Document GKrj4JY0mDKRXZLrb0Z37YLnq

FILE NAME Reichhold REI DATE 2012 June 11 DOC REI038 DOCUMENT DESCRIPTION Legal - Deposition of Barry Castleman Deposition of Barry Castleman June 11 2012 Case In Re Asbestos Litigation 072012J TG M MillerVerbanoReporting Papriluss Specialists for Comples Litigation M3 49XX 49XX 302.464.0880 302.261.7396 Office@Miller-Verbano.com Barry Castleman Page 1 1 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE 2 IN AND FOR NEW CASTLE COUNTY 4 IN RE ASBESTOS LITIGATION CERTIFIED TRANSCRIPT 5 67 072012J TRIAL GROUP 67 Riess Alyce Fuller C.A. No. 04-087 8 Attwood Raymond C.A. No. 01-021 9 Weaver Yvonne C.A. No. 02-063 10 Hartgrave Anna Rose C.A. No. 07-303 11 12 - 7 57 te 13 Telephonic Deposition of BARRY I. CASTLEMAN SC.D. 14 - oe oe os 15 Monday June 11 2012 16 9:59 a.m. 17 - 5-5 18 19 20 21 22 23 BEFORE 24 Adam D. Miller Registered Professional Reporter M Mulerer Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 2 3 4 5 6 ... 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 TELEPHONIC : APPEARANCES On Behalf of Plaintiffs THOMAS C. CRUMPLAR ESQUIRE JACOBS & CRUMPLAR P.A. 2 East 7th Street 4th Floor P.O. Box 1271 Wilmington Delaware 19899 On Behalf of Reichhold Chemical Inc CHARLES A. McCAULEY III ESQUIRE OBERMAYER REBMANN MAXELL & HIPPEL LLP 1000 North West Street Suite 1200 Wilmington Delaware 19801 - > 5 Fe BY MR MCCAULEY BY MR CRUMPLAR BY MR MCCAULEY INDEX 3 79 86 M Mbyulerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Page 2 Page 2 Barry Castleman Page 3 Page 3 1 BARRY I. CASTLEMAN Sc.D. having 2 first been duly sworn according to law was examined 3 and testified as follows H MR CRUMPLAR Let me just say one 5 > thing real quick before we start questioning Dr. Castleman He has been deposed innumerable times 7 in Delaware and around the country I defended a 8 deposition of him in Delaware August 2nd 2010. I 9 think there's been Delaware depositions since then 10 He's updated his CV 11 I know that under Delaware rules 12 you're obligated to review prior depositions of 13 Dr. Castleman so we do not have duplication I would 14 hope that there will be very minimal questions as to 15 his qualifications because those have been covered 16 many times maybe a brief update in terms of since 17 his last deposition 18 His general state opinion 19 has been covered many times We're producing him so 20 that you can ask him about specific questions 21 regarding Reichhold ... 22 Discussion held off the record 23 BY MR MCCAULEY 24 Q. You heard that preliminary statement did M Mujerve Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 you not 2 A. Sure Page 4 Page 4 3 Q. In January of 2011 you testified that you 4 have no information or opinions on Reichhold 5 Chemical Inc true 6 MR CRUMPLAR Objection to form I 7 don't think that's exactly what he said If you can 8 read the answer I think it would be better 9 THE WITNESS Well the testimony is 10 whatever it is and I stand by it 11 BY MR MCCAULEY 12 Q. Do you believe that you've ever given a 13 deposition where you've expressed any opinions about 14 Reichhold Chemical Inc. 15 A. Well I said they're a chemical company 16 and chemical companies are in the business of 17 handling toxic substances and presumably employ folks 18 who have some expertise in the field of occupational 19 health I imagine I've said that in the past But 20 as to specific documentation on Reichhold I don't 21 think I have cited anything 22 MR MCCAULEY Object to 23 responsiveness 24 BY MR MCCAULEY M M} ulerer Reporting Miller Verbano Reporting 302.464.0880 -- 215.436.9336 Barry Castleman Page 5 Page 5 1 Q. You do not believe that you've ever 2 previously given a deposition in which you've 3 specifically expressed any opinions about Reichhold 4 true 5 A. Well I don't think anything beyond what I 6 just said right 7 Q. Would you be able to tell me the name of 8 any case in which you've ever previously expressed 9 any opinions about Reichhold 10 A. No. I don't remember these depositions 11 and trials I had 78 depositions last year 12 Q. Do you remember how many trials you had 13 last year 14 A. Around 25 to 30 15 Q. And you in your book where you discuss 16 corporations and their knowledge and use of asbestos 17 you do not mention Reichhold in any version of your 18 book do you 19 A. I do not 20 Q. I have been provided with some documents 21 that it has been represented to me that you have 22 reviewed relating specifically to Reichhold Did you 23 receive some documents for these cases in which 24 you've been retained M x Mulerve iy Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman 1 A. Yes sir Page 6 Page 6 2 Q. And from whom did you receive those 3 plaintiff's counsel 4 A. Mr. Crumplar yes 5 Q. And when did Mr. Crumplar send you 6 documents specific to Reichhold 7 A. I talked to him about that yesterday 8 evening 9 Q. And did you receive the documents for the 10 first time yesterday evening 11 A. Well some of this material I had seen 12 before But it was assembled and presented to me 13 yesterday evening by Mr. Crumplar 14 Q. Did you meet with him in person 15 A. Yes I did 16 Q. Where are you today 17 A. I'm in a hotel room in Delaware 18 MR CRUMPLAR Let me say I'm in my 19 office in Delaware 20 BY MR MCCAULEY 21 Q. Where did you meet with Mr. Crumplar last 22 night 23 A. At a restaurant We had dinner 24 Q. And for how long did you meet M Mulerve Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 A. Well two to three hours Page 7 Page 7 2 Q. Did you review some documents over dinner 3 A. I did 4 Q. And were these documents that Mr. Crumplar 5 brought with him 6 A. They were 7 Q. And you didn't have -- before Mr. Crumplar 8 gave them to you you did not have any documents that 9 were specific to Reichhold did you 10 A. No. Well I did not have any internal 11 corporate documents of Reichhold that's for sure Q. And you've reviewed documents relating to Union Carbide in the past right 14 A. Yes I have 15 Q. You discuss Union Carbide in your book 16 correct 17 A. Right That's right 18 Q. And do you recall any of your the Union 19 Carbide documents that you reviewed mentioning 20 Reichhold 21 A. I don't 22 Q. Do you know how Mr. Crumplar went about 23 selecting the documents that he showed you last night 24 at dinner M Mukerver Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman 1 A. Well two to three hours Page 7 Page 7 2 Q. Did you review some documents over dinner 3 A. I did 4 Q. And were these documents that Mr. Crumplar 5 brought with him 6 A. They were 7 Q. And you didn't have -- before Mr. Crumplar 8 gave them to you you did not have any documents that 9 were specific to Reichhold did you 10 A. No. Well I did not have any internal 11 corporate documents of Reichhold that's for sure 12 Q. And you've reviewed documents relating to 13 Union Carbide in the past right 14 A. Yes I have 15 0 You discuss Union Carbide in your book 16 correct 17 A. Right That's right 18 Q. And do you recall any of your the Union 19 Carbide documents that you reviewed mentioning 20 Reichhold 21 A. I don't 22 Q. Do you know how Mr. Crumplar went about 23 selecting the documents that he showed you last night 24 at dinner M M10 ilerver Reporting Miller Verbano Reporting 302.464.0880 -- 215.436.9336 1 2 3 4 5 60 7 00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman A. No I don't Page 8 Page 8 Q. Did he make any representations to you at all about how complete a set of documents he showed you last night A. No. I mean obviously they're -- the internal corporate documents certainly leave a lot to be desired in terms of completeness MR CRUMPLAR Let me just say if you wish to give Dr. Castleman documents that you think will add to the completeness Dr. Castleman is delighted to have documents from defense counsel In fact in his book he acknowledges the help of defense counsel So as a scientist and a scholar he'll welcome the truth from all sources THE WITNESS That's true MR MCCAULEY Object to the sidebar BY MR MCCAULEY Q. In the materials that -- how many documents did Mr. Crumplar present you with at dinner last night A. I don't know But the accumulation of documents is about an inch thick including about a inch is just one photocopied issue of a Chemical Week trade journal from 1966. So that's generally M 3 Mulerver 201 Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman 1 the description I guess I can give you Page 9 Page 9 2 Q. After looking at these documents and 3 meeting with Mr. Crumplar last night did you form 4 5 fi any opinions about Reichhold A. Well certainly some additional information available through the corporate documents 7 that I suppose would add definition to whatever 8 opinions I expressed in the past yes 9 Q. Before your meeting with Mr. Crumplar last 10 night had you ever discussed with anyone from 11 Jacobs & Crumplar what your specific opinions or 12 whether you had any specific opinions regarding 133 Reichhold 14 A. Well I might have just given Mr. Crumplar 15 my you know they were a member of the chemical 16 industry opinion but nothing beyond that 17 Q. But in terms of any specific products that 18 they made before last night did you know what 19 products Reichhold may have made that contained 20 asbestos 21 A. I don't think I did 22 Q. And did you review any formulations for 23 any Reichhold products that may have contained 24 asbestos M Mulerver * Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 10 Page 10 1 A. Well I've seen - and some of the 2 documents refer to the percent asbestos in the 3 granulated resin as being 51 or 52 percent 4 Q. Are you talking about the material safety 5 data sheet > A. That might be one of the documents that 7 does that yes 8 Q. Do you know what the product is that 9 Reichhold manufactured that contained asbestos that's 10 allegedly involved in this case 11 A. Yes Aphenolic resin that was about 12 50 percent 51 52 percent asbestos 13 Q. Other than the material safety data 14 sheet -- first of all do you have any documentation 15 about where the material safety data sheet came from 16 the one that you reviewed 17 A. Nothing beyond whatever it says on the 18 face of the document itself 19 Q. Have you seen any what you believe to be 20 any documentation that Square D ever purchased 21 phenolic molding compounds from Reichhold 22 A. No I'm not testifying about product 23 identification Other witnesses will do that 24 Q. Of the grades of phenolic molding M Mulr*y* Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 UT 6 7 00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman compounds that Reichhold manufactured Page 11 Page 11 do you know how many of those grades contained any asbestos at all A. No I don't Q. Are you familiar with the NIOSH definition for containing product that was published in the 1970s A. I don't know what you're referring to Q. Are you aware of NIOSH publications that state that products with less than 5 percent asbestos are not considered asbestos products at all A. No I'm not aware of that Q. Are you aware of any statement by OSHA in the 1970s that a product that contains less than 5 percent asbestos is not considered an containing product A. No I'm not aware of any such statement Q. Are you aware of any such statement regarding products that contained less than 2 percent asbestos from OSHA or NIOSH A. No I'm not Q. How about 1 percent asbestos A. No. I can't recall any statements from either of those agencies that would draw such a line M M:ilerve Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman Page 12 Page 12 and indicate that products with less asbestos in them than 1 percent or whatever are harmless or not counted as asbestos products Q. Are you familiar with any of the other ingredients that were in any of the phenolic molding compounds that contained asbestos made by Reichhold A. Well it looks from one of these documents like vinyl chloride might be involved but it's not clear from the document whether that's the case Q. Have you previously reviewed any materials relating to -- well first of all are you familiar with the Square D company A. Just the least bit Q. Do you know who their successor is that's still in business A. No I don't Q. Have you ever heard of Schneider Electric A. It may have come up in some deposition or trial I don't -- not in trial Probably in deposition But I don't really remember it's kind of a blur Q. You're generally aware that Square D in the 1960s 70s and 80s manufactured electronic components things like switch boxes correct M Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 A. So I understand yes Page 13 Page 13 2 Q. And you're aware that the plaintiffs in 3 the case worked at a Square D facility in Cedar 4 5 6 7 8 9 10 11 12 13 14 Rapids Iowa A. Yes Q. And that facility would have been subject to OSHA regulations as of 1971 right A. I would think so yes Q. Your opinion would be that if they were an employer using containing products then they had reason to know about potential hazards associated with asbestos from back in the 1950s correct MR CRUMPLAR He's speaking about 15 16 17 18 19 20 21 22 23 24 Square D right MR MCCAULEY Yes MR CRUMPLAR Okay THE WITNESS I guess it depends on whether they were informed that the -- that the resin contained asbestos I don't know - I mean if they were just sold a resin that met certain physical criteria and they were not told about the composition of the resin for proprietary reasons or something like that then I can imagine - although I wouldn't M Mulerver 9.0) Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman expect that this was the case -- I can imagine circumstances under which they received an containing product but didn't know it Page 14 Page 14 contained asbestos I'm just saying this to be careful because there were a lot of containing products that were marketed without any effort to advise disclose or warn people about the presence of the asbestos BY MR MCCAULEY Q. It would be your opinion that an employer using raw materials to manufacture a product need not figure out what is in those raw materials A. Well I would think that usually companies would want to know about these things But there were an awful lot of products that were sold under trade names And there was a whole lot of business confidential called secret type of reasons for the sellers of some of these materials to be less than total in their disclosure of what these products they were selling contained I just don't know As I'm trying to answer your questions I'm thinking well I've never seen any Square D documents I've never seen M Milerve B. Reporting te ete pF 23 x Re1 por3 ting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 15 Page 15 1 documents that confirm that Square D knew that say 2 in the case of Reichhold the resin they were using 3 contained asbestos Maybe they were told about this 4 Maybe it was freely disclosed at the time It may 5 well have been I just don't know > Q. Well as of 1971 OSHA imposed a federal 7 obligation on employers to figure out whether their 8 employees were exposed to asbestos right 9 A. Well it imposed an obligation for them to 10 protect their employees if they were exposed to 11 asbestos and so I suppose there was an implied 12 obligation to find out if their employees were 13 exposed to asbestos 14 But you know in the case of for 15 example joint compounds that were sold to 16 construction companies that were using -- that were 17 building homes These joint compounds were sold 18 without any disclosure that the products contained 19 asbestos or that they were dangerous in say 1971 20 And it's a little hard for me to see 21 you know how the OSHA regulations were supposed to 22 have been applied by the construction contractors 23 receiving those products who were not told about the 24 presence of asbestos in them and who didn't have M Mulerer Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 16 Page 16 1 any -- many -- most of these companies didn't have 2 any special expertise in occupational safety and 3 health in terms of employing safety men industrial 4 hygienists and company doctors who knew something 5 about occupational diseases 6 MR MCCAULEY Object to 7 00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 responsiveness BY MR MCCAULEY Q. Square D wasn't a construction contractor were they A. No they weren't Q. They were a manufacturer of electrical components right A. Right And phenolic molding compounds were a raw material used by a manufacturer in a manufacturing facility correct A. Right Q. Have you reviewed any information from Square D at all -- let's take it this way Any Square D documents have you reviewed any of those for this case A. No I haven't Q. Have you reviewed any deposition testimony M Mulerve>r ReportiRenporgting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 17 Page 17 1 from any person most knowledgeable or corporate 2 representative of Square D 3 A. No I haven't 4 Q. Are you aware of the various companies 5 that sold Square D phenolic molding compounds