Document KL8gxq5zKqQ0oK2XeDDJqV8r

r IS THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION MARIAN DOWNS, Individually and as Executrix of the Estate of Charlie E. Downs, Deceased ) ) > : --> 2 c > o5* CD !Q ; 5 Z : Q. PLAINTIFF'S EXHIBIT JMMC-7i PLAINTIFFS EXHIBIT JMMC-71 ) JOHNS-MANVILLS CORPORATION, et al ) DOROTHY GAGE, Individually and ) as Administratrixof the Estate ) of Gian WayneGage, Deceased, ) et al ) ) VS. - ) ) JOHNS-MANVILLE CORPORATION, et al ) No. S-78-155-SA ANSWER OF DEFENDANTS JOHNS-MANVILLS CORPORATION, JOHNS-MANVILLE SALES CORPORATION, SUCCESSOR BY MERGER WITH JOHN 5-HA N VILLE PRODUCTS CORPORATION, JOHNS-MANVILLE INTERNATIONAL, AND CANADIAN JOHNS-MANVILLE ASBESTOS LTD TO PLAINTIFFS' SECOND -SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO ALL ATTORNEYS OF RECORD; In accordance Kith Rales 33 a.id 34 of the Federal Rules of Civil Procedure, Johns-Xanville Corporation, Johns-XanvilleSales Corporation, successor by merger with Johns-Manvilie Products Corporation, Johns-Manvilla International, Canadian Johns-Manvilie Ltd. hereby answer Plaintiff's Second Set of Interrogatories and Request for Production served on Defendants' counsel. - Defendants reserve the right to amend or supplement their answers if they find that inadvertent omissions or errors have been made or if additional or more accurate information becomes availaole that is ragnicei to be provided by Federal Rules of Civil Procedure. 1. Identify (a) tae parson or persons who prepared the answers to these interrogatories; and (b) all persons who assisted in their preparation. -1- < A N'SWES: This document is signed by 3. 3. y on Wild, Corporate Counsel of Jonns-Manville Corporatron and Vice President and Corporate Counsel of Johns-Manville Sales Corporation, Xen-Caryl Hancn, Denver, Colorado, (303) 979-1000, solely to satisfy the rules of- procedure, as no single officer or agent of one or more of Defendants nas the exclusive knowledge or information required to supply the necessary answers. Answers were prepared from a number of sources; i.e., files and records of Defendant's various divisions and departments and interviews with various employees. Ihe above signing officer has bean informed that those files, documents and interviews support tae responses herein based upon a diligent search of available information conducted as of the date of signature. , 2. State when, if ever, you first became involved in the business of: (a) dining raw asbestos fiber; (b) Manufacturing asbestos-containing products; (c) List all plants or facilities where asbestos containing products similar to those manufactured at Denison are manufactured. ANSWER: (a) 1915. (b) 1927. (c) Defendant objects to this subpart on the grounds that the same is overly broad, unduly burdensome ini not reasonably calculated to lead to tae discovery of admissible evidence. However, in an effort to be responsive. Defendant Johns-tManville Sales Corporation, successor by merger with Johns-Manville Products Corporation, states that the major manufacturing locations for asbestos-containing products are: Waukegan, Illinois; Long Beach, CaLifornia and Hanvilla, New Jersey. Johns-Manville Cocporaton and Johns-Manville International Corporation do not manufacture asbestos-containing products. 3. (a) State your total annual sales, if any, in dollars and in tons for each year since the dates identified in response to Question 2 of:' -2- (i) 3aw asbestos fiber; (ii) Asoestos-contiining products. (b) -State your total annual purchases, if any, in tons and in dollars for each year since the dates identified in response to Question 2 of: (i) 3aw asbestos fiber; (ii) Asoestos-containing products. Defendants do not maintain such records. 4. (i) State how many, if any, you operate of the following: . (a) Asbestos mines; (b) Asbestos mills; (c) Plants that produce asbestos-containing products (ii) State the date of initial operation of all facilities listed in response to 4(i) a-c. ANSWER: Defendant objects to this Interrogatory on the grounds that the same is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence in the case at bar, which involves the Denison plant. 5. Stats when you first operated the Denison plant. ANSWER: 1957. 5. Produce all your organizational charts pectaining to your overall corporate structure or to your organizational structure at the plant and all your annual reports since the plant was first operated. (Counsel agreed to produce organization chart in Denver during deposition of Henry Belchar.) ASSWER: Defendant Jonns-Hanvrlle Corporation attaches as Exhibit A its current organizational chart. Defendants object to the remainder of the Interrogatory (unduly burdensome, not reasonably calcluatsd to lead to aimissible evidence. 7. State what products have been made at the plant since it was first operated and as to each product: (a) Give the dates during which you made each product; (b) State each substance used in the manufacture of eacn product; -3- (c) Stare in what part of the plant earn produc was made; (d) Stats ia what parts of the plant asbsstos was stored, handled, or ussd in the manufacturing process; (e) Produrs all maps, charts, or other writings showing or describing the floor plan of the Plant since it was first operated; showing or descriDing the flow of asbestos tnrouga the plant from first receipt to final shipment of the pcoiuct; or otherwise showing or describing the manufacturing process in tne plant. S^SWERj. Defendant objects in pact to this Interrogatory on the-grounds that the same calls for information on products other than asbestos-containing ones, which are not relevant in the case at bar. Notwithstanding said objection. Defendant states the Denison plant nas manufactured traasite pipe, couplings and related accessory items. (b) Such products contain asbestos fiber# Portland cement, silica and water--formed from slurry. (c) Area numbers indicated below refer to Plant Layout No. 7-30-7 attached hereto as Exhioit 3. Product Area Asbestos Cement Pipe 3, 4, 5, 6 Epoxy Lined Asbestos-Cement Pipe couplings 8 Eoam Insulated Pipe 9 Polyester-Fiberglass Pipe 10 Polyvinyl Chloride Pipe 10, 13 Epoxy-Fiberglass Fittings 11 Polyvinyl Chloride Injection dolled Fittings 11 Epoxy-Fiberglass Reinforced Polyvinyl Chloride Pipe 12 -4- (d) Area 1 2 3 4 (pips) 5 (pips) 6 (pips and fiber) 7 (pips) 8 (pips) 9 (pips) 10 (pipe) (e) Defendant objects to this subpart as baing overly broad and unduly burdensona. However, in an effort to be rssponsive. Defendant answers as follows: Asbestos fiber is received by railcar or truck and stored in Area 1 or 2. The asbestos fiber is moved to Area 3 by forktruck. The asbestos is transferred from individual bag containers to a convayor. Tha asbestos is combined with water, silica, and cement at two pipe forming machines (Area 3). Tha slurry is picked up on a continuous felt and transferred to a steel mandrel. The Pipe is aliowei to cure on a mandrel. Tha mandral is mecnanically extracted- The pipe is transferred to Area 4 for further curing. The pipe is transferred to Araa 5 for final cure in autoclaves. The cured pipe is moved to Area 6 for finishing by machining. The finished pipe is inspected and moved to Area 7 for storage or Areas 8 and 9. In Araa 8, tha pipe inside diameter is coated with a non-asbestos-containing substance. In Araa 9, the pipe is insulated with a non-asbastoscontaining substance. In Area 10, tha pipe inside diameter is coatad with a sacond non-asbestos-containing substance. 3. Identify the following parson: (a) All managers of the plant since it was first operated; (b) All parsons functioning as industrial hygienists at the plant since it was first operated; -5- (c) Ail persons having my responsibility for the maintenance of iiaaicn and safety at the plant since it was first operaced; (i) All ptiysicians, nurses, and nurses' aids, whether they were your employees or independent contractors, who provided pre-employment physical examinations, periodic physical examinations, or treatment to employees at the plant since it was first operated; (e) All persons naving any responsibility for air quality samplings at the plant since it was first operated; (f) All parsons having any responsibility for the investigation or settlement of workmen's compensation claims at the plant since it was first operated. AMSWE8: (a) ~J. E. Hesse 1957-1964 ; 3. C. Eggleston 1964-1972 ' D. W. French 1972-1975 . L. I. Sicnards 1975-1980 J. A. Lawrence 1980 (b) An industrial hygienist was not maintained at the Denison plant on a full time basis. Industrial nygiene was carried out through the Johns-Hanville headquarters. (c) See Answer to So. 8(a) above. In addition, the following individuals had such responsibility: J. C. Bradley ,1. H. Hankinson M. 3. Burton J. T. Armstrong C. 8. Smith . 3. Arant J. 7. Anderson A. F. Page J. S. Kelly i. T. Largent D. C. Buckner (d) Pnysicians H. H. Brown w. H. Frietsch J. Z. Saunders i. L. Brown S. J. Elkins A. L. Hivera J. P. Tyson P. I. Swamy -6- Nurses F. E . Gott 1 . B. Forbis H. J . Lovett 3 . A. Williams 3. P . Cantrell 3 . J. Fitzpatricx C. J . Holloway i. T. Xrasz C. X . Mc3riia 1 . F. Seitz D. A . Witt 3 . I. Woodson (e) J. C. Bradley d. H. Hankinson d. 3. Burton :. G. Stelchek A. V. Chambers A . il. Curry L. d. Ellison J . V. Anderson L. F. lassay (f) See Answers to subpart s (a) and (d) above. Have you or any of your officers or employees made statsisats at any time since the pLant was first operated concerning your knowledge or experience in the field of asbestos- relatad disease? (a) Identify, as to eac.n such statement: (i) Tha data and place the statement was mada; Cii) Iha sabstanca of the statement; (iii) Iha parson or persons who mada tha statement (b) Produce all writings containing or pertaining to each such statamant. . ANSWER: Defendant oojacts to this Interrogatory on tha grounds that the same is overly broad, unduly burdensome and not reasonably calculated to lead to tne discovery of admissible evidence. However, in an effort to be responsive. Defendant states tnat employees nave testified in conjunction with civil litigation and have presented statements of position both in writing and orally at various government hearings. Ml documents and statements relating to such proceedings are a matter of public record and are readily available to Plaintiff. 10. Hava you known at any time since the plant was first operated of any alleged or assertei relationship between exposure to asoastos fibers and tne contraction of asbestosis? If so. -7- (a) Stata: (i) Hnat you understand tha alleged or asserted ralationshp to be; (ii) ^ha.n you first learned of this alleged or asserted relationship; (iii) The unnar ia which you learned of this alleged or assarted relationship; - (iv) Whether you nave concluded sum a relationship exists and, if so, when you concluded tha relationship exists; (b) identify all persons in your employ who have any knowledge concerning such a relationship or tha manner in which you learned of it; _ (c) Produce all writings concerning such a relationship or tha manner in wnicn yon learned of it. AdSHESi The Corporation becane aware of tha relationship between asbestos and the disease known as asbestosis among workers involved in mining, milling and manufacturing operations and exposed to high levels of virtually 100% raw asbestos fibers over long periods of tine ny tha early 1930's. The Corporation has followed and become aware of the general state of tie medical art relative to asbestos and its relationship to disease processes, if any. , 11. Have you known at any time since the plant was first operated of any alleged or asserted relationship between exposure to asbestos fibers and tne contraction of lung cancer? If so, (a) Stata: (i) tfnat you understand the alleged or asserted relationship to be; (ii) Shan you first learned of this alleged or asserted relationship; (iii) Tne manner in which you learned of this alleged or asserted relationship; (iv) Slather you nave concluded such a relationship exists and, if so, whan you concluded tha relationship exists; -3- (b) Identify all parsons in your employ who have any knowledge concerning sum a relationship or the manner in which you learned of it; (c) Produce ail writings concerning such a relationship or the manner in whicn you learned of it. ANSttSR; As .to bronchogenic cancer, the first Large-scale study indicating an increased incidence of bronchogenic cancer among individuals occupationally exposed to asbestos was Sir Richard Doll's study of asbestos textile workers in the United Kingdom. Subseguent to tne Doll study in 1955, Defendant and other asbestos producers undertook to finance and support a large-scale epidemiological study an North America as to the association, if any, between broncaogenic cancer and occupational exposure to asbestos. Such study oy Braun, and Truaa is identified in Defendant's Answer to Interrogatory No. 37. Such study did not indicate the hazard described by Doll. Subseguent and continuing research did, by the mid-1950's indicate an increased incidence of broncnogenic cancer among individuals exposed to asbestos occurred virtually exclusively among Indiviiuals who also smoked cigarettes. 