Document Ra13yXwmkv3z8XVJJ8VE6o3vn

FILE NAME: American Cyanamid (AMCY) DATE: 0000 DOC#: AMCY003 DOCUMENT DESCRIPTION: BC Legal Opinion In my opinion, to a reasonable degree of scientific certainty, based on my knowledge of American Cyanamid and my review of the materials that have been provided, American Cyanamid certainly by 1948 had knowledge of asbestos hazards, knew how to prevent workers from developing asbestos diseases and take home exposures. The information available to American Cyanamid was available to companies using asbestos and asbestos products. American Cyanamid: Was a fortune 500 company in the chemical and pharmaceutical business; Had 50 plus plants in the United States and a number of plants outside of the United States; Used asbestos filter material and asbestos finished products at their plants. American Cyanamid manufactured and distributed asbestos-containing products starting in 1963, as noted in their answers to interrogatories; Was a member of the Industrial Hygiene Foundation (IHF) from 1943-1954; Dr. D.O. Hamblin, American Cyanamid's medical director, was associated with the IHF since 1943; Dr. Hamblin controlled the activities of American Cyanamid's Industrial Hygiene Department; Mr. Bradley, as industrial hygienist of American Cyanamid, actively participated in the IHF and published reports of annual meetings of the IHF; In 1947, Dr. Hamblin, based on his expertise, was invited by the NY University College of Medicine, Department of Preventative Medicine, to be a member of the newly formed Advisory Committee for the Institute of Industrial and Social Medicine. The committee was being formed, in part, due to the request of Dr. Anthony Lanza, who had just accepted a professorship of Industrial Medicine at the university. The Industrial Hygiene Department of American Cyanamid operated under the direction of William Bradley (1944 to 1960). According to Mr. Bradley, American Cyanamid had one of the largest industrial hygiene groups in the industry; the industrial hygienists had experience in toxicology, chemistry and engineering. Mr. Bradley conducted asbestos animal studies prior to 1944; he was one of the founders of the Michigan Industrial Hygiene Society in 1937. By the mid-1940s, leading industrial hygienists were aware of the fact that asbestos was among the air contaminants for which some states had set maximum allowable concentrations and the American Conference of Governmental Industrial Hygienists was recommending such limits. American Cyanamid industrial hygienist William Andresen knew that ACGIH guidelines recommending a maximum concentration for asbestos and other air contaminant exposures were not expressed as being "fine lines between safe and unsafe." William Bradley, as an employee of American Cyanamid, made a presentation in the early 1950s in which he addressed asbestosis and means for its prevention. (Industrial Hygiene Considerations in the Manufacture of Reinforced Plastics, 1953) American Cyanamid had corporate industrial hygienists (i.e. William Bradley, John Pendergrass, William Andresen, James Rook, J. Brennan Gisclard) and industrial hygienists at the plant level. Every year the TLVs were distributed to all industrial hygienists. American Cyanamid had such a sophisticated IH department, that it offered its services in an advisory capacity to other companies. American Cyanamid industrial hygienist John Pendergrass attended a presentation by Dr. Selikoff in 1964 regarding asbestos exposure and cancer (Pendergrass deposition pp. 15 16, 73-74). Since the mid 1940s, American Cyanamid completed industrial hygiene surveys at their plants, which included air sampling. The surveys were to ensure that the engineering controls designed and utilized at the plants were protecting workers from hazardous exposures (Bradley deposition). Medical surveillance and preventative methods to reduce or control asbestos were not consistently followed or applied by American Cyanamid in a manner that prevented Mr. Brennan's asbestos exposure. American Cyanamid only provided a uniform to some employees. George Brennan was not provided a uniform by his employer, rather, he wore his street clothes. Robert Brennan was supplied with a pair of coveralls that he placed over his street clothes. Workers used an air hose to clean areas after working with asbestos products. American Cyanamid had a department devoted to scientific and medical research. American Cyanamid kept abreast of scientific data and research through medical journals maintained in the corporate library and plant libraries including the Journal of American Industrial Hygiene Association, Journal of Occupational Health and JAMA.(Pendergrass deposition) The applicable workers compensation law and sanitation laws required American Cyanamid to protect workers from asbestos exposure. o 1936 - Workers compensation statute expanded for "silicosis and other dust diseases", o 1957-58 - "Department o f Labor Control o f Air Contamination in Factories" reference TLV for asbestos exposure. n Z_j s v t- 'v - e t'i-- & 'e y .- -/ tT X -