Document Yj7M4X4QMMd5xojyXovgQgz4K

rn T:\DALLAS\LISERIO\ROGS AMS kf CAUSE NO. 96-1 2386-M PLAINTIFF'S EXHIBIT TIC-56 AUGUSTIN SANCHES LISERIO; DONALD BRUCE MOORE; ET AL VS. OWENS-CORNING FIBERGLAS CORPORATION, ET AL IN THE DISTRICT C-0lRT OF DALLAS COUNTY, TEXAS 298THJUDICIAL DISTRICT DEFENDANT. J. T. THORPE COMPANY'S ANSWERS TO PLAINTIFFS* FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION TO: PLAINTIFFS, BY AND THROUGH THEIR ATTORNEY OF RECORD,-MR. PETER KRAUS, BARON & BUDD, THE CENTRUM, SUITE 1100, 3102 OAK LAWN AVE., DALLAS, TEXAS 75219 NOW COMES J. T. THORPE COMPANY, Defendant in the above-styled and numbered cause of action, and files this its Answers to the Master Interrogatories and Request for Production of the Plaintiffs, and in answer to said Interrogatories and Request for Production makes the following answers thereto as shown on the attached pages. Respectfully submitted, FAIRCHILD, PRICE, THOMAS, HALEY & WILLINGHAM, L.L.P. P. 0. Drawer 1719 Center, Texas 75935 (409) 598-2981 (409) 598-7712 - fax David J. Fisher, TBA #07049530 W. Miller Thomas, TBA #19874500 Bv: DAVID J. FISHER, TBA #07049530 ATTORNEY FOR DEFENDANT, J. T. THORPE COMPANY CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing instrument has been provided to all known counsel of record on this the 16th day of September, 1998. DAVID J. FISHER '* INTERROGATORIES INTERROGATORY NO. 1: For each person who has supplied any information used in answering these interrogatories state the name, address, job title, length of time employed by defendant, and a year-by-year list of all other positions, titles, or jobs held when working for defendant. ANSWER: Defendant objects to this interrogatory, pursuant to Rule 166 of Texas Rules of Civil Procedure, in that it is over-broad, unduly burdensome and can serve only to harass or annoy Defendant. Subject to and without waiving the foregoing objection, the information was supplied by current or former employees including but not limited to Gerald Scott, Richard Nowland, and Melvin Proctor. INTERROGATORY NO. 2: Please identify each person known to Defendants as having knowledge of facts relevant to this case. For each person identified, please describe the relevant facts which you believe are within such person's scope of knowledge and about which such person could be expected to testify if called to trial as a witness. Further, if such person is or has been an employee of Defendant, please state the years of employment and the person's employment positions. ANSWER: Defendant objects to this Interrogatory, because it is overly broad, unduly burdensome and exceeds the scope of discovery as set out in Rule 166b of the Texas Rules of Civil Procedure. Rule 166b(2)(d) only requires that a party provide the name, address and telephone number of potential parties and witnesses. Plaintiff's request can only serve to harass and annoy the Defendant. Subject to and without waiving said objection. Defendant would show that the following have knowledge of relevant facts: J. T. Thorpe Company's Representatives/Employees Floyd "Red" Cryer 6833 Kirbyville Street P.O. Box 330403 Houston, Texas 77233 Gary Musick 6833 Kirbyville Street P.O. Box 330403 Houston, Texas 77233 Jerry Nelson 6833 Kirbyville Street P.O. Box 330403 Houston, Texas 77233 Richard Nowland 6833 Kirbyville Street P.O. Box 330403 Houston, Texas 77233 Melvin Proctor 6833 Kirbyville Street P.O. Box 330403 Houston, Texas 77233 2 INTERROGATORY NO. 3: Please state whether a medical monitoring program, medical examination program or other medical surveillance program ("program") was provided to your employees working with or around asbestos. If such programs were offered, please describe these programs in detail; describe the dates that the aforementioned programs were in place; and state what documents concerning the described programs exist. ANSWER: No. INTERROGATORY NO. 4: Please state the years during which Defendant operated a medical department and identify all persons who directed, headed or supervised said department and the years of their service in that capacity. ANSWER: Defendant corporation has never had or operated a medical department. INTERROGATORY NO. 5: Please state the years during which Defendant operated a safety department and identify all persons who directed, headed or supervised said department and the years of their service in that capacity. ANSWER: Will supplement. INTERROGATORY NO. 6: Have you ever provided safety equipment to your employees? If so, please list the safety equipment provided and indicate when the equipment was provided, and under what circumstances the equipment was provided. Further, identify the person with the most knowledge of your "safety equipment" policies. ANSWER: Will supplement. INTERROGATORY NO. 7: Have you ever warned your employees of the hazards of asbestos and asbestoscontaining products? If so, describe in detail the methods of such warnings, including but not limited to, who you warned and when. Please include in your response a description of any written warnings relating to the hazards of asbestos and whether you have ever 3 published or distributed any printed material containing any warnings concerning the possibility, of injury resulting from the use of asbestos-containing products or exposure to asbestos? Further, please describe the printed material and identify each person