12. Have you xnown at any tine since the plant was first operated of any alleged or assertei relationship between exposure to asbestos fibers and the contraction of mesothelioma? If so, (a) State; . (i) Nhat you understand the alleged or asserted relationship to be; (ii) Nhen you first learned of this alleged or asserted relationship; (iii) The manner in which you learned of this alleged or asserted relationship; (iv) whether you nave concluded such a relationship exists and, if so, whan you concluded the relationship exists; (b) Identify all parsons in your employ who have any knowledge concerning such a relationship or the manner in. which you learned of it; -9- (c) Produce all writings concerning soon a relationship or the manner in which yon learned of it. ft VSWER: The first study indicating an increased incidence of masotnelioma in relatioasnip to asuestos exposure was that of Wagner in South Africa in 1960. Mesothelioma was a virtually unknown tumor until approximately 1960 and the Wagner paper referred to above. While many causal relationship questions still exist. Defendant has accepted and acted upon the increased incidence of association referred to above since the same became confirmed by the medical/scientific community in the aid-1960's. Defendant objects to the balance of this Interrogatory on the grounds that the same is overly broad, unduly burdensome and not reasonably calculated to lead to tae discovery of admissible evidence. , 13. Has any federal, state, or local governmant agency ever set any standard for allowable asbestos dust concantrations in the air at the plant? If so, (a) State as to each such standard: (i) The date the standard was adopted; (ii) The name of the agency that adopted the standard; (iii) The dust concentrations the standard permitted; . (iv) Iha steps you took to comply with the standard and the procedures by which they were implemented; (v) Whether the lust concentrations in the plant, after the standard was adopted, were lesser than, equal to, or greater than those the standard permitted; (b) Identify all persons involved in adopting steps and procedures to comply witn the staniard; (c) Produce all writings concerning the adoption of each such standard and tae plant's compliance or non-compliance with the standard. ANSWER: Defendant objects to this Interrogatory on the grounds that the same is overly broad, unduly burdensome and not reasonably calculated to Lead to tae discovery- of admissible -13 - evidence. However, in an effort to be responsive. Defendant states that the first threshold Unit value (TLV) for asbestos fiber in the United States was established in 1933 by the American Conference of Governmental Industrial Hygienists and was set at 5 million particles per cubic foot, 3-iiour time-weighted average. In 1963, ACGIH proposed a standard of two million particles par cubic foot or twelve fibers longer than five micrometers per cubic centimeter, eight-hour time-weighted average. Defendant than unilaterally adopted a standard of six fibers longer than five micrometers per cubic centimeter, eight-hour time-weighted average. In 1971, an emergency standard of 5 fibers longer than 5 micrometers per cubic centimeter as an 8-hour time-weighted average and 10 fibers longer than 5 micrometers per cubic centimeter maximum ceiling concentration was promulgated by OSHA and became their permanent standard effective June 7, 1972. This standard was changed July 1, 1976 by DSHA to two fiDars longer than five micrometers par cubic centimeter as an eight-hour time-weighted average and tan fibers longer than five micrometers per cubic centimeter maximum ceiling concentration. 14. Have you ever adopted by your voluntary action any other standard or guideline for allowable asbestos dust concentrations in the air at the plant. If so, (a) State as to each such standard or guideline: (i) The date the standard or guideline was adoptsi; (ii) The dust concentrations the standard or guideline permitted; (iii) The steps you took to comply with the standard or guideline and the procedures by which tney were implemented; (iv) whether dust concentrations in the plant, after the standard or guidelines was adopted, were lesser than, equal to, or greater than those the standard or guideline permitted; -11 - (b) Identify all persons involved in adopting the standard or guideline or in adopting steps and procedures to comply with it; (c) Produce all writings concerning the adoption of each standard or guideline and the plant's compliance or non-compliance with the standard or guideline. ANSWER; See Answer to Interrogatory No. 13. To the best of Defendant's present knowledge, no other standards have been adopted at Defendant's Denison plant. 15. Have you, at any time since the plant was first operated, known of any ot.ier standard or guideline for allowable asbestos dust concentrations in asoestos plants developed by the American Conference of Sovernmentai and Industrial Hygienists, the American Industrial Hygiene Association, the Industrial Hygiene Foundation, or any other body? If so, (a) State, as to; each such standard or guideline; (i) The name and address of the body that developed the standard or guideline. (ii) The dust concentrations the standard or guideline permitted; (iii) The date when you became aware of this standard or guideline. (b) Identify all persons at any time in your employ having knowledge of this standard or guideline. (c) Produce all writings concerning tnis standard or guideline. ANSWER: See Answer to Interrogatory No. 13.' 16. Have any representatives of any federal, state, or local government agency ever visited the plant to inspect health conditions or to measure asbestos dust concentrations in it. If so, (a) Identify as to each such visit; (i) Trie parson wno visited the plant; (ii) The date of the visit; (iii) What inspections or measurements were performed during the visit; -12- (iv) The conclusions, recommendations, or comments expressed to you by the person maxing tna visit; (b) Produce all writings dealing with each such visit, including the results of any testing or air sampling performed. ANSWER; This Interrogatory is objected to (overly nroad, not likely to lead to discovery of admissible evidence). However, in an effort to be responsive, periodic visits by governmental agencies have bean made at the plant, without discovery of, or citation for, any condition association with the innalation of asbestos dust in excess of the maxLmum allowable concentration sat forth in the answer to Interrogatory Mo. 13. above. 17. Have any of your employees, any of your insurers' employees, or any other person ever measured asbestos dust conditions in the plant? If so, (a) Identify: (i) Tne data when the measurement began; (ii) The frequency of the measurement; (iii) The method of measurement used; (iv) Tne results of each measurement; (v) The persons responsible for tne measurement; (b) Produce all writings concerning the measurement and the results of the measurement. H3SWER: Dust concantrations nave been monitored periodically since the plant commenced operation. The identity of all persons taking dust samples is not presently known; however, it is known that some samples were taken by Hichael Burton in approximately 1960, and that sampling during rhe 1970's has been accomplished generally under the supervision of William Reitzs. Defendants are currently searching for surviving mathematical indicators of asbestos exposure at the plant during the exposure periods alleged by the Plaintiffs. Such will be provided in the event that the information can be located. 18. Hava any employees at the plant ever been represented by any union? If so, (a) State as to each such union: (i) The name of the union; -13- (ii) rhe specific class of employees that it represented; (iii) The iates during which it cepcesetad these employees; (iv) Whether each of the plaintiffs in this action was represented by the union; (b) Identify all officials of the union iuring its representation; (c) Identify all union personnel having any responsibility for representing employees on matters concerning healtn and safety conditions in the plant during the union's representation. ilSWERj. ` , (a) (i) International Association of darhinists (ii) Hourly production and maintenance employees (iii) First contract was effective October 21, 1958; new contracts have been negotiated upon expiration. The present agreement expires October 23, 1981. (iv) Unknown if plaintiffs were members of the union, but they were represented by the Union. (b) Unknown. (c) Unknown at this time. . 19. Has any contract with any union referred to in Question 17 contained any provision relating to safety and health at the plant. If so, (a) State as to each such contract: (i) The date the contract was signed; (ii) The terms of the provision; (iii) Identify the union and management personnel responsible for negotiating the provision; (b) Produce a copy of tae contract and all writings concerning the negotiation and adoption of each sura provision. ANSWFRl . (a) (i) See Answer to Interrogatory do. 13(a) (iii). -14- (ii) 5aa Article I, Seneral Purposes, Paragraph I, of Labor Agreements, copies of which are attached hareto as Exhibit C. (iii) All anas of tae dnion and Management Negotiating Committees are Listed in the Labor Agreements attached hereto as Exhibit C. (b) Copies of Labor Agreements are attacaad hareto as Exhibit C. Copies of writings concerning the negotiation are not available. 20. Have you had any conversations or correspondence with representatives of any union referred to in Question 17 concerning alleged asbestos health hazards or the avoidance of tnam at the plant? If so, (a) Identify, as to eaca such conversation or item of correspondence: (i) Its date; (ii) Iha parsons involved in the conversation or corraspondence; '' (iii) Tha substance of the conversation or correspondence; (b) Produce the correspondence and alL writings concerning it and all writings concerning any such conversation. ANSWER: Any sucn discussions would have been general discussions only, with no existing documentation. 21. Hava you racaived any complaints from any representative or committee of any union referred to in Question 17 or from individual workers about dust levels or health conditions at the plant? If so, (a) Identify as to each such complaint: (i) Its data; (ii) Iha parson or persons who made the complaint (iii) Tha parson or parsons to whom tna complaint was made; (iv) The nature of the complaint; (v) What action, if any, you took in response to the complaint; -15- (b) Produce all writings oncerning earn such complaint & MS HER: Any such discussions, if in fact t.ne same took place, would nave bean ganacal discussions only, with no existing documantation. 