Document NEqRGQYN5n2JEBMQYXgObK5LQ

FILE NAME Rogers Corporation ROG DATE 2020 July 8 DOC ROG073 DOCUMENT DESCRIPTION Letter from Attorney Meisenkothen to BC with Notes on Rogers Docs That He Provided EARLY + LUCARELLI + SWEENEY & July 8 2020 Barry I. Castleman ScD PO Box 188 Garrett Park MD 20896 + RE Harold Dusto - mesothelioma MEISENKOTHEN ATTORNEYS AT LAW Dear Dr. Castleman New York 360 Lexington Avenue New York NY 10017 p 212 986-2233 f 212 986-2255 www.elslaw.com Connecticut One Century Tower 11th Floor 265 Church Street New Haven CT 06510 p 203 777-7799 f 203 785-1671 California 3848 Carson Street Suite 103 Torrance CA 90503 Illinois 156 North Main Street Edwardsville IL 62025 Louisiana 1615 Poydras Street Suite 900 New Orleans LA 70112 Missouri 1133 Pine Street St. Louis MO 63101 Florida 37 N. Orange Avenue Suite 201 Orlando FL 32801 District of Columbia 20 F Street NW 7th Floor Washington DC 20001 Rhode Island 1 Richmond Square Providence RI 02906 I represent Harold Dusto in an asbestos case arising from his diagnosis with peritoneal mesothelioma and resulting death Mr. Dusto worked at Rogers Corporation in Manchester CT from 1970 to 2002 at which time Rogers sold the factory to Sumitomo Bakelite Mr. Dusto continued working for Sumitomo in the same building until his retirement in 2015. I am hoping that you can review the enclosed information and then contact me to discuss your opinions about the case The defendants in the case are Rogers Corporation itself along with a few of its old asbestos fiber suppliers Union Carbide chrysotile sold under the Calidria brand name Seegott a crude form of chrysotile from Canada sold under the Hedmanite and Hedman Cationic Fiber brand names Special Electric crocidolite from South Africa and Strathmore Paper crocidolite from South Africa Other former fiber suppliers are bankrupt or out of business including e Manville chrysotile from Canada e North American Asbestos crocidolite from South Africa Bell Asbestos chrysotile from Canada e Brinco chrysotile from Canada e Carey Canadian Mines chrysotile plus a few others Specifically with respect to the employer Rogers Corporation we have sued them under one of the exceptions to the traditional exclusivity provision of the workers compensation law which normally prohibits an injured worker from directly suing his employer As such we have to prove one ofthe following two elements ) Rogers intended both the act itself and the injurious of consequences the act or 2 Rogers intended the act and knew that the injury was substantially certain to occur from the act At Manchester factory Rogers Corporation manufactured asbestos- containing matrix board using chrysotile asbestos and containing phenolic molding compounds using chrysotile and crocidolite asbestos These broad categories of products were produced in essentially four departments within the factory LOCAL EARLY . LUCARELLI SWEENEY & 4 MEISENKOTHEN 1 Matrix or the paper side chrysotile 2 GLP or the mill chrysotile 3 Extrusion crocidolite and chrysotile 4 DAP asserted to be asbestos but there are indications in the documents that the DAP line used some chrysotile as well The factory used chrysotile from 1936 through approximately 1991 Crocidolite was used from the 1950s until 1980. Although his work took him throughout the factory at different times and for different reasons Mr. Dusto worked in Extrusion during the first year then spent the rest ofhis career in GLP and DAP I have enclosed the following Documents for your review 1. Report ofindustrial hygienist Christopher DePasquale that summarizes the available industrial hygiene data from the plant - noting poor housekeeping and exposures as high as 700 cc Regarding the historical timeline of what Rogers Corporation knew and when they knew it as well as what was happening in the State of Connecticut there are several relevant guideposts 2. 1929 The annual report of the Connecticut Department of Health discussed the department's work on occupational diseases including requests for advice or studies related to asbestos 3. 1930 Soper published Pulmonary Asbestosis Report of case and review in the Transactions of the American Clinical and Climatological Association Soper's case arose from the New Haven CT area 4. 1930 -- Annual Report of the Connecticut Department of Health a reported 2 cases of asbestosis b listed Asbestos Good Mfg as an industry with potential hazards c listed Dust Asbestos as a potential hazard for occupational disease d listed Dust Asbestos as one of the types of surveys or studies done by the Department for its hazard classification program 5. 