responsible for having drafted or issued the warning statements or written materials, and the dates when the printed material was first issued or distributed. ANSWER: Defendant objects to this interrogatory, pursuant to Rule 166(b) of the Texas Rules of Civil Procedure in that it is overly broad, unduly burdensome and can serve only to harass or annoy Defendant. Subject to this objection and without waiving same. See Exhibits "A", "F" and "1". INTERROGATORY NO. 8: Please list all asbestos-containing products delivered by Plaintiff's decedent on behalf of Defendant and state when these products were delivered, to whom these products were delivered, from whom these products were purchased, and whether Defendant installed these products. ANSWER: Defendant objects to this interrogatory, pursuant to Rule 166(b) of the Texas Rules of Civil Procedure in that it is overly, broad, unduly burdensome, and vague. This Interrogatory can only serve to harass or annoy Defendant. Additionally, Defendant is unable to provide such information requested by the Plaintiff's Interrogatory simply from the fact that such information would be impossible to obtain by the defendant. However, subject to and without waiving the foregoing objections, beginning in January 16, 1961, Defendant, J. T. Thorpe Company, through its unincorporated division Thorpe Products Company, began distribution in the Texas Gulf Coast region of certain Johns-Manville Thermal Insulation Products. The John-Manville asbestos containing products were primarily Thermobestos pipe covering and block, Superex pipe covering and block, Johns-Manville 301,302, 352 cement and Johns-Manville asbestos paper. This distribution was primarily limited to the petro-chemical industry. Sales ceased in approximately 1972, except for isolated sales of certain encapsulated thermal insulation products specifically requested by customers. Additionally, J. T. Thorpe Company was a refractory contractor. As a refractory contractor, J. T. Thorpe Company would have used or applied the following types of material which were non-asbestos: Type Material Manufacturer or Supplier Fire Brick Johns-Manville Harbison-Walker ACME General Refractories 4 A. P. Green Cement Johns-Manville Harbison-Walker ACME General Refractories Mineral Wool Block M. H. Detrick Combustion Engineering Refractory Castables Combustion Engineering Johns-Manville A. P. Green Coatings & Adhesives Vimasco Benjamin Foster Expansion Joint Fiber Frax, a ceramic fiber material manufactured by Carborundum Asbestos containing materials utilized by J. T. Thorpe Company, in its capacity as a refractory contractor was on a limited basis, as follows: 1) Asbestos Rope - Manufactured by Johns-Manville, utilized as an expansion joint until the late 1950's. 2) Asbestos Paper - Manufactured by Johns-Manville, utilized when specified by a customer when there was a known or potential burning of sulphur compound. 3) Asbestos Block-Superex, Manufactured by Johns-Manville was utilized when specified by a customer. INTERROGATORY NO. 9: For the years 1960 to the present, identify all current and former employees of Defendant who were responsible for supervising the Defendant's activities at job sites, including, but not limited to, job sites where Plaintiff's Decedent was present. ANSWER: Defendant objects to this interrogatory because the discovery sought constitutes an undue burden to Defendant because the breadth of the inquiry requires this defendant to perform an inordinate amount of work compiling information not presently in its possession. INTERROGATORY NO. 10: For the years 1960 to the present, identify all current and former employees of Defendant who were responsible for ensuring compliance with applicable safety rules and regulations at job sites at which Defendant was present, including but not limited to, job sites where Plaintiff's Decedent was present. 5 ANSWER: Defendant objects to this interrogatory, pursuant to Rule 166b of the Texas Rules of Civil Procedure, because the discovery sought constitutes an undue burden to Defendant because the breadth of the inquiry requires this Defendant to perform an inordinate amount of work and can serve only to harass or annoy Defendant. INTERROGATORY NO. 11: Please identify all job sites at which Plaintiff's Decedent worked while employed by Defendant. ANSWER: Defendant objects to this request pursuant to Rule 166(b) of the Texas Rules of Civil Procedure, as over broad and unduly burdensome. This Interrogatory can only serve to annoy or harass the Defendant. INTERROGATORY NO. 12: Please describe in detail the types of work done by Defendant at job sites with respect to asbestos, including but not limited to, installation of asbestos-containing products and removal of asbestos-containing products between the years 1960 and 1985. ANSWER: Defendant objects to this request pursuant to Rule 166(b) that the same is overly broad and unduly burdensome on the Defendant. Subject to and without waiving the foregoing objection. Defendant would show: Beginning 1/16/61, J. T. Thorpe Company through its unincorporated division Thorpe Products Company began distribution in the Texas Gulf Coast Region of certain Johns-Manville Thermal Insulation Products. The Johns-Manville asbestos containing products were primarily Thermobestos pipe covering and block, Superex pipe covering and block, Johns-Manville 301,302, 352 cement and Johns-Manville asbestos paper. This distribution was primarily limited to the petro-chemical industry. Sales ceased in approximately 1972, except for isolated sales of certain encapsulated thermal insulation products specifically requested by customers. Additionally, J. T. Thorpe Company was a refractory contractor. As a refractory contractor^. T. Thorpe Company would have used or applied the following types of material which were non-asbestos: Type Material Manufacturer or Supplier Fire Brick Johns-Manville Harbison-Walker ACME General Refractories A. P. Green .