Document N2jbkN3z6EQE0OxOXZjGD9ZNw

FILE NAME International Nickel Corporation INC DATE 1995 DOC INC005 DOCUMENT DESCRIPTION INCO's Answers to Plaintiff's Interrogatories ANSWER INCO objects to this Interrogatory on the grounds that it broad unduly vague and not limited in time Without overly attached hereto is waiving objection a photocopy of a warning which is placed on asbestos- cWoensttaiVniirngginpiraoducts which are identified in the INCO plant in Huntington 23 Identify all documents in your possession regarding the health hazards of exposure to asbestos ANSWER INCO objects to this interrogatory on the grounds that it is overly broad unduly burdensome and goes beyond the scope of permissible discovery INCO has hundreds of employees and it has no way of determining whether individual employees have documents which may concern the health hazards of exposure to asbestos Without waiving this objection and specifically subject to it INCO has found the following documents which contain some information regarding asbestos a Occupational exposure to asbestos 1972 Department of Health Education and Welfare b Use in handling of asbestos textile products Asbestos Information Association C. Industrial hygiene 1938 L.B. Chenowith W. Machle and H. Schneider d Occupational Hazards of the Work Environment 1969 M.P. Mayers e Introduction to Respiratory Diseases 1964 National Tuberculosis Association f The Nature of Occupational Cancer 1974 D.B. Dinman g Industrial Toxicology 1969 L.T. Fairhall h Industrial Hygiene Highlights 1968 L.B. Cralley 19 i IARC Monongraphs Evaluation of Carcinogenic Risk of Chemicals to Man 1973 International Research on Cancer Agency for j Asbestos Its History and Use at IAI dated November 1986 11 Additionally see documents listed in response to Interrogatory No. 11 24. Have you ever developed a written program concerning asbestos control on your premises in West Virginia or on corporate wide basis If so when was the program first implemented Identify all documents and witnesses concerning such program ANSWER Objection is made to this vague In particular the phrase asbestionstecrornotgraotloriys o nont tshueffgicrioeunntdlys dtehfaitneids so as to allow INCO to respond Without this waiving objection and specifically subject thereto please see response to Interrogatory No. 11 25. a Identify all documents in your possession concerning communications made to contractors or employees of contractors regarding information about potential hazards of exposure to asbestos or the need to take precautions in connection with handling containing products ) Identify all witnesses concerning such documentation information b Describe all efforts about the health hazards you have of asbestos made to communicate to contractors on your premises or to employees of contractors on your premises Identify all documents and witnesses concerning such effort 20 ANSWER See Answer to Interrogatory No. 22 standard contractor Additionally INCO's requirements contaiangsrienesmtreuncttiP onsE to G contcroancttroarcstor safety and environmental of this document will be made concerning asbestos Copies mutually agreed upon time and palvaacielable for inspection and copying at a 26. When did you first learn of any threshold limit value regarding exposure to containing products ANSWER Objection is made to this is a interrogatory on the grounds that INCO corporation and a corporation cannot learn but can only acquire knowledge through its employees officers and agents INCO is incapable of determining when each and currently every present and former employee containing products INCO further objects to the term threshold limit as that term is not adequately defined so as to allow INCO value Without waiving these objections and specifically subjectto ptrhoepreertloy trheespfoirnsdt bmoeonktlieotn of a threshold limit value in INCO's files was found in a copy of a entitled Threshold Limit Values for Chemical Substances and Physical Agents in the Work Room Environment with Intended 1976 which was published by the American Conference of GoCvehrannmgeenstafolr 27. When did you first learn of the following article Fleischer Walter E. Drinker Philip et al A Health Survey of Pipe Covering Operations in Constructing Naval Vessels 28 No. 1 J. Indus Hygiene & Toxicology p 9-16 Jan. 1946 ANSWER Objection is made to this is a interrogatory on the grounds that INCO corporation and as such cannot learn unless through the acts of its agents officers and employees INCO is incapable of determining if and when each and every present or former employee first learned of the Drinker article Without Fleischer thereto never waiving this objection and specifically subject 21 28 Identify all documents regarding any decision made by you before 1972 in reliance on threshold limit values for asbestos ANSWER INCO has conducted a reasonable investigation and has any documents responsive to this request not found If further investigation uncovers documents responsive to this interrogatory this response will be amended 29. Identify all documents regarding any decision made by you during 1972 or afterwards in reliance on threshold limit values for asbestos ANSWER Objection is made to this interrogatory on the grounds that threshold limit value is vague and not sufficiently defined to permit a response Without waiving this objection and proper response to Interrogatory No. 11 specifically subject thereto see 30 Identify by name and address all persons who have functioned as industrial hygienist for you and provide the dates of employment of such persons ANSWER INCO has never had a position entitled industrial However INCO has employed various whose hygienist industrial hygienist persons responsibility included At present Clinton Bird is responsible for industrial hygiene Prior to Mr. Bird Joseph Barta and Ronald Simonton had those responsibilities respectively 31. a Identify by name and address all persons who have been employed as medical directors and provide the dates of employment of such persons 22 all plant Virginia b Provide the names addresses and dates of employment of physicians who have been employed at your premises in West ANSWER a director INCO had no such employee identified as a medical b INCO has made a reasonable that no physicians were inquiry and has determined employed at its facilities However the INCO plant physicians were Dr. Carr first name Moore presently unknown presently deceased Dr. Fred WV 25702 deceased Dr. Jose Ricard 2547 Third Avenue Huntington 32. Identify all persons who have been employed by you who have been responsible for coordination of contracts with contractors who come upon your premises to perform work Provide the dates of employment and job titles for each individual ANSWER INCO objects to this interrogatory on the broad unduly burdensome and is not grounds that it is overly INCO further objects to the reasonably limited in scope as to time of the broad Any INCO use term contractor because it is overly INCO plant is employee who performed any sort of service at the plant have the technically a contractor " and numerous departments at the INCO cannot authority to enter into contracts for outside services Therefore respond to this interrogatory without further clarification 33. Identify all