Document K6woG3yV2rJw4Kd1rqJvo16kr

FILE NAME Orton ORT DATE 2016 DOC ORT003 DOCUMENT DESCRIPTION Legal - Amended Declaration of Barry Castleman in Packett vs AJS PAUL C. COOK SBN 170901 DEBORAH R. ROSENTHAL SBN 184241 2 BENJAMIN D. GOLDSTEIN SBN 231699 231699 SIMMONS HANLY CONROY 3 100 N. Sepulveda Blvd. Suite 1350 El Segundo California 90245 4 Tel 310 322-3555 Fax 310 322-3655 5 6 Attorneys for Plaintiffs 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 11 ROGER PACKETT individually and as successor to DONNA L. 12 PACKETT deceased 13 Plaintiffs ) Case Nos JCCP4674 & BC525735 ) ) AMENDED DECLARATION OF BARRY I. ) CASTLEMAN ) 14 VS. ) ) 15 ALLCRAFT JEWELRY SUPPLY CO et al ) Complaint Filed October 25 2013 16 Defendants ) Trial Date ) February 16 2016 17 ) ) 18 I Barry I. Castleman declare as follows 19 1. I am over eighteen years old and not a party to this action The information stated 20 herein is based on my personal knowledge and if called as a witness I could and would testify 21 to the following 22 Qualifications 25 2. hold a Bachelors degree in Chemical Engineering a Masters degree in 24 Environmental Engineering and a Doctor of Science degree in Health Policy from Johns 25 Hopkins School of Hygiene and Public Health I have more than 40 years of professional 26 experience in the area of asbestos and other occupational and environmental health problems 27 Currently I am employed as an environmental health consultant Attached hereto as 28 1 AMENDED DECLARATION OF BARRY I. CASTLEMAN Exhibit 1 is a true and correct copy of my curriculum vitae If called upon to testify I could 2 and would testify to the qualifications contained therein 3 3. have studied development of state of the art with respect to medical and scientific 4 issues relating to asbestos and asbestos diseases for more than 25 years I have reviewed 5 hundreds of scientific medical and corporate documents concerning the hazard of asbestos and 6 the development and history of the knowledge of asbestos hazards In addition to publicly 7 available medical and scientific literature I have extensively researched and reviewed extensive 8 discovery from asbestos litigation including depositions documents and interrogatory 9 responses from asbestos industry companies and their officers and other employees I have 10 undertaken extensive research in public and private libraries in the United States Canada and 11 other countries This has included U.S. government archives institutional archives and the 12 archives of scientists I have reviewed extensive internal documents of companies involved in 13 the asbestos industry including mining companies oil companies friction product 14 manufacturers insulation manufacturers and contractors and railroads I have reviewed trade 15 association periodicals and meeting minutes corporate documents and testimony of doctors 16 plant managers executives and other people who were aware of events that transpired in the 17 history of developing asbestos knowledge over time 18 4. In addition to published information and corporate knowledge that came out of 19 mainly legal discovery I have also interviewed a bunch of timers in the field of industrial 20 medicine and hygiene They included physicians who were active in the field of occupational 21 medicine such as Harold Stewart who first published on asbestosis in 1931 and Alfred 22 Angrist who first published on asbestos and lung cancer in 1942. They are both pathologists 23 Another Dr. Wilhelm Hueper was a leading United States authority in the field of occupational 24 cancer and first director of the environmental cancer section of the National Cancer Institute 25 Dr. Irving J. Selikoff was the leading epidemiologist and asbestos authority in the US Dr. 26 Hueper Dr. Harriet Hardy Dr. Thomas Mancuso Dr. Gerrit Schepers Dr. Richard Doll Dr. 27 28 2 AMENDED DECLARATION OF BARRY I. CASTLEMAN Morris Greenberg and others I have interviewed were involved in the area of asbestos and 2 health over the past decades 3 5. have been qualified as an expert on the history of the asbestos industry and the development of knowledge about asbestos and its hazards also known as state in 5 numerous asbestos lawsuits including those that have been brought in California courts I have 6 testified as a state of art expert in many asbestos lawsuits I periodically testify before 7 congressional committees and have served as an expert consultant to many organizations My 8 expert testimony is on the subject of my doctoral thesis at the Johns Hopkins School of Hygiene 9 and Public Health Asbestos an Historical Case Study of Corporate Response to an Industrial 10 Health Hazard 1985 11 6. am the author of Asbestos Medical and Legal Aspects now in its fifth edition 12 2005 The first edition was largely identical to my doctoral thesis which is a major 13 authoritative treatise on state art My book has been relied upon by the scientific and 14 medical communities and cited as a learned treatise by a number of courts It is extensively 15 footnoted and annotated and is available in libraries and bookstores throughout the United 16 States It encompasses a comprehensive review of medical literature of all kinds as well as 17 other literature available in libraries and published sources such as government publications 18 safety magazines engineering journals trade magazines insurance publications encyclopedias 19 popular magazines and newspapers The doctoral thesis also involved research based on 20 unpublished government records The government records included workers compensation 21 claims files where claims had been made by individuals alleging that they had asbestos 22 diseases of the lungs claims against various companies that were their employers some of 23 which companies were also manufacturers of asbestos insulation products these individuals has 24 used in the course of their work I have also published many articles on the asbestos and 25 industry knowledge of asbestos related health hazards 26 7. Based on my studies and research I have formed the following conclusions A 27 sampling of relevant literature and reports is referred to after each conclusion 28 3 AMENDED DECLARATION OF BARRY I. CASTLEMAN Body of Knowledge that Exists 2 A. Asbestosis 3 8. First let us consider what was available in published sources and how the published 4 knowledge base developed The originally published reports in the era of the modern asbestos 5 industry came at just before the turn of the century and the first reports in the English language 6 were included in the annual reports of the chief inspector of factories and workshops in Great 7 Britain The reported published in 1899 the report for the year 1898 talked about the 8 observation of lung disease in individuals who had worked in asbestos manufacturing plants and 9 about the evil effects of asbestos dust 10 9. The medical literature of asbestos disease mainly developed after the publication of a 11 case report in the British Medical Journal by Dr. Cooke a pathologist in Britain in 1924. This 12 was called Fibrosis of the Lungs Due to the Inhalation of Asbestos Dust Dr. Cooke reported 13 on the death of a year woman who had worked off and on in asbestos plants from the age 14 of 13. According to Cooke the scarring of her lung tissues was largely attributable to the 15 inhalation of asbestos in the course of her work There followed a number of other reports in 16 British sources and this is reflected as well in the United States in editorials of the Journal of 17 the American Medical Association In one on JanuaryJanuary 14 1928 called Pulmonary 18 Asbestosis reference is made to Cooke's case and other reports on the disease now called 19 asbestosis The Journal of the American Medical Association recommended that further 20 attention be paid to this disease as it may well be occurring in the United States The Journal of 21 the American Medical Association issued another editorial in 1930 about asbestosis this time 22 noting the asbestosis had become a compensable occupational disease in Great Britain under the 23 workers compensation law The Journal of the American Medical Association was believed to 24 have been read by 80 of American physicians in those years medical historians have written 25 10. In the meantime there were additional reports of asbestosis published in the British 26 Medical Journal which is in every medical library I have ever walked into The reports mainly 27 involved deaths of individuals who were verified as having asbestosis by autopsy 28 4 AMENDED DECLARATION OF BARRY I. CASTLEMAN 11. In 1930 a report was published by a physician Dr. E.R.A. Merewether and an engineer named C. W. Price Merewether and Price reported a survey that had been conducted by the Factory Inspectorate in England including 363 asbestos workers who were actively employed Of these individuals 26 were found to have asbestosis Merewether and Price reported that the people longest exposed had the highest prevalence of the disease 80 in 6 workers with 20 years or more in the industry There were no cases of asbestosis in individuals 7 with less than five years and Merewether referred to that phenomenon that the disease was 8 delayed in appearance and developed gradually over a period of years It could in seven years 9 be substantially developed in the most severe cases but more often 11 years or more would 10 elapse before the disease had become largely developed in exposed individuals This is the time 11 from the onset of exposure Merewether urged that workers be Aeducated to a sane appreciation 12 of the risk to health posed by asbestos dust Merewether's 1930 writings on asbestosis are 13 among those most often cited in the literature on asbestosis 14 12. There were reports also of the progression of disease caused by asbestos fibers 15 trapped in the lungs including a report by the radiologist Sparks called Pulmonary 16 Asbestosis published in the United States in 1931. Sparks talked about the fact that the 17 disease progressed in some individuals after the cessation of exposure This was demonstrated 18 by the chest rays of the individuals who had been removed from exposure but who had 19 continued to go downhill in terms of their lung conditions 20 13. There are also publications by Dr. Harold Stewart whom I mentioned and his 21 coworkers in 1931 describing two cases of asbestosis in the Archives of Pathology published 22 in the United States One of these individuals had been exposed for only nine months to 23 uncontrolled asbestos dust conditions and nine years later had developed a severe degree of 24 asbestosis when seen at autopsy 25 14. Other sources were also remarking on the disease asbestosis A journal called 26 National Underwriter a publication of the insurance industry in a 1932 article called 27 AOccupational Diseases are Not Generally Understood repeatedly called attention to 28 5 AMENDED DECLARATION OF BARRY I. CASTLEMAN asbestosis and referred to asbestos industries as dangerous industries from the standpoint of 2 insurers who might be prevailed upon to sell coverage of various kinds for the health of workers 3 in such industries 4 15. In this connection I would mention that back in 1918 there was a United States 5 publication authored by Frederick Hoffman called Mortality from Respiratory Diseases in 6 Dusty Trades This made reference to the annual reports of the Chief Inspector of Factories in 7 England and the reports of asbestos disease there This 1918 report written by an insurance 8 company actuary noted that it was the practice of American and Canadian life insurance 9 companies to not sell life insurance to asbestos workers on account of the assumed deleterious 10 conditions in the industry 11 16. By 1932 there were 60 or more publications in print on asbestosis These were noted 12 by way of reference in a bibliography published by the International Labor Organization in 13 1932. These publications continued to emerge from many countries The first cases of 14 asbestosis in the United States were reported in 1930. Asbestosis was also described in an 15 article in the trade magazine Asbestos in the United States in the March 1930 issue amid 16 numerous advertisements from asbestos mining and manufacturing companies 17 17. In 1932 the first case of asbestosis in an asbestos product user was reported at a 18 conference held by the Industrial Commission of Wisconsin proceedings of which were 19 published Here Dr. Albert Russell of the United States Bureau of Mines described an 20 individual who had worked maintaining the insulations on pipes in government hospital and 21 had been diagnosed as having asbestosis and had been compensated by the government for 22 disability sustained from this asbestos condition This is the first published product user case 23 There were other cases reported in the United States in 1933 by Philip Ellman and also reported 24 by Ellman in 1934 in The British Journal of Radiology Wood and Gloyne reported in 1934 25 reported on cases of asbestosis including a boiler riveter who would have been exposed to 26 asbestos because it was used as an insulation material on boilers Wood & Gloyne's report was 27 called Pulmonary Asbestosis A Review of 100 Cases That was published in The Lancet the 28 6 AMENDED DECLARATION OF BARRY I. CASTLEMAN 1 world's oldest medical journal in 1934. The Lancet is like the British Medical Journal a 2 general medical journal published in England and available very widely in medical libraries in 3 the speaking world This article was widely cited in subsequent literature Of the 4 hundred cases of asbestosis they reported on the shortest duration of exposure in any case was 5 six months in the case of two women who had worked in an asbestos plant 6 18. In 1933 and 1934 in the British journal Tubercle Dr. Merewether published A 7 Memorandum on Asbestosis He emphatically noted that asbestosis shortened people's lives 8 Merewether showed that in the British experience individuals who had died with silicosis 9 another occupational lung disease had an average age at death of 54. In the case of asbestosis 10 the average age at death was only 41. The duration of exposure was similarly very much different In the cases of silicosis in which death occurred the average duration of exposure 12 1312 was 40 years For asbestosis the average duration of exposure was only 15 years 19. In 1935 the Pennsylvania state authorities published a report on asbestosis in the 1414 industry in the state This was called Asbestosis published by Fulton and his coworkers at the 15 15 Pennsylvania Department of Labor and Industry fourth of the workers they examined had asbestosis They included an impressive bibliography of 125 references to asbestos 1717 disease previously published in journals in the United States England France Italy Germany 18 and other countries The Pennsylvania study included an effort to relate dose and response The 20 20 authors had sampled the exposure of the workers to dust in four asbestos plants and the found that overall average concentrations of dust could be broken down into three groups that varied 2222 2323 2525 26 26 2827 from 4.64 million particles per cubic foot up to 44 million Asbestosis was reported in all three groups with the prevalence and severity of disease greater in the more heavily exposed groups But no level of exposure was found to be free of the disease This was one of the first surveys of this kind in the United States similar to that which had been done by Merewether and Price and published in Great Britain and the United States separately in 1930. In all of these studies at least 25 of the workers were diagnosed as having asbestosis 7 AMENDED DECLARATION OF BARRY I. CASTLEMAN 1 20. The study by Lanza and his coworkers at Metropolitan Life published in 1935 and 2 initiated at the request of representatives of the asbestos industry found that 53 of the workers 3 examined with three or more years of exposure had asbestosis 4 21. In 1938 a similar study was done by the Public Health Service including an effort 5 to account for workers who had been discharged before the Public Health Service was admitted 6 to the North Carolina asbestos textile plants to do the study An estimated asbestosis rate in the 7 workplace was given as 27 % The report recommended that dust exposure in asbestos 8 plants be limited to 5 million particles per cubic foot This guideline was recommended as a 9 tentative occupational exposure limit though it was noted that the Pennsylvania study had found cases