22. Has any epidemiological study or survay of employees at the plant ever been conducted?. If so, (a) Identify as to each such study or survay: (i) The-date whan it was conducted; (ii) Its conclusions or recommendations; (iii) Pile parsons who conducted it; (iv) Ida parsons to whom the study or survey was communicated and when it was communicated; Cb) Produce all writings containing or pertaining to each study or survey. ANSWER^. As Defendants understand the term "epidemiological study", such a survey has not been undertaken by Defendant at the Denison plant. Defendant assumes that this Interrogatory addresses the area of occupational disease. 23. Have you ever employed, or hired as an independent contractor, someone functioning as an industrial hygienist at the plant, whatever his title? If so, (a) As to each such industrial hygienist: (i) liantify him and state th.e dates during which he was employed or aired; (ii) State his duties; (iii) State all recommendations or comments that he made concerning the operation of the plant or maintenance of healtnful wording conditions in the plant; (iv) State what action you took in response toeach recommendation or comment; (b) Produce all writings concerning the decision to employ or hire an industrial hygienist; concerning any recommendations or comments any industrial hygienist made regarding the operation of the plant and maintenance of healthful working conditions in tne plant; and concerning your response to the recommendations or comments. -15- ANSMSRj. See Answer to Interrogatory So. 3(b). 24. Have you ever employed, or hired as an independent contractor# someone functioning as an industrial hygienist, whatever his title not located at the plant wno reviewed health and safety conditions at the plant? If so# (a) As to aach such industrial hygianist: (i) Identify him and state the dates during which he was employed or hired; . (ii) State his duties; (iii) State whan, if ever, he visitad the plant; (iv) State all recommendations or comments that he made concerning the operation of the plant or maintenance of healthful working conditions in the plant; (v) State what action you took in response to aach recommendation or comment; (b) Produce all writings concerning tha decision to employ or hire an industrial hygienists; concerning any recommendations or comments any iniustrial hygianist made regarding the operation of the plant and maintenance of healthful working conditions in the plant; and concerning your response to the re commendations or comments. ANSHESi. The following individuals have been involved in the field of industrial hygiene as the same relates to tha use of asbestos and exposure to asbestos fibers: Hugh M. Jackson Director, Corporate Training and Management Development P. 0. Box 5723 Denver, Colorado 80217 Employed by Johns-Manville since 1937; cost accountant; Industrial Relations Department; Corporate Safety Engineer. Edmund M. Eennar Director, Environmental Services P. 0. Box 5723 Denver, Colorado 80217 Employeed by Johns-lanville since 1940; Research Engineer, Engineering Project Manager; Founding Director, Environmental Control Department. -17- J. 3. Jobs 28 00 South `Jnivecsity #64 Denver, Colorado 30120 Employed by Johns-Manville sines 1935; sales clerk; staff manager; scacLal representativs to the aviation, iaiustry nationally; Regional Manager for Southern Salifornia ani operated insulation contract unit; Marcaandise Manager of Industrial Insulation Division; Sales Manager, IID: Senior officer in c.narge of five divisions including industrial insulation, packaging ani frictions, Dutch 3ra.ni, Canada, and the Fibre Division and later International; Executive Vice President and Chief Operations Officer until retirement in 1973. K. W. Smith, M.D. Deceased Previously employed by Canadian Johns-Sanville from 1944-45 as Medical Officer at Asbestos, P.Q.; Medical Director 1946-51. Medical Director, Johns-Manville Corporation, Mew York, Mew York, approximately 1952 until 1966. F. J. Solon , Vice President - Presidential Assistant Vice President - Economic Affairs P. 3* Box 5723 Denver, Coloraio 30217 Employed by Johns-Manville since 1951; Assistant Director, Director and Vice Presiient, Advertising and Public Relations; Vice President Corporate Relations; Vice President Environmental Affairs; Vice Presiient Environmental Relations. William B. Raitza Director, Health, Safety and Environment P. 0. Box 5723 Denver, Coloraio 80217 - Previously employed by CIBA Corporation in the area of toxicology, pharmacology; inspector with 0. 3. Department of Healtn; Industrial hygiene health and safety, Johns-ManviLle since 1959. Clifford Sheckler 838 3. Drive , Metadeconk, Mew Jersey. Consultant Previously employed by Johns-Manville as Construction Engineer, Supervisor of Construction, Safety Engineer, Supervisor of Safety and Industrial Hygiene, Corporate Hanagec of Industrial Health, Manager of Dccupational and Environmental Control. Paul Kotin, M.D. Senior 'Vice President, Health, Safety and Environment P. D. 3ox 5723 .Denver, Colorado Employed by Johns-Manville since June, 1974. Defendant objects to the balance of this Interrogatory on the grounds that the same is overly broad, unduly burdensome, and not reasonably calculated to lead to tie discovery of admissible evidence. -13- 25. Hava you ever employed, or hired as an independent contractor, any person, other than an industrial hygienist, who reviewed health and safety conditions at the plant? If so, (a) As to each such person: (i) Iiantify him and state the dates during which he was employed or hired; (ii) State his duties; (iii) State all recommendations or comments that ha made concerning the operation of the plant or maintenance of healthful working conditions in the plant; (iv) State what action you took, in response to each recommendation or comment; (b) produce aLL writings concerning the incision to employ or hire each such parson; concerning any recommendations or comments he mane regarding the operation of the plant or maintenance of healthful working conditions at the plant; and concerning your response to such recommendations or comments. ANSWER: Sea Answer to Interrogatory No. 24. In addition. Defendant has had a medical function beginning in the middle 1930's. Since the middle 1930's, this function was administered by John P. Syme, Director of Industrial Relations. dr. Syme is deceased. . In 1947, a formal health and nedical program was initiated for the benefit of employees of Defendant, under the administration of H. i. Jackson, Safety Director, Jonns-danville Corporation, Ken-Caryl Ranch, Littleton, Colorado. Beginning in 1952, tae health and medical program was administered by H. 3. Jackson, Manager, Industrial Health and X. Vi. Smith, 3.D., Nedical Director. Dr. Smith is deceased. Beginning in 1960, tne health and medical program was administered by C. L. Sherslar, Manager, Accident Prevention and Industrial Health and X. 3. Smith, M.D., Medical Director. Kr. Sheckler's address is 339 South Drive, Metadeconk, Saw Jersey. -19- Beginning in 1965, tie health and medical progcam was administered by C. L. Sheckler, Manager, Occident Prevention and Health Administration. Beginning in 1970 until 1972, the health ani medical program was administered by C. L. 3'neckler, Manager, Accident Prevention ani Health Administration, and T. H. Davison, M.D., Corporation Medical Director. Dr. Davison's aidress is 2069 Deerfield Road, Deerfield, Illinois. Beginning in November, 1972, to November 30, 1973, the health and medical program was administered by F. S. Marrinec, M.D., Medical Director. Dr. Marriaer's address is Mallard Crossing, Rt. 11, P. 0. Box 290, Gainesville, Georgia 30501. Beginning in 1972 until June 1, 1974, the corporate medical ani health program was administered by W. R. Reitze, Manager, Accident Prevention ani Health Administration. Beginning June, 1974 to date, the corporate medical and health program has been administered by Paul Kotin, M.D., Senior Vice President, Health, Safety and Environment. Beginning on July 1, 1977, William Paul, M.D. became Corporate Medical Director of Johns-Manville Corporation under Dr. Paul Kotin, with Dr. Kotin retaining all responsibilities as Senior Vice President of Health, Safety and Environment. 26. Have you ever employed, or hired as an independent contractor, any person having any responsibility for recommending, adopting, or developing nealth and safety policies at the plant or elsewhere? If so, (a) As to eacn such person: (i) Identify him ani state the dates during which he was employed or hired; (ii) State his duties; (iii) State all policies that he recommended, adopted or developed regarding health and safety, ani state the date of each such recommendation or policy; (b) Produce all writings concerning the decision to employ or hire such a person; containing or concerning health and -2D- safety policies; coaca ning the decision to adopt or develop each such policy; and concerning your Lmplementation of each such policy. ANSWER:. Sea Answers to Interrogatories Nos. 2'4 and 25. 27. Hava you ever maintained at the plant a library or collection of books, articles, or other writings dealing with the health consequences of asbestos exposure? If so, (a) State: (i) The date you began maintaining the library or collection; (ii) The titles of all books, articles, or other writings in the library or collection; (iii) The date eac.n book, article or. other writing was acquired; (b) Identify all persons who had access to the library or collection; (c) Produce all writings dealing with the decision to maintain such a library or collection. ' ANSWER: Such materials may hive been maintained by various employees on an individual basis, out no formal library exists at the Denison plant. Company-wide policies relative to asbestos and health would have been established by corporate personnel at Defendants' Headquarters, where such a library is maintained. 23. Have you ever maintained at a location otner than the plant a library or collection of books, articles, or other writings dealing with tae health consequences of asbestos exposure? If so, (a) State: (i) The iate you began maintaining the library or collection; (ii) The titles of all books, articles, or other writings in the library or collection; (iii) The date eaca book, article or other writing was acquired; (iv) Whether personnel at the plant have or may obtain access to the library or collection; -21- (b) Identify all parsons who had access to the library or collection; (c) Produce all writings dealing with t.ne decision to maintain such a library or collectLon. ANSWER; Yes. (i) Formally established with a full-time librarian in 1974, at Defendant's neadquarters in Denver, Colorado (ii) A 700-page bibliography of the materials contained in this library is available for inspection and/or copying at the offices of Defendant's counsel. (iii) It would be impossible, as wall as extremely burdensome, to state a specific date when Defendant acquired each document in said library. Seneraliy speaking. Defendant has become familiar with the major publications on the subject of asbestos and health contemporaneously with their publication. (iv) Yes. (b) All employees of Defendant. (c) Defendant objects to this subpart as being irrelevant and immaterial in the case at bar. 29. Have any of- your personnel at the plant ever subscribed to or otherwise received any periodicals or other writings pertaining to asbestos or to occupational health oc safety? If so (a) State as to each such periodical oc other writings (i) The name of the periodical oc other writing; (ii) Tne dates during which it was received; (iii) Identify the person or parsons who received it; (b) Produce ail copies of the periodicals or other writings that were received. iiiSKSSi. Subscriptions may have been maintained on an individual basis by various employees, however, no specific records of same exist over such a long period of time, with the exception of the following; Z. 5. Smith began receiving "Asbestos Facts" beginning in June, 1980; F. E. Sott began receiving "Occupational Health and Safety" in 1978. Defendant objects to furnishing copies of same -22- on the grounds that thay ara a matter of public racori and readily available to Plaintiff. 