* 6 Cement Johns-Manville Harbison-Walker ACME General Refractories Mineral Wool Block M. H. Detrick Combustion Engineering Refractory Castables Combustion Engineering Johns-Manville A. P. Green Coatings & Adhesives Vimasco Benjamin Foster Expansion Joint Fiber Frax, a ceramic fiber material manufactured by Carborundum Asbestos containing materials utilized by J. T. Thorpe Company, in its capacity as a refractory contractor was on a limited basis, as follows: 4) Asbestos Rope - Manufactured by Johns-Manville, utilized as an expansion joint until the late 1950's. 5) Asbestos Paper - Manufactured by Johns-Manville, utilized when specified by a customer when there was a known or potential burning of sulphur compound. 6) Asbestos Block-Superex, Manufactured by Johns-Manville was utilized when specified by a customer. INTERROGATORY NO. 13: State in detail what tests have been conducted with regard to the quantity, quality, or threshold limit values of asbestos dust or particles to which workers were exposed while using, working with or around, or installing asbestos-containing products. Please state where and when these tests were conducted, by whom these tests were conducted, and the results of any such test. ANSWER: Defendant objects to this Interrogatory in that the same is vague, indefinite and is not limited to a particular time period and by reason of such may seek immaterial irrelevant information. Subject to this objection, and without waiving same, based on information available to current management of the Defendant, dust monitoring tests were first performed in 1972, the exact dates and locations are unknown, except for air sampling done on December 27, 1972 by Johns-Manville Environmental Control Systems Division at the request of the Defendant. See attached Exhibit "K". 7 The Defendant continues to seek information as to the other tests performed by the Defendant, Johns-Manville, other manufacturers or by premise owners. INTERROGATORY NO. 14: Have you ever had a policy requiring Defendant's employees to use respirators? If so, please state when this policy was implemented, describe this policy in detail, and describe what types and brand names of respirators were required by you. ANSWER: See Exhibits "A", "B\ "F", T and "J". INTERROGATORY NO. 15: If you contend that you have not been grossly negligent towards plaintiff, as Plaintiff has alleged in Plaintiff's Original Petition and any amendments thereto, please state in full the basis for the contention and describe all regulations, laws statutes, or other authority including internal procedures relating to asbestos that you have relied upon in making this contention. ANSWER: Defendant objects to this Interrogatory pursuant to Rule 166b of Texas Rules of Civil Procedure in that it is overly broad, unduly burdensome, vague and can only serve to harass or annoy the Defendant. Furthermore, said request invades the attorney/client privilege, the party communications privilege and the work product privilege as provided by Rule 166b of the Texas Rules of Civil Procedure and Article V of the Texas Rules of Evidence. INTERROGATORY NO. 16: Does Defendant have in its possession documents which would indicate that asbestos fibers, when inhaled, can be hazardous to the health of human beings? If so, identify such publications and state the custodian of such documents. ANSWER: The discovery sought is outside the scope of discovery allowed under Texas Rule of Procedure 166b as it is so overbroad that is seeks information or documents neither relevant to the subject matter of the pending action nor reasonably calculated to lead to the discovery of admissible evidence. This request for production is objected to insofar as it fails to state time reference, and more particularly, insofar as it seeks items and information occurring or arising after the dates of the events or occurrence made the subject of this lawsuit. Subject to and without waiving the foregoing objections. Defendant has documents sent to them by the manufacturer, Johns-Manville Corporation that are available for inspection at Defendant's attorney's office. INTERROGATORY NO. 17: If Defendant has ever been a member of any trade organization that published or disseminated any documents or information relating to the hazards of asbestos, state the names of such organizations and list the dates of Defendant's membership. ANSWER: No. INTERROGATORY NO. 18: Identify every individual ever employed by Defendant who has made or presented a Worker's Compensation or other claim for personal injury or death resulting from inhalation of asbestos. Please include in your response the date of any such claims and a description of the injury alleged. ANSWER: Defendant J. T. Thorpe Company objects to this Interrogatory in that the same