall: abouL in 4 the dead of. night. Five million particles pnr 5 cubic foot of asbestos dust in t h e n i g h 1. L i ci c, ` 6 could you see that? 7 MR. STAMM: If you know. * 0 A. I doubt it. 9 Q. (By Mr. Madeksho) Let's talk about 3 0 five million particles per cubic short fibared 1 J asbesl.os dust at sunrise. 12 A. . I don't know. You're asking a 13 question for which I have no technical knowledge ` 3 4 of how much duct you can see of any -- whether 1.5 it's asbestos or silica or what. 3 6 Q. I'm talking about asbestos dust now. ) 7 A. 2 know you .are, but I couldn't answer j i 1 G for any product what the visible concentrations 19 are. . 20 Q. Was it. common knowledge to people ! if j 2 1 working on the railroads that would be handling 22 these bags that breathing asbestos dust could j II | 2.3 cause cancer biick in 1 968? ! 2 4 A. I have no knowledge as to that. 25 Q. Did youall over do a survey to find WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)2 IJ 0-0015 UCAREF00012543 Ul j o n I ,i 1)01: i i I ? ) A . 1 d o n ' t 1; n o w of any railway worker r, who ; / O 1*0 - ` A n <J <\ ! ( ~ 1) .1 n . . n i' . 1.1; 1 was V h r n o f A h e rr. i 1 Wf* y 1 In' t 5 was shipping out the hopporr a =' the ns ho:; ton 6 fibcrr. ? 7 A. Southern Pacific. 8 Q. Did youoll over use any other railway 9 besides Southern Pacific? 1 0 A. As a pick"uP railway? 11 i>. Well, or just for the shipping of the 1 2 asbestos fibers from the hoppers. j :i A. - I'm sure to get from one part of the l 4 country to the other there; were different lines. 1 5 The Southern Pacific doe:;n't run across country. 1 6 Q. Put Southern Pacific was the one J 7 you're most familiar with on the West Coast? 18 A. Jvc're on their lines. 19 y. JJow were the smaller bags of the 20 asbestos libers transported? 21 A. By truck, container, boxcar. 22 Q. And would these trucks or containers, 2 3 would they belong to Union Carbide or would an 2 4 outside trucking firm be used to haul these? 2 5 A. Yes. N O U I, D W1 D E COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012544 82 1 (' Vein w h t; ? It. wn 3 Uni on i'it rbidt! or a n oul trucking firm? 3 A . ]' I. w.ian outside l.x uc:!:i ng f. .i r r.i . 4 0. . What wore some; of. the trucking finis 5 that were involved with the hauling n the 6 asbestos fibers, the bags? 7 A. Oh, I can't recall. Probably several a of the commercial carriers in California. There's 9 one called I.ou-Jack. I can't recall truck names. 10 Q. Are you familiar with the research and i i development facilities of Union Carbide, as to how 1 2 long that Union Carbide has had such facilities? 13 A. * Wo. ' 1 1 Q. Are you familiar as to whether or not 1 5 Union Carbide was a member of tlie National Safety J f> Council? 1 7 A. Not personally familiar. I can only 18 assume that they were. 19 t>. Have you ever answered interrogutori es 2 0 in regard to enumerating the various health and 21 safety and research organizations to which Union 2 2 Carbide had been a member in various years? 2 3 A. I haven't answered those questions on 2 4 interrogaLories. 25 Q. Have you seen them answered on behalf WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015. UCAREF00012545 03 1 o 1: Unii'ii t\i rl> A tJe , :> j r? 2 A 1 can't rccc. 1 1 that p a 3-1. 5 r. u J r. r 3 (Jtio:: I I Oil . A P- He- wore: d i :: c. i i:u the Indus l rial li lly <j i o n c" I'o u r, :i a t i. on a wli i J o ..nr. Did you over have 6 an opportunity yourself to attend any of the + m 7 meetings of the Industrial Hygiene Foundation? a A . No. 9 Q. Did Dr. Hhodc-s attend those on he ha.If 10 of (Jnion Carbide? i i A. Not to my knowledge. 12 Q. Did Mr. Thurber attend those on behalf 13 of Union Carbide? ' 1 4 A. Not to my knowledge. lb Q. Did the Industrial HygieneFoundation 16 ever perform any tests or services or research on 1 7 behalf of Union Carbide? ia A. Not to my knowledge, but I am not 15) familial* with the Industrial Health Foundation or 20 membership. 2 1 (J. Do you know the extent of any research 22 and scientific studies that were done by the 23 Saranac babora1ories cm behalf of Union Carbide 24 concerning any of their products? 25 A. No. WORLDWIDE COURT REPORTERS, INC. HOUSTON (713) 200-0015. UCAREF00012546 H4 I 0. . Have you scon some of tha l: 7. documentation in t.he pad where, it was done? A. Mo. T have never iio.ii'd of Saranac -4 what wa it? 5 (> .* Saranac laboratoi ic. It's in New 6 York up there. 7 A. Never heard of it. 8 Q. Right there not far from N.iagra 9 Palls. The Trudeau Institute? 10 A . No . 1 1 Q. Does the name the Joe 5 Mine sound 4 1 2 familiar to you, sir? 13 A. - Yes. 14 Q. Tell us about the Joe 5 Mine, if you 15 would. 1 6 A. That's our asbestos mine name under -- 1 7 it's the name of the claim or at least one of the 10 claims under which we are wining. 19 Q. JThat Onion Carbide was mining? 20 A. Yes. 21 Q. That was one of the claims? How many 2 2 other claims were they mining under? 2 3 A. I don't know the total number. 24 Q. What would bo your closest 25 approximation? WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 13)200-0015. UCAREF00012547 85 1 A . Probably b o twortn I: on and thirty, 4*-> p. And whore all would those bo located? 3 A. Iii C>iJ ilorniii . 4 >. Northern California? 5 A. No, Central California. 6 Q . Were there some in Northern 7 California, too? B A. No. Again, you define Northern 9 California north -- 10 fi. It's a matter of geography. 1 1 A. Whore would you call north? 12 Q. Well, I call anything north of 13 Frisco --" 1 4 A . No . 15 Q. Mr. Myers, when did you first become 1 6 familial- with the term mesothelioma? 1 7 A. I can'trecall. IB Q. Was it in the early to mid sixties? I 9 A. No. 20 Q. Late sixties? 21 A . No . 2 2 Q. Early seventies? 2 3 A . Probably in the seventies. I can't. 24 recall a year. 25 Q. Mid seventies? WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012548 n*.> 1 Wo re' you also I a ir. .i liar wi Lh the fact 7 that t. lie 1 ii 1 or:: had the hiohe. st incidence of. 3 mo so Ui - 1. i .j i;. ; > 4 A . When? b Q " in the mid seventies when you found 6 out about aesoUielioma. 7 A. I didn't say .1 found out about it in ' 0 the mid seventies. It was in the seventies. I 9 don't. Irnow what part of the seventies. 1 C Q. Okay. Dr. Rhodes, when he would 3. 1 attend these various international conferences, 12 from time to time he would come back and circulate 1 3 meisorandu m-s to-- 14 A. ' Which conferences? 15 Q Well, the International Congress on 16 Occupational Health, that type of conference. 1 7 A. I'm not familiar with him attending a 10 conference by that name. 19 Q. Would Dr. Rhodes from time to time 20 circulate memorandums to other employees under his 21 supervision? 22 A . Yes. 2?, And he would circulate such 2 4 memo ra rulucis t o y o u ? 25 A . '! c: s . WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015. UCAREF00012549 H7 I 11- And lie would also discuss t. ho heal Ui 2 a spec In of dubestoa c:xposuic: in no me of those: 3 me in o rn no. u ns V 4 A . Yea. 5 f>~ Was Union Carbide familiar with the 6 fact .in the mid 1970's that people who live in -r"s. 7 cities or around shipyards where asbestos fibers ' 0 are handled are subject to developing 9 mccothel5 oma? 1 0 A . I don't know. 1 1 MR. STAMM: Just a minute. Are 1 2 you asking this witness whether he's familiar with 1 3 it. or are you asking him to speak for Union ' 1 4 Carbide's corporation knowledge, whatever that is? i r. MR. MADEKSHO: Well, I'm going to J 6 aslc Mr. Myers first as to his own personal 17 knowledge. . 1 8 A. Would you repeat it, please? 1 9 Q. _ (By Mr. Madeksho) When did you first 2 0 become aware of. the fact that people who were 21 living In cities and around shipyards where 2 2 asbestos fibers were being handled and were 2 2 re leas eel into the environment wore developing 24 mesothelioma? 25 A. I've never become familiar with that. WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012550 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 1 8 19 20 21 22 23 24 25 nn o.. Did you ever become familiar with the f i c. t t h a 1 people, who worked around .large acbestos plants or mines who did not actually work in the p]ants or the mines were developing mesothelioma? A Q. ~ In this country? Yes, sir. A . No . Q. Mould there on occasions be confidential memorandums circulated by Dr. Rhodes to employees of Union Carbide such as yourself? A. Not that I recall. There could be if it was related to an employee or a salary discussion or performance discussion. Q. ' Or perhaps a discussion of exposure to some of the products of Union Carbide? A. Not to my knowledge. Not that I recal1. Q. Are you familiar with any doctors from Canada by the name of McDonald? A. By reading his reports, by his reputation, yes. Q. Are you talking about Corbitt McDonald? A. J. Corbitt, yes. Q. What about Allison? WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015. UCAREF00012551 no 1 A . 1 think she co-authored some of his 2 papers. 3 Q. W hen did you b c: c o m c- f. anil; a r v: .i ih l i, c 4 work:; of the two Drs . McDonald? 5 h . Probably in the early to mid 6 seventies. 7 Q- Did you ever attend any conferences 8 where they were giving any lectures or talks on 9 the hazards and dangers of asbestos exposure? 10 A . Not that I recall. 1 1 G. How did you become familiar with their 1 2 works then, sir? 1 3 A . " As I said, by reading their papers. 1 4 Q. Here these papers that you went to the 1 f. library to check out or were they some memoranda. 1 6 some information that was provided to you by Union 1 7 Carbidft? 1C A . I don't know who it was provided -- I 19 don't remember who it was provided by. I would bo 20 sent, copies of such reports. 21 Q Are you familiar with a Dr. Steve 22 Holmes ? 2 3 A . Ho . 24 Q - Are you familiar with a Dr. Richard 7.5 Doll? WORLDWIDE COUNT REPORTERS, JNC. HOUSTON (713)280-0015 UCAREF00012552 90 1 A . Y e :> 2 A nd how did you -- 3 A . A j a in. the name by lie axing of him. 4 c. Are you familiar with a Dr. Lewinsohn? 5 A. " Yes 6 0- And who is Dr. Lewinsohn? 7 A . He, as far as I know, is in the 8 Corporate Medical Department of Onion Carbide. 9 Q. When did he come into the Corporate 1 0 Medical Department of Union Carbide:? 1 1 A. I don't know. 1 2 Q. Was it sometime in the seventies or -- 13 A. * I really don't know. 1 4 Q. Well, just pin it down to a decade. 15 Was it the seventies or the eighties? 16 A. It wan seventies or eighties, yes. 1 / Q. Are you familiar with some of the 10 studies and the works done by Dr. Lewinsohn? 19 A. Dot very familiar, no. 20 Q. Did you become somewhat familiar with 2 1 some of his work while you were with Union 2 2 Carbide, though? 23 A . Very 1 i m i. Led . 24 Q. Did you read any of his memorandums to 25 Onion Carbide or their employees? WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015- UCAREF00012553 91 I /I T 1 h i n k so, y os. 2 p. Ho you recall as to. how froquent.1 y Dr. 3 Lcui n:iol) i) would provide in r. i.: a ' r< :vd t: in:: to the 4 employee*:* of Union Carbide? 5 A . No . 6 Q Would they provide, during the regular 7 course of business, more memorandums to the 8 Calidria group than other portions of the 9 corporation? ] 0 A . I wouldn't think so. l 1 Q . Were you familiar with any personnel 1 2 from the Johns-Manville Company? 13 A. - Yes . 1 4 Q. And who were you familiar with from l 5 the Johns-Manville Company? 3 6 A . Jim Reis. J 7 Q. And who else? IB A . Dihedro Putiatine. 1 9 _ MR. BALLARD: You have to spell 20 tha t. 21 A . The first one is R K I S. 2 2 Q (By Mr. Madeksho) Do you know if -2 3 go a h e a t: . I'# sorry. 24 A . Do you want me to spell it or try to? 2 5 MR. STAMM: I think she would. WORLDWIDE COURT REPORTERS, INC. HOUSTON (733)280-0015 UCAREF00012554 1 A. )' U r A 7' T t K, to the Ijo. "t. of my o 1: i) c> w 1 c; ci q c . Q. (:'/ . Me c; f' h :: L v } Me you f a in i .1 1 <) r A w 1 L h a i! y 1 n >'i. m o n I:11); L TJ n i o n Carbide had in 5 as be:; to:; .Tine-; nunc cl by somebody other than Union 6 Carbide? 7 A. Mo. ^ 8 Q. Are you familiar with any studies that 9 Union Carbide had done concerning the use of 1 0 asbestos-containing materials? 11 A. No. 1 2 Q. Arc you familial- with -- 13 A. * Wait a minute. Excuse me there. I'm 1-3 not very familiar, but. 1 know there was one? - 3 5 there were; some studios done in South Carolina. 1 G Q. In what, location was that in South 1 7 Carolina, Mr. Myors? 1 0 A. I don't know t ho name of .it. .1 9 Q. .Wa3 that at one of the plants there? 20 A. Yes. It could have been West 21 Virginia. It's one of: West Virginia or South 22 Carolina, but I don't know which. 23 Q. '..'hat was the nature of these studies 24 that were; being con d u c t e d ? 2 5 A. I have little knowledge other than WORLDWIDE COURT RETORT KR S, INC HOUSTON (713)200-0015 UCAREF00012555 93 I i;v.) 1 ij.i l.iiici, .! : you way, some asbustus-cmilaining 2 mate r ,i a .1. 3 f>. .3 f)f] what type; o* - containing 4 aatcri 1.s were evaluated? b A .' To the best of my knowledge, it was 6 insulation products. 7 Q. Was it asbestos-containing cement a insulation materials or pipe covering or blocks of 9 materials? i o A. I don't know. i i Q. Did Union Carbide ever become involved 12 with any studies as to the use of 1 3 asbestos-containing cloth materials? 1 4 A. Not to my knowledge. 15 Q. When did Caiidria Asbestos first begin 16 putting any type of caution label on bags of 17 asbestos fibers that were sent to the Eastern 10 European countries? 1 9 A. _To my knowledge, there were no 20 shipments to the Eastern European countries. We 21 did not ship direct. And if some were shipped 22 there from another location, I am not aware of 23 it. They would receive the same warnings that -- 24 we used the same bags Cor any customer or any 25 1 oration. WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012556 9 1 2 . The Cn lid,- i ,> Asbestos Oj v i s i on of 2 U a i i*t ii C.a i b 1 cl c, 1 h r:y :lic! s h j p 1 o. o l.hcr c ou :i t r i ci;, :t U-.Oij 4 A . 7 i 'n o 1. a d i v i ::ian, out, y c; s , we d .i d 5 s h i p f oi. 1'. er r: o u I:r.i cs . (, 0 . Which countries did I'nion Carbide ship 7 to, to the best of your recollection, Mr. Myers? B A. Japan, Taiwan, Korea, Canada, Mexico, 9 Belgium, England, France, Italy, Brazil, 1 0 Argentina, Columbia -- 1 1 Q. Worldwide, basically? 