of asbestosis at that level of exposure 1011 12 13 14 22. Literature on asbestosis was substantially developed by 1935. The disease was shown to have a distinctive pathological appearance with asbestos bodies types of scarring that would form around the asbestos fibers trapped in the lung tissues This was commented upon a great deal by pathologists in the 1920s The disease was shown to have an identifiable radiological appearance on chest ray distinctly different from such diseases as TB and 16 silicosis The disease was also characterized by shortness of breath which would become more 17 pronounced as the individual became more seriously affected by the disease 18 1619 20 23. The risk of the disease involved not only mining and manufacturing plant workers but by 1935 it had come to include users of some asbestos products mainly insulation products such as these used by insulation workers Also there were two reports on clerical workers in plants asbestos manufacturing with 30 to 40 years of experience and these individuals were 22 among the victims of asbestosis described in the medical literature published in Britain and the 2223 24 25 26 United States in 1934 and 1935 24. The disease was consistently found to affect a large percentage of people who were employed in the industries where asbestos products were manufactured This was reported in four surveys in the United States and Britain by the mid to late 1930s 8827 8 AMENDED DECLARATION OF BARRY I. CASTLEMAN B. Lung Cancer 2 25. In 1935 another aspect of the hazard of asbestosis was identified with the 3 publication of medical case reports of asbestosis in combination with lung cancer The first 4 such reports were published by Lynch and Smith in the United States in 1935 in the American 5 Journal of Cancer and by Dr. Gloyne in Great Britain in Tubercle in two separate reports in 6 1935 and 1936. In these reports the question was raised that chronic irritation of the lung 7 tissues from asbestos might be producing cancer as well as lung scarring already well identified 8 as an asbestos phenomenon 9 26. There were additional reports of lung cancer in combination with asbestosis reported 10 by Egbert and Geiger at Yale in 1936 and Nordmann in 1938. An abstract of this last 11 publication appeared in the United States in the Journal of Industrial Hygiene & Toxicology 12 also in 1938. The article was entitled The Occupational Cancer of Asbestos Workers The 13 German author Nordmann concluded that asbestosis was definitely related to lung cancer that 14 lung cancer was in fact an occupational disease of asbestos workers Various features of the six 15 cases Nordmann knew of were tabulated to justify that Nordmann noted among other things 16 that the prevalence of lung cancer among autopsied victims of asbestosis was one in six both in 17 Germany and Great Britain This was very much higher that the prevalence of lung cancer in 18 the general population which tended to be more like % or several percent at most The high 19 rate of lung cancer among people dying with asbestosis would be a most consistent finding 20 around the world 21 27. There were additional publications of cases of lung cancer and asbestosis in 1939 in 22 the United States and in 1941 and 1942 in Germany Holleb and Angrist reported in the 23 American Journal of Pathology on two individuals who had been pipe coverers users of 24 asbestos products diagnosed at autopsy as having both asbestosis and lung cancer These were 25 the first cases of cancer and asbestosis in users of asbestos products published in the medical 26 literature Holleb and Angrist tabulated a total of 10 cases of lung cancer in combination with 27 asbestosis that had been published in the United States Britain and Germany This gave 28 9 AMENDED DECLARATION OF BARRY I. CASTLEMAN readers of their articles the benefit of a review of what had come up until that time in worldwide literature on lung cancer and asbestosis This was a feature of many medical articles on 3 asbestos disease that is they make extensive reference to preceding work So that if one finds 4 a single article one has the windows open on a great deal of knowledge that preceded it 28. In 1942 Dr. Wilhelm Hueper published a book on occupational cancer called 6 Occupational Tumors and Allied Diseases nearly 900 pages long It included a lengthy section 7 on asbestosis and cancer from asbestos in which a large number of references from the United 8 States Great Britain and Germany were cited in support of the view that asbestos most likely 9 did cause occupational cancer Dr. Hueper made unequivocal statements the next year in the 10 article called Cancer in its Relation to Occupational and Environment published in the 11 Bulletin of the American Society for the Control of Cancer There Hueper said that asbestosis 12 cancer of the lung as he called it then was the newest proved occupational cancer of the lung to 13 be listed with the ones that were already known up at that time In the Journal of the American 14 Medical Association JAMA there appeared an editorial called Environmental Cancer in 15 1944 in which asbestos was listed among agents known and suspected of causing occupational 16 cancer 17 29. By 1950 there were more than 80 articles and abstracts referring to the lung cancer 18 hazard of asbestos including writings in newspapers and popular magazines see D below 19 C. Mesothelioma 20 30. The disease mesothelioma of the pleura was attributed to exposure to asbestos or 21 asbestosis starting in 1943 with the report of Dr. H.W. Wedler in Heidelberg There were 22 additional reports in the German literature as well as British literature The case reports that 23 appeared prior to 1960 are annotated and cited by way of reference in Chapter 2 table 5 of my 24 book Dr. Wedler was the first to state that he believed the pleural cancers were occupational 25 cancers and his work was prominently cited in the United States in the 1940s Other German 26 pathologists starting with Leicher in 1954 would identify peritoneal mesothelioma as an 27 asbestos disease 28 10 AMENDED DECLARATION OF BARRY I. CASTLEMAN 1 31. A major report of pleural mesothelioma came from South Africa by Wagner and his 2 coworkers published in the British Journal of Industrial Medicine in 1960. Within a very short 3 time it was widely accepted that asbestos did cause mesothelioma that levels of asbestos 4 exposure present from environmental exposure as well as occupational exposure were sufficient 5 to cause mesothelioma and that mesothelioma was affecting a considerable number of workers 6 in shipyards Reports such as those in the British Medical Journal in 1962 described the 7 different types of workers who were being affected by mesothelioma in shipyards 8 32. In 1964 Dr. Irving Selikoff and his coworkers published a mortality study in JAMA 9 showing that there was a substantial excess of occupational cancer and deaths from asbestosis among people involved in the insulating trades A group of workers who installed insulation and removed it regularly was found to have 45 deaths from pulmonary cancer in a group where only six or seven such deaths would have been expected There were four deaths from peritoneal and pleural mesothelioma in this cohort and this was described as a very rare disease and a substantial excess over what would have been expected There were also 12 deaths from asbestosis in this work force 33. Subsequently later in 1964 at an international conference held in New York and published in 1965 Selikoff and coworkers reported that around 80 of the people who were in the insulating trade had developed asbestosis by the time they had been in trade for 20 or 30 years or more At the conference in New York British researchers Newhouse and Thompson 20 presented a report on 76 deceased mesothelioma patients and an equal number of controls based on interviews with relatives Their report showed strong evidence that mesothelioma a patients were far more likely to have had occupational household or neighborhood exposure to 23 asbestos than the comparison patients who died from other causes at the same hospital D. Other Sources of Knowledge 34. The subject of asbestosis was receiving attention in other types of circles The Encyclopedia Britannica first noted the disease asbestosis in the regular publication of the Encyclopedia in 1940 11 AMENDED DECLARATION OF BARRY I. CASTLEMAN 35. By this time The National Safety Council had been established for 28 years as 2 management's response to the industrial safety issue with its associated problems of disability 3 compensation and labor unrest Starting in the 1930s the National Safety Council has published 4 numerous articles pamphlets and other materials concerning the hazards of asbestosis in the 5 1930s Many of the annual congresses held forums and discussions about dust disease The 6 transactions of these meetings were automatically mailed to the industrial members 7 36. During the 1930s there were an increasing number of lawsuits for dust diseases 8 contracted in the workplace To confront this dust disease threat a meeting of about 250 people 9 representing over 50 industries with industrial disease problems was held on January 15 1935 10 The meeting covered the hazards of asbestos and silica dust and one focus of the meeting was 11 on the menace of ambulance chasing lawyers in combination with unscrupulous doctors 12 During this and subsequent meetings of the association which was initially called the Air 13 Hygiene Foundation lawyers outlined a plan to limit dust disease lawsuits and compensation 14 This included eliminating the right to trial and limiting workers ability to claim workers 15 compensation | 16 37. The refractories industry played a major role in this meeting and subsequent 17 establishment of the Air Hygiene Foundation renamed the Industrial Hygiene Foundation in 18 1941 As chairman of the Temporary Organizing Committee Mr. Hitchens of the American 19 Refractories Institute oversaw much of the planning of the structure and outline of purposes of 20 the organization Through Industrial Hygiene Foundation publications meetings and 21 conferences its members have been long aware about dust diseases and the responsibilities of 22 manufacturers to warn concerning hazards associated with their products 23 38. Among the means by which the Industrial Hygiene Foundation disseminated 24 information was the Industrial Hygiene Digest which published abstracts of articles from 25 hundreds ofjournals that were being published The Industrial Hygiene Digest included 26 abstracts of industrial medicine articles that had appeared in the journals included reference to 27 cancers of the lung and pleura reported originally by Dr. Wedler in 1943 in January of 1945 28 12 AMENDED DECLARATION OF BARRY I. CASTLEMAN Wedler's article had been published in the German Medical Weekly Here we see the first 2 references to cancers of the pleura as well as cancers of the lungs all being counted as 3 pulmonary asbestos cancers in literature 4 5 6 7 8 9 10 11 12 13 14 15 39. In 1944 a trade magazine called Heating and Ventilating carried an article called ADust is an Industrial Health Hazard by Hutchinson in which was noted that fatal cases of asbestosis occurred in shorter periods of time than fatal cases of silicosis and also that the hazard of asbestosis extended to industries including the insulating industry Hutchinson said at that time there was no known safe level of exposure 40. The Journal of the American Medical Association carried an editorial called Asbestosis and Cancer of the Lung in August of 1949. This reported British statistics on 235 deaths in which asbestosis had played a part Of these 235 31 % of the individuals were lung also found to have cancers of the or pleura This was considered quite excessive compared to the normal rate of lung cancer in the general population of % of all autopsies This editorial in the Journal of the American Medical Association was promptly summarized in the abstract form in the Industrial Hygiene Digest in 1949 16 17 18 19 20 21 22 23 24 25 26 27 41. Reference to cancer from asbestos appeared in the New York Times on Jan. 7 1948 Business Week Nov. 13 1948 Washington Post Nov. 21 1948 and Scientific American in January 1949 in an article called ACancer and Environment It appeared in Newsweek magazine May 15 1950. The reference to asbestos in Newsweek was in relation to the rising rate of lung cancer in urban dwellers compared with people in the rural areas This was partly attributed to the presence of carcinogens like asbestos in urban air according to Dr. Hueper Chief of the Environmental Cancer Section US National Cancer Institute The Los Angeles Times noted the carcinogenicity of asbestos April 6 1951 the Chicago Tribune on June 10 1951. The Encyclopedia Britannica made reference to asbestos as one of the causes of occupational cancer under the title cancer in 1952 and asbestos was described as a lung cancer hazard to steamfitters working with asbestos in the Wall Street JournalJournal on April 7 1959 28 13 AMENDED DECLARATION OF BARRY I. CASTLEMAN 42. The Engineering Index was first available in 1883. This index contains made trade journals and leans toward engineering applications rather than general interest or basic chemical research Another source of technical and medical information is the Bibliographic Index which 4 was first published in 1945 by the H.W. Wilson Company and covers the years beginning with 5 1937. This index lists bibliographies and thus could be used as a source of accumulated 6 references The bibliography sources are listed under subject headings arranged alphabetically 7 Examples of headings in these indexes in a search on the health effects of asbestos include 8 Asbestos Dust Workmen's Compensation Diseases Industrial Hygiene and Pneumoconiosis 9 The technology indexes were useful in locating articles on asbestos in U.S. trade publications 10 43. Additionally an enormous collection of information was available from U.S. 11 government sources NIOSH has issued Current Intelligent Bulletins since 1975 ; these have 12 included hazard alert notices on asbestos and other occupational health hazards Prior to the 13 establishment of NIOSH under the Occupational Safety and Health Act of 1970 a predecessor 14 agency existed the Bureau of Occupational Safety and Health which was also within the U.S. 15 Public Health Service PHS in the Department of Health Education and Welfare Reports on 16 occupational health hazards were published by the PHS in Public Health Bulletins 1881-1949 17 and continued as Public Health Monographs 1950-1971 Notable among these on the subject 18 of asbestos were Bulletin No. 241 by Dreesen et al 1938 and Monograph No. 36 by Hueper 19 on lung carcinogens 1955 Other subjects covered by these reports include Bulletin No. 208 20 Health of Workers in Dusty Trades 1933 Bulletin No. 238 Cement clay and pottery 21 industries 1937 Bulletin No. 260 Illness among workers and housewives 1941 Bulletin No. 22 267 Lead arsenate exposure of orchardists and consumers 1941 etc. Some of these files are 23 still retained and are known as the historic toxicology files They were located in the Cincinatti 24 offices of NIOSH and the American Conference of Governmental Industrial Hygienists 25 ACGIH 26 44. The United States Environmental Protection Agency has been in existence since 27 1970 and it primarily regulates air pollution water pollution and land disposal of industrial 28 14 AMENDED DECLARATION OF BARRY I. CASTLEMAN wastes The EPA has supported much research into the potential hazards of asbestos in drinking water The EPA also calls upon the National Academy of Sciences for reports on the state of knowledge about health risks to the general public from environmental asbestos exposure 4 Asbestos Needfor and Feasibility ofControls 1971 Drinking water and Health Volume 5 1 1977 pp 144-168 and Volume 5 1983 pp 123-147 and Asbestiform 6 Nonoccupational Health Risks 1984. In 1973 the EPA issued the National Emission 7 Standards for Hazardous Air Pollutants Fed Register Apr. 6 1973 amended Oct. 14 1975 8 These regulations curtail asbestos use in sprayed and molded insulation ban visible emissions 9 from asbestos mills and manufacturing plants and waste dumps regulate demolition of 10 buildings containing asbestos and ban use of asbestos mine tailings for surfacing roads 11 E. TLVS 12 45. Various guidelines have been recommended to limit asbestosis as a hazard in places 13 where asbestos is