Document RJMeVvmDMoX47LEN1XmBpZZNv
FILE NAME: Kaiser Gypsum (KG)
DATE: 1999 July 30
DOC#: KG 107 DOCUMENT DESCRIPTION: Legal - KG Co.'s First Updated Responses to Plaintiffs' Standard Interrogatories
1
GABRIEL A. JACKSON, ESQ. (State Bar No. 98119)
PAUL J. GAMBA, ESQ. (State Bar No. 146097)
2
JACKSON & WALLACE LLP
580 California Street, 15th Floor
3
San Francisco, CA 94104
(415) 982-6300
4
Attorneys For Defendant
5
KAISER GYPSUM COMPANY, INC.
6
7
8
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF SAN FRANCISCO
10
11
IN RE: SAN FRANCISCO COUNTY
COMPLEX ASBESTOS LITIGATION 12
13
14
15
No. 828684
KAISER GYPSUM COMPANY, INC.'S FIRST UPDATED RESPONSES TO PLAINTIFFS' STANDARD INTERROGATORIES TO DEFENDANTS
16
17 PROPOUNDING PARTY: Plaintiffs
18 RESPONDING PARTY: Defendant KAISER GYPSUM COMPANY, INC.
19 SET:
Standard
20
DATE:
July 30, 1999
21
COMES NOW defendant KAISER GYPSUM COMPANY, INC. (hereinafter
22 "KAISER GYPSUM") and provides the following First Updated Responses to Plaintiffs' 23 Standard Interrogatories To All Defendants propounded pursuant to San Francisco 24 County Complex Asbestos Litigation General Order No. 129: 25 III 26 III 27 III 28 III
1
Kaiser Gvosum's First Undated Resnonses to Plaintiffs' Standard Interrocratone; fn Dfendante
:>
1
KAISER GYPSUM'S PRELIMINARY STATEMENT
2
KAISER GYPSUM submits this preliminary statement to memorialize certain
3
steps taken to implement the standard discovery regime adopted pursuant to the revised
4
General Orders filed November 15,1996, governing asbestos-related personal injury and
5
wrongful death cases filed in San Francisco Superior Court. Under the terms o f General
6
Order No. 129, all defendants must respond to the Plaintiffs' Standard Interrogatories To
7
All Defendants without objection, even where those interrogatories appear objectionable
8
under the rules defined by California statutes and appellate precedent. The General
9
Orders do contemplate that plaintiffs' counsel must meet and confer with defendants and
10 consider a specific defendant's concerns with the standard interrogatories as applied to
11 that defendant's factual and litigation circumstances. In KAISER GYPSUM's case, that
12 process proved sufficiently successful that KAISER GYPSUM did not believe it
13 necessary to file a motion seeking judicial relief from the burdensomeness that would
14 arise in KAISER GYPSUM's circumstances from responding to the literal terms o f the
15 discovery.
16
The meet and confer process was structured pursuant to an April 24,1997, letter
17 circulated by plaintiffs' counsel. In accordance with that procedure, KAISER GYPSUM
18 held a meet and confer session with certain plaintiffs' counsel on May 15, 1997, as
19 contemplated by their April 24, 1997, letter. During that session agreements were
20 reached on interpretations o f numerous specific provisions o f the subject standard
21 interrogatories, which have since been concurred in by plaintiffs' counsel that did not
22 attend the May 15, 1997, meeting. KAISER GYPSUM's non-pursuit o f its
23 burdensomeness objections remains contingent on continued realization o f the
24 agreements reached at the May 15. 1997, meeting.
25
KAISER GYPSUM also stated other objections to the subject Plaintiffs' Standard
26 Interrogatories during the course of the proceedings leading to their adoption. Those
27 objections concerned both the concept o f using standard interrogatories for discovery
28 unrelated to the resolution o f cases or controversies before the Court, objections to the
2 17 rt *par Gimpi1W-I*r<17i*-*TTr4 n+a/l Dap*t/\npan rvTilntntiffp*Otnri4 /ir/l Tnfarrrtftptrtriar tn Dafati4 ontp
1 procedures underlying the development and adoption of the standard interrogatories, and
2
objections to specific aspects o f the standard interrogatories on grounds other than
3
burdensomeness, all o f which objections were either accepted or implicitly rejected
4
through adoption of the final standard interrogatories. KAISER GYPSUM hereby makes
5
express on the record that by serving its Responses to Plaintiffs' Standard Interrogatories
6
To All Defendants, KAISER GYPSUM neither intends to nor does it waive its rights to
7
press those objections at an appropriate future opportunity, both in the context o f specific
8
cases before the Superior Court and on appellate review.
9
KAISER GYPSUM objects to Plaintiffs' Standard Interrogatories To All
10 Defendants to the extent that they call for information protected by the attorney-client
\ 11 privilege or work-product doctrine.
12
This Preliminary Statement and the objections contained herein are incorporated
13 into each o f the responses set below.
14
KAISER GYPSUM'S RESPONSES TO INTERROGATORIES
15
KAISER GYPSUM has not manufactured or marketed any products which
16 contained asbestos as a component since 1976. Accordingly, KAISER GYPSUM's
17 Responses to Plaintiffs' Standard Interrogatories are based almost entirely on its ongoing
18 review o f documents presently available to The Company. These interrogatory responses
19 reflect KAISER GYPSUM's knowledge at this time and supersede any previous
20 interrogatory answers. KAISER GYPSUM reserves the right to further supplement these
21 responses in the event that more complete or accurate information becomes available.
22 RESPONSE TO INTERROGATORY NO. 1:
23
Joseph R. Hobby, Vice President, 2680 Bishop Drive, Suite 225, San Ramon,
24 California 94583.
25 RESPONSE TO INTERROGATORY NO. 2:
26
12/19/80-3/12/87: Assistant Director, Labor Relations,
Industrial Relations Department
27
3/13/87-11/30/95: Administrative Manager,
28
Industrial Relations Department
3
TZ _________1_T'*_a. TT_J n ________r1_ ..j.'. C C . JO^.__ i .1 T._ ___ _x._
T~\_ _1_
1
12/1/95-present:
Vice President
2
RESPONSE TO INTERROGATORY NO. 3:
3
KAISER GYPSUM is a corporation.
4
A. KAISER GYPSUM COMPANY, INC.
5
B. Washington.
6
C. KAISER GYPSUM was organized in 1952. Specifically, on June 19,
7
1952, Permanente Cement Company (later known as Kaiser Cement Corporation) formed
8 a wholly-owned subsidiary named KAISER GYPSUM COMPANY, a California
9
Corporation.
10
On December 1,1952, KAISER GYPSUM COMPANY was merged into Pacific
11 Coast Cement Company, another subsidiary o f Permanente Cement Company, and the
12 name o f the combined company was then changed to KAISER GYPSUM COMPANY,
13 INC.
14
D. KAISER GYPSUM's principal place o f business is located at 3000 Busch
15 Road, Pleasanton, California 94566.
16
E. KAISER GYPSUM has held a certificate o f authority to do business in
17 California from 1952 to the present.
18
F. KAISER GYPSUM is a wholly owned subsidiary o f Kaiser Cement
19 Corporation, whose principal place of business is located at 3000 Busch Road,
20 Pleasanton, California 94566.
21
G. 3000 Busch Road, Pleasanton, California 94566
22 RESPONSE TO IN T ER RO G A TO R Y NO. 4:
23
No.
24 RESPO N SE TO IN TER RO G A TO R Y NO. 5:
25
Not applicable.
26 RESPO N SE TO IN T ER RO G A TO R Y NO. 6:
27
Not applicable.
28 Ill
4
1 RESPONSE TO INTERROGATORY NO. 7:
2
Not applicable.
3 RESPONSE TO INTERROGATORY NO. 8:
4
Not applicable.
5 RESPONSE TO INTERROGATORY NO. 9:
6
Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon, California.
7 RESPONSE TO INTERROGATORY NO. 10:
8
A.-C. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon,
9
California.
10 RESPONSE TO INTERROGATORY NO. 11:
11
KAISER GYPSUM has no knowledge that it ever employed a company
12 "physician" or "medical director." During the early 1970's, Mr. A.J. Trommershausen, an
13 industrial hygienist, who was not an employee o f KAISER GYPSUM, was retained by
14 KAISER GYPSUM as a consultant to conduct plant inspection and air sampling tests to
15 evaluate and ensure compliance with new U.S. Occupational Safety and Health
16 Administration requirements.
17 RESPONSE TO INTERROGATORY NO. 12:
18
Melissa A. Youngman, former Secretary/Treasurer, was deposed on March 4 and
19 5, 1993, in the following cases: Donald Breslin v. Abex, et al., San Francisco County
20 Superior Court, Case No. 943928; Coy Cossey v. Abex, et a l, San Francisco County
21 Superior Court, Case No. 920148; Norma E. Olsen v. Abex, et al., San Francisco County
22 Superior Court, Case No. 914594; and Ray Parson v. Abex, et al., San Francisco County
23 Superior Court, Case No. 944872. The court reporter was Tooker & Antz, 818 Mission
24 Street, San Francisco, CA 94102. Plaintiffs attorney was Brayton, Harley and Curtis.
25
Joseph R. Hobby, Vice President o f KAISER GYPSUM COMPANY, INC., was
26 deposed in the following cases: Leonard R. Pacheco v. Owens Corning, et al., State of
27 Hawaii, Case No. 97-2517-06, Atkinson-Baker Court Reporters, 53rd Street, Suite 625,
28 San Francisco, California 94103; In Re: Complex Asbestos Litigation, San Francisco
5
1 Superior Court Case No. 828684, June 4,1998, Tooker & Antz Court Reporters.
2 RESPONSE TO INTERROGATORY NO. 13:
3
A.-U. No.
4
V. KAISER GYPSUM was a member of the Gypsum Association. Further
5
details regarding this are unknown as discovery is ongoing.
6
W. KAISER GYPSUM is not aware that any one individual served as its
7
representative to the Gypsum Association.
8 RESPONSE TO INTERROGATORY NO. 14:
9
A. The precise dates o f KAISER GYPSUM's membership in the Gypsum
10 Association are unknown. It is believed that such membership extended from the 1950's
11 to approximately 1977.
12
B. KAISER GYPSUM believes that it may have occasionally received
13 minutes o f meetings and other informational literature from the Gypsum Association.
14
C. KAISER GYPSUM is currently unable to locate information regarding the
15 names o f any committee or subcommittee o f which it was a member, nor the dates o f
16 such committee or subcommittee membership.