other 6 than allegedly Reichhold 7 A. I have been told there were about five 8 other suppliers of this kind of resin material 9 Q. Who told you there were five other 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 suppliers A. Mr. Crumplar Q. Did Mr. Crumplar tell you how many other suppliers that were allegedly supplied phenolic molding compounds to www.ww let me withdraw that Were you shown any documents about who plaintiffs claim were the suppliers of phenolic molding compounds to this facility or just told by Mr. Crumplar A. I can't remember if that was covered in any of those documents or not Q. You reviewed -- you're familiar with a that used to be called Durez now Occidental company Chemical aren't you A. I've come across them in other cases M Mulerver 11 Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 18 Page 18 1 Q. Do you know they that manufactured 2 phenolic molding compounds too 3 A. I believe I have heard that 4 Q. Have you reviewed any documents that 5 relate to Durez and the phenolic molding compounds fi 7 8 9 they made A. I just can't remember whether I've seen any documents on Durez or not Q. What about the Rogers Corporation are you 10 familiar with them 11 A. No. I think they came up in our 12 conversation last night as another supplier of a 13 resin but I don't know anything about the company 14 Q. Were you told that Rogers and Durez 15 occasionally made crocidolite phenolic 16 molding compounds 17 A. I've heard that there's a possibility that 18 crocidolite was used in the Durez material I don't 19 recall that as to Rogers And I don't know the 20 extent to which any of that can be confirmed 21 Q. Have you ever read anything about the 22 mesothelioma experience arising out of the Durez 23 manufacturing facilities 24 A. No I haven't I'd be happy to see that M Mulorer a a Reporting } Ome 125 1 13 3 Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 if you know Page 19 Page 19 2 Q. That's not something that you've come 3 across in your research 4 A. I may have seen something but I just 5 don't recall at this time if I have > Q. For the Reichhold internal documents that 7 you reviewed you have those with you today 8 A. I do 9 Q. How many Reichhold internal documents were 10 you given last night 11 A. Only a few 12 Q. Can you tell me how many 13 A. It looks like -- one of the things that's 14 being counted as a Reichhold document is an excerpt 15 from Chemical Week magazine But we're talking 16 about oh about ten documents all told 17 Q. Why would -- was it represented to you 18 that excerpts from Chemical Week magazine were found 19 in the files of Reichhold 20 A. No. But they're specific in the 21 sense that Reichhold had a paid advertisement in the 22 same issue of the magazine so that's -- that puts it 23 in the class of corporate knowledge documents 24 Q. Based on your theory that if you took an M Mg ulerve}r Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 20 acquire 1 ad out in a magazine that you immediately Page 20 2 knowledge of whatever magazine the ad was published 3 in 4 A. Well that means you probably read the 5 magazine yes fi Q. What's that based on Have you got any 7 type of study or documentation -- 8 A. No. 9 Q. I've got an ad out in a couple of 10 newspapers for a car I'm trying to sell Does that 11 mean I read that newspaper every single day front to 12 back to see what else is in there 13 A. Not necessarily but I think you'd 14 probably want to make sure that your ad is in that 15 paper when you pay for it and that the information as 16 to how to contact you and all that's been properly 17 recorded in the ad 18 Q. To get to that you think I need to read 19 every article in the paper to make sure my -- 20 A. No. But you selling a product in 21 classified ad in a newspaper isn't the same thing as 22 a corporation broadcasting its presence in a trade 23 magazine to members of the industry of which it is a 24 part M Mulerver Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 21 1 Q. Do you have Page 21 any evidence that this trade 2 magazine was found among the files of Reichhold that 3 it even had a copy of the magazine in which its ad 4 was published 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A. Chemical No but I can't picture them not reading Week magazine When I worked in the chemical industry in 1968 and 1969 as a junior engineer I received regularly I think Chemical Week and Chemical and Engineering News being circulated among the young engineers just by way of knowing about news in in the company the chemical industry what new products were coming along what kinds of things were happening in the industry These magazines were well known to me Later on I would become a subscriber to Chemical Week magazine when I worked in the field of chemical hazards and toxic substances control MR MCCAULEY responsiveness Object to the 20 BY MR MCCAULEY 21 Q. Which Chemical Week magazine excerpts are 22 you referring to 23 A. Well the September 19 -- September 10 24 1966 issue of the magazine talks about cancer hazard M Mulerve&r Reporing Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 22 Page 22 1 from asbestos and possible resulting increased market 2 opportunities for chemical companies And there's an 3 article called Asbestos Awaiting Trial 4 Q. You think everything in that article's 5 true > A. I don't know if it is or not But the 7 issue is notice not the truth of the matters 8 contained in this or any other article I discuss when 9 I testify 10 Q. That article states that quote Recent 11 studies have convinced US Public Health Service 12 specialists and other medical authorities that about 13 40 percent of all Americans have mild chronic cases 14 of asbestosis even though most of them never worked 15 directly with asbestos end of quote 16 Do you see that statement 17 A. I do 18 Q. That's not true is it 19 A. No. It's an incorrect inference based on 20 the presence of asbestos bodies in the lungs of urban 21 dwellers at autopsy 22 Q. And it also says quote The 23 inferences While the average asbestos worker is 24 well protected the man on the street is not end of M Mulerver > Reporing Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 quote Barry Castleman Page 23 Page 23 Right A. That's what it says Q. You would agree with that right that in 1966 the average asbestos worker was well protected right You ascribe to that A. No. Q. So that's not -- for whatever that's worth it's certainly not an accurate statement of the science at that time is it A. Well we're not talking so much about science as the practice in American industry And the practice in American industry was not to provide -- was not to assure that the average asbestos worker was well protected There was no government regulation at the time this was published There was no OSHA There was no Environmental Protection Agency There was no Consumer Product Safety Commission These agencies had not yet been created by acts of Congress And so it would be -- Q. There were -- A. -- incorrect Q. In various states there were laws M Mulerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 24 24 threshold 1 requiring that industry comply with various 2 limit values for different substances correct 3 A. Well the TLVs were cited as good practice 4 guidelines that industry should try to comply with 5 But there was no enforcement 6 MR MCCAULEY Object to the 7 responsiveness 8 BY MR MCCAULEY 9 Q. My question was in various states there 10 were laws requiring that employers limit exposures to 11 various substances according to threshold limit 12 13 14 15 16 17 18 19 20 21 22 23 24 values or TLVS right A. Well the TLVs were cited as guidelines They were -- these laws you're referring to very often didn't include any section on penalties didn't authorize the government inspectors to do unannounced inspections and confirm any compliance with these exposure limits Of course many of the states in which these codes existed did not have laboratories government laboratories established that were capable of doing air sampling and analysis for the hundreds of substances that were on the TLV list So you know while the TLVS may have M Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman MR. MCCAULEY : responsiveness. responsiveness responsiveness responsiveness Object to Miler Pome M cor xy gy Mukerer Mukerer ey Sa A. No don't know. 302.464.0880 302.464.0880302.464.0880 302.464.0880 215.436.9336 ~--~ 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman Q. And you would expect them to have Page 26 Page 26 knowledge of the health and safety laws of any state in which they employed workers correct A. One would think that at least that the presence of these codes or laws as you call them would serve as notice to employers such as Square D about recognized hazards in their own workplace Q. I mean in terms of your opinions about what companies knew or should have known about the hazards of asbestos are you in any way excepting Square D from that and saying they're the one manufacturing company that did not have access to the information that everybody else had access to A. Of course not Q. You've testified about other electrical equipment manufacturers in the past have you not such as Westinghouse and General Electric A. Yes I have Q. And you testified that companies like that have reason to know about health hazards of asbestos from back in the 1930s right A. Well that's based on corporate documents that have been produced about Westinghouse and General Electric showing knowledge about the hazards M Mulerveutri Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 27 Page 27 1 of asbestos going back to the 1930s and the 1940s 2 yes 3 Q. Do you know whether Square D. -- you 4 certainly agree with me Square D was in the same UT segment of the industry as Westinghouse and General 6 Electric right electrical equipment manufacturer 7 MR CRUMPLAR I would object to the 8 word segment 9 BY MR MCCAULEY 10 Q. Square D was an electrical equipment 11 manufacturer as were General Electric and 12 Westinghouse right 13 A. Well I don't know how similar they were 14 But they all made electrical equipment Obviously 15 the other companies Westinghouse and GE were much 16 bigger than Square D. 17 Q. Well do you know in terms of - you 18 haven't done any market analysis You're just saying 19 that those are sort of bigger names better 20 names than Square D right 21 A. Right And again I would say sight 22 unseen without having checked the figures that 23 they're much more than ten times the size of Square D 24 by the usual measures that one might take of M Mforulerer Reporing Miller Verbano Reporting 302.464.0880 -- 215.436.9336 Barry Castleman Page 28 Page 28 1 businesses such as annual sales or whatever else you 2 want to count 3 Q. Do you know whether there were segments of 4 the electrical equipment industry in which Square D. 5 had a bigger market share than General Electric or 6 Westinghouse 7 A. I don't know I don't see how that 8 9 10 11 12 13 14 15 16 17 18 matters Q. Do you know what trade organizations Square D was a member of A. No I don't Q. In the materials that you were given last night were you given any Union Carbide documents that mentioned Reichhold A. No I wasn't I don't think Q. From your prior work on in researching companies that made or sold asbestos products you reviewed a number of internal Union Carbide records 19 right 20 A. I have 21 Q. And you've cited - even in cases not 22 involving Union Carbide you've cited internal Union 23 Carbide documents for various purposes regarding what 24 people knew or should have known about hazards of M Mulerver kG Reporting que soc faye 3 Reporting Miller Verbano Reporting 302.464.0880 -- 215.436.9336 Barry Castleman Page 28 Page 28 1 businesses such as annual sales or whatever else you 2 want to count 3 Q. Do you know whether there were segments of 4 the electrical equipment industry in which Square D 5 had a bigger market share than General Electric or fi Westinghouse 7 A. I don't know I don't see how that 00 9 10 11 12 13 14 15 16 17 18 matters Q. Do you know what trade organizations Square D was a member of A. No I don't Q. In the materials that you were given last night were you given any Union Carbide documents that mentioned Reichhold A. No I wasn't I don't think Q. From your prior work on in researching companies that made or sold asbestos products you reviewed a number of internal Union Carbide records 19 20 21 22 23 24 right A. I have Q. And you've cited -- even in cases not involving Union Carbide you've cited internal Union Carbide documents for various purposes regarding what people knew or should have known about hazards of M M+ulerver & 11. Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman 1 asbestos right Page 29 Page 29 2 A. Right 3 Q. And you've cited some specific Union 4 Carbide documents in your book correct 5 A. I have 6 Q. And you weren't shown any documents from 7 Union Carbide that discuss Reichhold and its policies 8 with respect to asbestos 9 A. I don't think so I just don't recall 10 seeing such documents 11 Q. And if Union Carbide made various 12 statements about Reichhold specific to its policies 13 and procedures regarding asbestos that's not 14 something you think might be helpful to you in 15 forming your opinions in this case 16 A. Well it might be And I welcome those 17 documents If you care to provide them to me I'd 18 like to see them 19 Q. You weren't provided those by the people 20 who retained you in the case right 21 A. Right 22 Q. I was provided with an excerpt from a New 23 York Times article -- I'm sorry - an excerpt from 24 The New York Times newspaper I guess from 1954. Is M RIn eporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 30 Page 30 1 that something that you reviewed and relied upon in 2 this case 3 A. Not specifically in this case But there 4 are lots of newspaper articles that I have 5 accumulated I have a file called -- well I think 6 it's called newspapers And there was a great deal 7 in that period in The New York Times over the years 00 about asbestos and the causing properties of fi 10 asbestos going back to 1948 Q. Can you tell me how the September 16 1954 11 excerpt from The New York Times is relevant to your 12 opinions in this case I just don't see anything in 13 it about asbestos That's why I'm asking 14 A. I don't know what it's doing in the case 15 then if it's not talking about asbestos The one I 16 was thinking about was October 7th 1964 that talked 17 about mesothelioma and an upcoming conference that 18 Selikoff was organizing in New York 19 Q. I mean it's possible that I could have 20 missed the relevance of it But it's the 21 September 16th 1954 New York Times And it's not 22 the whole thing just a couple of excerpts 23 I do see that it says that -- there's 24 a little blurb that says New Reichhold plant to M MulerveMunlerven Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 31 Page 31 1 open and it says that Reichhold -- spelled wrong -- 2 Chemicals Inc. announced yesterday that its new 3 formaldehyde installation at the Charlotte 4 North Carolina plant will be in operation by 5 October 15th 6 A. Oh I think that was from 1935. And it -- 7 it was shown to me because it was in 1935 that 8 asbestosis was made a compensable occupational 9 disease in North Carolina 10 Q. So that document about the North Carolina 11 workers comp statute that was shown to you last 12 night as well 13 A. Yes it was 14 Q. And is that something you read and relied 15 upon for your opinions in this case 16 A. Yeah I think it's additionally you 17 know relevant to the issue of whether Reichhold knew 18 or should have known about the hazards of asbestos 19 back in the 1930s 20 Q. Well assume that it opens this plant in 21 North Carolina in 1954. Do you have any information 22 that this formaldehyde installation had 23 anything to do with asbestos 24 A. No I don't I mean it may have used M M//,ilerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman asbestos insulation It may not have You know Page 32 Page 32 if that's -- if the date is 1954 yeah the connection is certainly not terribly strong Q. So if they opened a plant in 1954 that made formaldehyde and didn't use asbestos in that process at all is it your belief that they nonetheless should have been aware of every occupational disease that the North Carolina industrial commission recognized -- A. No. Q. - in 1954 A. No not necessarily Q. Would you think the same thing about Square D opening a plant in any particular state that it should know about what the compensable industrial diseases are in those states A. One would think that you know they somebody in the company should have been paying attention to that I mean these things do have bottom implications in terms of insurance charges and liability potential liabilities Q. Do you know when or if Iowa ever made asbestosis a compensable disease A. I can't recall having seen anything about M MulerverReportMulervRpotinging MulerverReporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 |1 2 3 4 5 6 7 8 Barry Castleman Page 33 Page the workers many states comp laws in Iowa as to asbestosis no schedule or list the -- there was In of the compensable diseases It was simply left open could establish that a that if medical evidence was an occupational disease disease that the person was any the eligible for workers explicit inclusion of law itself in such a comp So you wouldn't asbestosis in the text state Like California see of was 33| 9 like that Carolina was a state that had a 10 Q. North from back in the 1920s textile industry 11 significant 12 13 14 15 16 17 18 19 20 21 and 30s right A. I think so -- had a number of dust diseases Q. And they became associated with a number of dust diseases those textile industries right A. Eventually yes Q. And this National Safety News -~- what you were from last night was a National Safety News provided which has an article in it titled May of 1935 Made Compensable in NC Occupational Diseases Right 22 A. Yes 23 advanced in its North Carolina was pretty 24 M Reporting Mulerver boet ys Turk do 1 Miller Verbano Reporting -- 215.436.9336 302.464.0880 Barry Castleman Page 34 Page 34 1 industrial hygiene department was it not One of 2 the first states to have a state industrial hygiene 3 department wasn't it 4 A. I'm just trying to confirm that they had 5 an industrial hygiene department I'm looking for 6 that in the article 7 Q. Well let me rephrase the question 8 The article says quote The state of 9 North Carolina by the action of its legislature on 10 March 26th became the 12th state in the union to 11 adopt an amendment to its workers compensation law 12 so that it would now include occupational diseases as 13 well as accidents as compensable disabilities end 14 quote correct 15 A. That's what it says yes 16 Q. So according to the article it's the 12th 17 state to add occupational diseases to its law right 18 as being compensable 19 A. Right 20 Q. And the article states that -- it quotes 21 T.A. Wilson of the State Industrial Commission So 22 that would give you an indication that it had an 23 industrial commission at least in 1935 right 24 A. Well every state had an industrial M Mulerver Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 35 Page 35 1 commission If they had a workers compensation law 2 these laws were usually administered by government 3 agencies with names like the State Industrial 4 Commission 5 Q. And this says that the new law provides 6 for a medical committee to examine prospective and 7 present employees in two dust industries silica and 8 asbestos right 9 A. Right 10 Q. And it says that quote It provides for 11 the removal of employees in the early stages of 12 disease and that vocational training shall be 13 provided for those who are removed end of quote 14 correct 15 A. Yes 16 Q. That was a common approach to dealing with 17 asbestosis in the 1930s was removing the worker from 18 the area where he or she was being exposed to 19 asbestos with the notion that that would stop the -- 20 any further worsening of the disease right 21 A. I don't know about that I mean this was 22 something that was discussed in the literature You 23 know different doctors writing articles about 24 asbestosis would sometimes comment on the question of M Mtulerer Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 36 Page 36 1 removal of the worker who had already some signs of 2 the disease 3 Most of the medical reports didn't say 4 anything about that In some of the reports they 5 talked about progression after the removal of the 6 worker In other cases they talked about the lack 7 of evidence for progression in the particular study 8 that was being published at the time 9 You know different - but in terms 10 of MAN your question the reason I'm having to give 11 you a long answer is your question is asking me about 12 what the standard practice was in industry at the 13 time And the standard practice in industry is not 14 so easily discerned from reading a few medical 15 reports published by doctors who might or might not 16 have had much acquaintance with what industry was 17 actually doing in dealing with these kinds of issues 18 There was no government regulation in 19 most states What North Carolina was doing was 20 probably exceptional in providing medical 21 examinations of workers in these particular 22 industries and providing for the removal of the 23 workers with early stages of a disease But that was 24 not I wouldn't think widespread practice in the M Mulerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 United States in the 1930s Page 37 Page 37 2 MR MCCAULEY Object to 3 responsiveness 4 BY MR MCCAULEY 5 Q. You would agree with me that the article 6 that Mr. Crumplar gave you last night says that the 7 new North Carolina law provides for a medical 8 committee to examine prospective and present 9 employees in two dust industries silica and 10 asbestos and provides for the removal of employees 11 in the early stages of disease and vocational 12 training to be provided to those removed correct 13 A. Right That's what it says 14 Q. And it also says that the diseases listed 15 in the amendment as compensable are as follows and 16 there are 25 diseases listed right 17 A. Right 18 Q. And one of those No. 15 is infection or 19 inflammation of the skin or eyes or other external 20 contact surfaces of oral or nasal cavities due to 21 irritating oils cutting compounds chemical dusts 22 liquids fumes gases or vapors right 23 A. That's No. 13 yes 24 Q. I'm sorry You're right It's hard to M M3x ulerer 1 Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 read Barry Castleman Page 38 Page 38 2 And you would agree with me that there 3 are situations where chemical dust can be a serious 4 hazard to the skin and nasal passages if inhaled or 5 if someone comes in contact with them 6 A. Sure if it's an irritating material 7 Q. And then it lists as No. 24 asbestosis 8 correct fi A. It does 10 Q. And 25 is silicosis right 11 A. Right 12 Q. Do you know whether byssinosis was also a 13 related disease that was of concern to the North 14 Carolina industries back at this time 15 A. I think there may have been some concern 16 about it but it doesn't appear to have been manifest 17 in any kind of workers compensation law as of 1935 18 That apparently came later 19 Q. Did you review Mr. Madden's testimony 20 about Reichhold's use of warnings on phenolic molding 21 compounds? 22 A. I think I saw some excerpts of the 23 testimony to the effect that there appear to have 24 been I think warnings in 1980 1979 M 6 Mulerer Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 -- 67 67 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman Page 39 Page 39 Q. I believe you mentioned the Chemical Manufacturers Association right A. Well I don't know if I have But I'm well aware of who they were Q. And they had a -- they put out a book on warnings right A. They did Q. And they had a committee that dealt with warnings and precautionary instructions right A. Well they did back in the 1940s when they put out that guideline we were referring to Q. Well do you know whether they updated continued to update that guideline through the 60s and 70s A. I don't know to what extent there was any kind of an effort to continuously update that It may have been done on an ad hoc basis in subsequent years That wouldn't surprise me if it was Q. Do you know whether there were states that adopted the Chemical Manufacturers Association warning label as their state law with respect to warnings A. Q. No I don't I think you told me this earlier Let me M Mulerver I Mulerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 check off a couple questions Page 40 Page 40 2 You don't know of the phenolic molding 3 compound formulations that Reichhold had from 1965 to 4 1981 you don't know how many of those formulations 5 involved asbestos right 6 A. That's correct 7 Q. And for the ones that did involve or use 8 asbestos you don't know -- other than the statement 9 in the material safety data sheet that some may have 10 contained up to 51 percent you don't know the 11 percentages that the various formulations may have 12 contained right 13 A. That's correct 14 Q. And would you agree with me that the 15 potential for exposure to asbestos from a product 16 will vary or may vary according to the asbestos 17 content of the product in other words a hundred 18 percent would present more of an opportunity for 19 exposure than 1 percent 20 A. Yes In the case of these products I 21 would say that one would expect there would be some 22 kind of a monotone increasing functional relationship 23 between the percent of asbestos in the product and 24 the exposures you get from doing the exact same M Milerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 [1 2 3 4 5 Barry Castleman things with the products having different Page 41 Page 41 compositions of Q. Have asbestos content reviewed any documentation you that you believe relates to molding compounds that the ability of any phenolic release asbestos as it's used fi in the molding process 7 A. I haven't seen any reports of air sampling to asbestos from such 8 and analysis or exposures 9 10 11 12 13 14 15 16 17 18 19 20 21 activities And I did not mean to limit that to Q. Reichhold I mean any type of phenolic molding compounds A. ~~ Does your I took your question in the manner you intended it when I answered it yes Q. Have you reviewed any materials that you believe relate to the manner in which the Reichhold was manufactured at the phenolic molding compound Reichhold facility A. I mean nothing besides those corporate documents that are in evidence in this case that have been presented as part of my deposition 22 material identify for me the 23 Q. Are there -- can you have that you believe 24 corporate documents that you M Miler Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 215.436.9336 1 2 3 4 5 60 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman Page 42 Page 42 relate to the method by which the Reichhold phenolic molding compound was manufactured in the Reichhold facility A. No. I don't recall there being a whole lot about that in these documents but let me look at them real quickly Most of these documents relate to the OSHA regulations and their potential application in the Reichhold plant So they indicate that the process -- let's see They talk about specific areas for example where the employees should be required to wear respirators And they list four activities there This is in the March 28 1973 memorandum to Jansen A So you know there are activities like that that are sort of alluded to in the context of OSHA compliance in that memorandum Do you want me to go into it in any more detail I mean you can see what the document says Q. Right I'm trying to figure out whether -- that's a 1973 document I'm trying to figure out whether you have any documents that you believe describe to you the manner in which the M Reporting Miller Verbano Reporting 302.464.0880 -- 215.436.9336 Barry Castleman Page 43 Page 43 1 Reichhold product was manufactured as opposed to you 2 know precautions taken in the facility by certain 3 people 4 A. No. I don't think I actually have 5 anything or have been shown anything that provides in 6 any detail the process the chemical process the 7 manufacturer used in the Reichhold plant where the 00 resins were made fi Q. Do you know the difference between resin 10 and phenolic molding compound 11 A. I'm not - no I don't I mean -- there's 12 a lot of technical jargon in the chemical industry 13 and I'm not familiar with some of it that's for 14 sure 15 Q. Have you ever made any effort to compare 16 the phenolic molding compound manufactured by 17 Reichhold with any type of phenolic molding compound 18 manufactured by any of its competitors such as Durez 19 or Rogers 20 A. No. I mean generally this kind of 21 material is not -- not ever issued in any kind of 22 published documents at least not in a complete way 23 It might have emerged in the course of litigation 24 but I haven't seen documents that might offer the M Mulerer ReportinRepogrting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 kind of comparison your question calls for Page 44 Page 44 2 Q. Now the March 28th 1978 -- I'm sorry 3 The March 28th 1973 letter has the 4 subject quote Use of asbestos in polyesters end of 5 quote correct fi A. Yes Right That's the subject heading 7 for the memo 8 Q. And the second paragraph of this -- and 9 you understand this memo to be from a gentleman named 10 Tom Madden 11 A. Yes Or T.R. Madden 12 Q. The second paragraph says quote This 13 memo summarizes the health and safety requirements 14 contained in Regulation 1910.93 of the 15 Occupational Safety and Health Administration OSHA 16 of the US Department of Labor copy attached. 17 Correct 18 A. That's what the second paragraph says 19 Q. And you believe this would show an 20 awareness by Reichhold of the OSHA asbestos 21 regulations as of March 28th 1973 correct 22 A. Yes 23 Q. And you've certainly seen other companies 24 that were involved in manufacturing M Mulerve a . Reporting Za epee " ? 334 Miller Verbano Reporting 302.464.0880 -- 215.436.9336 Barry Castleman Page 45 Page 45 1 containing products that professed ignorance 2 of the OSHA regulations with respect to asbestos in 3 the 1970s Companies have said We didn't know 4 anything about that right 5 A. Sure I mean in the course of asbestos fi litigation one encounters all kinds of companies 7 But most of the companies that were using asbestos as 8 a raw material in their industrial processes do 9 acknowledge that they were aware of the OSHA 10 standards when they came out 11 Q. Your opinion would be that if somebody's 12 using asbestos in the manufacturing process they 13 needed to be aware of the OSHA regulations right 14 A. Right I can't imagine any but the 15 smallest employers not being aware of that -- talking 16 about companies that are using asbestos in their 17 industrial processes as a raw material to manufacture 18 other products 19 Q. Do you have any problem with Mr. Madden's 20 statement of what the OSHA regulations require 21 A. Well I haven't looked at the letter -w H 22 haven't looked at the memo with the the page 23 memo for the purpose of you know seeing if there's 24 anything in it that's incorrect M Muka Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 44 44 1 kind of comparison your question calls for Page 44 2 Q. Now the March 28th 1978 -- I'm sorry 3 The March 28th 1973 letter has the 4 subject quote Use of asbestos in polyesters end of 5 quote correct 60 A. Yes Right That's the subject heading 7 for the memo 8 Q. And the second paragraph of this - and 9 you understand this memo to be from a gentleman named 10 Tom Madden 11 12 13 14 15 16 17 18 19 20 21 22 A. Yes Or T.R. Madden Q. The second paragraph says memo summarizes the health and safety contained in Regulation 1910.93 of quote This requirements the Occupational Safety and of the US Department of Health Administration Labor copy attached OSHA Correct A. That's what the second paragraph says Q. And you believe this would show an awareness by Reichhold of the OSHA asbestos regulations as of March 28th 1973 correct A. Yes 23 Q. And you've certainly seen other companies 24 that were involved in manufacturing M Mulerver to rius Mulerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 215.436.9336 Barry Castleman Page 46 Page 46 1 But you know overall it seems to 2 be -- you know it seemed to be correct Like I say 3 it's a page memorandum But it appears from at 4 least what I looked at you know without looking at 5 it extremely carefully overall it looks like -- it 6 appears correct I don't see statements in it that 7 are clearly incorrect 8 Q. This says that it's from White Plains Do 9 you know what White Plains was 10 A. I think that was the Reichhold corporate 11 headquarters at the time of the date But it may not 12 have been I don't know 13 Q. And what -- do you understand this to be 14 Mr. Madden saying from headquarters to Mr. Jansen 15 that if you want to evaluate the use of asbestos in 16 your facility here are all the things that you need 17 to do 18 A. Well I don't know that he's saying that 19 But he's talking about the safeguards that the 20 regulations the OSHA regulations require and is 21 interpreting them as they would apply to the 22 Reichhold facility 23 Q. Do you know in what Reichhold facility 24 they manufactured phenolic molding compounds M Milerverts Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 47 Page 47 MR CRUMPLAR Are you talking about 1 2 the containing phenolic molding compounds MR MCCAULEY Any - if that's an 3 4 objection feel free MR CRUMPLAR I was just trying to UT including in that that's 6 talk about what you were 7 all 8 BY MR MCCAULEY 9 Q. Dr. Castleman do you have any information 10 that Reichhold manufactured containing somewhere different than 11 