3 2 A . Yes. 13 Q. * Did Union Carbide ever draw i : distinction as to the governmental regulations i s affecting labeling of asbestos products as to 3 f, in a it i ng a decision about labeling of those 1 7 products? 1 0 A . You h a v c- to clarify that o r repeat 1 9 it. I don't follow. 2 0 Q. Did Union Carbide ever make a 2 1 distinction as to the labeling of asbestos 2 ? products; based upon government regulations? 2 3 A . No. 2 4 l.et. me try to clarify it. Do you mean 2 5 did we put a different label on it depending which ...rff WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012557 95 1 count, x y It w.is going to? 2 fi. That is correct. 3 A . Mo . 4 fi. Or no label at all? a A. " We did not label until 196(3. 6 Following 1960, the labeling would go on all 7 packages. B ii- When you would send out these boxcars 9 of the asbestos fiber, how did youall label those 1 0 boxcars of asbestos fiber as to any caution? 1 i A . On the exterior. 1 2 Q - Interior or exterior? 13 A . - The bags were all labeled. 3 4 Q. No, sir, I'm talking about just in 1 5 these h o p p:;rs. You were talking about that youall 16 sent it out by the boxcar or hopper cars. l 7 A. Well, they had a Department of 1 3 Transportation mark on them that said OKMC 19 Asbes tos. - ' 20 Q. What does that mean? 21 A . That's a distinction developed by the 2 2 Department of Transportation. It means otherwise 23 regulated material. Class C, asbestos. 24 Could I have thirty seconds? 25 WORl.DWIDK COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012558 96 1 (Piiinission off the record.) o4 . .'5 Q . (Ily Mi. Madeksho) We r, there anything, 4 that prevented rjnion Carbide from putting a 5 warning about cancer-causing agent on their bag:: 6 or on these railroad car hoppers that the asbestos 7 was being shipped in? 0 A . No . 9 Q. Are you familiar with the name 1 0 Turner-Newall? ] 1 A. Yes. 12 fi. What does Turner-Newall mean to you? 13 A. " I don't know. They're a major -- have 1 4 been a major factor in the asbestos world. I 15 don't know whether they mine or manufacture. ) 6 Q. Did you ever have an opportunity to I 7 visit England on business for Union Carbide? ] 0 A. Yes. 1.9 Q. .And what business was that that you 20 attended for Union Carbide in England? 21 A. Sales. 22 Q When was this, Mr. Myers? 2 3 A . I can't recall. While I was Marketing 2 4 Manager, between 19 7 0 and 19*31. 2 5 Q. When you became Marketing Manager in WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 . ........... UCAREF00012559 97 19 7 0? 7i . Yes. . Q Did Union Carbide ever provide any" education, training or schooling about the hazards of asbc'slos to you? A . Well, Union Carbide didn't, per se. What do you mean by Union Carbide? Q - Well, you were working for Union Carbide at the tame. A . Yes. Q. Did they ever have any training program for you as the Marketing Manager to advise you about- the dangers or hazards of asbestos, as far as the marketing of it? A. That was primarily a function of the marketing group to develop that training. education literature for customers, yes. Q- As I recall, you found out about mesothelioma in what year, now, sir? A. I didn't say. It was in the seventies Q. Well, would that have been by 1970 since you were the manager of the marketing group? A No. I don't recall that I knew about it before 1970 . WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012560 98 1 Q - Nobody brought t h a t to your a 1t.cn tion ? 7. MR. STAMM : Ho didn't say that. 3 aid h o d i lin ' t. recall. 4 A . I don't recall that they did, no. 5 Q. ~ (Hy Mr. MadeUs ho) In regard to Union 6 Carbide's purchase of asbestos fiber to use in its 7 own business concerning the processing of B materials and the manufacturing of various 9 products, what are all of the plants and locations 1 0 that asbestos fibers were used? 1 1 A I don *t know. 12 Q. You don't know any? ] 3 A. " You said all of them. 1 4 Q . As many as you know of. 15 A. Bound Brook, New Jersey. Mainly the ] f. ones that we've talked about earlier. * 1 7 MR. STAMM: I think this is J 8 repetitious. 19 A. -Indianapolis, Indiana. I don't know 20 where - - Prostone was either -- or the stop-leak 21 probably was made in West Virginia or -- probably 2 2 in West Virginia. 23 Q. Wasn't Prestone also made in Texas 24 City? 2 5 A. I don't know whether the stop-leak or WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 13) 20 0-0 015- UCAREF00012561 99 I L h o n r; 1> r.:: L n (3 n t; .lining 2 Q. The Prestone antifreeze? 3 A. -- material. r don't know. '' . A Q. Yon wouldn't quarrel if other 5 documents reflected that it was made tlini/o, would 6 you? 7 A. Not if they're -- no, I wouldn't 0 quarrel with them because I have no knowledge of 9 it. 1 0 l>. Mould you quarrel with any other 1 1 documents showing that the Texas City Plant of 12 Union Carbide was using asbestos fiber in the 13 processing of some of their resins in the 1 4 plastics? 15 MR. STAMM: I object to the form 16 of the question. 1 7 Q. (By Mr. Madcksho) You can go ahead 10 and answer. 19 A. _I have no knowledge of any such use; 20 therefore, I could not quarrel with such 21 documents. 22 Q Are you familiar with Robert Peele? 23 A . Yes . 2 4 L> And who is Robert Peele? 25 A . I' a familiar with -- I think he was or ftORLDUIDR COURT RKPORTERS, INC. HOUSTON (713)200-0015 U CAREF00012562 1 00 1 i :!, T don't know, an industrial hyai oni a I. or 7 environmental type, employee: of Union Carbide. 3 Q. And pjo you i i ;> r with how long Mr. 4 FroJn has been employed by Union Carbide? 5 A . No. 6 Q. Are you familiar with Dr. R. J. 7 Sexton? ' 8 A. No. 9 Q. What about a Mr. S. C. Giainbruno? 1 0 A . No . 11 Q. Areyou familiarwith meetings that 12 Union Carbide used to attend with other 1 3 manufacturers of asbestos-containing materials? 1 4 I'll give you an example. In regard to meetings 15 with Owens-Coming that Union Carbide -- 1 (> A. No. 17 Q. Wert: there any joint meetings between 1 0 other manufacturers of asbestos-containin.g 1 9 materials and you as an employee of Union Carbide, 20 other than AIA/NA? 21 A. Well, as a customerof ours, I would 2 2 call on customers, if you mean th.it kind of a 2 3 meeting. 24 Q. Yes, sir, that's part of what I'm 2 5 getting at. In regard to you - WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015. ............................................... UCAREF00012563 1 01 1 A. You know, you gniO .vi; bos tos-u s i ng 2 companies? 3 o. i: I g h i . `J'hc rm r r. Ii a s or s of the asben'tos 4 fron Union Carbide. In ol'.h-or words. Union 5 Carbide rs cuclomcrc. 6 A. Obviously, being Marketing Manager, I 7 would call on customers, yes. 8 Q. And these would be the same people 9 that you had mentioned earlier, Armstrong and I I i 10 Owans-Corning, Celotux and GAP and Kuntile and 1 1 those people; is that what you're referring to? 12 A. . I can't recall that I called on or 13 have seen-all of those companies, but, in general, I 14 yes . iI 15 Q. Well, let's talk about specifically, 16 then. Did you call on GAF? 1 7 A . Yes. in Q Did GAF also call on youall? 19 A . JFor what purpose? 20 Q- In regard to selling you their 21 asbest-os fibers? 22 A . N o . 23 Q - Arc you familiar that GAF had 2 4 asbestos mine at Hyde Park, Vermont? i i ii [ i 25 A . Yes . it \* WOUI.DWIDE COURT REPORTERS, INC. HOUSTON (7 13)280-00 15. UCAREF00012564 1 02 1 0 . Wa:: you,ill's mine bidder Lh.ui t.heir 2 nine:? n A . wine: -- I nr-: dr jki.i j t is bigg cr, I 4 don't know about the mine. 5 t>." You all's deposit is bigger than GAF ' s 6 deposit? 7 A . The 8 Q. Did 9 A . Yes 10 Q- Did 1 1 youal1? 1 2 A . No . 13 Q -- Did you also call on people from 14 Celotex? 15 A . Yes 16 Q- D id 1 7 A . I c. 18 Q. D i d 19 youal1? - 20 A . Not 2 1 Q Yes 22 A . N o t. 23 Q Did 24 call on you a s 25 A . No . WORl.DWIDE COURT REI-'ORTERS, INC HO OSTON (7 13) 200-0015 UCAREF00012565 1 03 I Q D.i (1 you call on them? p A . No . 3 Q What was that bj.y shipping facility 4 youail had down on the East Coash where youall 5 used to" bring the ore into? Is it Newport? 6 A. I don't know. What ore are you 7 talking about? 0 Q. Somewhere in Virginia. 9 A. I don't know. 10 Q. I'm talking about asbestos ore. 11 A. We have, to my knowledge, never 12 imported, any asbestos ore. 13 Q . - Would that be in another division? 14 A. To my knowledge. Union Carbide has 15 never imported any asbestos ore. 1 6 Q. You, as the -- 1 7 A. So, it wight be in another division, I 1 0 don't -- 1 9 g. .Mr. Myers, you, as being the Marketing 20 Manager tor Union Carbide - 21 A. No, for Union Carbide's asbestos 22 produo ts. 2 3 g . Right. Would you have known of any 24 and uL1 purchases of asbestos fibers from other 25 manufacturers? WORLDWIDE COURT REPORTERS, INC. HOUSTON (7 13 ) 2U0-O015 ....................... UCAREF00012566 ' 104 1 A . No, wo'vn <i lrcaflv b o c; n t h t: o u <t 1) Lhal, 2 that [ dan' i. know tiny thing about t. ho purchases at 3 j other 1 oca t.i on::. 4 0. - So, somebody else with Union Carbide a would have that information? a A. 1 assume they would, yes. 7 Q. While you were with the King City n Mine, did you over have anybody from the U. 5. 9 Bureau of Mines call on you in any capacity? l o A. I don't recall that there were any u visitors -- no, I don't recall any visitors from 1 2 the U. S. Bureau of Mines. 13 Q. * Did you have anybody or did you ever 14 call on the U. 5. Bureau of Mines for any 1 5 assistance that you're aware of, as far as 16 information, ct cetera? 1 7 A. By telephone or by calling on or 18 visiting? 19 (2 -Either way, phone or correspondence or 20 in person 21 A . I have called, yes. 2 2 Q And do you recall the - 2 3 And I've had conversations with them. 2 4 Q. Do you remember the nature of those conversations a?id the: reason for the inquiry? .---32 WORI.DWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012567 3 05 1 A. Oh, I've talked to Mr. C11 Eton about 2 the -- that's whore I an Iced for. information about, 3 the deposit .in Zimbabwe, what it consisted of. 4 P . Is this the same Mr. Clifton that went, <5 to work"with Johns-Manville? 6 A. If he did. I'm not aware of it. He 7 just retired la31 year, I think. n C. What about anybody from OSHA, did they 9 ever call on you as far as any inspections? 1 0 A. Not that I recall. You mean federal i I OSHA? 1 2 Q. That's correct, yes. 13 A. - Not that I recall. 14 Q. Did youever have any other 15 representative dealing with health aspects of 3 6 environmental exposures call on you or the mine at 17 King City during the period of time that you were IB located there? 1 9 A. jes. 20 Q. And who would that have been? 21 A. Cal-OSHA, MS HA, Air Resources Board, 22 the Monterey Bay Unified Air Pollution Control 2 3 District, the Monterey County Health Department, 24 the Coastal Regional Water Quality Control Board, 2 5 to name a few. I think that would cover them WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012568 pretty generally. C' . When you were culling on some o!. the customers ot fin ion Carbide, 'titl you have a pretty good relationship with them? A . In what way or define', relationship? Q. Well, just a working business relationship with then. A . In my opinion, we did. The customer may not have thought the same. Q Who were the representatives that yoxi recall firom Armstrong that you visited with? A. I don't remember any names. I can give you "a first name in South Gate, California. Earl, I think. I can't remember a last name. Q At the South Gate Plant? A . Yea. Q And what was his position with Armstrong at the South Gate Plant? A . _I think he was Technical Director. Q. At the South Gate Plant of Armstrong, that's where they were manufacturing the asbestos vinyl floor tiles? A . Yes . Q And did they also expand that facility to include the acoustical tiles there? WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012569 1 07 J A . N <> I- 1- o m y k o w l o d g o . /. O . T h r* y hud s e v c i a 1 J umt ions in 1 CcJ 1 ; f o r n j u . did I. hoy noL, in rcijard to the 4 asbetstofl vinyl floor tile:? 5 A." Hot to my know .Lodge. 6 {5. This was thf< only plant, that you were 7 familiar with where Armstrong was manufacturing 8 the asbestos or the vinyl asbestos floor tiles 9 during the 1970's? 1 0 A. Yes. 1 i Q. Did they also continue to manufacture 17. then up into the 1980's? 13 A. * I don't know. 1 4 Q . Did you continue to call on them in 15 the 1980's? 1 6 A . No. 17 Q. Did you call on theiracoustical tile 10 plants as well, Mr. Myers? , 19 A. _Not that I recall. 2 0 Q. Which of the asphaltroofing plants 21 for Celotex did you call on? 2 2 A. As I said before, I don't recall that 2 3 Celotex had asphalt roofing. It was some kind of 24 a roofing compound. And, no, I have not called on 25 any of their plants that I can remember. WORLDWIDE COUNT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012570 i on 1 l> . W h i t: h of t. ho GAP facilities <lid you c: a 1 .1 on? 3 A. Lomj Rracli . 4 Q . That's where 4.1 y were making a.liio the 5 vinyl aubr.stos floor files. In 1.ho Long Beach -- 6 A. Yes. 7 Q. Did they also make the asbestos siding 8 there, too? 9 A. I don't know that they make asbestos 10 siding. 1 1 Q. GAP also made asbestos-contajning 1?. roofing materials, did they not? 13 A. - I don't know. 1 4 Q. Here you still calling on GAP in the IS 1980's? 16 A. No, I don't think so. 1 7 Q. Late seventies? lfl A. I don't know when was the last time T 19 visited GAP 20 Q. Your best estimate. iI 21 A. I can't pin it down toanymore than 22 the seventies. 23 . Late seventies, early seven* i o; s ? 24 A. Late. 25 Q. Mas that their facility right outside I i ji i I I WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015. UCAREF00012571 109 J oC I., a.. Orange County? 7 A. Long neach. . 3 Q. Ye::, Long Beach, that's right. 4 MR. MADEKSHO: Off the record for 5 a ninute*. 6 7 (Discussion off the record.) " B 9 MR. MADEKSI10: Let us take a 10 little short break here. 11 12 . (Brief recess taken.) 