17 RESPONSE TO INTERROGATORY NO. 15:
18
A. KAISER GYPSUM has no knowledge that it ever received documents
19 containing results or conclusions o f any such studies and/or tests prior to 1973.
20 RESPONSE TO INTERROGATORY NO. 16:
21
A. KAISER GYPSUM has no knowledge that it ever received copies or
22 portions o f any such studies and/or tests prior to 1973. KAISER GYPSUM has never
23 been insured by Metropolitan Life Insurance Company.
24 RESPONSE TO INTERROGATORY NO. 17:
25
A. KAISER GYPSUM has no knowledge that it ever received documents
26 containing results or conclusions o f the Saranac Laboratory studies or any such studies
27 conducted by any other laboratory prior to 1973. 28 Ill
6
Kaiser Gvnsum's First Undated Resnonses to Plaintiffs' Standard Interrogatories to Defendants
1 RESPONSE TO INTERROGATORY NO. 18;
2
A. KAISER GYPSUM has no knowledge that it ever maintained a library or
3
other company-authorized collection o f printed material on occupational disease or
4
asbestos hazards prior to 1973.
5 RESPONSE TO INTERROGATORY NO. 19:
6
A.-B. During the early 1970's, Mr. A.J. Trommershausen, an industrial
7
hygienist, was retained by KAISER GYPSUM as a consultant to conduct plant inspection
8 and air sampling tests to evaluate and ensure compliance with U.S. Occupational Safety
9
and Health Administration requirements.
10
On December 27,1971, KAISER GYPSUM's Commodity Purchasing Manager,
11 R.W. Grigg (deceased), wrote to each o f KAISER GYPSUM's raw asbestos suppliers.
12 These inquiries included a request for information concerning precautions recommended
13 for handling raw asbestos in KAISER GYPSUM's manufacturing facilities as well as for
14 contractors using and applying asbestos-containing products.
15
In July 1973, KAISER GYPSUM personnel participated in an ad hoc committee
16 formed by the Gypsum Association to consider the implications o f 1972 Occupational
17 Safety and Health Administration regulations with respect to the release o f asbestos fibers
18 during sanding and mixing o f dry joint compounds. Tests were conducted on behalf o f .
19 the committee to measure amounts o f asbestos and siliceous dusts generated during
20 mixing and sanding of joint compounds on typical jobs.
21
C. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon,
22 California.
23 RESPONSE TO INTERROGATORY NO. 20:
24
No.
25 RESPONSE TO INTERROGATORY NO. 21:
26
A.-C. During the early 1970's, Mr. A.J. Trommershausen, an industrial
27 hygienist, was retained by KAISER GYPSUM as a consultant to conduct plant inspection
28 and air sampling tests to evaluate and ensure compliance with U.S. Occupational Safety
7 Kaiser GvDSum's First Undated Resnonses to Plaintiffs' Standard Interrogatories to Defendants
1 and Health Administration requirements. Plant inspection and air sampling tests were
2
conducted at the following California plants: Antioch: 8/71; 4/72 and 7/72; Santa Ana:
3
9/71. The addresses o f these plants were: Antioch Plant, Wilbur Avenue, Antioch,
4
California; Santa Ana Plant, 1302 Ritchey Street, Santa Ana, California.
5
D. KAISER GYPSUM believes that all such documents regarding its
6 Response to Interrogatory No. 21, ASBESTOS-CONTAINING, have been previously
7
provided to plaintiffs' attorneys.
8
E. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon,
9
California.
10 RESPONSE TO INTERROGATORY NO. 22:
11
A.-E. Other than the plant inspections described in its response to Interrogatory
12 No. 21, KAISER GYPSUM has conducted no such tests.
13 RESPONSE TO INTERROGATORY NO. 23:
14
No.
15 RESPONSE TO INTERROGATORY NO. 24:
16
Beginning in the early 1970's, KAISER GYPSUM began providing medical
17 examinations for those employees involved in the manufacture o f asbestos-containing
18 products.
19
A. The examinations included chest x-rays and pulmonary function tests.
20
B. The examinations were mandatory for those employees involved in the
21 manufacture o f asbestos-containing products.
22
C. Yes.
23
D. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon,
24 California.
25 RESPONSE TO INTERROGATORY NO. 25:
26
No.
27 RESPONSE TO INTERROGATORY NO. 26:
28
A.-D. KAISER GYPSUM is insured under a number o f general corporate
8
K aiser G vnsum 's First Undated R esnnnses tn Plaintiffs' Standard Tnterrnoatnries tn Defendants
1 liability insurance policies that were issued by primary insurance carriers, including
2 Truck Insurance Exchange, Fireman's Fund, The Home Insurance Company and National
3
Union Insurance Company, which KAISER GYPSUM maintains provide coverage for
4
personal injury claims. Certain policy terms and conditions are subject to disputes
5
between KAISER GYPSUM and its carriers. KAISER GYPSUM also believes that it is
6
insured under a number o f excess liability insurance policies that were issued by a
7
number o f different insurance carriers, including some that may no longer be capable of
8 responding to their obligations. The terms and conditions o f these excess policies may be
9
subject to dispute. KAISER GYPSUM has prepared a summary o f insurance information
10 in chart form which is attached hereto as Exhibit A.
11
KAISER GYPSUM will supplement this response in the event the circumstances
12 in a particular case may make more detailed information on insurance policies o f
13 relevance, taking into account the carrier and dispute resolution status pertaining at that
14 time.
15 RESPONSE TO INTERROGATORY NO. 27:
16
No.
17 RESPONSE TO INTERROGATORY NO. 28:
18
No.
19 RESPONSE TO INTERROGATORY NO. 29:
20
Not applicable.
21 RESPONSE TO INTERROGATORY NO. 30:
22
A. See response to 30(E) and 30(G).
23
B. No.
24
C. See response to 30(E) and 30(G).
25
D. See response to 30(E) and 30(G).
26
E. Yes. 1952 to 1976
27
F.
See response to 30(E) and 30(G).
28
G. Yes. 1952 to 1976.
t/a;TM.. n
9
-
.
_i--j t..*--- r \ --------------
1
H. No.
2 RESPONSE TO INTERROGATORY NO. 31:
3 I. Kaiser Gypsum's Business: Gypsum Plaster, Gypsum Lath, and Gypsum Wallboard - No Asbestos Used____________________________________
4
5
KAISER GYPSUM was organized by Henry J. Kaiser (1882-1967), the famous
6 industrialist and World War II hero, in 1952 and terminated its United States sales and
7
manufacturing in 1978. Between 1952 and 1978, KAISER GYPSUM's principal
8 business consisted o f manufacturing and marketing gypsum plaster, gypsum lath and
9
gypsum wallboard. These products never contained asbestos. The word "gypsum" is
10 derived from the Greek word "gypso," meaning chalk. Gypsum plaster is sometimes
11 called Plaster o f Paris. Gypsum occurs in nature in rock form, and is found in abundance
12 in Baja California, Mexico.
13
A. Wallboard Joint Compounds - Asbestos Used As A Component
14
When the walls or ceilings o f a room are made from gypsum wallboard, large
15 pieces o f wallboard are installed side by side, leaving small spaces where two pieces of
16 wallboard meet. These spaces need to be filled so that they cannot be seen after the wall
17 is painted or covered with wallpaper. The products used to perform that task are called
18 joint compounds or joint finishing compounds. At the time o f use, these joints
19 compounds are thick putty or mud-like substances, which permits them to be pushed into
20 the spaces and smoothed with a putty knife or spatula. Paper or cloth reinforcing tape is
21 pushed into the joint compound to help prevent cracking as the joint compound dries.
22 The joint compound dries to form a hard rock-like substance.
23
KAISER GYPSUM manufactured and marketed such wallboard joint compounds,
24 and prior to the mid-1970's, these joint compounds contained a small percentage of
25 chrysotile asbestos as a component. The purpose o f the chrysotile asbestos component
26 was to prevent cracks from forming as the joint compound dried. "Asbestos" is the Greek
27 word for "incombustible," which refers to things that will not bum. Chrysotile is the
28 most common form o f asbestos used in products in the United States. Chrysotile is a
10
1
1 fibrous rock material derived from the rock "serpentine" which is very common in
2
California, where it is the "state rock."
3
These KAISER GYPSUM products were:
4
1. Joint Cement/Joint Compound
5
2. Finishing (Topping) Compound
6
3. 3-Purpose Wallboard Compound
7
4.
One-Day Joint Compound
8
5. Pre-mix Joint Compound
9
6.
Pre-mix Finishing Compound
10
7.
Pre-mix Dual Purpose Joint Compound
11
8.
Pre-mix Topping Compound
12
9.
Laminating Compound
13
KAISER GYPSUM's separate responses to interrogatory subparts (a)-(f) for each
14 o f these products are as follows:
15
1. Joint Cement/Joint Compound
16
a.
The trade name o f this product originally was Kaiser Joint Cement;
17 in about 1957 it was changed to Kaiser Joint Compound.
18
b.
KAISER GYPSUM marketed Kaiser Joint Cement in 1952, but did
19 not itself manufacture all o f the product sold. KAISER GYPSUM does not know
A t,.
20 whether the non-manufactured product marketed in 1952 contained asbestos as a
21 component. KAISER GYPSUM began manufacturing Kaiser Joint Cement in 1952 or
22
1953, at which time chrysotile asbestos was used as a component.
23
c.
KAISER GYPSUM last manufactured Kaiser Joint Compound
24 with chrysotile asbestos as a component in 1975.
25
d.
The KAISER GYPSUM California plants that made this product
26 were located at Redwood City and Antioch. These plants were in operation at different
27 times. The product was manufactured at Redwood City from 1952 or 1953 to 1957 and
28 at Antioch from 1957 to 1975. Because o f the heavy weight o f the product, low profit
11 V flimcimi'e TTr/4ati=r1 Rpcnoncpc tn Plaintiffc' QtcmrlnrHTntprrncrfit'nripQfn T'lpfpnHflTlts
1 margin, and high transportation costs, distribution tended to center around the location of
2
the manufacturing plant. The product consisted primarily o f minerals including casein or
3
polyvinyl, clay, talc, limestone, and mica. The product manufactured in KAISER
4
GYPSUM's California plants included between 8% by weight and 16% by weight
5
chrysotile asbestos as a component, depending on the formula in effect at a given date.
6
e.