30. Hava any of your personnel who are located alsewhera than at the plant subscribed to or otherwise received at any time since the plant was first operated any periodicals or other writings pertaining to asbastos or to occupational health or safety? If so, (a) Identify as to each such periodical or other writing: (i) Tha name of the periodical or other writing; (ii) The dates during which it was received; (iii) Identify tha person or persons who received it; (b) Produce all copies of the periodicals or other writings that were racaivad. AKSWEg.^. Yes. It would be impossible for Defendant to state with certainty each publication received over such a long period of tima by such a large number of employees. Howavar, in an effort to be responsive. Defendant attaches hereto as Exhibit D list of subscriptions maintained by Defendant's Department of Health, Safety and Environment library. Defendant objects to Plaintiff's request to produce copies of all periodicals on the grounds that tha same is overly burdensome, and on tha further grounds that such publications are a matter of public record and are equally available to Plaintiff. 31. Have any of your personnel at the plant aver been members of, or attended any meetings of, any trade association or other organization concerned with asbestos, asbestos-containing products, or occupational health and safety? If so, (a) As to eacn such person: ' (i) Identify the person; (ii) Stats the name and address of each organization to which na belonged or whose meetings ha attended; (iii) State tha dates during which-ne belonged to each organization -23- (iv) Stats ths dates of any meetings of each organization tnat ha attended; (v) Stats whether ns belonged to any committees of each organization and, if so, state the name of sach committee and the dates during vnica he belonged to it: (vi) State the name of any periodicals that ha received from each organization; (b) Produce copies of aLl writings received from each organization. AUSSSR; generally, such memberships were maintained at the corporate level, as sat forth in Answer to Interrogatory No. 32. In addition, Cecil Smith of the Denison plant has bsan a member of the Texas Safety Association, Inc., 5014 3ull Creak. Hoad, Austin, Texas, since 1977. Ha attended meetings from June, 1977 to the present. As to subparts (v) and (/i), no. 32. Havs any of your personnel located elsewhere than at the plant, at any time since the plant was first operated, been members of, or attended any meetings of any trade association or other organization concerned with asbestos, asbestos-containing products, or occupational health a.id safety? If so, (a) As to eacn such person: (i) Identify the person; (ii) State the name and address of .each organization to which ne belonged or whose meetings ha attended; (iii) State the dates during which ne belonged to each organization; (iv) State the dates of any meetings of each organization that he attended; (v) State whether ha belonged to any committees of each organization and, if so, state the name of each committee and the dates during wnizh he belonged to it: (vi) State the name of any periodicals that ha received from each organization; (b) Produce copies of aLl writings received from each organization. -24- ANSWER : Johns-rlanvilLe belong s or has belonged to tha following organizations: Thermal Insulation Manufacturers 441 Lexington Avaaue Sew York, SI 1DD17 (approximately 1959 to present) Association, Inc. National Insulation Contractors 8630 Fenton Street Silver Spring, JD 20910 (10/66 - present) Assn. National Insulation Manufacturers 441 Lexington Avanue New York, NI 10017 (approximately 1958 - 1958) Association, Inc. Asbestos Information Association/Horth Suita 402 1835 K Street, N.W. Washington, D. C. 20006 (approximately 1971 to present) America Asbestos Textile Institute P. 0. 3ox 471 Willow drove, PA 19090 (11/16/44 - 1973) Quebec Asbestos lining Association. Suita 412, 5 Place Ville Marie Montreal, Canada H3B 2G2 (approximately 1930 to present) Asbestos Cement pipe Proiucers Association Suite 1308 1600 Wilson 31vi. Arlington, VA 22209 (approximately 1972 to present) Asbestos Cement Product Assn, (defunct) New York, NY (approximately 1955 - 1957) . Defendant objects to tha balance of this Interrogatory on tha grounds that the same is overly broad, unduly burdensome and not reasonably calculated to lead to tne discovery of admissible 33. Have you, as distinguished from any of your personnel, ever been a mernoer of any trade association or other organization concerned with asbestos, asbestos-containing products, or occupational nealth and safety? If so, (a) As to each such organization, state: (i) Its name and .address; (ii) Tha dates during which you belonged to it; (iii) The dates of any of its meetings that any of your personnel attended; -25- (iv) Whether you or any of your personnel belonged to any of its committees ind, if so, stata the name of aach such committee, ani tna dates during which you or any of your personnel belonged to tna committee; (v) Ml parsons currently employed in the division, offica, branch, or department; (b) Produce all writings concerning tha decision to maintain such a division, office, arancn, or department; all annual or other reports mala by such division, offica, branch, or department; and all writings produced by it concarning the maintenance of healthful working conditions at any of your plants. MSWERj. See Answer to Interrogatory No. 32. Defendant does not understand Plaintiff's meaning in subparts (a) (v) and (b) of this Interrogatory and therefore oojects to those subparts on the grounds that they are incomprehensible. 1 35. Have any of your officers or employees aver contributed to any trade, professional, or other periodical or association any article, paper, speech, or other writing concerning the properties of asbestos or the health consequences of asbestos exposure? if so, (a) Identify as to aach such article, paper, speech, or other writing: (i) The author and title; . (ii) Ina periodical or other form in which it appeared or was delivered; (iii) The date when it appeared or was delivered; (b) Produce a copy of aach such article, paper, speech, or other writing ani all documents pertaining to its preparation, composition, or delivery. ANSWER Defendants object to this Interrogatory on the (a) Stats dc identify as to each sacn research project (i) The ?=rson wno conducted the research; (ii) The dates when the research was conducted; (iii) The nature of the research; (iv) The conclusions or recommendations, if any, reached as a result of tne researcn; (v) The amount of money spent on the research; (vi) The full citations of any articles, papers. books, or other writings published or prepared as a result of the research; (b) Produce all writings containing tne results of this research or pertaining to it. A NSWER: See Answer to Interrogatory No. 37. 37. Have you ever sponsored, contributed to, or cooperated in any research conducted by persons not employed by you into the health consequences of asbestos exposure or into methods of controlling asbestos dust? If so, (a) State or identify, as to each such research project (i) (ii) The person w.io conducted- tne research; / The dates when the research was conducted; (iii) The nature of the research; (iv) The conclusions or recommendations, if any, reached as a result of the researcn; .' (v) Tne manner in which you sponsored,- contributed to, or cooperated in tne research; (vi) The amount of money spent on the research; and the portion that you contributed; ' (vii) The full citations of'any articles, papers, books, or other writings published or prepared as a result of the research; Jo'nns-Manville Corporation contributed funds to sponsor animal research on the effaces of asbastosis at the Saranac Laboratory of the Trudeau Foundation in up-state New York commencing in 1928. The funds were contributed by Defendant and/or Jonns-tfanville Corporation in the form of premium payments and assessments to the Metropolitan Life Insurance Company, which was the immediate sponsor. The amount of such contributions is not known to, nor determinable by Defendant. In early 1931, a report of this animal experiment was published by Dr. Leroy V. Gardner (the original director of this project) in Vol. 13 Ho. 3 (March 31, issue) of the Journal of Industrial Hvoiene. This report is entitled "Studies on Experimental Pneumonokoniosis. VI. Inhalation of Asbestos Dust: Its Effect Upon Primary Tuberculous Infection". A copy of such report is available for inspection and copying in the office of Defendant's counsel. In 1929, shortly after the launching of the Saranac studies. Defendant and/or Johns-Manville Corporation and other companies in the asbestos industry asked the Metropolitan Life Insurance Company to determine whether asbestos dust was an occupational hazard and, if so, the nature of tae hazard and what could be done to control it. The amounts of Defendant's and/or Johns-Hanville Corporation's contributions in the form of increased, premiums and assessments is not known to, nor determinable by Defendant. The Industrial Hygiene Division of the Department of Public Health of the ScCill University Medical School in Montreal assisted Metropolitan Life in tnis research. The results were published in 1935 in the Public Health Reoorts, Vol. 50, Ho. 1, issued by the U. 3. Public Heaitn Service in an article entitled "Effects of the Inhalation of Asbestos Dust on the Lungs of Asbestos Workers" by undertaken at t'na Sarani: Laboratory. The Quebec A bestos Mining Association ("2AMA"), o which Johns-Manvilla Corpo ation w-as and is a principal member, co ntributed to this new rase a rch. A report on tnis research was ieli vered at the Seventh Saran a c Lakes Symposium in 1952/ ani wa s entitlei "Pulmonary Funs t ion Studies in Men Exposed for Ten or Mo re Years to Inhalation of A sbestos Fibers'* by Fernand Gregoi re and George A. Aright, A copy of such report is available for i nspection and copying in t h e office of Defendant's counsel. Another report arisi ng out of the industry-spo n sored studies at Saranac Laboratory was entitled "Experimental St i dies of Asbestosis". It was writ tan by Arthur J. Vorwald, r nomas M. Durkin and Philip C. Prat t, and appeared in the A.M A. Archives_of Industrial Hygiene and 3c cunational'Medicine in Jan u ary, 1951, at Vol. 3, Page 1. A copy of this paper is available f o r inspection and copying in the office of Defendant's counsel, In the early 1950's, an animal research projec t to investigate the reported association between asbest 0 s exposure and lung cancer was begun at Saranac Lake and funded by QAMA. A report entitled "Asbestos is and Pulmonary Cancer" b y Arthur J. Vorwald was released in 1 952. A copy thereof is av a liable for inspection ani copying at the office of Defendant's counsel. Another project *as an epidemiological study o r . lung cancer among asbestos miners in the Province of Quebec in anada. This study was also sponsored by QAMA, and, again Johas- s anville Corporation furnished a s ignificant portion of the unding. The study was conducted by Da niel C. 3raun--and T. David Truan for the Industrial Hygiene Foa.nia tion of America, Pittsburg a Pennsylvania. The study was completed in 1957 ani o ublisned in the June 1958, Vol . 