Document JJoVOkMJamV8dGeLdny3485M2

STATE OF COLORADO COUNTY OF ADAMS AFFIDAVIT ) ) ss. ) Plaintiffs' Exhibit MC 5002 Plaintiffs' Exhibit BX 5069 Plaintiffs' Exhibit ABEX 5018 I, Margaret J. Baumgardner, being of full age and first duly sworn do hereby state: 1. Iam not a party to this action. I have personal knowledge ofthe facts set forth in this affidavit, and if called as a witness, I could and would competently testify as to the truth of the matters set forth herein. 2. I am the Research Coordinator for the Claims Resolution Management Corporation ("CRMC"), a wholly owned subsidiary ofthe Manville Personal Injury Settlement Trust ("Trust"). The CRMC was created in December 1998 and is staffed by former Trust employees. On January 1, 1999, CRMC began providing claims resolution facility services to the Trust. 3. In this position, I manage the Asbestos Claims Research Facility ("Facility"), a document and records repository located at 3390 Peoria Street, Suite 304, Aurora, Colorado. The Facility contains the business records including but not limited to correspondence, memoranda, reports, records and data compilations ("record") of Manville Corporation or related entities ("Manville"), generally, as well as Manville records relevant to litigation ofasbestos liability. The Trust has managed and operated the Facility from November 28, 1988, the date on which the Manville bankruptcy plan was consummated. 4. My experience and familiarity with the documents at the Facilitybegan in 1983 while working for Manville. In my work as a paralegal for Manville, I assisted in locating, indexing and packing many ofthe records which became the foundation documents for the Facility. I continued to work for Manville until September 1987. From March 1988 to September 1988,1 was hired to supervise and assist in the indexing ofthe first 20,000 boxes which were turned over to the Trust in November 1988. From September 1988 to January 1989,1 assisted in the privilege review of documents to be given to the Trust. From November 1988 to April 1994,1 worked for Freeborn & Peters and was put in charge ofthe Facility, managing all productions and "new" acquisitions. In September 1995,1 was hired by the Trust to manage the Facility. In December 1998,1 was hired by Page 1 the CRMC to manage the Facility for the Trust. Accordingly, I am personally familiar with many of the records stored at the Facility, as well as how the records have been gathered. 5. To the best ofmy knowledge, information and belief, I certify that these records were made at or near the time by, or from information transmitted by, a person with knowledge, were kept in the course ofthe regularly conducted business activity ofManville, and it was the regular practice and the business activity ofManville to make the records. 6. Documents from this Facility were copied for the firm of Simon, Eddins & Greenstone. The copies have come from files at the Facility and are bates labeled CRMC-SEG007353 through CRMC-SEG-007402 and these documents are true and correct copies ofdocuments found at the Facility. Subscribed and sworn to before me this 17th day of September, 2009. AMYWBENHAM ( NOTARY PUBLIC 1 STATE OF COLORADO i My Commission Expires May 16,2012 Page 2 Reproduced by Wagner Electric Corporation Attachment G October 1978 Wade W. C lo y d A s b e s to s C a se s SC USDC/SC 9 /2 .6 /8 0 WWC 8001 0050297 CRMC-SEG-007362 0- 0 q 0 0 5 2 I S 0 Wade W. Cloyd Asbestos Cases SC USDC/SC ; 9/2.6/80 WWC 8001 .. -. USE DUST COLLECTION EQUIPMENT WHEN MACHINING ' | *. 0 CRMC-SEG-007363 it TT -& 0- - -fr Wade W. Cloyd Asbestos Cases SC -USDC/SC 9/2.6/80 WWC 8001 INTRODUCTION The purpose of this booklet is to provide practical guidelines for brake and clutch service mechanics in the handling and process* ing of asbestos containing friction materials and in the maintenance and repair of brake and clutch assemblies on which the materials are installed. Adherence to the recommended'work practices wilt reduce employee exposure to airborne concentrations of asbestos dust * and will assist employers in complying with government regulations. This area is regulated by federal, state and local authorities. We caution that you may net rely on strict adherence to the work practices recommended herein as assuring compliance with these regulations, because (a) they are subjectto amendment: (b) there are ongoing administrative interpretations of these regulations; and (c) particular field conditions may vary. You should direct all questions relating to compliance with regulations to the appropriate regulatory agencies. ASBESTOS AND FRICTION MATERIALS . Most molded friction materials contain about 50% asbestos some woven materials over 50%. In molded materials', resin binders prevent the release of asbestos fibers during normal handling. Woven friction materials, normally used only in con* struction and industrial applications, must be handled with care to avoid Creating dust as the asbestos fibers are less firmiy bound into the product Potentially hazardous airborne concentrations of asbestos dust can be created by improper cleaning and