Document V35qmLaO8D0wa1voEvdzrrmeo

FILE NAME: US Gypsum (USG) DATE: February 15, 1983 DOC#: USG006 DOCUMENT DESCRIPTION: 1983 Legal - Defense response to interrogatory * ; IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION ~ Greenville County School District, ) ) Plaintiff, ) ) ' vs. ) . ) United States Gypsum Company, ) W. R. Grace Company, National ) Gypsum Company, Proko Industries, ) Inc., Union Carbide Corporation, ) and Carey-Canada, Inc., ) ) Defendants. ) _________________________________________ ___________ ) C/A No. 82-3142-14 DEFENDANT UNITED STATES GYPSUM COMPANY'S RESPONSE TO "NOTICE" INTERROGATORY QUESTION POSED BY THE HONORABLE WILLIAM W. WILKINS United States Gypsum Company (hereinafter "USG") responds to the "notice" Inte?rogatory propounded by the Honorable William W. Wilkins, on January 9, 1984 as follows: A thorough review of USG files and records which could be identified as possibly containing information encompassed by this Interrogatory reveals that on or about September 3, 1948, was the earliest documented date upon which USG, or any of its officers, employees or agents, in an individual or corporate capacity, first became suspicious or aware that asbestos may be a harmful substance. iM c c In further response to this Interrogatory, attached hereto as Exhibit "A" is a reference listing of documents utilized to arrive at the above date and all similar information since that date until 1973, the date of last construction in the Greenville school cases. To the extent that documents are identified which predate 1948, these documents were physically in USG files, but there is no evidence suggesting that the documents were actually x'eceived at any time prior to the above date. 'Additionally, USG is aware of a "Memorandum of Agreement dated November 20, 1936, produced in other litigation, which suggests that USG may have contributed to a study conducted by Dr. Leroy Gardner at Saranc Lake Laboratory commencing in 1936. However, as indicated on the listing, USG cannot confirm whether, or to what extent, it may have participated in the study or received the findings. Columbia, South Carolina ____ day of February, 1984 * . * > Exhibit MA H 9/3/48 Operating Bulletin This bulletin marks the first document date showing a recognition by USG of any of the health hazards associated with exposure to asbestos. This bulletin relates solely to USG workers. In addition, USG has located in its files copies of the following studies, published before 1948: C 9/3/48 10/1931 1932 1937 1937 Printed report Printed study Printed list of references Pamphlet printed by U.S. Dept, of the Interior Official printed transcript "Report on Effects of Asbestos Dust on the Lungs and Dust Supression in the Asbestos Industry," E. R. Merewether, M.D. and C. W. Price. "A Review of Pneumoconiosis: Further Roentgenological and Pathological Studies" by H. K. Pancoast, M.D. and E. P. Pendergrass M.D.; reprinted from the American Journal of Roentgenology and Radium Theraoy,Volume XXVI, No. 4, October, 31. "Pneumoconiousis - A List of References, Published in the United Kingdom for the International Labor Office (League of Nations). "Review of Literature on Effects of Breathing Dusts with Special Reference to Silicosis," by D. Harrington and Sarah J. Davenport. "Third Symposium on Silicosis" An Official Transcript of the Third Silicosis Symposium Held in Connection- with the Trudeau School of Tuberculosis at Saranac Lake, New York, June 21 to June 25, 1937. 8/1938 - ' 8/1938 1/31/49 Public Health Bulletin No. 241 Pamphlet Experimental study report "A Study on Asbestosis in the Asbestos Textile Industry." .... "Silicosis and Similar Dust . Diseases." * "Asbestos Pneumoconiosis, Experimental Studies by the, Saranac Laboratory; Report to the Johns-Manville Corporations." However, USG has located no information suggesting that these documents were actually received by it prior to 1948 or by whom, if anyone, these documents were reviewed at any time. Additionally, USG is aware of a "Memorandum of Agreement," dated November 20, 1936, produced in other litigation which suggests that USG may have been "suspicious that asbestos was harmful" and that USG contributed to a study conducted by Dr. Leroy Gardner at Saranac Lake Laboratory commencing in 1936. However, no documents or information concerning this "Memorandum of Agreement" or the study which it purports to fund have been located in this defendant's files nor have any present or former USG employees with knowledge of same been located. Thus, USG cannot confirm whether, or to what extent, it may have participated in the study or received the findings. 7/24/52 Internal memo Directive to all department heads and supervisors regarding various dusts, including asbestos. The health concerns relate only to gypsum dust and silica, not asbestos. 11/9/53 through 12/7/53 Letters and memos A series of letters and memos from and to C.P. Kipp, USG, requesting information -2- - * & * J- T relating to silicosis and asbestosis, and responses thereto. 2/11/54 Operating Bulletins Elimination of dusty conditions in the plants and requirement that employee wear adequate respiratory equip ment. . 