1931 Annual Report of the Connecticut Department ofHealth a reported 1 case of asbestosis b repeated previous listings for Asbestos Good Mfg and Dust Asbestos c printed article Hazards in Dusty Occupations EARLY + ~ LUCARELLI . SWEENEY & + MEISENKOTHEN explained that Dust is one of the causative factors in occupational disease mentioned asbestos as a pneumoconiosis dust for which exposures should be kept below 10-20 mppcf 6. May 1934 - Connecticut Health Bulletin a reported 1 case of asbestosis b printed article Use of Filter Type Respirators c explained that respirators should be used and maintained in dusty operations d noted The State Department of Health will give advice on the proper type of respirator to be used in any particular operation 7. June 1934 - Connecticut Health Bulletin a For the period January 1934 reported 4 cases of asbestosis and 96 cases of general dust hazards and related problems Regarding the Bureau of Occupational Diseases With the constant accumulation of evidence on the injurious effects of unhealthful working environment and the steadily increasing costs of compensation for occupational disease it is realized that the only answer to the occupational disease problem is prevention noted that the asbestos industry was studied in the Annual Report of 1930 for Hazard Classification d printed article Asbestos Dust Hazards 8. November 1934 - Connecticut Health Bulletin a printed article Laboratory Methods in Occupational Disease Control b discussed prevention ofoccupational disease by testing dust particles per cubic foot or air It is known that the inhalation of small particles ofcertain dusts may cause the development of pneumoconiosis a fibrosis of the lungs due to dust regarding asbestos dust fibres of this mineral much longer than 10 microns have been found in the lungs The cooperation of all those concerned in occupational disease prevention is essential to the solution of the problem But only through properly interpreted laboratory findings can complete control ofoccupational disease be assured 9. December 1934 - Connecticut Health Bulletin a Reported 1 case of asbestosis b Printed article Approval of Respirators EARLY + LUCARELLI > SWEENEY & + MEISENKOTHEN c Discussed recent approval by US Bureau of Mines ofvarious respirators for dusty industries 10. April 1935 -- Connecticut Health Bulletin a Reported 1 case of asbestosis b Printed article Filter Type Respirators Approved by United States Bureau of Mines c Mentioned asbestos as a pneumoconiosis dust 11. June 1935 - Connecticut Health Bulletin a Printed article Review of Literature on Effects of Breathing Dusts b discussed Bureau of Mines annotated bibliography ofthe most important references . This publication is recommended to all those who are interested in the effects of breathing dusts The Bureau of Mines circular 6835 discussed asbestos hazards and asbestosis] 12. May 1936 - Connecticut Health Bulletin a Printed article Spring House Cleaning an Occupational Disease Preventive 13. June 1936 - Connecticut Health Bulletin a Listed various Health Radio Talks including July and August Industrial Ventilation 14. July 1936 - Egbert and Geiger from the Yale University Pathology Department published Pulmonary Asbestosis and Carcinoma in the American Review of Tuberculosis 15. July 1936 - Connecticut Health Bulletin a Printed article Dust Control Equipment Requires Attention b Provision oflocal exhaust to remove dust at its source is one of the most important factors in the protection of the health of those exposed to dusts c For more detailed information relative to medical chemical or ventilation factors pertaining to preventive measures in occupational disease control communicate with the Bureau of Occupational Diseases 16. September 1936 - Connecticut Health Bulletin a Printed article Harvard Symposium on the Environment and its Effect Upon Man b discussed dusts and their control and The important subject of pneumoconiosis . . was accorded an entire day EARLY + LUCARELLI 4 SWEENEY & + MEISENKOTHEN ATTORNEYS AT LAW 17. December 1936 - Connecticut Health Bulletin a Printed article Control of Dust Exposures in Connecticut b discussed pneumoconiosis as the most serious single occupational disease hazard in the state c noted asbestos fibers even 300 microns in length penetrate into this portion of the lungs 18. February 1937 - Connecticut Health Bulletin a Reported 1 case of asbestosis b Printed article How Old is Occupational Disease c The Bureau of Occupational Diseases of Connecticut is constantly alert to assist industry in avoiding hazardous conditions by watching for potential dangers of new processes and materials as well as to aid in maintaining safe use of old ones 19. 