13 14 Q. (By Mr. Ballard) Mr. Myers, let me 15 cleai* up some things that are questions in my 1 6 mind. It may be clear in the record, but I need 1 7 to get this straight in. my my mind. 18 You mentioned Uvalde as one of the 19 customers of.Union Carbide's asbestos and that 20 struck a bell with me because we've got a Uvalde 21 here in Texas. Is there some connection? 22 A. Yes. 23 Q. So, Union Carbide shipped asbestos to 24 Uvalde what? Uvalde Rock Company or Uvalde - 25 A. I think it was Uvalde Rod: Asphalt. WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015. UCAREF00012572 110 1 Coisp.iiiv, the A:?- Hock Division. 2 Q And, as 3 undcrslnnd from your 3 1e:: f L i:i o a L souf point: in tin1 <i a m a nagcri a 1 4 o (-. < i r. ; o n wan in a cl < to put cautions on your bags of 5 asbestos l h a r. were* shipped from your mine? 6 A . Yes . 7 Q . And that once that dcci cion was made. 8 the cautions o some sort were put on all bags 9 thereafter? 1 0 A. Yes. To the best of ray knowledge, 1 1 yes. 12 Q. And that would be true whether the 13 bags were's hipped nationally in the U. S. or ' 1 i internationally to foreign countries? 1 5 A. Yes. 16 Q. And from the time that managerial 1 7 decision was made, did Union Carbide ever stop 10 placing those cautions on the bags for any period 19 of time? - 20 A. Not to rayknowledge. 21 Let me clarify whether it was the same 22 on all bags because we did, and this is without, ray 2 3 necnssa/ j I y personal direct knowledge, we did 24 package: in bags for shipment to Europe that were 2 5 to the distributor's design and not to our WOHLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012573 1 13 I clni; i.<jn. Go, 1 cannot positively say that we had * ? the: English warning on those bags. 1 Q . Well, I may have assumed that, if you . 4 shipped to France, you would put it in French. " 5 A." Wo. 6 Q. That's incorrect? 7 A. Yes. " 8 Q. But the point I wanted to be sure in 9 my mind about is once the decision was made to put 1 0 cautions on the bags, every bag that you know 1 1 about that went out of your facility had a caution 12 on it after that point in time? 13 A. With that one exception of the 14 distributor to whom we shipped in Europe in bags 1 5 design ed to his specifications. 1 6 Q. Did his bags have any caul.ions on 1 7 them? . 18 A. J can't recall. 19 Q. as we stand now on your 20 reco.11 ec tion , the bags to that one special 21 customer may or may not have had a caution on 22 them? 23 A. Yes. 24 {). And who was thatcustomer? 25 A . D e g u s s a . WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012574 11 2 1 Q . D () <J U r.a a ? 2 A. Yc::. 3 {2. Do you have any fi nn A with Union (a v bide at this ti in n ? connection 5 A. " No. 6 {i . Eitherthrough a retirementplan, a 7 stock-funded plan or anything of that nature? Anri 8 I don't rare about the amount, but I need to know 9 it you have any connection financially with them? 1 0 A. I have a vested pension with Union 1 1 Carbide. 12 Q. And would any of that pension be 1 3 funded by-Union Carbide stock? I know some 1 4 companies fund their retirement plans by the 1 5 company'- stock. 1 6 A. I don't think so. 1 7 Q. But you are vested? J B A. Yes. 19 Q. Jfour background, as I recall, is a 20 Bachelor of Science in Chemical Engineering? 2 1 A . Ye: 2 2 fi . I've* got to ask you this question. 2 3 KCAC, Inc., would that bo from King City Asbestos 24 C o in p a n y ? 25 A. ny golly. 7 t sounds like it, but it WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015. UCAREF00012575 133 J is Incorporated an only the initials. 2 Q. You needed a name, so you picked -- 3 A. It could be King City Athletic Club, 4 ft. Or various other combinations of those 5 letters-. 6 MR. STAMM: You used that line 7 before, I bet. 8 Q. (By Mr. Ballard) And again, so as to 9 straighten up in my mind. Union Carbide is now and 1 0 has been for some period of time a member of the 1 1 Wellington Asbestos Claims Facility? 12 . MR. STAMM: We'll stipulate that 13 Union Carbide has been a member since June 19th, 1 4 198 5 . ] 5 MR. BALLARD: Would you stipulate 16 before that? 17 MR. STAMM: No, because that's 18 when the agreement was signed. 19 Q. .(By Mr. Ballard) Is that your 20 recollection that's when the agreement was signed? 21 A. I would have no idea other than -22 Q. That would be the Wellington 23 Agreement? 24 MR. STAMM: Yes. 25 A. I assume that my counsel is accurate. WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)280-0015 UCAREF00012576 1 p 3 4 5 6 7 8 9 10 I1 12 1J 34 15 16 17 38 1 S> 20 21 22 23 * 2-5 25 J34 MR. STAMM; Lei. me chock. That'a right, .lunc 3 9, 39B5. Q. (Vrj Mr. Ballard) Do you know i L Union Carbide wa:; a disclosed or undisclosed aemhev of W e 1 1 i g t Oil ? MR, STAMM: If you know. A. I'm not sure of that term. I have heard that they were a -- it was called a confidential member or -- Q. (By Mr. Ballard) Same- difference. A. I forget the terms. MR. MADKKSHO: Confidential signatory? " THE WITNESS; I don't know. Q. (By Mr. Ballard) Did you play any part in negotiating the entry of Union Carbide int o T h e Facility? A . No . Q. Do you know who did? A. No. Other than the Union Carbide Law Department I'm sure had some hand in it. Q. One other name, Mr. W. 11. Winans, w I N A N S, was he still with Union Carbide when you c. a n c with t h o company? A . I don't know t.Iio name. ' * i WORLDWIDE COURT REPORTERS, INC. f.f AfTC WAlt /**-*%.**- UCAREFOO012577 )]b 1 Q . 'icing a chemical ongi noor, you're o /. f.ami 1 ia; with th v vo.l umc put ot. by Sa x on 3 djngorou;; proiisrlies of m.i !.er i a 1 s ? 4 A. lut out by who? 5 Q .~ Sax, S A X. You're not Camiliar with 6 that? 7 A. No. '* 8 9 (Discussion off the record.) 10 11 g. (By Mr. Ballard) You've indicated 1 2 that you're not familiar with dust counting or 1 3 dust counting techniques. Do you know if Ifobert 1 4 Pee 1e is -- 15 A . Oh, are you making an assumption that 16 not familiar with dust coun ting? 17 Q - Yes . 18 A . Yes , I am . 19 0- .You are familiar with dust counting? 20 A . I ' m not unfamiliar with it. 21 Well , what is your familiarity with 22 counting? 2 3 A . The air in on i t o r i n g for our customers 24 was done by people unde r my supervision. 25 Q. Would those be industrial hygienists WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012578 .1 7 f. 1 th<* I. nioni Lorol -- 2 A. No, pr.ic>T to my time:, the air 3 moil 1 Lorimj was done at the King City Mine and Mill 4 by an .industrial hygienist, of the corporation, but b we do not hire one now. 6 Q. And did Union Carbide have any 7 industrial hygienists who belonged to the ACGIH? 8 A. I would assume so, but I don't know 9 that as a fact. 10 Q. And did Union Carbide subscribe to the l 1 recommendations of the ACGIH insofar as the dust 1 2 counting techniques were concerned? 1 3 A. I don't know whether they published 14 any techniques on dust counting. 1 5 Q. I may be getting on dangerous ground 16 making assumptions, but may I make the assumption 1 7 that you don't know anything about the ACGIH and 7 8 their publications about dust, counting techniques? 19 A. .That's a correct assumption. 20 Q. The next series of questions, Mr. 2 1 Myers. When did Union Carbide first begin 2 2 negotiating with The Wellington Facility? 23 MR. STAMM: The same objection as 24 I had before and the same instructions to the 25 witness. WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012579 117 1 MR. BALLARD: Cou I. ii you stnti: 1. ho 7 bn si:; ol 1. h c objection? . 3 MR. STAMM: Irrelevant. 4 (}. (By Mr. Ballard) Would Union Carbide 5 have bden negotiating with The Wellington- Facility 6 as of September 1984? 7 MR. STAMM: Same instruction. " 8 MR. BALLARD: Certify those two 9 questions, please. 1 0 Q. (By Mr. Ballard) First, let me ask, 1 1 do you know when Onion Carbide began negotiating 12 with The Wellington Facility? 13 A. - No. 14 Q. Do you know who would know? 1 5 A . No . 1 6 MR. BALLARD: We've wanted a lot 17 of time with that. . 10 MR. MADEKSHOj Your only 19 recollection is that the attorneys had talked to 20 you about two years ago in regard to The 21 Wellington Group or the Asbestos Claims Facility? 2 2 THE WITNESS: Yes. I wouldn't 23 term it talked to me. I mean, this wasn't a - 24 MR. MADEKSHO: It came to your 2 5 knowledge at that time? WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012580 11 n 1 thi: WI'i'Nl T h r't t t.h(ru was 2 r. oin e 1 li i n g going on, yoc. 3 MR. R A L I, A 1< D : That's dll I've 4 got. 5 " MR. STAMM: Anyone else? r> MR. MeCLURE: I don't have any 7 questions at this tine. 0 9 (Deposition recessed at 4:55 p.m.) 10 11 12 13 1 4 JOHN J. . MYERS 15 THE STATE OF TEXAS : 16 COUNTY OF : 1 7 SUBSCRIBED AND SWORN TO BEFORE ME, 3 0 the undersigned authority, by the witness, JOHN L. 19 MYERS, on this the______________ day o 2 0 _________________________ , 1906. 21 22 23 Notary Public in and E o r _____________C o vi n t y , T o x a s 24 My Coramission Expires: 25 WORLDWIDE COURT REPORTERS, INC. . HOUSTON (713)200-0015 UCAREF00012581 ] i r> 1 THK STATE Of-' TEXAS 2 1, S n .* n u 1? . Go] (is l.c:i n, a Cort ified 3 5 hoi'Ui a ml Reporter in ami |-ov the Stai. t; of Texas, 4 do hereby certify that at t.hc time and place 5 skated Tjorein, the witness, JOHN 1*. MYERS, 6 personally appeared before me and after being by 7 me first duly sworn to tell the truth, was 8 examined by counsel for the respective parties 9 hereto; that the testimony of said witness was 1 0 taken in shorthand by me, later reduced to 1 1 typewriting under my direction, and the foregoing 12 118 pages is a true and correct transcript of said 13 tes t imony*. 1 4 * GIVEN UNDER MY HAND AND SEAL OP OFFICE 15 on this ______________ day of September, 1986. 16 17 in 19 20 Susan R. Goldstein Certified Shorthand Reporter 2 1 in and for the State of Texas Texas CSR No. 704 22 Expiration Date: 12/31/06 23 24 WORLDWIDE COUNT REPORTERS, INC. HOUSTON (713)200-0015. UCAREF00012582 1 20 I HTAYK OF TRXAr. 2 3 ; ?- ,1,, f.UKiin R ..-..LGol cis tci ;>, Die Ccrt.iticd * Shor LJiand Reporter- before whom' the above a-nd. r. forr.goi'ng depoaifi on-'uas taken, do hereby certify 6 . that at the time of the- taking of said deposition, T -certain oral questions were propounded and certain . 0 answers given, as shown in the transcript of the 9 deposition of JOHN L. MYERS, filed in the above 10 captioned cause, and certain questions were 1 1 propounded and were not answered, as shown in the 1?. transcript of said deposition, as follows: 1 3 - Beginning at page LG, line 1. 14 Beginning at page 116, line 20. 15 16 17 GIVEN UNDER.MY HAND AND SEAL OF OFFICE, 1G on this the day of September, 1986. IV 20 21 Susan R. Goldstein Certified Shorthand Reporter 22 CSR No. 704, State of Texas 23 24 25 WORLDWIDE COURT REPORTERS, INC. HOUSTON (713)200-0015 UCAREF00012583 IN the united states district court FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION BOBBY R. SANFORD VS JOHNS-MAHVItLE SALES CORPORATION, ET. AL. ) CA: G-82-325 NOTICE OF INTENTION TO TAKE ORAL DEPOSITION TO: Mr. John Sullivan, BAKER & BOTTS, One Shell Plaza, Houston, Texas, attorney of record for the Asbestos Claims Facility; Mr. Witcher McCullough, III, BAKER & BOTTS, One Shell Plaza, Houston, Texas, attorney of record for G.A.F.; Ms. Elizabeth Thompson, BUTLER & BINION, 1600 Allied Bank Plaza, Houston, Texas, attorney of record for Raymark, Industries; Mr. Lawrence Madeksho, attorney at lav, 8320 Gulf Freeway, Suite 213 Houston, Texas, attorney of record for Plaintiff. Please take notice that pursuant to the Federal Rules of Civil Procedure, the deposition of UNION CARBIDE CORPORATION, by and through its corporate representative, will be taken op the 4th day of September 1S86 commencing at 1:30 p. m. and continuing from day to day thereafter until completed. The deposition will be conducted at the Law Offices of Robert Ballard, ABRAHAM, WATKINS, NICHOLS, 3ALLARD, ONSTAD i FRIEND, 300 Commerce Street, Houston, Texas, before a court reporter from Worldwide Court Reporters, Inc., P.O. Box 53170, Houston, Texas 77258. 1 UCAREF00012584 The corporate defendant shall designate one or more of its officers, directors, managing agents or other persons who consent to testify on., its behalf. The persons designated by the corporate defendant shall testify on behalf of said corporate defendant with respect to the following matters: 1. Asbestos mines; 2. Membership in the AIA (Asbestos Information Association >; 3. Insurance Department negotiations with Asbestos Claims Facility; 4. Beginning period of negotiations between Asbestos Claims Facility and date of signing with Wellington F a c i_l i t y ; 5. Produce all ccrrespcndence between Raybestcn Manhattan, (Rsymark Industries) including all correspondence with the AlA; Manufacturers of any products containing asbestos; *T Sources of supply cf asbestos; . a. Years cf using or processing asbestos or asbestos produces; Any an<? ail asbestos claims litigation involved prior to this time. -> - UCAREF00012585 Respectfully submitted. ABRAHAM, WATKINS, NICHOLS BALLARD, ONSTAD S, FRIEND By: Gu.L'Jl Robert E. Ballard Texas Bar #1651000 800 Commerce Street Houston, Texas 77002 (713) 222-7211 ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice has been forwarded to all interested counsel of record by hand delivery on this the c3t)i-d dav of August 1986. (/3ukit d* Robert E. Ballard -3- UCAREF00012586 1560 W Bay Area Boulevard, Suite 280 Houston, Texas 77546 (713)280-0015 August 22, 1986 Mr. Hugh Bartlett District Clerk's Office United States Federal Courthouse 601 Rosenberg L Galveston, Texas In Re: C.A. No. G-82-325; Notice of Intention to Take Oral Deposition of Union Carbide Corp. Dear Mr. Bartlett: Enclosed please find the original Notice of Intention to Take Oral Deposition of Union Carbide Corporation in the above-referenced cause. I would appreciate your filing this Notice among the official records in this case. By copy of this letter we are informing all L interested counsel of the filing of this Notice. Thanking you for your assistance in this matter, I remain [ Jjincerely yours. [ Dorothy .1}. Riehl Enclosure cc: Mr. Robert E. Ballard [ Mr. Lawrence Madeksho Mr. John Sullivan Mr. Witcher McCullough, III [ Ms. Elizabeth Thompson r l. UCAREF00012587 Cr-'bh 7^*1 "CALIORIA" ASBESTOS PELLETS HEALTH AND OSHA INFORMATION November 1, 1977 tin UCAREFOOOI2588 CALIDRIA'1 ASBESTOS PELLETS HEALTH AND OSHA INFORMATION November 1, 1 977 Union Carbide Corporation Metals Division "Calidria11 Asbestos Marketing and Technology Department Niagara Falls, New York UCAREFOOOI2589 INTRODUCTION The Williams-Steiger Occupational Safety and Health Act was passed in 1970 with the stated objective of assuring every American worker a safe and healthy workplace. The first health standard promulgated under this act covered exposures to airborne asbestos and went into effect on June 7, 1972. OSHA proposed extensive revisions of the regulations on October 9, 1975. The proposal has been going through a variety of administrative procedures including feasibility and inflationary impact studies. The revised version is expected sometime in the first half of 1978. Asbestos has received a great deal of attention and publicity in the last several years. Unfortunately, much of the media treatment of the subject has been emotionally oriented and distorted and, in some cases, bordering on the sensational and untrue. Many users of asbestos and products containing asbestos have been mislead regarding the safety of asbestos and what is needed to comply with the OSHA requirements. The information presented in this folder has been collected as a service to "Calidria" asbestos users. It Is intended to help put both the health and OSHA compliance questions in a reasonable perspective. Included are: 1. A summary of the main provisions of the OSHA Asbestos Standard and a copy of the regulations. 