phenolic molding compounds asbestos phenolic molding 12 where it manufactured 13 14 15 16 17 18 19 20 21 22 23 24 compound A. I just don't know And I don't know the locations of the plant or plants where the products were made by Reichhold that one of the suppliers to Q. Are you aware Reichhold of asbestos was Union Carbide have mentioned that to me A. Mr. Crumplar may yesterday Q. I'm not sure But he didn't show you any Union Carbide documents discussing Reichhold right A. I don't think so no I see a couple of documents titled R - Q. M Mukerver Reporting Miller Verbano Reporting 302.464.0880 -- 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman looks RCI Cost Standard do you have those Page 48 Page 48 A. I saw that they're in here somewhere Can you describe them further Q. Sure It sort of a recipe card that has a formulation date at the top Then it has a table and has a bunch of substances listed and then it has the amount next to them It's not text It's just sort of a chart A. Oh I think I have seen that I don't know if it's among the -- oh yeah yeah yeah This is not the material safety data sheet This is something else right Q. Right It's something that you might think of as like a -- A. I think Mr. Crumplar showed me that And I looked at it and said I didn't think it was particularly useful It appears to have been some kind of a formula of different elements different materials that were used in some composition of some molding product by Reichhold some recipe Q. You were shown one or two of those A. Yeah It was kind of a tabular presentation And I thought well I don't see the -- you know I don't see the usefulness of this M Mulerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 49 Page 49 1 Q. You weren't trying to come up with any 2 opinions about how prevalent the containing 3 formulations were among the Reichhold phenolic 4 molding compound product line is that fair to say 5 A. Well certainly that document was 6 certainly of no help in answering that kind of 7 question 8 Q. If the majority of the containing 9 formulations contained less than 5 percent asbestos 10 that wouldn't change your opinions in the case in any 11 way would it 12 A. I don't think so I didn't see any 13 indication that they were making products with such a 14 small asbestos content as that 15 Q. Right You weren't shown those 16 formulations but you don't have an opinion about 17 what the range of asbestos content was in the 18 different formulations right That's just not your 19 area of testimony 20 A. Well that's right 21 Q. But it might make a difference just in 22 terms of potential for exposure if most of them 23 contained you know less than 5 percent as opposed 24 to 52 percent right M MBe ilerver Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman Page 50 Page 50 A. Well it would make a difference in terms of potential for exposure But again I haven't seen any measurements of what kind of exposure people get any kind of analyses and reports devoted to the subject of measuring the exposure Q. Now - you were I was produced I believe these came in last night some documents from The Hartford I'm looking at a document from The Hartford dated August 18th 1981 to Mr. Raymond Clark technical director of Reichhold Chemicals at Carteret A New Jersey A. Yes Q. From Warren Townes the industrial hygienist A. Right I think that's -- right That's the author's name the name of the author of this letter Q. And this says reading This report will confirm my visit to your plant for the purpose of determining the airborne concentration of asbestos to the personnel working in the molding compound department Correct A. Right So apparently the plant was in M Reporting Moore & & Reporting Teter beat Miller Verbano Reporting 302.464.0880 - 215.436.9336 [- 1 2 3 4 50 10 7 8 9 10 11 12 using would Q. 350 you A. Q. And Barry Castleman then for Line D it says 8,000 Page 52 Page 52 pounds pounds and assume that it's sort of cut 350 pounds means off But asbestos Yes That's the way it seems to read Now you know I don't like to do math but 350 is of 8,000 do you know what percentage A. Well it's a little over 4 percent Q. It's less than 5 percent A. Right Slightly under 5 percent Q. So if they were making a commercial batch of product with Line D it would appear that it's got less than 5 percent of asbestos in it right 13 14 15 16 17 18 19 20 21 22 A. Yes that it sure is a Q. And it also would appear lot less than what's running on A B and C. A B and C all are running 35,000 pounds and Line D is only 8,000 A. pounds Any idea why No. It's just one eight shift They might have simply had more orders for a certain product knowing that week or that day how representative the I have no production way of of that shift is of what they were making that eight one 23 month or that year documentation about the 24 Q. Have you seen any M Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 New Jersey Barry Castleman Page 51 Page 51 Q. And you've seen other examples of insurance companies going into facilities that used containing products and doing tests there A. Right Q. Is this the only Hartford test report that you were given by Mr. Crumplar A. It is Q. And what's the significance of this to your opinions in this case if any A. It shows that the company was still using asbestos in some of its residences as of August of 1981 - or June I guess of 1981 the time of the sampling Q. So did you review -- have you reviewed any of Mr. Madden's testimony about this document A. No. Q. It says that ww pounds of products produced during an eight shift And it says Line A 35,000 pounds no asbestos Line B 35,000 pounds no asbestos Line C 35,000 pounds no asbestos Right A. Right M Mulerve3r01 Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 5 67 67 00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman Page 52 Page 52 Q. And then for Line D it says 8,000 pounds using 350 pounds and it's sort of cut off But would you assume that 350 pounds means asbestos A. Yes That's the way it seems to read Q. Now you know I don't like to do math but do you know what percentage 350 is of 8,000 A. Well it's a little over 4 percent Q. It's less than 5 percent A. Right Slightly under 5 percent Q. So if they were making a commercial batch of product with Line D it would appear that it's got less than 5 percent of asbestos in it right A. Yes Q. And it also would appear that it sure is a lot less than what's running on A B and C. A B and C all are running 35,000 pounds and Line D is only 8,000 pounds Any idea why A. No. It's just one eight shift They might have simply had more orders for a certain product that week or that day I have no way of knowing how representative the production of that one eight shift is of what they were making that month or that year Q. Have you seen any documentation about the M Mulerver > Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 53 Page 53 1 Reichhold customer demand for containing 2 phenolic molding compounds Have you seen any 3 documents that relate to that topic at all 4 A. I don't think I have 5 Q. Would you agree if you have any specific > opinions regarding Reichhold that you formed those 7 opinions since - last night or since last night 8 A. Well to the extent I've been shown 9 corporate documents that shows Reichhold was an 10 advertiser in the September 10th issue 1966 of 11 Chemical Week and to the extent that I've been shown 12 the corporate documents which you have from 1971 to 13 1981 these documents do support additional opinions 14 as to Reichhold and asbestos 15 Q. And what additional opinions did you form 16 when you saw these documents last night 17 A. Well they confirm that Reichhold had 18 actual knowledge through Chemical Week magazine about 19 the hazards of asbestos in 1966 that Reichhold had a 20 rather complete understanding of the federal 21 regulations on asbestos in the case of the emergency 22 standard within weeks of the time that the emergency 23 temporary standard on asbestos was published by OSHA 24 in December of 1971 and that the company had M Reet porting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 additionally by 1973 more detailed information Page 54 Page 54 2 documented here -- probably had the information 3 before that - but documented in March of 1973 about 4 the application of the OSHA regulations in their 5 manufacturing plant where they were making asbestos 6 in these various resins -- using asbestos in these 7 various resins And let's see if there's anything 8 further 9 Again there's just additional 10 documents showing a familiarity with the requirements 11 of the OSHA rules requirements for such things as 12 periodic air sampling requirements for periodic 13 medical examinations requirements for the bagging of 14 waste and for the use of respirators for workers who 15 are doing certain jobs in the plant 16 And so that the documentation it 17 seems to me begs the question Were these things 18 actually being done Because one doesn't have 19 documentation memos and so forth where you know 20 these activities are actually being carried out 21 There's no memos reflecting that But in any case 22 it shows an awareness of the regulations and their 23 application at the Reichhold plant 24 Q. So whether Reichhold was actually M Mulerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 H 2 3 4 LO 6 7 00 9 10 11 12 13 14 Barry Castleman Page 55 Page 55 with the OSHA regulations in its own complying would be an employer using facilities your opinion in its manufacturing process was obligated asbestos as of the temporary to comply with OSHA regulations emergency standard in 1971 A. Yes and that Reichhold was aware of this to be aware of it by Q. They were required law right Whether they were or not they were required to be aware of it correct of the law is no A. That's right Ignorance for not complying with the law excuse D had more than ten Q. Assuming that Square employees in 1971 they were required to be aware of the federal OSHA standard as well correct 15 A. Right were required to comply with it 16 Q. And they 17 18 19 20 21 22 23 just as Reichhold was A. I think so correct Again they needed to know that there was asbestos in the product they were handling in order to be reasonably be expected to comply with information it They about the may or resins may not have had that that they were handling Discussion held off the record 24 Recess ) | M Mulerer Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman 1 BY MR MCCAULEY Page 56 Page 56 2 Q. If you assume for me that there's 3 testimony - that there was testimony that in the 4 Square D facility that the use of phenolic molding 5 compounds in general created visible dust your 6 opinion would be that Square D had the obligation to 7 figure out what was in the visible dust correct 8 A. Well I don't know if they had a legal 9 obligation to do that But they certainly had a 10 moral obligation to know what they were exposing 11 their workers to in terms of the potential health 12 security hazard from the raw materials they were 13 processing there 14 Q. Right I mean the visible dust from 15 phenolic molding compounds might cause problems other 16 than lung disease right 17 A. Right There might be other agents in 18 that dust that would be of concern other than 19 asbestos 20 Q. For example you're aware that there 21 are -- that phenol O and formaldehyde 22 which I can't spell are substances that can create 23 problems not related to asbestos disease right 24 A. Right M Mulerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 57 Page 57 1 Q. I mean they may be necessary chemicals 2 but they can also be dangerous chemicals right 3 A. Right 4 Q. If you assume for me that the testimony in 5 the case is that Reichhold sent a material safety 6 data sheet to customers who purchased 7 containing phenolic molding compounds you 8 would consider that a responsible thing for a company 9 to do correct 10 MR CRUMPLAR What's the date that 11 they sent this material 12 BY MR MCCAULEY 13 Q. Well at any time they did it it was a 14 responsible thing to do when they did it right 15 A. Not necessarily That's why I would want 16 know when they did it and what the data sheet said 17 Material safety data sheets are sometimes I guess 18 the polite word is incomplete as to the disclosure of 19 the hazards of the materials involved So just the 20 fact of having prepared an MSDS in and of itself 21 isn't an unqualified good thing 22 Q. But you reviewed the material safety data 23 sheet provided to you in this case right 24 A. Yes I had looked at a material safety M Mukerver a Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman data sheet that was provided me by Mr. Crumplar Page 58 Page 58 Q. And it certainly says that the product contains asbestos right A. Yes it does Q. So whenever it was sent you would agree with me that that's a responsible corporate act for a company to send out a material safety data sheet specifying what the ingredients of a product are correct A. Yes especially if one of the ingredients is up to 52 percent asbestos Q. And you would agree that putting the worst scenario on there would also be a inappropriate thing to do If the highest percentage of asbestos in any product was 52 percent you would want to put the highest and not the lowest right A. Right Q. And the date on the one you review is 1/80 January 1 1980 or is it 3/80 A. I looks like a yeah So it's the beginning of 1980 Q. Okay Do you know what Mr. Madden's testimony is about when the first time was that M Mulerv9eb Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Reichhold sent Barry Castleman out a material safety data sheet Page 59 Page 59 with any containing or to customers for containing phenolic molding compounds A. No I don't know about that Q. And you would agree with me that one of the things that this material safety data sheet does is direct the recipient to the OSHA asbestos standard Section 1910 A. Just looking for that in here I just don't see it on here If you can tell me what page it is that might help Q. Well it's -- first of all are you aware that this is a form that was available for companies to use material safety data sheet A. I suppose it was yes Q. And it has various sections that have headings in them like Section 2 Hazardous 18 Ingredients 19 A. Yes 20 Q. And Section 3 I believe the typed 21 portion of it says See - refer to section -- -- 22 asbestos 1910.1002 of the Occupational Safety 23 24 et cetera Do you see now M Mulerver Reporting Miller Verbano Reporting 302.464.0880 -- 215.436.9336 Barry Castleman 1 A. Oh yes I do see that Page 60 Page 60 2 Q. Okay So if the recipient had never heard 3 of the OSHA standard if they look at this material 4 safety data sheet it tells them where to go look for 5 the federal OSHA standard correct 6 A. Yes 7 Q. And it would be your opinion that anyone 8 selling an containing phenolic molding 9 compound should have been providing information like 10 this to its customers 11 A. At a minimum yes I mean they should 12 have been putting warning labels on the product as 13 well 14 Q. Are you aware of any evidence that any 15 other phenolic molding compound manufacturer ever put 16 a warning label on an containing phenolic 17 molding compound 18 A. I don't know if they did or not 19 Q. Are you aware that General Electric 20 manufactured phenolic molding compounds 21 A. I'm not sure if I am I understand that 22 they used materials you know in some of their 23 products But I didn't know if they manufactured 24 the you know the Bakelite or Micarta type of M M30 ulerv13e17 Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 1 2 3 4 5 6 7 00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman products themselves or not Page 61 Page 61 Q. Do you know the difference between a phenolic molding compound and Micarta A. No. Again we're getting into -- well we're getting into areas of specific product formulation that go beyond my knowledge Q. Well you understand Micarta to have been a final plastic product that someone might then use as a mounting board or something like that correct A. Correct Q. Do you understand phenolic molding compounds to be a raw material that someone must melt and then form into some type of reinforced plastic product A. Yes Q. So they're at least different in the sense that Micarta might be an end product and a phenolic molding compound is an intermediate material product Would you agree with that A. Fine I understand what you're saying Okay Q. Micarta might have been made with phenol and formaldehyde and things like that But as you've seen it and testified about it it is an end product M Mua lerver Reporting Miller Verbano Reporting 302.464.0880 -- 215.436.9336 1 2 3 4 5 ,, 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman in and of itself correct Page 62 Page 62 A. Generally that's the way it comes up in the litigation yes Q. You're not aware of any use that can be put of a any use of a phenolic molding compound other than