used These guidelines included called Threshold Limit Values TLVs or 14 maximum allowable concentrations The Public Health Service in its survey in 1938 15 recommended 5 million particles per cubic foot for dust in which asbestos was present in the 16 workplace as a ceiling concentration This was adopted by governmental group a 17 volunteer professional organization It was recommended as a guideline in some states prior to 18 the enactment of the Occupational Safety and Health Act in 1970 19 46. Authors in other countries took issue with the idea that one could recommend an 20 occupational exposure limit of dust in the air and thereby completely control health hazards 21 Under the heading The Prevention of the Dust Disease Dr. McLaughlin of the Factory 22 Inspectorate in Great Britain writing in The Lancet in 1953 said that people in some countries 23 who recommend these maximum allowable concentrations seem to think that man is a 24 standardized machine which he clearly is not McLaughlin noted a number of factors that 25 would distinguish people in terms of their risks in ways that we could recognize as well as the 26 fact that there are also ways that we can't recognize where one individual exposed to the same 27 things as another working right next to him gets sick and the other one does not 28 15 AMENDED DECLARATION OF BARRY I. CASTLEMAN 47. Others such as that of Dr. May Mayers of New York in 1952 and Warren Cook 2 also writing in the United States in 1956 observed that maximum allowable concentrations that 3 were recommended to prevent other effects than cancer could not be considered to be safe if the 4 substances also caused cancer Asbestos was noted by both of those authors as one such 5 substance that caused cancer 6 48. The Documentation of the Threshold Limit Values published in 1962 and in its 7 second edition in 1966 clearly indicated that the asbestos TLV was based on the 1938 Public 8 Health Service study and was only suggested to protect against the disease asbestosis The 9 word cancer was not even mentioned in the 1966 Documentation whose most recent cited 10 reference on asbestos was dated 1955 11 49. With asbestos as with many other substances it was infrequent that the TLV or the 12 basis for them were reviewed in the light of recent literature once the substance was on the list 13 The limited efforts of unpaid volunteers working on the TLV committees appear to have been 14 mainly devoted to adding new substances to the list during the 1950s and thereafter 15 F. Product Users 16 50. There were many articles coming out in the 1940s and 1950s that noted the risk of 17 asbestosis and in some cases cancer in individuals who were exposed to asbestos in the course 18 of using containing products there were more than 50 separate case reports some 19 involving one or two individuals some involving as many as ten or more These case reports 20 were published mostly in the English language in medical journals between 1932 and 1963 21 These reports are tabulated in Chapter 5 Tables 2 and 3 in my book Asbestos Medical and 22 Legal Aspects 23 51. Companies marketing products that could give rise to respirable asbestos dust either 24 were or should have been aware that most dusts can either cause or aggravate problems in the 25 lungs of product users Some specific company knowledge includes the following 26 Westinghouse's medical director wrote a book in 1947 in which he state that asbestos produced 27 serious effects including the progressive disease of asbestosis yet the company did virtually 28 16 AMENDED DECLARATION OF BARRY I. CASTLEMAN nothing to warn users of its products until required to do so by federal regulations Mine Safety 2 Appliances Company published several pamphlets outlining the problems associated with dusts 3 and recommending the usage of respirators yet did not put warnings on its asbestos clothing In 4 1964 Picher told GREFCO and NARCO that it was putting warning labels on the 5 asbestos products it manufactured for them but neither company put warnings on its own 6 manufactured asbestos products These are but a few examples of widespread failure to warn 7 workers concerning the hazards associated with asbestos and other dusts 8 G. Household Contact Asbestos Exposure and Disease 9 52. In 1897 the first physician in modern times to write about lung disease in asbestos 10 workers also commented on ill health among the workers family members The families of 11 exposed workers in the 20th century were exposed to asbestos brought home on the 12 clothes shoes hair tool boxes lunch boxes and automobiles of the workers 13 53. As far back as 1913 the text Safety by W.H. Tolman and L. B. Kendall p 249 14 emphasized the importance of having workers remove work clothes before leaving a factory 15 where toxic materials are handled so the poisons would not be carried into the homes of 16 workers 17 54. Some chemical companies provided work clothes and laundered them in plants using 18 toxic and carcinogenic chemicals as early as the 1920s compartment lockers or 19 preferably two individual lockers should be provided in dressing rooms for employees whose 20 clothes are exposed to poisonous material said the U.S. Public Health Service in the Manual of 21 Industrial Hygiene 1943 An article that year in the trade magazine Chemical Engineering 22 advised separate lockers for street clothes and work clothes separated by showers in plants 23 handling aluminum powder Hueper wrote in JAMA in 1946 that workers handling 24 carcinogenic materials such as asbestos be provided with showers and special rooms for storing 25 street clothes 26 55. Corporate physicians advised a number of safeguards that would have protected 27 families of workers at a Chrysler plant being built in 1946. The plant was to use asbestos and 28 17 AMENDED DECLARATION OF BARRY I. CASTLEMAN chemicals that could cause toxic effects and dermatitis Protective clothing laundry showers 2 and separate lockers for street and work clothing were recommended by the doctors In a 1948 3 document Roy S. Bonsib an industrial hygienist for Standard Oil of New Jersey stated 4 Appropriate work clothes properly fitted and maintained play a prominent part in an 5 industrial worker's health and efficiency This is especially true when persons are working with 6 more or less toxic or carcinogenic materials or where cleanliness is a factor in the maintenance of product quality Consequently many of the more progressive industrial organizations such 8 as E.I. DuPont de Nemours & Company the American Cyanamid Company and the Borden 9 Company have for years supplied their employees with work clothing and have instituted a 1010 laundry service 1111 1212 13 13 56. A 1951 article Industrial Hygiene in the Paint FactoryFactory in the trade magazine Paint and Varnish recommended the provision of work uniforms not to be worn home and separate lockers for work clothes and street clothes 14 14 57. The United States Department of Labor issued safety and health guidelines in 15 15 conjunction with contract work for the federal government A 1952 document entitled Safety 16 16 and Health Standards for Contractors performing FederalFederal Supply Contracts under the Walsh- 17 17 Healey Public Contracts Act required that contractors provide facilities to prevent the 18 18 communication of harmful substances from work clothes by contact to street clothes 1919 2020 2121 2222 Subsequently Walsh Healey regulations were published in the Federal Register in 1960. These regulations provided that Where employees work clothes are exposed to contamination by poisonous infectious or irritating material facilities shall be provided in change rooms so that street and work clothes will not be stored in contact with each other 2323 2424 2525 26 2727 28 58. Retired Monsanto chemist and industrial hygienist Jack Garrett has testified that in the 1950s that chemical company's employee protection against asbestos from insulation products included showers and daily changes of clothes We went down to shoes and socks underwear and all We didn't want it at home deposition in Schmidt District Court of Jefferson Co. TX Dec. 16 1993 In 1967 Shell Chemicals in Britain adopted a code of 18 AMENDED DECLARATION OF BARRY I. CASTLEMAN practice for handling asbestos products including vacuum hoses for removing dust from clothing and shoes separate lockers for work clothes and street clothes and hot and cold showers Work overalls were vacuum cleaned bagged with warning labeling and laundered by | the company 59. The Occupational Safety and Health Administration OSHA was created by 6 Congress in the last days of 1970. In June of 1972 OSHA asbestos regulations were published 7 in the Federal Register containing rules for laundering of contaminated clothing 8 60. The hazard of asbestos exposure to families of the workers in particular cancer was 9 scientifically knowable long before it was studied directly as illustrated by the advice of the 10 Chrysler doctors 11 61. Once it was substantially established in the 1940s that asbestos exposure could cause 12 lung cancer the consequent public health impact of asbestos use was dramatically increased 13 Cancer is initiated by the malignant transformation of a single cell which replicates itself until it 14 threatens the lifoef the affected person This meant that asbestos exposures insufficient to cause 15 death from asbestosis could clearly cause death by cancer This had been recognized by 16 German workers compensation authorities in establishing workers compensation recognition to 17 lung cancer as occupational in the presence of slight asbestosis as early as 1939 Baader 18 Asbestosis German Med Weekly 65 407-408 1939 The danger of occupational 19 asbestos exposure as a cause of lung cancer was noted by Dr. Wilhelm Hueper Chief of the 20 Environmental Cancer Section of the US National Cancer Institute in warning in 1950 that 21 urban air pollution including carcinogens such as asbestos was a factor in the rising incidence of 22 lung cancer in the general population Environmental Cancer Hazards Caused by Industrial Air 23 Pollution Arch Ind Hyg Occ Med 2 325-328 1950 Small Studies Newsweek p 53 May 24 15 1950 25 62. It followed that whatever exposure limits that were considered applicable to limit 26 cancer effects of a substance were in no way to be considered protective if the substance 27 also caused cancer Experts considering this in the 1950s recommended that for a nickel 28 19 AMENDED DECLARATION OF BARRY I. CASTLEMAN compound believed to be carcinogenic the occupational exposure limit should be lowered by safety factor from 500th to 100th the exposure level that would have applied for other types of systemic injury the substance caused H. Stokinger Prepared Discussion Am Ind Hyg Assoc Quarterly 17 284-286 1956 63. And it also follows that if a substance is a carcinogen the population at risk from its 6 use in society has to be broadened to consider environmental exposures such as air pollution consumer product use and contamination of workers homes by carcinogenic dust brought 8 home on the clothes hair shoes lunchboxes and cars of the unsuspecting workers This is 9 particularly true in the case of asbestos a chemically stable solid 10 64. Industry was well aware that asbestos was mineral with high resistance to destructive 11 forces such as heat and that asbestos did not decompose even upon prolonged storage One 12 scientist borrowed from the language applied to radiation in stating that asbestos in the 13 environment had a half of infinity It was also obvious that absent any safeguards to 14 prevent it workers typically exposed to dust from asbestos products would take the contaminant 15 home on them where it would accumulate in carpets clothing window curtains and furniture 16 It was also known that the very young the developing organism would be most susceptible to 17 the action of carcinogenic agents a fact demonstrated in laboratory testing of carcinogenic 18 agents at least as far back as 1938 cited in Hueper Occupational Tumors and Allied Diseases 19 19p472 58 20 21 22 23 65. Companies that were or should have been aware that asbestos was carcinogenic should have anticipated that allowing workers to return home unwarned with causing dust all over their clothes etc. would have also endangered the lives of their family members In the 1950s the type of cancer most associated with asbestos was lung cancer The additional 24 widespread recognition that asbestos also caused mesothelioma which was in fact a signal 25 tumor for asbestos exposure made it possible for epidemiologists and others to confirm that the 26 cancer hazard of asbestos had indeed spread into the homes of the workers and the 27 neighborhoods of asbestos air pollution point sources 28 20 AMENDED DECLARATION OF BARRY I. CASTLEMAN 66. Studies on the occurrence of asbestos disease that included family members of 2 exposed workers were not published until the 1960s and work such as that of 3 Newhouse and Thompson 1965 and Lieben and Pistawka 1967 established that 4 mesothelioma was causing deaths among persons with only household and not occupational 5 exposure to asbestos The contamination of workers homes and the exposure of their spouses 6 and children was very foreseeable and with the knowledge that asbestos was carcinogenic came 7 the possibility that household exposures could have disastrous consequences for members of workers families if not prevented H. W.R. Grace and Vermiculite from Libby Montana 10 67. In 1954 W.R. Grace & Company bought Dewey & Almy Chemical Co. which had 11 made asbestos brake linings before it closed its Multibestos plant in Massachusetts in 1936 12 Bradley Dewey the company's president was interested in the subject of asbestosis and 13 corresponded with a state official and others about it in the 1930s His company had numerous 14 workers compensation claims brought against it by employees of the Multibestos plant and 15 some of the plant worker asbestosis cases were reviewed at the Saranac Laboratory in the mid16 1930s Vorwald Patient Files Nos 31-37 35-85 34-101 35-129 and 36-124 17 Armed Forces Institute of Pathology Washington D.C. 18 68. In 1963 W.R. Grace purchased the Zonolite Company which operated the world's 19 largest vermiculite mines which were located in Libby Montana Zonolite made Mono 20 fireproofing cement and containing acoustical plaster The Montana operation began 21 mining in 1919 and in fact was originally called the Vermiculite and Asbestos Corporation both 22 minerals were present in the deposit Large production began in the 1930s as vermiculite23 expanding factories were built in Spokane Chicago and Detroit Initially the vermiculite was 24 used only for insulation but in the 1950s it began to be used in concrete mixes as well 25 69. In 1956 Montana State Board of Health industrial hygienist Benjamin Wake visited 26 the Libby mine and mill and took atmospheric dust samples Total dust counts averaged 40 27 MPPCF Company records stated that the dust was 8-21 asbestos Recommendations were 28 21 AMENDED DECLARATION OF BARRY I. CASTLEMAN made to management to improve dust control in the mill Conditions were still poor and dust counts high when Wale returned to the site in 1958 1962 and 1963. A June 1961 letter from E. Lovick assistant to the Libby plant manager to C.A. Pratt vice president of Western Mineral 4 Products Co. acknowledged that asbestosis was a matter of concern based on many studies 5 Montana's inclusion of occupational disease coverage in the workers comp law in 1959 was 6 accompanied by the company's decision to institute an employee ray program Doctors 7 reports which are said to have been inconclusive on the question of whether there was a lung 8 disease hazard in the plant stated that asbestos in concentrates shipped to vermiculite expanding 9 plants should give rise to very small amounts of it in the dust in expansion plants In an 10 September 1961 letter from Pratt to J.A. Kelley at Zonolite Pratt mentions that the Minneapolis 11 Health Department had expressed concern about dust in vermiculite plants 12 70. In 1965 W.R. Grace was discussing the presence of asbestos in Libby vermiculite 13 and reports of men having pulmonary trouble at Libby with Grant Industries See e.g. e.g. Feb. 14 9 1965 letter from O.F. Stewart WRG headquarters to N. Bushell Grant Industries A 15 March 1969 internal W.R. Grace memorandum advises use of warning labeling on products 16 containing vermiculite to aid in defense of product