This product was a white to off-white powder. It was packaged
7
and sold in sacks o f 10 lbs. to 25 lbs., and in boxes o f 5 and 18 lbs. Each container was
8 labeled with the name o f the manufacturer, KAISER GYPSUM COMPANY, INC., the
9
name o f the product, and directions for its use.
10
f.
This product was a dry powder which, when mixed with water,
11 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to
12 fill gypsum wallboard joints, embed joint reinforcing tape, finish joints, and to cover and
13 finish nail heads and metal comerbead.
14
2.
Finishing (Topping! Com pound
15
a.
The trade name o f this product was Kaiser Gypsum Finishing
16 (Topping) Compound.
17
b.
KAISER GYPSUM began manufacturing Finishing (Topping)
18 Compound in 1955, and chrysotile asbestos was used as a component at that time.
19
c.
KAISER GYPSUM last manufactured Finishing (Topping)
20 Compound with chrysotile asbestos as a component in 1975.
21
d.
The KAISER GYPSUM California plants that made this product
22 were located at Redwood City and Antioch. These plants were in operation at different
23 times. The product was manufactured at Redwood City from 1955 to 1957 and at
24 Antioch from 1957 to 1975. Because o f the heavy weight o f the product, low profit
25 margin, and high transportation costs, distribution tended to center around the location of
26 the manufacturing plant. This product consisted primarily of minerals including casein or
27 polyvinyl, clay, talc, limestone, and mica. The product included between 5.3% by weight
28 and 16% by weight chrysotile asbestos as a component, depending on the formula in
12 ITaieAr flrmoiitn'cPirct TTn/jatArl T?Acncncoc MPloinhffc' Qton^or/1 TntArrAiTotnriAe fv\ HAfAn/lcintc
1 effect at a given time.
2
e.
This product was a white to off-white powder. It was packaged
3
and sold in sacks o f 25 lbs. Each container was labeled with the name o f the
4
manufacturer, KAISER GYPSUM COMPANY, INC., the name o f the product, and
5
instructions for its use.
6
f.
This product was a dry powder which, when mixed with water,
7
formed a thick paste. Upon application it dried to a hard, durable surface. It was used to
8
top and finish gypsum wallboard joints.
9
3. 3-Purpose Wallboard Compound
10
a.
The trade name of this product was Kaiser Gypsum 3-Purpose
11 Wallboard Compound.
12
b.
KAISER GYPSUM began manufacturing 3-Purpose Wallboard
13 Compound in 1968, and chrysotile asbestos was used as a component at that time.
14
c.
KAISER GYPSUM last manufactured 3-Purpose Wallboard
15 Compound with chrysotile asbestos as a component in 1975.
16
d.
The KAISER GYPSUM California plant that made this product
17 was located at Antioch. Because o f the heavy weight o f this product, low profit margin,
18 and high transportation costs, distribution tended to center around the location o f the
19 manufacturing plant. This product consisted primarily o f minerals including casein or
20 polyvinyl, clay, talc, limestone, and mica. The product included between 5.1% by weight
21 and 14.2% by weight chrysotile asbestos as a component, depending on the formula in
22 use at the time.
23
e.
The product was a white to off-white powder. It was packaged and
24 sold in sacks o f 25 lbs. Each sack was labeled with the name o f the manufacturer,
25 KAISER GYPSUM COMPANY, INC., the name o f the product, and directions for its
26 use.
27
f.
This product was a dry powder which, when mixed with water,
28 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to
-- ----*-- -j. TT--J 4 D
13
i-n.
iiV,5 Oln/4n T
o.e' trt PtofiitlHotltC
1 tape, top and finish gypsum wallboard joints, nailheads, and metal comerbead.
2
4. One-Dav Joint Compound
3
a.
The trade name o f this product was Kaiser Gypsum One-Day Joint
4
Compound Powder.
5
b. KAISER GYPSUM last manufactured One Day Joint Compound
6
Powder in 1968, and chrysotile asbestos was used as a component at that time.
7
c.
KAISER GYPSUM last manufactured One Day Joint Compound
8
Powder with chrysotile asbestos as a component in 1975.
9
d. The KAISER GYPSUM California plants that made this product
10 were located at Santa Ana and Antioch. Because o f the heavy weight o f the product, low
11 profit margin, and high transportation costs, distribution tended to center around the
12 location o f the manufacturing plant. The product consisted primarily o f casein limestone,
13 and mica. The product included 3.4% by weight chrysotile asbestos as a component.
14
e.
This product was a white to off-white powder. It was packaged
15 and sold in sacks o f 25 lbs. Each sack was labeled with the name o f the manufacturer,
16 KAISER GYPSUM COMPANY, INC., the name of the product, and directions for its
17 use.
18
f.
This product was a dry powder which, when mixed with water,
19 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to
20 fill gypsum wallboard joints, embed joint reinforcing tape, finish joints, and to cover and
21 finish nailhead and metal comerbead.
22
5. Pre-Mix Joint Compound
23
a.
The trade name of this product was Kaiser Gypsum Pre-Mix Joint
24 Compound.
25
b.
KAISER GYPSUM began manufacturing Pre-Mix Joint
26 Compound in 1959, and chrysotile asbestos was used as a component at that time.
27
c.
KAISER GYPSUM last manufactured Pre-Mix Joint Compound
28 with chrysotile asbestos as a component in 1962.
14
1
d.
The KAISER GYPSUM California plant that made this product
2
was located at Long Beach. Because o f the heavy weight o f the product, low profit
3
margin, and high transportation cost, distribution tended to center around the location of
4
the manufacturing plant. This product consisted primarily o f minerals including casein or
5
polyvinyl, clay, talc, limestone, and mica. The product included chrysotile asbestos as a
6
component. The percentage presently is unknown. Investigation is continuing.
7
e.
This product was a white to off-white colored paste. It was
8 packaged and sold in cans o f 4 or 5 gallons and in cartons o f 5 gallons. Each container
9
was labeled with the name o f the manufacturer, KAISER GYPSUM COMPANY, INC.,
10 the name o f the product, and directions for its use.
11
f.
This product was a thick paste-like material which, upon
12 application, dried to a hard, durable surface. It was used to fill gypsum wallboard joints,
13 embed joint reinforcing tape, finish joints, and to cover and finish nailheads and
14 comerbead.
15
6. Pre-Mix Finishing Compound
16
a.
The trade name of this product was Kaiser Gypsum Pre-Mix
17 Finishing Compound.
18
b.
KAISER GYPSUM began manufacturing Pre-Mix Finishing
19 Compound in 1959, and chrysotile asbestos was used as a component at that time.
20
c.
KAISER GYPSUM last manufactured Pre-Mix Finishing
21 Compound with chrysotile asbestos as a component in 1962.
22
d.
The KAISER GYPSUM California plant that made this product
23 was located at Long Beach. Because o f the heavy weight o f this product, low profit
24 margin, and high transportation cost, distribution tended to center around the location of
25 the manufacturing plant. This product consisted primarily o f minerals including casein or
26 polyvinyl, clay, talc, limestone, and mica. The product included chrysotile asbestos as a
27 component. The percentage presently is unknown. Investigation is continuing.
28
e.
This product was a white to off-white colored paste. It was
15
1 packaged and sold in cans o f 4 or 5 gallons and in cartons of 5 gallons. Each container
2 was labeled with the name o f the manufacturer, KAISER GYPSUM COMPANY, INC.,
3
the name o f the product, and directions for its use.
4
g.
This product was a thick paste-like material which, upon
5
application, dried to a hard, durable surface. It was used to finish gypsum wallboard
6 joints and to cover and finish nailheads and comerbead.
7
7. Pre-Mix Dual Purpose Joint Compound
8
a.
The trade name o f this product was Kaiser Gypsum Pre-Mix Dual
9
Purpose Joint Compound.
10
b.
KAISER GYPSUM began manufacturing Pre-Mix Dual Purpose
11 Joint Compound in 1960, and chrysotile asbestos was used as a component at that time.
12
c.
KAISER GYPSUM stopped manufacturing Pre-Mix Dual Purpose
13 Joint Compound with chrysotile asbestos as a component in 1975.
14
d.
The KAISER GYPSUM California plants that made this product
15 were located at Long Beach, Antioch and Santa Ana. Because o f the heavy weight of the
16 product, low profit margin, and high transportation costs, distribution tended to center
17 around the location o f the manufacturing plant. This product consisted primarily o f
18 minerals including polyvinyl, clay, talc, limestone, and mica. The product included
19 between 1.5% by weight and 6% by weight chrysotile asbestos as a component,
20 depending on the formula in effect at a given date.
21
e.
This product was a white to off-white or light buff-colored paste.
22 It was packaged and sold in 5-gallon cans or plastic pails, and 4 or 5-gallon cartons.
23 Beginning in 1966, small amounts were sold in 5-quart plastic buckets as an
24 accommodation product for lumber dealers under the name 3-Purpose Premix
25 Compound. Each container was labeled with the name o f the manufacturer, KAISER
26 GYPSUM COMPANY, INC., the name o f the product, and directions for its use.
27
f.
This product was a thick paste-like material which, upon
28 application, dried to a hard, durable surface. It was used to finish gypsum wallboard
tv"--"-- ^
" 5-
16
tA
CtnM/loi-4 Tntprmnatoripc to npfptiHantQ
1 joints, embed joint reinforcing tape, finish joints, and to cover and finish nailheads and
2 metal comerbead.
3
8. Pre-Mix Topping Compound
4
a.
The trade name o f this product was Kaiser Gypsum Pre-Mix
5
Topping Compound.
6
b.
KAISER GYPSUM began manufacturing Pre-Mix Topping
7
Compound in 1968, and chrysotile asbestos was used as a component at that time.
8
c.
KAISER GYPSUM last manufactured Pre-Mix Topping
9
Compound with chrysotile asbestos as a component in 1976.
10
d.
The KAISER GYPSUM California plants that made this product
11 were located at Santa Ana and Antioch. Because of the heavy weight o f the product, low
12 profit margin, and high transportation costs, distribution tended to center around the
13 location o f the manufacturing plant. This product consisted primarily o f minerals
14 including casein or polyvinyl, clay, talc, limestone, and mica. The product included
15 between 0.9% by weight and 2% by weight chrysotile asbestos as a component,
16 depending on the formula in effect at a given date.
17
e.
This product was a white to off-white or light buff-colored paste.