2. Airborne asbestos fiber count data obtained by Union Carbide at a variety of industrial locations during the addition of "Calidria" asbestos pellets to various processes. 3. Two pamphlets, "VJhat You Should Know About Asbestos and Health" and "Asbestos and Health" published by the Asbestos Information Association/North America. The first is an employee oriented discussion of both health and OSHA while the second addresses the .health question. Additional copies are available on request. 4. A Material Safety Data sheet and analytical data on "Calidria" asbestos. Introduction OSHA REGULATIONS After extensive public hearings, a Federal standard for Exposure to Asbestos Dust was published in the Federal Register, Volume 37, No. 110 on Wednesday, June 7, 1972. A copy of this standard (1910.1001) is included with the literature at the back of this booklet'1^. (1) Some states have established their own regulations and enforcement programs and have been certified by OSHA. Generally, these regulations are identical to 1910.1001 but occasionally there are important differences. This dis cussion applies only to the Federal standard. Information on any particular state is available upon request. UCAREF00012590 -2- Basically, the standard can be divided into the following five major categories: 1. Standards: Defines the allowable airborne asbestos fiber content in the workplace. 2. Monitoring: Defines the method of collecting samples and measuring the airborne fiber concentration. 3. Methods of Compliance: Defines acceptable procedures to met the allowable limits. 4. Medical: * Specifies frequency and type of medical examinations required. 5. Warning Signs and Labeling: Specifies when warnings are necessary and the wording of such warnings. The essential features of these categories are discussed in the remainder of this section. Before looking at these, however, it should be mace clear that in the most basic sense the regulations require that every place cf employment where asbestos is used must be monitored to determine the exposure level of airborne asbestos fibers. If the levels are well within the allowable limits, the only additional requirements are those relating to medical examina tions. If the levels are not clearly within compliance, all provisions of the regulations apply. There has been a great deal of confusion on this distinction, occasionally even with OSHA field inspectors. i Standards The present OSHA standards-set a maximum exposure to airborne asbestos fiber of length longer that 5y of: 1. An 8-hour, time-weighted average (TWA) of 2 fibers/cc. 2. A ceiling concentration of 10 fibers/cc. Note particularly the use of the time-weighted average over the 8hour shift. An operator performing one or two short additions of RG-244 per shift, as is typical of polyester producers, would have his exposure during the dumping time averaged with zero (or a very low background level) for the rest of the shift. This, obviously, tends to greatly reduce the 8-hour TWA. UCAREF00012591 -3- Monitoring The regulations require an initial monitoring to determine whether the workplace meets the required levels. Thus: "Within six months of publication of the regulations (June 7, 1972) every employer shall cause every pi ace.of employment where asbestos' fibers are released to be monitored in such a way as to determine where every employee's exposure to asbestos fibers is below the prescribed limits." Monitoring usually is done by the membrane filter/personal air sampler, which can be obtained from a number, of manufacturers. The personal air sampler draws workplace air onto a filter which collects the particulates and fibrous dust in the air. This filter is then placed under a microscope and the number of fibers counted. After the count is complete, the actual fiber concentrations, expressed as fibers per cubic centimeter of air, are calculated by formula. After the initial monitoring, the regulations state: "...samples shall be of such frequency and pattern as to represent with reasonable accuracy the levels of exposure of employees. In no case shall the sampling be done at intervals greater than 6 months for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by paragraph (b) of this section." The section that has been underlined shows that if the initial monitoring give levels that are well below the allowable limits and no change is made in the method of operation which would increase dust levels, r.o further monitoring is required. It is a good and recommended practice, however, to monitor at regular intervals to make sure that the limits are being met. It should also be understood that you cannot.be cited legally for exceeding the allowable limits on the basis of your own monitoring. OSHA must base any citations issued on their own tests. Methods of Compliance If monitoring shows a^ plant or operation to be in. excess of the limits, a number of ways are prescribed to bring it into compliance. These include, but are not limited to, engineering controls such as isolation, enclosure, exhaust ventilation, and dust collection. Certain work and housekeeping practices and waste disposal procedures are specified. Respirators, special clothing, and change rooms are also required under certain conditions. It is most important to understand that these compliance procedures are required only if the allowable airborne asbestos fiber limits are being exceeded or can be expected to be exceeded under reasonably foreseeable circumstances. They are not automatic requirements that apply wherever asbestos is present. UCAREF00012592 -4 Medical Examinations Preplacement, annual, and termination medical examinations must be provided or offered by the employer for any employee "... engaged in occupa tions exposed to airborne concentrations of asbestos fibers." These medical records must be kept for 20 years and are available to the employee's physician. This section has proved to be one of the most confusing in the regulations since it does not define any cutoff level below which examinations are not reauired. Finally, after five years of urging, 05HA issued a clari fication. "Exposure to asbestos" is specified as any exposure which exceeds 0.1 fiber/cc >5u in an 8-hour time-weighted average or a peak level greater than 0.5 fiber/cc >5u based on a 15-minute sample period. Caution Signs and labeling The regulations require that: . "Caution signs shall be provided and displayed at each location where airborne concentrations of asbestos fibers may be in excess of the exposure limits prescribed in paragraph (b) of this section." Wording for the signs is also specified. There have been some cases where the OSHA inspectors have taken this to mean signs are required at any location where asbestos is present, regardless of whether or not the exposure limits are exceeded. Although this is clearly incorrect, there has been a tendency to post the signs and not contest the citation. The regulations also require that: ' "Caution labels shall be affixed to all raw materials, mixtures, scrap, waste, debris, and other products containing asbestos fibers, or to their containers, except that no label is required where asbestos fibers have been modified by a bonding agent, coating, binder, or other material so that during any reasonably foreseeable use, handling, storaoe, disposal, processing, or transportation, no airborne concentrations of asbestos Tibers in excess of the exposure limits prescribed in paragraph (b) of this section will be released." Wording for these labels is also specified. UCAREF00012593 -5- AIRBORNE ASBESTOS FIBER COUNTS Table I shows the airborne asbestos fiber concentrations obtained for two types of manufacturing procedures, the upper portion of the table covers cyclic operations where a moderate amount of asbestos is added to a mixer, such as a Banbury, along with a variety of other dry ingredients. The operator is in the area steadily during a substantial portion of the shift. Air samples v/ere collected across complete cycles and thus approximate time-weighted average concentrations. The results of the 12 samples collected at three different.manufac turing locations ranged from 0.1 to 1.3 fibers/cc. The current allowable level is 2 fibers/cc. The lower portion of the table shows operations where a substantial quantity of asbestos is handled over a relatively short time only once or a few times during a shift. Samples were collected only during the time while asbestos and the emptied bags were handled and thus represent ceiling concentrations. The results for eleven samples from nine locations ranged from 0.4 to 7.4 fibers/cc. The highest value was for a three-minute sample. Short sample times tend to give very erratic results. Without this single high value, the range is from 0.4 to 2.4 fibers/cc. The allowable ceiling concentration is 10 fibers/cc. UCAREFOO012594 TABLE I AIRBORNE ASBESTOS FIBER COUNTS DUMPING OF CALIDRIA ASBESTOS PELLETS *> End Use Asbestos Type Averaqe Concentrations^ Pounds Dumped Dump Time (HinJ Sample Time (Min.) Airborne Asl Fiber Concen1 (Fibers/cc Notes Rubber Compounding II H mn mn m ft N HPP II II II II If Rubber Compo11unding m ii HPP n a Paper Manufacture N ft HPH P Ceiling Concentrations('21' Roof Coating Manufacture HPP Paint Manufacture SG-200X Paper Manufacture II H HPP n Ceiling Tile Manufacture HPP Dumping Test HPP Oil Well Drilling Mud SG-200X Oil Well Drilling Mud SG-200X Oil Well Drilling Mud m SG-200X ft Oil Well Orilllng Mud SG-200X 30 30 30 30 30 30 37 37 37 37 25 25 200 114 100 50 100 500 500 1000 1500 1500 1050 ~2 ~2 ~2 ~2 ~2 ~2 ~2 ~2 ~2 ~1 ~1 7 3 16 9 3 5 59 26 29 29 15 33 14 42 32 ' 10 49 38 60 33 23 70 87 7, 3 16 9 3 10 59 26 29 30 15 0.4 0.9 0.9 0.2 0.5 0.3 1.0 1.2 1.3 1.1 0.1 0.1 1.5 7.4 0.3 0.6 1.0 2.4 0.5 0.4 1.0 1.0 1.4 Operator Operator B ^Alr sample collected during the addition of several Ingredients. Asbestos handled for only short period but operator Is in the inmediate area. The results approximate timeweighted average concentrations during continuing operating cycles. ^ Air samples collected only during the direct handling of asbestos and emptied bags. For these uses asbestos is handled at separated intervals. These results are ceiling UCAREFOOOI2595 LITERATURE AND REGULATIONS UCAREFOOOI2596 What You Should Know Lttho m U S A Zo * UCAREF00012597 o> T5 i. e a 50- L5f 8 <o s g o> #; -->wo O -S2.o ^ .2wao>> m c * u j<en ~o *->r(CAO iwOnB % 09 * 3 ---(S0 O o oR C O c . o ZZ i* O_> C --> ?= efl -- a2 o . o| a. c or "6 Q uo _; oc3> os. " o tuucao>. a> w <0 a> (A a> .= s 2 te -- 2 Ss --c Oc CCO ZU sin $ 2(0 W C.O co Bj"; "o ato> "^D 2*6 32 c= G5 82 5 -- a> * a JtiEu -eo2=.> g5[u/>) tz^oc=e 8 TM 'S ill o <e r 2 E <0 il SCO I! co 2 "> co *-5i *CD m ^ o w C <q2 oS.3i oS=3 ?9 5 S* 'Q ao>.>.2a. Dog i" o O e a.2 COO -CcQOo _ wO o a, co X 2| c* 3O o w 3 O O > 1. 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U 2 3=-- = q i 2 -Si* 3= W is * c3o C -Oj c S-- 3 s !iiii88fc 18 8 o . -- TO to 2 c s sli'i HU5 s co ti U to o H-! j> = s#gO to -.2 o *5ji S;S 0*0*5 2=8 *!a ! 111 o|| 2 3 * a" a s Mm o8-- . r * UCAREF00012599 Ww "= 8 %ai ISg=>: Oc O I a!I9 Cfl f0 O W a a li a 5 ft us o -J (0 o 2 .o2 f<tA . tCmO o) i I DC 3, so ' o cao ft I a * v UCAREF00012600 Oh -- V J o > " 5.3 A SS u <D 2 2W22 15n94.- Om OJw. Q C 4) -- 2P s M9 .P EO _ -JOf'5o. o 5 5 'fo*>1o>-- c M= ot i a-oc e 3 T. 2 5 w a P ~ o p E o Z ! I I " S -- -c 2 ao"ccu S g >. S| 2 ?as si^sSs 2 o "5 o p _ o u o &1>sSe Ep o -- S 2 5 a *- Ses.sf fUfss Kb >3O EO |E pM3 IO* 2tO>uc Qe(E. cw9u ^*9a 0> OS8.I si"E-s H CB U1 2*2S8sisbi 2JJ5* SCli <3 = s ii <1**0 ol i 9 (Oo o S S OO * m UCAREF00012601 >. a O irsII)cOl o,, c2 gfi > E o' ?O3S_3&E"2,SS(mf.t 6S82O Sj 2 iei2 O eg in s * a at c>e. xo- .aoE 9 o o ------- > o> a 53 e <;g o *"*=" eO) T3 o>* tjS S o> 3 O>."O >*? *s J^*Cf"t --J*O0mB1 -O > IP * :S lit Srsot sa. 4) ao> ril Ui 3 ^BCI 2 jj 11 = ?S "s i2S.or 1I?