handling cf worn brake and clutch assemblies, uncontrolled machining operations and poor housekeeping. Breathing excessive quantities of asbestos fiber can cause respiratory disease and cancer. Smoking greatly increases the risk - of lung cancer among asbestos workers. Prevention cf asbestos dust exposure is the oniy known method of eliminating asbestos* related disease among these working with asbestos containing products. Proper work practices offer the best assurance of providing exposure safeguardsforworkers removing, installing anc machin ing asbestos containing friction materials. * t^ CRMC-SEG-007364 ''wvf'yg S ( 2- * Wade W. Cloyd Asbestos Cases SC USDC/SC 9/2.6/80 WWC 8001 DO NOT USE AN AIR HOSE FOR CLEANING t 1 i *t CRMC-SEG-007365 - ^uyy I s / 00 ij Wade W. bloyd ^ Asbestos Cases SC USDC/SC , 9/26/80 WWC 8001 SUMMARY OF OSHA ASBESTOS STANDARD EFFECTIVE JULY lf 1976 , Under the current standard, it is the employer's responsibility to assure that exposure of employees does net exceed the following permissible exposure levels. * a. Eight-hour time-weighted average: Two fibers, longer than five micrometers, * per cubic centimeter. ' . b. Ceiling (Peak) concentrations: Ten fibers, longer than five . * micrometers, per cubic centimeter. . - Engineering controls such as isolation, enclosure, exhaustventifa* tion and dust collection are the preferred methedsfor meetingthe . . prescribed exposure limits. All external surfaces must be main tained free of asbestos fiber accumulation. .. ' _ Respiratory protection is required whenever airborne fiber con centrations exceed either the permissible time weighted average level or the permissible ceiling concentration. Protective clothing is required whenever airborne fiber concentrations exceed the permissible ceiling level. Caution signs, change rooms and employee notification are required where asbestos fiber concen trations exceed permissible exposure limits. The standard re quires that ail workplaces where asbestos fibers may be reieased shall be monitored to determine expesure levels, and reguiar monitoring is required where exposure levels are exoected to exceed permissible limits. Employers must maintain records of monitoring required by the standard. They must also provide or make available medical examinations for employees exposed to airborne concentrations of asbestos fibers. 5 i CRMC-SEG-007366 t;5 I 5 7 3 . * %^ Wade W. Cloyd Asbestos Gases SC 9/26/80 WWC 8001 .V 1 USE VACUUM OR WET FO CRMC-SEG-007367 uu5030i Wade W. Cloyd Asbestos Cases SC USDC/SC 9/26/8.0 WWC 8001 HANDLING NEW FRICTION MATERIALS Handling new disc brake assemblies, lined brake shoes, clutch facings and brake blocks purchased in individual boxed sets is unlikely to create significant airborne concentrations of asbestos dust. If the parts are purchased in bulk quantities, abrasion during shipment may result in the accumulation of dust in shipping containers. Dust should be removed by vacuuming or cleaning with a damp cloth. Whenever possible, purchase friction materials preground and ready for installation. This may keep dust levels below C$HA maximums and eliminate the need for respiratory protection, restricted areas, regular monitoring, special clothing, change rooms and employee notification. REMOVING WORN FRICTION MATERIALS Asbestos fibers in disc brake linings, drum brake linings, blocks and dry clutch facings are locked into the product with resin binders which prevent the release of asbestos fiber during normal installation. Heat and abrasion during normal use may generate dust containing asbestos. Some dustwill accumulate in brake and clutch assemblies. . When removing worn friction materials, remove the accumulated dust in the assemblies with an industrial vacuum cleaner equipped with a high efficiency filter system. If such equipment is * not available, cust.can be removed with a damp cloth. Do not use compressed air or dry brushing for cleaning. Use a NIQSH approved respirator when removing worn friction materials, or cleaning brake or clutch assemblies. MACHINING FRICTION MATERIALS There is an increasing trend for manufacturers and rebuilders to provide brake lining and clutch facings pre-drilled and pre-ground in final assembly form, in the C2se of truck brake blocks, various oversize thicknesses are avaiiaoie. However, there are some instances where field machining is necessary. This is particularly true for construction and industrial equipment applicationswhich may require machining of blocks, slab stock or roll lining. Dust generation can be minimized or eliminated during arcing of brake blocks by lathe turning at lew speed rather than grinding. Whenever possible friction materials should be cutto length with a shear rather than a saw or abrasive cut-off wheel. 7 -- .. CRMC-SEG-007368 0050303 Wade W. Cloyd Asbestos Cases SC USDC/SC 9/26/80 WWC8001 DO NOT SWEEP. IN l ti i * i ji CRMC-SEG-007369 0050  \t i J I! ?