18 It was packaged and sold in metal and plastic buckets o f 4 or 5-gallons and in cartons of 4
19 gallons. Each container was labeled with the name of the manufacturer, KAISER
20 GYPSUM COMPANY, INC., the name o f the product, and directions for its use.
21
f.
This product was a thick paste-like material which, upon
22 application, dried to a hard, durable surface. It was used to top and finish gypsum
23 wallboard joints.
24
9. Laminating Compound
25
a.
The trade name of this product was Kaiser Gypsum Laminating
26 Compound.
27
b.
KAISER GYPSUM began manufacturing Laminating Compound
28 in 1961, at which time chrysotile asbestos was used as a component.
T ? : ___j. T T____ j n ____________
17
T il
O ^ _____ 1 ____ 1 T - . - l ____
t - \ _ r _____ i ___
1
c.
KAISER GYPSUM last manufactured Kaiser Gypsum Laminating
2
Compound with chrysotile asbestos as a component in 1972, at which time the product
3
was discontinued.
4
d.
The KAISER GYPSUM California plants that made this product
5
were located at Antioch and Santa Ana. These plants were in operation at different times.
6 The product was manufactured at Antioch from 1961 through 1970 and at Santa Ana in
7
1971 and 1972. Because o f the heavy weight o f the product, low profit margin, and high
8 transportation costs, distribution tended to center around the location o f the
9
manufacturing plant. The product consisted primarily o f soya flour, and limestone. The
10 product included between 6.5% by weight and 10% by weight chrysotile asbestos as a
11 component, depending upon the formula in effect at a given date.
12
e.
This product was a white to off-white powder. It was packaged
13 and sold in sacks o f 25 lbs. Each container was labeled with the name o f the
14 manufacturer, KAISER GYPSUM COMPANY, INC., the name o f the product, and
15 directions for its use.
16
f.
This product was a dry powder, which, when mixed with water,
17 formed a thick paste. It was used as an adhesive to laminate one piece o f gypsum
18 wallboard to another, which was occasionally done to create gypsum drywall partitions
19 having thicker wallboard than could be created by a single sheet.
20
KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of
21 the eight wallboard joint compound products discussed above are as follows:
22
g.
KAISER GYPSUM is unsure as to the intended meaning o f "The
23 U.S. Government's 'Qualified Products List'," but has no knowledge that any o f its
24 wallboard joint compound products ever appeared on such a list.
25
h.
KAISER GYPSUM is aware o f the following suppliers of
26 chrysotile asbestos:
27
Harrison & Crosfield
Carmonia Chemical Co.
28
Western Chemical Co.
18
1
Philip Carey Corp. (Carey Canadian Asbestos)
Johns-Manville
2
Union Carbide Corp.
E.S. Browning
3
4
Current addresses, if any, are not known to KAISER GYPSUM. Most o f the
5
specific time periods during which these firms supplied asbestos are unknown.
6
i. (1 - 3) KAISER GYPSUM sold such products to customers consisting
7
largely o f building contractors or building materials dealers.
8
KAISER GYPSUM has some retained sales orders and sales invoices for some
9
years which identify the purchasers o f KAISER GYPSUM products, the dates o f sale, the
10 amount o f each product sold and, in some cases, the sites to which the products were to
11 be delivered. Sales orders and invoices are not organized by type of product (and often
12 individual documents cover sales o f multiple products). KAISER GYPSUM has
13 previously made available to plaintiffs attorneys its retained sales records covering sales
14 to customers in the Geographic Area.
15
j.
KAISER GYPSUM has previously made available to plaintiffs
16 attorneys responsive documents sufficient to substantiate the above information.
17 KAISER GYPSUM regards and maintains its product formulas as confidential business
18 information. Incidental to the sale o f production facilities in which asbestos-containing
19 products were previously manufactured, KAISER GYPSUM transferred its trade secrets,
20 intangible property rights, and other confidential and proprietary business information,
21 and assumed obligations to maintain their confidentiality.
22
B. Decorative Texture Finishes For Interior Walls Or Ceilings - Asbestos
Used As A Component_______________________________________
23
24
Drywall partitions or walls made from gypsum wallboard are sometimes
25 decorated with wall covering or wallpaper that is fixed to the wall by an adhesive or glue.
26 On other occasions, such walls are finished by painting them. There are many varieties
27 o f paint, including some that are intended to create a textured surface (rather than a
28 smooth surface). KAISER GYPSUM manufactured and marketed several texture paint
19
1 products that, during certain years, used chrysotile asbestos as one of numerous
2
components. Drywall ceilings are sometimes finished with decorative products, as are
3
the cement slab ceilings found in some high-rise buildings. KAISER GYPSUM also
4
manufactured and marketed decorative texture products for use on such interior ceilings
5
that, during certain years, used chrysotile asbestos as one o f numerous components. The
6 KAISER GYPSUM decorative wall and ceiling texture products were:
7
1. Cover-Tex Texture Paint
8
2.
Spray-Tex or Spray Cover-Tex Texture Paint
9
3. Kaiser-Tex Texture Paint
10
4.
Cover-Tex (TSS) Wall Texture
11
5. K-Spray Ceiling Texture
12
KAISER GYPSUM's responses to interrogatory subparts (a)-(f) for each of these
13 products are as follows:
14
1. Cover-Tex Texture Paint
15
a.
The trade name o f this product was Cover-Tex Texture Paint.
16
b.
KAISER GYPSUM marketed Cover-Tex Texture Paint in 1952,
17 but it did not itself manufacture all o f the product sold. KAISER GYPSUM does not
18 know whether the non-manufactured product marketed in 1952 contained asbestos.
19 KAISER GYPSUM began manufacturing this product in 1953, at which time chrysotile
20 asbestos was used as a component.
21
c.
KAISER GYPSUM last manufactured Cover-Tex Texture Paint
22 with chrysotile asbestos as a component in 1967, when the product was discontinued.
23
d.
The KAISER GYTSUM California plants that made this product
24 were located in Redwood City and Antioch. These plants were in operation at different
25 times. The product was manufactured at Redwood City from 1953 through 1957 and at
26 the Antioch plant from 1957 through 1967. Because o f the heavy weight o f the product,
27 low profit margin, and high transportation costs, distribution tended to center around the
28 location o f the manufacturing plant. The product consisted primarily o f casein,
rr
--i .
t"
tt i_ i. J n
20
__
j . n l _ * . , m j n . . _ i 1 t . . j.
_ i
t \ . *
I
i..
1 limestone, and mica. The product included between 4.4% by weight and 8.6% by weight
2 chrysotile asbestos as a component, depending upon the formula in effect at a given date.
3
e.
This product was a white to off-white powder. It was packaged
4
and sold in sacks o f 25 lbs. and o f 50 lbs. Each container was labeled with the name o f
5
the manufacturer, KAISER GYPSUM COMPANY, INC., the name o f the product, and
6 directions for its use.
7
f.
This product was a dry powder which, when mixed with water
8 formed a texture paint. It was used to produce texture effects over gypsum wallboard
9
surfaces.
10
2. Sprav-Tex Or Spray Cover-Tex Texture Paint
11
a.
The initial trade name o f this product was Spray-Tex. It was later
12 changed to Spray Cover-Tex Texture Paint.
13
b. KAISER GYPSUM last manufactured Spray Cover-Tex Texture
14 Paint with chrysotile asbestos as a component in 1967, when the product was
15 discontinued.
16
d.
The KAISER GYPSUM California plants that made this product
17 were located in Redwood City and Antioch. These plants were in operation at different
18 times. The product was manufactured at Redwood City from 1956 through 1957 and at
19 the Antioch plant from 1957 through 1967. Because o f the heavy weight o f the product,
20 low profit margin, and high transportation costs, distribution tended to center around the
21 location o f the manufacturing plant. The product consisted primarily o f casein,
22 limestone, and mica. The product included between 6.6% by weight and 36.6% by
23 weight chrysotile asbestos as a component, depending upon the formula in effect at a
24 given date.
25
e.
This product was a white to off-white powder. However, some
26 colored versions o f the product were offered. It was packaged and sold in sacks o f 25 lbs.
27 and o f 50 lbs. Each container was labeled with the name o f the manufacturer, KAISER
28 GYPSUM COMPANY, INC., the name o f the product, and directions for its use.
21
1
f.
This product was a dry powder which, when mixed with water,
2
formed a texture paint that was used to produce texture effects over gypsum wallboard
3
surfaces.
4
3. Kaiser-Tex Texture Paint
5
a.
The trade name o f this product was Kaiser-Tex Texture Paint.
6
b. KAISER GYPSUM marketed Kaiser-Tex Texture Paint in 1952,
7
but it did not itself manufacture all o f the product sold. KAISER GYPSUM does not
8 know whether the non-manufactured product marketed in 1952 contained asbestos.
9
KAISER GYPSUM began manufacturing this product in 1952 or 1953, at which time
10 chrysotile asbestos was used as a component.
11
c.
KAISER GYPSUM last manufactured Kaiser-Tex texture paint
12 with chrysotile asbestos as a component in 1967, when the product was discontinued.
13
d.
The KAISER GYPSUM California plants that made this product
14 were located in Redwood City and Antioch. These plants were in operation at different
15 times. The product was manufactured at Redwood City from 1952 or 1953 through 1957
16 and at the Antioch plant from 1957 through 1967. Because o f the heavy weight o f the
17 product, low profit margin, and high transportation costs, distribution tended to center
18 around the location o f the manufacturing plant. The product consisted primarily o f
19 casein, limestone, and mica. The product included between 4.0% by weight and 8.0% by
<y
20 weight chrysotile asbestos as a component, depending upon the formula in effect at a
21 given date.
22
e.
This product was a white to off-white powder; however, some
23 colored paints were sold. It was packaged and sold in sacks o f 10 lbs. and o f 25 lbs.
24 Each container was labeled with the name o f the manufacturer, KAISER GYPSUM
25 COMPANY, INC., the name o f the product, and directions for its use.
26
f.
This product was a dry powder which, when mixed with water,
27 formed a texture paint. It was used to produce texture effects over gypsum wallboard
28 surfaces.
tr - :
r r ___ n _
22
m .;
o i _____ l ____ i
, 4 ____
1
4. Cover-Tex (TSSI Wall Texture
2
a.
The trade name o f this product was Kaiser Gypsum Cover-Tex
3
(TSS) Wall Texture Paint.
4
b.
KAISER GYPSUM began manufacturing Cover-Tex Wall Texture
5
in 1968, at which time chrysotile asbestos was used as a component.
6
c.