to melt it and mold it into something right A. Well yeah I suppose that's the way it works You know the technical jargon of this particular industry is not known to me in any detail as you can tell from questioning me Q. Now did you review Mr. Madden's testimony about the first time that Reichhold put a warning label on phenolic molding compounds A. No I haven't Q. Are you aware of -- other than potential asbestos issues are you aware of any other potential issues associated with dust that might be created by any phenolic molding compound A. I may have seen something somewhere but I can't recall anything about that Q. I mean do you know if it was a fire hazard or an explosion hazard or any other reasons you might not want to create dust with phenolic M Mulerer Mulerer Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 molding compounds Page 63 Page 63 2 A. Well generally you could have fire or 3 explosion hazards with dust if the concentrations 4 were high enough although it does depend to some 5 extent on the nature of the dust 6 Q. Now you have been provided with warning 7 labels in this case that relate to synthetic resin 8 compounds and asbestos 9 A. I don't think I have nothing besides a 10 manufacturing safety data sheet 11 Q. You don't recall seeing warning labels 12 one that says Caution Contains asbestos fibers 13 Avoid creating dust Breathing asbestos dust may 14 cause serious bodily harm 15 A. Oh okay that appears -- I have no idea 16 what that's connected with the way it was handed to 17 me or when it was issued 18 Q. And you didn't review Mr. Madden's 19 testimony about when and why Reichhold would use 20 various labels 21 A. No I didn't I don't recall seeing that 22 MR CRUMPLAR He is not our warning 23 expert so 24 BY MR MCCAULEY M Mulerver Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 64 Page 64 1 Q. And you're aware of -- I believe you told 2 us earlier that using warning labels was pretty 3 common in the chemical industry going back to the 4 time that they first put out a manual in the 40s is 5 that right 6 MR CRUMPLAR I'm just going to 7 object to the term warning label when you have 00 something that says caution Not the same thing 9 But you can answer 10 THE WITNESS Yeah The use of such 11 labeling by the chemical industry obviously goes back 12 to the 1940s The extent to which it was done it 13 seems to me would have been greater with respect to 14 immediate safety hazards like explosion or fire or 15 acute toxic exposures that would disable the worker 16 and potentially put the factory where the material 17 was used in danger the whole factory 18 So those kinds of hazards I think 19 got much more priority in the chemical industry 20 because the industry needed to take account of these 21 kinds of hazards just to function just to operate 22 and not blow itself up 23 But other kinds of hazard more 24 insidious delayed health hazards like M Mr ileve8r Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 5 6 7 00 9 10 11 12 13 44 15 16 17 18 19 20 21 22 23 24 Barry Castleman Page 64 Page 64 Q. And you're aware of -- I believe you told us earlier that using warning labels was pretty common in the chemical industry going back to the time that they first put out a manual in the 40s is that right MR CRUMPLAR I'm just going to object to the term warning label when you have something that says caution Not the same thing But you can answer THE WITNESS Yeah The use of such labeling by the chemical industry obviously goes back to the 1940s The extent to which it was done it seems to me would have been greater with respect to immediate safety hazards like explosion or fire or acute toxic exposures that would disable the worker and potentially put the factory where the material was used in danger the whole factory So those kinds of hazards I think got much more priority in the chemical industry because the industry needed to take account of these kinds of hazards just to function just to operate and not blow itself up But other kinds of hazard more insidious delayed health hazards like M M: ulerve' r8 Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 product So it was left to the sellers of the Page 66 Page 66 2 product to make that determination and to label their 3 products accordingly 4 Q. And you would agree that the exposures 5 that the employers were charged with regulating was fi the cumulative exposure in the workplace not -- or 7 the aggregate exposure in the workplace not 8 exposures from one particular product Do you 9 understand that question 10 A. Yeah If there were multiple sources of 11 asbestos exposure in a factory for example the 12 factory was supposed to do air sampling to determine 13 what the worst situation was and take action 14 based on that 15 Q. I also have produced to us as something 16 that you reviewed are a couple of versions of Science 17 Newsletter -- 18 A. Yes 19 Q. -- the Weekly Summary of Current Science 20 A. Yes 21 Q. Is that something Mr. Crumplar gave you 22 last night 23 A. Yes it is 24 Q. And would you agree with me that because M Mtheulerver > Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman Page 67 Page 67 this was a weekly summary type of publication that sometimes things were published in here that did not turn out to be correct once you had the benefit of hindsight would you agree with that A. Well I don't have anything in mind when you say that But that can always happen with the publication of anything in any source Q. For example I'm looking at the November 7th 1964 Science Newsletter And I take it that the pertinent part of that in your opinion would be page 297 where under public health it says quote Asbestos workers live longer but get cancer is that right A. Well I think it's explained in the article that you know the headline is elaborated upon in a way that makes sense out of it Because obviously people don't live longer because they get cancer Q. Well is the gist -- your understanding of the gist of this being that once asbestos exposures were low enough that workers quit getting asbestosis they lived longer and had more of an opportunity to also get cancer A. Well the idea is that the workers were M MJ Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 68 Page 68 1 not being wiped out by -- the article starts by 2 staying that workers used to die young of 3 tuberculosis or pneumonia and asbestosis So yeah 4 this is basically -- this is a British doctor 5 reporting about conditions over in the United Kingdom 6 at the big Selikoff conference in 1964 And he's 7 saying workers who have developed only moderate 00 degrees of asbestosis have survived long enough to 9 develop the associated bronchial carcinoma 10 So that makes more sense than the 11 headline does 12 Q. Another speaker that they quoted is 13 Dr. J.C. A Wagner correct 14 A. Yes 15 Q. And does it report that - it appears to 16 be saying that Dr. Wagner has reported that 17 injections of major varieties of asbestos -- 18 chrysotile crocidolite and amosite have apparently 19 caused mesotheliomas in the chest cavities of 20 animals 21 A. Right 22 Q. And he also reports that pleural 23 mesotheliomas have been the result of injections of 24 silica as well M Mulerex r(1 Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 1 2 3 4 5 > Barry Castleman Page 69 Page 69 A. That's correct Q. Do you agree that silica causes mesothelioma when injected to the pleura A. I've never seen any reports that said that So there might be a mistake here There were different types of -- well I don't think I don't 7 think that that's correct 00 Q. Sometimes these reporters just didn't get 9 the science quite correct did they 10 A. Sometimes that's right in the next sentence they spell 11 Q. In fact 12 13 14 15 16 17 18 asbestos wrong don't they A. Well typo Typos can always occur Q. But somebody reading this in 1964 would see a citation that silica causes mesothelioma and see asbestos spelled wrong right A. Yes Well asbestos is mentioned numerous places It's just one place where it's spelled 19 20 21 22 wrong Q. And the other Science Newsletter was one October 31st -- well I don't think we have the to talk about this October 31st 1964 Science 23 Newsletter 24 A. Right M Milerver Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 70 Page 70 1 Q. That's another -- is that something else 2 that you received from Mr. Crumplar last night 3 A. Yes it is 4 Q. And this says that Dr. W.J. Smither UT M of the Asbestos Research Council > London revealed a definite increase in the occurrence 7 of lung cancer among workers in an East End asbestos 8 factory in London right 9 A. I believe so 10 Q. And this says that quote Asbestos dust 11 is also affecting the lungs of city dwellers 12 regardless of whether or not they are asbestos 13 workers 14 Correct 15 A. Yes 16 Q. And to support that it states reading 17 Autopsies of 500 persons over 15 years of age in 18 Cape Town and 500 more in Miami Florida showed 19 asbestos bodies in many lung smears Asbestos bodies 20 are asbestos fibers coated with an containing 21 substance 22 Correct 23 A. Yes That's what it says 24 Q. There wasn't any epidemic of asbestos M Mizlerver Milerver & Reporting Miller Verbano Reporting 302.464.0880 -- 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Barry Castleman disease among nonworkers in Miami was there Page 71 Page 71 A. No. And the article doesn't say that Q. Do you believe that there was an epidemic of asbestos neoplasias associated with just neighborhood or dwelling exposure MR CRUMPLAR Objection THE WITNESS No but we didn't know that back then Back in 1963 Thompson had first published his finding about the presence of asbestos bodies in And there the was lungs of urban a concern that dwellers at autopsy he expressed in his 1963 publication that this might ultimately lead to an epidemic of brake of mesothelioma because of lining materials that were the huge tonnage used in urban areas around the world every year that had to be replaced and that presumably created asbestos air pollution So this was a concern that was expressed at the time in 1964 19 BY MR MCCAULEY 20 Q. And it did not turn out to be the case 21 that there was any epidemic of mesothelioma 22 associated with just these bystander exposures or 23 neighborhood exposures right 24 A. Well this was ambient urban type of M Mulerve ae Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 1 2 3 4 50 60 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 exposures And Barry Castleman yeah it turned out within a Page 72 Page 72 few years that other reports would show that most of the brake lining materials were decomposed into fibrous decomposition products so that Thompson's alarm proved to be greater than the basic you know pollution threat raised by the brake linings in actual practice But that information wasn't available yet in 1964 Q. Do you know of any article in the published scientific literature that suggests that there are any hazards associated with asbestos exposure from phenolic molding compounds A. Nothing occurs to mind Again there are thousands of products in which asbestos was used Most of them have never been subject to testing that was ever published in the open scientific literature The hazards are associated with the airborne asbestos not with the particular product giving rise to it Q. Would you agree with me that different products have different potentials for releasing asbestos when used A. Sure Q. Do you know when the first time was that M Mulerver 11. Reporting gop is afe Miller Verbano Reporting 302.464.0880 -- 215.436.9336 Barry Castleman Page 73 Page 73 1 the chemical -- Manufacturing Chemists Association of warning labels for hazardous 2 guide for preparation 3 chemicals had a proposed warning label for or asbestos 4 containing products No I don't I don't know if they ever 5 A. 65 did come up with a specific text for asbestos certainly testified in the past 65 Q. And you've asbestos weren't necessarily 8 that sellers of raw about their products to 9 forthcoming with information 10 their customers correct 11 A. Yes about the first time 12 Q. What's your opinion 13 that Johns Manville put a warning on bags of 14 15 16 17 18 19 20 21 22 chrysotile asbestos A. It would have been late 1968 or early 1969 based on Q. And the was documentation that true for that I've seen all of their containing products A. Just some Well or just some that was the asbestos sacks of actually Q. asbestos The -- some of their products had warnings a little earlier 1964 Do you know what asbestos floats are 23 A. Generally yes 24 Q. Short chrysotile M MilerverReporting MilerverReporting z Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 74 Page 74 1 A. Right They're kind of the shortest 2 3 4 5 > 7 priced Q. Do asbestos fibers you know what range the fiber had to be in to be classified as an asbestos short or float A. No I don't recall those kinds of details Q. Do you know when the first time was that Union Carbide put any type of warning on bags of 8 9 10 11 12 13 14 15 16 17 18 Calidria A. I think they put some kind of a try not to breathe the dust warning in 1968 without telling what would happen to you if you did breathe the you dust Union Carbide lawyers argued that that's a warning label I don't consider it a health warning And I suppose starting in 1972 they started to use the OSHA warning label Q. You're report that Union also familiar Carbide would with the toxicology sometimes send out to customers or potential customers 19 20 21 22 23 24 A. Yes with me that their Q. Would you agree toxicology report really tried to emphasize the distinction between their chrysotile Calidria and crocidolite asbestos A. Well the -- yeah The thing seems to M Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 75 Page 75 1 have been prepared largely as a reaction to the 1964 2 Selikoff conference and the potential problems that 3 would follow from the standpoint of dealing with 4 customers And it generally kind of tended to 5 suggest that the recommended exposure limits of the 6 day were adequate to protect workers from the hazards 7 of asbestos dust 8 Q. Would you agree that they - that in Union 9 Carbide's toxicology report they attempted to argue 10 that most studies relating to asbestos disease 11 related to crocidolite asbestos and not chrysotile 12 like they were selling 13 A. Well I mean the document says what it 14 says I don't recall exactly how it was stated 15 But you know it certainly was -~-- I think it was 16 something that was created to minimize the damage to 17 sales while at the same time not completely denying 18 the potential of asbestos to cause health problems 19 Q. Would you agree that Union Carbide was 20 trying to persuade current and potential customers 21 that they could safely use Calidria in accordance 22 with the OSHA regulations 23 A. Yes 24 Q. Do you know whether Union Carbide ever M Mukarver he Mukarver ete Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman called on A. Square D I don't for any know if reason I've ever seen any Page 76 76 Page indication of that D was involved in Q. Do you know if Square the ingredients of phenolic molding specifying compounds that it used -- how that was worked A. I don't know what out between Square D as the between the supplier Reichhold and composition to the specifications and of 10 11 12 13 14 15 16 17 18 19 20 21 22 the resin Q. What Rogers Plenco about between Square General Electric or D and Durez any of the other molding compounds suppliers of phenolic I don't know A. Same answer whether any of Square D's Q. Do you know D what they wanted the customers specified to Square to contain end plastic products the products that Square D A. was actually I'm sorry manufacturing Can you say that again whether any of Square D's Q. Do you know customers of their molded plastic products ever those products to specified to them what they wanted 23 24 be made of A. No I don't MLJIVO 1 Reporting Miller Verbano Reporting - 215.436.9336 302.464.0880 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman Page 77 Page 77 Q. Are you aware of any industry standards for the performance of reinforced plastic products A. No. Q. Do you believe that you've told me what all of your opinions are with respect to Reichhold in this deposition MR CRUMPLAR I'm going to object to that that there was a question that said that We've given a disclosure with regard to the opinions that he's going to testify as to MR MCCAULEY Well the disclosure was from quite some time back before he had the meeting or reviewed any Reichhold documents It doesn't mention Reichhold It's pretty useless So I'm trying to figure out what his Reichhold opinions are that he formulated last night and since then BY MR MCCAULEY Q. Have you told me all of those opinions Dr. Castleman A. I've attempted to I mean basically Reichhold was a chemical company They should have known about toxic substances or had people that knew about toxic substances in their employ by the