1937 - Annual Report of the State Department of Health a Discussed work on occupational disease including requests received for advice or studies related to asbestos b Reported 3 cases of asbestosis 2 reported by physicians 1 compensated but not reported c repeated previous listings for Asbestos Good Mfg and Dust Asbestos 20. March 1938 - The Hartford Courant newspaper printed article Worker Disease Problem Grows More Difficult talked about difficulties in controlling occupational diseases Much is known about silicosis and about asbestosis produced by inhalation of asbestos dust 21. August 1938 -- Connecticut Health Bulletin a Printed article Good Housekeeping in Industry which noted that inhalation of very small amounts ofdusts produces serious pathological changes in the body 22. April 1939 - Connecticut Health Bulletin a Reported 1 case of pneumoconiosis b Printed article Asbestosis which cited to Sayers and Dreessen 1939 article of the same name c discussed the North Carolina asbestos textile industry pulmonary asbestosis and dust concentrations d Results of the engineering study showed that methods are already available for most of the processes in the industry for keeping dust concentrations below this limit 23. September 1939 - Connecticut Health Bulletin Hl 19 EARLY LUCARELLI 4 SWEENEY & + MEISENKOTHEN ATTORNEYS AT LAW a Reported 1 case of asbestosis b Printed article Approved Respiratory Protective Equipment which mentioned asbestos as a type of pneumoconiosis dust 24. April 1940 Connecticut Health Bulletin a Reported 2 cases of asbestosis b Printed article Maintenance of Local Exhaust Ventilation Equipment which discussed the need to maintain dust collectors and to do housekeeping 25. 1940 - Annual Report of the State Department of Health for 1939 a Reported 10 cases of asbestosis 5 cases reported by physicians 5 cases compensated but not reported b Noted There are approximately 10,000 men in Connecticut exposed to silicosis asbestosis and other pneumoconiosisproducing dusts c Recorded 13 asbestos industrial consultations by the Bureau of Occupational Diseases d Noted 2 asbestos dust plant surveys 1 for carding 1 for wire covering process e Noted educational activities of the Bureau including the production of articles regarding asbestosis for the monthly and weekly bulletins and general distribution to persons interested in the field of industrial hygiene 26. 1941 a b d e Annual Report of the State Department of Health for 1940 Reported 11 cases of asbestosis all 11 cases compensated but not reported by physicians Recorded 1 asbestos pathology or systemic effects consultation by the Bureau of Occupational Diseases Recorded 3 asbestos control consultations Noted 2 asbestos dust plant surveys in Asbestos Products Mfg Noted 2 asbestos dust plant surveys in Roofing Mfg 27. 1943 Connecticut Department of Health printed the booklet An Outline of Some of the Potentially Hazardous Industrial Operations in Connecticut Industry a Prepared expressly for Engineers and Inspectors to assist them in recognizing potentially hazardous conditions during the preliminary plant survey b Listed several asbestos operations as potential hazards i Carding Asbestos - discussed protective engineering controls including enclosing operations respirators hoods exhaust ventilation Compressed air blow off EARLY rs LUCARELLI rs SWEENEY & + MEISENKOTHEN ATTORNEYS AT LAW of machines should be avoided Good housekeeping is essential and the use of vacuum cleaners is indicated ii Dusting Asbestos - see Carding iii Opening Asbestos - see Carding iv Spinning Asbestos - see Weaving - Asbestos v Twisting Asbestos - see Weaving - Asbestos vi Weaving Asbestos - discussed protective engineering controls including wet weaving enclosure exhaust ventilation 28. September 1945 - Connecticut Health Bulletin a Reported 1 case of asbestosis 29. 1947 - Annual Report of the State Department of Health 1946-1947 a. Noted General Statutes Section 872e provides for the reporting of occupational diseases and investigation concerning them This was a law that required physicians to report occupational diseases to the State] b Discussed the various activities of the Bureau of Occupational Diseases including plant surveys and consultations c Reported 1 case of asbestosis d Reported 1 case of dermatitis arising from asbestos dust exposure 30. December 1947 - Connecticut Health Bulletin a Reported 1 case of asbestosis 31. April 1951 - Connecticut Health Bulletin a. Printed article Occupational Disease Reporting which noted a list of reportable diseases including asbestosis 32. October 1952 --- Connecticut Health Bulletin a Printed article The Value of the Periodic Health Examination in Industry which noted there is the possibility ofindividual susceptibility and idiosyncrasy to toxic materials One employee may react violently to small amounts ofa compound which has given little or no trouble to other workers in the same area . . Beryllium and asbestos are other toxic materials which may produce changes in the lungs and physical examination without chest ray may give little indication of pathological change 33. 