17 is sue of the A.H-A. Archives of Industrial Inter-tracheal injection experiments on test animals were conducted by the Industrial Hygiene Foundation of America (and completed in July, 1958) using asbestos fiber taken from a mine of Johnsdanville Corporation. Jonns-.ianville Corporation contributed $1/250 to this study. This study is entitled "The Pulmonary Response to Coalinga Asbestos Dust: A Preliminary Investigation", by Paul Gross, et al. A copy of tais study is available for inspection and copying at the office of Defendant's counsel. Defendants have contributed tna time of personnel and data to a seven to ten year environmental clinical and epidemiological study of workers exposed to asbestos which is now being conducted by the Division of Occupational Health of the United States Public Health Service and is entitled "Asbestos Industry Study: U. S. Public Health Service". The following reports relate to and/or are based on such study: "Measurement of Asbestos Exposure" by Jeremiah S. Lynch and Howard E. Ayer published in tae Journal of Occupational Medicine (January, 1958), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Research on Health Effects of Asbestos" by Lewis J. Cralley, et al., and published in the Journal of Occupational Medicine (January, 1968), a copy of which is available for inspection and copying in the office of Defendant's counsel. "The Role of Trace Metals in Chemical Carcinogenesis-Asbestos Cancers" by J. R. Dixon, et al., unpublished, out presented at the International Congress of Occupational Health, Tokyo, Japan, (September, 1959), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Identification and Control of Asbestos Exposures" by Lewis J. Cralley, uapublisasi but presented at the International Congress on Occupational Health, Tokyo, Japan (September, 1959), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Techniques for tna Detection, Identification and Analysis of Fibers" by Robert C. Keenan and Jeremiah R. Lynch published in the American Industrial Hygiene Association Journal (September - October, 1970), a copy of which is available foe inspection and copying in the office of Defendant's counsel. "Fibrous ani Mineral Content of Cosmetic Talcum Proiucts" by Modified Inorganic Fibrous Micr oparticles" which was commenced November 1, 1969 and was completed October 31, 1970. The purpose of the study was to explore the development of new biological test systems for fibrous materials and c.o determine the affect on biological activity of asbestos finer which has been coated with a variety of physical and/or chemical substances. A related study wnich was funied by Johns-Manville Corpo ration to the extent of $25,000 produced a report entitled "Asbestos Hemolysis" by R. J. Schnitzar and F. L. Pundsack. (an employee of Defendant), which was reported in March, 1969 and published in Environmental_Researca.) January, 1970). A copy thereof is available for inspection and copying in the office of Defendant's counsel. Johns-Manville Corporation has contributed $70,000 to the Industrial Hygiene Foundation of America's "Fibrous Dust Study". Ihe purpose of this program is to investigate factors involved in the pathogenicity of major varieties of asbestos fiber to determine the true nature of ferruginous bodies. Reports related to and/or based on this study include the following: "Proceedings Fibrous Dust Seminar" of the Industrial Hygiene Foundation of America, publisned in its Medical_Sarias Bulletin Mo. 16-70 (November 22, 1968), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Experimental Asbestosis: The Development of Lung Cancer in Rats with Pulmonary Deposits of Chrysotile Asbestos Dust" by Dr. Paul Cross, et al., published in the Archives of Environmental Health, Vol. 16, (Sept. 1967), a copy of which is available for inspection and copying in the office of Defendant's counsel. "The Pulmonary Response to Fibrous Dusts of Diverse Compositions" by Dr. Paul Gross, et al., published in the American Industrial Hygiene Association Journal. Vol. 31 (March, April, 1973), a copy of which is available for inspection and copying in the office of Defendant's counssl. "'Ferruginous 3odies' in Guinea Pigs" by John M. 3. Davis, et al., published in tne Archives of Pathology, Vol 89, (April, "Pulmonary Ferruginous Bodies in City Dwellers, A Study of Iheir Centre! Fiber" by Dr. Paul Cross, et el., published in the Archives of Bavinoninental Health, Vol. 19 (August, 1969 ), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Ferruginous Bodies in Human Lungs", by Michael D. Utidjian, et al., published in the Archives of Environmental Health, Vol. 17 (September, 1968), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Asbestos Bioeffects Research for Industry"-, by the Industrial Hygiene Foundation of America, Inc., published in its Medical Series, Bulletin lo.__1J. ( 1366), a copy of which is available for inspection and copying in the office of Defendant's counsel. 2AKA is sponsoring a study of the health effects of asbestos, if any, on workers in the asbestos cement manufacturing industry in the New Orleans area. The total funding of this study is $200,300 and Defendant and/or Johns-Manville Corporation is furnishing approximately $142,000 of the sum through 2AMA. In addition, Johns-Manville ..Corporation is contributing time of its personnel. This study began in 1959 and is concentrating on the healtn status of present and past employees in the plants of Defendant and National Cypsurn Company in and around New Orleans and has generated the following: "Asbestosis in Bnterline, and Oct. 1972), a copying in the Asbestos Cement. Workers" by Philip E. Hans Weill, presented at LYON Conference, copy of which is available for inspection office of Defendant's counsel. and "Radiographic and Physiologic Patterns Among Workers Engaged in Manufacture of Asbestos Cement Products, a Preliminary Report", by Hans Weill, et al., published in the Journaltof Occupational Medicine. Vol. 15 (Mar. 1973) a copy of which is available for inspection and copying in the office of Defendant's counsel. "Lung Function Conseguences of Dust Exposure in Asbestos Cement Manufacturing Plants" oy Hans Weill, at al., published in Archives of Environmental Health. Vol. 33, (February, 1975), a copy of which is available for inspection and copying in the office of Defendant's counsel. The Institute of Jccupational and Environmental Health of QAMA is conducting a study to relate the health status of the "qualitative Aspects of Dust Exposure in the Quebec Asbestos lining ani Killing Industry" ay G. W. Gibbs, presented at th Third International Symposium .on Inhaled Particles, British Dccupational Hygiene Society, London, (September, 1970), a copy of which is available for inspection ani copying in the office of Defendant's counsel. "Epidemiology of Primary Malignant Mesothelial Tumors in Canada" by A. D. McDonald, et al., published in CASCES Vol. 25, So. 4 October, 1970), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Mortality from Lung Dancer and Other Causes in the Chyrsotils Asbestos Minas and Kills of Quebec" by Dr. J. Corbett McDonald, et al., published in the Arcnives of Environmental Healtn, Vol. 22 (June, 1971), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Recent Developments in Asbestosis", by Dr. Prsmysl V. Pelnar, published in Studia Laboris et Salutis (1970) a of which is available for inspection and copying in the office of Defendant's counsel. copy Johns-Manville Corporation also paid for certain studies by Dr. Kenneth K. Smith who was then a full-time employee of said corporation. Reports of Dr. Smith's studies are as follows: " Asbestosis" printei in The _Pnieumoconioses by Kenneth W. Smith (approximately 1963), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Pulmonary Disability in Asbestos Workers" by Kenneth W. Smith printed in the A.M.A. Archives of Industrial Health, Vol. 12 (August, 1355), a copy of which is available for inspection and copying in the office of Defendant's counsel. 'Trends in the Healtn of the Asbestos Worker" oy Kenneth W. Smith published in the Annals of the Vew fork Academy of Sciences, Vol. 132, Article 1 (Dec. 1965), a copy of which is available for inspection and copying in the office of Defendant'^ counsel. . In January, 1977, Jon.ns-Manville Corporation contributed $250,000 to the Kt. 3inai School of Medicine to fund a mesothelioma treatment study and program. This was a cooperative effort by the Corporation and the Heat, Frost Insulators Union with the Union contributing a like amount toward the funding of this Program. The director of the Program is Dr. Irving J. Selikoff (1) To develop improved methods for minimizin g inhalation by insulation vor.-tars of dust and fumes anco unbared in their work; (2) To disseminata -cnowladge of those improve d methods of . dust and fuma control wharaver they may b a applied advantageously; and (3) To offar cooperation, advice and assistan ca toward universal adoption of these methods. The Program Director is Irving J. Selikoff, M. 0., Director of the Environmental Sciences Laboratory, Mt. Sinai 3c hool of Medicine, New York, Maw fork. These studies have n ot been concluded. Reports have bean published from time to time and circulated to tha trade through the union and are p resumably available to Plaintiff's attorney through tha Dirac tor of the Program, Dr. Irving J. Selikoff. In 1969-1970 at D afendant * s Research and Engineering 2enter at Manville, New Ja rsay, tests ^ were conducted for tha Insulation Industry Kygiena Research Program by Thomas J. Saaks and Allan F . Burns. A c opy of the raport on such tasts entitled "Performance of Dust Respirators against a Fibrous Dust" by Messrs. Beaks and Burns, published in American Industrial Hyoiana Association Journal ( Ma y-June, 1970) , is available for copying at the office of Defendant 's counsel, Additionally, an epidemiological study of tha biological affects of asbestos iust among tha Port of Genoa an d LaSpazia Arsenal insulation workers, among othars, is being conducted by the Clinica del Lavoro, Milano, Italy, under the sp onsorship of the Institute of Occupational and Environmental Hea 1th, which Institute in turn is funded by the Quebec Asbestos Mining Association. Defendant is tha principal contribute r to the funding of tha Quabac Asbestos Mining Association. This study was Defendant, througn its membership in the National Insulation Manufacturers Association/ has funaed/ in part, the studies conducted by Dr. Clact Cooper, et al, at the University of California at Berkeley. The following have bean generated by this study: . ''Industrial Hygiene for Insulation Workers", by J. Leroy Balzer, published in the Journal of Occupational Medicine (January, 1963), a copy of which is available for inspection and copying in the office of Defendant's counsel. "environmental Exposures in tie Insulation Trade" by J. Leroy Balzer, published in MICA Outlook (April, 1970), a copy of which is available for inspection and copying in the office of Defendant's counseL. "Evaluation and Control of Asoestos Exposures in tne Insulating Trade", by Clark W. Cooper and J. Leroy Balzer, 2nd International Conference Biological Effects of Asbestos, Dresden, (1963), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Asbestos In Relation to the Type of Fibre and Dose in the Insulation Industry", by W. CLark Cooper and J. Miedema, LION Conference October, 1972), a copy of which is available for inspection and copying in the office of Defendant's counsel. . The first of the studies under the direction of Dr. Cooper, mentioned above, was published in the Journal of Drruoational Medicine (January, 1953) and reported to numerous parsons and entities including the Eleventh Annual Western Industrial Health Conference. The second study directed by Dr. Cooper, referred to above, was published in tne National Insulation Contractors Association's magazine Outlook during or about 1970. 33. Have you ever maintained any research laboratory or division at the plant? If so, (a) State or Identify: (i) The late when this research laboratory or division was established; (ii) The nature of the research performed there, including specifically wnether any research was conducted into the (iv) All parsons who have headed it since the plant was first operated; (b) Produce ail writings dealing with tne decision to maintain the researcn Laoocatory or division. ANSWER,! Not to trie bast of Defendant's present knowledge. 