KAISER GYPSUM last manufactured Cover-Tex Wall Texture
7
with chrysotile asbestos as a component in 1975.
8
d. The KAISER GYPSUM California plants that manufactured this
9
product were Santa Ana and Antioch. The product was manufactured at Santa Ana from
10 1968 through 1975 and at the Antioch plant from 1968 through 1975. Because o f the
11 heavy weight o f the product, low profit margin, and high transportation costs, distribution
12 tended to center around the location o f the manufacturing plant. The product consisted
13 primarily o f casein, limestone, and mica. The product included between 4.2% by weight
14 and 8.7% by weight chrysotile asbestos as a component, depending upon the formula in
15 effect at a given date.
16
e.
The product was a white to off-white powder. It was packaged and
17 sold in 50 lb. sacks. Each container was labeled with the name o f the manufacturer,
18 KAISER GYPSUM COMPANY, INC., the name o f the product, and directions for its
19 use.
20
f.
This was a dry powder which, when mixed with water, formed a
21 paint-like product designed for hand or spray application. When dry, it produced a hard,
22 durable surface. It was used to produce texture effects over gypsum wallboard surfaces.
23
5. K-Sprav Ceiling Texture
24
a.
The trade name of this product was Kaiser Gypsum K-Spray
25 Ceiling Texture.
26
b.
KAISER GYPSUM began manufacturing K-Spray Ceiling Texture
27 in 1961, at which time chrysotile asbestos was used as a component.
28
c.
KAISER GYPSUM last manufactured K-Spray Ceiling Texture
23
1 with chrysotile asbestos as a component in 1975.
2
d. The KAISER GYPSUM California plants that manufactured this
3
product were Santa Ana and Antioch. The product was manufactured at Santa Ana from
4
1973 through 1975 and at the Antioch plant from 1961 through 1971. Because o f the
5
heavy weight o f the product, low profit margin, and high transportation costs, distribution
6
tended to center around the location of the manufacturing plant. The product consisted
7
primarily o f casein, limestone, and mica. The product included between 1.3% by weight
8 and 9.9% by weight chrysotile asbestos as a component, depending upon the formula in
9
effect at a given date.
10
e.
The product was a white powder with either a mineral or
11 polystyrene aggregate. It was packaged and sold in 32 lb. sacks. Each container was
12 labeled with the name o f the manufacturer, KAISER GYPSUM COMPANY, INC., the
13 name o f the product, and directions for its use.
14
f.
This was a dry powder which, when mixed with water, formed a
15 paint-like product designed for spray application. When dry, it produced a hard, durable
16 surface. It was used to produce texture effects over gypsum wallboard or interior
17 concrete ceilings.
18
KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of
19 the five decorative texture products discussed above are as follows:
20
g.
KAISER GYPSUM is unsure as to the intended meaning o f "The
21 U.S. Government's 'Qualified Products List,"' but has no knowledge that any o f its
22 decorative texture products ever appeared on such a list.
23
h.
KAISER GYPSUM is aware o f the following suppliers of
24 chrysotile asbestos:
25
Harrison & Crosfield
Carmonia Chemical Co.
26
Western Chemical Co.
Philip Carey Corp. (Carey Canadian Asbestos)
27
Johns-Manville
Union Carbide Corp.
28
E.S. Browning
24
1
Current addresses, if any, are not known to KAISER GYPSUM. Most o f the
2 specific time periods during which these firms supplied asbestos are unknown.
3
i. (1 - 3) KAISER GYPSUM sold such products to customers consisting
4
largely o f building contractors or building materials dealers.
5
KAISER GYPSUM has some retained sales orders and sales invoices for some
6 years which identify the purchasers o f KAISER GYPSUM products, the dates o f the
7
sales, the amount o f each product sold, and, in some cases, the sites to which the products
8 were to be delivered. Sales orders and invoices are not organized by type o f product (and
9
often individual documents cover sales o f multiple products). KAISER GYPSUM has
10 previously made available for inspection its retained sales records covering sales to
11 customers in the Geographic Area.
12
j.
KAISER GYPSUM has made available for inspection to plaintiffs'
13 attorneys responsive documents sufficient to substantiate the above information.
14 KAISER GYPSUM regards and maintains its product formulas as confidential business
15 information. Incidental to the sale o f production facilities in which asbestos-containing
16 products were previously manufactured, KAISER GYPSUM transferred its trade secrets,
17 intangible property rights, and other confidential and proprietary business information,
18 and assumed obligations to maintain their confidentiality.
19
C. Electric Radiant Heath System Finishing Products - Asbestos Used As
A Component___________ 2__________ ;________________________
20
21
In areas where electricity was expected to be particularly inexpensive, some
22 houses and apartments were constructed with electric radiant heating systems. In some
23 such radiant heating systems, grooves were cut in gypsum wallboard ceilings and
24 electrical heating cables secured in the grooves. The groove-cracks were then filled and
25 the ceiling covered with a decorative finish. In other systems, electric heating wires were
26 stapled to the surface o f wallboard. Then the ceiling was covered with a thick decorative
27 finish that would conceal the heating wires. KAISER GYPSUM made several products
28 for finishing such systems, and these products used chrysotile asbestos as one of
25
i r\
r u _ : : r ! T _ > n . __ J ____ t T -- 4--..
1 numerous components. These KAISER GYPSUM products were:
2
1. Filler Compound
3
2.
Radiant Heat Compound
4
3.
Radiant Heath Scrimless Surfacing Compound
5
KAISER GYPSUM's responses to interrogatory subparts (a)-(f) for each o f these
6 products are as follows:
7
1. Filler Compound
8
a.
The trade name o f this product was Kaiser Gypsum Filler
9
Compound.
10
b.
KAISER GYPSUM began manufacturing Filler Compound in
11 1961, at which time chrysotile asbestos was used as a component.
12
c.
KAISER GYPSUM last manufactured Filler Compound with
13 chrysotile asbestos as a component in 1972, when the product was discontinued.
14
d.
The KAISER GYPSUM California plant that made this product
15 was located at Antioch. It manufactured Filler Compound from 1961 to 1970. Because
16 o f the heavy weight o f the product, the low profit, margin and high transportation costs,
17 distribution tended to center around the location o f the manufacturing plant. The product
18 consisted primarily o f minerals including limestone, and mica. The product used
19 chrysotile asbestos as a component in its formula, but the amount o f asbestos called for in
20 the formula used to manufacture the product at the Antioch plant is uncertain.
21 Investigation is continuing.
22
e.
This product was a white to off-white powder. It was packaged
23 and sold in sacks o f 50 lbs. Each container was labeled which contained the name o f the
24 manufacturer, KAISER GYPSUM COMPANY, INC., the name o f the product, and
25 directions for its use.
26
f.
This product was a dry powder, which, when mixed with water,
27 formed a thick paste. Upon application it dried to a hard, durable surface. It was used to
28 cover Radiant Heating System ceiling surfaces.
26
______ 1 _ _ J T --
1
2. Radiant Heat Compound
2
a.
The trade name o f this product was Kaiser Gypsum Radiant Heat
3
Compound.
4
b.
KAISER GYPSUM began manufacturing this product in 1968, at
5
which time chrysotile asbestos was used as a component.
6
c.
KAISER GYPSUM last manufactured Radiant Heat Compound
7
with chrysotile asbestos as a component in 1974, when the product was discontinued.
8
d.
The KAISER GYPSUM California plant that made this product
9
was located in Santa Ana, where it was manufactured from 1968 through 1974. Because
10 o f the heavy weight o f the product, the low profit margin, and high transportation costs,
11 distribution tended to center around the location of the manufacturing plant. The product
12 consisted primarily o f sand and white portland cement. The product included between
13 3.3% by weight and 3.6% by weight chrysotile asbestos as a component.
14
e.
This product was a white to off-white powder. It was packaged
15 and sold in sacks o f 60 lbs. Each container was labeled with the name o f the
16 manufacturer, KAISER GYPSUM COMPANY, INC., the name o f the product, and
17 directions for its use.
18
f.
This product was a dry powder, which, when mixed with water,
19 formed a thick paste that was used to cover radiant heating cables stapled to ceiling
20 surfaces.
21
3. Radiant Heat Scrimless Surfacing Compound
22
a.
The trade name o f this product was Kaiser Gypsum Radiant Heat
23 Scrimless Surfacing Compound.
24
b.
KAISER GYPSUM began manufacturing this product in
25 California in 1972, at which time chrysotile asbestos was used as a component.
26
c.
KAISER GYPSUM last manufactured Radiant Heat Scrimless
27 Surfacing Compound with chrysotile asbestos as a component in 1974, when the product
28 was discontinued.
27
o
C)
1
d. The KAISER GYPSUM California plant that made this product
2
was located in Santa Ana, where it was manufactured from 1972. Because o f the heavy
3 weight o f the product, the low profit, margin and high transportation costs, distribution
4
tended to center around the location of the manufacturing plant. The product consisted
5 primarily o f sand, silica, flour, and mica. The product included 5% by weight chrysotile
6
asbestos as a component.
7
e.
This product was a greenish powder. It was packaged and sold in
8
sacks o f 25 lbs. and in sacks o f 50 lbs. Each container was labeled with the name o f the
9
manufacturer, KAISER GYPSUM COMPANY, INC., the name of the product, and
10 directions for its use.
11
f.
This product was a dry powder, which, when mixed with water,
12 formed a thick paste that was used to cover radiant heating cables embedded in ceiling
13 surfaces.
14
KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to all of
15 the three radiant heating system surfacing products discussed above are as follows:
16
g. KAISER GYPSUM is unsure as to the intended meaning o f "The
17 U.S. Government's 'Qualified Products List,"' but has no knowledge that any o f its radiant
18 heating system surfacing products ever appeared on such a list.
19
h.
KAISER GYPSUM is aware o f the following suppliers o f
20 asbestos:
21
Harrison & Crosfield
Carmonia Chemical Co.
22
Western Chemical Co.
Philip Carey Corp. (Carey Canadian Asbestos)
23
Johns-Manville
Union Carbide Corp.
24
E.S. Browning
25
Current addresses, if any, are not known to KAISER GYPSUM. Most o f the
26 specific time periods during which these firms supplied asbestos are unknown.
27
i. (1 - 3) KAISER GYPSUM sold such products to customers consisting
28 largely o f building contractors or building materials dealers.