is vague, indefinite and is not limited to a particular time period and by reason of such may seek immaterial and irrelevant information. Furthermore, pursuant to 166b(3)(e) of Texas Rules of Civil Procedure Defendant objects to this Interrogatory for the reason that the inquiry seks to invade the privacy right of the individuals who may have presented worker's compensation or other similar claims against the Defendant. Subject to and without waiving the foregoing objections the Defendant would show: INTERROGATORY NO. 19: If Defendant has insurance policies that might cover the claims made by Plaintiff in this case, please list the name of each insurance carrier, the policy number, the amount of available coverage, and the effective dates of each policy. ANSWER: See Exhibit "L". INTERROGATORY NO. 20: Please identify the following with respect to each expert witness that you may call during trial of these cases: a. The expert witnesses; b. The subject matter on which the expert is expected to testify; c. The substance of the facts and opinions which underlie the expert's opinion; and d. A summary of the grounds for each opinion and whether any such expert has provided a report or other documentation. 9 ANSWER: Although defendants have not made a specific determination as to expert witnesses it may call during trial of this case, please see attached Exhibit "V". INTERROGATORY NO. 21: Please describe the nature of Defendant's entity structure. Include in your response, a description of Defendant's business entity, from whom the entity was acquired and when, and, the nature of Defendant's business. ANSWER: See Exhibit "W" attached. INTERROGATORY NO. 22: Please state the year you first learned that persons could suffer physical injury through the inhalation of asbestos fibers and how you became aware of the existence of asbestos hazards. ANSWER: J. T. Thorpe Company first became aware of the reported association between asbestos dust and asbestosis, pleural thickening and pleural plaques in 1970. INTERROGATORY NO. 23: Identify by style, cause number, and date, every lawsuit filed against Defendant wherein the Plaintiff alleged injury from exposure to asbestos. ANSWER: Defendant J. T. Thorpe Company objects to this Interrogatory pursuant to Rule 166b of Texas Rules of Civil Procedure in that the same is vague, indefinite and is not limited to a particular time period and by reason of such may seek information that is not reasonably calculated to lead to the discovery of evidence that is relevant to the issues in this suit. INTERROGATORY NO. 24: If you, or persons acting on your behalf, have performed measurements or studies to determine quantity of asbestos fibers in the air at the job sites, please state when and where these tests were conducted, state the results of said tests, and identify any documents relating to said tests, identify each and every fact which supports this contention and identify all documents which specifically support this contention. ANSWER: Defendant, J. T. Thorpe Company, objects to this Interrogatory, in that same is vague, indefinite, and is not limited to a particular time period and by reason of such may seek immaterial and irrelevant information. Subject to and without waiving the foregoing objections: (a) Thorpe Corporation and Thorpe Products Company, none in that said Defendants have never manufactured, sold or installed any asbestoscontaining products. 10 (b) Thorpe Insulation Services Company since Defendants inception in 1989 has performed air sample tests in connection with its work as a licensed abatement contractor. (c) J. T. Thorpe Company, based on information available to current management of the Defendant, J. T. Thorpe Company obtained dust monitoring test at its premises in 1972. This testing was done by Johns-Manville Environmental Control Systems Division. J .T. Thorpe Company did air sampling on certain refractory jobs to determine if the work being performed was in compliance with applicable OSHA regulations and TLV's in the late 1970's. J. T. Thorpe Company also performed air sampling studies on asbestos abatement jobs it performed. The Defendant continues to seek information regarding tests performed at other locations by other Defendants or premises owners. See also Exhibit T. INTERROGATORY NO. 25: Identify by name and location each facility owned or operated by you in which asbestos-containing products have been manufactured, assembled, distributed, or sold. Include in your response a detailed description of each such product and the amount of asbestos in each such product. ANSWER: Defendant objects to this request for the following reasons: 1 ) Defendant objects to this request in that the same is overly broad and outside the scope of permissible discovery. 