liability cases See Mar. 11 1969 17 Memorandum from P. Kostic to R.W. Sterrett Attached to the memorandum was an article 18 referencing the introduction of an Asbestos Safety Bill in Congress and reports of 19 mesothelioma in household contacts of asbestos workers and neighbors of asbestos plants By 20 1977 there were internal discussions at W.R. Grace about the possibility of tremolite asbestos in 21 expanded vermiculite and that tremolite mightmight be carcinogenic in the digestive tract of humans 22 or animals See Feb. 18 1977 Memorandum from H.C. Duecker to J Yang in reference to a 23 product called Verxite which was an vermiculite product sold as a food additive 24 for livestock and poultry feeds and dogfood see also July 14 1977 Memorandum from J.C.J.C. 25 Yang to H.C. Duecker noting a letter from Dr. William Smith stating that a 50-50 tremolite- 26 vermiculite combination injected into hamsters caused mesotheliomas 27 28 22 AMENDED DECLARATION OF BARRY I. CASTLEMAN ee 71. W.R. Grace did not close its vermiculite mining operation in Libby Montana until 2 1990. Grace was well aware that the tremolite asbestos that was part of the vermiculite ore 3 could give rise to hazardous exposures and warrant warning labeling 4 Edward Orton Jr. Ceramic Foundation's Actual or Constructive Knowledge 5 72. have reviewed the deposition testimony of plaintiff Roger Packett in which he 6 identifies a colored vermiculite packing material that came in the boxes of Orton 7 Pyrometric Cones that he and his wife decedent Donna Packett used in 1972 1973 1974 and 8 1981 as well as at other times I have also reviewed the declaration of Terry Spear and attached 9 exhibits including testimony and attestations by Edward Orton Jr. Ceramic Foundation 10 Orton corporate designee and former General Manager Gary Childress According to these 11 sources Orton was established in 1932 but it began manufacturing pyrometric cones decades 12 earlier Orton has manufactured and sold millions of its ceramic arts products in 70 countries its 13 peak sales were in the 1970s and 1980s Prior to 1963 Orton packaged its pyrometric 14 cones in saw dust Beginning in 1963 Orton began packaging its pyrometric cones in 15 vermiculite that it obtained from W.R. Grace Orton did not stop using vermiculite to package 16 its cones in until 1983. Orton is an based company and has its only manufacturing 17 facilities in Ohio 18 73. The Ohio Safety Congress was an annual meeting held under the auspices of the 19 Industrial Commission of Ohio since the 1930s After the meeting the Proceedings of the Ohio 20 Safety Congress would be published by the Industrial Commission of Ohio and made publicly 21 available Attached as Exhibit 2 are examples of such publications from 1938 and 1940. In each 22 of those meetings the danger of inhalation of hazardous dust in the workplace was discussed 23 including resultant lung diseases such as pneumoconiosis silicosis and asbestosis 24 74. Additionally the Ohio Department of Health Division of Industrial Hygiene 25 promulgated regulations in 1946 for the prevention and control of diseases resulting from 26 exposure to toxic fumes vapors mists gases and dusts in order to preserve and protect the 27 public health These regulations applied to every place of employment within the State and 28 23 AMENDED DECLARATION OF BARRY I. CASTLEMAN particularly to those places of employment where a work or process is carried on by which 2 dusts fumes mists vapors gases or environmental conditions of a harmful nature are produced 3 or generated or exist independently of the work or process which may be inhaled or absorbed 4 or in any other manner enter the body in quantities or concentrations that constitute harmful 5 exposure defined as exposure that is injurious to the body See Exhibit 3 hereto As an Ohio 6 employer during the years when these regulations were in effect Orton was responsible for 7 protecting its workers from injurious dust in the workplace Orton could not have successfully 8 met this obligation if it did not undertake the research and investigation necessary determine whether toxic fumes vapors mists gases or dusts existed at its manufacturing facilities 10 75. In light of the information available to scale manufacturers such as Orton 11 throughout the 1950s 1960s and 1970s about the potential for asbestos to cause diseases 12 including cancers it is my opinion that Orton a major manufacturer and Ohio employer subject 13 to regulations governing exposures to toxic dusts in the workplace could have known by the 14 time it started purchasing vermiculite from W.R. Grace for use as packing material in its 15 pyrometric cone packaging that the vermiculite coming from Libby was contaminated with 16 asbestos and had the potential to cause grave harm to persons exposed to dust that might be 17 generated by the handling of this material By 1963 it was well established in the literature and 18 known by the asbestos industry and its major customers in various industries that asbestos 19 dust was toxic and carcinogenic In addition by the early 1950s it was recognized in the 20 medical and scientific literature that individuals could contract asbestos diseases as a 21 result of relatively low exposures to asbestos dust In September 1981 Orton was told by WR 22 Grace that WRG vermiculite contained tremolite asbestos In December 1978 Orton received 23 an asbestos analysis report on vermiculite from another source demonstrating that Orton was 24 aware of the possible contamination of vermiculite with asbestos and the means to 25 independently verify whether or not such materials contained asbestos 26 2890 2890 24 AMENDED DECLARATION OF BARRY I. CASTLEMAN 3 | I declare underthe penalty ofperjuryunder the laws ofthe State of Maryland and of the United Statesthat the foregoing iis s true and correct Executed 22 this 22 day oof fJanuary 2016at EXHIBIT 2 tamer. oop hfavtbw P22) PROCEEDINGS at et ion | u.. Nepal att .YsMan - , + All Ohio Safety Congress Held under the auspices of THE INDUSTRIAL COMMISSION OF OHIO and the Gree matgem of THE DIVISION OF SAFETY SAFETY AND HYGIENE Published under the merity - af The Inderal Commission of Ohio Deshle Wallic Ford Columbus Obia May 10 11 12 1948 1948 . . ~~ ad A ane _ " ree cms Ame ota nen SSIS oe nga = TAX weep co kg ~<a4 & % BEER Ba> rkers Ce. Cadomed, . x ad tears y e. e Ohks 7 2 ome we ween ee net . Sania eed lin ~*~ = tereel ne Pal atererred = wns Cove hm meee a ~ Ok ew cemeone " eeteeeerel . Pr er a a neg - eee . PLAINTIFF'S = EXHIBIT Bate : - oo i) INSURANOF INSURANOF INSURANOF INSURANOF INSURANOF ; KUCIETY KUCIETY KUCIETY = KUCIETY OF LIST OF HONORARY VICE.SREEM PRESIDENTS 0 R LIST OF HONORARY of . tedecertt Relies, of Ohiz Ohin & Crazy Crazy Dirzon Deparsect Industrial Rebos Jean 2 Avon Rebos Columbex Chic. Columbos Besides Camber Comment Colzatas Dea MARZ Szery Qhity, , Szery ChanelStand Tube Teas BS Anserita Labat Columbus Ohio ) Dove S CChhi inn frcEdateerreiesst rt 7801 DEFTYDEFTY Commision Ohio Gies Gies Obits, bras Ciner Inderal Commision Chanel r Jax Lax Freiz Freiz Corlod . Sex Fun Poel Cenard Saiy Compact Compact ; Youngs 1. Olde Olde Breshice The damning Caus Ebox Ebox Loofing Mill Care Viddle <, Presidca The Calle Safer Connel Do Do Stay Tue Cohns Ohis * Xxxx Preldes sit Calle Yang Cal and Olde Olde Sees Cy, . 4 ' - "| ~ ; Ceaernteri= ae . Cc AA d^'. Ave WwTELA esBota ed Street Theses: * Benes, Feen G, Begs duisteta Sern, B GV F. See C8 Boma Emo forat 2 GS . w. S$, Secmz Adore B Byes Bases Foy, glod ne Cust Cust ie & Coreg,y DATE cou, Obie DATE Cosme ot Darcy Come e Yoon, aN E &. Seen = = se . =: - somes ' EX Pride Tensstille siding siding : Camel Znerile Grass WW.. Svet , Ohfa Via Pale White Cogany Gerdot Oh Grass apnger Your to Halle 'Grass Boat Boat f Donus P. Afam Afam Donus Donus Otis Power Coony Commen Chit ; Prester Tiska Boring Company Ceg Be. DL DL Company Dires of DiresEmployes 2e Pehtipe Grand Milling Wess LLE LLE Resre Ee C.D. Eom & fvgme: Beers foo RE We Sy Se D. R. Faure bes, Cy atmez & Ge OE CompanyMiddleoSply Cf fae -_ Co M 2S Pridem tante ote at meee LSTy REeRs 2 tante a ee ce PARES os sier Gad , SE te - Saeed Tarcervenrpe DSL RaFreyd Scap OhNkorak O-hka- 2] Fred em 3a com anac DSL Fred Sca Scap Scap p Inga Inga and Sre Sreee t t In Scap ScapInga and In QA CA Enza _ President Cam Newark Te aed Vans - Xhen Xhen Ofis ee a ee ~ Cars eons -Gas Ofis mgt TE Bese, Eu Preter Preter 3D, * M. M. 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SEIS: Soe 047 047 047 ta atog fae DHAWANNE vale DHAWNEie 4 ie rs i DHAWANNE xe. * a WY, a BOGIETYBOGIETY OF OF NEWNEW YORK YORK YORK YORKYORK INDIND * Ninth All Obia Safety Congres ; Deshler Wallick Hotel Columbas Obis May 14 12 12 1938 Panzer Cable New York Machine C Syncus Safway Steel Scaffold of Obia Fastor O a C. , Deton Ca. Decroit Mich The incall SaterySatery Produce Co. C land Obiz The Industrial Commision of Ohia Diveim of Salezy and Hypote = Saimy Engine Magne Division sired sired 1 B Co. Lo New York XX XX Chicago Eye Shield C. Cies HE The Go L Will Co. Claycard Chia LE LE Caste Co. Pigh Pa Aes Safey Prodes Co. Alam Of Safe Fine Apple Apple Follision Mass Fe, Ami Opel Ch, Cleveland, Obia Bugs Wells & Co ie. Nex York E , MaryL Marga Co. Columbus Olda Peleeeay Safety Equipal Corp Brooklyn H. Z Davis By Co. DarylOL New York M. - Mell Exec Akron Ohio Bnptbiaun Sn Cen are Elen mat em sy amare W. . PC PC Columbus Ohio The F. Murdnet Cs Akran Okie Chizzes , OL Base Mfg Co. 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QB QB ********* ********* ********* Oe eb R CRN LEE Sy Renee HER EE Rae AS ON eet Ee Will OE th i mee a8 PASTEXTIOweare EXASDS AND YES PASTEXTIOweare PASTEXTIOweare re Defox O ccco. 8 & E Reford Persound Vage Basic Defox Im Meyle Gorz . , ie ek) = coed Fey~es wenet, ama mae, * a weiss EES Paria Wills C Jeans Salery Fogieen, Cooter Jacana ace * =o . ee Ir " baad Secess Te OR OL) . et te to enna Sms wer y drrermrtenatentagaamnnnnnscanet Gt TS aioe -~ Dart, ee oe iamtate all . . Roko Roko Home Services yee om Roko =. feb huamenmadanacd =, Slag . eskenerrser Deestenne . BS no Oe e OO Home Services Andienn ~ or Facards. * : PETROLEUM + eee oo me . oy * .... ' eee ws FR FR ctx Van Of Co. Desta .... HF imm ^ NPs Pizza Of Co. Fe O. : : Sam $l . _ |x . - Ya : Fsiw . OhiOhiss Leds _ 2 sa pone wa ae ced * . a ewe = a= , i wy, * 6 fe i & INSALATION OF DUST AND CONTROL OF DUST SAZENS Safety Engineer Portland Canoss Action Chicago IL Mr. Chimes gerdes be emptionem emptionem fariza fariza tudied Confanten spit as in the quation of emptionem uz silicoxis siderocks the and after with an morality insturs vistes of high deduzimadt eduzimatkespate outside the researm bomary emptionem emptionem emptionem sa sa conic Enally thous indisay sedemen at dinais is contin high dames m zd a lent trail of ser The term " on is afterbe be bebe be of the logs realen in der am reap reapll y rey aply ^/styzeg Ie logs caly bistory of lung dit dit was thought to reaply reaply see see me di rsoemcesovaarnd this dira was poffet to the ds Modern Modern Modern Modern most dira are bless | The ds personests thatform boold pprreesstt ccaallyy m as y fofr oserninagtedduhypdreillre ohydhrialslebahydrlilled hydrille hydrille hydrille hydrille Dr. L. L. hydrile boold Gric refertig quas yang yangyang yang lax in die si are za mare we tad te age m the ples of the bata Ay 14 z kita eae ! coe Read Pri hie 8 , ae oxdies re ue ae bet coasts * execs te wf feee ohh commend ee 3 3 Sa chews o ' Sa lex sere lex sere ae ee rate and by ws I prese Criffa et, vez sa and les les les prese prese develpas develpas leg les de me mettet mettet af oo Ordy two laws laws mettet ee dheescaoldyth Conte descody Conte Conte ate ate scoping scoping free : . " seats LE ES eesste nt back nee ea ee fly eee threes Pies eld Pencil! Bein, i Te trae Hager feegead gate ober accent the sete a is Biota 83 833 3 Steaes Bea ECR 94 Sieg a4 eS Other gave iz oye Bedale type b he weed combinet them off can eet, Other gave gave gave her a them them off off can t kt ae, .New York Sag se bulocal combinet defale at faire 12m bas be ...s e e for the combinet gari be begi begi 102 102 Dhusor b r fairei bae s S of , * soamey > Inintention le ported from a from a God ( ( q is endine goods Friabrift ported a& a Be ( a Tos ville poe Friabrift Friabrift - m | Stey ceeda of this vi + . tt Sng! Prtalorcee Eetee rss Kew Shree we decom soem set by ze st The set eectty dees Be Compray at to wes OF ay tureme ts Sn Ens 2 eeeeque eed Ea-tied apa aniieer eon Setteeeey he tice: Bher bebe ee Heke trent Ee rex * ,,' setteor eee hs Sitios dive be was RM coerce Digit MeeWT DH 1. Fre silicon Goods cally quo a parul ks than 10 acres in free diagKS A pla cmcemdon, 1. Long proof of expans a eee sy srpneret beslista beslista A apbode shetd te gresset fo Fire Fire sit- n dioxide less than 10 pics fe gresset Cares This mas candy what is pics awsesnet salelosy ezboradors 6 & = en pee Ries, cee eyes Bea liste reacts ^/lskre awal site giam of liste ah stecinesdonre and peers the nored grace by desmal bikes of reporting an analys i tees of che vide of the coupes coupes ziple treed reported sales at Fordand awal ziple of beat pepr ery py ery pery all of expone concavely arenes * free free thought thought aapparently the most dress 25 bly the mos named form and aba various orphans forms of export export sufit sufit sufit pe te leddatyemdeayrFueitinag bda eprc odam the sim razia ^ to list be bay me krem to LBe Fuiting diase of test piccene is w of imple Prese Prese tha ths de ont red the longs Fumore the gems of Prese the the the ee teal will = rady with the update update A generalis comitation of state * Saranac Laboy as as p a L. Gas be's Gabe's fired , 10 et et 30 SRS? Dr. wy Game . Dr. Game Game fat prideant strictly pridedant to the fath fath explain explain os east doa ses the ee fat pridedant pridedant pridedant pridedant pridedant explain that e dizione as to the bound free in a day pridedant ex te lased af e dostalysts dostalysts dostalysts dostalysts of this pin in Ody find find of the lased lased the to logo logo of the spots will find find find find find solit^' 4 . ** ** Pers **** on ** a uF 3 fae I a : 4 f Xn - , +o Re bye a % 4 a s%H, RKeS ' e oy rat Ey = re a ba sk Ea x ig. a oo 2% OBS Be sf Ae : Pam 29 tnwtetnte Seeed orcept8 * We Nyt Niemreus e Ei ~ orcept ' orcept EP . Us pane 3 me The pray did how pray pray The C particular fadsy fadsy pray pray pray pray pray pray pray pray particular fadsy is tot ot 8 fat ef <7 lk - a3 re SB Tt Bag Ey t +BY Py mary of waste waste waste waste bawa about probierpalle probierpale probierpale probierpalle probierpalle hen lars The Amic Doelies : bawaMicke soa Memthegin! Binphiew: fe Pobrmary, : 1237, Kw ait - etmSeOPs Heheae eMERA[ps el | el t _" "e In mining buss i wel he candynakata nakata EY Ahr pare heise Big right are free endre low die with the Hip of the peoper gaminal ante endre sandards you Sure RS ane ~ die right die fond fond fond fond fond a fond it-- ish + -? 2 & re BZ BeMW The Nadal Safety Cortezes at embished as as of tre million partile pe chs fort safe partile sey safe at is company the eve of hier Ta standard b #fe to podfic is one the are reload by die die The Natal Seals cae non ab T i ar. ak * q me me, Fetiat heeuvienodn os rn mek raphy o . ex poss cas ~ * Bow ~ 4 : vi, woatt, Meronce Parenahve * she Banoe, 7 a Ukod nt at ihe sible to elus they they skcde der so which we may be prozal and ceive replay and The report then was fint bowledge of ee oe con la osmemey fabblefic fabblefic fabblefic antenade of spberic drets ka 1. The telaties brabran nd td he of the frez sic ad the qe k ans, nese pended at beating levels in the dice para of the focaflocal exasphere een firme scally 2. The prapardes of the wetkami spez in the wean dee * Fine 2. The salaries of exporere At salaries salaries of old pla by y pays wpm wa Through a kedys of these the Essay Essay prevered co same with t wee any and i has and who prevered prevered prevered prevered for the past Liberatory ye ter the frof frof Dr. Larry B. Goode of the for Liberatory for de hoindtan Sandy of Tuberoak the szerfing today has b4 mb & in crim de ing de held of la wakes szerfing today the plus fabel fabel form at^' at^' oe mat in this paper of the elem form form form form at^'be be s based on the fathe fathe fathe semi, Om of the safes safes rodent of the most most be cee 3 ti om moderate prope of the mel des Appealy a win ise ise vihaber vihaber H mess 32 the ethe sales sales process process to be the cites of the by of exirede bye bye bye bye bye pen pen process be reens the a trx of exired exired exired exired . pen memsorer Efe Better ty remome the the the thesuper fa 0digaiiz ma Hor oy te he Peetiend profis profis profis profis profis the Day Day the the os ie 10 profis profis profis profis profis profis profis freed the Day nd the esheets. 