individuals who have been employed by you whose duties include responsibility for the safety of the employees of contractors With regard to each individual state that individual's dates of employment and job title 23 OSHA ANSWER See answers and objections to Interrogatory No. 32. pursuant to regulations the contractors Additionally employee's safety as are the employees are responsible for their own 34. Provide the names of all entities with whom you have contracted with respect to the premises identified in Interrogatory No. 1 or 2 for the performance of a Pipe fitting contract work on your premises b Boilermaker contract work on your premises C. Contract work regarding the installation or removal of containing products d Any other construction work performed by employees of contractors where incident to such work asbestos containing products were disturbed installed replaced or used in any fashion whatsoever ANSWER Objection is made to this interrogatory on the grounds that is overly broad unduly burdensome and requires information for period of time INCO has employed various an unlimited who may have hired subcontractors general contractors over the years to perform the tasks outlined above INCO INCO would not have been in contractual privity with those therefore could not identify all contractors that performed thceonttarsakcstoorustliannedd above INCO further objects to this interrogatory on the grounds that it is not reasonably calculated to lead to the discovery of admissible evidence waiving these objections and specifically subject thereto INCO is Without contractors besides those identified by the plaintiffs and INCO unaware of has verified whether those contractors not yet nature of the work INCO is performed work at INCO and if so the will continuing its investigation in this regard and supplement this response as necessary a See objection and answer above b See objection and answer above C. Objection is made to this interrogatory in that it is unlimited as to scope and time and is unduly vague INCO is determining when any containing products were installedisnocaitpacbalnenootf 24 identify the contractor that did the installation to the term removal in that is Additionally INCO objects overly broad and unduly vague Assuming MraemsotvearlMemcehaannsiceaflforts to eradicate asbestos Ohio Valley Insulation and d Objection is made to subpart d on the grounds that it oIvnetrelryrobgartooardy usnedeuklsy ibnufrodremantsioomne and is incapable of being answered Thiiss replacement or use of concerning the disturbance installation the INCO containing products in the year period that plant has existed Without waiving this objection and subject thereto INCO is currently reviewing its files and will specifically response if necessary supplement this 35. Identify the names of the suppliers and manufacturers of asbestos- containing products purchased by you for use on your West Virginia premises 2 Identify all witnesses known to you and all documents known to you concerning the purchase of containing products by you b If you had employees at you West Virginia premises who worked as insulators please identify each of those persons known to identify any documents known to and in you and you your possession relating to these persons ANSWER Unknown INCO's Purchasing Department only maintains purchase orders for seven years and current records only date back to after the point when INCO began phasing out purchases of 1989 products INCO is currently reviewing documents macinotanintead ibny iotnhegr departments and will supplement this response if necessary after future investigation 36. Have ever manufactured asbestos containing products If so please describe the nature and brand names of containing products manufactured or sold by you and the date of the manufacture or sale ANSWER No. 25 37 Please describe how containing products were used on each of the premises identified by you in response to Interrogatory Nos 1 and 2. Include in your answer what type asbestos product were used e.g. block insulation performed pipe insulation gasket materials asbestos board etc. the names of the supplier and manufacturers and describe the uses to which the products were put ANSWER INCO objects to this interrogatory on the grounds that this interrogatory is overly broad unduly burdensome and unlimited as to time and scope The INCO plant in Huntington covers numerous acres and has been in existence since the early 1920's INCO is incapable of producing a list of all containing products that were used in such a large facility over a long period of time or detailing how the products were used Without waiving this objection and specifically subject thereto see response to Interrogatory Nos 4 and 6 38. a Provide the name and date of filing and alleged disease process for all Workers Compensation cases brought against you from any facility before 1980 in which the Claimant alleges injury caused by exposure to asbestos b Provide the same information sought in 38 above for all workers compensation cases regarding asbestos brought to date against you by your employees at your premises identified in Interrogatory Nos 1 and 2 above c and 38 above Identify all documents concerning claims described in 38 26 ANSWER a None b Objection is made to subpart b on the grounds that it seeks information which is irrelevant to present claim and not calculated to lead to the discovery of admissible evidence reasonably plaintiffs Interrogatory is overly broad and unduly burdensome AFdidniatliloynatlhliys Interrogatory seeks the disclosure of medical information and former INCO concerning present subject to the employees and INCO is unable to produce such information privacy interests of those individuals without a release of an appropriate Court Order c See answer to b above 39. a Provide name date offiling and alleged disease process for any legal action concerning asbestos disease other than workers compensation cases identified in Interrogatory No. 38 brought against you before 1980 b Identify all documents concerning such claims ANSWER a b None None 40 Provide the names of all trade associations to which you were a member from 1900 to the present and include the dates of membership ANSWER Objection is made to this interrogatory on the grounds that it is overly broad unduly burdensome and unlimited to time and scope INCO has no way of determining whether any of its thousands of present and former employees belonged to trade groups Without waiving this objection and specifically subject thereto INCO has found the following organizations The dates of membership are unknown 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 .40 41 42 43 ACCL Administrative Management Society Air and Waste Management Association Aluminum Association Inc. American American American American American Association for Laboratory Board of Industrial Hygiene Chemical Society Compensation Association Concrete Institute American Defense Preparedness Association American Industrial Hygiene Association American Institute of Certified Public Accountants American National Standards Institute American Nuclear Society American Public Health Association American Society for Quality Control American Society of Safety Engineers American Society for Industrial