33. Have any of your personnel located at tne plant ever attended any conference, symposium, or other meeting concerned with tne health consequences of asbestos exposure, the proper methods of working with asbestos or methods of controlling asbestos dust? If so, as to each such conference, symposium, or meeting: (a) State or identify: (i) Tne parson or organization that sponsored it (ii) The date and place it was held; (iii) lour personnel who attended it; (iv) All information provided there concerning the health consequences of asbestos exposure, the proper methods of working with asbestos, or methods of controlling asbestos dust; (b) Produce alL writings distributed at or concerning the conference, symposium, or meeting. A NSWEB: Defendant is unable to respond to this Interrogatory, as no documentation is available, with the exception of a meeting held in 198J, which is irrelevant in the case at bar. 40. Hava any of your personnel located elsewhere than at the plant ever attended any conference, symposium, or other meeting concerned wit.n the health consequences of asbestos exposure, the proper methods of wording with asbestos or methods of controlling asbestos dust? If so, as to each such conference, symposium, or other meeting (iv) Ml information provided theca concerning the health consequences of asoestos exposure, the proper methods of working with asbestos, or methois of controlling asbestos dust (b) Produce alL writings distributed at or concerning the conference, symposium, or meeting. ANSWER; Defendant has attended many meetings and, to its knowledge, every significant seminar, conference or convention anywhere in the world where the biological effects of asbestos were discussed by the world's foremost authorities on the subject The following are tne major conferences where the subject of occupational health and exposure to asbestos was discussed; sponsoring organizations are indicated where known. Oxford vien New York Cambridge Vienna Cincinnati Dresden Tokyo 1950 L954 1954 1955 1956 - 1957 - 1958 1959 - Inhaled Particles and Vapours - British Occupational Hygine Society International Congress on ftsbestosis - Cham'ore Syndicale ie I'Amiante t Biological Effects of Asbestos New York Academy of Sciences Inhaled Particles and Vapours II - 3ritish Occupational Hygiene Society XV. International Congress on Occupational Health - Premanent Commission and International Association on Occupational Health . X-Ray - Meeting of Experts on Radiology of Asbestosis International Union Against Cancer (UICC) Biologische Hirkungen des Asbestes - East Ssrmany Society of Occupational Medicine XVI. International Congress on Occupational Health - Permanent Commission and International Association on Occupational Health London (UK) Sardinia Cardiff Buchar est Helsin fci Buenos Aires Lyon dontreal Geneva Brighton Edinburgh Rouen 1970 1970 - 1970 1971 1971 , 19 72 1972 1973 1973 ' 1975 1975 1975 Innaled Particles and Vapours III - British Occupational Hygiene Society deeting of the Sup-Committee International Colloquium on Asbestosis - Permanent Commission and International Association on Occupational Health, Subcommittee on A sbestosis and Symposium on the Tissue Response co Asbestos - University of South Wales IVth International Pneumoconiosis Conference International Labor Organization (ILO) Geneva International Symposium on Safety and Health in Shipouilding and Ship Repairing International Labor Organization (ILO) Geneva IVII. International Congress on Occupational Health - Permanent Commission and International Association on Occupational Health Biological Effects of Asbestos International Agency for Research on Cancer (IARC) Lyon Institute of Occupational and Environmental HeaLth - Fibres for Biological Experiments Institute of Occupational and Environmental Health (I0EH), dontreal, Canada ILO (experts) - Asbestos: Health Risks and their Prevention International Labor Organization (ILO) Geneva XVIII. International Congress on Occupational Health Permanent Commission and International Association on Occupational Health Inhaled Particles IV - British Occupational Hygiene Society Symposium Pa.thologis de L'Amiante - "Centre Henri Paris 1977 lolloque - Amiante st 1ancerogenese Humaine - ?? Washington 1977 Workshop on Asbestos: Definition and Measurement aethods - ?? Montreal 1977 International Con faranca on lancer and Environment Institute of Hematology and Oncology of Montreal Washington 1977 Occupational Exposure to Fibrous and particulate dust and their extension into the environment - Society for Occupational and . environmental Healtn Johannesburg 1977 Asbestos Symposium - Department of Mines, Government of the Republic of Soutn Africa Naw York 1978 Health Hazards of Asbestos exposures - Sew York Academy of Sciences Dubrovnik (Yugoslavia) 1978 XIX International Congress on Occupational Health - Permanent Commission and International Association on Occupational Health Caracas (Venazuala) 1978 5th International Conference on ?neumonconiosis - International Labor Organization (ILO), Geneva San Francisco 1979 International Conference on Occupational Lang Diseases American College of Chest ? hysicians Lyon (France) 1979 Biological Effects of Mineral Fibres - International Agency for Research on Cancer (IARC), uyon . ` Cardiff (UK) 1979 lariiff Workshop on In Vitro Testing - Medicali Research, lounsil ?? Mt. Ste-Marie (Quebec) 1979 Workshop on Occupational Health Standards - Society for Occupational and Environmental Health . Los Angeles 1930 Medical and Legal Aspects of Asbestos Related Disease Jniversity of Southern California The proceedings of such conferences are matters of public (b) Provision of medical examinations foe workers; - (c) Improvement of health renditions. ANSWER: Defendant's answer to (a) is split into two parts: (1) A/C (asbestos-cement) dust# (2) Other dust and fumes. Defendant's answer to (c) includes safety features as well as improved working conditions. Year A/C Dust Other Dust S. ?une Medical Exams Improved Health 1959 1960 1961 1962 1963 1964 1965 1965 1967 1963 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 $213,199 - 16,136 - 1,544 2,481 - - 11,550 3,394 3,935 4,917 16,023 57,397 176,521 - 136,634 31,130 43,749 - - - $ 6,600 - 15,587 885 1,639 2,563 4,515 9,469 3,222 29,664 23,909 - 8,071 38,799 38,045 $ 19,410 Not Avail. 6,575 6,349 7,083 7,211 3,866 Not Avail. 4,561 7,910 8,756 9,054 9,071 11,106 14,404 14,779 15,500 15,428 30,351 74,377 69,941 $ 1,621 350 1,250 2,282 11,127 5,730 1,441 2,006 7,897 7,411 11,400 13,185 21,005 10,378 2,491 1,500 - 7,447 - - 6,862 $713,765 $232,969 $335,732 $115,333 . The amounts shown above do not include any of the expenditures made for the regular r outine maintenan re of equipment because accounting record s do not show that type of detail. "Improved Health" includes safety features as well as improved working conditions. 42. State the total amount, if any, in dollars that you spent for the following purposes at all your plants during each year since the plant was first operated: (a) Dust control at your plants unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. 43. Have you ever installed any hoods, fans, sprays, bag houses, or other dust control equipment in the plant? If so, (a) State when the dust control equipment was first installed in the plant, the nature of the dust control eq-uipment that was then installed, and the nature of any modifications made in rhe dust control equipment since then; (b) State, as to each piece of dust control equipment that is currently installed in the plant: * (i) The specific type of equipment; (ii) The manufacturer of the equipment; . (iii) The specific location where it is installed; (iv) The date when it was installed; (v) Its cost; (c) Identify all persons who have had any responsibility for the purpose, design, installation, or maintenance of dust control equipment at the plant since the plant was first operated; (d) Produce all writings dealing with the purchase, installation, operation, and maintenance cf dust control equipment at the plant. ASR : Defendant objects to this Interrogatory on the grounds that the same is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. However, in an effort to be responsive. Defendant answers in the affirmative and states the following-: (a) The Denison Pipe plant was designed in 1956/57 and :ons:r:Jc*ed over 1357/53. r or'v"> !<= t-- dust collectin'1 Included in the original design was a ' "-f -*1 S---7\ ~ -x 4. r* *'> A 1 A2-1 (Mod)-7/10/59 Constructed dust enclosures over Monolithic Lathe, Mono Saw, Fitting Lathe and Boring Mill. 2. 12-136 (9/22/54) Added dust collector to tool room. 3. IP.-162 (3/4/65) Enclosed Finishing Sad Dust Collector. 4. IR-329 (7/22/68) Dust Collector installation on .1.0. A. lathe. 5. IR-330 (7/22/68) Three additional dust and scrap hoppers added. 6. IR-331 (7/22/63) Provide four dust blow-off booths. 7. 13-334 (9/24/58) Provide shed to wash off fiber pallets. 8. IS-349 (11/27/68) Add vacuum cleaner for willow area (cancels IR--335). 9. 12--363 (7/15/69) Dust collector for shipping saw (wood/sawdust only). 10. IR-335 (3/25/69) Dust system booster (for added Finishing end dust/chi p collection). 1-1. IR-404 (10/21/69) Addition of dust hoods to UPL #2. 12. 13-432 (1/30/70) Three additional dust and scrap hoppers added. 13. IR-448 (4/23/70) Construct fiber pallet washing station. 14. SC-483 (2/2/71) Add Dust Collector for Lining Sanding probe. 15. EC-512 (8/12/71) Dust Hood for 10* P/M Willow Dump S tation. 16. SC-548 (10/10/73) Unloading equipment for truck unloading of fiber. 17. SC-577 (7/31/72) Purchase 3 vacuum cleaners for acr'-'-c---- t ** 'i c? -H -u n ^ 20 C-632 (12/19/72) Finishing Dust System revision and collector for Wheelabrator. 21. EC-633A (11/1/73) Finishing "Booster Fan" Vacuum Cleaning System. 22. EC-645 (12/18/73) Supplied Air Respirator System - Dust Houses. 23. EC-669 (4/26/73) Central Vacuum System - Forming Dept. 24. R-721 (5/30/74) Replacement of lines in Negative Fiber Handling System. 25. R-817 6 817 S-1 (6/3/76) Modify Pipe Machine Willow Feeds. 26. EC-844 (8/30/76) A/C Dust Wetting Modifications. . 27. EC-845 (9/14/76) A/C Scrap Carts. ' 28. EC-769 Pneumatic Conveying System for finishing Dust. 29 . EC-741 C 741 3-1 (4/24/74) Enlarge Finishing End Dust Collector. 30. EC-782 (6/2/75) Enclosed Gate for Upper P/E Mixers. ` 31 . EC-913 (7/25/77) Dust Collector for Lining Sanding. Probe. 32. EC-947 (12/16/77) Locker Room for Willow Operater. 33. CR-926 (9/15/77) PVC Mixer Dust Collector. 34 . IE-1043 (5/30/79) Enclose Willow Station. Technical or Enoineerino Projects were as follows: ( Aitachnisnt 430 1. EP-119 (4/9/53) Evaluated Tornado Vacuum Cleaner. 2. EP-169 (10/28/71) Evaluate Dust Collection System at lining Sanding Probe. 3. ZF-170 (Sup-1, 12/13/71) Evaluate O iIPL Flextester 7 EP-359 ( 10/23/70) Z/aluate Hood Respirator for Fiber Handling. It should 03 noted tnat routine repair# maintenance# and updating of dust controlling systems occurred continuously and no specific substantiating documents ire available. (b) The dust control equipment currently installed in the plant is summarized on Data Collection Information Sheets (Attachment 43D). (c) The following list of persons have had some responsibility for the purchase, design# installation or maintenance at tne plant: H.F. Lloyd - Purchasing d. vJineinger - Purcaasing W.W. BagweLL - Plant Engineer H.T. Brode - Plant Engineer R. L. Batts - Plant Engineer J.