4 of tres math math math presses at based based be sx to good bo Dixit Dixit pasially savings rus with a dames to good bo dexee aza tuple hook ederer rus rus brassblog & tit borined of 100 nais pas per ce foot of alc ix che brassblog fox of the borined of 100 cotfsny Ince of cart ce foot eter tae, The third the the the derdepent of stof stof stof stof exe Td dare wal peresabres peresabres peresabres be the decry abaret Fix Fix widen the s beeen eee dare wal toe orf gem tole be UY aeeoelly teed widen widen widen the s ioe fon arroeg io +s 3 Tomi BoersS 100 gereede ho fe & bs The appliedce6 izeziizezi sady of coper Siss Siss Siss by he BL BL SS cee gio. Ex long fat fat be epivest EE wal protive m by pemost wah tke af poole wah s demily res ons Ize reseple the k stbwtaings, and se The teclosenesy wt caGv e e gomr ete] s cree stesEe tients, mamwagiiet thine prencettel' dead of ax pc See BT ae ' oy wets * an Devendeid Coment of Incore Dose step to parties eomesaieey SE eee ae ET ~ AG BRE FOGES Nee rex, feel by the bar of his Dose pla partiey s ba s the eroangensts tyebeegtenlsy Ee podue be elec fork whetd op of the voiding they tes tear the wef of thee Gd FO exapeegetse prodat prodat Gridded by the zomber of working on the the the off off erm .: SE eS SR For euple a ex may spa~ ma boy x day beds beds of 200 ~~ lion parice per Cafe ( dans kess is cacatus of 10 mill side - one and fraycrest fraycrest site site site of 40 mila prodes and I miss mil paris ow is a 400 - 6 De ~~ kan o kan veld ae ~ be ald ald . ; * . Donality er Donality eeenemn feat eae fa .. Eee = * sion, = tom eR ESE ESI ' Saat el ke Sait ott s Par terte te OR GWE Dee. o Feaee MOQ 07 ORQQ QR - * S al org a dt . - oo: SBE Revnaing i ak ane Btesey fret Perce beur gtrTF Esi aye ne k 4 4 z ined 403 30 bit ee Total Sousa . 200 - i parade koor suflions Hett * parade ti per Sb 3 ~wes 188 edtNics perelee ser Czza sat t 4 - &S day eipestere BATT wh iawom PAERieeMS Deprte e * om ie eee ve.y me teape ty aeorig tam Re 6 ' 6 The applistice of this fafara r fara pra ical problemis op It you E Irama Irama sady of commotion and seat seat seat in oo or tres me & your pa Smeh da die die lines you will ask a caps of the cere by the P. Smeh Smeh si med dra that poise vihes egloyes expanare is the erenenrt, Esw long doet doet als loss to today The saxe worked ^' a quor S ead b areth BEANEpi GE OME eee ga 2 fenpe * be equivard Yes depants in the pysical comition of the worked A amusia ds pet reply passes to be blamed pysical that desi ast radily amusia by ds mal peoray peoray peoray Also a are holy base a my wi nor! esel and teers pass Also a mos quidy quidy base became became by steals a tabakmaay derday a teete quidy We are probably all be there there there of th 7derday Hie he ia with We a probably probably once there there ie a differ ehh wale legs. The tomy ect deally spre sherides of the ery differ to the accion se 3 sey GE sherrides sherrides sherrides sherrides are that am belly to he is scivity scivity of Jung ble de lei in belly belly belly belly is the scivity These These the the my very bar at be & the wise sigafes These of sihet in by los my te zzi y naiz worst savings savings nomic symptoms cre after being Fredy alyaf alyaf alyaf alyaf savings bang male male prac et heals in a sili z 1 hall peking bang RE ?iEs teen He 47 ELAS,e4at Bate 3 Bae Rh atRY ae) we = * Replay BARS,Ta < key3 Sith a2 pu aap thows signs signs mods jeepea the Meals Se of thts mer les ar pasized the fort fort ^'smmii enge from six six six Seecksxt all babe babe Ihm of ere eee deo g asked asked by oculosis wrally Esa retry Life stupid dati seldes pr^'cagepr^'cagea enredar enredar enredar fals No wother stupid b sit tee deprned of zz cypersky to enredar enredar enredar enredar enredar enredar fals forth pomed ES ray Ny enredar bby bbybby bby pomed cogie rely the solecion the proble w eerofof war are ' aaeeniond podemly cabin py sil el proprtion proportion piss proble PS p EAR tm b fel en of sil proportion is at of inex doe 6 re, Try me BY: 1700 plays - " - nox eeativie: tre pis esltse odas Jedi mr de cy caane ay Pacessed eeeeaieh 4 ph di mpb^t'e:neyf,ifeersgakie2,aiesa ,af tl heJeCe tooffisoirseSAS TTA The adity woes of mills as as stay as the 7 The ae kee backs of QUT pc 1000 db te 1967 fe db 95 of the Nadal Borality Asprinde at 0.57 pc 1000 db db db db by du: Nadal Tetex Close Be Asprinde sempre sempre sempre in 30 Semel ot) . * of persion fre aim is the desk 3 gropacca of vertien use x employed i in the dusty stress 4 Godian of Caployes med 3 condiurn of employe's longs capes respirang ni a . debal any as it is realy debal eax Exscue silisis silisis will dessin iy les man capt to the Dr. seye yen the proate of useless Gato says at for silicons daycles in ive jen the expone at be fuese The Nandal Scots Canfears seoorn, to vive vive e previously wuh adarable sienas There were were of Jew se referred by dhe si disse AT Wan JOR peted as one and mes initials on us ves expared in ea the initials conteuranan 1022 The pores Eyedics Eyedics ut Os a * some part part text text test pores in low case of limy somes somes for toy your before the condities condities 10 the limy * ex be alle se in se state wher se soubly the Se ned kinne so $3 or you would are at may dianfiby would be so Amaz sajomy of the ass led least ure yan erasure This of will be Amaz sajomy sajomy batery batery aus YoIn the preet of Misis howeve the pin aay be diff the ang baborate baborate baborate baorate baborate the two pin of this pedid pedid pedid bbyodswaolfe moez the discussion of me problem is to luissely found e with the be of satria Tarea Tarea however so cop holl d bee natis onal die of precation which for the It might be worth side in the cas de mig mig mig dat aw. ^ll deaths dis indeaths ccasioned deaths deaths deaths deaths deaths after and and blade The sounds butbut Unit Sa Palle Ball Serria's and exposto exposto apeare socotally be it is the ding ding red in CwhiitthalitStemples Stemples Stemples of abs abs bave it be skews to be in Afar de de abs bens bestfized and the impares tefique has shown artne for prindie is on the bicory of the col lige But don't be at 5 for field certs the temple of the er ben de ge cums Toe dtoarhavfeiealdnyofofffereedreofdferedvoeffrereed vofefrereedalalrgaerbgey ffiieledldfielodf mpoopidde apply cums Toe to the eee of a sig bem at light light 5 field room This The resisuf lt it result be adde Similarly Similarly Similarly as Similarly as by alisemine alisemine maples and maple by the adde adde sa soon as dex con saper installed the gaming a adde atteAntion possible be the top saper x the bang gascal page of dis of diferent at is sale sale saleshe phas a bang therabovec therabovec therabovec types a coral ting et RS ee yt 07 oe to . balans it racks the west ~ wise wise wise wise be milling posses geste, Ene pos insquangveie poss ses quangvei quangvei me somites eve ne ee d in to quanquanggvei vquaengviei quangvei Uline arenat e whee ia, dick down to safe linis Sammen more SF Sian s: ~ or waily waxa waxa k de dess taps sre ttt egtc + * 7. once atdeincet Some peste ploye should peste peste peste to Cal ae the isos, appro nee nee ep ke SRR be mined to pes repiten for raaks of apprneoe AGn g ST btyhea tnheereode the aging pha The fest fest for ed lesz^-os az be de ee e aging -- zoms etn ~ ry WOR, The impo. rter & 5 pool tou zoms Se oe srosrtp- mien, Mek a 2 gee tndoay hh of Adm Adm Adm progress The r SIDE 10 ospas Yelel to s does not eat is the c La toy pe oq problem We a Se NO stlicoves see We have gone art art be pre iL Useoetiee = 2elcy ues, * Sufided in SCHERIOS tet ot i Bicara is g an apprecially bigde c ot oecomes,ty jerer 1. E 17 - Patan of afi of &Fig tndeeers af eten on dds Sige, 5 the working ex as long ce he b feners Kaf Kaf ao It should be c cols Burd the ok us who are feeorened, De A BL. d Asids af Onceriy tee sary ap to the ey Cines is sport deniny to the ngine aie ZiEee ngine Zi by tee tke emcee uw ( Ap^nseAp^nse Ap^nse Ap^nse-- LO - i. eamsase Prey ax * 53 yes please placplac Dz Op M ying to att & ak Mno 3377 GO 10.04 10.04 MASMAS ze fe Hes i ente be Rpermnans mat t Ha inter ks Lae pence svidels svidels 1 1 pare li omy Age were at ass adid ait > 4 al ow stances Ae my GZYST GZYST tmrenaybpig iy danger ' t ted ~ &Rn sy fat me ad hae eRe Nae ' delle ~ rr if the drar utance cin be disunted by ant pake and taortuga deng deng prog The advantages at obnos Tas pls water water being being sad in sudlacz St sont des des redsed Medical cartof& qually spot Toy only rare way to lobor Sze a bird does not as is the ceful aberrans of the weffen orc a panod of raas Pree explayma exormations ate, of me she anys for prape sheet of wylicza 24 In this paper we have presors od robles We have first of be: alles fenues of a sufisata lises Its sae b Poe | ne IRCON We have potrai that there be the cur of Beasls tares best be present a proder tay diese seg olf fably L Uned slew instal install pale siva siva the mom danger is grab- soly gra * Sandadys Sandadys Sandadys of die desto desto be brons This con- tion 1 ez - fics sulles parasa liga fed cocal at ger lex tag ve micas in grata szex it the most most a bigk perezze of the MAY Sielies to the comes indura lave devoted the a may as apprefbly biztos biztos at yard - k plote von bed bed a day or fades fades intern with the si 3. Expomme by the explayed a = my long print to be c ths at all of the oemersery f 12e inibe of s Sefons Sefons ateredocs fe arene, wGerce ines ches ove my en va its disease Sefons iin titan etpeiise hee l Eyfpyee Rege melly ren Sefons adequaty titan titan from the comp work If the skies skies in adequaty dice & det det et be dated work u long as he la tres from inieri and is capable of doing his jo MeMleoloddss real of comml of of ftihte da istoposienttuorfisotripginlcraosys mimigoopdoppbieuoyrit na g md the use of respicizery proteive messen messen pemierent af in from the asp2,l nen e blt e It should be bined the concol epily arteris cord of the psis bammri if the phase of the problems in of pere inappraise inapraise inappraise of as who are tend tend to dissocial dissocial needs si matm he Ga asz Dr. A. EL Riddell of the Ontario Degeraat Falls where sees the gold feldosf Oparia bax was for hired hired hired hir sees ae s prd oble sarayin ttohtheethItepretrheezsimis hired thesis # i poca poca al pprroblezobpleziz preseslion 2 ddergaensi s a proble a EE EOE aa i be as OE. fe 3 wat ei a: E ES - ES . LK Be jer 33 33 ROE y was r. was was was Ye eke! rae ts *r cae ve * LE ie qed nar ey =r: = = . ne aed dig the ee se sya ee mae * anes om an * ree a toel aitpletas sale over thaes anyone Wi, yeee eae, we as tay quietquiet quiet quiet Y foment E E Obz she, henge coe US Eg quiet quiet quiet Y oe a add may be Jess any Kalal Dirzzz Choanvenista Dr. , Ir^'al world lift I don't the I bave soyane ask Ms. dat they may lally do the | yar4&8 -~ a Proven yA: = 12 Pe ew R yg RR say sheching say sheechingsheeching a SeHedcieel se, . oes ae hk Letia AQAA 11 " ' a VZ JAYER As I emersed it where tapeta tapeta stert has b the gyms tapeta of tapeta land land descoped as gyms Ideand land se t aberats isa't qui se soe ty sillessis be ot the same that 12 ben fondy dan u be a programe diese base base of memes memes and tee & the caly case case is qui a t b e memes and and 7) bas be coblished as bear hand Its eee ape uy caly ] Rushford ma * XxXyli XxXyli XxXyli sme se pericly it so lehr karmful . ote to any people MZ JAR I a spr "agi ree I believe Do you cae ta5g ^'siv=aA & Dr. J discut discut any furde or t W : bald& ok& Ser Ob the I of Ds O Na t b the main it karst karst a at safford safford Eng bend mek soo RF CASA W Any tener, picked ay * *** will die hare my gesgestift gestifigef stif gestif mee ong go on om the Anya led led led led led m^lsscam of ar ant pelese ma ba glareasf *** Academy Academy Anya hee gig is open the majes law law beformal mand able Seema eros heaps fonsmeot frie *** Gems? Me Arts do you hare saying orp ax tskt me o mabn y dd a aes Ma ADA I don't think sa ^'s Ghe daed,a 4 CEADSUN WIT Well of come se bave bez riiking all dong b xboe ax bia worife3 H repara things be the loading of Eyemine braxepende und so task tres tres p paa bo the % P repara sets out by the nobl Comisios ( drats drats the esjes e a Folder Folder Folder as the fade fade fade qanis ge for the find drats fra of des mic wie are Ruble Usa est ad qanis taste taste to standing standing at all talk and he's mes in almost every indy , wes thef thef at all tool wa ~~ beer E erentflleee2 ke Peneaminn the cass of probably should wes give shankb^ my b^' ' ktee ke Dr. Ob probably you ett give us sants of the Set} ergeed co the Gy eg tudhat Ste <P of DO DO Ian say a mate Yes seme sex sex sex sex sex ches p Nanton and quzi Jee r a abt the wing Ian was alle a mate Yes Azure hom any cmp p Athi ax 2 lex cys = creler x trs iede= a 10. Reason I nie sy thee fo bd saw theme theme theme of te kem^' gu sted as ll gus af stestd ed } 4 :. that I had had them taals spel my in 2 evenated . We are bad kem^' ja albbs at small taals spel in the quades quades quades kan are m : be to presc presc by mal kapet and rep^nla mer sanks by the spice mani Petp f rd ae eeeeaemer hee eens Pe panied - came Fare et ae in weet es te eo trackle these you ory divinga cer bar wi to f bee painting painting syihbe, yor have some thee 1 thick stage elels s els els painting paxest read lorpacis i left epsw,here a for no wonder = fig fighty fh ightyt figy hty wonder if me pee at : * con _testhe where where where se than see e wonder in the nextof _testhe _testhe _testhe NAR elton _testhe _testhe rest of the poste bare the same Hing t man ee elton 7~ sal = ro paxest elton elton eltonof the salCommission minic minic at Safey and Enge Enge " Every Every Every Every Every Every be mine be thebe Enge Every Every Every Every Every Every be eed mine hry They a i pick so 2 ples of caps caps of in the gas ding to lose be i a % i ye and the prope voix of reale that is the proper hied of prode mosely |- > =~ ; tot > sia <2 bess shre she ee pie gh et ~ + oA, poe nity Be a the bodred per caps caps caps caps of the Typestica that they are bad res wwww ~ ate, Ms. t LoW rT o 4 otis f k re abo te. Jeon .* 4 Pee al's the Ak Cal Crapy we in Gear Cory Now hand took bere are quite a punk af bjme come from band tools and I goose go to bar Ye Rucherford get the proper imperia of wcis, | han goose goose fees plazas and with Rucherford and wel ere the lammes his bare is lose on the bal u would et : I be sen the box by dizin dir zam bey ever ever bal iris x mil with ' have hand it more safe som key we drier a on and oid it Grek hand the omnes ee RS Uitte il conseguwiars nored tools I think one the b Fosu on Four rie Fouri ie is e tot tot tot aur and tools are bispeed The sama ere ban son son in the wise filslt frest picked on by a my my my my mind as by I a the be sad es ake his glares of chores his piores he pet the slim slim slim slim bu momb res know vis kappazi bi za vas md = the be be had a stat stat hawed frs I sume u ma je bi trends trends trends trends trends jaz de way moved his date of e vimeve it was sn^te lex vendes i ez in dies the man was left to for the votes fan base of a fem that com, anhid anhid apps to be of the ance with the sad steel bar So II the bels were pet fo the grapes place kot la the fight ddon propadle Led I d you would elizate mony ime Stands Stands Stands camally wasaldetabe wasaldetabe the eye trouble His His a properes bit pe ct of in d take there should be and and mizzzer of the properes properes et go CW flm Iz Ma site Labs Gryfs were denied me DB pet naw ey recningt hee te pe ' Mey Pa ner ng mye roeypinteh i REE a a183 pTY at dye RUAwae Ht oy Recent TON ep PER ty ~ NT oe ey se * om wyest ee EP pe Up vee re ty > be i 22 part Stadard Co. Wandville a, WWxx WWxx Use ^ Since Chi We bre fed eorite, WWxx WWxx fe Stadard Use bat bat bat Co. aber es Teen 44 stick Pan was a los gre za za dier ae endually strap strap strap strap wat geds and of course te bied za za dier dier than endual y fox and we found at geds the pro- course tagande tagande tagande Gist & need it be so feally at tage tage kd af l yey I die die die that that that chat we me and ting cee oe work out yey strissey Some of these roggles are fast ordinary large pairs of don't glene with a sister gesi gesi i visse hyan hyan sing if if and I don't think we are but my ble et aybay ging Ese in to ge van d ver the of ex they vertaalt to a good of dead were the w d Mostagals Mostagals Mostagals by by by ve kaya and are are have Ererrhotlhye u ve goods the spak at at a hid hid paaz I have of to pe the ca. I bara a pot to it are that pieces slibeth were were las of places where tre at a post post post post post post post post or one Lac Sey +7 3 ah when they from y bad 8 they rd . genats from from from everybody they sock loud tries _ off tries tries leas they sock loud fully Gsfrom deft deft We lead swyswy swy swy ic .. artis ros nis swy w ic eee they _ We fully gre deft deft deft dedf eft ..t .. of tte swy vay tizly now they RY y dalRxea " " " " "fi " " fare to sexy sexy good shoes on the cares. They They They wGd beexam such dreams.We respirators along we don't use them so many many more We d disidis s : dif ered re a our dreams.We dreams.We dreams.We dreams.We dreams.We dreams.We don't say.m re a tenired po coer free of dee b we are a whollee differed differed differed d Me Cars Jeet eeteeetion, You mest abi owmta he pada in bear wn! mple if they tare p^'zi^npas protesico f^ sf^ s izle bb^'^'12 te sidserf * the ind.fr v pee 2 OE rr ral dala z ps Fhe womwEYee y shpje yee het shpje*sare shpje ttl shpje caen shpje$3 zal shpje ony fc - \ 40 Xx Wax The wire gas: all rigat we bez They ver then made the helma and the rats who was them i they { are not cach proteica for dust I wouldn't retlhyeoynusdeetshem for capping only \ Mr. Lows They don't prone rass the with 30. 