Security American Society for Training and Development American Society of Civil Engineers American Society of Heating Refrigerating and American Trucking Associations Inc. American Tube Association American Welding Society Inc. APICS APMI Appalachian Construction Users Council ASM International ASME ASNT Association for Information and Image Association of Iron and Steel Engineers ASTM Board of Certified Safety Professionals Board of Hazard Control Management Business Foundation of North Carolina Capitol Associated Industries Inc. Catawba County Chamber of Commerce Catlettsburg Chamber of Commerce Chamber of Commerce of Greenup Counties Compensation Resources Computer Security Institute Credit Bureau of Huntington Nam 28 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Delta Nu Alpha Transportation Fraternity Edison Welding Institute Electric Metalmakers Guild Inc. Employee Relocation Council Fabricators and Manufacturers Association International Forging Industry Association Gotham Group Greater Elkhart Chamber of Commerce Inc. Huntington Area Chamber of Commerce IABC IEEE Indiana Manufacturers Association Institute of Industrial Engineers Institute of Roll Design Instrument Society International Metallographic Society Inter Group International Institute of Connector and Inter ISS Inc. Kanawha Valley Construction Users Kentucky Chamber of Commerce Kentucky Industrial Utility Customers Kentucky Motor Transport Association Kentucky State Registration Board Manufacturers Agents National Association Materials Research Society Microbeam Analysis Society National Association of Credit Management National Association of Corrosion Engineers National Association of Business Economists National Association of Desktop Publishers National Association of Accountants National Association of Manufacturers National Business Travel Association Incorporated National Business Aircraft Association Inc. National Contract Management Association National Economist Club National Electrical Manufacturers Association National Employees Services and Recreation National Fire Protection Association National Safety Council National Society of Professional Engineers National Systems Programmers Association Inc. National Welding Supply Association 29 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 Ohio Valley Accountants Association Ohio Valley Business Travel Association Pacbase Users Group Pennsylvania State University Cooperative Program in Metallurgy Piedmont Personnel Association Pittsburgh Regional Library Center Planning Forum Poole Professional Photographers of America Inc. SAE SAMPE Society for Experimental Mechanics Society for Applied Spectroscopy Society for Human Resource Management Society for Technical Communication Society of Petroleum Engineers Society of Professional Journalists Society of Trial Biologists and Lubrication Engineers Southwest Ohio Chapter of NASPA Special Libraries Association Specialty Seal Industry of the United Spectroscopy Society of Pittsburgh State Board of Registration for Tappi TEI Institute States TMS Treasurer State of Ohio State Board of Registration State Chapter of National Management State Incorporated National Association of Purchasing State Society for Human Resources Management U.S. Chamber of Commerce Water Pollution Control Federation West Virginia Chamber of Commerce West Virginia Manufacturers Association West Virginia Safety Council West Virginia Library Association West Virginia Insurers Association West Virginia Board of Accountancy West Virginia Motor Truck Association Inc. West Virginia Research League West Virginia Society of CPAs -- Charleston West Virginia Society of CPAs -- Huntington Chapter West Virginia Telecommunications Association Inc. Western Carolina Industries Inc. Wire Association International Inc. 30 131 132 133 WordPerfect User Support Group World Future Society WVNTA Safety Management Council 41 State whether you were at any time a member of the Quebec Asbestos Mining Association Q.A.M.A. Asbestos Textile Institute A.T.I. National Safety Council or Industrial Hygiene Foundation I.H.F. Refractories Institute or its predecessors and state the dates of your membership ANSWER INCO was a member of the Industrial Hygiene Foundation although the date of joining is unknown INCO was also a member of the National Safety Council from the 1940's to the late 1980's INCO did not belong to any of the other entities or organizations identified in Interrogatory No. 41 42. a From 1900-1972 1900-1972 if asbestos products needed to be removed from pipes or boilers to allow employees of contractors to repair or install pipes or boilers who removed the asbestos insulation b Was this removal done by ) your employees ii employees of contractors c Identify all documents and witnesses regarding safety precautions taken during such removal d Describe in detail and identify all documents concerning recommendations you made to contractors or their employees concerning 31 precautions that needed to be taken when asbestos products had to be removed from pipes and boilers to permit employees of contractors to perform such work ANSWER Objection is made to this interrogatory parts a through d on the grounds that it is overly broad unduly burdensome and unduly INCO is unaware as to the particular incidences where asbestos vague needed to be removed from products pipes or boilers Therefore it is uncertain as to whether contractor's employees or INCO employees removed asbestos 43. a From 1972 to now if asbestos insulation needed to be removed from pipes or boilers to allow employees of contractors to install pipes or boilers who removed the asbestos insulation repair or b Was this removal done by i your employees ii employees of the contractors c Identify all documents and witnesses regarding safety precautions taken during such removal d Describe in detail and identify all documents concerning recommendations you made to contractors or their employees concerning precautions that needed to be taken when asbestos products had to be removed from pipes and boilers to permit employees of contractors to perform work ANSWER See answers and objection to Interrogatory No. 42 which are incorporated herein However since 1985 INCO has employed licensed asbestos abatement contractors to remove asbestos from its premises although INCO employees do remove small amounts when necessary 44. Identify all expert witnesses you expect to call at the trial in this matter With respect to each expert please state 32 and a Subject matter on which the expert is expected to testify b Summary of the witness's testimony and C. the basis and grounds for the witness's testimony ANSWER Objection is made to this interrogatory on the grounds that the investigation of and discovery relating to the issues in this case and not yet complete and no determination has been made as to wahreatonegxopienrgt witnesses INCO may call unless otherwise already disclosed INCO will supplement this response and its witnesses previously listed after it has the opportunity to depose plaintiffs liability and expert witnesses 45. Identify all fact witnesses known to you at the time you are preparing these answers and all fact witnesses you have talked to and intend to talk to and provide a current address and