time of you know plaintiff's exposures starting in the M Mulerer Reporting Miller Verbano Reporting 302.464.0880 -- 215.436.9336 Barry Castleman Page 78 Page 78 1 case that Reichhold should have -- Reichhold of OSHA regulations from was aware 2 demonstratively asbestos regulations specific 3 the beginning of OSHA on asbestos in the end of 1971 4 regulations from OSHA understood at least in its own 5 and the company of the OSHA standards 6 operations the implications where asbestos was used in 7 for its own factories 8 9 10 11 12 13 14 15 16 17 18 making these resin products That's basically it And we didn't cover this Q. but I want to clarify You haven't looked at any plaintiff A. Right information in this case My testimony is about the right defendants not about the Q. You don't have plaintiffs say they might plaintiffs any idea about have done with what what the products and when A. Right right That evidence will come in through 19 other witnesses than me not offering any opinion that 20 Q. So you're ever used a Reichhold 21 any of these plaintiffs or the other do You don't know one way 22 product 23 you 24 A. Well it's beyond the scope of my M MLKT te Reporting Miller Verbano Reporting --- 215.436.9336 302.464.0880 Barry Castleman 1 testimony to talk about that Page 79 Page 79 2 Q. Okay And before last night any opinions 3 you had about Reichhold would have just been general 4 opinions about any member of the chemical industry 5 fair 6 7 00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. I think so yes Q. And since last night and since you reviewed some documents that Mr. Crumplar gave you you've developed some more specific relating to Reichhold fair opinions directly A. Right the questions MR MCCAULEY I have for you Okay Those are all Dr. Castleman I pass the witness MR CRUMPLAR follow questions I just have a couple BY MR CRUMPLAR Q. Doctor can you explain what NIOSH is and what their relation is to OSHA how they assist OSHA A. Well the Occupational Safety and Health Act created NIOSH and OSHA OSHA was in the Department of Labor and was given the authority to issue regulations and enforce them NIOSH on the other hand was placed M Mulervetrs Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 80 Page 80 1 in the Department of Health Education and Welfare 2 and was created for the purpose of advising OSHA in 3 the setting of health standards and generally doing +1 such things as health hazard evaluations in 5 industries where there was concern about the 6 potential hazards to the workers 7 So NIOSH's inspections would be done 8 without any concomitant authority to regulate 9 whereas OSHA always did its inspections and these 10 were supposed to be unannounced inspections for the 11 purpose of regulating hazards in the industry 12 That's basically -- and they were 13 created in 1971 actually The last days of 1970 the 14 law was enacted by Congress and so OSHA began to 15 16 17 18 19 20 21 22 function in April of 1971 Q. Doctor are you familiar with there was a criteria document prepared by NIOSH which was really giving advice to OSHA with regard to the labeling in 1972 and NIOSH recommended that the labels on " asbestos materials contain the word danger specifically mention the cancer hazard but OSHA did not adopt that NIOSH recommendation Can you explain 23 why they did not 24 A. Yes Well the -- some understanding is M Mulerve Reporting Miller Verbano Reporting 302.464.0880 -- 215.436.9336 Barry Castleman Page 82 8 Page 1 minimum standard A. Tt It was minimum standard. let let just ask standard question, Q. Doctor real this another couple other questions one of the things quick Reichhold Madden said that Mr. the that Reichhold was doing doing they would investigate of into new products materials that they put raw to do? that's that's good thing for a company you think 10 11 12 13 14 15 17 18 19 20 21 22 23 24 M A. Sure assume that in 1965 just in Q. Now let's started including a of 1965 Reichhold the beginning asbestos Had anything new material in its product the beginning of 1965 that happened right before to a chemical company would give a special notice asbestos into the thinking about incorporating in terms the I I Had anything developed guess with asbestos health fields dealing guess, in public I'd ask ask And especially company company was headquartered right assume that the company right York City its manufacturing manufacturing plant was of New Carteret, right outside New York York City Had in the the happened New York City in fall 1964 that aa notice pause to company company thinking about about give about now including asbestos company thinking Reporting muerte ep 302.464.0880 215.436.9336 215.436.9336 --~ 215.436.9336 302.464.0880 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman included in the notorious Guenther memo The Page 81 Page 81 head of OSHA was a man named George Guenther N And one week after the asbestos rule was published in the Federal Register Guenther authored a memorandum that went to the White House that basically said that OSHA a properly managed OSHA as he put it can be useful in the efforts to do raising to raise funds for the reelection of President Nixon This was a presidential election year This was also the same month as the Watergate break And the Guenther memo suggested that he would not issue any proposed rules for controversial industries or wouldn't issue controversial rules before the November elections So I mean there was - this is a political environment in which OSHA and NIOSH and the Environmental Protection Agency were created And as such you know there are limitations both in the law and in its implementation from a public health point of view Q. Did the OSHA regulations prevent a company from going further having warnings that were more explicit in terms of the dangers Or was that simply M Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman a minimum standard Page 82 Page 82 A. It was a minimum standard Q. Doctor let me just ask this question another couple other questions real quick Mr. Madden said that one of the things that Reichhold was doing is they would investigate the hazards of raw materials that they put into new products Do you think that's a good thing for a company to do A. Sure Q. Now let's assume that in 1965 just in the beginning of 1965 Reichhold started including a new material in its product asbestos Had anything happened right before the beginning of 1965 that would give a special notice to a chemical company thinking about incorporating asbestos into the product Had anything developed in terms of the I guess in public health fields dealing with asbestos And especially a company -- I'd ask you to assume that the company was headquartered right outside of New York City and its manufacturing plant was in Carteret right outside of New York City Had anything happened in New York City in the fall of 1964 that might give notice and pause to a company thinking about now including asbestos M Mulerver te aReporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman A. Yes. It was a major -- 83 83 83 It McCAULEY: me Objection to the just give my my form; argumentative leading objection to cetera. BY MR, MR. MR CRUMPLAR It's examination 10 11 12 13 14 15 Q. GO ahead Doctor You can answer A There was a major conference New organized by Irving organized Waldorf Astoria Selikoff in in New York October 1964 City And York York 1964 at the conference was the subject of media reports well aS considerable attention within industry and well representatives from a number of companies -- we don't have have complete list no such list has survived 16 17 18 19 that were documents But from corporate we industry that number number companies in the asbestos there and that other Union companies like Union predecessor Carbide Carbide DuPont were were Exxon's and Exxon also had also who officials officials conference conference I mean were were attendance at in York -- also asbestos the 1964 asbestos 24 Q. And And terms of an art witnesses how do defense State-of-the-art witnesses talk M Miler -or x Muker Muker foci- 302.464.0880 302.464.0880 302.464.0880 -__ 215.436.9336 215.436.9336 Barry Castleman Page 84 Page 84 1 about the significance of this conference in terms of 2 eliminating any doubt among industry about the 3 dangers of asbestos 4 MR MCCAULEY Objection to form 5 THE WITNESS Well defense experts 6 generally characterize this conference as a watershed 7 in establishing that asbestos exposure could cause 8 cancer particularly to asbestos product users such 9 10 11 12 13 14 15 16 17 18 as insulation workers Yeah The -- the conference also goes a long way to establish that level exposure to asbestos is harmful with the epidemiological report of Newhouse and Thompson showing a statistically significant association between asbestos exposure household contact exposure to asbestos as well as occupational and even neighborhood exposure to asbestos air pollution point sources all of these being statistically significantly associated with 19 mesothelioma mortality 20 Q. And one last question We talked about 21 Science News that reported on this conference But 22 you mentioned I think that just in your general 23 files which have been subject to depositions before 24 that you have files dealing with newspapers Just M Milerve 9 Reporti3 ng Miller Verbano Reporting 302.464.0880 215.436.9336 Barry Castleman Page 85 briefly Page 85 H explain briefly what the media coverage especially 2 in the New York area where you have a company such as 3 Reichhold being headquartered in New York 4 metropolitan area what kind -- if people were simply 5 reading the newspaper like The New York Times what fi would they learn about this conference 7 MR MCCAULEY Object to form 8 THE WITNESS Well they would learn 9 that mesothelioma was a matter of considerable 10 concern at the time that the conference was held 11 And subsequent to 1964 Selikoff was featured in 12 many many articles that were published in The New 13 York Times raising concerns about the hazards of 14 asbestos Hazards of sprayed asbestos in the 15 construction of skyscrapers in New York was the 16 subject of major reports in the New Yorker magazine 17 in 1968. And Selikoff was a central figure in all of 18 these stories in terms of his comments and you know 19 his research findings 20 MR CRUMPLAR Okay Thank you No 21 further questions 22 23 follow MR MCCAULEY I have a couple 24 BY MR MCCAULEY M Milerver & Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 86 Page 86 1 Q. Dr. Castleman when were the proceedings 2 from the New York conference published 3 A. They were dated December 31 1965 4 Q. And so if you weren't at the conference 5 the book didn't come out until the end of 1965 6 7 8 9 10 11 12 13 14 15 16 17 18 correct A. Yes Q. And that went into some libraries right It wasn't disseminated It wasn't mailed out to anyone was it A. Well I suppose it could have been mailed out to people who were members of the New York Academy of Sciences but -- and it could have certainly been ordered from the New York Academy of Sciences But you know I don't imagine that -- it was mostly libraries that would have had regular subscriptions to that journal Q. Have you seen your designation in this 19 20 21 22 23 case A. Q. A. Q. Yes I looked at it briefly Last night Yes You didn't see it before it was written 24 though right M Mulerver Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 87 Page 87 1 A. No. These things are routinely composed 2 by attorneys without consulting their experts 3 Q. In the process of making government 4 regulations I mean OSHA considers -- OSHA publishes 5 a notice in the Federal Register and says that they 6 want to consider comments from anybody who has any 7 interest in what they're about to regulate correct 8 A. Well yeah OSHA welcomes comments in the 9 Federal Register from anybody who reads the Federal 10 11 12 13 14 15 16 17 18 19 20 Register Q. And NIOSH is one of the organizations that gives OSHA comments but OSHA's not required to accept anything that NIOSH says right A. Well that's right OSHA ultimately has the authority to decide in terms of issuing regulations just what the content of those rules is going to be Q. And the NIOSH health hazard evaluations were done in particular industries right A. Well they were done in particular 21 factories 22 Q. No. When the Occupational Safety and 23 Health Act was passed NIOSH prioritized the areas 24 that needed to be studied for potential asbestos M Merv Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 5 9 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman hazards right A. I don't know that you could say that Page 88 Page 88 NIOSH did some investigations of its own and some of that information was published I'm not sure you could say they prioritized It's not like they devoted minded attention to asbestos They were dealing with an enormous range of health hazards which were for the first time subject to regulations to protect workers health and safety in the American industry So this is an enormous change that came about in the early 1970s Q. But with respect to asbestos when they studied asbestos they went out and did health hazard evaluations in factories that were using raw asbestos to make products right A. Not just that They did investigations in other settings as well They went into places where asbestos break servicing was done brake repair work was done It wasn't just raw asbestos used in manufacturing that NIOSH was limited to doing their health hazard evaluations in A lot of the evaluations were triggered by requests from the workers for evaluations M Mulerer ts Reporting ~ ore? t Miller Verbano Reporting 302.464.0880 --- 215.436.9336 1 2 3 4 5 6 7 00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Barry Castleman Page 89 Page 89 Q. And some of those were in factories where they were using raw asbestos right A. Some of them were yes Q. And some of them were using raw asbestos in the 1970s without any regard for the OSHA regulations This is mid to late 70s right A. Well I don't know about any regard But there was certainly widespread disregard for specific provisions of OSHA's regulations that were documented through the 1970s in specific workplaces Q. And OSHA's not obligated to accept any of NIOSH's recommendations right A. Right Q. And there have been plenty of times in plenty of areas that OSHA rejected or declined to follow some recommendation made by NIOSH right A. Oh sure This is largely because it's a lot easier for NIOSH to recommend that OSHA regulate something than it is for OSHA to go through the blown process of issuing a notice of proposed rule issuing a proposed rule holding hearings evaluating all the pre- and hearing extents and then issuing a final rule and then having to defend the final rule when they get sued by financially M Mukerver Mukerver 331 Boger sy Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 90 Page 90 which is the kind of routine that 1 affected parties OSHA making 2 generally prevails for every the academics they can make 3 Q. At NIOSH or that doesn't turn out to 4 an academic recommendation 5 be very practical in application fair that's possible in the case of 6 A. Well ... academics as you put it writing articles in 8 scientific journals They might make recommendations I'm not thinking of anything 9 that are not practical when I say this but I'm sure that can 10 in particular 11 12 13 14 15 16 17 occur Q. greenhouse out how to Somebody gases or do it is We need to get rid of might say we got to do that But figuring a whole different issue right this A. Right That's right Q. Do you know - I think you before but you don't know where have told me Square D was 18 based 19 A. No I don't I may have been told but I 20 don't recall MR MCCAULEY Okay Those are all 21 22 the questions I have Thank you MR CRUMPLAR Okay Thank you very 23 24 much The deposition is over with | M Mulerver Reporting Rat Pa Miller Verbano Reporting 302.464.0880 - 215.436.9336 Barry Castleman Page 91 Page 91 1 Thank you Doctor 2 THE WITNESS Okay I waive 3 signature Have a nice day 4 Deposition concluded at 12:10 p.m. 5 Reading and signing was waived ) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 M Mulerer Reporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Page 92 Page 92 1 CERTIFICATION 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I ADAM D. MILLER Registered Professional Reporter certify that the foregoing is a true and accurate transcript of the foregoing deposition that the witness was first sworn by me at the time place and on the date herein before set forth I further certify that I am neither attorney nor counsel for not related to nor employed by any of the parties to the action in which this deposition was taken further that I am not a relative or employee of any attorney or counsel employed in this case nor am I financially interested in this action 17 18 19 -- ------,------, -- ------, _ 20 Adam