*1sPfl !Hi` Sc2 tXftE*<SWs5; T f5t 5 =ft w - a * a o2c O C " s> II-l5 3* ?J I 5S|g -eSeS (?o| Pop _ N <8 till! 7So o ElcQ . s ws-Ss I J28lSo H 0.35*0 c V ! UCAREF00012602 ASBESTOS AND HEALTH Asbestos, used since antiquity, has widespread and important applications in our modern technological society. Approximately 3,000 different products containing asbestos are in daily use throughout the world. Its increased use in the 20th century has lent urgency to the need to cope with occupational health problems related to the excessive inhalation of asbestos dust. Such problems are not unique to the asbestos industry. Many substances and materials in common use today can be detrimental to the health and safety of industrial workers under uncontrolled conditions. A vital and widely used raw material, asbestos is but one of a number of potentially harmful substances used by industry. Basically, the known facts about asbestos-related disease can be summed up as follows: _ First, asbestos-related health risks today are almost exclusively confined to the occupational setting. Second, the effects of excessive inhalation of asbestos are both time and dose related. This means that asbestos-related diseases may develop, generally, only after the inhalation of substantial amounts of asbestos dust over a substantial period of time. Thus, there are levels of exposure that will not result in any increased risk of disease. Third, there is presently no evidence of risk to the general public from exposure to the minute amounts of asbestos that have been found in community air. Fourth, because of the long latent period of asbestos-related disease, the disease being found today among some long-term industry employees is not an indication of present day condi tions, but is a result of conditions existing decades ago, at a time when neither the industry, government, or the medical profession knew very much about the health effects of asbestos and even less about the proper means for their control. These facts are well recognized by the asbestos manufacturing industry, which has made substantial progress over the years in protecting those who work with asbestos and in eliminating emissions of free asbestos fiber into the community air. Known and Suspected Occupational Risks There are three primary diseases known to be caused or exacerbated by prolonged and heavy inhalation of asbestos fibers. They are asbestosis, bronchogenic (lung) cancer, and mesothelioma. Prolonged heavy exposure does not necessarily result in disease and death-- but there is little question that risks are significantly increased. Asbestosis This is an occupational disease characterized by lung scarring, and is one of the diseases called pneumoconioses. It is the most common of the three asbestos related illnesses and is found only among those who have worked regularly, and continuously with asbestos under inadequately controlled conditions. The average time span from first exposure to the first clinical signs of asbestosis is 17 years, although some cases have been reported in as few as ten years. Asbestosis is neither malignant nor necessarily fatal. Many asbestos workers with minor cases can and do continue to work and lead normal lives without difficulties. The asbestos UCAREF00012603 industry has long recognized the risk of this disease and has implemented safeguards to protect workers' health. As far as can be determined, asbestosis never has been found in the general public, even among people living in close proximity to asbestos mines and processing plants. Bronchogenic (Lung) Cancer A number of medical studies have linked heavy asbestos exposure'with an increased risk of lung cancer. While lung cancer occurs far less frequently among asbestos industry workers than asbestosis does, under some circumstances,it occurs more. frequently than in the general population, * ' As with asbestosis, the amount of fiber to which an employee is exposed is an important factor in lung cancer development A continuing study of workers in a British asbestos textile plant has shown that dust control measures, which had substantially reduced the incidence of asbestosis, also reduced the incidence of lung cancer among the workers to that existing in the general public. In addition, it is the considered opinion of many scientists that lung cancer will not develop in an employee if he did not first have asbestosis. Unquestionably, factors other than heavy asbestos exposure are important in the causa* tion of lung cancer among asbestos industry workmen. The most documented example is cigarette smoking. Studies conducted of as many as 17,500 asbestos insulation workers show that those who smoke have a much greater risk of contracting lung cancer than non-smokers in the general public, but that those asbestos industry workmen who do not now smoke cigarettes and who have never smoked regularly, have no greater risk of lung cancer than the average man-in-the-street who does not smoke. Mesothelioma This disease is an extremely rare cancer of the (ining of the chest (pleura) or the abdomi nal cavity (peritoneum). It is found more frequently among those with occupational asbes tos exposure than among the general population. It also has been found among people who. In the past, lived in close proximity to uncontrolled crocidotite asbestos plants or mines, and even, on rare occasions, in the households of employees who worked in crocidolite asbestos factories or mines and who presumably brought substantial quantities of this particular type of asbestos fiber into their homes on their work clothes. This has not been found to be the case with individuals exposed only to chrysotile asbestos, which accounts for 97% of the asbestos fiber used in the U.S. today. Since the latent period for mesothelioma ranges from 30 to.45 years, it is impossible at this late date to determine precisely the exposure levels experienced by these "neighbor hood" and "household" cases. However, they were probably quite high by today's stan dards. In any case, as technology was developed for the control of asbestos dust levels, both in :h,,> plantand out, these potentially fccza-docs '.onditions were eliminated. A relatively small number of cases have also been reported among employees in shipyards and on construction projects who. while not working directly with asbestos, were exposed to heavy concentrations of airborne fiber by working in close proximity to those who did exposures of this type have been reduced by strictly enforced industrial safety devices end procedures. The search for answers to the mesothelioma problem is complicated by a number of factors. In the first place, tha number of cases being found, even today, is still relatively small. In all of Canada, for example, only 165 cases were reported in the ten-year period ending in 1968. Secondly, it appears highly likely that certain varieties of asbestos icroc da lite and amosite) are more likely to cause mesothelioma than others. Thirdly, its d:.g^o s and recognition are still considered problems among medical experts. It is also certain ih jt 2 UCAREF00012604 there are other causes of mesothelioma besides asbestos. Unfortunately, what those other causes might be is still unknown. Until these and other equally important factors are thoroughly investigated, the mesothelioma question wilt remain unresolved. Other Tumors Some researchers have reported higher-than-normal rates of gastrointestinal cancer among some heavily exposed industry groups. Other researchers have reported no increase of this type of cancer. The consensus of medical opinion is that the evidence is too scanty for a definitive conclusion. Asbestos and the General Public Medical reports of excess asbestos-related disease among occupationally exposed popula tions have been frequently cited by some writers, environmentalists, politicians and others as "proof" that the health of the general public is endangered by the minute amounts of asbestos dust being found in community air. "Neighborhood" and "household" cases of mesothelioma are cited extensively in this regard, as are the frequent reports of the findings of free asbestos fibers and so-called ferruginous bodies {which sometimes contain asbestos) in the lungs of some city dwellers at autopsy. -, The truth is, however, that there is no evidence--either from experience or from scientific research--that anyone in the general public has ever contracted any asbestos-related disease from exposure to these minute amounts of airborne asbestos, which are many times lower than levels which have been demonstrated to result in no excess of disease in occupationally exposed populations. This conclusion is supported by both the Asbestos Panel of the National Academy of Sciences' Committee on Biologic Effects of Atmospheric Pollutants, and the 33 member Advisory Committee on Asbestos Cancers of the International Agency for Research on Cancer, a division of the World Health Organization. In its 1971 booklet, entitled "Asbestos: The Need For And Feasibility of Air Pollution Controls," the NAS Asbestos Panel, which consisted of seven of the nation's top experts on asbestos and health, stated that "there is no evidence that persons in the general popula tion--without occupational, household or neighborhood exposures--have any increased risk of neoplasm, even though there may be ferruginous bodies or fibers in their lungs." Warning against conclusions of the type frequently reached by the uninformed with regard to asbestos, the report further stated: "One cannot extrapolate from the mortality experi ence of, on the one hand, those who are directly and indirectly exposed to asbestos in their employment to, on the other hand, the general public, who have had moderate or slight exposures from ambient air." ' The report concluded with the statement that "there is no evidence that the small numbers of fibers found in most members of the general population affect health or longev ity." The report of the IARC Advisory Committee represents the consensus of present world medical opinion on all aspects of the asbestos-health problem. Meeting immediately alter the October 1972 Lyon Conference on the Biological Effects of Asbestos, the Committee, with representation from ten different countries, drafted the following opinions on asbes tos-related disease and the general public: Asbestosis: "There is at present no evidence of lung damage by asbestos to the general public. The amount of asbestos in the lungs of members of the general public is very small, compared to those occupationally exposed." Lung Cancer: "The evidence ... suggests that an excess lung carcinoma risk is not de tectable when the occupational exposure has been low. These low occupa- 3 UCAREF00012605 tional exposures have almost certainly been much greater than that to the public from general air pollution." Mesothelioma: "There is no evidence of a risk to the general public at present." Because of some recent controversy in the United States and Canada on this subject, the question was also examined whether there is any "evidence of an increased risk of cancer, resulting from asbestos fibers present in water, beverages, food or in the fluids used for the administration of drugs." The answer of the Committee was: "Such evidence as there is does not indicate any risk." While the conclusions of these two eminent scientific bodies should be reassuring to those concerned with the presence of minute amounts of asbestos in the ambient air, the asbestos manufacturing industry in the United States will continue in its efforts to reduce asbestos emissions so that potentially hazardous levels will never be permitted to develop in the future. . Asbestos and Health Research Extensive medical and techmcal research into the health effects of asbestos and the proper means for their control is being conducted in laboratories throughout the world. A significant percentage of this research is being sponsored, cosponsored or cooperated in by the world asbestos industry. In fact two of the largest non-governmental sources of funds for asbestos-health research are the Institute of Occupational and Environmental Health (IOEH) in Montreal, which is sponsored by the Quebec Asbestos Mining Association, and die Asbestosis Research Council, sponsored by the British asbestos manufacturing industry. The results of research sponsored by these two agencies and also by individual companies acting independently have contributed significantly to our knowledge of the biological effects of asbestos. in addition, industry environmental control experts are constantly working to develop new or improved methods of handling asbestos and asbestos-containing products safely. Much has been learned about asbestos and health in a very short time--especially when you consider that the greater part of all medical information about asbestos-related disease is less than a decade old. According to Or. Premysl Pelnar of the Institute of Occupational and Environmental Health, approximately 90 per cent of'ali information and data now available is the result of medical studies undertaken during the past ten years. Much more is still needed: In late 1972, The International Agency for Research on Cancer made recommendations for further research and indicated priorities for work of immediate and long-term value. Emphasis was placed on epidemiological and pathological studies, and high priorities were urged for certain projects. These included: 1. Usefulness of early detection in the prevention of progressive fibrosis and asbestos cancers and in the identification of hazardous conditions; 2. Assessment of excess cancer risks following exposure to only one variety of asbestos; 3. Amount and type of asbestos in the lungi of mesothelioma cases; 4. Secular changes in incid=nca of pleural and peritoneal mesotheliomas nationally and internationally; . 5. Possible association between past exposure to asbestos and cancer of sites other than lung, pleura and peritoneum; 6. Relationship between asbestosis and risk of carcinoma. The asbestos manufacturing industry will continue to support and cooperate in research projects of this nature. The Asbestos Information- Association, for example, is presently 4 UCAREF00012606 sponsoring a study at the Harvard School of Public Health on chert ausculation (breathing sounds) as an early detection device in the diagnosis of asbestos-related disease. While this needed additional information and data is being developed, the industry will take all steps necessary to assure a safe working environment for its employees and for applicators and fabricators of asbestos-containing products. Asbestos inicrmatioft Association North America 1680 L Street, N. W. Washington, D. C. 20036 5 UCAREF00012607 RULES AND REGULATIONS Title 2S--UBOR Chapter XVII--Occupational Solely and Health Administration, Depart ment of tabor FART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Standard far Exposure to Asbestos Dust ' On December 7. 