telephone number for each fact witness With respect to each fact witness describe the subject matter of the witness's testimony and give a summary of the facts of the witness's testimony ANSWER Objection is made to this interrogatory on the grounds that it requires the disclosure of both attorney and product privileged information Without waiving these objections and specifically subject thereto please see INCO witness list 46. Identify all documentary evidence known to you at this time and which you may introduce at the trial of this matter whether or not you have made a decision as to which specific document you intend to introduce 33 ANSWER INCO objects to this interrogatory on the grounds that the investigation of and discovery relating to the issues in this case are and not complete and no determination has been made as to what eoxnhgiobiintgs INCO will offer or introduce at trial This response cannot reasonably be made until discovery is complete and the plaintiffs exhibits have been identified INCO will supplement this response after it has had the further discovery and investigation in this matter opportunity to conduct 47. Identify all trade associations to which you have belonged to and provide dates and publications received from each ANSWER See answer to Interrogatory No. 40. INCO objects to listing any and all publications received on the grounds that it is overly broad unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence 48. Identify all medical journals to which you have at any time subscribed to and provide the dates of any such subscriptions ANSWER None 49. Were any warnings ever given to you by any manufacturer of thermal asbestos insulation products regarding any danger to human health posed by exposure to respirable asbestos fibers If so please state a the content of any such warnings and identify copies of any such warnings in your possession and b the years when any such warnings were given and 34 C. the identity of each manufacture providing any such warning and which warning each manufacture provided and the dates of such warning any ANSWER INCO is unaware of any specific warnings given to it manufacturers of containing products by efforts 50. Describe all undertaken by you to determine whether your employees or employees of contractors came into contact with respirable asbestos fibers on your premises With respect to all such efforts provide the dates of the efforts and the results obtained Identify all documents concerning or in any way related to such efforts ANSWER Objection is made to this interrogatory on the grounds that it calls for the disclosure of attorney and product information Without waiving this objection and specifically subject thereto see responses to Interrogatory Nos 13-16 warn 51. you ever employees of contractors or contractors on your premises as to the location of asbestos containing products on your premises and any risks asbestos fibers posed to human health If so please state a the content of any such warnings and b warnings and the identity of any documents containing any such C. the dates of any such warnings and d the identity of any contractors you so warned 35 ANSWER Yes " a Danger disease contains asbestos fiber avoid creating dust cancer and lung disease hazard b Warning label will be produced for inspection at a agreed upon place and time mutually C. From 1990 to the present asbestos warned d The warning labels are placed in areas known to contain Therefore any contractor working in those areas would be so 52. Did you ever require chest rays of your employees employed on any premises owned or operated by you where asbestos containing products were present or used If so please state and a the whereabouts of any such rays or ray reports and b the identity of the person or persons taking any such rays C. why the rays were taken and d the dates of any such rays ANSWER Objection is made to this interrogatory on the grounds that it is overly broad unduly burdensome is not reasonably calculated to lead to the discovery of admissible evidence and seeks the production of privileged information from individuals who are not parties to this litigation Without waiving these objections and specifically subject thereto yes a Any reports in the possession of INCO are maintained in the personnel file of the individuals who had rays taken b Various medical services personnel 36 C. INCO's policy concerning rays changed over the and was never uniform or consistent At years some point rays were taken as part of employment physical rays were also taken in the normal of examining and evaluating employees by the INCO medical staff course d Various REQUESTS FOR PRODUCTION OF DOCUMENTS Please produce for inspection and copying any document 1 Identified in responses to any of the Interrogatories above ANSWER All documents identified will be made available for inspection and copying at a mutually agreed upon place and time 2 premises Regarding the dates on which any of the plaintiffs worked on your ANSWER Objection is made to this request on the grounds that it is overly broad unduly burdensome and is not reasonably limited in time and Due to the Court's prohibition on plaintiff discovery INCO is scope of the specific dates and times that the premises liability plaintiffs wournkaewdaraet its facility Therefore INCO cannot respond to this request for production of documents INCO ALLOYS INTERNATIONAL INC By Counsel 37 Wy Robert H. Sweeney Jr. Esquire JENKINS FENSTERMAKER KRIEGER KAYES & AGEE Post Office Box 2688 Huntington West Virginia 25726-2688 304 523-2100 38 IN THE CIRCUIT COURT OF KANAWHA WEST VIRGINIA COUNTY IN RE ASBESTOS IV PREMISES LIABILITY CIVIL ACTION NO 8888 CERTIFICATE OF SERVICE Sweeney I Robert H. Jr. counsel for INCO Alloys International Inc. do hereby certify that I have served a true and correct copy of the foregoing INCO Alloys International Inc.'s Answers to Plaintiffs Interrogatories to Premises Defendants Dated April 4 1995 upon the following individuals by U.S. Mail postage prepaid on this the 1241 day of April 1996 Stuart Calwell Esquire CALWELL & MCCORMICK 405 Capitol Street Suite 908 Charleston WV 25301 Scott S. Segal Esquire SEGAL and DAVIS L.C. 810 Kanawha Blvd. East Charleston WV 25301 Dennis C. Sauter Esquire JACKSON & KELLY Post Office Box 553 Charleston WV 25322 Eric M. James Esquire . SPILMAN THOMAS & BATTLE Post Office Box 273 Charleston WV 25321-0273 George F. Fitzpatrick Jr. Esquire SWANSON MARTIN & BELL 1 IBM Plaza Suite 20900 Chicago Illinois 60611 Theodore Goldberg Esquire GOLDBERG PERSKY JENNINGS & WHITE 1030 Fifth Avenue Pittsburgh PA 15219 Joseph Beeson Esquire ROBINSON & MCELWEE 600 United Center 500 Virginia Street East Charleston WV 25301 A. L. Emch Esquire JACKSON & KELLY Post Office Box 553 Charleston WV 25322 Richard Hayhurst Esquire 414 Market Street Post Office Box 86 Parkersburg WV 26102-0086 Charles M. Love III Esquire BOWLES RICE MCDAVID GRAFF & LOVE Post Office Box 1386 Charleston WV 25325-1386 Richard C. Polley Esquire David J. Armstrong Esquire Brian T. Must Esquire DICKIE McCAMEY & CHILCOTE Two PPG Place Suite 400 Pittsburgh PA 15222 Clement D. Carter Esquire , 520 West Main Street Post Office Box 2504 Clarksburg WV 26302-2504 Teresa Clark Postle Esquire Law Offices of James Humphreys