` loung - Purchasing B. Riddle - Maintenance A. Templeton - Purcaasing S. 3urden - Purchasing 3. Hullett - Purchasing B. Adams - Purchasing 3. Perry - Design . S. Clark. - Design D. Faber - Design W. Harris - Purchasing T. Baker - Purchasing 3. dooa - Matinenance C. C. Pascals - General Engineering Dept 3. Seat - .Maintenance (a) State (i) The type of respirator usei; (ii) The manufacturer of the respirators; (iii) The late when respirators were first made available; Civ) Shetbar use of respirators is mandatory/ and if so, the data use became mandatory and the sanctions for failure to use a respirator; Cv) Shatner each of the plaintiffs in this action ever wore a respirator; (vi) r.na terms of any advice or instructions given to employees at the plant regarding the respirators; (vii) The manner by which any advice or instructions regarding the use of the respirators was given to employees at the plant; (viii) Whether any of the plaintiffs in this action were ever reprimanded or otherwise disciplined for failure to wear a respirator and, if so, by whom and on what date; ' (b) Identify all persons with any responsibility for the respirator program since respirators were first made available at the plant; (c) Produce alL writings dealing with the decision to commence or maintain a respirator program, the purcnase of the ` respirators, their provision to employees at the plant, the advice or Instructions given to employees at the plant regarding the respirators, and any disciplinary actions taken against any plaintiff in this action for failure to wear a respirator. A S3WE8; Yes. All available documentation as to the use of respirators at Denison is attached hereto as Exhibit S. The use of respiration devices is dependent upon the dose exposure. (v) rJ a t n o * n (vi) Ins term of any advice given was to be in effect until improvements were made in the design of the respirator of work, conditions. (vii) The use of respirators was explained to individuals by their first line supervisor. New procedures were covered in Safety and tforx Smarter meetings and instructions for proper usages were printed on the respirator containers. (b) Jack Hesse - Plant ianager Gil Eggleston - Plant Manager Dave Frenca - Plant Manager Lou Richards - Plant Manager John Lawrence - Plant Manager (c) See Exhibit S. 45. Hava you ever made any cnanges in the manufacturing or other processes in tne plant, or in other asbestos-related plants that you have operated, in order to reduce the amount of asbestos dust associated with tnese processes? If so, (a) State or identify as to each such change: (i) ' The nature o the change; Cii) The date of the change and the plant in which it was made; (iii) All facts that led you to make.the change; (iv) The reduction in dust levels resulting from it; (v) The parsons responsible for deciding upon and adopting the change; (b) produce all writings concerning each such change. AMSWERj. Defendants have been pioneers in the development of dust control processes, which processes were incorporated into it (i) Tna type of fiber you previously used and the suppliers of that fiber; (ii) The type of fiber you used instead and the suppliers of that fiber; (iii) The date of the change and the plant in which it was made; (iv) All facts that led you to change the type of fiber; (v) The reduction in dust levels resulting from it; (vi) The persons responsible for deciding upon and adopting the change; (b) Produce ail writings concerning each such change. ANSWERj. lo the best of Defendants' knowledge# the dust levels obtained under a given set of conditions are not dependant upon the type of asbestos fiber used. 47. Have you ever provided snowers or changa-of-clothing facilities for employees at the plant? If so# (a) State or identify: (i) The nature of the facilities provided; (ii) tfhen they were first provided; (iii) rfhetaer employees' use of them is mandatory and# if so, when such use became mandatory and the sanctions for failure to use the facility; (iv) The content of any instructions or advice given to employees to use them; (v) The parsons responsible for deciding to provide them; (b) Produce all writings concerning the decision to provide such facilities. (ii) Showers -- 1958 for any employes to use in Hourly Locker Rooms. 1973 for Willow Operators only in Special Locker Hoorn. (iii) Use of Protective doting ani respirators is mandatory in areas as described in the attached P.D.D.tf. 5.3.9.6-1? the use of showers is not mandatory but recommended to Willow Operators. Sanctions for failure to use are noted in P.D.O.H. 6.1.4.2 "Uniform application of Discipline". Page 3, Para. 8.0 "Failure to Wear Personal Protective Sguipment" P.D.3.H. 6.2.4.1, attached. . (iv) All operators are instructed (verbally) by their immediate Shift Supervisor to wear and use protective clothing and equipment provided by the Company. They are encouraged to use showers available to them in their Special Locker Room. They are further advised that violations of the P.D.O.H. 6.3.9.5-1 will result in disciplinary action. (v) This information is not presently known. (b) Any such writings could not be located. 48. Have you ever provided medical examinations for workers at the plant? If so, (a) State or identify: (i) The date when such medical examinations were :irst given; (ii) The reasons why such medical examinations were given; (iii) Ihe frequency with which each employee was examined; (iv) Whether such examinations included x-rays and pulmonary function tests; 'J (v) Whether employees' participation in such (b) Producs aLL writings concerning t.ie decision to give such medical examinations. ANSWER: Xes. (i) Since the Denison plant began operations, (ii) Company policy. (iii) Pre-employment examinationsaca conducted prior to hiring an individual. Regular exams were then offered ever two years until the DSHA regulation was adopted requiring yearly examinations for thos working with asbestos. (iv) X-cays, and also pulmonary fuactipn tests as par OSHA mandate. (v) See Answer to subpart (iii) above/ except in instances where employees refused to cooperate. (vi) Company physicians as set forth in Answer to Interrogatory No. 8. Defendant objects to the balance of this Interrogatory on the grounds that the same is overly broad/ unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. , (b) No such records are still in existence, to our present knowledge. 19. Have you ever maintained a training or orientation program for employees at t.ne plant or at other asbestos plants you have operated? If so, .. (a) State or identify as to each such program: (i) The date when the program began; (ii) Whether each of the plaintiffs in this action participated in the program; (iii) Ine terms of any information concerning health, safety, and tne proper met.nods of working with asbestos given to persons participating in the program; ANSWER : (a) Yes. (i) "Work Smarter" and Safety Heatings were held beginning with the operation of the Denison plant in 1957. (ii) Yes. (iii) Defendant does not understand this subpart and therefore objects to same. (iv) The plant managers held each department head responsible for required meetings. For the most pact, front line supervisors conducted the actual meetings. (b) Defendant has made a diligent search and has not located any such documents. In addition. New Employee Indoctrination programs originated in 1977; these meetings were organized by R. Arant, Employee Relations Supervior; N. Largent, Riant Trainer; Z. Smith/ Safety and Environmental. 50. Have you ever placed any posters, placards, or other writings in the plant to inform employees about tie health consequences of asbestos exposure or the proper methods of working with asbestos or controlling asbestos dust? If so, (a) State or identify as to each such poster, placard, or other writing: (i) The date it was placed in the plant; (ii) The location in the plant where it was placed; (iii) All information provided in it; (iv) The parsons responsible for placing it in the plant; (b) Produce all the posters, placards, or other writings, and all writings concerning the decision to place them 51 Have you ever distribute! any writings to employees that deal with the health consequences of asbestos exposure or the proper methods of wording with asbestos or controlling asbestos dust? If so. (a) State of identify as to each such writing: (i) The date it was distributed; (ii) All information provided in it; (iii) '/Ihatner each of the plaintiffs in this action received copies of it;` (iv) The parsons responsible for distributing it; (b) Produce all the writings and all writings concerning the decision to distribute them. ASSVIER: Defendant has distributed the following: A booklet entitled, "What You Should Know About Asbestos and Health1* , published by Johns-Hanville Corporation in January of 1975, a copy of which is available for inspection and/or copying at the ' office of Defendants' attorneys. Inis booklet was distributed to all employees at all locations using asbestos fiber or handling products containing asbestos fiber. A booklet entitled, "What Every Employee Should Know About Asbestos", published by Johns-Hanville Corporation in 1973, a copy of which is available for inspection and/or copying at the office of Defendants* attorneys. This booklet was distributed to all employees at all locations using asbestos fiber or handling products containing asbestos fiber. A pamphlet entitled, "Recommended Safety Practices for Handling Asbestos Fiber", published by ' Johns-Hanville Corporation in November, 1973, a copy of which is available for inspection and/or copying at the office of Defendants* attorneys. This booklet was distributed to all employees at all locations using asbestos fiber or handling products containing asbestos fiber. ' Since 1975, Defendant has made available a Catalog of Cccupational/Environmental Health and Safety Programs as listed below. All the publications, audio-visual programs and other A pamphlet entitled, "Occupational Health Guide Asbestos", publishei by Joiins-M anvil la in 1976, a copy of whicn is aviilable for inspection and/or copying at the office of Defendants' attorneys. This guide is designed as a reference for supervisory personnel. A 25-minute slide/tape presentation on industrial hygiene programs at Johns-ilanville. A 20-minuta slide/tape program on health aspects of working with asbestos. A 25-minute motion picture on occupational health risks associated with asbestos fiber. A newspaper entitled, "The Asbestos Report", published by Johns-ianville in 1975, a copy of which is available for inspection and/or copying the office of Defendants' attorneys. at In addition, over tne several years last past, there have been many oral presentations and meetings at the plant level concerning safety practices related to asbestos exposure. Also, Defendant nas cooperated with the Asbestos Information Association in the production of tne following booklets: "Recommended Work Practices - folding and Fabrication of Asbestos-Containing PLastic Products". "Recommended Work Practices - Fabric ation and Use of Asbestos Friction Materials". "Recommended Work Practices - Fabric ation and Use of Asbestos Paper Products". "Recommended Work Practices - Shop a nd Field Fabrication of Asbestos Sheet Produc ts" . "Recommended Work Practices - Use an d.Handling of Asbestos Textile Products". Such booklets may be obtained from the AIA, 15 30 L Street, N.W. Washington, D.C. 23035. Additionally, Defendants participated in 1971 through the Occupational Health and Safety Committee of the Mat ional Insulation Contractors Association in the preparati on of a booklet entitled, "Safety Reminders". Sucn booklet is avai lable from MICA, 3630 Fenton Street, Silver Spring, Maryland 2 3910, at a cost (a) State or identify: (i) The name of each publication; - Cii) The frequency of its publication; (iii) The contents of all articles in it dealing with the health consequences of asoestos exposure or the proper methods of dealing with asbestos or controlling asbestos dust; (iv) Whetaer each of the plaintiffs in this action received copies of the publication; (v) The parsons responsible for distributing each such publication; (b) Produce copies of all issues of each such publication distributed. ANSW5R: The Denison Plant puolishes a newsletter publication entitled "Pipeline - Intercom"; dates of publication vary. 53. Have you ever conducted any meetings, grievance sessions, or film shows at the plant dealing in whole or in pact with the health consequences of asbestos exposure or the proper methods of worsting with asbestos or controlling asbestos dust? If so, (a) State or identify as to each such meeting, grievance session, or film show: (i) The date it was held; (ii) All information provided there concerning the health consequences of asbestos exposure or the proper methods of dealing with asbestos or controlling asbestos dust; (iii) Whether each of the plaintiffs in this action attended it; (iv) The persons responsible for holding it; (b) Produce alL writings distributed at the meetings, grievance sessions, or film shows, all writings dealing with the decision to hold them and a copy of any film that was shown. (a) Stats oc identify: (i) me manner in which tha employees wers so informad; (ii) Ihe iata when they wers so informed; (iii) Ml iaformatLon provided to ths employees? (iv) Wnetaac each of the plaintiffs in this action was so informed; (v) The persons responsible for so informing tha employees; (b) Produce all writings containing such information or dealing with the decision to proviie it. KSHS3; (a) Correspondence, booklets, notices, etc. (i) Bulletins, Work Smarter Meetings, Safety Meetings and Labor/Managament Meetings. (ii) Jnknown. (iii) Defendants can in no way remember or recount all such information over a 23 year period. Such of such information would necessarily have been verbal. Please refer to information on this subject produced in response to the Plaintiffs' Reguest to Produce. (iv) Glenn Gage had been informed, to the bast of our information. (v) Employee Relations Manager., Department Head, General Foreman and First Line Supervisor. (b) Sea attached Monthly safety Meetings for years 1977-1979, identified as Sxhibit G. 55. Have any of your foremen, supervisors, or management personnel at the plant aver received any formal or informal training regarding tha health consequences of asbestos exposure oc the proper methods of wording with asbestos or controlling (ii) All information provided there concerning the proper metnois of woc.