1971. sn emergency temporary standard concerning exposure to asbestos fibers was published la the FcBCiui Rcetsm <36 F R. 23307). In ac cordance with section 6<c> (3) of the Wilhams-Steiger Oecupuional Safety and Health Act of 1970, a notice of proposed rulemaitmc regarding a permanent standard for exposure to asbestos fibers s at published in the Fzszxal Racism on January 13. 1973 <37 FR. 469). The no tice invited Interested persons to submit both orally and in writing. data, views, and arguments concerning the proposal. On or about January 24.1972. the Ad visory Committee on Asbestos Dust was established and requested to make writ ten recommendations with regard to the proposed standard on asbestos. On or about February 1. 1973. the Department of Health. Education, and Welfare trans mitted to the Secretary of Labor a cri teria document containing Racommenda- tlons for an Occupational Exposure exposure to asbestos fibers and the sp. Standard for Asbestoa by the National pearanee of advene biological manifes Institute for Occupational Safety and tations. such as asbestosu. lung cancers, Health (NIOSHi. Public notice was given and mesothelioma, have given rise to of the receipt of the recommendations controversy ss to the validity of the and their availability for Inspection and measuring techniques used and the relia copying. On or aoout February 25. 1973. bility of the relations attempted to be the Advisory Committee on Asbestos Dust established. Because of the long lapse submitted ;t* written recommendations of time between onset of exposure and. to the Assistant Secretary of Labor for biological manifestations, we have now Oecupauonal Safety and Health. evidence of the consequences of exposure, Pursuant to the notice of rule making, but we do not have, in general, accurate a hearing was held on March 14 through measures of the levels of exposure oc 17.1973. for the purpose of receiving oral curring 20 or 30 years ago. which have data, views, and arguments concerning given rue to these consequences. There the proposed standard. On or about are also controversies concerning the March 31.1972. the presiding hearing ex relative toxicity of the various kinds of aminer certified to the Assistant Secre asbestos, snd varying hazards in dif tary of Labor for Occupational Safety ferent workplaces. and Health the record of the proceeding. It is fair to say that the controversy The record includes prehearing written has centered in the area between a two- comments, a transcript of the oral pres fiber TWA concentration and five-fiber entations made at the hearing, and nu TWA concentration, with variations on merous exhibits received during the the time needed for compliance. Many course of the hearing or within the pe employers support a five-fiber TWA. riod allowed after the dose of the Most medical opinion Is divided between hearing. ' a two-fiber standard and a five-fiber The proposed standard dealt with (1) standard. permissible concentrations of asbestoa In view of the undisputed grave con fibers: (2> methods of compliance; <3> sequences from exposure to asbestos warning signs: <4) monitoring: <) med fibers, it Is essential that the exposure be ical examinations; and <> recordkeep regulated now. on the basis of the best ing. Each of these major proposals elic evidence available now. even though it ited comments, arguments, objections, may not be as good as cientiflcallv de and counterproposals. They all have been sirable. An asbestos standard can be re examined and considered. evaluated In the light of the results of 1. Acceptable concentrations of asbes ongoing studies, and future studies, but tos dust. The proposed standard would cannot wait for them. Lives of employees limit occupational exposure to 8-hour are at stake. time-weighted average (TWA) airborne Xt Is concluded that there should be concentrations of asbestos dust not ex one minimum standard of exposure to ceeding five fibers longer than five asbestos applicable to all workplaces ex micrometers per milliliter. Concentra posed to any kind, or mixture of kinds, tions above five fibers but not to exceed of asbestos. Reasons of practical ad 10 fibers (celling concentration) would ministration preclude a variety of stand be permitted up to 15 minutes in an hour, ards for different kinds of asbestos and but for not more than 5 hours in any one of workplaces. Also, while the evidence l-hour day. lends to show that crocidolite. for in NIOSH in effect has recommended stance. Is more harmful than chrysotue. that the flve-flber TWA and 10-fiber - the evidence is not sufficient to establish peak concentrations be permitted only separate standards for varieties of for 2 years: thereafter. TWA concentra asbestos. tions should be not more than 2 fibers Because there must be one standaid per cubic centimeter ica*) of air. and governing exposure to all varieties of peak concentrations should not exceed 10 asbestoa. and in workplaces apparently flbers/cm.`. with no tune restriction. more hazardous than others: because Numerous objections and counterpro some present employees with regular ex posals have been made, with regard to posure to asbestos have probably al both the limits of asbestos fiber concen ready accumulated great doses of asbes trations and the time periods to comply tos fibers, due to higher levels of ex with them. Some, for example, have rec posure in the past; because it appears ommended return to a 12-flber standard that levels of exposure which may oe of an earlier day; le.. a level adopted safe with regard to asbestosis are not under the Wolrh-Healey Public Con safe with regard to mesothelioma, be tracts Act in i960. Others have recom cause the statute requires the protection mended a two-fiber standard to become of every employee, even of one who may effective ui 8 months, then a one-fiber have regular exposure to asbestos during standard for 3 years, and finally a zero- a working life which may reach, or nen fiber standard after 3 years. These rec exceed. 40 years: and because of sei ei al ommendations give a fair indication of other considerations which haie been the aide spread of the counterproposals. urged snd are reflected In the record of No one has disputed that exposure to asbestos of Inch enough intensity tad long enough duration la causally related to asbestosu and cancers. The aisput* la as to the determination of a specific level below which exposure Is safe. Various studies attempting to establish quantita tive relations between specific levels at the proceeding, the conflict in the medi cal evidence le resolved in favor of the health of employee*. At of July 1. 1979. TWA concentrations of asbestos fibers longer than 9 micrometers will not be allowed to exceed two fibers'cc. with a celling value of 10 Rbers/cc. The cunent TWA concentrations of five fibers, and rtsuAi. UOISTU. VOL 37, NO. 110--W*0*110AT, 1UNI 7. 197S UCAREF00012608 KUIES AND tICUlATlONS 11319 ceiling concentration* of 10 flbers/cc. fibers, so that these would not be released 6. Records. The standard, as proposed wiu be permuted until July 1.1978. dur la the normal use of the products, should and aa adopted, requires maintenance of ing what will be a transitional period not be required to be labeled: aad (3) records of monitoring snd of medical deemed necessary to allow employers to words such as "danger" and "cancer" are examinations. Most of the controversy m make the needed chantea for coming unwarrantedly alarming. this area has revolved around the ques Into compliance with the more stringent Both contentions have merit, and the tion whether an employer should be. al standard. standard has been changed accordingly. lowed to have aceew to the resulU of The record shows that the many work 4. Monitoring. The proposed standard the required medical examinations. The operations subject to the single asbestos would have required personal monitor apprehension of those who have argued standard (textile, manufacturing. Indus ing and environmental monitoring. against employer access is bssed on the trial. and marine Installation, etc.) will Many Issues have been raised concerning expectation that some employers will use meet varying degrees of difficulty in the availability and reliability of meas the medical examinations as s means of complying with the standard. In some uring instruments, frequency of moni screening employment applicants, snd plants, extensive redesign and reloca toring. and conditions In which monitor worse, as grounds for discharging current tion of equipment may be needed. It ap ing should bo required. The adopted employees, who show signs of being af pears. however, the delay in the effective standard takas the objections Into con fected by exposure to asbestos. Since the date of the two-fiber standard will pro sideration. It requires periodic monitor purpose of the medical examinations is~ vide all employers a reasonable tune to ing at intervals no longer than g months, to monitor the health of employees ex comply. At the same tune, so long as the thus allowing considerable time and dis posed to the hazards of abestos. em celling limit is complied with, no harm cretion. and prescribes the use of the ployees cannot in reason be granted the Is reasonably expected to result from ex membrane filter method, which la an ac privilege of refusing to disclose to their posures during the transitional period. ceptable method for determination of employers results of occupational expo Methods of compliance. It baa been asbestos fibers. sure. It does not make sense to require pointed out by many persons, that pro It hss also been recommended that employers to provide medical examina tection against asbestos fibers Is best employees or their representatives should tions if they cannot know and use the obtained by controlling the generation of have - an opportunity to observe the results of the examinations. For these fibers first, and secondly, by controlling monitoring. The recommendation has reasons the standard provides that em- the dispersion of released fibers Into the been accepted. ployere may have a restricted access to ambient air o! the workplaces. Therefore, 5. Medical examinations. Tbs pro some medical information. the standard requires feasible techno logical controls and appropriate work practices as the primary means of com pliance. Rotation of employees as a way of meeting the TWA concentration re posed standard would only require an appropriate medical examination on a periodic basis. The generality of the pro posal has attracted many objections snd also many helpful comments. The recom On the other hand, there is no Inten tion to allow employers to abuse medical information obtained pursuant to the Act. to the detriment of employees. Therefore, the administration of the quirement Is allowed only In stated ex mendations of NIOSH aad of the Advi medical records requirement will be ceptional circumstances, because, as a sory Committee on Asbestos Dust were closely watched, snd. In cases of abuse, general rule. It would be difficult to im much more specific with respect to both appropriate action will be considered. plement. Personal protective equipment, such as respirators, cannot be relied upon because, among other reasons, they may be so uncomfortable as to be bur densome. except for short periods of frequency aad type of medical examina tions to be required. The comments vary as to the class of employees to be ex amined snd as to the frequency of the eliminations. The issues discussed above are believed to be the major ones. Numerous other is sues have been raised In the rulemaking proceedings. Some have been referred to Incidentally. Many recommendations, for time. Therefore. It is expected that res The adopted standard requires medical instance, about work practices, are so pirators and shift rotation will be used examinations both at the beginning aad obviously meritorious that their adop during the period necessary to install en the termination of employmenu exposed tion needs no exposition here. Other gineering controls and to train employ to concentrations of asbestos fibers, and recommendations and many objections ees In sound work practices, but. after also requires annual medical examina have not been adopted for a variety of technological compliance has been tions of every employee exposed to air reasons which should be manifest. Sev achieved, their use must be limited to borne concentrations of asbestos. It has eral. for Instance, have recommended special work situations and emergencies. been pointed out that In certain Indus- , the use of respirators only pursuant to a Where both are practicable, shift rota tries, such as construction, se employee variance, or la cases of emergency and tion is required. ' . 3. Labeling. The proposed standard stopped short of requiring labeling as bestos and asbestos-containing products. The proposed standard would have re may work for several employers during the same year. Accordingly, the standard does not require either preemploymsnt. or termination, or periodic ezanunston of any employee who has been examined occasional short-term exposures. The recommendation with respect to vanances undoubtedly has many merits, but Is considered administratively im quired only warning signs at locations in accordance with the standard within practical. where asbestos hazards ar present. the past year. Accordingly, after consideration of the However, labeling rather than warning One question which has been raised whole record of the proceeding, and sums, has proved to be a point of contieversy. 3oih NIOSH and the Advisory Committee on sjsbe-.ioj Dust recom mended lr.be1$ for asbestos products and goes to whether the employer or the em ployee should be allowed to choose the examining physician. The standard gives the option to the employer. Since pursuant to sections 8 (b) and (c) and 8<e> at the WilUams-Stefger Occupa tional Safety aad Health Act of 1870 184 containers, and these recommendations some employers already have a medical Slot 1383. 