2) Defendant objects to this request in that the same is overly broad and not limited to any product in question or products that have been identified by Plaintiffs, by reason of such said inquiry seeks irrelevant information. Subject to and without waiving the foregoing objections. Defendants respond as follows: (a) Thorpe Corporation, Thorpe Products Company and Thorpe Insulation Services Corporation have never manufactured, sold or installed asbestos containing material. (b) Beginning 1/16/61, J. T. Thorpe Company, through its unincorporated division Thorpe Products Company, began distribution in the Texas Gulf Coast Region of certain Johns-Manville Thermal Insulation Products. The Johns-Manville asbestos containing products were primarily Thermobestos pipe covering and block, Superex pipe covering and block, Johns-Manville 301, 302, 352 cement and Johns-Manville asbestos paper. This distribution was primarily limited to the petro-chemical industry. Sales ceased in approximately 1972, 11 except for isolated sales of certain encapsulated thermal insulation products specifically requested by customers. Additionally, J. T. Thorpe Company was a refractory contractor. As a refractory contractor, J. T. Thorpe Company would have used or applied the following types of material which were non-asbestos: Type Material Manufacturer or Supplier Fire Brick Johns-Manville Harbison-Walker ACME General Refractories A. P. Green Cement Johns-Manville Harbison-Walker ACME General Refractories Mineral Wool Block M. H. Detrick Combustion Engineering Refractory Castables Combustion Engineering Johns-Manville A. P. Green Coatings & Adhesives Vimasco Benjamin Foster Expansion Joint Fiber Frax, a ceramic fiber material manufactured by Carborundum Asbestos containing materials utilized by J. T. Thorpe Company, in its capacity as a refractory contractor was on a limited basis, as follows: 1) Asbestos Rope - Manufactured by Johns-Manville, utilized as an expansion joint until the late 1950's. 2) Asbestos Paper - Manufactured by Johns-Manville, utilized when specified by a customer when there was a known or potential burning of sulphur compound. 3) Asbestos Block-Superex, Manufactured by Johns-Manville was utilized when specified by a customer. As to the amount of asbestos contained in each of these products that the Defendant may have distributed such information is not available at this time. This information would more easily and accurately be obtained by the Plaintiff from each products individual manufacturer. 12 REQUEST FOR PRODUCTION 1. Produce all documents that relate to communications between you and any manufacturer of asbestos-containing products concerning or related to the asbestos contained in such products. RESPONSE: See Exhibits "O", "P", "Q", "S", and "T". 2. Produce all documents which indicate that asbestos fibers, when inhaled, can be hazardous to the health of human beings. RESPONSE: See Exhibits "B" and "C". 3. Produce all publications that were disseminated or published by any trade association or organization that contain information relating to the hazards of asbestos and all documents which refer to such publications. RESPONSE: None. 4. Produce all documents that relate to any inspections for the purpose of ascertaining whether health or safety regulations, pertaining to exposure to asbestos, were being adhered to by you. RESPONSE: See Exhibits, "F\ "G", "I", "J", "K". 5. Produce all safety meeting minutes or other documents which refer to the dangers of asbestos and safety measures to be used in the vicinity of asbestos. RESPONSE: See Exhibit "F" 6. Produce all videotapes and photographs of the Plaintiff's Decedent. RESPONSE: None. 7. Produce all material safety data sheets for any asbestos-containing product used or delivered by Defendant. RESPONSE: None. 8. Produce all documents which refer to any decision related to Defendant's ceasing to work with, deliver, and distribute asbestos-containing products. RESPONSE: None. 9. For each job site where Plaintiff's Decedent worked while employed by Defendant, produce all documents that reflect or demonstrate in the form of a map or chart the layout of the job sites, including the location and dimensions of all buildings and specifically including but not limited to, the location or placement of asbestoscontaining produces at any time. RESPONSE: None. 13 10. Produce all documents containing any warnings concerning the possibility of injury resulting from the use of asbestos-containing produces or exposure to asbestos that have been published, distributed, or disseminated by you. RESPONSE: See Exhibit "A". 11. Produce all photographs of asbestos-containing produces in place or asbestos products being fabricated and utilized by Defendant at job sites. RESPONSE: None. 1 2. Produce all documents indicating in any way that individuals claimed injury to their lungs as a result of exposure to asbestos while working for Defendant. RESPONSE: None. 1 3. Produce all deposition transcripts and trial transcripts of any witness taken in any action relating to an injury from exposure to asbestos or asbestos-containing products wherein Defendant was a party to the litigation, either as a Defendant, cross-defendant or third-party Defendant. RESPONSE: Defendant objects on the grounds that the request is too general and constitutes an impermissible "fishing expedition" and furthermore, the information sought is not relevant to the case and will not lead to discoverable evidence. 14. Produce any documents, including but not limited to, corporate minutes, which contain a discussion of the hazards or potential hazards of asbestos. RESPONSE: See Exhibit "E". 1 5. Produce any insurance policies that might cover the claims made by Plaintiff in this case. RESPONSE: See Exhibit "L". 16. Produce any documents from any meetings at which the hazards or potential hazards of asbestos were discussed by officers, agents, or employees of Defendant. RESPONSE: See Exhibit "E". 