Suite 1113 Bank One Center Charleston WV 25301 Paul T. Theisen Esquire THEISEN BROCK FRYE ERB & LEEPER 424 Second Street Post Office Box 739 Marietta OH 45750 Robert A. Campbell Esquire KING ALLEN & GUTHRIE Post Office Box 3394 Charleston West Virginia 25333-3394 Scott Long Esquire HENDRICKSON & LONG Post Office Box 11070 Charleston WV 25339 Cynthia M. Hutchins Esquire SHARLOCK REPCHECK & MAHLER 3280 USX Tower 600 Grant Street Pittsburgh PA 15219 James H. Rion Esquire NESS MOTLEY LOADHOLDT RICHARDSON & POOLE Post Office Box 1137 Charleston SC 29402 Stephen P. Goodwin Esquire GOODWIN & GOODWIN Post Office Box 2107 Charleston West Virginia 25328-2107 Arthur R. Gorr Esquire GORR MOSER DELL & LOUGHNEY 1300 Frick Building Pittsburgh PA 15219 Vy RobertHSweeney HSweeney Jr. IN THE CIRCUIT COURT OF KANAWHA WEST VIRGINIA COUNTY IN RE ASBESTOS IV PREMISES LIABILITY CIVIL ACTION NO 8888 INCO ALLOYS INTERNATIONAL INC.'S ANSWERS TO PLAINTIFFS INTERROGATORIES TO PREMISES DEFENDANTS DATED APRIL 4 1995 Comes now defendant INCO Alloys International Inc. INCO by counsel Robert H. Sweeney Jr. and Jenkins Fenstermaker Krieger Kayes & Agee and in response to Plaintiffs Interrogatories states as follows GENERAL OBJECTIONS INCO objects to answering plaintiffs Interrogatories and responding to their discovery requests when plaintiffs have failed to fully comply with previous Court rulings requiring them to provide the defendants including INCO with an indication as to which specific claims have been brought against each defendant and to provide the defendants with certain basic information concerning the plaintiffs who are asserting claims against each defendant and INCO also objects because the Complaints filed herein are unduly vague provide no substantive information concerning plaintiffs presence on INCO's premises either in terms of dates of employment site of employment the contractors or contractors by whom plaintiff was employed or the nature of plaintiff's job function while employed on INCO's premises Additionally 4/12/96 4/12/96 4/12/96 4/12/96 information supplied by plaintiffs pursuant to Court Order is unduly vague and provides no substantive information concerning plaintiffs location on INCO's premises or the nature of plaintiffs job function INCO is therefore unable to determine the relevance or appropriate scope of any request for information particularly insofar as such requests relate to specific claims of exposure on INCO's premises As a result each and every request posed by the plaintiffs is overly broad unduly burdensome and oppressive INCO further objects to the use of the words you and your in plaintiffs Interrogatories to the extent that they include present and former employees agents officers subsidiaries divisions affiliates and predecessor purports entities and to require INCO to seek and furnish information from and to rely on behalf of persons over whom or over which INCO no longer exercises or never exercises control Such requests as so construed are unduly burdensome and not required to be answered by law INCO further objects because plaintiffs use of the phrase asbestos products or asbestos containing products or asbestos as vague unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence insofar as it relates to or refers to unidentified products and materials which contain asbestos The mineral asbestos may be found in a wide variety of forms and products many of which are wholly irrelevant to this action Additionally to the extent that many containing products cannot be so identified by simple visual analysis this Interrogatory is unduly vague and unduly burdensome so as to prohibit sufficient compliance herewith In addition INCO generally objects to plaintiffs Interrogatories and oppressive Request they are for Production overly broad of Documents on the grounds unduly burdensome that for the most part and expensive and not reasonably limited in scope as to time subject to geographical area and as a result of violation of Rules 26 and 26 of the West Virginia Rules of Civil Procedure in that among other things certain specific terms contained in specific discovery requests are not defined the requests seek information for concerning containing products to INCO further objects generally each and every request which seeks confidential trade secrets financial data research development or commercial information including information relating to the national security of the United States of America or personal or medical information of its employees is beyond the scope of permissible discovery the business of producing high performance alloys to the public utility defense and other industries INCO has never been in the business of manufacturing producing selling or distributing containing products INCO at most conspiracy breach of warranty and fraud on the part of asbestos manufacturers Since most if not all of plaintiffs Interrogatories and Request for Production of Documents pertain to facts and circumstances concerning a broad back as 1921 there is no single officer or employee or any group of officers or employees of INCO who have personal knowledge of all such matters facts and addition information In INCO has limited documents and records which would assist in responding to any Interrogatories and Request for Production of Documents served on it Therefore INCO and its counsel are forced to rely upon information from memories and recollections of various officers and employees of INCO in order to provide a good faith response to the plaintiffs discovery requests Based upon the foregoing INCO reserves its right to supplement amend withdraw or modify of any its responses to discovery which are filed in this matter a elie Te the plaintiffs and to further seek relief of the Court in regard to the nature and scope of plaintiffs discovery requests or to preclude plaintiffs from having certain discovery or to preclude information produced during discovery from being produced at trial plaintiffs In responding to interrogatories INCO does not waive but expressly reserves all privileges including but not limited to those arising out of the attorney relationship and under the work product doctrine Further by responding to any discovery request INCO does not concede the relevance of any matter at issue in any of the plaintiffs Interrogatories and Request for Production of Documents does not agree to the admissibility into evidence of any information or documents provided and expressly reserves all evidentiary objections until the time of trial INTERROGATORIES 1 Identify by name address and dates of operation any business location in West Virginia you owned or operated at any time including the present ANSWER INCO only operates one West West Virginia Virginia business in Huntington 2. created Identify the person or entities who developed wrote or otherwise a the material specifications for premises in West Virginia original construction of your b the material specifications for any other structures repairs ofpipes boilers and ehxetartudreedsistant brickrseqhueiartinrgetshisetu anste ocfetmheenrtmsal rionosfuilnagtioansbpersotdouscts gaskets pipes asbestos containing panels and boards and containing containing products on your West Virginia premises any other asbestos d the material