1398. 1399; 39 DS C. 633. became very I'ontrorrrs.al In the course examination program in operation, and. 637). 39 era 1910.4. and to Secretory of of the proceeding. Many eounterpro- also, have medical departmenu with Labor's Order No. 13-71 (38 FA. >734). proposals have been made as to the lanr.uace of the warnmc as welt as to the products to be tubji-ct to the labeling requirements. Employers, in general, strongly rnntmd that 11 > finished prod some expertise in the diagnosis of abes- tos-related diseases, it stems more reasonable to permit them to utilize the present programs and expertise, than to permit an employee to choose a private Fart 1910 of TUls 29 or the Code of Fed eral Regulations is amended as set forth below. (1) Seetlon 1910.93 la amended by re ucts which effectively entrap asbestos general practitioner. vising Table 0-3 to read as follows: KDIUi 980ISTII, VOL JT, NO. IIP--WttNUOAT. JUM T, I97S UCAREF00012609 11320 RULES AND REGULATIONS | 1910.93 Air eontxmlaanU. Taiu <M-Mvuift Dwi O utMtto ftfPDtf c/Ul fliCnrtv*'Uliln** <lu*tU (r*ptfblo).......... tOttj'V** Quarts (toul dust)... WOrU CfKniniitboAflUlerulV*(***dH(rrtnhuo lM cvgut or *ia formula* lor TirtaiUliycumurlltoittrM Vfyo&*mHuttot*fovr*tfu* mu`*r for unarii ATU*rU>lorpohiootur<* Ht)nriruoUrti-hk.c..o.a..t.u..ro. i 9 fiblkifiitti*i** aOifluraii.hftii l4^ ry* FfM..t*.U..O.............................................. 3TDO TI'n*Fifrta..n..il.................................... 99 <'r|Mir iA*tur*J`........... U 1 alt-(silsuosLt.****,yiiiiu*a*iti*.'.f.r.a.c..li.o.u.............. fir inof^Onii .'* 5iOt ... . Ii.^rt or TU*I tVlurt..t..i..r.. ..H..u.-..i............. ImI %fcOrt3 taf'M* %IOi 3 tmt'W or l0n|iP %VQt+% linIrgn-tMW* Nor* CAnwhin feet*-- ETMiprfxSI ! milUcn peruc** per cuMc l - iwtteirx p.*r c c u( jur*iM cubic fool of air. hud on |iine*r san piM orui rc<l l y iicM flIU toefinko. h * Tihhre vpwoft^i'oicnf^Oe 'torfrnetmryriduUfir*o*maJtklraboinrnUeioloTrnrpalul*o. rlsrartn* ii rtuniwtn!iot*cbiovwrpn:cicv-*h;ln*.vtueb otter aoiAoda boro OM***^aHkIt*aAiiMi*noor>^frni*iU>raiituiRLbmi>.nniriio>^tinrefiaifnatncrdo*antpti>ooeboroeborMnldftrgJittuonrrvmatlirHttbot orfdrtobamo it* fr.*crion p&*ui j a tiMtiNUM vilft tbo followmg <ttanrfrnuc> A.i.-U-i.i nir itiAii *1f mini iphrrr rfffwf p**drn idretof soii:oi A? I Tl*e m*wir**trfiio under ttt not* mrr to lh* oso of ait Al'f* in*irwnefl. tf Lhr rr^tfmhlr (WUM Of onal iu-* m itlt % Mb f. the ftcwr currsaponoutf l* Uiaf of .* t Mg 'l* in iu* ubi* for coai dull a U ttt H*. 2. A new | l#to 93a U added to Part 1910. readme as follows: $ 1910.93* ,4-braiu*. <a Definitions. For tha purpose of this section. <1- "Asbestos" includes chryaotile. amosite. croddolite. tremoltte. anthophyllite. and actmoUtt. <2> "Asbestos fibers" mesas asbestos ftbers longer than 3 micrometers. <b> Permissible exposure to airborne concentrations of asbestos fibers--< l) Standard rtfretire July 7. 1972. The -hour time-weighted average airborne concentrations of asbestos fibers to which any employee mey be exposed shall not exceed five fibers, longer than S micrometers, per cubic centimeter of air. as determined by the method pre scribed In paragraph e> of this section. (2) Standard effective July I, H7t. The I-hour time-weighted average air borne concentrations of asbestos fibers to which any employee may be exposed (d) Personal protective eavivment-- shall not exceed two fibers, longer than (1) Compliance with the exposure limits S micrometers, per cubic centimeter of prescribed by paragraph <b> of this sec air. as determined by the method pre tion may not be achieved by the use of scribed la paragraph <ei of this section. respirators or shift rotation of. em (3) Ceiling concentration. No em ployees. except: ployee shall be exposed at any time to airbom* concentrations of asbestos fibers in excess of 10 fibers, longer than 3 micrometers, per cubic centimeter of air. at determined by the method pre scribed in paragraph <e> of this section. <C) Methods o/ compliance--til En gineering methods, ill Engineering con trols Engineering controls, such as. but not limited to. isolation, enclosure, ex haust ventilation, and dust collection, shall be used to meet the exposure limits prescribed la paragraph (b) of this seeuoa. ' (1) During the time period necessary to Install the engineering controls and to institute the work practices required by paragraph <e> of this section: Oil In work situations In which the methods prescribed In paragraph <e> of this section sre either technically not feasible or feasible to an extent insuffi cient to reduce the airborne concentra tions of asbestos fibers below the limits prescribed by paragraph <b) of this section: or <1U> In emergencies. (111 Local exhaust ventilation, (a) local exhaust ventilation and dust col lection systems shall be designed, con structed. Installed, ar.d maintained in accordance with the American National. <lv> Where both respirators and per sonnel rotation are allowed by subdivi sions (1>, <U>. or Mil) of this subpara graph. and both are practicable, person nel rotation shall be preferred and used Standard Fundamentsils Qovemihg the. <2> Where a respirator is permitted by Design and Operation of Local Exhaust subparagraph <1) of this paragraph, it Systems. ANSI Z9 2-1971. which Is in shall be selected from among those ap corporated by reference herein. proved by the Bureau of Mutes. Depart <b> See 11910 0 concerning the avail ability of ANSI Z9.2-1971. and the maintenance of a historic file in connec tion therewith. The address of the Amer ican National Standards Institute ts given in 11910.100. <1111 Particular tools. All hand-op erated and power-operated tools which may produce or release asbestos fibers In excess of the exposure limits pre scribed in paragraph (b> of this section, such as. but not limited to. taws, scorers, abrasive wheels, and drills, shall be pro vided with local exhaust ventilation sys tems In accordance with subdivision ill)' of this subparagraph. <2> Work practices--<1> Wet methods. Insofar as practicable, asbestos shall be handled, mixed, applied, removed, cut, scored, or otherwise worked In a wet state sufficient to prevent the emission of airborne fibers in excess of the ex posure limits prescribed in paragraph <b) of this section, unless the usefulness of the product would be diminished thereby. (U> Particular products and opera ment of the Interior, or the National In stitute tor Occunatlonal Safety and Health. Department of Health. Educa tion. and Welfare, und-r (he provisions of 30 CFR Part U <37 FR. #214. Mar. 23. 1972>, and shall be used In accordance with subdivisions <1*. <U). nil), and Uv> of this subparagraph. M> Air purifying respirators. A reusa. ble or single use air purifying respirator, or a respirator described In subdivision Ml) or MU) of this subparagraph, shall be used to reduce the concentrations of airborne asbestos fibers in the respirator below the exposure 1'mlts prescribed in paragraph <b> of this section, when the ceiling or the 8-hour time-weighted aver- 'Lge airborne concentrations of asbestos fibers are reasonable expected to exceed no more than 10 times those limits. till Poteered air purifying respirators. A full facepiece powered sir purifying respirator, or a powered air purifying respirator, or a respirator described in subdivision Oil) of this subparagraph, shall be used to reduce the concentra tions of airborne asbestos fibers in the respirator below the exposure limits pre tions. No asbestos cement, mortar, coat scribed in paragraph <b> of this section, ing. grout, plaster, or similar material when the ceiling or the l-hour time- containing asbestos shall be removed weighted average concentrations of from bags, cartons, or other containers asbestos fibers are reasonably expected In which they arc shipped, without being to exceed 10 times, but not 100 tine*, either wetted, or enclosed, or ventilated so as to prevent effectively the release of airborne asbestos fibers in excess of the limits prescribed in paragraph <b( of this section. <U1> Spraying, demolition, or removal. those limits. < 111) Type "C" supplied-air respirator*, continuous /low or pressure-demand class. A type "C" continuous flow or pres sure-demand. suppiied-air respirator shall be used to reduce the concentra Employees engaged in the spraying of tions of airborne asbestos ftbers in the asbestos, the removal, or demolition of respirator below the exposure limits pre pipes, structures, or equipment covered scribed in paragraph to) of this section, or insulated with asbestos, and in the when the celling or the B-hour time- removal or demolition of asbestos in weighted average airborne concentra sulation or coverings shall be provided tions of asbestos fibers are reasonably with respiratory equipment in accord ance with paragraph id)(2><UI) of this section and with special clothing In ac cordance with paragraph id t3> of this expected to exceed 100 times those limits. Uv) fjtoMuAment of a respirator pro gram, (a) The employer shall establish MCtiOBe a respirator program la accordance with NMUl norms. VOL 39. NO. 110--WtDNSSOAV. hJN* 7. 1979 UCAREF00012610 RULES AND REGULATIONS 11321 the requirement* of the American Na where asbestos fibers are released to bo subparagraph shall conform to tho re tionai Standard* Practices for Respire- monitored in such s way as to determine quirements of 20" x 14" vertical format ory Protection. AN 31 ZJ8 2-1969. which whether every employees esposure to signs specified m 11910.143(d)(4). and la .nrorporated by reference herein. asbestos fibers Is below the limits pre to this tubtlivtilon. The signs shall dis b See I 19t0 6 coreemuif the avail- scribed in paragraph (bi of this sec play the following legend in the lower ahitity of ANSI Z8B 2-li59 and the main tion. If the limits are exceeded, tha em panel, with letter else* and styles of a tenance of an hmartc f-e in connection ployer shall immediately undertake a visibility at least equal to that specified therewith. The address of the American compliance program in accordance with In this subdivision. National Standards Institute u given in I 1910 100. ic No employee shall he assigned to tasks requiring the use of respirators if. based upon his most recent examination, paragraph <ci of this section. (2> Perional monitoring--<l> Sam ples shall be collected from within the breathing zone of the employees, on membrane filters of 0 S micrometer po- legend Asboitaa .....__ ---- Dust Hassid Notation 1" Saae Seri*. Oothle or Block. 1," saaa Bcrtf. an examtning physician determines that rossity mounted in an open-face filter Gothic or the employee will be unable to function holder. Samples shall be taken for the Block. normally wearin* a respirator, or that determinauon of the l-hour time- Avoid Brestnine Dust... >;- Gothic. the safety or health of the employee or other employees *u: be .mpsired by tu use of a respirator. Such employee shall be rotated to another job or given the opportunity to transfer to a different po weighted average airborne concentra tions and of the ceding concentrations of asbestos fibers. <ii> Sampling frequency and patterns. After the initial determinations required Wear Assigned Protective Equipment. Do Nat turnsin In Area Unleu Tour Work Boquirw It. Brestbing Asbestos Duet < " Gothic. V Gothic. 14 point Gothic. sition whose duties he is able to perform by subparagraph (1) of this paragraph, May Bs Hassidous To with the same employer, in tne same geo samples shall be of such frequency and Tour Haatia. graphical area arc w-th the same senior ity. status, and rate of pay he had just prior to such transfer, if such a different position is available. <3* Special clothing: The employer shall provide, and require the use of. spe cial clothing, such as coveralls or similar whole body elolhins. head coverings. Cloves, and foot coverings for an7 em ployee exposed to airborne concentra tions of asbestos fibers, which exceed the ceiling level prescribed at paragraph tot of this section. <4i Chance rooms: P At any fixed place of employment exposed to airborne concentrations of asbestos fibers in ex cess of the expo-'-re l.mits prescribed m paragraph <b> of this section, the em ployer shall provide change rooms for employees work.ng regularly at tne place. iil> Clothes lockers: The employer shall provide two separate lockers or con tainers for each employee, so separated or isolated as to prevent contamination of the employee's street clothes from his work clothes. pattern as to represent with reasonable accuracy the levels of exposure of em ployees In no case shall the sampling bo done at intervals greater than 4 months for employees whose exposure to asbestos may reasonably be foreseen to exceed the limits prescribed by paragraph <b> of this section. c31 Environmental monitoring--<1> samples shall be collected from areas of a work environment which are represent ative of tha airborne concentrauons of Spacing between lines shall be at least equal to tha height of the upper of any two lines. (2) Caution fcbefs--U' Labeling CiuUon labels shall be affixed to all raw materials, mixtures, scrio. waste, debris, and other products containing asbestos fibers, or to their containers, except that no label Is required where asbestos fibers have been modified by a bonamg agent, eoaung. binder, or other material so that during any reasonably foreseeable use. asbestos fibers which may reach the breathing sons of employees. Samples handling, storage, disposal, processing, or transportation, no airborne concentra shsll be collected on s membrane filter of 3 6 micrometer porosity mounted in sn cpen-fsce filter holder. Samples shall be taken for the determination of the 8hour time-weighted average airborne concentrations and of tho ceding con centrauons of asbestos fibers. <ii> SampUng frequency and patterns. After the initial determinations required by subparagraph O) of this paragraph. , tions of asbestos fibers In excess of the exposure limits prescribed in paragraph (b> of this section will be released <u> Lcbet tpecificotions. The caution labels required by subdivision to of this subparagraph shall be printed in letteis of sufficient size and contrast as to be readily visible and legible. The label shall state- Caotmm samples shall be of such frequency and ` pattern as to represent with reasonable, Contain* Asbestos ribvr* Mil* Laundering: (c> Laundering of accuracy the levels of exposure of tne ' ' Avoid Crossing Dust asbestos contaminated doming shall be employees. In no ease shall sampling bo done so as to prevent the release of air at intervals greater than months for Breathing Aehestas Dust Mtv cause Serious Bodily Herm borne asbestos fibers in excess of the ex employees whose exposures to asbestos (hi Housekeeping--<U Cleaning. All posure limits prescribed in paragraph (bt may reasonably bo foreseen to exceed ekternal surfaces in any place of employ of this section. . the exposure limits prescribed in para ment shall be maintained free of accu <b> Any employer who gives asbestosronUmmated clothing to another person graph <b> of this section. <41 employee observation 0/ monitor mulations of asbestos fibers if. with their dispersion, there would be an excessive for laundering shall inform such person of the requirement in e i of this subdi vision to effectively prevent the release of airborne asbestos fibers In excess of the exposure limits prescribed m para graph >bi of this section. ic< Contaminated clothing shall be transported in sealed impermeable bags, or outer closed, impermeable containers, and labeled ui accordance with para graph <g> of this section. ing. Affected employees, or their rep resentatives. shall be given a reasonable opportunity to observe any monitoring required by this paragraph and shall have access to the records thereof. ig> Caution signs and labels. (1) Cau tion signs. !