28
m _2
O i _____ 1 ____ 1
1
KAISER GYPSUM has some retained sales orders and sales invoices for some
2
years which identify the purchasers o f KAISER GYPSUM products, the dates o f the
3
sales, the amount o f each product sold, and, in some cases, the sites to which the products
4
were to be delivered. Sales orders and invoices are not organized by type o f product (and
5
often individual documents cover sales o f multiple products). KAISER GYPSUM has
6
previously made available to plaintiffs attorneys its retained sales records covering sales
7
to customers in the Geographic Area.
8
j.
KAISER GYPSUM has previously made available to plaintiffs
9
attorneys responsive documents sufficient to substantiate the above information.
10 KAISER GYPSUM regards and maintains its product formulas as confidential business
11 information. Incidental to the sale o f production facilities in which asbestos-containing
12 products were previously manufactured, KAISER GYPSUM transferred its trade secrets,
13 intangible property rights, and other confidential and proprietary business information,
14 and assumed obligations to maintain their confidentiality.
15
D. G ypsum W allboard Accessories For E xterior Use - Asbestos Used As
A C om ponent__________________________________________________
16
17
KAISER GYPSUM experimented with gypsum wallboard products for use on the
18 exterior surfaces o f buildings, but those products proved unsuccessful. KAISER
19 GYPSUM never discovered a way for them to be manufactured that would allow them to
20 effectively withstand the wide variety o f weather and temperature conditions that exterior
21 products confront. Those exterior gypsum products were marketed in several test areas
22 and, as in the case o f interior gypsum drywall products, required the use o f materials to
23 fill the spaces between pieces o f gypsum wallboard and to provide a decorative finish.
24 KAISER GYPSUM offered products for those purposes whose components included
25 small percentages o f chrysotile asbestos. These products were:
26
1.
X-Terior Premix Prefill Compound
27
2.
X-Terior Premix Wall Texture Compound
28
KAISER GYPSUM's responses to interrogatory subparts (a)-(f) for each of these
29
1 products are as follows:
2
1. X-Terior Premix Prefill Compound
3
a.
The trade name o f this product was Kaiser Gypsum X-Terior
4
Premix Prefill Compound.
5
b.
&c. KAISER GYPSUM began and ceased marketing this product
6
during 1975. Chrysotile asbestos was used as a component for the brief period during
7
which this product was manufactured.
8
d.
The KAISER GYPSUM California plant that made this product
9
was located at Antioch. The product was marketed in a limited market area where
10 exterior gypsum wallboard was being sold on a test basis. Kaiser Gypsum X-Terior
11 Premix Prefill Compound was made primarily o f raw gypsum, PVA emulsion, and mica.
12 The product included 1.5% by weight chrysotile asbestos as a component.
13
e.
This product was a white to off-white paste. It was packaged and
14 sold in metal cans and plastic buckets o f 60 lbs., and in cartons o f 48 lbs. and 60 lbs.
15 Each container was labeled with the name o f the manufacturer, KAISER GYPSUM
16 COMPANY, INC., the name o f the product, and directions for its use.
17
f.
This product was a paste that was used to pre-fill joints in gypsum
18 wallboard installed on building exteriors.
19
2. X-Terior Premix Wall Texture Compound
20
a.
The trade name o f this product was Kaiser Gypsum X-Terior
21 Premix Wall Texture Compound.
22
b.
&c. KAISER GYPSUM began and ceased marketing this product
23 during 1975. Chrysotile asbestos was used as a component for the brief period during
24 which this product was manufactured.
25
d.
The KAISER GYPSUM California plant that made this product
26 was located at Antioch. The product consisted primarily o f limestone, acrylic emulsion,
27 and mica. The product included 1.5% by weight chrysotile asbestos as a component.
28
e.
The product was a white to off-white paste. It was packaged and
30
3
O
1 sold in 58 lb. metal cans, plastic buckets and cartons. Each container was labeled with
2
the name o f the manufacturer, KAISER GYPSUM COMPANY, INC., the name o f the
3 product, and directions for its use.
4
f.
This product was a white to off-white paste that was used to
5
provide surface texture to gypsum wallboard on building exteriors.
6
KAISER GYPSUM's responses to interrogatory subparts g.-j. applicable to the
7
two exterior finishing products discussed above are as follows:
8
g.
KAISER GYPSUM is unsure as to the intended meaning o f "The
9
U.S. Government's 'Qualified Products List,'" but has no knowledge that any o f its
10 exterior finishing products ever appeared on such a list.
11
h.
KAISER GYPSUM is aware of the following suppliers of
12 chrysotile asbestos:
13
Harrison & Crosfield
Carmonia Chemical Co.
14
Western Chemical Co.
Philip Carey Corp. (Carey Canadian Asbestos)
15
Johns-Manville
Union Carbide Corp.
16
E.S. Browning
17
Current addresses, if any, are not known to KAISER GYPSUM. Most o f the
18 specific time periods during which these firms supplied asbestos are unknown.
19
i. (1 - 3): KAISER GYPSUM sold such products to customers consisting
20 largely o f building contractors or building materials dealers.
21
KAISER GYPSUM has some retained sales orders and sales invoices for some
22 years which identify the purchasers o f KAISER GYPSUM products, the dates o f the
23 sales, the amount o f each product sold, and, in some cases, the sites to which the products
24 were to be delivered. Sales orders and invoices are not organized by type o f product (and
25 often individual documents cover sales o f multiple products). KAISER GYPSUM has
26 previously made available to plaintiffs attorneys its retained sales records covering sales
27 to customers in the Geographic Area.
28
j . KAISER GYPSUM has previously made available to plaintiffs
31
1 attorneys responsive documents sufficient to substantiate the above information.
2 KAISER GYPSUM regards and maintains its product formulas as confidential business
3
information. Incidental to the sale o f production facilities in which asbestos-containing
4
products were previously manufactured, KAISER GYPSUM transferred its trade secrets,
5
intangible property rights, and other confidential and proprietary business information,
6 and assumed obligations to maintain their confidentiality. Consistent with those property
7
rights and obligations, KAISER GYPSUM is prepared to produce the formulas for
8 asbestos-containing products marketed in the Geographic Area under a confidentiality
9
agreement.
10 II. Products Made At Kaiser Gypsum's Oregon Plant
11
From 1956 to 1978, KAISER GYPSUM owned and operated a plant located at St.
12 Helens, Oregon whose basic capability was to make building construction products by
13 compressing wood fibers extracted from wood chips to make various types o f sheets and
14 boards used in constructing buildings.
15
The overwhelming majority o f the products KAISER GYPSUM made at its
16 Oregon plant were sold with the trademark "Firtex." No product sold under this trade
17 name ever used asbestos as a component.
18
Firtex products also included materials intended for use on ceilings. One type
19 was tiles that could be glued or tacked to ceilings to reduce noise. Another group o f such
20 products was used in suspended ceilings. KAISER GYPSUM found that the
21 manufacturing machinery at its St. Helens, Oregon plant could be used to make ceiling
22 tiles and lay-in boards for suspended ceilings with various types o f mineral wool as the
23 principal component (instead o f wood chips). KAISER GYPSUM marketed such "Kaiser
24 Gypsum Mineral Fibreboard" products for many years. KAISER GYPSUM never used
25 asbestos as a component in any o f its 1-hour fire-rated products.
26
A. Two-Hour Fire-Rated Mineral Fiberboard, Underwriters'
Laboratories. Inc. Design - Asbestos Used As A Component
27
28
Fire code officials came to insist that in some types o f buildings ceiling tiles or
32
r_ . . j _ ..
1 suspended ceiling lay-in boards must be able to resist fire for at least 2 hours. KAISER
2
GYPSUM attempted to qualify mineral fiberboard products manufactured at its St.
3 Helens, Oregon plant under this standard, but initial efforts proved unsuccessful. This
4
was because under the fire heat o f test conditions, the square or rectangular mineral
5
fiberboard products would lose their shape in less than 2 hours, creating cracks between
6
the pieces that would let the fire through, causing the products to fail the test. Eventually,
7
KAISER GYPSUM discovered that if small amounts of asbestos were added, the mineral
8
fiber ceiling tiles and lay-in boards could be made to hold their shape for 2 hours under
9
the conditions o f fire tests conducted by Underwriters Laboratories, and those versions of
10 the products received the desired 2-hour fire resistance classification. KAISER
11 GYPSUM marketed the 2-hour fire-rated products, called "Underwriters' Laboratories
12 Design" for about a decade, but the product was not very successful due in part to its high
13 costs.
14
KAISER GYPSUM's responses to interrogatory subparts a.-j. for this minor
15 product are as follows:
16
a.
The trade name of this product, a mineral fiber product, was Kaiser
17 Mineral Fiberboard - U.L. Fire-Rated (Underwriters' Laboratories, Inc. Design). The
18 same product was cut into ceiling tiles and lay-in boards for use in suspended ceilings. It
19 was used for acoustical ceiling tile and suspended lay-in board in circumstances where a
20 2-hour fire resistance classification was specified. Both the ceiling tiles and the lay-in
21 boards were sold under the trade name "Kaiser Mineral Fiberboard-U.L. Fire-Rated
22 (Underwriters' Laboratories, Inc. Design)."
23
b.
KAISER GYPSUM began manufacturing Mineral Fiberboard-U.L
24 Fire-Rated with chrysotile asbestos as a component in 1963.
25
c.
KAISER GYPSUM last manufactured Mineral Fiberboard-U.L.
26 Fire-Rated with chrysotile asbestos as a component in 1974, when the 2-hour fire-rated
27 product was discontinued.
28
d.
The plant that made this product was located at St. Helens, Oregon.
33
rv
___ J _____
1 This product included 1.6% by weight chrysotile asbestos as a component.
2
e.
This product consisted o f ceiling tiles and lay-in boards with face
3
side white or colored, and with a perforated or fissured design for acoustical treatment.
4
The tiles were 5/8" by 12" by 12." The lay-in boards came in various sizes, the most
5
common being 1/2" or 5/8" by 24" by 24" and 1/2" or 5/8" by 24" by 48." They were
6 packaged and sold in boxes o f various quantities. The boxes contained the name o f the
7
manufacturer, KAISER GYPSUM Company, Inc., the name o f the product, and other
8 printed material. KAISER GYPSUM's 2-hour fire-rated ceiling tiles and suspended
9
ceiling lay-in board products (in which chrysotile asbestos was used as a component)
10 were required to be specially marked because they looked similar to other KAISER
11 GYPSUM mineral fiberboard ceiling tiles and lay-in boards (that did not contain asbestos
12 as a component) and building inspectors wanted to be able to check to make sure that
13 products with a 2-hour fire resistance classification actually were being used by the
14 building contractor when those had been specified. It is believed that 2-hour fire-rated
15 ceiling tile and suspended ceiling lay-in board were stamped on the back with either the
16 initial "KG" or the word "KAISER GYPSUM." It is believed that this marking was
17 employed during the entire period that the 2-hour fire-rated products were manufactured
18 by KAISER GYPSUM.