7 Ma rest rest j dispused Mr. Waz Net where you have Lovs Tant quero vas Waza The rest : faz ie to a cat cat line plaat by a roads lemn the other tee shy Saban sander pede med to br sander * burmay pepties and s pate ha weifing bel sander not going to stop out ates pate for pp he was * is put out out cype on out them out waiwt ait is ja lis 5 we R * oparriogfignlass does and the musere beapons beapons beapons by by these chip gorria glass be a i and you righ witwohr ing the wire fad it ve xv and helpful celledet das suise soming Br Cars Compay Mr. Cmsrencos, Spochwester our pop it & spa spa mi we Was Was x fig tste gw celledet suise so op Ms. Laws Tex protect spate spate vind ded Mr. Care : Ob yes ' dat They are opes retasies the the bera ba the bile L : cy and grey grey me They fair retasies tend the sett sett dra bbrreenngg agsrteagye agrceoyupsleetofiyetas sreiedssi ebyleowbing jairnadtiece yraedirce fsaireedttatWeWevveerr ten gaggle of For the the year ed a balloon balloon pracially uning don't think ed balloon z balloon bat yat & peter peter peter peter thing is the eye . - MAL MAL And te puth puth me a goggle & MAL ; and the s mpm fort be case fo ge Ceiceow Wey #hor junes$ II m for next yest Vez Vez Tampon Mr. Ey VR DE 7 CARKAN WE da in vier st Coco eyer eyer signif oy < Cesverass Wire fa test yan & Er Er Be preset dee Sache ons fer as baper Show View ComeyF Ate Blames Fohy Cmca Wes tans fat Vice Chote TherempereSie, ce 3W = Modon secadad Czasy Wrad Wrad Sete mek, And I 2 East eg axis Seder bat are bad to Chcreme da It then in the ta se it that they chalmaly sedel bellows dit the w go : that are be are mode tham tibbles tibles all pass stere strecom woolish be posld make s seyges bins of Sade Sade z^ ee som Peevides, : the Inffical Inf ical Cos iegece seat tf ypoce erie qecmpaien of che So 2"% 0 ng La La La fee fee fee routier al Righy Seaton a oy one heen femrteed pee pee bee pads pipe pipe al by pus the bla anpne oman TSS ages. the eae beck, bee 38 bee bee The ~ be best pipe a pus of the The Bez he pipe eomeaeos . moring be best best best i the the The best best best best Play Play Play We not best best are pezzo All rig aes Tag pezzo it is up you walked rig rig Who are you going to spe the You med of . At wshy padspads pipe best ) o ms best ee PT ye by cane mene = SL = ver tony my Box m _ Art Art at at rig on to the gas to po dosa the elele, thy en _ pata The gas are ae poies to be epad - ~ You talasele talasele talasele be real real malt~o-namalYo~u-rngaasnadyagasnadyapoadgerres bagsseotn eppiandt are going to be real mal~-namal~-na If you trat mi mi eumgs peate _ you.'t you.'t you.'t you.'t fel ey une * ~ : you.'t - ge whee ~ * . e_ heen sey =i - Ey 2 % eee Spl ow = peor vd tf Cathe Boe auas ont ee oe % etna otra = es . aie: ae Rigorerticn F s . alone ; me them ping now only they plant the mae day . & teed ig Liye pping he was just a just like HOT geezer we mo - axiste . : } | y I A at an problem have got judgment enough to work for the Aron Coal Company and we nest morning tea tea tea and all the Company They w kons fost Ke car So sotmstries its its diapline to ghalndlse twheere out of the office bes Cahaya Wize Azy estz concen on this or or laumas laumas laumas I I Il est call for will call will will probles at small toats and danman for saless for danman for the for the cons for next year We have for cozines i alt ( cons time mig i el rep rep und 2 test yant a same- espadas Therespon Mr. Rushford espadas espad dai s ss d cee : aes close braises MC MC move braises Wored Cepek Wored Wored Wored Wored Wored Wored by Mr. Coras wor de cles In fx of tase for all those to Gyver of Mr. de cation is next your ripify by sy AE Ratherford for carey oy erici 4 j st We wax think or VEREISE VEREISE I sem 1 Ware WE WY before I decide in some in in CL WY It all open for contra De bar any seein. it Follo c of having thee ad pm a har some- 3 t tt Mr Wars I move the nachden te det det det Comet bed bed Modes genomnetinaechdden CZADYe Wra Ye Corda da Vie Gimi Gimi i com my radade Vr Ye will I faxes who and and and we com katy pr ae it it me the " " """"" " id get them ; beaan y t + Se gor it _ SS et Semmege Mr. Lora : I wweelldd iqsuiz a mmeembmebremrembeorfofggrraadesdemsenrepiortednOgffbsefboerfoerethoevenrewsehdanyoa lseddanytaheberc e gracies to my reported Its Its Its denal day at wCaeriipnagssioblfy Sceayt nd Srpies is bound to bed and tedat is enct way that list Free Free Free Free tonic tonic I sold sure enct you that yr oe urnFtree Free Free Free Prok you a sold at the you from Free Free Free 12. and if you wit 4 mean mean mean mean myth myth qeurpnes of the Sixiz of Obix . to remain remain remain remain mise mise it pots Terre today Free : eS BeOeSSEERbeets. today z thee 2Gort Free Free Pee No= dd gos FurbeFurzbez Furbez 2 26 6soSe s |. we . with thee All hayhay mid mid : of the 20x mine fest yo . Sadad woke " wet tee . | ae + aad bead - * 2 Ms. ee ee in as per har hom the Dark yes love would be Ms. it Lost it . the Indicated Com and love to me the lets work empt spa the leas its salda's har to do the We + far Waxes Ms. We have is is far ee: ff rro omm a toll we ddon'ton't see hert ot! the not tx not bees bees are e dt dt we mit dag des beze 1 re oo . _ 7 2 &fi ato, anybody anybody anybody to come ~ Te, * : tm ATG xe N ae 3 ae 1, ve Lasehe Riguou Wee at Xe Pe ns! a Teste) oy een Cede + 6 - Fy a ad Net eameng, + = pies ae es: Bae = c ire es SE - ~ pie eens mae de 23 ey 1 > f$ _ De Ee 79 he fe pe rl { a - = Sp ofar monnd ES ;i thas. aPeRs if me fe ah? f 7 s ved 3 et t : BANE US faras A tk fact ar . od Oa EE E 44 * 42 s * B * * +a CW CW f agit esplaea ox oy ek the Naal Lize Co ng down the mes toned toned and cus toned down as Chanan it is well is progress toway in cus cus med Sl morning tse was a stay there and many of ven arding the men and rayel dom het for the acting this moraus t cats u a casapp casap here That's was reson why the art sa city of the the Cha Cha Tee Pessiexs st the d'eft ^ Xs Leaves On you ef po ti e Alpiz pong, Dewar, Bim, prescsye drop them frases irretentiretent Cupane Mey Canys Wor I dal box I thon |; fea other bustest the is adjo meny te odid odid I raz aly way ples Markenny problem Selor de 2 Serer Gexber & eotetimuisiz,y fois the store izy log pass to be em ors ea dint paint Iz Iz Iz " press sapr logyto ome own spsa cenecafe tis Low whez W222 W222 pead of prese br ch Yoee a wrs ety 4 paye comm, ves with the efficiwhitas you beor plta he t naz pp secs: fa syare only the fa et dows of dows of S plays bas Investigaci ber Investigaci3 poreereny for Be men ond ~ ths little angs Seleya,ngs angs we ra ad do for the mackie: wa . -~ nom etal " eS ~ ~ s 200 . Se se CL Ate e OF rR te Steetheres . - Ee since, rr ee reee oe eee is as we we Bus Ad 2 pa ts ikea, LVA ' -**' * *** CERTIFICATE OF AUTHENTICITY I certify that these photocopies pages title page pages 4 through 7 page 10 page 19 and pages 432 through 442 are true and accurate productions of records generated by or received by the Ohio Bureau of Workers Compensation Division of Safety and Hygiene agencies of the State of Ohio Melissa Hatfield Melissa Hatfield Library Administrator Ohio Bureau of Workers Compensation _ Division of Safety and Hygiene March 2008 Date OTARIAL Kay SEAL E. Godman Kay Kay GOODMAN 2 NOTARY PUBLIC STATE OF OHIO F MtyCommission Expires06-28-2010 Sworn ttoo me this282th8t2h8tdhay of of March March March 2008 2008 Sworn CountyState ofOhio in FranklinFranklin State Ohio . ot | PROCEEDINGS | = All Ohio Safety Congress F " mm Held Under the Auspices of } THE INDUSTRIAL COMMISSION OF OHIO and the direct management of THE DIVISION OF SAFETY AND HYGIENE Published under the authority of * sae The Industrial Commission of Ohio is al Columbus Ohio Rew April 16-17-18 ae Ie, i 1940 ei a p po 2 ss eeee e _ a nati interEyeemmerY wE i! S ae EEE BANNER PRE tus. ry PRE an SEND EEE wie bet Sf oy ~ soe ., cer et a aac ae . 9 2 - x 2 oe ow eee eee on ee ON ewe oe FO _ = didpCe iem, 4 ry Somecmeae aiickenes he nae ee owen we me * ar, tee ~ ome 7" SO oe ee mg Se wm - Sl a - loam a me oeie a a wee ee eT ~ wea ay mF ebtinevda. nat 4: et ee = ee Cie a) a oot ie ema weep deT l eee * *e am og = Ce had 468 <= - 7 . mn a eek ad jm woetetiy ~~ wen get w ve e = a - ON oe ene egy, oa . oe * . Program Carl Chairman L. Smith Managing Director Cleveland Safety Council Exhibits ; Chairman Buell Ohio : W. Nett President Safety Equipmmt Service Company Cleveland Chairman H. G. Ehret Safety Director Division of Factory and Building Inspection Department of Industrial Relations of Ohio Publicity Chairman Harry M. Paal Supervisor of Printing and Publications Division of Safety and Eygiene Industrial Commission of Ohio Reception Chairman Harry L. Sais Assistant Superintendent Division of Safety and Hygiene Industrial Commission of Ohio Registration Chairman C. C. Beaser Statistician Division of Safety and Hygiene Industrial Commission of Ohio BUREAU OF INFORMATION ON SAFETY COMPENSATION AND CLAIMS BAFETY Chairess George P. Maskas Mechanical Engineer of Staftf he Division of Safety and Hygieofntehe Indaial Commission of Okis C. G. Barth H. Heyes eee sce e cece ss eee shee ecere serene etensere cn Safety ccc eee net csc weseercarssrecr + seeces. Safety Engineer Enginear MackinFennessy Safety Carinees Mackin IUD a Kelly evneswees ** rere t tes. ree age tet ot Pet ba d . ae ws F. $ ** ..Safety Engineer ScaSn cal nlo onn 0..0< # en nen tens metat L. M. MF.erritt0.0... occ cece eee aee ee bevewettaeeenbas ..Safety ..Safety Engineer W. M. Merrow 060... ee cee eee been ctaenecetwe caren) .Structural Engineer George P.P. Meskan ... ... eee 2 Gb eenr at ste . evatr eee veteeexze Mechania cal Engineer Lewk Mining Engioves Lewis ott D. M. Ryan oe ee DT . STU oo ot Soh, Rokedilint Setaneie Special c apris te tin Rie eae anteeacimrtlapaa A. wow D.Cadell . rrr ee eee eee Special eee W. W. Obetx Medical Representative wn .Special .Special > GesC. CJaolabneer ggle Special SpecialInvIensvetsitiggaattoorr InvestigatorInvestigator R. .t MG .. - ee 6 ee ee) TAT Ee Em m ESS we . speeme c eevee SAE d to 4 EO tye ea eReaw awe ws ee .Special .Special * Mate Pred Special es. ... 0 Pe InvestigatorInvestigator Investigaor Investigator Investigator ome Arnold Taubmas .Special Investigator eel ies cew cee sn tec ressertv ere sree s BJeamnes FGloadkfreery .Special Investigates .Special Investigator eect reins T. oc... eg eee ot hae ewe +. - ** .... se mecees sense ~ COMPENSATION W. Nett Industrial Commission Rebt W. Supervisor of Information - * _ on Py ~ of Ohio we a z tt - : . a we me ae a) . * - ae rt 7 om - ete < 7 . ww * an . wee + OCCUPATIONAL DISEASE HAZARDS CAUSE AND CONTROL THEIR Wednesday Afternoon Session April 17. 1940 Re ad This Section of the All Ohio Safety Congress devoted to Occupational Disease Hazards Cause and Control was called to order at 2 o'clock by Dr. Sidney McCurdy Director Medical Division Industrial Commission of Ohio Columbus Ohio Chairman Chairman McCurdy Our meeting will now come to order We have to discuss a subject that is really momentous In the state of Ohio recently we have entered a new phase of taking care of people We have placed the burden upon industry for practically all disesses that are peculiar to the industry in which a man works and which he customarily would not meet and would not be subjected to elsewhers The history of our occupational discses law up to this point has been that we have carefully selected specific diseases easily capable of proof and named them and no others were applicable to compensation I think that was in 1921. In 1923 or 1929 we added six or seven in the same manner by making them specific and we went on rather slowly and somewhat discouragedly until 1987 when we took our place with others who had been ahead of us in recognizing specifically silicosis Apparently with some fear and trembling we did that because stuck around that law rome safeguards to limit what might be classeads a previous sccrued HabilIin tanyy evenwte took on silicosis with those safeguards that seemed to protect fairness and merit and in some instances I fear we were a bit unfair to the claimant But there : had to be a starting point and we made it in 1937. In 1959 we threw all H : discration to the winds burned our bridges behind us and took on all diseases not classified hithertefore by name and which of course in this modern day and age is a step in advance It also intredness the Industrial Commission very definitely in Ohio into the business of preventing diseases as well as secidents We have done somethti han t g is a little bit paesliur in our section Perhaps it might be classed a trifle experimental When wa took on silicosis we set up a Board of Medical Refe Thr oseeree fers ees were to be men especially versed upon the subject of siliconts and with special knowleditgtweo at when would specialist that we desired to cheese but one of whom had to be a roentgenologist Their opinion was not finel tret the mases had to submitted to them before the Commission oo wae + could allow or disallow the matter fact that silicotic board cet ir mads up I believe three good met uwe uwe could get in Ohio andoe who have beam se recognised in the communities in which they practies I -. believe from working with them that they are dealing with the cases fairly and honestly but upon a scientific basis That Beard has been obliged of course turn down some but it has been I believe fairly theralin passing ff that had merit Remember that Board was not final But when % the additional num of tb wee ntry other diseaseswe set aew principle in Ohio and I think a new principle everywhere SES Genre RTOS: ~ IEF Bedmptihom ena ' wows in that each claimant who was dissatisfed with the ruling of the Commissien upon medical facts had a right to appeal to a medical Board upon a medical fact and upon the judgment of that Board the case would be decided They were final on medical fact That is as it stands today Now we haven't had occasion to use that new Board I have attempttoesedt it up on this specialists in each of the larger cities covering practically every faid that we can expect to meet so that if in Cleveland or Cincinnati or Toledo or Dayton or Columbus we want to pick a special Board for a skin disease controversary we can do it without going out of those cities That made it necessary to select a great many men I believe the number is forty I think one of the proudest moments is our lives was when I wrote to these men requesting that they serve upon this new Board telling them frankly that I couldn't tell them at that time how much we could pay them but telling them what I wanted them to do and giving them the list of those that I was asking and not one man turned a down and moos f tht em wrote thankinugs for the opportunity to serthv eirisec rvie ce in behalf of this new principle We speak of this whole