17. Produce all documents, including invoices, shipping receipts, bills of lading, purchase orders, or other documents of a similar nature related to the purchase, delivery and installation of asbestos-containing products by Defendant. RESPONSE: None. 18. Produce all documents relating to any safety or asbestos inspections by labor inspectors, insurance company inspectors or anyone from your company or hired by your company, that included the taking or measuring of "dust counts". RESPONSE: See Exhibit "K". 14 19. In the event that Defendant performed any dust level counts or measurements with respect to asbestos dust, produce any documents, memoranda, or other writings that in any way reflect the results of such studies or counts and actions taken as a result of such counts or studies. RESPONSE: See Exhibit "K". 20. Produce all documents written, created, relied upon or edited by any of your experts who may testify at trial that in any way pertain to asbestos and the hazards or diseases that may result therefrom. RESPONSE: None available at this time. 21. Produce all documents provided to any expert or fact witnesses as a result of the filing of this case. RESPONSE: Defendant objects pursuant to Rule 167 of the Texas Rules of Civil Procedure specifically because the request seeks information which may be privileged. 22. Produce all curriculum vitae and resumes of any of the experts and persons with knowledge of relevant facts that you have listed in your Answers to Interrogatories. RESPONSE: See Exhibit "V". 23. Produce all documents which will be used at the time of trial, including all potential exhibits, documents which may be used to cross-examine other witnesses or in rebuttal, and documents you contend are relevant to any of Defendant's enumerated defenses in Defendant's most recently filed Answer. RESPONSE: See attached exhibits at this time. 24. Produce a copy of all regulations, orders, rules and policies which govern Defendant's safety policies relating to asbestos. RESPONSE: See Exhibit "F" and "I". 25. Produce all documents which contain, relate or refer to complaints by Union representatives of Defendant's employees regarding safety conditions and work place conditions at the job sites at which Defendant was present. RESPONSE: Defendant objects to this Request in that the same is overly broad and unduly burdensome and not limited to the issues central to the present litigation, but rather said inquiring seeks irrelevant and immaterial and prejudicial information. 26. Produce any documents, organizational charts and rosters which identify the members of Defendant's management and their areas of responsibility. RESPONSE: See Exhibit "M" 15 27. Produce all documents which evidence Defendant's net worth, including, but not limited to, all "10-K" forms filed for the last five (5) years. RESPONSE: Defendant will supplement. 28. Produce all interrogatory answers, responses to requests for production and responses to requests for admissions filed by Defendant in any action wherein Plaintiff or Plaintiff's Decedent was claiming injury from exposure to asbestos or asbestos-containing products. RESPONSE: Defendant objects to producing documents that are already in Plaintiff's possession or readily accessible to the Plaintiff. Such a request is unreasonable, oppressive and harassing. 29. Produce all documents relating to communications between Defendant and any of its worker's compensation carriers regarding the hazards of asbestos and asbestoscontaining products. RESPONSE: None. 30. Produce all safety manuals and safety handbooks provided to Defendant's employees. RESPONSE: See Exhibit "C". 31. Produce all documents related to the medical condition of Plaintiff's Decedent at all times during his employment by Defendant. This request specifically includes all x-rays, x-ray reports, medical notes and/or medical records of any kind, and including annual physical forms. RESPONSE: None. 32. Produce the entire personnel file for Plaintiff's Decedent. RESPONSE: Defendant is unable to locate such file. Defendant will supplement if found. 33. Produce all contracts, agreements and other documents reflecting Defendant's agreement to perform services at any job site where Plaintiff's Decedent worked. RESPONSE: Defendant objects to this request in that the same is overly broad and not relevant nor reasonably calculated to lead to the discovery of relevant evidence. Subject to and without waiving the foregoing objection. Defendant is unable to answer because Defendant does not keep that type of information which would show the job plaintiff worked. 34. Produce all documents that relate to communications between you and any premises owner (job site location) where you delivered or supplied any asbestos-containing products. RESPONSE: None. 16 EXHIBIT "1 EXHIBIT "2 EXHIBIT "3" 19 J. T. THORPE COMPANY'S CORPORATE WITNESSES (LIVE OR BY DESIGNATED DEPOSITION) 1) Melvin Proctor 6833 Kirbyville Street Houston, Texas 77033 2) Tom Hopkins 6833 Kirbyville Street Houston, Texas 77033 3) Richard Nowland 6833 Kirbyville Street Houston, Texas 77033 4) Frank Sheldon 6833 Kirbyville Street Houston, Texas 77033 5) Gary Musick P. 0. Box 560542 Dallas, Texas 75356 6) Gerald Scott 6833 Kirbyville Street Houston, Texas 77033 J. T. Thorpe Company reserves its right to call any witness listed by any other party. 