D. Miller 21 Registered Professional Reporter Notary Public 22 23 24 M Mutolerverets pRueporting Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman 1 11:22 12 40:19 20,21 1/80 58:20 10 21:23 10th 53:10 12:10 91 12th 10,16 13 37:23 15 37:18 70:17 15th 31 16 30:10 16th 30:21 18th 50 19 21:23 1910 59 1910.1002 59:22 1910.93 44:14 1920s 33:11 1930s 26:21 27 31:19 35:17 37 1935 6,7 33:20 34:23 38:17 1940s 27 39:10 64:12 65 1948 30 1950s 13:12 1954 29:24 30:10 31:21 2,4,11 1960s 12:23 1963 8,11 1964 30:16 67 68.6 14,22 71:18 72 73:21 75 82:23 9,21 85:11 1965 25:23 40 10,11,13 3,5 1966 21:24 23 10,19 1968 21 73:15 74.10 85:17 1969 21 73:16 1970 80:13 1970s 7,14 25:21 45 88:12 89 10 1971 13 6,19 12,24 5,13 78 13,15 1972 14,19 74:14 80:19 1973 14,22 3,21 1,3 1978 44 1979 38:24 1980 25:23 38:24 20,22 1981 40 50 53:13 2 11:19 59:17 2010 8 2011 4 24 38 25 5:14 37:16 38:10 26th 34:10 28 42:14 28th 2,3,21 297 67:11 2nd 8 3 59:20 3/80 58:20 30 5:14 30s 33:12 31 86 31st 21,22 35,000 20,21 52:16 350 2,3,6 4 4 52 40 22:13 40s 64 Index accurate 5 10,15 9,23 8,9,12 50 10:12 500 17,18 50s 65 51 3,12 40:10 52 3,12 49:24 11,15 60s 39:13 65 7 70s 12:23 39:14 89 78 5:11 7th 30:16 67 8 8,000 1,6,17 80s 12:23 A ability 41 academic 90 academics 3,7 Academy 13,14 accept 87:13 89:11 access 12,13 accidents 34:13 accordance 75:21 account 64:20 accumulated 30 accumulation 8:21 accurate 23 M Mur x fs Reporting teete Tm TE 1313 335 5 1335 Miller Verbano Reporting 302.464.0880 --- 215.436.9336 acknowledge 45 acknowledges 8:12 acquaintance 36:16 acquire 20 act 58 79:21 87:23 action 34 66:13 activities 41 13,16 54:20 acts 23:20 actual 53:18 72 acute 64:15 ad 1,2,9,14,17,21 21 39:17 add 8:10 7 34:17 additional 5 13,15 54 additionally 31:16 54 adequate 75 administered 35 Administration 44.15 adopt 34:11 80:22 adopted 39:20 adopting 25:10 advanced 33:24 advertisement 19:21 advertiser 53:10 advice 80:18 advise 14 advising 80 affected 90 affecting 70:11 age 70:17 agencies 11:24 23:20 35 Agency 81:18 agents 56:17 aggregate 66 agree 23 25 27 37 38 40:14 5,12 59 61:19 4,24 67 69 74:20 8,19 Barry Castleman Index acknowledge August ahead 83 air 24:22 41 66:12 71:16 84:17 pollution 72 airborne 50:20 72:17 alarm 72 allegedly 10:10 6,13 alluded 42:17 ambient 71:24 amendment 34:11 37:15 American 12,13 88:10 Americans 22:13 amosite 68:18 amount 48 analyses 50 analysis 24:22 27:18 41 animals 68:20 announced 31 annual 28 answering 49 anticipated 65:21 apparently 38:18 50:24 68:18 appears 3,6 48:17 68:15 application 42 4,23 90 applied 15:22 apply 46:21 approach 35:16 April 80:15 area 35:18 49:19 2,4 areas 42:11 61 71:15 87:23 89:15 argue 75 argued 74:12 argumentative 83 arising 18:22 artfully 25:16 article 20:19 3,8,10 29:23 33:20 6,8,16,20 37 67:15 68 71 72 article's 22 articles 30 35:23 85:12 90 asbestos 5:16 20,24 2,9,12 2,10,11,15,20,22 1,3,6 13:12 20 4,9 3,8,11,13,19,24 1,3 15,20,23 5,15 10,20 27 28:17 1,8,13 8,9,13,15 18,23 32 5 8,19 37:10 5,8,15,16,23 41 5,8 4,20 2,5,7,12,16 46:15 47:18 9,14,17 50:20 12,20,21 22 3,12 14,19,21,23 5,6 55 19,23 3,11,15 7,22 62:17 8,12,13 6,8,15,22 6,8,15,22 66:11 12,20 68:17 12,16,17 5,7 10,12,19,20,24 9,16 72 11,14,18 22 4,6,8,14,19,20,22 2,4,23 7,10,11,18 78 4,7 80:20 81 12,15,17,24 17,21,23 3,7,8 12,14,15,17 85:14 87:24 6,13,14 15,19,20 2,4 containing 6,16 13:10 3,6 45 2,10 2,8 51 53 57 2,3 8,16 4,18 asbestos 71 asbestosis 22:14 31 32:23 1,7 17,24 38 67:21 3,8 ascribe 23 assembled 6:12 assist 79.19 association 2,20 73 84:14 assume 31:20 52.3 56 57 82:10 19 Assuming 55:12 assure 23:14 Astoria 83:10 attached 44:16 attempted 75 77:20 attendance 83:21 attention 32:19 65 83:12 88.6 attorneys 87 August 8 50 51:12 Malerver xt te ete Tata md Reporting 231 232 Miller Verbano Reporting 302.464.0880 --- 215.436.9336 author 50:16 author's 50:16 authored 81 authorities 22:12 authority 79:22 80 87:15 authorize 24:16 Autopsies 70:17 autopsy 22:21 71:10 average 22:23 5,14 Avoid 63:13 Awaiting 22 aware 9,12,13,17,18 12:22 13 17 32 39 9,13,15 47:17 55 7,9,13 56:20 59:12 14,19 4,16 17 77 78 awareness 44:20 54:22 awful 14:16 back 20:12 26:21 27 30 31:19 33:11 38:14 39:10 3,11 65 71 77:12 bagging 54:13 bags 73:13 74 Bakelite 60:24 BARRY 3 based 19:24 20 22:19 26:22 66:14 73:16 90:18 basic 72 basically 68 77:20 78 80:12 81 basis 39:17 batch 52:10 began 80:14 beginning 58:22 78 11,13 begs 54:17 belief 32 benefit 67 Barry Castleman Index charged known 27:19 call 26 big 68 bigger 16,19 28 bit 12:13 blow 64:22 blur 12:21 blurb 30:24 board 61 bodies 22:20 70:19 71:10 bodily 63:14 book 15,18 7:15 8:12 29 86 called 17:22 22 5,6 76 calls 44 cancer 21:24 65 12,18,23 70 80:21 84 causing 30 capable 24:22 Cape 70:18 car 20:10 Carbide 13,15,19 13,18,22,23 4,7,11 18,21 7,12,17 75:19 24 83:19 books 25:10 Carbide's 75 bottom 32:20 carcinoma 68 boxes 12:24 card 48 brake 71:14 3,6 88:19 break 88:19 care 29:17 careful 14 break 81:12 breathe 10,11 Breathing 63:13 briefly 85 86:20 British 68 broadcasting 20:22 bronchial 68 brought 5 building 15:17 bunch 48 business 4:16 12:15 14:17 businesses 28 byssinosis 38:12 bystander 71:22 carefully 46 Carolina 4,9,10,21 32 10,24 34 36:19 37 38:14 carried 54:20 Carteret 50:11 82:21 case 5 10:10 12 13 14 2,14 16:22 15,20 2,3,12,14 31:15 41:20 51:10 54:21 5,23 63 71:20 1,12 86:19 90 cases 5:23 17:24 22:13 28:21 36 Castleman 1,6,13 9,10 47 77:19 79:13 86 caused 68:19 caution 63:12 8,11 cavities 37:20 68:19 Cedar 13 C C 50:11 Calidria 8,22 75:21 California 33 central 85:17 cetera 59:23 65 83 change 49:10 88:11 characterize 84 charged 66 M Mulerv ) Reporting boetes Gre 21 VL jew Miller Verbano Reporting 302.464.0880 -- 215.436.9336 charges 32:21 Charlotte 31 chart 48 check 40 checked 27:22 chemical 5,14,15,16 8:23 9:15 17:23 15,18 6,7,8,9,11,15,16 21 22 37:21 38 1,20 6,12 11,18 3,11,19 73 77:21 79 82:14 chemicals 31 50:10 1,2 73 Chemists 73 chest 68:19 chloride 12 chronic 22:13 chrysotile 68:18 14,24 74:22 75:11 circulated 21:10 circumstances 14 citation 69:15 cited 4:21 3,13 21,22 29 city 70:11 20,22 83:10 dwelling 71 claim 17:16 clarify 78:11 Clark 50:10 class 19:23 classified 20:21 74 clear 12 coated 70:20 codes 24:20 25 26 comment 35:24 comments 85:18 6,8,12 commercial 52:10 commission 23:19 32 21,23 1,4 committee 35 39 Barry Castleman Index charges..corporations common 35:16 64 comp 31:11 1,6 companies 4:16 14:14 15:16 16 17 22 9,19 27:15 28:17 44:23 3,6,7,16 51 13,17,18 company 4:15 12:12 16 17:22 18:13 21:10 26:12 32:18 51:11 53:24 57 58 77:21 78 81:22 8,14 18,19,24 85 company 19:20 compare 43:15 comparison 44 compensable 31 15,23 3,21 13,18 37:15 compensation 34:11 35 38:17 competitors 43:18 complete 3 43:22 53:20 83:14 completely 75:17 completeness 7,10 compliance 24:17 42:18 comply 24 4,16,21 complying 1,11 components 12:24 16:13 composed 87 composition 13:22 48:19 76 compositions 41 compound 40 41:17 42 43:10 16,17 47:13 49 50:21 9,15,17 3,18 5,19 83 compounds 10:21 11 12 15:15 17 16:15 5,14,17 2,5,16 38:21 5,12 46:24 2,11 53 5,15 57 59 60:20 61:12 62:14 1,8 72:12 6,13 concentration 50:20 concentrations 63 concern 13,15 56:18 11,17 80 85:10 concerns 85:13 concluded 91 concomitant 80 conditions 68 conference 30:17 68 75 8,11 22 1,6,10,21 6,10 2,4 confidential 14:18 confirm 15 24:17 34 50:19 53:17 confirmed 18:20 Congress 23:21 80:14 connected 63:16 connection 32 considerable 83:12 85 considered 11,15 considers 87 construction 16,22 16 85:15 consulting 87 Consumer 23:19 contact 20:16 37:20 38 84:15 contained 19,23 10 2,19 12 13:20 4,21 3,18 22 10,12 44:14 9,23 65:14 content 40:17 41 14,17 65:13 87:16 context 42:17 continued 39:13 continuously 39:16 contractor 16 contractors 15:22 control 21:17 controversial 14,15 conversation 18-12 convinced 22:11 copy 21 44:16 corporate 7:11 6 17 19:23 26:22 19,24 46:10 53 9,12 58 83:16 corporation 18 20:22 corporations 5:16 M Mulerver y Reporing being being ke zk \3 Miller Verbano Reporting 302.464.0880 - 215.436.9336 correct 7:16 12:24 13:13 16:17 24 26 29 35:14 37:12 38 6,13 5,17,21 2,6 50:23 9,14,17 56 58 60 9,10 62 18,19 23 67 68:13 1,7,9 14,22 73:10 86 87 Cost 48 Council 70 counsel 3 11,13 count 28 counted 12 19:14 country 7 couple 20 30:22 40 47:24 66:16 79:15 82 85:22 cover 78:10 coverage 85 covered 3:15 17:19 create 56:22 62:24 created 23:20 56 62:18 75:16 79:21 2,13 81:18 creating 63:13 criteria 13:22 80:17 crocidolite 68:18 74:23 75:11 containing 18:15 examination 83 Crumplar 4 4 4,5,13,18,21 4 7,22 8,19 3,9,11 14,17 17:11 12,18 27 37 1,5,19 48:15 51 57:10 58 63:22 64 65:10 66:21 70 71 77 8,15,17 5,6 85:20 90:23 cumulative 66 current 66:19 75:20 customer 53 customers 57 59 73:10 74:18 4,20 16,21 cut 52 cutting 37:21 CV 3:10 Barry Castleman Index correct..discussion correct..discussion D's 15,20 damage 75:16 danger 64:17 80:20 dangerous 15:19 57 dangers 81:24 84 data 5,13,15 40 48:11 6,16 17,22 1,7 1,6,14 60 63:10 date 32 46:11 48 57:10 58:19 dated 50 86 day 20:11 52:20 75 91 days 80:13 deal 30 dealing 35:16 36:17 75 82:17 84:24 88 dealt 39 December 53:24 86 decide 87:15 declined 89:15 decomposed 72 decomposition 72 defend 89:23 defendants 78:14 defended 7 defense 11,12 83:24 84 definite 70 definition 7 11 degrees 68 Delaware 7,8,9,11 17,19 25:18 delighted 8:11 demand 53 demonstratively 78 denying 75:17 department 1,3,5 44:16 79:22 80 depend 63 depends 13:18 deposed 6 deposition 8,17 4:13 2 18,20 16:24 41:21 77 90:24 91 depositions 9,12 10,11 84:23 describe 42:24 48 description 9 designation 86:18 desired 8 detail 42:19 43 62:10 detailed 54 details 74 determination 66 determine 66:12 determining 50:20 develop 68 developed 68 79 82:16 devoted 50 88 die 68 difference 43 49:21 50 61 dinner 6:23 2,24 8:19 direct 59 directly 22:15 79 director 50:10 disabilities 34:13 disable 64:15 discerned 36:14 disclose 14 disclosed 15 disclosure 14:20 57:18 9,11 discuss 7:15 22 29 discussed 9:10 35:22 discussing 47:22 discussion 3:22 55:23 Mulerver ot } Tate Reporting 213 Met za Miller Verbano Reporting 302.464.0880 - 215.436.9336 disease 31 8,23 33 12,20 2,23 37:11 38:13 16,23 71 75:10 diseases 16 32:16 3,14,15,21 12,17 14,16 disregard 89 disseminated 86 distinction 74:22 doctor 68 79:18 80:16 82 83 91 doctors 16 35:23 36:15 document 10:18 12 19:14 31:10 20,22 49 50 51:16 75:13 80:17 documentation 4:20 14,20 20 41 52:24 16,19 73:16 documented 2,3 89 documents 20,23 6,9 2,4,8,11 12,19,23 3,6,9,11,19,22 2,6 10 6 12 14:24 15 16:21 15,20 4,8 6,9,16,23 26:22 13,23 4,6,10,17 20,24 5,7,23 22,24 22,24 50 3,9,12,13 16 54:10 77:13 79 83:16 doubt 84 draw 11:24 due 37:20 duly 2 duplication 3:13 Dupont 83:19 Durez 17:22 5,8,14,18,22 43:18 76:11 dust 14,15 35 37 38 5,7 14 18,24 3,5,13 10,12 75 dusts 37:21 dwellers 22:21 70:11 71:10 E earlier 39:24 64 73:21 early 35:11 36:23 37:11 73:15 88:11 easier 89:18 Barry Castleman Index disease..experts easily 36:14 East 70 Education 80 effect 38:23 effort 14 39:16 43:15 efforts 81 eight 51:19 18,22 elaborated 67:15 election 81 elections 81:15 Electric 17,24 6,11 28 60:19 76:12 electrical 16:12 26:15 6,10,14 28 electronic 12:23 elements 48:18 eligible 33 eliminating 84 emerged 43:23 emergency 21,22 55 emphasize 74:21 employ 4:17 77:23 employed 26 employees 8,10,12 7,11 37 10 42:12 55:13 employer 13:10 14:11 25:14 55 employers 15 24:10 25 26 45:15 66 employing 16 enacted 80:14 encounters 45 end 15,24 35:13 44 17,24 70 76:17 78 86 enforce 79:23 enforceable 25 enforcement 24 engineer 21 Engineering 21 engineers 21:10 enormous 7,11 environment 81:17 Environmental 81:18 epidemic 70:24 3,13,21 epidemiological 84:12 equipment 26:16 6,10,14 28 establish 33 84:11 established 24:21 establishing 84 evaluate 46:15 evaluating 89:22 evaluations 80 87:18 15,22,23 24 evening 8,10,13 Eventually 33:17 evidence 21 33 36 41:20 60:14 78:18 exact 40:24 examinations 36:21 54:13 examine 35 37 examined 2 examples 51 excepting 26:10 exceptional 36:20 excerpt 19:14 22,23 30:11 excerpts 19:18 21.21 38:22 excuse 55:11 existed 24:20 expect 26 40:21 expected 55:20 experience 18:22 expert 63:23 expertise 4:18 162 experts 84 87 M Mulerer oot Reporting pe ede Tear Pd FAP AN yu Miller Verbano Reporting 302.464.0880 - 215.436.9336 explain 79:18 80:22 85 explained 67:14 explicit 33 81:24 explosion 62:23 63 64:14 exposed 8,10,13 35:18 exposing 56:10 exposure 24:18 15,19 49:22 50 3,5 6,7,11 71 72:12 75 84 11,14,15,16 exposures 24:10 14,19 40:24 41 64:15 4,8 67:20 22,23 72 77:24 expressed 4:13 3 9 11,17 extent 18:20 39:15 8,11 63 64:12 extents 89:22 external 37:19 extremely 46 Exxon 83:19 Exxon's 83:20 eyes 37:19 face 10:18 facilities 25:23 51 55 facility 3,6 17:17 41:18 42 43 16,22,23 56 fact 8:12 57:20 69:11 factories 78 87:21 88:15 89 factory 16,17 11,12 70 fair 49 5,10 90 fall 82:23 familiar 11 4,11 17:21 18:10 43:13 80:16 familiarity 54:10 featured 85:11 federal 15 53:20 55:14 60 81 5,9 Barry Castleman Index feel 47 fiber 74 fibers 63:12 8,22 70:20 74 field 4:18 21:16 fields 82:17 figure 14:13 15 21,23 56 77:15 85:17 figures 27:22 figuring 90:13 file 30 files 19:19 21 23,24 final 61 23,24 financially 89:24 find 15:12 finding 71 findings 85:19 Fine 61:21 fire 62:22 63 64:14 float 74 floats 73:22 Florida 70:18 folks 4:17 follow 75 89:16 follow 79:16 85:23 foreseeable 65:24 form 4 3 53:15 61:13 83 84 85 formaldehyde 32 56:21 61:23 formaldehyde 3,22 formed 53 forming 29:15 formula 48:18 formulated 77:16 formulation 48 61 formulations 9:22 3,4,11 3,9 16,18 explain..greenhouse forthcoming 73 found 19:18 21 page 45:22 46 free 47 freely 15 front 20:11 blown 89:20 fumes 37:22 function 64:21 80:15 functional 40:22 raising 81 funds 81 G G 81 gases 37:22 90:13 gave 8 37 66:21 79 GE 27:15 general 3:18 17,24 5,11 56 60:19 76:12 79 84:22 generally 8:24 12:22 43:20 63 73:23 75 80 84 90 gentleman 44 George 81 gist 19,20 give 9 9 34:22 36:10 14,23 83 giving 80:18 good 25 57:21 82 government 16,21 35 36:18 87 grades 10:24 11 granulated 10 great 30 greater 64:13 65:22 72 greenhouse 90:13 M Milerver oo Reporting Reporting I 231 231 Ves tg Miller Verbano Reporting 302.464.0880 - 215.436.9336 Guenther 1,2,4,12 guess 9 13:18 29:24 51:13 82:17 guide 73 guideline 11,13 guidelines 4,13 3,12 H inch 8:23 hand 79:24 handed 63:16 handling 4:17 20,22 happen 67 74:11 happened 13,22 happening 21:13 happy 18:24 hard 15:20 37:24 harm 63:14 harmful 84:12 harmless 12 Hartford 8,9 51 hazard 21:24 38 56:12 64:23 80 21 87:18 14,22 hazardous 59:17 73 hazards 13:11 21:17 7,10,20 28:24 31:18 57:19 63 14,18,21 24 65 11,17 6,11 82 85:13 14 1,8 he'll 8:13 head 81 heading 44 headings 59:17 headline 67:15 68:11 headquartered 82:19 85 headquarters 11,14 health 4:19 16 22:11 2,20 44:13 15 56:11 64:24 67:11 74:13 75:18 79:20 1,3,4 81:20 82:17 18,23 Barry Castleman Index Guenther..instructions Guenther..instructions 8,10,14,22 heard 3:24 12:17 3,17 60 hearings 89:21 held 3:22 55:23 85:10 helpful 29:14 high 63 highest 14,16 hindsight 67 hoc 39:17 holding 89:21 homes 15:17 hope 3:14 hotel 6:17 hours 7 include 24:15 34:12 included 81 including 8:22 47 11,24 inclusion 33 incomplete 57:18 incorporating 82:15 incorrect 22:19 23:23 45:24 46 increase 70 increased 22 increasing 40:22 indication 34:22 49:13 76 industrial 16 9,16 1,2,5,21 23,24 35 8,17 50:13 industries 33:16 35 36:22 37 38:14 80 81:14 87:19 House 81 household 84:15 huge 71:13 hundred 40:17 hundreds 24:23 hygiene 1,2,5 hygienist 50:14 hygienists 16 industry 9:16 20:23 7,12,13 12,13 1,4 27 28 33:11 12,13,16 43:12 62:10 3,11,19 20 77 79 80:11 12,17 84 88:10 infection 37:18 inference 22:19 inferences 22:23 inflammation 37:19 information 4 6 16:19 20:15 26:13 31:21 47 1,2 55:22 60 72 73 78:12 88 4 idea 52:17 63:15 67:24 78:15 identification 10:23 identify 41:23 ignorance 45 55:10 imagine 4:19 13:24 14 45:14 86:15 immediately 20 implementation 81:20 implications 32:20 78 implied 15:11 imposed 6,9 inch 8:22 informed 13:19 ingredients 12 8,10 59:18 76 inhaled 38 injected 69 injections 17,23 innumerable 6 insidious 64:24 inspections 24:17 7,9,10 inspectors 24:16 installation 3,22 instructions 39 Mulerver un Toyete Tp? Reporting AN tp Miller Verbano Reporting 302.464.0880 --- 215.436.9336 insulation 32 84 insurance 32:20 51 intended 41:14 interest 87 intermediate 61:18 internal 7:10 6,9 18,22 interpreting 46:21 investigate 82 investigations 3,17 involve 40 involved 10:10 12 40 44:24 57:19 76 involving 28:22 Iowa 13 19,21 32:22 33 containing 70:20 irritating 37:21 38 Irving 83 issue 8:23 19:22 21:24 22 31:17 53:10 79:23 81:13 90:14 issued 43:21 63:17 issues 17,18 issuing 87:15 20,21,23 a 42:15 J.C. 68:13 Jacobs 9:11 Jansen 42:15 46:14 January 3 58:20 jargon 43:12 62 Jersey 50:11 51 jobs 54:15 Johns 73:13 joint 15,17 journal 8:24 86:17 journals 90 Barry Castleman Index insulation..lowest insulation..lowest June 51:13 left 33 66 junior 21 K legal 56 legislature 34 letter 44 45:21 50:17 kind 12:20 17 25 38:17 39:16 40:22 20,21 44 18,22 49 3,4 65 1,9 85 90 kinds 21:13 36:17 45 18,21,23 74 Kingdom 68 knew 15 16 26 28:24 31:17 77:22 knowing 21:11 52:21 knowledge 5:16 19:23 2,24 53:18 61 knowledgeable 17 L levels 25:15 liabilities 32:21 liability 32:21 libraries 8,16 limit 2,10,11 41:10 limitations 81:19 limited 88:21 limits 24:18 25 