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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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IInn COohliuambus This
Regitation
Cat C Brasse Siria Divros of Salty and Efficic Inderal
.
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BUREAU OF INFORMATION ON
PENSATION AND CLAISMASFETY
SAFETY
GG GG P. Merwe, Vivie Vivie
the Divvate shop wehears CC CC B
Safery Ez. BR EERTRE
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. COMPENSATION
Nora SpeerofvIi nfs oro mar to Indexrial Commission of Offa
te
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MOD 37 2000 10
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SEIS:
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047 047
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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. Westen Ohio
Safaric Lagu Si Se Safaric mK
Pa
Co.Co. AlleAlen n Pa
Co. ( Braden
Brown Shee Co. St. Look Ma
Marquis Anding Machine Co. Dazait
AGek,
The Positive Stay Mis Ca Corend
Positive
Surty Wp to Giaga Uf, The frytz Ca Dayton Ohin
Mestyle E
F Mh C Aufbia N. Y
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Tax Dayers Safety
C & am
Chin
StokedStar Stres Corp. C. M
Qais C. Ker Yes Y
Sugar Bes From C. SagiSnaegiznez Via
Internal Serde's Sca Brooklyn NY
Internal St Co. St. Lotia Ms.
Colmbe Glove Hip Co. Columbine Chi,
Oh: ix,
Obiz
teu, Cho.
Supply Co. Youngs
5. W.
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pation LC LC LC New
Elina Servis Ca New York I The
Coordinating Gaven's Safiey Co rdinating
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Cherman W. W Haws, The Ohb F G G Springhell ... . . . .. ... ....ne
MCC MCC MCC Bowry Obic Public Sentes C Alliance Ohla
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by Ohic
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RUBBER
Cho M. Wezarez Dayton Rubby Vale C. Danea Ofis 108
Ploy Cannes R. W. Most Firstens Tire& Rabo Co. Skrant Ohio
SL SL SL Mors and Manungang Q. Daytos Obta
Reser a Nowlin Ceaser fem a wate memine C4 HURST EMCEE SHEE OEE 404
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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
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are za mare we tad te age m the ples of the bata Ay
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and les les les prese prese
develpas develpas leg les de me mettet mettet af oo
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dheescaoldyth Conte descody Conte
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seats LE ES eesste
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eld
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94 Sieg
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them them off off can t kt ae,
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faire 12m bas
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1. Fre silicon Goods cally quo a parul ks than 10 acres in free diagKS
A pla cmcemdon, 1. Long proof of expans
a
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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 &
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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
.
**
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Pers **** on
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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
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mary of waste waste waste waste bawa about probierpalle probierpale probierpale probierpalle probierpalle hen
lars
The
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In mining buss
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right are free endre low die with the Hip of the peoper gaminal ante endre sandards you
Sure RS
ane
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fond fond fond fond fond a
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ish +
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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
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Parenahve * she
Banoe, 7
a
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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
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6
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be ald ald .
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Donality er
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al org a dt
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Revnaing i ak
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fret
Perce beur
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ne k 4 4 z
ined 403 30 bit
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Total Sousa
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-
i parade koor suflions Hett * parade
ti
per Sb
3
~wes 188 edtNics perelee ser Czza sat
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day eipestere
BATT wh iawom
PAERieeMS Deprte e
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om
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teape ty
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6
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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)
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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,
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tm
ATG
xe
N
ae
3 ae
1, ve
Lasehe
Riguou
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Xe
Pe
ns!
a Teste)
oy
een
Cede
+ 6
-
Fy
a
ad
Net eameng,
+
=
pies
ae
es:
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ire
es
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-
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mae de
23
ey 1
>
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he
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Sp ofar
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thas.
aPeRs
if
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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,
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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
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and the direct management of
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Carl Chairman
L. Smith Managing Director Cleveland Safety Council
Exhibits
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Chairman Buell
Ohio :
W.
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Safety
Equipmmt
Service
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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
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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
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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
>
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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
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.
Ss
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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
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568
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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 ~"
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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 .
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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
=~ .
Francisco
-
Hugo Parker LLP - San Francisco
Defendant Elsa
Hugo Parker LLP - San Francisco
Service
Service
Service
Service
Service
Service
Service
7
Service
Service
Service
GEORGIA PACIFIC LLC
in
ae Industrial Holdings
Industrial Holdings Corp
cH
INGERSOLL
INGERSOLL RAND CO |
Defendant Biderman David T
Defendant Pietrykowski Michael J
4 np
Defendant
Prindle-
Kenneth
INGERSOLL RAND CO |
Defendant Milbrodt
Jeremy
JOHN
CRANE
JOHN CRANE INC
Defendant Defendant
Gowin
Julia
-
Defendant Gowin Julia _
Packett Roger
Plaintiff
Plaintiff
Rosenthal
Deborah R
Perkins Coie San Francisco
oz
Gordon
& Ree - s
Francisco
Francisco
|
Prindle
Decker
a
Prindle
Decker
& Amaro
-
LLP Long
Beach
;
Prindle
Long Prindle Decker & Amaro LLP-
Beach
Hawkins Parnell Thackston& Young LLP -
San Francisco
-
an
Simmons
Simmons
Hanly
Conroy --
San
Francisco Francisco
Francisco
Charge
Service
Attorney in Charge
Attorney in
Charge -_.
E-
Service
EService
Service
Attorney in E-
Charge Service
2
Attorney in E-
Charge Service
Attorney in E-
Charge
Service
Service
Attorney in E-
Charge Service
Attorney in Charge
Attorney in Charge
E-
Service
E-
Service
Attorney in ECharge Service
Attorney in E-
Charge
Service
Attorney in E-
Charge Service
Service _ Soco West Inc
So
a
El Additional Recipients 0
: Defendant Murrin Charles P
9
Murrin Associates .. ..
Murrin
&
Associates
LLC
"os.
LLC
co.
Attorney in E-
=
Charge |. Service
Case Parties
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