specifications for manner at any time on any asbestos used in any West Virginia any premises owned or operated by the defendant in ) Identify all documents and witnesses related to specifications for those premises the material ii For any persons identified in who that person's employer was response to a or b cite ANSWER a Objection is made to this overly broad and unduly burdensome The request on the grounds that it is facility in Huntington occurred in original construction of the INCO 1921 and because of the passage of time INCO no longer has all documents relating to the construction Therefore any b Objection is made to this overly broad unduly burdensome request is unlimited on the grounds that it is information over a by time and scope and requests seventy period interrogatory INCO is Given the breadth and the scope of the unable at this time to provide information regarding waiving these objections and specifically subject thereto INCO standard specifications for materials for certain developed construction activities INCO had specifications for the use of certain brand various points in its history which may or may not have con ntaamienepdroadsubcetsstoast wIhNiCcOh hcaaldlead Sftorandard Steam Service Specification dated January 16 1958 the use of Union Asbestos and Rubber Co. 750 Phillip Carey MW insulating cement Phillip Unibestos Carey No. 100 No. finish cement Phillip Carey Alltemp block and Arabol smooth manufacturer unknown Additionally INCO had Standard cement Specifications dated June 26 1958 which Water Service Tempcheck blocks required the use of Phillip Carey equivalent the previously identified MW cement No. 100 hard finishing cement Arabol insulating pressure sensitive tape and Phillip Carey type cement No. M Scotchrap equal asbestos cloth INCO has 1 Grade A Class 5 or contained asbestos no information whether these products or were utilized at the INCO plant INCO is currently reviewing its records in regards to other responsive to this interrogatory and will supplement its information response if necessary C. See objections and answer to 2.b. above d See objections and answer to 2.b. above i Standard Steam Service specification Standard Water Service specifications dated 6/26/58 dated 1/16/58 1/16/58 ii INCO 3 Were your employees involved in the original construction of or any additions to or any repairs to any of your West Virginia premises which involved the use of installation of removal of replacement of or disturbance of any asbestos containing products or raw asbestos fibers If so describe how and identify all documents and witness of which you are aware concerning your employees participation in the original construction of or additions to those premises ANSWER INCO objects to this broad unduly burdensome and interrogatory on the grounds that is overly vague and as such it is incapable of being answered INCO is uncertain as to the additions meaning of the term involved Additionally this interrogatory requests information and governing and every instance where additions involved the use of or repairs were made to its facilities which installation of removal of replacement of of containing products Without or disturbance specifically subject to it INCO has been waiving this objection and employees were involved in the unable to determine whether its construction of its original premises in 1921 4. a Please describe the types of insulation materials that were used in the original construction of your premises and state whether those materials contained asbestos and who specified the use of those materials West b Were asbestos products used in repairs or additions to your Virginia premises If so describe when how and who specified their use c Identify all documents and witnesses concerning the specification of asbestos products or containing insulation materials in connection with ) the original construction of your premises or ii any subsequent additions to your premises or iii with any repairs on your premises ANSWER a Unknown b Objection is made to this it is overly broad unduly burdensome and nionttelrirmoigtaetdortyo otnitmhee grounds that Specifically the terms repairs and additions are not specifically defined and could 5 containing encompass hundreds and possibly thousands of different operations Given the vague nature and breadth of this interrogatory INCO is incapable of determining when how and who specified the use of all products contained in its plant However without waiving this objection and specifically subject to it INCO has currently determined and is aware from its efforts at identifying and removing asbestos producctusrrienntiltys plant that the following types of containing products have been located in the plant at one time or another ) ii iii iv v vi vii viii ix x xi xii xiii xiv Transite board pipecovering gaskets brakes siding roofing material floor tile mastic boiler insulation fire doors electrical wire packing bulk asbestos and asbestos clothing c See answer to Interrogatory No. d 5 For all asbestos containing products used at any time at any West Virginia premises owned or operated by you at any time please provide the following a Specify the different types of asbestos products used at each premises at any time b Identify by brand name the different types of asbestos products used at each premises at any time C. Identify the asbestos content type of asbestos fiber and percentage of asbestos in the asbestos products used at each time premises at any d State the names and last known manufacturers known to you of the asbestos addresses of all any time products used at each premises at ANSWER Objection is made to this overly broad unduly burdensome interrogatory and on the grounds that it is of clarification the INCO not limited in time or scope By way plant in Huntington covers been in existence since the early 1920's Given numerous acres and has interrogatory INCO is incapable of the unlimited scope of this determining each and every different type of asbestos product contained in its facility Subject to this without waiving it INCO states the following objection but a See answer to Interrogatory No. 4. been b Unknown as to all products however Transite board used at various locations in the plant Additionally see has in response to Interrogatory No. 7 products listed C. Unknown without the ability to refer to product at a particular location a particular d Unknown 6 During what years did you use request order purchase or specify the use of asbestos containing products and the use of asbestos fibers in any form on any premises owned or operated by the defendant in West Virginia at any time ANSWER Objection is made to this overly broad unduly burdensome interrogatory and is on the grounds that it is explanation INCO's not limited as to time By way of purchasing records as maintained by INCO's Purchasing Department are retained for seven years and INCO dating back to 1989. Therefore it cannot currently only has records determine what years requests or orders were made prior to 1989. INCO is departments and will currently reviewing records of other supplement this response if necessary containing products that it has located whether purchased requested ordered the products were during what years or specified by INCO or by