1953 - Connecticut Department of Health printed the booklet Health Hazards in Industry EARLY ry LUCARELLI r SWEENEY & MEISENKOTHEN ATTORNEYS AT LAW a This pamphlet is a revision of the Outline of Potentially Hazardous Industrial Operations originally published in 1943. It is prepared and revised expressly for use by engineers inspectors and industrial physicians to assist them in recognizing potential health hazards in industry b Listed several asbestos operations as potential hazards . Beating Asbestos - discussed engineering controls for opening bags of asbestos and adding to beaters including exhaust ventilation pneumatic conveying water screen enclosure respirators ii Braiding Asbestos - see Weaving iii Carding Asbestos - discussed engineering controls including enclosure of all operations respirators hoods exhaust ventilation Compressed air blowoff of machines should be avoided Good housekeeping is essential and the use of vacuum cleaners is indicated iv Dusting Asbestos - see Carding v Mixing and Blending Asbestos and others - All mixing operations involving toxic dusts and vapors should be controlled by enclosure and mechanical exhaust ventilation vi vii viii ix Opening Asbestos - see Carding Spinning Asbestos - see Weaving - Asbestos Twisting Asbestos - see Weaving - Asbestos Weaving Asbestos - wet weaving enclosure exhaust ventilation 34. January - 1954 Connecticut Department of Health sent Circular Letter 21 to dermatologists and industrial physicians reminding them to report occupational diseases and enclosing a sample notification card 35. August - 1954 Connecticut Department of Health sent Circular Letter 18 to dermatologists and industrial physicians reminding them to report occupational diseases and enclosing a sample notification card 36. In July of 1957 Rogers Corp. attended a meeting of the Society of the Plastics Industry SPI where the minutes record EARLY LUCARELLI 4 SWEENEY & MEISENKOTHEN ATTORNEYS AT LAW those consensus of the be consensus at the the at meeting that aced to set up some sort of system whereby the field whereby datian the instance vacious chnical asbestos instance For educate material another one another , For instance instance there fabricators crues id there is there is a great great crues the chnical ) in hands of . suppliers of certainininforfmation ormation This is true alsto he information agree of ; Military If the Committee could agree on a scope of activity which would bring all of t this data togethertogether it would would . according to those present a good educational move 2 exist in States Then too the Committee could keep itself apprised of the various specifications on a^best^nsot only those which exist e such Great Britain the United States but those from abroad seemd to be diseminate disseminate information formulate plansplans toto agreed thatas a first undertaking it would be well to information and data to those interested in the subject of For pointed that instance it was asbestos temperatures coordinated co rdinated high coordinated effort can this subjCeocmtmittee collect existing in It in the hands of those faced with design the applications out in missile the and undoubtedly Committee is there there is is data on through a . the and doing place problem of applyingapplying asbestbe to missile Decomposition studies 37. By April of 1960 the SPI meeting minutes referred to an Asbestos Committee and record a In the meantime Mr. Rosato asked members of the Policy Committee to write him on any ideas they may have regarding the suggestion that the Asbestos Committee enlarge its scope of activities to include a study of other fibers Mr. Levanhagen also asked Mr. Rosato to submit as soon as possible the draft of the work which has been compiled on asbestos in order that the Policy Committee may review this treatise 38. The draft of the treatise on asbestos contained a section entitled Health and Safety Factors EARLY + ~ LUCARELLI + SWEENEY & + MEISENKOTHEN Health and Safety Factors " processing contamination of the air