<i.ig with asbestos dust or the health conseguences of asnestos exposure; (c) Produce all documents regarding the training. ANSW53; See Answer to Interrogatory No. 49. Defendants have not yet located any surviving documents pertaining to information sought by this Interrogatory. Some personnel have received training througn headguarters; Defendant, however, is unable to identify such persons at this time and over the time period in question. 55. State, as to each of your present or former employees who is a plaintiff in this action; (a) The data he first worked in the plant; (b) All positions and locations in which he has worked in the plant and the dates he worked in each position and location (c) The specific tasks ne performed in each position; Cd) The name ani current address of his immediate supervisor in each position; (e) When you first became aware that he claimed to be suffering from an asbestos-related disease; (f) The manner in which you became aware that he claimed to be suffering from an asoestos-related disease; (g) Whether he has file! a claim for workman's compensation due to an asbestos-reLated disease and, if so, when the claim was filed, the docket number of the claim, and the amount of the award, if any, that ie received as a result of the claim. ANSWER; Attached as Exhibit 3 is a copy of the employment record for Xessrs. Downs and Gage. The interrogatory is otherwise objected to on the grounds that it seeks information already known in this action, concerning each su:h person's medical history, and concerning any workmen's compensation claim filed by each such parson; copies of all x-rays taken of each plaintiff; and all medical reports made to you or to each plaintiff concerning his medical condition. ANSWER; See Answer to Interrogatory No. 56. 58. Do you hava any policy regarding the retention or destruction of corporate records or other writings? If so, (a) State: (i) When the policy was adopted; (ii) What the policy is; (b) Identify all persons supervising tne retention or destruction of corporate records since the plant was first operated; (c) Produce all writings describing the policy and its adoption. ANSWER; Yes. Documents are routinely kept for a period of five (5) years, although exceptions exist in respect to certain corporate medical documents due to applicable statutes and regulations. It is not known when such a policy was first implemented by Defendant; however upon information and belief. Defendant states that such a policy has existed at least since the 1940's. Defendant objects to the oalance of this Interrogatory as being overly broad, unduly burdensome, not relevant to or tending to lead to the discovery of information relevant to this litigation, and pertaining to documents sensitive to business operations of the defendant while pertaining in no way to any issue in these lawsuits. 59. List all suppliers to the Denison, Texas facility of: (a) Raw asbestos fiber; ANSWER: A diligent search to date has results! in identification of the following suppliers: Cape Asbestos lurner-Newall, ltd. Lake Asbestos United States Government, General Services Administration General Mining and Finance Corp. Ltd. Cassiar Asbestos Corp. Ltd. Central Asbestos Company. Ltd. Eternit Johns-Manville Defendants cannot state with specificity whether additional suppliers exist, by reason of direct supply of fiber to the Denison plant or through indirect supply through another Johns-Kanville plant. 50. State the use of each such product or fiber supplied to Denison facility for each year 1953 to 1979. ANSWER: Such fiber was used in the construction of transite materials. 51. State whether pa chases o f raw asbestos fiber and/or asbestos containing prod ac t s were a ade by a purchasing agent at Denison or by a central pa chasing agent. ANSWER: Generally by a centra 1 purchasing agent located at Johns-Manville World H ea U a arters. 52. List all pur ch as i ng agent s or departments for the Denison, Texas plant a nd t ate t'nei r duty status: (a) At the ti me of purca asa; ' (b) Current ly ANSWESi. H.F. Llo r d h a s been t he Purchasing Agent for the Denison plant since it b eg a n operations ANSWER: .no. 54. For every year of operation list all products manufactured at the Denison, Texas facility. ANSWER: See Answer to Interrogatory No. 60. 55. Produce all purchase invoices, sales records, shipment vouchers, computer printouts, or other documents or indicia of purchase of asbestos fiber or asbastos containing products at the Denison facility for tne years 1953 through 1979. ANSWER: To the bast of our present knowledge, no such invoices or records exist pertinent to the period subject to these lawsuits. This Interrogatory is oojectea to insofar as it seeks such documents prepared subsequent to the last date of claimed exposure to asbestos or asoestos-containing products by these Plaintiffs on the ground that such documents are not relevant to these lawsuits. 56. With respect to raw asbestos fiber purchased or supplied by any subsidiary or affiliated company of Johns-Sanvilla, state when: (a) ft warning label was first attached to bags or containers of fiber; (b) ft letter to workers was issued advising specifically of the risk of containing: (i) Asbestosis; . (ii) Lung cancer; (iii) desotnelioma. ft NSWER: Defendant placed warning notices on the packaging of its asbestos fiber. The warning libels and the dates of use are as follows: CAUTION CAUTION CONTAINS ASBESTOS FI3ER AVOID CREATING DUST 3REATHINS ASBESTOS DUST MAY CAUSE 3S3IOUS BODILY HARM C1372-1978) CAUTION CONTAINS ASBESTOS FIBERS AVOID 3REAE HISS DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM SMOKING GREATLY INCREASES THE RISK OF SERIOUS 30DILY HARM (1978-PRESENT) Use of warning labels was commenced during 1969. The label in us; from 1972 to 1973 was prescribed by the United States Department of Labor, Occupational Safety and Health Administration (OSHA) pursuant to 29 C.F.R. Sec. 1910.1001, such regulation being promulgated by OSHA in 1972. This label was revised by Defendant to include a no-smoking warning, implementation of which commenced in November, 1973. Defendant also places this warning on all bags containing asbestos fiber in five additional languages; i.e., French, Dutch, German, Spanish and Japanese. 57. State whether any company defendant in this litigation was a member of any trade association or association or organization of asbestos producer which this defendant was a member of and, if so, _ (a) List each such company defendant and organization. ANSWER: Defendant oDjects to this Interrogatory on the grounds that the same is overly borad and unduly bucdensome. In addition. Defendant states that the proper source for such (a) Whether said entity is still in existence; (b) Whether a ni how sail entity has been purchased, mer g ad , combined or ab 30 road or tai en over by another John s- Hanville entity. A NSWER: Jonns-Ma nv ilia Produc ts Corporation owned and oper at ad the Denison f ac ility from September 21, 1955 until Dece mb er 31, 1975, at wh ich time Jo hns-Manville Products Corp or ation was merged i nto Johns-4 anvilla Sales Corporation, 5 9. List all asb as tos fiber t ypes and grades and sizes empl oy ed in the manufa ct ace of asbe stos cement pipe at the Denison f aci li ty for each year 0 f operation A NSWER: Defendan t objects to this Interrogatory on the grou ni s that the same CO astitutes t rade secrets. Defendant ob je ct s further on the 3 coJiiis than the same is irrelevant and imm a te rial in the case a t bar. In an effort to be responsive, see Answ er to Interrogator y No. 46. 73. State whethe r bids or spa cifications are entertained or exte ni ad or accepted f or asbestos f ibers obtained from suppliers and, i f so, where reco r d s of same c an be obtained, A NSWER; Defendan t objects to this Interrogatory on the grou ni s that the same is irrelevant , immaterial and not reasonably calc ul ared to lead to th 3 dis covery of admissible evidence, 71. With respect t 0 raw asb es tos fiber, state, whether bids, sales or purchase or shi pm ant or ot her records indicating receipt or purchase of asbestos fiber are n aintained: (a) Separate! y for the D enison facility; (b) Saparatel y for the \ sbestos Cement Pipe Division for each year 1958-1980. ANSWER: Defendan t objects to this Interrogatory on the grounds that the same is irrelevant , immaterial and not reasonably purchase, receipt or other indicia of the obtaining of asbestos fiber for use at Denison. j^NSWSRi Defendant objects to this Interrogatory on the grounds that the same is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. 73. For eacn year of operation at Denison, state with specificity the manner or method of: (a) Ordering raw asbestos fiber for Denison; (b) Ordering raw asbestos fiber for the Asbestos Cement Pipe Division; . (c) Receipt of bids or purchase orders, snipment records or other indicia oE purchase from suppliers of asbestos fiber to Denison; (d) Receipt of asbestos fiber to the Asbestos Cement Pipe Division. ' ANSWER: Defendant objects to this Interrogatory on the grounds that the same is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. 74. State whether or not OSHA has ever reprimanded, cited, fined or sanctioned the Denison plant for violations of the Occupational Safety and ilealth Act, and if it has specify: (a) The date of the inspection which lead to any such action; . (b) The date of the notice to the Denison plant of any such action; ' (c) The exact nature of such action / (d) The amount of any fine assessed against Defendant; (e) The exact reason or reasons for any sjc h reprimand. fine or sanction; (f) Produce any all all notices of violations ANSWER: Defendant oojects to this Interrogatory' on the groanis that tna same is overly broad, unduly burdensome and not reasonably calculated to Lead to tie discovery of admissible evidence. This Interrogatory seeks information for beyond the issues raasonably related to these lawsuits. Dated this 5jL_ day J-nnun-rr ,^^3 1 Thompson 3 Sir ^iaaoas mm By: _ ______ \ttorney for Defendants Johns-Manville Corporation, Johns-Manville Sales Corporation, successor by merger with Johns-Sanville Products Corporation, Johns-Hanville International, and Canadian Johns-Manville Asoastos Ltd. 2300 Republic National Bank Bldg. Dallas, TX 75201 (214) 655-7500 AFFIDAVIT STATE OF COLORADO ) ') COUNTY OF JEFFERSON ) ss:. . R. B. VON WALD being duly sworn according to law deposes and says he is Corporate Counsel of JOHNS-MANVILLE CORPORATION, a defendant in this action, that he is authorized to make this Affidavit on its behalf and that the facts set forth in the foregoing pleading have been supplied to him by others upon whom he relies and are true ana correct to the best of his knowledge, information and belief. Sworn and subscribed to before me this day f M Ctf\ \ i-florv. 1981. My Commission expires Noy. 12, 1984