a contractor or insulating various points in its history which INCO had a Standard Steam may or may not have contained asbestos which called for the use of Service Union Specification dated January 16 1958 750 Phillip Carey MW Asbestos and Rubber Co. Unibestos No. finish cement Phillip Carey cement Phillip Carey No. 100 smooth Alltemp block and Arabol cement mSpaencuiffaicctatuiroenrs udantkendown Additionally INCO had Standard Water Service June 26 1958 which required the use of Tempcheck blocks or equivalent the previously identified Phillip Carey cement No. 100 hard finishing cement Arabol MW insulating pressure sensitive tape and Phillip Carey type cement No. M Scotchrap equal asbestos cloth INCO has 1 Grade A Class 5 or no information whether these products contained asbestos or were utilized at the INCO plant 7 Did employees of contractors participate in premises a the original If the answer is yes construction of any of your West Virginia i describe the names of such when such employees participated contractors and how and ii whether the contractors installed insulation materials and when the installation pipes boilers or occurred b participation Identify all documents and witnesses concerning this ANSWER a Objection is made to this overly broad and unduly burdensome request on the grounds that it is The original construction of the INCO facility in Huntington occurred in 1921 and because of does not have all documents relating to the time involved INCO response will be premised construction Therefore any upon a review of existing documents and the 8 memories of present and former accurate employees Thus INCO response thereto INCO Without waiving this objection and cannot insure an has made a reasonable inquiry and specifically subject has been unable to construction of the Huntington facility ) See answer to 7.a. above ii See answer to 7.a. above b See answer to 7.a. above 8 Other than in connection with asbestos abatement work done by a licensed asbestos abatement contractor when containing products on your premises have been installed repaired or removed for any purpose for calendar years 1920-1971 describe if so work a Which crafts among your employees performed this work b Whether employees of contractors provide the names of the performed this work and contractors whose employees performed this and the dates during which this was done C. The identity of all documents and related to the answers to 8a or 8b above witnesses concerning or ANSWER a Objection is made to this it is overly broad unduly burdensome and interrogatory is on the grounds that no way of determining when not limited to time INCO has repaired or removed at all containing times products were installed cannot identify which crafts during its year history Therefore it operations were involved in connection with particular history Therefore it cannot identify whether involved employees of contractors were C. See answer to 8.a. and 8.b. above 9 Other than in connection with asbestos abatement work done by a licensed asbestos abatement contractor when containing products on your premises have been installed repaired or removed for calendar years 1971 and later describe if so work a Which crafts among your employees performed this work employees b Whether of contractors performed this work and provide the names of the contractors whose and the dates employees performed this during which this was done C. The identity of all documents and related to the answers to 9a or 9b above witnesses concerning or containing ANSWER a Objection is made to this it is overly broad unduly vague unduly interrogatory burdensome on the grounds that Without clarification as to the and not limited in time particular installation repairs or removal of performed products INCO cannot determine whether it by INCO employees or a contractor's was employees containing b Objection is made to this it is overly broad unduly interrogatory on the grounds that vague unduly burdensome and not limited in time or scope Without clarification as to the particular removal of installation repairs or employees of contractors performperdodtuhicstswoIrNkCO cannot determine whether C. See objection to 9.a. and 9.b. above 10 Before 1972 with regard to your own employees did you have in effect any work practices or safety rules regarding handling asbestos- containing products 10 ON WA me ee cae, a implementation If so describe those practices or rules and the dates of b Identify all documents and witness practices or safety rules regarding these work containing ANSWER a INCO has conducted been able to determine whether a reasonable investigation and has not it had any work practices or specifically regarding safety rules this regard continues and this products INCO's investigation in response will be supplemented if necessary b See answer to 10.a. above 11 During 1972 or after with regard to your own employees did you have in effect any work practices or safety rules regarding handling asbestos- containing products a implementation If so describe those practices or rules and the dates of b Identify all documents and witnesses practices or safety rules regarding these work ANSWER Yes Moore a 1 An April 17 1974 memo from L.A. Daniels to W.J. sets forth practices for working with products such transite board and other products This document as asbestos cloth mutually agreed upon time and place will be produced at a Departmental 3 A November Superintendents 3 1978 memo from W.W. Thomas to all the use of personal sets forth engineering methods work practices protective equipment monitoring caution signs and signs labels 11 mutually and housekeeping This document will be produced at a time and place agreed upon containing 4 JSA A No. On June 10 1982 INCO issued a job safety analysis X9-16 for handling requirements are set forth in the job products The available for specifications which will be made inspection and copying at a mutually agreed upon time and place 5 A No. X9-16 mentioned in Paragraph 4 above was subsequently replaced with an Asbestos Removal Plan dated 1991. The requirements are set forth in this document which will bAeprmiald5e available for inspection and copying at a mutually agreed upon time and place 6 A comprehensive asbestos removal plan which developed during the course of the year 1994. available for inspection at a mutually agreed was All documents will be made time upon and place b See answer to 11.a. above 12 During 1972 or after with regard to employees of contractors did you have in effect any work practices or safety rules regarding handling containing products a implementation If so describe those practices or rules and the dates of b Identify all documents and witnesses practices or safety rules regarding these work ANSWER See answers to Interrogatory Nos 10 INCO's standard contractor agreement PEG and 11. Additionally contractor safety and environmental requirements contains instructions concerning handling containing products a Practices are contained within the document 12 b See answer to Interrogatory No. 12 above Note For Interrogatories 13 through 17 below please exclude from your answer any air sampling done in connection with asbestos abatement work done by licensed abatement contractors 13 Before 1972 did you conduct or