with small asbestos With the development of the asbestos industry not well advanced fiber particles produced hygienic problems Hygienic measures were method is were developed Since the dry processing when the first mining operations small fiber particles are picked up by air currents used in mining and milling asbestos and in the neighborhoods The asbestos and distributed distributed throughout the manufacturing plants harmful to the people who were constantly particles or dust which developed could become but does not occur nearly as often to it Asbestosis is a special type of silicosis if he is constantly ex- exposed 10 is required for a person to develop asbestosis Approximately years measures are provided by the different posed to the dust However since protective develops asbestosis < manufacturing plants is extremely rare that a person in order to determine concentration of asbestos can be made of dust concentration of dust Chemical analysiIsnformation is available as to what the maximum as well dust particles Various safety measures are available such should be to eliminate any problems ventilated areas special masks and water sprinkler systems Proper filteration techniques are available which will collect dust particles Periodic medical examinations of workmen With proper precautions there is no problem their health Apparatus used in con- are preformed in order to keep consshtoaunltdcbheecskeaolned off against outside air as much as nection with the asbestos industry The passage of the dust possible and should work with a draft under negative pressure It is important that proper pre- into lungs through the respiratory system is dangerous cautions be taken by all companies which handle asbestos Corp. 39. In November of 1960 , the SPI SPI with with Rogers Corp. attending deletdeeleted d the section on Health and Safety Factors from the final bulletin History section ofof the bulletin on history De Committee reviewed features fibers reference to general features perhaps processing etc. fibers wiping milling history was agreed that perhaps it the detailed information under origin deposits , In section section the on d^'signer grading which includes classification perhaps many cases may as plastics interested in asbestos a agreedbtiblhiograaphty bibliogrrapehyinforcement incorpo- rate a bibliography information delete some ofof the meaningful not be meaningful to the d^'signerd^'signer or customer : in a finished reinforced interested applying to in consideration by given redoing the section on history works on asbestos to able to in order be information now found in the draft This matter gibv e e givn en individuals assigned careful study by the _ later in the meeting to begin revising the bulletin References to the classification of Russian asbestos fibers were deletdeeldeted throughout copy The Committee also deleted all references to health and safety factors | b was asbeston industry production illustrate theorscope the asbeston aaggrreeeded that in on industry redoirnedgoing thtehe hist on ohir stoy ry figuir n oerds er to This information might well lend paragraphs paragraphs a paragraph or paragraphs of itself to inclusion in a . tommage chart under the section entitled Ore Deposito December 1968 40. of Rogers Corp. received a letter from one of its asbestos fiber suppliers Manville which discussed dust control respirators ACGIH's ACGIH's new recommended threshold limit of Brodeur's value of2 mppcofr 12 cc , and enclosed a copy of Paul article December 41. 1968 - Rogers Corp. received a copy of Paul Brodeur's New Yorker article The Magic Mineral 10 EARLY + 7 LUCARELLI SWEENEY & A MEISENKOTHEN 42. In June of 1971 Manville again wrote to Rogers Corp. discussing asbestos emission standards plant working conditions the new OSHA legislation the anticipated reduction of the TLV further to 5 cc and the need for an industrial hygiene survey 43. September 1971 - Connecticut Department of Labor Monthly Bulletin a Printed article about the new OSHA recordkeeping and reporting requirements for occupational diseases and illnesses 44. January 1972 -- Rogers Corp. began asbestos air sampling A JohnsManville industrial hygienist did air sampling noting many excesses lack of adequate ventilation lack of respirators dusty conditions empty asbestos bag disposal problems and wrote In general Rogers Corporation Manchester was a real mess Their housekeeping and attitude ofthe foremen as well as the hourly people left a lot to be desired the area of environmental control hk Oe Lb Corpor MANCHESTER MANCHESTER we Pn 2a . . yes Keeping Home Home Home AND ATTi 4 tare A. e , Vege the county the county county aper aper 9 2 p RN Enka Enka EnkaEnka Enka Enka Enka EEnnkka a Tude or fhe -- --"-- - -- --"-- eaa l Guto Guto Guto Guto Guto Guto ; Funera FuneraFunera : Pre... The following description ofthe milling area GLP department is typical of the hygienist's notes # Milling Area A Room very poor housekeeping illegible Pre mix operators dump cart into hopper as door are slide out from hopper and material begins to charge there is a big cloud of airborne dust settling over mill operator Mill operator shovels or sweeps excess material onto trough which overflows from unattendance onto floor Material drops from hopper to conveyor belt which takes upward over mill and eventually dumps material into mill This operation is very dusty I imagine the fact that the material is hitting the rollers and the general lightness of materials causes dust to be thrown out into the mill operators area 11 EARLY + ~ LUCARELLI + SWEENEY & MEISENKOTHEN A) B vers ,, - Aa fin Rar eg Otay on Pre as epee Fee fe med owed Tj wetia | Aap. hy bs Wars ARE ' At 76 Bayons to Cloud OF HIRhoun '? aul From CLARGE THEAT BUST SETTling SETTling happenhappheappnen AND ALLC is ae Quel Myf Tint at og F Gob ee Ae DG ORTO trough Shovels Shovels GA SurgeSurgSuerge which which oven flows fate Re pipet. n fo MATERAL into mill CONVRYOL CONVRYOL bat uit This This oper oper ** IS Also the kneaders weigh station Extrusion department General housekeeping poor Ripped bags ofblue fiber as well as other raw materials Floor ceiling and rafters very dirty Floor ceiling 45. Approx 1974 - following EPA's NESHAPS Connecticut proposed its own asbestos standard for emission of asbestos into the ambient air these were never passed into law 46. 1974 - Schoenberg and Mitchell published Implementation ofthe Federal Asbestos Standard in Connecticut published in the Journal of Occupational Medicine The paper surveyed several Connecticut asbestos industries and looked at their implementation of the OSHA asbestos rules 47. August 1974 - The Bridgeport Post newspaper printed an article about the upcoming State air monitoring surveys to be done by Bruckman and Rubino of the Connecticut Department of Environmental Protection 48. December 1975 - Bruckman and Rubino published Asbestos rationale behind a proposed air quality standardin the Journal of the Air Pollution Control Association They wrote 12 EARLY + LUCARELLI + SWEENEY & 4 MEISENKOTHEN a It has been well known for nearly halfa century that some persons subjected to asbestos dust during work developed a severely crippling and sometimes fatal lung disease called asbestosis b Asbestos has become one of the largest industrial causes of cancer in the world c In 1965 Dr. Selikoff and his associates conclusively proved a causal link between asbestos fiber exposure and mesothelioma d " g of asbestos could contain up to 1,000,000,000 asbestos fibers and one inhaled asbestos fiber could potentiate a cancer 49. March 11 1976 -- Rogers Corp. wrote to union representative Charles Reilly informing him about actions that Rogers had taken with respect to asbestos control in the factory Rogers noted specific air sampling from the Manchester plant on specific dates all under the OSHA limit but did not reveal air sampling from other contemporaneous tests that showed higher exposures and violations of the OSHA limits 50. March 29 1976 -- Rogers Corp. memo noted new requirement for asbestos purchases from supplier Cassiar where Rogers will be required to acknowledge asbestos hazards 51. March 30 1976 -- Rogers Corp. received a letter from asbestos fiber supplier Cassiar asking Rogers to amend their agreement and acknowledge that The Buyer Rogers acknowledges that he is aware of the possible health hazards in dealing with asbestos fibre and undertakes and agrees to adequately warn its employees agents and customers of the possible dangers 52. July 21 1976 -- Rogers Corp. memo discussed talking points for field people when they are asked about asbestos and OSHA 53. February 1977 - Bruckman Rubino and Christine published Asbestos and Mesothelioma Incidence in Connecticut in the Journal of the Air Pollution Control Association a occupational exposure to asbestos has been shown to cause asbestosis a debilitating scarring of the lungs lung cancer and cancer of the lining of the stomach and lung mesothelioma 54. Spring 1977 -- Connecticut Health Bulletin a Blurb Check Asbestos Exposures noted that Diseases related to inhalation of asbestos fibers or dust appears to be 13 EARLY + ~ LUCARELLI + SWEENEY & + MEISENKOTHEN among the emerging group that will be known as the illnesses