{ \! j I i* t* \ i 0- - S 2 I-6-7 7 Wade W. Cloyd Asbestos Cases SC USDC/SC 9/26/80 WWC 8001 DUST COLLECTION METHODS When asbestos-containing friction materials are machined, i.e., drilled, ground, grooved, cut or beveled, the dust created contains asbestos fibers which may become airborne unless adequate dust controls are employed. The preferred method for minimizing airborne dust from machining operations is local exhaust ventila tion. A local exhaustventilation system consists of dust collection hoods or enclosures connected by duct work or piping to a dust collection filter and a suction source. The two operations that offer the greatest potential for generation of excessive amounts of airborne asbestos fiber are arc grinding and beveling of lined brake shoes and linings or brake blocks. Grinding machines used for these operations must be provided with exhaust ventilation to maintain worker exposures, within permissible levels. a If a central exhaust system is not available, NIOSH (National Institute for Occupational Safety and Health) has stated that, at a miminum, the dust bag of the arcing machine snail be removed and replaced with the hose from a high efficiency industrial vacuum. ' For large volume machining operations that operate on a con tinuous basis. the preferred dust collection device is a fabric filter or baghouse, with a heavy-duty exhaust fan as the suction source. The dust collector must meet the air-cleaning requirements ofthe Federal Environmental Protection Agency Emission Standard for Asbestos. Approval must be obtained from EPA for installation and operation of each system. - OTHER METHODS OF MINIMIZING DUST EXPOSURE ' Whenever possible machining and repair operations should be isolated from other work areas in a restricted area to prevent unnecessary exposure of other workers. Entrances to restricted areas shall be posted with asbestos exposure warning signs as follows: - - Asbestos Oust Hazard ` Avoid Breathing Dust Wear Assigned Protective Equipment Do Not Remain In Area Unless Your Work Requires It Breathing Asbestos Dust May Be Hazardous To Your Health 9 CRMC-SEG-007370 0 0 3.3 0 a 2 I s 7.-0 Wade W. Cloyd Asbestos Cases SC USDC/SC 9/26/80 WWC 8001 ' WEAi*. AN APPROVED RESPIRATOR IF UNABLE TO AVOID DUST ,i * * !. : :i * I \l \ 10 - ^ . CRMC-SEG-007371 0 *0 3 15 7 9 Good housekeeping is essential in a workplace where asbestos containing materials are handled. Industrial vacuum cleaners equipped with multiple stage high efficiencyfiltersshould be used for removing accumulations of asbestos dust and waste. Never use compressed air or dry sweeping for cleaning. Water or other dust suppressants should be applied if brcoms are used. Good personal hygiene practices are important in minimizing asbestos dust exposure. Do not smoke. Wash before eating. Shower after work. Change to work clothes upon arrival at work and change from work clothes at conclusion of work. Work clothing should not be taken home. Laundering of asbestos contaminated clothing shall be done so as to pre^nt the release of airborne .asbestos*fibers in excess of the e xposure limits. DISPOSAL OF FRICTION MATERIALDUST AND WASTE . . Dispose of vacuum cleaner waste and asbestos containing cleaning materials in plastic bags or other sealed containers, with the following warning label printed on the container SB Caution . * Contains Asbestos Fibers * Avoid Creating Dust . Breathing Asbestos Dust May Cause Serious Bodily Harm Use a NIOSH approved respirator when servicing vacuum Cleaners, dust collectors, or handling any asbestos-containing waste materials. *a Asbestos-containing waste materials must be collected, process ed. packaged, transported and deposited in such fashion that no visible emissions are generated to the atmosphere. Ail wastes must be disposed of at sites operated in accordance with applicable laws and regulations. Wade w. Cloyd Asbestos Cases SC USDC/SC 9/26/80 WWC 8001 11 CRMC-SEG-007372 9 sao wade w. Cloya Asbestos Cases SC USDC/SC 9/26/80 WWC 8001 - . ' . SOURCES OF ADDITIONAL INFORMATION "Standard for Exposure to Asbestos Dust" (Code ef Federal Regulations, Title 29, 1910.1001)--OSHA ' "National Emissions Standards for Hazardous Air Poiiutams--Asbestos and . Mercury" (Code of Federal Regulations Title 40. Chapter 1. Succnaeter C. Fan 61. Subparts A, 8)--E?A "Fundamentals Governing the Design and Operation of Local Exhaust Systems." ANSI 29.2-1971 (S7.00) and "Practices lor Respiratory Prelection." ANSI 258.2 1969 (55.50)--ANSI "Industrial Ventilation Manual" ($8.00)--ACSIH . For other information, a user may contactthe manufacturer supplying his friction materials. the Asbestos Information Association or tr.e rricbcn Materials Stand* ards Institute. -. ACGIH EPA American Conference of Governmental Environmental Protection Agency . Industrial Hygienists Public Inferrr.aticn Center Committee on incustnai Ventilation 401 M Street SW P.0.80s 16153 Washington. CC 20460 . Lansing. Ml 48501 . ANSI American National Standards institute 1430 Broadway New York. NY 10018 FMSI Friction Materials Standards Institute East 210 Route 4 Paramus. NJ 07652 AIA Asbestos Information Association 1745 Jefferson Daws Hignway Arlington. VA 22202 OSHA Oeeusabenal Safety and Health Acmimstrarion Office of Infcrmatscn Washington. CC 0210 October 1978 CRMC-SEG-007373