19
f.
This product was used for acoustical ceiling tile and suspended
20 lay-in board in circumstances where a 2-hour fire resistance classification was specified.
21
g.
KAISER GYPSUM is unsure as to the intended meaning o f "The
22 U.S. Government's 'Qualified Products List,"' but has no knowledge that any o f its 2-hour
23 fire-rated mineral fiberboard products ever appeared on such a list.
24
h.
KAISER GYPSUM is aware o f the following suppliers o f
25 chrysotile asbestos to its St. Helens' Plant:
26
Loomis Chemical Co.
Benson Chemical Co.
27
28
Current addresses, if any, are not known to KAISER GYPSUM. Most o f the
34
1 specific time periods during which these firms supplied asbestos are unknown.
2
i. (1 - 3) KAISER GYPSUM sold such products to customers consisting
3
largely o f building contractors or building materials dealers.
4
KAISER GYPSUM has some retained sales orders and sales invoices for some
5
years which identify the purchasers of KAISER GYPSUM products, the dates of the
6
sales, the amount o f each product sold, and, in some cases, the sites to which the products
7
were to be delivered. Sales orders and invoices are not organized by type o f product (and
8 often individual documents cover sales o f multiple products). KAISER GYPSUM has
9 previously made available to plaintiffs attorneys its retained sales records covering sales
10 to customers in the Geographic Area.
11
j.
KAISER GYPSUM has previously made available to plaintiffs
12 attorneys responsive documents sufficient to substantiate the above information.
13 KAISER GYPSUM regards and maintains its product formulas as confidential business
14 information. Incidental to the sale o f production facilities in which asbestos-containing
15 products were previously manufactured, KAISER GYPSUM transferred its trade secrets,
16 intangible property rights, and other confidential and proprietary business information,
17 and assumed obligations to maintain their confidentiality.
18 III. Types of Products Kaiser Gypsum Never Made And Never Marketed
19
KAISER GYPSUM has never mined, milled, or marketed asbestos. KAISER
20 GYPSUM never designed, manufactured, or marketed any product in which amosite,
21 crocidolite, or other amphibole forms o f asbestos were used as a component. KAISER
22 GYPSUM never designed, manufactured, or marketed floor tile, pipe insulation or pipe
23 covering, refractory products, boiler insulation, acoustical plaster, sprayed fireproofing,
24 or sprayed thermal insulation products. KAISER GYPSUM never designed,
25 manufactured, or marketed any sort o f brake products. It never designed, manufactured,
26 or marketed paper products, textile products, or roofing products in which asbestos was
27 used as a component. KAISER GYPSUM never designed, manufactured, or marketed
28 any products intended for use in ships or shipyards, or any products intended for use in
35
1 trains or other railroad equipment or railroad facilities.
2 IV. Null-A-Fire Type-X Gypsum Wallboard - Allegedly Contaminated Vermiculite Ore__________________________________________
3
4
This part o f KAISER GYPSUM's response, though not directly called for by the
5
subject interrogatories, is being made in light of earlier versions of KAISER GYPSUM's
6 responses to standard interrogatories and evolving knowledge, in the context of historical
7
regulatory uncertainties about whether vermiculite ore used as a component in some
8 Kaiser Gypsum Null-A-Fire Type-X Gypsum Wallboard products which may have been
9
contaminated in a way that caused certain workers to be exposed to airborne "asbestos."
10 KAISER GYPSUM's position is that no Kaiser Gypsum Null-A-Fire Type-X Gypsum
11 Wallboard using vermiculite ore as a component could have been a substantial
12 contributing factor to any disease caused by exposure to airborne asbestos fibers.
13
As background, in 1954, KAISER GYPSUM introduced Null-A-Fire brand
14 wallboard, a 5/8" thick gypsum wallboard that was approved by the Research Committee
15 o f the Pacific Coast Building Officials Conference and certified by the National Board of
16 Fire Underwriters for a one-hour rating. Wallboard products that were fire-rated were
17 labeled as "Type X" to distinguish them from ordinary gypsum wallboard products that
18 had not passed fire-rating tests.
19
When introduced in 1954, the primary component o f KAISER GYPSUM's Null-
20 A-Fire wallboard was gypsum stucco, which is the gypsum plaster that forms the greatest
21 percentage by weight o f all gypsum wallboard. KAISER GYPSUM found that, by
22 adding small proportions o f glass fiber and perlite, a board could be constructed that
23 would resist shrinking and cracking under the heat o f the fire test for the required one-
24 hour period. Perlite is a very light substance, white in color, that looks like puffed
25 breakfast cereal. It is often used in soil for potted plants to help keep the soil from
26 caking.
27
KAISER GYPSUM continued to market its Null-A-Fire Type X Gypsum
28 Wallboard products that contained perlite for more than a decade following their
36
1 introduction in 1954.
2
Until 1965, KAISER GYPSUM could not use vermiculite to provide fire
3
protection in gypsum wallboard because other companies had secured patents from the
4
United States government which gave them exclusive rights to use vermiculite in their
5
gypsum wallboard products. In 1965, KAISER GYPSUM began using vermiculite in its
6
wallboard products to provide increased protection against fire. Vermiculite is a mica
7
like mineral found in the ground in a number o f places. Such expanded vermiculite is
8 used by nurseries everywhere to help hold air and moisture in plant soil so that young
9
plants will grow faster and stronger.
10
Once fire-rated and approved, KAISER GYPSUM began marketing vermiculite-
11 containing gypsum wallboard under its Null-A-Fire brand. KAISER GYPSUM
12 manufactured limited quantities o f V" Null-A-Fire Type X Wallboard beginning in 1967,
13 and began manufacturing 5/8" Null-A-Fire Type X Wallboard in 1969. It continued to
14 market such products until it disposed o f the last of its gypsum business in April 1978.
15 Like other wallboard products, those Null-A-Fire wallboards consisted primarily of
16 gypsum plaster. The formulas varied over the years, but the vermiculite ore percentage
17 did not exceed 4% by weight o f the products.
18
Controversy concerning vermiculite reflects the regulatory proposals published
19 and regulations adopted by the U.S. Occupational Safety and Health Administration
20 ("OSHA"). OSHA is a U.S. government agency, created by federal legislation in 1970,
21 that adopts and enforces workplace safety and health regulations. OSHA has been
22 controversial from the beginning. California's parallel state program was terminated
23 several years ago.
24
The federal OSHA undertook to regulate exposure to "asbestos" in the workplace
25 as one o f its first regulatory undertakings, and OSHA adopted regulations on asbestos in
26 1972. In due course, OSHA began to threaten manufacturers who used various
27 substances other than asbestos with charges o f violating the OSHA asbestos exposure
28 regulations. This triggered a long-lasting legal and scientific dispute concerning what
37 Voicor flvncnm'o T7irct TTr\HatpHPpcnnncpc tn Plaintiffc'
TntprrnOiltnripR tn DpfpnHantS
( i
r 1
1 minerals are "asbestos" for purposes of the OSHA regulations and what minerals should
2 be regulated like asbestos even if they are not asbestos.
3
In that context, vermiculite supplier W.R. Grace & Co. (hereinafter "Grace")
4
issued an "Important Notice to Vermiculite Ore Processors," dated March 17,1976,
5
warning that "employers o f workers handling vermiculite ore" should be "aware o f the
6
OSHA regulations," because OSHA was applying them to Grace vermiculite plants and
7
proposed to make the regulation o f dust more strict under the regulations. Grace stated
8 that the issues related to vermiculite reflected a "tramp" mineral "found in vermiculite
9
deposits" named "tremolite, defined by OSHA as one o f the asbestos family." Disputes
10 over these OSHA proposals persisted for years. Then, on June 20,1986, OSHA
11 published in the Federal Register (at 51 Fed. Reg. 22612) a "final rule" that defined
12 "asbestos" to include "tremolite" and applied asbestos exposure limits and warnings to
13 tremolite. However, shortly thereafter those regulations were "stayed," that is, not made
14 effective, by OSHA as to tremolite and several other minerals to prevent the federal
15 courts from deciding whether the regulations were "arbitrary and capricious." (See 51
16 Fed. Reg. 37002; Oct. 17,1986.) The scientific and regulatory debate continued for years
17 until OSHA published regulations in 1992 (57 Fed. Reg. 24310; June 8,1992) declaring
18 that some tremolite is "platy," or non-fibrous, and that "platy tremolite" would not be
19 deemed to be asbestos.
<*v
20
However, OSHA found other tremolite was fibrous or "asbestiform" and that such
21 "asbestiform tremolite" would be regulated as asbestos. OSHA further limited these
22 regulations by providing that even products with asbestiform tremolite would not be
23 subject to asbestos regulation if asbestiform tremolite "is present in a product in
24 concentrations less than 1.0 percent by weight."
25
KAISER GYPSUM admits that, for a limited number o f years, some o f its Null-
26 A-Fire products contained vermiculite, but KAISER GYPSUM denies that these products
27 contained asbestiform tremolite. KAISER GYPSUM further contends that any attempt
28 under state law to deem any products that have less than the amount that would subject
38
T /-
G , r w n i i m ' ft
T T * 4 n fn 4 D n n a a n , n n n f /\ D 1 n iri+ i f f n ' C f n n /Io r/4 T tlta r f A n o tA r iO P f n
1 them to federal regulation to be asbestos-containing products would be preempted by
2
federal law and the Supremacy Clause o f the U.S. Constitution.
3 RESPONSE TO INTERROGATORY NO. 32:
4
Not applicable.
5 RESPONSE TO INTERROGATORY NO. 33:
6
Not applicable.
7 RESPONSE TO INTERROGATORY NO. 34:
8
Not applicable.
9 RESPONSE TO INTERROGATORY NO. 35:
10
KAISER GYPSUM is unaware o f entering into any such rebranding agreements.