of the 1970's Research has revealed a recognized occupational health hazard connected with excessive and prolonged inhalation of asbestos dust 55. Summer 1977 - Connecticut Health Bulletin a. Blurb Investigations into Asbestos Problems noted that in response to the growing public awareness of the dangers to health posed by the widespread occupational and nonoccupational use of asbestos in the state Governor Ella T. Grasso appointed a special governor's task force to study the problem 56. January 1978 - Rogers Corp. received a letter from Manville with an enclosure from the Asbestos Information Association which discussed asbestos conferences asbestos litigation the CPSC's proposed ban on asbestos in patching compounds and noted no safe level of exposure 57. November 1978 - Bruckman published A Study of Airborne Asbestos Fibers in Connecticut in National Bureau of Standards Special Publication 506 Proceedings of a Workshop on Asbestos held at the National Bureau of Standards Gaithersburg Maryland July 18-20 1977 58. December 1978 - Bruckman and Rubino published Monitored Asbestos Concentrations in Connecticut in the Journal ofthe Air Pollution Control Association They sampled the ambient air outside four major users of asbestos in the state is Source 4 in the paper Rogers Corp. in Manchester a Occupational asbestos fiber exposure has been known for some time to cause severe respiratory problems including lung cancer and a relatively rare form of cancer of the lining of the lung and stomach known as mesothelioma 59. 1979 - Rogers Corp. wrote a Commentary on proposed asbestos air pollution standards lobbying against the standards and admitted a To be sure asbestos and especially the variety crocidolite has been factually associated with the development of human mesothelioma b Granted no threshold level has been found below which asbestos does not create lung cancer however considerable documentation does exist showing a direct relationship between response 60. Winter 1979 -- Connecticut Health Bulletin 14 EARLY + ~ LUCARELLI + SWEENEY & MEISENKOTHEN a Blurb Asbestos Monitoring Continues in Connecticut noted Increasing concern about hazardous substances in the environment has led to the expansion of testing for asbestos from schools homes and industry of Many of Rogers Corporation's historical asbestos air sampling reports still survive Mr. DePasquale's report Tab 1 summarizes some the relevant data but I have also enclosed the surviving reports from 1972 to give you sense of what the factory was like at the dawn of the air sampling regimen 61. February 1972 done by Manville earliest air sampling a 27 membrane filter samples ranged from 0.4 to 40+ cc i 9 of the samples were above the 5 cc standard ii the average was 5.8 cc b 26 midget impinger samples ranged from 1.9 to 46.9 mppcf i all but two of the samples were above the 2 mppcf standard ii the average was 9.2 mppcf 62. May 1972 a Two personal samples measured 11.1 and 16.5 cc average 13.8 cc b One area sample at 1 cc 63. October 1972 a 24 personal samples ranged from 0.9 to 700 cc average 79.4 cc b 8 area samples ranged from 0.9 to 208 cc average 43.2 cc 64. December 1972 a. 7 personal samples ranged from 1.4 to 210 cc average 50.7 cc b One area sample at 10 cc 65. December 1972 a 5 samples 0.4 0.88 and 1.24 129.3 and 24.09 cc average 31.2 cc 66. I have enclosed a incomplete synopsis from Rogers Corp's own asbestos reports records that covers various air sampling from May 1972 to May 1984. While the trend shows an improvement in dust levels over the course of time you will still note several peak highs throughout the 1970s and into the early 1980s that are well in excess of OSHA's standards 15 EARLY 4 _ LUCARELLILUCARELLI ry SWEENEY & 4 MEISENKOTHEN 67. The surviving air sampling also allows the collection of some data specific to crocidolite exposures in the factory There are 78 identifiable crocidolite air samples between January 1972 and July 1979. Overall they range from 0.03 to 210 cc average 10.7 cc The 72 personal samples range from 0.03 to 210 cc average 9.1 cc The 6 area samples range from 0.18 to 40 cc average 10 cc 1988. Mr. Dusto himselifs noted in 26 separate air samples between 1972 and His personal results are shown here report date 12/12/1972 12/12/1972 Personal or worker Area P Harold Dusto F Harold Dusto P Harold Dusto P Harold Dusto process breathing breathing zone of brender operator Deaning replacing while twith another hopper of mater a med med area ) area premix operator prem x operator product , result ffcc 21 1.24 1.92 2.61 F Harold Dusto F Harold Dusto blender blender operator b ender - operation operation 104 1.88 6/16/1975 12/23/1975 5/1/1987 5/1/1987 5.1.1987 5/1/1987 5/1/1987 5/1/1987 5/1/1987 P Harold Dusto mixer P Harold Dusto prem med area P Harold Dusto prem > DAP P Dustro Harold Dust CAP prem x P Harold Dusto DAF - prem x P Harold Dusto DAP - premix premix P Harold Dusto and premix premix operator others P Harold Dusto and premix operator others P Harold Dusto and m . operator others P Harold Dusto and moperator moperator others P Harold Dusto and grinder operator others P Harold Dusto and grinder grinder operator others P Harold Dusto GLP m operator D Haroid Dusto P Harold Dusto GLP # grinder grinder GLF prem operator F Harold Dusto F Harold Dusto GLP # piem GLP # premix premix P Harold Dusto CLF ender P Harold Dusto GLF # grinder P Harold Dusto GLP m Blue Blue RX 611 RX 611 RX 655 RX 660RX 650RX 1983 RX 1983 RX 1983 RX 1983 RX 1983 RX 1983 0.259 0.05 2.5 11.15 132 2.19 0.92 0.02 2.1 0.1 18 0.03 0.05 06 3.1 TW TWA TWA 247 TWA Overall avg F 1970s avg 2.16 5.1029 1980s avg 0.3206875 Mr. Dusto testified that he cannot recall ever being notified by Rogers Corp. that he was exposed to asbestos in excess of theOSHA limits His personnel file has been produced by Rogers Corp. and despite records in the going back to his date in 1970 there are no notifications of any kind indicating that he was exposed to asbestos over any OSHA limit The first notification about asbestos air sampling in his file appears to be results from file testing in early 1987 which were under the applicable OSHA limits at the time 16 EARLY + ~ LUCARELLI + Rogers Corp's answers to written discovery Tab 68 are consistent with Mr. Dusto's testimony For example SWEENEY & MEISENKOTHEN 3 Please produce complete color copies of any and all written notices provided to Harold Dusto pertaining to whether he had exposures to airborne asbestos in excess of 10 fiber as referenced in the preceding interrogatories interrogatories RESPONSE After a reasonable search Rogers has found no responsive documents in its possession custody or control The Rogers Corp. air sampling records also appear to note several violations of various OSHA asbestos regulations including e Exceedances of the PEL e Exceedances of the Ceiling Limit e Dry sweeping e A lack of respirator training e Inappropriate respirators e Waste disposal problems e Housekeeping problems e Lack of local exhaust ventilation on powered tools In a March 22 1987 memo Tab 69 with respect to the 1986 OSHA regulations a Rogers Corp. noted We are not in compliance with any section of these regulations Among the compliance dates they missed they list exposure monitoring employee notification and training regulated areas respiratory protection and medical surveillance The Manchester factory cohort has unfortunately experienced a number of mesotheliomas including the following known cases Harold Dusto - mesothelioma 2. Roland Spearin - mesothelioma 3. John Bassett - mesothelioma 4. Frank Bujaucius - mesothelioma 5. Doris Hand - mesothelioma also worked at the Rogers CT factory I am interested in your opinions on the following questions to a reasonable degree of scientific and historical certainty 1. From a public health and historical perspective by 1970 when Mr. Dusto began work at the factory was information sufficiently available for Rogers Corp. to know to a substantial certainty that a predictable percentage of its chrysotile- and crocidolite workers would develop potentially fatal asbestos disease See e.g. 17 EARLY ~ LUCARELLI + SWEENEY & + MEISENKOTHEN a. Mancuso and Coulter 1963 Methodology in Industrial Health Studies The Cohort Approach with Special Reference to an Asbestos Company reporting 4 mesothelioma deaths and 28 asbestosis deaths among 186 total deaths of brake lining factory workers 17.2 b Selikoff et al 1964 Asbestos Exposure and Neoplasia reporting 3 mesothelioma deaths and 12 asbestosis deaths among 255 total deaths of mixed fiber insulation workers 5.9 one case of peritoneal mesothelioma was also reported but not counted c Selikoff et al 1965 Relation between exposure to asbestos and mesothelioma reporting 10 mesothelioma deaths and 17 asbestosis deaths among 307 total deaths of mixed fiber insulation workers 8.8 2. How if at all did that information change or evolve during the 1970s 3. From a public health and historical perspective when did Rogers know or when should Rogers have known about the health hazards of asbestos Please feel free to contact me if you have any questions or if you need additional material Yours very truly Early Lucarelli Sweeney & Meisenkothen LLC Christopher Meisenkothen Enclosures 18