20 EXHIBIT "4 21 J. T. THORPE COMPANY'S CORPORATE WITNESSES (LIVE OR BY DESIGNATED DEPOSITION) 1) . Melvin Proctor 6833 Kirbyville Street Houston, Texas 77033 2) Tom Hopkins 6833 Kirbyville Street Houston, Texas 77033 3) Richard Nowland 6833 Kirbyville Street Houston, Texas 77033 4) Frank Sheldon 6833 Kirbyville Street Houston, Texas 77033 5) Gary Musick P. 0. Box 560542 Dallas, Texas 75356 J. T. Thorpe Company reserves its right to call any witness listed by any other party. 22 EXHIBIT "B" J. T. THORPE COMPANY'S DESIGNATION OF EXPERT & FACT WITNESSES EXPERT WITNESSES (LIVE, VIDEOTAPE OR BY DEPOSITION TESTIMONY) Dr. Stephen M. Avers Sanger Hall Room 1-014 Box 565 MCV Station Richmond, VA 2398-001 A pulmonary specialist who will testify as to all matters pertaining to the history or scientific knowledge, research and study concerning exposure to asbestos and its effects on the human body; as to all state of the art issues; as to his expert opinion as to safe levels of asbestos exposure and the basis for such opinions; as to exposure to asbestos in regards to development of respiratory diseases, including but not limited to asbestosis, lung cancer, and mesothelioma; as to the effects of exposure to various types of asbestos fibers. Dr. R. Keith Wilson Pueblo Pulmonary Associates 1925 East Orman Avenue, Suite 254 Pueblo, Colorado 81004 (719) 564-1542 A pulmonary specialist who will testify with respect to all aspects of asbestos related disease, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Dr. Paul Stevens Baylor College of Medicine and The Methodist Hospital Department of Internal Medicine / Pulmonary Section 6550 Fannin Smith Tower # 1220 Houston, Texas 77030 (713) 790-6492 A pulmonary specialist who will testify with respect to all aspects of asbestos related disease, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Dr. Kathryn A. Hale The Methodist Hospital 11th Floor, Smith Tower 6550 Fannin Houston, Texas 77030 (713) 790-2076 -> 24 A pulmonary specialist who will testify with respect to all aspects of asbestos related disease, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Dr. William Lee Eschenbacher The Methodist Hospital Pulmonary Function Laboratory, F988 6565 Fannin Houston, Texas 77030 (713) 790-2070 A pulmonary specialist who will testify with respect to all aspects of asbestos related disease, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Dr George L. Delclos Respiratory Consultants of Houston 6550 Fannin, Suite 2403 Houston, Texas 77030 (713) 790-6250 A pulmonary specialist who will testify with respect to all aspects of asbestos related disease, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Dr. Robert M. Ross 17030 Nanes Drive, Suite 214 Houston, Texas 77090 (713) 440-8851 A pulmonary specialist who will testify with respect to all aspects of asbestos related diseases, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Dr. James G. Smith. Jr. Highland Clinic 1455 E. Bert Kouns, Industrial Loop Shreveport, LA 71135-1455 (318) 798-4500 A pulmonary specialist who will testify with respect to all aspects of asbestos related diseases, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Dr. Gail Stockman 701 E. Marshall, Suite 502 Longview, Texas 75601 (903) 753-0787 25 A pulmonary specialist who will testify with respect to all aspects of asbestos related disease, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Dr. Scott G. Donaldson North Texas Pulmonary Associates 375 Municipal Drive, Suite 140 Richardson, Texas 75080 (214)680-0666 Dr. Donaldson is a medical doctor. He may testify regarding the medical condition of the plaintiffs and about asbestos-related diseases. Dr. Gregory Foster North Texas Pulmonary Associates 375 Municipal Drive, Suite 104 Richardson, Texas 75080 (214) 680-0666 Dr. Foster is a medical doctor. He may testify regarding the medical condition of the plaintiffs and about asbestos-related diseases. Dr. David M. Burns UCSD Medical Center, Mail Code P772C 225 West Dickinson Street San Diego, California 92103 David Burns, M.D., is a board certified pulmonologist and epidemiologist. Dr. Burns currently practices medicine at the University of California, San Diego. Dr. Burns may testify about the pulmonology aspects of asbestos exposure, criteria relating to diagnosis, including such matters as dose response, progression, and risk of cancer. He will testify about cancer risk in relation to asbestos exposure, dose response principals, etiologic aspects of asbestos and malignancy, attribution and apportionment of causation. He will testify about various studies and cancer risk including refinery, shipyard, and others. Dr. Bums further is expected to offer testimony concerning the effects of inhaled tobacco smoke and other factors on the appearance of chest radiographs in populations who also are alleged to be exposed to asbestos- containing products and, additionally, concerning how the effects of inhaled tobacco smoke and other factors can confound the appearance and/or result of radiographic studies. He will also testify about the etiology of fibrotic lung disease, pulmonary aspects of asbestos caused or related disease processes and phenomenon, and the diagnosis, prognosis, measurement of impairment and causation of lung diseases from the pulmonologist perspective. He will testify about related disease and 26 progression. Beyond these matters. Dr. Burns is a witness appearing after the