> Posting, caution signs shall be provided and displayed at each location where airborne concentrauons of asbestos fibers- may be in excess of tho exposure limits prescribed in paragraph concentration. (2> Waste disposal. Asbestos waste, scrap, debris, bags, contamers, equip ment. and asbestos-contaminated cloth ing. consigned for disposal, whlcn may product m any reasonably toreseeao.e use. handling, storage, processing, dis posal. or transportation airborne concen trations of asbestos fibers in excess of tne exposure limits presented in- paragraph tb! of this section snail be collected and <e> Afrfftod of mearitremenf. All de ib) of this section. Signs shall be paeted disposed of in sealed impermeable b.ta*. terminations of airborne concentrations at such a distance from such a locauon or other dosed, impermeable containers. of asbestos fibers shall be rr.sce by the so that an employee may read the signs (I) Recordkeeping--(1' Exposure rec membrane filter method at~400-436 X and take necessary protective steps be ords. Every employer shall maintain rec * magmflcatloni (4 millimeter objective) with phase contrast illumination. <f* Xoxiforing--'!> Initial determi nation*. Within I months of the publi fore entering tne area marked by tho signs. Signs shall be posted at all ap proaches to areas containing excessive concentrauons of airborne asbestos fibers. ords of any personal or environmental monitoring required by this section Rec ords shall be maintained for a period of at least 3 yean and shall te made avauable upon request to the Assistant Secre cation of this section, every employer <U> Sign specifications. The warning tary of Labor for Occupational Safety shall cause every place of employment signs required by subdivision (i> of this and Health, the Director of the National most nouns, vot sr. no. ito--wibncsdat. rim r. itn UCAREF00012611 11-122 RULES AND REGULATIONS Institute for Occupation*! Safety and Health, and to authorised representa tives of either. (2> Employ*** access Every employee nnd former employee shall have reason able access to nv record required to be maintained by 'uiiparagniph <1< of this paragraph, a Inch indicates the em ployee's osn exposure to asbestos fibers. 131 employee nuhit-attoit. Any em ployee found to hits* been exposed at any time to airborne concentrations of asbes tos fibers in excess of the limits pre scribed in paragraph b1 of this section shall be notified in writing of the expo sure aa soon as practicable but not later than S days of the flnctrns Tti* employee shall also be timely notified of the cor rective action heme us ten. <1* .ifednei e-ia-n>ac/tons-- l> Gen eral. The employer shall provide or make available at hu cost medical examina tions relative to exposure to asbestos re quired by tlnsparaeiT.ph il Preplaennent. The emplojer shall provide or make available to each of his emulnvees. vnihin no calendar davs fol lowing his fir<t employment m an ueruputinn * ixiNtvl io urborne eeneenlrationx nl asbestos fibers, a compreJietiMvc medical .'xsiiiihation. which shall include, aa a minimum, a chest roent genogram i posterior-anterior 14 x 17 inches), a history to elicit symptom atology of respiratory disease, and pulmonary function tests to include forced vital capacity FVC> and forced expiratory volume at 1 second (FEV.,). ij> Annual examinations. On or be fore January 31. 1973. and at least an nually thereafter every employer shall provide, or make .-nailable, comprehen sive medical examinations to each of h:s employees engaged in occupations ex- tosed to airborne concentrations of as bestos fibers. Such annual examination shall include, as a minimum, a chest roentcenoeram (posterior-anterior 14 x 17 Inches), a history to elicit symptom atology of respiratory disease, and DulmonaT function testa to include forced vital capacity (FVC> and forced expiratory volume at 1 second (FEVi ). (4) Termianfton of employment. The employer shall provide, or make avail able w-:tlun 30 calendar days before or after the termination of employment of any employee engaged in an occupation exposed-to airborne concentrations of asbestos flners a comprehensive medical rxamit.a;;on which shall include, aa a minimum, a chest roentgenogram (pos terior-anterlor 14 x 17 inches*, a history to elicit symptomatology of respiratory disease, and pulmonary function tests to include forced vital capacity ' FVC> and forced expiratory volume at 1 second 1FEV..K <S> Recent examinations. No medical examination is required of any em ployee. if adequate records show that the employee has been examined m ac cordance with tiu% paragraph within the past 1-yeor period. C) kfedirof records--<t> Mainte nance Employers of employees examined 'ursuant to this paragraph shall cause .o be maintained complete and accurate records of all such medical examina tions. Records shall be retained by employers for at least 20 years. Mi) Access. The contents of the rec ords of the medical examinations required by this paragraph shall be made available, for Inspection and copying, to the Assistant Secretary of Labor for Occupational Safety and Health, the Director of NIOSH. to authorized physi cians and medical consultants of either of them. and. upon the request of an em ployee or former employee, to his physi cian. Any physician who conducts a medical examination required by this paragraph shall furnish to the employer of the examined employee all the infor mation specifically required by this paragraph, and any other medical in formation related to occupational ex posure to asbestos fibers. " - 2. A new 11910.19 is added to Subpart B of Part 1910. reading as follows: 1910.19 A-broio* du*l. Section 1910 93a shall apply to the ex posure of every employee to asberto* dust in every employment and place of employment covered by 11910.12. 1 1910.13.11910.14. t 1910.IS. or I 1910.16. m lieu of any different standard on ex posure to asbestos dust which would otherwise be applicable by virtue of any of those sections. EOective dale. Paragraph (b)(2) of 11910.93a shall become effective July 1, 1976. All other provisions of H 1919 93a, 1910 93. and 1910.19 shall become effec tive July 7. 1972. The current emergency temporary standard remains in effect until July 7. 1972. ' (Sacs 4. i. 84 Stat ISM. 1398: 29 CSC. 888. 637; 29 CPR 1910 4; Sanatory of Labor's Order No. 12-71. 39 FJl. 87M) Signed at Washington. D.C.. this 2d day of June 1972. O. C. Gonrrax*. Assistant Secretary 0/ labor. [r DOC.73-4374 od 8-8-72; 1:48 am) ^3 Material Safety Data September 1,1876 TIUEPHONI: (7KI *nti PRODUCT: Chrysotile Asbestos TRADE NAMES: "Calidria" Asbestos 1. ^PHYSICALDATA CHEMICAL FORMULA: MB6(OH)aS<01e BOILING POINT AND MELTING POINT: Not Pertinent SPECIFIC GRAVITY (H20-It: 2 46 VOLATILE CONTENT: Absorbed Water 1 - 4% By Weight. Stnictural Water Approximately 13% by Weight APPEARANCE: Pellets or Fine White Powder. No odor. Very Slight Solubility in Water. II.HAZARDOUS INGREDIENTS Asbestoa contains no hazardous ingredients. However, the material itself can be hazardous under certain conditions. ISea V below.) , 111. RIRE AND EXPLOSION HAZARD DATA NON-COMBUSTIBLE MATERIAL: No Fire or Explosion Hazard. IV. REACTIVITY DATA INERT MATERIAL: No Decomposition or Polymerization Conditions. V. HEALTH HAZARD DATA PERMISSIBLE EXPOSURE TO AIRBORNE CONCENTRATION: N The current Occupational Safety and Health Standard (CFR 29,1910.1001) contains the following exposure limits: ' "The 8-hour time-wetted average airborne concentrations of asbestos fibers to which any employee may be exposed shall not exceed 2 fibers, longer than 5 micrometers, per cubic centimeter of air, as determined by the membrane filter method at 400-450 X magnification (4 millimeter objective) phase contrast illumination. No employee shall be exposed at any time to airborne concentrations of asbestos fibers in excess of 10 fibers, longer than 5 micrometers, per cubic centimeter of air, as determined by the method just noted." EFFECTS OF EXPOSURE: CAUTION: Breathing asbestos may cause serious bodily harm. EMERGENCY AND FIRST AID PROCEDURES: No acuta toxicity- Use respirator if airborne asbestos fiber concentration exceeds OSHA limits. 1VI.SSPILL OR LEAKPROCEDURES STEPS TO BE TAKEN IF MATERIAL IS RELEASED OR SPILLED: Avoid inhalation of dust Remove spilled material by vacuum daanar or by water wash. WASTE DISPOSAL: Bags and waste and scrap materials should bo disposed of in a manner which will ovoid airborne concentrations of asbestos, such as the use of dust-tight trash bags or containers. Ensure that disposal complies with all applicable federal, state or local regulations. Union Carbide Corporation assumes no responsibility and makes no warranty, expressed or implied, repre sentation, promise, or statement as to completeness, accuracy, or currency of any data provided. UCAREF00012613 CALIDRIA asbestos - typical chemical analysis Component Weight X MgO Si 62 AI2O3 Fe Ca Co Cr Cu Ni Se Loss on Ignition (CO2 & H2O) 41.9 41.8 0.5 1.4 0.075 0.012 0.15 0.005 0.22 <0.001 13.5 . CALIDRIA ASBESTOS - TYPICAL SPECTROGRAPH!C ANALYSIS nponent Ag A1 As Au B Ba Be 81 Ca Cb Cd Co Cr Cs Cu Fe Ga Ge Hf Hg In Ir K La LI Mg Mn Mo Na Detection Linrit, Analysis, wt. * Wt. X 0.001 0.0002-0.002 0.003 0.01 0.08-0.8... N.D.(2) 0.002 N.D. 0.006 N.D. 0.003 0.001 N.D. N.D. 0.005 N.D. 0.002 0.008-0.08 0.006 N.O. 0.01 0.01 N.D. 0.008-0.08 O.OM N.A.U) 0.02-0.2 -- 0.001 0.004-0.04 0.006 0.8-8.0 0.01 N.O. 0.005 N.O. 0.03 0.02 N.O. N.O. 0.03 N.D. 0.03 N.O. N.A. ---- 0.01 0.1 N.O. N.O. 0.001 Major 0.003 0.008-0.08 0.003 N.O. 0.03 N.D. (1) N.A. - Not analyzed. fS N.O. - Not detected. By chemical analysis. Detection Limit, Analysis, Component * Wt. X Wt. X NI 0.003 Os 0.03 P 0.08 Pb 0.003 Pd 0.005 Pt 0.005 Rb N.A. Re 0.03 Rh 0.02 Ra 0.03 Sb 0.01 Sc Se * 0.01 -- SI 0.001 Sn 0.002 Sr 0.01 Ta . 0.01 Te ; 0.05 Th 0.03 Ti 0.003 T1 0.2 U 0.1 V 0.003 W 0.01 Y 0.01 Yb 0.01 Zn 0.02 Zr 0.006 0.08-0.8 N.D. N.D. N.D. N.D. * N.O. -- N.D. N.D. N.D. N.D. <0.o6l(3) Major N.O. N.D. N.D. N.D. N.D. 0.004-0.04 N.D. N.D. N.D. N.D. N.D. N.D. N.D. N.D. UCAREF00012614 EXHIBIT C Since approximately the mid-1970's, unless the customer requested otherwise, each Kraft bag containing CALIDRIA asbestos has been covered with a tight-fitting, plastic film, and each pallet containing such bags is also covered with such tight-fitting, plastic film. Union Carbide has printed two cautionary statements on its CALIDRIA packaging: (1) The first cautionary statement used from June, 1968 through May, 1972 read as follows: "Warning: breathing dust may be harmful. Do not breathe dust." (2) The second cautionary statement was prescribed by OSHA in 1972 and was first printed on CALIDRIA packaging in June of that year. This cautionary statement is currently printed on CALIDRIA packages and reads: "Caution. Contains asbestos fibers. Avoid creating dust. Breathing asbestos dust may cause serious bodily harm.^ Union Carbide has also furnished its new customers with written information warning them about the hazards associated with exposure to asbestos and the means of minimizing such hazards. This literature is prepared by Union Carbide personnel and by the Asbestos Information Association/North America. UCAREF00012615 e J. STATE OF MINNESOTA DISTRICT COURT 2 COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT 3 4 James W. Manisto and Patricia E. Manisto, husband and wife, 5 Plaintiffs, 6 vs. 7 American Brake Block Corporation, et al.. 8 Defendants, 9 and FILE: C5-83-100S 10 Armstrong World Industries (Delaware), Inc., 11 Flintkote Company, GAF Corporation, 12 Keene Corporation, National Gypsum Company, 13 Owens-Illinois, Inc., Southern Textile Corporation, 14 T&N PLC, Union Carbide Corporation and 15 United States Gypsum Company, , 16 Defendants and . 17 Third-Party Plaintiffs, vs. 13 Conwea Corporation (a Delaware 19 Corporation), 20 Third-Party Defendant. 21 22 Deposition of THOMAS NORRIS, taken pursuant to 23 Notice of Taking Deposition, and taken before Kirby A. Kennedy, a Notary Public in and for the County of Hennepin, 24 State of Minnesota, on the 16th day of January 1939, at The Registry Hotel, 18800 Mac Arthur Boulevard, Irvine, 25 California, commencing at approximately 9:00 o'clock a.m. a KIRBY A. KENNEDY & ASSOCIATES "" (612) 922-1955 UCAREF00012616