problem and it is so labelled hers as Occupational Disease Hazards When you get . into public health matters it is spoken of as industrial diseases I think perhaps their terminology is better than ours because after all these casta must ariss out of or in the course of employment With the liberality that we now have I think the word Industrial could well take the place of the word occupational At the beginning of this symposium today we are going to discuss first occupational diseases occuring in Ohio Let us change the word occupationatlo industrial diseases occuring in Ohio Our first speaker has had a tremendous amount of experiance in that he has been with the State Board of Health for a number of years at the head of their Occupational Disease Division I will introduse him in s moment but I want to state first the rules of the game After each speaker is through I will throw it open to discussion I wish each discusswaounltd stand upon his feat and announce his name and where he comes from and if he representa anybody I wish he would introduce who he represents He must do that as many times as he speaks I shall allow anyone who Cares to discuss five minutes and I thall be rough when the five minutes is blimiteed causewant time is more or less limited I willraptatb he l tabe le of Indicate Ey gm gm gm gm off very speaker preliminary Derly I wish to present to you OCCURRENCE THE OF OCCUPATIONAL DISEASES IN OHIO By Kenneth D. Smith D. . Dr Smith When Mr. Kearns and Dr. Obetz asked me to speak on the aspects medical of Occupational Diseases at this Safety Congress rather asked me give an informal discussion then read a formal It was their opinion with which I agreed that I should review ~ heartily certain topics which celete the appraising picture m seldom seen in print and which of these diseases but which we quite often neglectin are present status these diseases Therefore thisdiscussionwill bemore or Pe AY, ee - aoa + : open > a: pope 1 1.1 weve - 560 podge with less a of miscellaneous information I shall not burden you many statistics If there are any of these data that you desire in actual figures they can readily be obtained from either the Industrial Commission or the Ohio Department of Health Whenever it be fallen to my lot to disenus ^ subject I have really consulted the dictionaries for two reasons I wanted to be sure that I knew what my subject meant to me after I had read the definition given by those who were experts and qualified to tell me but more important has been my desire not to give an entire discussion which would be erroneous because I had erred in my understanding of the words I made no exception when the * title of this paper was given to me However when I read the many defini- 1 ucas of accurrence I found among them this Theset of occurring Obviously this definition although correct takes me to the word occer i where we find first to bafell to happen to take place Agais a correct definition but inadequate here because we do not know the exact number of workers who suffer from occupational diseases because of faulty diagnoses and the spread lack of reliable statistics The next definition was more to my liking for it stated To exist as to being able to be found wale or seen to be found to come under observation * .. * Here was 10 nd thing to sink my teeth in for we can discuss only those things which are found or come under our observation Definitions which adequately and accurately tell us just what occupa- tional diseases are have been the rates of more headsshes to the industrial hygienists than the diseases themselves and I have finally come to the conclusion that these headaches are the most prevalent of occupational diseases If we consider occupational diseases from a medical standpoint a defini- tion would appear to be obvings Unfortunately however except for those specifically occupational Dinezzet nach as certain poisonings the pneumo- conicces and some infections such as anthrax we encounter erroneous reasoning bases on a priori reasoning Diseases now classified as partly occupational industrial linenses and other such terms must be clarified Weyl insists on the inclusion as occupational diseases not only those aa Ineses generally caused by the personal activity of the worker but any frequent manifestation of symptoms affecting a given occupational class This definities follows docsly that of Van den Borght who believes that occupational diseases are the consequences of long continued exposures to harmful effects disease the exercise of a consequences and that continued arise exclusively : Balleves that those did which apariven appariven apparivenappariven appariven calling an incidence exceeding the normal as well as those obviously due to compa- ~~ senalshould considered occupational Certainly these definitions + senal cities The inclusies of the statement that thesarpeners thesarpenetrAs ced must of asosity be over a long period of time renders these definitions aa fallacions when ons considers sorter's disease We must remember follow_short__ that time in relative and whether we call afflictions which follow_short__ follow_short__ exposures accidents or scute specific occupational diseases the pathology Is none the leas dangerous and the occupational etiology remains unchanged ~ I can't agree with those previously mentioned definitions for swe . _ reasons One is that I saw a case of lead poisoning in a dairyman and a se of silicosis in a hog sorter Bich of these were proved to be correct + 8 . diagnoses The dairyman had been soldering milk can holding face FY satis en a ~_ . Ss . : ae owes \ DE eo "s , 6 551 . over the cans and had been at this work for quite some time The hog sorter worked in a stock yard situated on the lake front The ground and floors ware covered with sand and the constant milling of the stock had created an extremely dusty stmosphere This worker had been employed for many years Obviously the man incurred his silleosis as the result of his job But of course bog sorters armally don't develop silicagis Am I correct Mr. Bloomfield that we were shown a case of a tap dancer who developed siliconis when we were in Washington in 19367 Mr. Bloomfield Perhaps so I don't recall Doctor Dr Smith If I recall correctly this chap had incurred his silicosis by breathing the dust from the rand that was sprinkled on the stage when he danced He had been a dancer for several years and the exertion of his routine entailed deep breathing Because of these facts I again repeat that I cannot accept definitions which insist that an occupational disasse must be one which is a frequent manifestation of a certain calling or that it must arise exclusively or with a particular frequency within a certain industry Wool sorters disease or necessarily correctly Palmonary Anthrax necessarily be of long duration proves that the exposure need not Dr Haybart has long since stated that an occupational disease is any affliction which is the result of exposure to an industrial health hazard and I read a paper which had been given by an attorney stating that this definition was wo loose From the standpoint of the legal mind perhaps that is trea I don't know As a medical man it is not the looss to me Certainly we have no disease It is universally accepted to mean any state of the living body in which the natural functions of the organa are interrupted or disturbed either by defective or preternatural action without a disruption of the parts by violence which is called a wound I often wonder if we are not in the peri- tion of those if I must see a backneyed expression who cannot see the Hie forest for the treat I believe that an occupational disease after all is a + a disease that can be proved after the exclusion of any reasonable doubttso have occured as a result of hazardous exposures which the worker entgun- tared in no other place but his place of employment To me that is adequate and all inclusive It may mom that I have taken an undue amount of time to discuss what diseases we can blame on the working environment alone bu itt is good for us to take the time occasionally for such thought in order to we appreciate the problems that confront our compensation boards and courts TE and well as the worker and his employer cause occupational quayen diseases obylously shall sskkipip thatsatif later the order to diseas- marine nererpeaccte ae tr 13.11 the difficulties face offen when we attempt determine the exact 1133..111 relation Debicate Debicate axeptional axeeptionall axeaptionalnd pwass ent ca to tthehenextnext questions that No less cases important and how many secupational dissames occur is specifically the question What are these dissance We know from the last cares that there were approximately two a balf million gaistally employed people in this state almost a million of employed manufacturing whom were in the o and mechanical industries and =e a * * 4 oe ne og Yan te % *t * fi Po ww 568 OBt or |. = oe nn here are vitally interested in this and there are a great number of miscon ceptions concerning this disease Chairman McCurdy I think all the man would be interested in it if you will speak up good and loud . Docter Smith I believe that we should mention first that various types of reactions are produced by the different kinds of dusts Toxic systemic diseases may follow the inhalation of poisonous dusts such as lead cadmium and arsenic Allergic symptoms may follow the inhalation of certain dusts A good example of this reaction may be found in the occurrence of asthma in workers who inhale cotton dust Although some writars include metal tume fever or founders shakes as the result of the inhalation of zine fumes and class fumes as a dust I have never liked fumes being classed as dust Technically perhaps that is true To me the dusts as we think of them in industry are generated mechanically and fumes are the result of subjecting the metals to hest Any dust if the concentration in the sir be comes great enough may cause irritation of the upper respiratory system and bronchitis We are not concerned with any of these dusts however and shall not mention them except here They are of no importance in a discus sion on silicosis except to call attention to them in passing The first and foremost thing that we should remember about silicosis is that it can only be produced by free silfes Silics or silicon dioxide has the chemical formula Sio or in other words two atoms of oxygen have united with one silofisc ilo icn on When we speak of siliconis we usually refer to the chronic form that follows many years of exposure to the dust la foundry workers for example the disease does not usually manifest itself until the worker has been exposed to a harmful concentration Afteen twenty or thirty years : The words Pneumoconiosis and Silicosis have often been used inter- changably although incorrectly disease of the lungs caused by Pneumoconiosis means a dusted lung or a dust as the sill- cosis one of pneumoconioses is also a pneumoconiosia siliconis that by You are all familiar with the definition is given in our law Silicosis shall mean a disease of the lungs caused breathing silica dust silicon dioxide producing fibrous nodules and distributed through the lungs and demonstrated by ray examinations or by autopsy Obviously only dust from material composed in whole or in part of free silica can cause the disease Quartz is almostsynonywimthosuilisca Sand is almost one hundred percent allies Sandstone and granite contain very free silica mixed with the other constituents and not joined chemically When . free silicon dioxide or allies joins and forms a chemical compound by unit. ing with sodium petzasium aluminum and the other bases we know - s I believe that it is certainly of importance to name a few substances which we have had reported to as on occupational disease report forms and which have never been known to cause the disease matr heseb arel mare ble limestone carborundum and other artificialabrasives artificialabrasives rock wool gines wool kypeum kypeum cement coke and soapstone Coal either anthracite or bitumineus ~" vr * - 7 weegr et o whee EE an cm seatheeeeienmntanemtated 2 EXHIBIT 3 LEGAL REQUIREMENTS FOR THE PREVENTION AND CONTROL OF INDUSTRIAL PUBLIC HEALTH HAZARDS Division of Industrial Hygiene Ohio Department of Health Columbus Ohio 1946 REGULATIONS FOR THE PREVENTION AND CONTROL OF DISEASES RESULTING FROM EXPOSURE TO TOXIC FUMES VAPORS MISTS GASES AND DUSTS IN ORDER TO PRESERVE AND PROTECT THE PUBLIC HEALTH Adopted by the Ohio Public Health Council February 16 tary of State March 1 1946. Effective January 1 1947 1946. Filed with the Secre- 4 Regulation 244. Application of Regulations These regulations shall apply to every place of em- ployment and particularly to those places of employment where a work or process is carried on by which dusts fumes mists vapors gases or environmental conditions of a harmful nature are produced or generated or exist independently of the work or process which may be inhaled or absorbed or in any other manner enter the body in quantities or concentrations that constitute harmful exposure as hereinafter defined . ~ Regulations 245. Modifications When strict compliance with all of the provisions of these regulations would involve undue hardship the Ohio Department of Health may upon application in writing permit modification of the requirements when protection practically equivalent to that required by these regulations has been provided The application for the modification of any of these regulations in any particular case shall be accompanied by a full statement of the existing conditions and the reasons for requesting such modification Any modification granted under the provisions of this paragraph shall be limited to the particular case covered by the application for such modifi- * cation Regulation 246 Definitions} 1 A Gravity System of Ventilation means one which depends wholly upon relative air density 2 A Mechanical System of Ventilation means one which depends upon the operation of powerdriven equipment 3 General Ventilation means the ventilation of the general atmosphere in the place of en- ployment 4 Dilution Ventilation means ventilation provided to dilute the concentration of dusts _ fumes vapors or gases in the atmosphere of all or part of the place of employment 5 Local Exhaust Ventilation means that type of ventilation in which suction is applied at the point of generation or escape of dusts fumes mists vapors or gases 6 Exhaust System means a complete suction device including all hoods ducts fans separa- tors and receptacles when required and any other part necessary for the proper installation and operation thereof .. 7 food means that part of an exhaust system into which the contaminated air or dust fume mist vapor or gas first enters Ordinarily it consists of an enlargement of the end of the duct of such shape and design as to facilitate the entry of dust or other impurities to the exhaust system 8 Duct means any pipe flume or channel forming a part of a ventilating system used to Convey air dusts fumes mists vapors or gases 9 Fan means the machine which creates the movement of air in a mechanical system of ventila- : tion 10 Separator means that part of an exhaust system in which the contaminant or entrained ma- ; terial is separated from the air which conveys it 11 Refuse Receptacle means that part of the exhaust system into which dust or other material separated from the air is deposited 12 Approved means approved by the Ohio Department of Health 13 Dust means particles of solid matter that have undergone comminution 14 Fumes means solid particles generated by condensation from the vapor or usually of metals and often accompanied by oxidation : gaseous states 15 Mist means liquid droplets suspended in air 16 17 18 enclosure state Vapor means the gaseous form of a substance normally in the liquid or solid Gas means a formless fluid occupying the space of Harmful as applied to the effect of dusts fumes vapors mists or gases and any vironmental condition arising from industrial operations or processes means any mechanical or action which in any way injures any part of the body en- toxic 19 An Isolated Operation means one which is carried on in a location where or at such time that no employee except such as actually engaged in the operation involved is subjected to the harmful exposures resulting therefrom 20 Silica free or uncombined is the name given to the chemical compound silicon dioxide SiO2 ; 21 Singular and Plural Number Whenever in these regulations the singular is used the plural shall be implied and whenever the plural is used the singular shall be implied Regulation 247 Harmful Exposure) . 