have conducted on your premises any air sampling to determine the level of asbestos or containing dust in areas where your employees worked a results b sampling If so identify the dates of such sampling and provide the Identify all documents or witnesses concerning such ANSWER At the present time INCO has documents or records which would not been able to find any designed to determine the level of asbiensdtiocsatoer any air sampling specifically to 1972. INCO is containing dust prior with currently in the process of reviewing its files and present and former employees and will checking interrogatory if necessary after further supplement its response to this investigation 14 During 1972 or after did you conduct or have conducted on your premises any air sampling to determine the level of asbestos or asbestos- containing dust in areas where your employees worked results a If so identify the dates of such sampling and provide the 13 b sampling Identify all documents or witnesses concerning such ANSWER Yes a INCO has been able to find cover the period of June 8 1977 records of air sampling which samples These records are through January 28 1992 constituting 78 print out will be maintained in INCO's computer made available for inspection and system and a agreed upon place and time copying at a mutually b See answer to 14.a. above 15 Before 1972 did you conduct or have conducted on your behalf contractors containing determine any air sampling to the level of asbestos or in areas where employees of worked dust a b sampling If so identify the dates of such sampling and the results Identify all documents or witnesses concerning such afterwards 16. 1972 did you conduct or have conducted on your behalf any air sampling to determine the level of asbestos or asbestos- containing dust in areas where employees of contractors worked 14  b sampling If so identify the dates of such sampling and the results Identify all documents or witnesses concerning such , 1977 b See objection to 16.a. above 17 Have you conducted or had conducted on your behalf any asbestos abatement work on your premises b Provide the dates of air asbestos abatement work sampling done in connection with OBJECTION Objection is made to this that the term abatement is unduly interrogatory on the grounds mean removal of vague inasmuch as abatement could objection and any containing products Without waiving this specifically subject to it yes ANSWER a INCO has been premises since the early 1970's taking steps to remove asbestos from its INCO currently maintains records for abatement from 1991 to the present and it is presently searching its files to 15 determine for whether other records exist These records will be made inspection and copying at a mutually agreed available upon time and place b Dates of air abatement which will be sampling will be included in the records of made available for inspection and mutually agreed upon time and place copying at a 18 Have you at any time done any bulk sampling on your premises to determine which insulation products contain asbestos If so please state a The dates and results for each such all documents or witnesses sampling and identify concerning such sampling and b The location on containing products were found your premises where any asbestos as a result of any such sampling and C. If any such sampling was done abatement plan please identify all documents and regarding any such plan and sampling as a part witnesses of an asbestos known to you ANSWER Objection is made to the term bulk that it is unduly vague Without sampling on the grounds it yes waiving objection and specifically subject to that bulk samaplingIhNaCsOohcacsurbreedeninabtlheeto19d9e0t'esrmOitnheetrhrough investigation occurred and INCO's investigation in this sampling may have response will be regard continues As result this of INCO and supplemented if necessary Documents are in the possession will be made available for inspection and agreed upon time and place copying at a mutually b documents Various areas of the plant which are identified within the C. See answer to 18.a. above 19 Have you ever had complaints from your own employees concerning the presence of containing products or asbestos dust on 16 your premises If so state the date of such complaint and identify all documents and witnesses concerning such complaints This inquiriys directed to all premises operated by you not just premises identified in Interrogatory No. 2 ANSWER INCO objects to this complaints is unduly Interrogatory on the grounds that the term of vague present and former employees INCO has lawyers associated with the law offices of James F. Humphreys and Calwell & n Mo cCsoprecmiificck alHloegwaetvioenrs the complaints filed are generic in nature and contain 1980's received against INCO Further INCO has since the late a number of Workers Compensation claims from exposure to asbestos allegedly arising Without waiving this objection and subject to it INCO has conducted a reasonable specifically aware of any complaints However complaints maiynqhuairvye baenednims andote ptorefsoernmtelry employees or made in an informal manner of which INCO would not be 20. a Have there been any complaints by employees of contractors concerning the presence of asbestos asbestos products or asbestos dust on any premises operated by you b Provide the dates of such complaints This Interrogatory concerns all premises operated by you not just those identified in response to Interrogatory No. 2. Identify all documents or witnesses concerning any such complaints ANSWER INCO objects to this interrogatory on the . unduly vague and that the term grounds complaints is defined that it is subject to a number of civil actions filed in the Circuit CouIrNtCOof hPaustbneaemn County and Kanawha County West Virginia on behalf of plaintiffs 17 represented by James F. Humphreys or Calwell & McCormick information supplied by those two attorneys some According to contractors who allege damages as a result of plaintiffs are employees of Huntington West Virginia Additionally asbestos INCO at the INCO plant in complaints is not aware of any other 21. a Has OSHA or any governmental agency cited or investigated you for any matter related to asbestos asbestos exposure asbestos work practices record keeping of employees exposed to asbestos or any other matter concerning or in any way related to asbestos If so identify all documents or witnesses concerning such citation In addition state the dates of the citation and give a general description of the alleged reason for the citation and describe the ultimate outcome of the OSHA or other governmental agency citation or investigation This question applies to all of your business operations not just those in West Virginia b Identify all documents and witnesses concerning actions or citations identified in 21 above ANSWER INCO is currently reviewing its records to instances of investigations or citations from OSHA or otherdeatgeernmciinees aanndy INCO will supplement this response once this information becomes available 22. Identify all documents in your possession at any location regarding communications made to from or concerning any of your employees or employees of any of your contractors concerning health hazards caused by exposure to asbestos 18