75 lining 71:14 72 linings 72 liquids 37:22 list 24:23 25:13 33 42:13 83:14 label 39:21 60:16 62:14 64 65:11 66 73 13,15 labeling 64:11 13,17 80:18 labels 60:12 7,11,20 73 80:19 Labor 44:16 79:22 laboratories 20,21 lack 36 language 7,17 largely 75 89:17 late 73:15 89 law 2 11,17,20 33 11,17 1,5 37 38:17 39:21 8,10,11 80:14 81:19 laws 23:24 10,14 10,13 2,5 33 35 lawyers 74:12 lead 71:12 leading 83 learn 6,8 leave 6 listed 25:12 14,16 48 lists 38 literature 35:22 10,16 litigation 43:23 45 62 83:23 live 12,17 lived 67:22 locations 47:15 London 6,8 long 6:24 36:11 68 84:11 delayed 64:24 longer 12,17,22 looked 21,22 46 48:16 57:24 78:11 86:20 lot 6,16,17 42 43:12 52:15 88:22 89:18 lots 30 low 67:21 level 84:11 lowest 58:16 lowest 74 M Mulerer dots Reporting } wt M 12 Miller Verbano Reporting 302.464.0880 --- 215.436.9336 lung 56:16 7,19 related 38:13 lungs 22:20 70:11 71:10 M Madden 10,11 46:14 82 Madden's 45:19 51:16 58:23 62:12 63:18 made 18,19 6,15 27:14 28:17 29:11 31 5,22 33:21 8,15 47:16 61:22 76:23 89:16 magazine 15,18,22 1,2,5,23 2,3,6,16,21,24 53:18 85:16 magazines 21:14 mailed 9,11 major 68:17 1,8 85:16 majority 49 make 2 14,19 49:21 50 66 88:16 3,8 makes 67:16 68:10 making 49:13 10,22 54 78 87 man 22:24 81 managed 81 manifest 38:16 manner 13,16 42:24 manual 64 manufacture 14:12 45:17 manufactured 10 11 12:23 18 41:17 42 1,16,18 46:24 10,12 20,23 manufacturer 12,16 6,11 43 60:15 manufacturers 26:16 2,20 manufacturing 16:16 25:23 26:12 44:24 45:12 54 55 63:10 73 76:18 82:20 88:21 Manville 73:13 March 34.10 42:14 2,3,21 54 Barry Castleman Index lung..nature market 22 27:18 28 marketed 14 material 6:11 4,13,15 16:16 17 18:18 38 40 41:22 43:21 8,17 48:11 5,11,17,22,24 58 1,6 14 60 61:12 64:16 82:12 materials 8:18 12:10 12,13,19 28:12 41:15 48:19 56:12 57:19 60:22 71:14 72 80:20 82 math 52 matter 85 matters 22 28 Mccauley 3:23 11,22,24 6:20 8:16 17 13:16 14:10 6,8 18,20 24 8 6,8 27 2,4 3,8 56 57:12 63:24 4,12,16 71:19 77:11 17 79:12 83 84 7,22,24 90:21 means 20 52 measurements 50 measures 27:24 measuring 50 media 83:11 85 medical 22:12 33 35 3,14,20 37 54:13 meet 14,21,24 meeting 3,9 77:13 melt 61:12 62 member 9:15 28:10 79 members 20:23 86:12 memo 7,9,13 22,23 1,12 memorandum 14,18 46 81 memos 19,21 mesotheliomas 19,23 met 13:21 method 42 metropolitan 85 Miami 70:18 71 Micarta 60:24 3,7,17,22 mid 89 mild 22:13 mind 67 72:13 minimal 3:14 minimize 75:16 minimum 60:11 1,2 missed 30:20 mistake 69 moderate 68 mold 62 molded 76:21 molding 21,24 12 16:15 17 14,17 2,5,16 38:20 40 5,6,11 17 42 10,16,17 46:24 2,11,12 48:20 49 50:21 53 4,15 57 59 8,15,17,20 3,11,18 62 14,19 63 72:12 5,13 monotone 40:22 month 52:23 81:11 moral 56:10 mortality 84:19 mounting 61 MSDS 57:20 multiple 66:10 men 16 mention 5:17 77:14 80:21 mentioned 25 28:14 39 47:19 69:17 84:22 named 44 81 names 14:17 19,20 35 mentioning 7:19 mesothelioma 18:22 30:17 3,15 13,21 84:19 85 nasal 37:20 38 National 18,19 nature 63 M Mujerve 1 Reporing 4847 beb^'4847 64, eX ya er Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman NC 33:21 necessarily 20:13 32:12 57:15 73 needed 45:13 55:18 64:20 87:24 neighborhood 5,23 84:16 neoplasias 71 Newhouse 84:13 news 9,11 18,19 84:21 Newsletter 66:17 67 20,23 newspaper 11,21 29:24 30 85 newspapers 20:10 30 84:24 nice 91 night 6:22 7:23 4,20 3,10,18 18:12 19:10 28:13 31:12 33:19 37 7,16 66:22 70 77:16 2,7 86:21 NIOSH 5,9,20 18,21,24 80:17 19,22 81:17 11,13,18,23 3,21 16,18 90 NIOSH'S 80 89:12 Nixon 81 asbestos 47:12 fibrous 72 nonetheless 32 nonworkers 71 North 4,9,10,21 32 10,24 34 36:19 37 38:13 inappropriate 58:14 notice 22 26 14,23 87 89:20 notion 35:19 notorious 81 November 67 81:15 number 28:18 14,15 13,17 numerous 69:17 O object 4:22 8:16 16 21:18 25 27 37 85 objection 6 47 65:12 71 83 84 obligated 3:12 55 89:11 obligation 7,9,12 6,9,10 occasionally 18:15 Occidental 17:22 occupational 4:18 2,5 32 33 21 12,17 44:15 59:22 65 79:20 84:16 87:22 occur 69:13 90:11 occurrence 70 occurs 72:13 October 30:16 31 21,22 83 offer 43:24 offering 78:20 office 6:19 officials 19,21 oils 37:21 open 31 33 72:16 opened 32 opening 32:14 opens 31:20 operate 64:21 operation 31 operations 78 opinion 3:18 9:16 13 45:11 49:16 55 56 60 67:10 73:12 78:20 opinions 4,13 3,9 4,8,11,12 26 29:15 30:12 31:15 49 51:10 6,7,13,15 5,9,15,18 2,4,9 opportunities 22 opportunity 40:18 67:22 opposed 43 49:23 oral 37:20 order 55:20 ordered 86:14 orders 52:19 Index period organizations 28 87:11 organized 83 organizing 30:18 OSHA 13,20 13 6,21 23:17 8,18 15,20 2,9,13 46:20 53:23 4,11 1,4,14 59 3,5 3,5,14,18 74:15 75:22 2,3,4,6 19,21 2,9,14,18,21 2,6,7,17 22 4,8,12,14 5,15,18,19 90 OSHA'S 87:12 9,11 P P 56:21 p.m. 91 paid 19:21 paper 15,19 paragraph 8,12,18 part 20:24 41:21 67:10 parties 90 pass 79:14 passages 38 passed 87:23 past 4:19 7:13 8 26:16 73 pause 82:23 pay 20:15 paying 32:18 PEL 65:22 penalized 25 penalties 24:15 people 14 28:24 29:19 50 67:17 77:22 85 86:12 percent 2,3,12 10,15,19,22 12 22:13 10,18,19,23 9,23,24 7,8,9,12 11,15 percentage 52 58:15 percentages 40:11 performance 77 period 25:21 30 M Mulerver x ts Reporting a 21 Yen tee Miller Verbano Reporting 302.464.0880 - 215.436.9336 periodic 54:12 person 6:14 17 33 personnel 50:21 persons 70:17 persuade 75:20 pertinent 67:10 phenol 56:21 61:22 phenolic 11,21,24 12 16:15 5,13,16 2,5,15 38:20 40 41 11,17 42 10,16,17 46:24 47 11,12 49 53 4,15 57 59 8,15,16,20 3,11,17 5,14,19 24 72:12 5,13 photocopied 8:23 physical 13:21 picture 21 place 25:19 69:18 places 88:18 Plains 8,9 plaintiff's 3 77:24 plaintiff 78:12 plaintiffs 13 17:16 14,16,21 plant 30:24 4,20 4,14 42 43 47:15 19,24 5,15,23 82:21 plants 47:15 plastic 8,13 17,21 77 Plenco 76:12 plenty 14,15 pleura 69 pleural 68:22 pneumonia 68 point 81:20 84:17 policies 7,12 polite 57:18 political 81:17 pollution 84:17 polyesters 44 Barry Castleman Index periodic publication portion 59:21 possibility 18:17 hearing 89:22 potential 13:11 32:21 40:15 42 49:22 50 56:11 16,17 74:18 2,18,20 80 87:24 potentially 64:16 potentials 72:21 pounds 18,20,21 1,2,3,16,17 practical 5,9 practice 12,13 25 12,13,24 72 pre- 89:22 osha 25:21 precautionary 39 precautions 43 predecessor 83:20 preliminary 3:24 preparation 73 prepared 57:20 75 80:17 presence 26 71 14 15:24 20:22 22:20 present 8:19 35 37 40:18 presentation 48:23 presented 6:12 25 41:21 President 81 presidential 81 pretty 33:24 64 77:14 prevails 90 prevalent 49 prevent 81:22 previously 2,8 12:10 prior 3:12 28:16 prioritized 87:23 88 priority 64:19 problem 45:19 problems 15,23 2,18 procedures 29:13 proceedings 86 process 41 42:10 43 45:12 87 89:20 processes 8,17 processing 56:13 produced 26:23 50 51:19 66:15 producing 3:19 product 8,22 6,14,16 3,12 20:20 23:19 15,17,23 43 48:20 49 11,20 55:19 2,8,15 60:12 5,8,14,17,19,24 65:21 1,2,8 72:18 78:22 12,16 84 production 52:21 products 17,19,23 10,11,19 1,3 13:10 7,16,20 18,23 21:12 28:17 40:20 1,18 47:15 49:13 4,18 60 23 61 66 72 14,21 4,9,18,20 17,21,22 77 8,17 82 88:16 professed 45 progression 36 5,7 properly 20:16 81 properties 30 proposed 73 81:13 20,21 proprietary 13:23 prospective 356 356 37 protect 15:10 75 88 protected 22:24 5,15 Protection 81:18 proved 72 provide 23:14 29:17 provided 5:20 19,22 33:19 35:13 37:12 57:23 58 63 providing 36:20 60 provisions 89 public 67:11 81 20 82:17 publication 1,771 12 M MulerverReporting MulerverReporting MulerverReporting MulerverReporting kayeta puedo req N Tyee Miller Verbano Reporting 302.464.0880 -- 215.436.9336 publications 11 published 11 20 21 23:17 36 15 43:22 53:23 67 71 10,16 81 85:12 86 88 publishes 87 purchased 10:20 57 purpose 45:23 50:19 2,11 purposes 28:23 put 5,11 58:16 60:15 5,13 64 16 73:13 7,9 90 puts 19:22 putting 60:12 65 Q qualifications 3:15 question 24 34 35:24 10,11 41:13 44 49 54:17 66 77 82 84:20 questioning 3 562 questions 14,20 14:23 40 79:13 16 82 85:21 90:22 quick 5 82 quickly 42 quit 67:21 quote 10,15,22 23 8,14 10,13 4,5 67:12 70:10 quoted 68:12 quotes 34:20 R raise 81 raised 72 raising 85:13 range 49:17 74 88 Rapids 13 raw 12,13 16:15 8,17 61:12 73 82 15,20 2,4 Barry Castleman Index material 61:18 publications..rephrase publications..rephrase regular 86:16 Raymond 50 RCI 48 reaction 75 read 4 18:21 4,11,18 31:14 38 52 65 reading 21 36:14 50:18 69:14 70:16 91 reads 87 regularly 21 regulate 80 87 89:18 regulating 66 80 11 regulation 23:16 36:18 44.14 regulations 13 15:21 42 44:21 2,13 46:20 53:21 4,22 1,4 75:22 2,3,4 79:23 81:22 4,16 88 6,9 real 5 42 82 reason 13:11 26:20 36:10 76 reasons 13:23 14:18 62:23 recall 7:18 11:23 18:19 19 29 32:24 42 62:21 11,21 74 75:14 90:20 receive 5:23 2,9 received 14 21 70 receiving 15:23 Recent 22:10 Recess 55:24 recipe 4,20 recipient 59 60 recognized 26 32 recommend 89:18 recommendation 80:22 89:16 90 recommendations 89:12 90 recommended 75 80:19 record 3:22 55:23 recorded 20:17 records 28:18 reelection 81 refer 10 59:21 referring 11 21:22 24:14 39:11 reflecting 54:21 regard 77 80:18 5,7 Register 81 5,9,10 Reichhold 3:21 4,14,20 3,9,17 22 6 9,11,20 4,13,19,23 9,21 11 12 15 6,9,14,19,21 21 28:14 7,12 30:24 1,17 40 11,16,18 1,2,9 1,7,17 44:20 10,22,23 10,16,18,22 48:20 49 50:10 1,6,9,14,17,19 54:23 24 6,17 57 59 62:13 63:19 76 5,13,14,15,21 1,21 79 10 5,11 85 Reichhold's 38:20 reinforced 61:13 77 rejected 89:15 relate 18 41:16 1,7 53 63 related 56:23 75:11 relates 41 relating 5:22 7:12 12:11 79:10 relation 79:19 relationship 40:22 release 41 65:22 releasing 72:21 relevance 30:20 relevant 30:11 31:17 relied 30 31:14 remember 10,12 12:20 17:19 18 removal 35:11 1,5,22 37:10 removed 35:13 37:12 removing 35:17 repair 88:19 rephrase 34 M Mulerver xt Reporting leva >> SUE rk Miller Verbano Reporting 302.464.0880 --- 215.436.9336 Barry Castleman Index replaced..sight replaced..sight replaced 71:16 report 50:18 51 6 68:15 17,21 75 84:12 reported 68:16 84:21 reporters 69 reporting 68 reports 3,4,15 41 50 68:22 69 72 83:11 85:16 representations 2 representative 17 52:21 representatives 83:13 represented 5:21 19:17 requests 88:23 require 46:20 required 42:12 7,9,13,16 87:12 requirement 65.5,14 requirements 44:13 10,11,12,13 65 requiring 1,10 research 19 70 85:19 researching 28:16 residences 51:12 resin 3,11 19,21,23 15 17 18:13 43 63 76:10 78 reviewed 5:22 12,19 10:16 12:10 19,21,24 17:21 18 19 28:18 30 41 51:15 57:22 66:16 77:13 79 rid 90:12 rise 72:18 Rogers 9,14 43:19 76:12 room 6:17 section 24:15 8,17,20,21 sections 59:16 security 56:12 segment 5,8 segments 28 selecting 7:23 Selikoff 30:18 68 75 83 85:11 17 routine 90 sell 20:10 routinely 87 sellers 14:19 66 1 73 rule 81 21,23,24 making 90 rules 54:11 13,15 87:16 selling 14:21 20.20 60 75:12 send 5 58 74:17 sense 19:21 67:16 68:10 running 15,16 sentence 69:11 oe S ee September 21.23 10,21 53:10 serve 26 m 70 Service 22:11 sacks 73:20 safeguards 46:19 servicing 88:19 set 3 safely 75:21 safety 4,13,15 2,3 23:19 26 18,19 40 13,15 48:11 57 17,22,24 58 1,6,14,22 60 63:10 64:14 79:20 87:22 88:10 sales 28 75:17 setting 80 settings 88:18 share 28 sheet 5,14,15 40 48:11 6,16 23 1,7 1,6,14 60 63:10 resins 43 6,7 55:22 sampling 24:22 41 51:14 66:12 sheets 57:17 respect 29 39:21 45 64:13 65 Sc.d. 1 shift 51:19 52 18,22 77 88:13 respirators 42:13 54:14 responsible 8,14 58 responsiveness 4:23 16 21:19 25 37 restaurant 6:23 result 68:23 scenario 58:13 schedule 33 Schneider 12:17 scholar 8:13 science 10,12 16,19 9,20 22 84:21 Sciences 13,15 short 73:24 74 shortest 74 show 44:19 47:21 72 showed 7:23 3 48:15 70:18 showing 26:24 54:10 84:13 shown 17:15 29 7,11 43 48.21 49:15 8,11 resulting 22 scientific 10,16 90 shows 51:11 53 54:22 retained 5:24 29:20 scientist 8:13 sidebar 8:16 revealed 70 review 3:12 2 9:22 38:19 51:15 scope 78:24 sight 27:21 62:12 63:18 58:19 M Milerve ob Reportag Reportag dears 33 Reportag NS Miller Verbano Reporting 302.464.0880 - 215.436.9336 signature 91 significance 51 84 significant 33:11 84:14 significantly 84:18 signing 91 signs 36 silica 35 37 68:24 2,15 silicosis 38:10 similar 27:13 simply 33 52:19 81:24 85 single 20:11 minded 88 sir 6 situation 66:13 situations 38 65:21 size 27:23 skin 37:19 38 skyscrapers 85:15 Slightly 52 small 49:14 smallest 45:15 smears 70:19 Smither 70 called 14:18 sold 13:21 14:16 15,17 17 28:17 somebody's 45:11 sort 27:19 42:17 4,7 52 sounds 25 source 67 sources 8:14 66:10 84:17 speaker 68:12 speaking 13:14 special 16 82:14 specialists 22:12 specific 4:20 6 9 11,12,17 29 Barry Castleman Index signature..table 12 42:11 61 73 78 79 8,10 studied 87:24 88:14 specifically 3,22 30 80:21 studies 22:11 75:10 specifications 76 study 36 spell 56:22 69:11 spelled 31 16,18 sprayed 85:14 Square 10:20 12,22 3,15 14:24 15 9,20,21 2,5 25:22 6,11 3,4,10,16,20,23 4,10 32:14 55:12 4,6 1,4,9,11,15,16,18,20 90:17 stages 35:11 36:23 37:11 stand 4:10 standard 12,13 48 22,23 5,14 59 3,5 15,18 1,2 subject 13 4,6 50 72:15 83:11 84:23 85:16 88 subscriber 21:15 subscriptions 86:17 subsequent 39:17 85:11 substance 70:21 substances 21:17 2,11,23 48 22,23 successor 12:14 sued 89:24 suggest 75 standards 45:10 77 78 80 suggested 81:12 standpoint 75 suggests 72:10 start 5 summarizes 44:13 started 74:14 82:11 starting 74:14 77:24 starts 68 state 11:10 11,20 26 32:14 33 10 2,8,10,17,21,24 35 39:21 state 3:18 83:24 stated 25:16 65:20 75:14 summary 66:19 67 supplied 17:13 supplier 18:12 76 suppliers 8,10,13,16 47:17 76:13 support 53:13 70 16 suppose 7 15:11 59:15 62 74-14 86:11 statement 3:24 13,17,18 22:16 23 40 45:20 65:11 statements 11:23 29:12 46 states 22:10 23:24 9,19 2,10 22 32:16 2,20 36:19 37 39:19 70:16 supposed 15:21 66:12 80:10 surfaces 37:20 surprise 39:18 survived 68 15 switch 12:24 statistically 13,18 statute 31:11 staying 68 stop 35:19 stories 85:18 street 22:24 strong 32 sworn 2 synthetic 63 T.A. 34:21 T.R. 44:11 table 48 M Mulerver > to Reporting Best 7 s guided 761 Vy eA Tyee Miller Verbano Reporting 302.464.0880 - 215.436.9336 tabular 48:22 talk 42:11 47 69:22 79 83:24 talked 7 30:16 36.5,6 84:20 talking 10 19:15 23:11 25:19 45:15 46:19 47 talks 21:24 technical 43:12 50:10 62 telling 74:10 tells 60 temporary 53:23 55 ten 19:16 27:23 55:12 tended 75 term 64 terms 3:16 8 9:17 16 26 27:17 32:20 36 49:22 50 56:11 81:24 82:16 83:23 84 85:18 87:15 terribly 32 test 51 testified 3 15,19 61:24 73 testify 22 77:10 testifying 10:22 testimony 9 16:24 19,23 49:19 51:16 56 57 58:24 62:12 63:19 78:13 79 testing 72:15 tests 51 text 48 73 textile 11,16 theory 19:24 thick 8:22 thing 5 20:21 30:22 32:13 8,14 21 58:14 64 74:24 82 things 12:24 14:15 21:13 32:19 41 46:16 11,17 59-6 61:23 67 80 82 87 thinking 14:23 30:16 15,24 90 Thompson 71 84:13 Thompson's 72 Barry Castleman Index tabular..versions thought 48:23 thousands 72:14 threat 72 threshold 1,11 time 6:10 15 19 10,17 8,13 38:14 46:11 51:13 53:22 57:13 58:24 62:13 64 65:23 71:18 72:24 73:12 74 75:17 12,23 85:10 88 times 6,16,19 23,24 7,11,21 5,13 89:14 titled 33:20 47:24 TLV 24:23 TLVS 3,12,13,24 25:11 today 6:16 19 told 13:22 3,23 7,9,17 18:14 19:16 39:24 64 4,18 16,19 Tom 44:10 tonnage 71:13 top 48 topic 53 total 14:20 Town 70:18 Townes 50:13 toxic 21:17 64:15 22,23 toxicology 16,21 75 trade 8:24 14:17 20:22 21 28 secret 14:18 training 37:12 trial 12:19 22 trials 11,12 triggered 88:23 true 5 4 8:15 5,18 73:17 truth 8:14 22 tuberculosis 68 turn 67 71:20 90 turned 72 type 14:18 20 41:11 43:17 60:24 61:13 67 71:24 74 typed 59:20 types 69 typo 69:13 Typos 69:13 U ultimately 71:12 87:14 unannounced 24:16 80:10 understand 13 44 46:13 60:21 7,11,20 66 understanding 53:20 67:19 80:24 understood 78 union 13,15,18 13,18,22 3,7 11 34:10 18,21 7,12,17 75 19,24 83:18 United 37 68 unqualified 57:21 unseen 27:22 upcoming 30:17 update 3:16 13,16 updated 3:10 39:12 urban 22:20 10,14 urban 71:24 usefulness 48:24 useless 77:14 users 84 usual 27:24 values 2,12 vapors 37:22 varieties 68:17 vary 40:16 version 5:17 versions 66:16 Milerve dt Reporting Reporting I Tee 1 CX Miller Verbano Reporting 302.464.0880 - 215.436.9336 view 81:21 vinyl 12 violation 25 visible 5,7,14 visit 50:19 vocational 35:12 37:11 W W 68:13 W.J. 70 Wagner 13,16 waive 91 waived 91 Waldorf 83:10 wanted 16,22 warn 14 warning 39:21 12,16 62:13 63 11,22 2,7 6,7,11 2,3,13 7,10,13,15 warnings 20,24 6,9,22 73:21 81:23 Warren 50:13 waste 54:14 Watergate 81:12 watershed 84 ways 25 wear 42:13 week 8:24 15,18 6,9,15,21 52:20 11,18 81 weekly 66:19 67 weeks 53:22 welcomes 87 Welfare 80 Westinghouse 17,23 5,12,15 28 White 8,9 81 widespread 36:24 89 Barry Castleman Wilson 34:21 wiped 68 withdraw 17:14 witnesses 10:23 78:19 83:24 word 27 57:18 80:20 words 40:17 work 28:16 88:19 worked 13 6,16 22:14 76 worker 22:23 5,15 35:17 1,6 64:15 workers 26 21,23 54:14 56:11 12,21,24 68 7,13 80 84 88:24 workers 31:11 1,6 34:11 35 38:17 88 working 50:21 workplace 26 6,7 workplaces 89:10 works 62 world 71:15 worsening 35:20 worst 66:13 worth 23 writing 35:23 90 written 86:23 wrong 31 12,16,19 Y year 11,13 52:23 71:15 81:10 years 30 39:18 70:17 72 yesterday 7,10,13 31 47:20 York 23,24 7,11,18,21 82:20 21,22 8,10,22 2,3,5,13,15 86 12,14 Yorker 85:16 young 21:10 68 Index view..young view..young M Mulerver yt Reporting Miller Verbano Reporting 302.464.0880 - 215.436.9336