1 No employer shall use or permit to be used in the conduct of his business manufacturing establishment or other place of employment any process material or condition known to have an ad- verse effect on health unless reasonable provisions have been made to prevent injury to the health of the employees and of the public . 2 The concentration of dusts fumes mists vapors or gases in the air breathed by employees shall not exceed the following maximum allowable concentrations for an hour daily exposure GASES AND VAPORS CONCENTRATION Parts per million by volume Acetone wwe eh hte ee ae 500 Acrolein 2. wk ct ee te ht te he nn 0,5 Acrylonitrile Vinyl Cyanide ke ee .Ammonia . wk a ee eee ee te we nes Amyl Acetate 2. 2. . eee sees nee Butyl Ace 1.t eea tet ee e ee ee Ethyl Acet 2. 1a w tt e te sae aa Aniline " a a ee 20 ~ 100 400 400 400 5 Arsine re 1 Benzal Benzene . 2... ee tt te te 100 - Butanone Methyl Ethyl Ketone B 2... 6 ee ee 300 Butyl Alcohol 1... 0 Carbon Disulfide .... ee te ee a 5 ee ee ete te te 100 20 Carbon Monoxide , * 6 ee ee ek te tt es 100 Carbon Tetrachloride- 2.2... ce ee 100 Chlorine Chloroform 4 . 0 ... eee pee etre eee ew te te ee ew bans ee 5 100 Dichlorbenzene 1 2 ce ee eh Dichlorethyl Ether . 1... .6 0 ss Dimethyl Aniline 2... 0 ea ese Ether Ethyl . oe. eee te ete ee te ete ernaeues eb euue aan eh tee 75 15 5 400 Ethylene Dichloride 0.4 .56 ee ee eee reese Ethylene glycol monomethyl ether Methyl Cellosolve 100 100 Formaldehyde . 2 1 ep ee ee we ee ee ete 10 Hydrogen Chloride . 2... . cp a ee ee eee enue 10 Hydrogen Cyanide " I eu ee he ee we et wees 20 Hydrogen Fluoride Calculated as H 1. ke es 3 Hydrogen Sulfide Methyl Alcohol . L fl 2 eee ee " eee eee eee te eee een 20 200 2 en. GASES AND VAPORS CONCENTRATION Parts per million by volume Methyl Bromide we ee te tt he twas Methyl Chloride Naphtha 6 6 0 ee ee ee tee es Coal Tar ek tt tt te ee os Petroleum + - 2 we ee te te ts ce ae Nitrobenzene . 2... Nitrogen Oxides ' 0 ee 6 kk ww ee See a eww ae te tt tw we we Ozone " Phosgene ce hee 2. ee te te ose ea tt we we ns Phosphine . 0... eee ce te ee te ee wae Styrene Monomer Sulfur Dioxide Tetrachlorethane ' ... 2. 2. 1...rrr ee 2. ee te cee ee ew ee ee tas ee es Tetrachlorethylene Toluene Toluol . Trichlorethylene . Perchlorethylene e e ee ee 2-1. ee ee 6.0. ee ee ete ee eee eee) Turpentine eee ee eee ee beeen Xylene XyF l "o ee tl e et ete ee 20 200 200 1,000 1,000 5 25 1 I I 400 10 10 200 200 200 200' METALLIC DUSTS AND FUMES Cadmium 2... ek eee ee ee ce Chromic Acid and Chromates 2... 1.1. 1 ea et Calculated as chromic oxide Cro 2... 6 Lead rr eee ew 26 a Manganese 2... wee tt te eee ee Mercury 2. ....8.-:, we ee ee eee Zinc Oxide we tt eee te we he es CONCENTRATION Milligrams per cubic meter 0.1 . 0.1 0..15 6.0 0.1 15.0 OTHER DUSTS AND FUMES Chlorinated Diphenyls ... Chlorinated Naphthalenes Trichlornaphthalene .. Pentachlornaphthalene . 2... ce 00.0.0 2 2... eee te tes et ee ce we Le et ee 1.0 5.0 0.5 _ MINERAL DUSTS CONCENTRATION Million particles per cubic foot Asbestos 2... 0 eolee tt Silica free or uncombined he hee Over 40 20 to 40 10 to 20 . a eee pe we eae eo ee oe ' 2 ee fees eee 5 5 10 20 RADIATION ray Roentgens per day = ew ' = @ < @ Radium Roentgens per day R Radon gas Curie per liter err = = @ ' @ ' o = Fw Ss ' 8 4% 0.1 0.1 10-11 10-11 Explanatory Note 1 At least three atmospheric samples spaced at intervals to yield an average measurement of exposure over the entire cycle of operation under test shall be collected in the breathing zone of the worker or wherever such exposures are suspected or known to exist 3 at 2 The sampling and analysis of contaminated air and the interpretation of the data in relation to the stated maximum allowable concentrations shall done only by technically qualifiaendd competent persons using methods approved by the Ohio Department of Health 3 Temporary concentrations in excess of the maximum allowable concentrations listed shall not be permitted if exposure to such concentrations for period of one hour or less may result in an adverse effect on health as determined by the Ohio Department of Health 4 For the purpose of the above maximum allowable concentrations for silica the free silica con- tent shall be the percent of free silica in the fraction of the borne dust in the breathing 5 zone of the worker that is smaller than 5 microns in maximum diameter For all other dust determinations millions of dust particles per cubic foot of air by the light light field microscope counting technique shall include all microscopically visible particles up to 10 microns in size Regulation 248. General Ventilation Special Requirements Wherever harmful concentration of dusts fumes mists vapors or gases exist or are produced in the course of the employment and prevention elimination or control of said harmful exposures is not practical by local exhaust or by other means as hereinafter provided the capacity of the general ventilation system be it a gravity or mechanical means of moving air shall be augmented or sufficient dilution ventilation provided so as to provide for the elimination of said harmful exposures to a degree specified under Regulation 247 : | Regulation 249. Local Exhaust Ventilation 1 Where Required All equipment and processes that emit create harmful dusts fumes mists vapors gases or other contaminants in quantities that tend to be harmful to the health of the employees exposed thereto and where general ventilation alone or in conjunction with other provisions of these regulations is inadequate to furnish the required protection shall be connected to an exhaust system for the removal of said hazards as far as practicable at their point of origin Wherever practicable application of local exhaust ventilation is preferred 2 General Requirements Exhaust fans ducts hoods separators and all necessary appurtenances including refuse receptacles shall be so designed constructed maintained and operated as to insure the required protection in the production of volume and velocity of exhaust air sufficient to gather dusts fumes mists vapors or gases from said equipment or process and to convey them to suitable points of safe disposal thereby preventing their dispersion in harmful quantities into the atmosphere of work rooms or other places where persons are employed 3 Duration of Operation The exhaust system shall be in operation continually during all operations which it is designed to serve If the employee remains in the contaminated zone the system shall continue to operate for some time after the cessation of said operations the length of time to depend upon the individual circumstances and effectiveness of the general ventilation system 4 Disposal of Exhaust Materials The air outlet from every dust separator and the fumes mists vapors or gases collected by an exhaust system shall discharge in such a manner that the discharged materials shall not reenter places of employment in harmful quantities or in concentra- tions which exceed the allowable concentrations specified in Regulation 247. Dust and refuse discharged from an exhaust system shall be burned when feasible buried treated or otherwise disposed of in a manner that will prevent its harmful dispersion Regulation 250. Dust Allaying Media Use shall be made of water oil or chemicals in such injurious quantities and with such frequency as may be necessary to suppress and allay harmful dust wherever the provisions of Regulation 249 are impracticable or inadequate to prevent harmful exposure The use of dust allaying media may also be supplementary to other provisions of these regulations Regulation 251. Personal Protective Equipment 1 When to their source as harmful exposure be worn provided shall be Where the removal of for in Regulation 249 protected by means of harmful dusts fumes mists vapors or gases at is impracticable the employees who may be liable to respiratory or other protective equipment approved s by the Ohio Department of Health for the specified employment involved 2 Protection of Temporary Nature The use of respiratory equipment shall in general garded as emergency protection against occasional and relatively brief exposure be re- 3 Approval Required Respiratory protective equipment air respirators hose canister gas masks supplied oxygen breathing apparatus shall be of a type approved by the including filter cartridge and hoods and helmets and self Ohio Department of Health suppliedcontained 4 Education and Use of selves with the use sanitary casion to use Equipment Required care and limitations Employers and employees shall of such respiratory equipment familiarize as they may themhave oc- 5 Provision and Care of Equipment Required Duty of Employer and Employee It shall be duty of the employer to provide and replace when necessary such respiratory and other personal tective equipment as may be required and to maintain same in efficient and sanitary condition the pro- It shall be to maintain same shall be worn or the duty of the employee to use such equipment provided for him to exercise due care in efficient and sanitary condition Protective devices and protective clothing used at all times during the period of exposure 6 Air Supply to Positive Pressure Equipment Air supplied to hose masks and positive air helmets shall be free from harmful dusts fumes mists vapors or gases to the extent that the inhalation of such air shall not constitute harmful exposure as set forth in Regulation 247. The air should preferably be supplied by means of a blower fan Whenever compressed air is used an approved filter shall be inserted in the supply line to remove any oil sediment or condensation that it may contain Such filter shall be maintained in efficient working condition 7 Wherever air is delivered to respiratory equipment the intake to the blower fan low pressure compressor or ordinary compressor shall be so located as to prevent harmful contamination of the air by carbon monoxide Internally lubricated compressors are not recommended for supplying air to respirators and if internally lubricated compressors are so used they must be provided with a suitable temperature regulator to prevent overheating of the compressors and with a carbon mon- alarm device to insure adequate warning of exposure to carbon monoxide 8 Air Pressure to be Regulated Wherever positive respiratory equipment is used an automatic pressure relief valve shall be installed in the supply line The maximum allowable pres- sure shall be 10 pounds per square inch This does not apply to contained oxygen breathing apparatus : a The standard of health protection when using pressure air respiratory equip-- ment is the maintenance of positive pressure within the equipment The minimum of air pres- sure to be maintained within such equipment is therefore that which will assure a steady and continuous outward flow of air from within the apparatus 9 Sanitation of Respiratory Equipment The employer shall provide an approved means for cleaning and sterilizing all respiratory equipment and it shall be the duty of the employer to cause such equipment to be maintained in a clean and sanitary condition Respiratory equipment shall not be passed on from one man to another until such equipment is cleaned and sterilized shall --flhenfilter or cartridge type respirators are used each employee have such respirator for his own exclusive use Respiratory equipment and replacement units shall be stored when not in use in approved containers Regulation 252. Isolation of Hazardous Operations 1 In every place of employment where a work or process is carried on in which or in connection with which dusts fumes mists vapors or gases are produced in quantities or concentrations and under conditions which may injure the health of the employees or where environmental conditions harmful to the health of employees are produced such operations shall be isolated un- less the employer elects to control said harmful exposures under other provisions of these regulations 2 Whenever practicable or enclosed to prevent harmful skin the industrial operation or process shall be effectively controlled chemicals or injurious substances from coming in contact with the Regulation 253. Sanitation and Cleanliness Cleanliness ; 1 Maintenance The interiors exteriors and environs of buildings that contribute to a ful exposure to which these regulations apply shall be cleaned and maintained in such conditon will prevent harmful exposure as set forth in Regulation 247 harm- as 2 Cleaning When to be Done Cleaning shall be done cause a minimum of exposure of employees Employees engaged who may be exposed shall wear approved respiratory equipment of suction apparatus capable of preventing harmful exposure at such time of day or night as will in cleaning operations and all others unless such cleaning is done by means Regulation 254. Warning of Health Hazards In all places of employment where harmful ex- posures exist from infective agents in materials used from toxic dusts fumes - mists vapors or gases and from heat radiation humidity radioactive material or any other injurious substance or cause the employer shall call attention to such hazards and shall periodically instruct all employees regarding the harmful exposures connected with their duties and the best preventive measures and methods to protect themselves therefrom . Regulation 255. Violation A violation of any of the provisions of the foregoing regula- Department tions or failure to comply with any orders made pursuant thereto by the Ohio of shall subject the persons so violating or failing to comply to the penalties provided by law Health Regulation 256. Interpretation If any of the foregoing regulations shall be held to be unlawful such holding shall not affect the validity of any other of the foregoing regulations AFFIDAVIT I Susan H. Banchefsky being first duly sworn on oath says 1 I am the Secretary of the Public Health Council of the Ohio Department of Health 2 The Department received a request from Mr. Walter J. Legal Assistant Illinois for Kosydar Ohio Legal Requirements for the Prevceonptiieosn oafndthCeonSttraotle ooff JIannduuasrtryia,l P1u9b4l7ic Health Hazards which became effective on 3 In response to this request I made xerox copies of the chapter entitled Regulations for the Prevention and Control - of Diseases Resulting From Exposure to Toxic Fumes Vapor,s: Mists Gases and Dusts In Order to Preserve and Protect the Public Health adopted by the Public Health Council on February 16 1946 and effective January , 1947 4 I hereby certify that that these are true and exact copies of these regulations Further affiant sayeth not Susan H. Banchefsky H. Secretary Public Health Council Banchefsky Banchefsky Subscribed and sworn to before me this r 9th 9th 9th day of May May , 1983 Marthal Public Bapter commission has commission no expiration date . File & ServeXpress Transaction ID Submitted by Authorized by Authorize and file on Court : Division Courtroom Case Class Case Type Case Number Case Name Transaction Option Billing Reference Read Status for service File & ServeXpress Transaction Receipt 58473154 Crystal Foley Simmons Hanly Conroy Crystal Foley Simmons Hanly Conroy Jan 25 2016 11:55 PST ca CA Superior Court County of Los Angeles A Asbestos 4674 In Re Personal Asbestos BC525735 LAOSD Asbestos Litigation Packett Roger vs Allcraft Jewelry Supply Co et al Simmons Browder Serve Only - Public Not Purchased 1 Document Attached Document 77 Pages Document Type Declaration Document ID 75977458 Access Secure Public Amended Declaration of Barry I. Castleman Statutory Fee 0.00 Linked a Packett Roger Plaintiff Packett Roger Plaintiff [] Recipients 13 Angelides Simmons Hanly Conroy Attorney in Charge Foley Crystal Simmons Hanly Conroy Attorney in Charge Service Service , - CBS CBS CBS CORP California Superior Court County of Los Angeles Service = Crown Cork & Seal Co Inc ae Service Service Edward J Orton Jr Ceramic Foundation Service Service Service 6 FOSTER WHEELER CORP FOSTER WHEELER CORP ; ENERGY - ENERGY Defendant Pond Frank Pond North LLP . : . Interested Elias Party Emilie California Superior Court Angeles County Courthouse 324 Defendant Olson D:ean A Morris Polich & Purdy LLP Angeles ; " 7 nore Defendant Chiosso Anthony C Jackson Jenkins Jackson Jenkins Renstrom LLP sf Agopian Defendant Shaghig =~ . 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