11 RESPONSE TO INTERROGATORY NO. 36:
12
During 1952, KAISER GYPSUM purchased Joint Cement, Cover-Tex Texture
13 Paint, and Kaiser-Tex Texture Paint from Wesco Waterpaints, Inc., then located in
14 Berkeley, California, that was packaged under KAISER GYPSUM's name. It is unknown
15 to KAISER GYPSUM whether asbestos was used as a component o f those products.
16 During December 1953, KAISER GYPSUM entered into an agreement with Wesco
17 Waterpaints, Inc., then located in Berkeley, California, to purchase Joint Cement,
18 Topping Compound and Texture Paint packaged under KAISER GYPSUM's name for a
19 period o f 90 days. It is unknown to KAISER GYPSUM whether any products purchased
20 had asbestos as a component. KAISER GYPSUM has no information demonstrating that
21 any product obtained from Wesco Waterpaints, Inc. was an asbestos-containing product.
22 KAISER GYPSUM knows o f no other agreement entered by it that provided for
23 rebranding any product o f another company's which may have been an asbestos-
24 containing product in KAISER GYPSUM's name for sale in California.
25 RESPONSE TO INTERROGATORY NO. 37:
26
Yes, as to products marketed in 1972 or thereafter.
27
A.
Beginning in 1972, in response to regulations adopted by the U.S.
28 Occupational Safety and Health Administration (see 37 Fed. Reg. 11318, June 7, 1972),
39
1 KAISER GYPSUM affixed caution labels to the packages and containers of its asbestos-
2
containing products. The OSHA regulations requiring this label were made subject to the
3
limitation that "no label is required where asbestos fibers have been modified by a
4
bonding agent, coating, binder, or other material so that during any reasonably
5
foreseeable use, handling, storage, disposal, processing, or transportation, no airborne
6
concentrations o f asbestos in excess o f the exposure limits prescribed in paragraph B. of
7
this section will be released." In light o f then-existing ambiguities as to what tests OSHA
8 would recognize as adequate to demonstrate a product's falling within this exception,
9
KAISER GYPSUM applied the caution label to all its then-manufactured products in
10 which chrysotile asbestos was used as a component.
11
Initially, the labels were four inches by eight inches in size and had yellow
12 backgrounds with red letters. They were affixed to the bag or container o f the product by
13 adhesive in a prominent place. Later, as new bags and containers were purchased, the
14 labels were printed onto the side o f the bag or container and are believed to have been the
15 same color or colors as the bag/container or the printing thereon. The warning label as
16 prescribed by OSHA read:
17
CAUTION: contains asbestos fibers; avoid creating dust;
breathing asbestos dust may cause serious bodily harm.
18
19
Additionally, KAISER GYPSUM Technical Bulletins 5703-A, dated October
20 1973, and 5707, dated October 1973 and November 1976, prescribed the use o f
21 respirators during spray application.
22
B. Yes.
23
C. Beginning in 1972; exact date unknown.
24
D. This caution label remained unchanged during the remaining time the
25 products upon which it was used continued to contain asbestos as a component.
26
E. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon,
27 California.
28 Ill
40
1 RESPONSE TO INTERROGATORY NO. 38:
2
Most o f KAISER GYPSUM's products were sold in the form o f a powder or
3 paste; therefore, the name o f the company was on the packaging o f the product.
4
However, KAISER GYPSUM's 2-hour fire-rated ceiling tiles and suspended ceiling lay-
5
in board products (in which asbestos was used as a component) were specially marked
6 because they looked similar to other KAISER GYPSUM Mineral Fiberboard ceiling tiles
7
and lay-in boards (that did not contain asbestos as a component) and building inspectors
8 wanted to be able to check to make sure the 2-hour fire-rated products actually were
9
being used by the building contractor when those had been specified. It is believed that
10 each piece o f 2-hour fire-rated ceiling tile and suspended ceiling lay-in board was
11 stamped on the back with either the initial "KG" or the word "KAISER GYPSUM." Such
12 marking was employed during the entire period that the 2-hour fire-rated products were
13 manufactured by KAISER GYPSUM.
14 RESPONSE TO INTERROGATORY NO. 39:
15
KAISER GYPSUM has no knowledge that it ever purchased or otherwise
16 acquired an asbestos-containing product line from another person or entity.
17 RESPONSE TO INTERROGATORY NO. 40:
18
KAISER GYPSUM has no knowledge that it ever sold an asbestos-containing
19 product line to another person or entity.
20 RESPONSE TO INTERROGATORY NO. 41:
21
A.-C. KAISER GYPSUM has retained a number o f brochures, pamphlets,
22 catalogs, and other product information documents. M any o f these documents discuss
23 both asbestos-containing products and other products, and many o f the documents are
24 similar. KAISER GYPSUM has previously made representative documents available to
25 plaintiffs attorneys.
26
D. To provide potential users o f such products with information about the
27 products.
28
E. Some o f these documents still exist.
i T -'* _ i T T _
41
__________ T \ 1 ' _ i CC n ,
|
t T__ A.__________________ A. :
T\ _r
J
.--
1
F. See response to A. - C.
2
G. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon,
3
California.
4 RESPONSE TO INTERROGATORY NO. 42:
5
The interrogatories define "contract unit" to "mean a branch or division o f a
6 defendant which has been or is now engaged in installation and/or removal of'raw
7
asbestos fibers' and/or 'asbestos-containing products.'" KAISER GYPSUM never had
8 such a unit.
9 RESPONSE TO INTERROGATORY NO. 43:
10
Not applicable.
11 RESPONSE TO INTERROGATORY NO. 44:
12
In the mid to late 1960's, KAISER GYPSUM became generally aware from
13 media, industry, and governmental publications o f allegations that inhalation o f asbestos
14 fibers could have potential health consequences.
15 RESPONSE TO INTERROGATORY NO. 45:
16
See Response to Interrogatory No. 44.
17 RESPONSE TO INTERROGATORY NO. 46:
18
KAISER GYPSUM has previously made documents containing the information
19 requested available to plaintiffs attorneys.
rfv
20 RESPONSE TO INTERROGATORY NO. 47:
21
Beginning in the mid 1960's, KAISER GYPSUM warned its employees
22 concerning the hazards o f inhaling asbestos dust or fiber and its employees were given
23 additional instructions regarding the use o f respirators and other methods o f avoiding or
24 limiting inhalation o f asbestos.
25
A. Memoranda distributed to safety supervisors advised the use o f approved
26 respirators during exposure to asbestos dust.
27
B. Yes.
28
C. Joseph R. Hobby, Vice President, 2680 Bishop Drive, San Ramon,
42
)
1 California.
2
D. See response to subpart A.
3 RESPONSE TO INTERROGATORY NO. 48:
4
KAISER GYPSUM has no knowledge that it ever issued such a policy.
5 RESPONSE TO INTERROGATORY NO. 49:
6
Yes. See Responses to Interrogatory Nos. 37 and 47.
7 RESPONSE TO INTERROGATORY NO. 50:
8
Yes.
9
A. 29 CFR 1910.93(e).
10
B. November 2,1973
11
C. OSHA.
12
D. Unknown.
13
E. KAISER GYPSUM believes the conditions alleged to be violations were
14 changed in a manner satisfactory to OSHA.
15 RESPONSE TO INTERROGATORY NO. 51:
16
Not applicable.
17 RESPONSE TO INTERROGATORY NO. 52:
18
Not applicable.
19 RESPONSE TO INTERROGATORY NO. 53:
20
Yes.
21
A. KAISER GYPSUM shipped asbestos-containing products through ports
22 located in the Geographic Area.
23 Ill 24 III 25 III 26 III 27 III
28 III
43
1
B.-D. KAISER GYPSUM sales orders and sales invoices show that asbestos-
2
containing products were shipped through the following berths located in the Geographic
3
Area during the years 1968 through 1975: Matson Contract Yard; Matson Lines Dock;
4
Matson Lines, Berth 208; Peters/Matson; Peters/NML; Delta Terminal, Richmond; Berth
5
154; Terminal 1, Berth 3; Encinal Terminal; San Francisco; 9th Avenue Pier, Oakland;
6
and Berth 0, 7th Street, Oakland.
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Dated: August 3 _ , 1999
JACKSON & WALLACE llp
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By.
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Attorneys for Defendant
KAISER GYPSUM COMPANY, INC.
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VERIFICATION TO FOLLOW
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1 In Re: San Francisco County Complex Asbestos Litigation
S.F.S.C. #828684
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PROOF OF SERVICE BY OVERNIGHT/EXPRESS MAIL
(Code Civ. Proc., 1013,2015.5)
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STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
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I, Cynthia Elrod, declare as follows: I am over 18 years o f age and not a party to
the within action; my business address is 580 California Street, 15th Floor, San
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Francisco, California 94104; I am employed in San Francisco County, California.
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On August 3 ,1 9 9 9 ,1 served a true copy, with all exhibits, o f the following
document(s): K A ISE R GYPSUM COM PANY, IN C .'S FIR S T UPDATED
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RESPONSES TO PLAINTIFFS' STANDARD INTERROGATORIES TO
DEFENDANTS on the interested parties in the above-referenced case by following
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ordinary business practices and placing for collection and express/ovemight mailing at
580 California Street, San Francisco. The above document(s) would have been deposited
10 with Federal Express for ovemight/express delivery the same day they were placed for
deposit, with postage fully prepaid.
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The foregoing envelope(s) was/were addressed as follows:
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Berry & Berry
Bruce L. Ahnfeldt, Esq.
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1300 Clay Street, 9th FI.
1001 2nd S t, #345
Station D, P.O.Box 70250
P.O. Box 6078
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Oakland, CA 94612-0250
Napa, CA 94581
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Brayton, Purcell, Curtis, et al.
Law Offices o f Jack K. Clapper
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222 Rush Landing Road
2330 Marinship Way, Suite 140
P.O. Box 2109
Sausalito, CA 94965
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Novato, CA 94948
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Law Offices of Christopher E. Grell
Law Offices of Dean A. Hanley
685 Market Street, Suite 540
5430 Cerro Sur Street
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San Francisco, CA 94105
A El Sobrante, CA 94803-3873
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Harrison & DeGarmo
Visse & Yanez
One Daniel Burnham C t, #220-C
One Daniel Bumham C t, #220-C
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San Francisco, CA 94109
San Francisco, CA 94109
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Wartnick, Chaber, et al.
101 California Street, Suite 2200
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San Francisco, CA 94111
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I declare under penalty o f peijury under the laws o f the State o f California that the
foregoing is true and correct and that this declaration was executed on August 3,1999.
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