2/13/59 through 7/7/80 Operating Bulletins Operating Bulletins establishing X-Ray program for USG employees exposed to asbestos. 5/1968 ' Various published articles Various newspaper articles, magazine articles, booklets, and government regulations relating to asbestos, and its health hazards, its characteristics, applications, and alternatives. C 10/2/68 through 2/1973 Internal Memo 1969 - Regulations Chronological listing.of newspaper stories, magazine articles, and various information gathered relating to asbestos. Asbestos Regulation 1969, London, England. 9/1969 Pamphlet "Recommended Code of Practice for the Handling and Disposal of Asbestos Waste Materials," by the Asbestos Research Council. . t Late 1960's Various memos, letters Relating to USG's manufacture of Spray-Don products for Metropolitan spray and/or Sprayon Research Corporation. 3/11/70 Varied memos through and pamphlets 8/25/71 (Approx.) 1/13/70 Letter Various memos by C . P . Kipp 'relating to health and safety committee of the Asbestos Cement Products Association. From P.E. Leclerc, Regional Sales manager for Asbestos Corporation, Ltd. to Mel Thornton of USG, advising USG -3- that all future shipments of Asbestos Corporations# Ltd. of asbestos would bear a caution label. 5/70 Internal memos - . Research Evaluation - hazards to user from sanding joint compounds -- conclusions: "no hazard." 6/1/70 6/3/70 Interoffice memo Georgia-Pacific documents From E.V. Salvo, New York office, to C.J. Bell,_ regarding public hearings on the health effects of spraying of asbestos-containing materials. Georgia-Pacific documents relating to Mr. Sinai Hospital Medical School*s Lung research as related to a five-man crew on a drywall job in New York. 8/20/70 through 7/19/78 Research & summary documents, memos and copied articles 1970 - Letter All Research reports relating to this subject were previously made available to counsel for plaintiff in connection with Lexington County School District Five v. USG. Attorney/client privilege asserted. 11/1/71 Interoffice memo Draft memo from C.P. Kipp concerning asbestos and cancer. 6/2/72 6/14/72 Memo and newspaper article attached Interoffice memo Regarding industrial safety precautions - tape and joint compounds. From C.P. Kipp to A.J. Watt, Dr. J.W. Zabor, A.R. Rump, and C.C. Gramer regarding ' threshold limit values for asbestos. 7/21/72 through 8/16/73 NATLSCO study for USG ' Research Center Measurement of exposure levels from mixing and sanding of joint compounds 6/7/73 Interoffice memo 7/31/73 Letter 8/15/73 Gypsum Association study 1973 Reports 1/1974 through 3/1974 1974 Interoffice memos Internal Memo 1978-80 IHF Digests (Approx.) 10/1979 Medical article reprint Uncertain Article Uncertain Editorial From J.J. McVay to some . plants advising governmental ban regarding the ,,use of asbestos in spray acoustical and insulation materials. From Irving J. Selikoff, M.D. responding to Marie Ehrmann, Librarian, USG, providing published literature concerningasbestos. . "Gypsum Association Evaluation of Exposure to Asbestos During Mixing and Sanding of Joint Compounds," and documents related thereto. Reports of National Gypsum Company and Union Carbide Corporation relating to asbestos in joint treatments and chrysotile asbestos in plastics. OSHA standards as relate to asbestos. Attorney/client privilege asserted. Available for inspection and copying. "Asbestos and Health in 1969," by George W. Wright, reprinted from American Review of Respiratory diseases, Volume 100, No. 4, October, 1969. Article by Harold J . Rosen of Skidmore, Owings & Merrill concluding that asbestos spray insulation must be eliminated in future construction. Dr. J.C. McDonald of McGill University's*Department of Epidemiology and Health concludes that, at the present levels of dust exposure in today's asbestos mills, even -5- jA . / '* - . Uncertain Depositions Various Research Reports 30 years employment would probably not carry any measurable risk of lung cancer. ' Included by reference herein and incorporated hereby are all of the depositions taken by .Mr. Speights of USG employees or former employees, to the extent applicable. Counsel for plaintiff has had an opportunity to inspect and copy these records -- those that relate in any way to the subject of asbestos as well as any others requested by plaintiff's counsel. -6 CERTIFICATE OF MAILING This is to certify that I, Antoinette C. Martin, employee of the firm of Robinson, McFadden, Moore, Pope, Williams, Taylor, & Brailsford, P.A., have this date served Daniel A. Speights, attorney for the plaintiff .in the foregoing matter with Defendant United States Gypsum Company's Response to ,'Notice,, Interrogatory Question posed by the Honorable William W. Wilkins and the Court's Supplemental Interrogatories by placing a copies of same in the United States mail with adequate postage thereon, addressed as follows: . ' Daniel A. Speights, Esquire P. 0. Box 621 Hampton, SC 29924. Dated at Columbia, South Carolina this 15th day of February, 1983. . cc: (w/encl.): . F. Barron Grier, Esq. Glenn Bowers, Esq. P. Michael Duffy, Esq. Suzanne K. Torrey, Esa.