testimony of plaintiffs' experts at trial, in some measure his testimony may be responsive to evidence presented by the plaintiffs and cannot therefore be specifically predicted. Dr. Burns has previously testified is U.S.D.C., E.D. Tx., in Claude Cimino, et al v. Raymark Industries, Inc., et al, C.A. No. B-86-0456-CA. Dr. William Huahson University of California San Diego Medical Center San Diego, California A pulmonary specialist who will testify with respect to all aspects of asbestos related disease, the effect of smoking on pulmonary disease and cancer related issues as well as general knowledge about asbestos related disease in the United States. Dr. Daniel E. Banks Section of Pulmonary and Critical Care Medicine Department of Medicine West Virginia University School of Medicine Morgantown, West Virginia 26506 (304) 293-4661 A pulmonary specialist who will testify with respect to his training and experience with the National Institute for Occupational Safety and Health (NIOSH). He will also testify about other pulmonary diseases, the effect of smoking on pulmonary disease as well as general knowledge about asbestos related disease, including cancer, in the United States. Dr. Elliot Hinkes 301 North Prairie Avenue, Suite 311 Inglewood, CA 90301 (213) 674-0050 A specialist in the area of oncology who will testify with respect to all matters pertaining to the study and research of exposure to asbestos and its effects on the human body. This includes the history of medical knowledge concerning the carcinogenic effects of certain fiber types and the effects of smoking and exposure to asbestos with respect to the development of various types of cancer, the fear of cancer, and the risk of cancer. Dr. Hinkes may also testify as to how these matters may relate to plaintiffs' physical or mental conditions. Dr. Hinkes may also testify regarding state of the art. Dr. Roger Hill An economist that may be called upon to testify with respect to economic damages 27 of plaintifF(s). If unavailable, J. T. Thorpe Company will substitute another economist who will evaluate compensatory damages in various manners. Dr. Philip T. Cagle Baylor College of Medicine One Baylor Plaza, Room 267B Houston, Texas 77030 (713) 798-4661 Board Certified Pathologist who will testify concerning all aspects of Pathology as it relates to asbestos related diseases; the specialize histological techniques for diagnostic purposes; and the morphology of various malignancies. Dr. Thomas Wheeler Methodist Hospital 6565 Fannin, MS 205 Houston, Texas 77030 (713) 790-2681 Board Certified Pathologist who will testify concerning all aspects of Pathology as it relates to asbestos related diseases; the specialize histological techniques for diagnostic purposes; and the morphology of various malignancies. Dr. Robert O'Neal 1910 King Bee Road Perkinston, MS 39573 (601) 928-4972 Board Certified Pathologist who will testify concerning all aspects of Pathology as it relates to asbestos related diseases; the specialize histological techniques for diagnostic purposes; and the morphology of various malignancies. Dr. R. Brent Harrison The University of Mississippi Medical Center Department of Radiology 2500 North State Street Jackson, MS 39216 (601) 984-2515 Dr. Harrison is a B reader and may testify regarding the radiographs of the plaintiffs and/or plaintiffs' decedent. Dr. Robert N. Jones Tulane University School of Medicine Pulmonary Diseases Section 1700 Perdido Street 28 New Orleans, LA 70112 (504) 588-5265 Dr. Jones is a medical doctor. He may testify regarding the medical condition of the plaintiffs and about asbestos-related diseases. Dr. William Emory Ochsner Clinic 1514 Jefferson Highway New Orleans, LA 70121 (504) 838-4055 Dr. Emory is a medical doctor. He may testify regarding the medical condition of the plaintiffs and about asbestos-related diseases. Patrick M. Conolev, M.D. Kelsey-Seybold Clinic, P.A. 6624 Fanriin, Suite 1800 Houston, Texas 77030 (713) 791-8700 Dr. Conoley is a B reader and may testify regarding the radiographs of the plaintiffs and/or plaintiffs' decedent. Lou Burgher 145 North Tower Doctors Building 4242 Farnam Street Omaha, Nebraska 68133 (402) 559-2900 Dr. Louis Burgher is a pulmonologist who is currently president of Bishop Clarkson Memorial Hospital - Omaha, Nebraska. He will testify as to requirements medically for diagnosis of asbestos related disease. He will testify about progression, dose response, meaning of pleural change, cancer etiology, cancer risk, requirements to attribute a cancer in part to asbestos exposure and related medical and scientific matters relating to asbestos. He will testify that there is a lack of etiologic evidence and epidemiologic support to connect malignancies other than lung cancer and mesothelioma to asbestos. He will also testify about various scientific studies pertaining to cancer risk and incidences relating to jobs, work place, and asbestos and other materials and substances. He will testify on general medicine, the medicine of asbestos related disease, state of art, and historical matters relating to asbestos and asbestos medicine, including, but not limited to, asbestosis, pleural changes and their significance, as well as issues of progression, cancer, the development of medical knowledge generally, epidemiology, dose response, latency, thresholds, and related exposure issues. Dr. Michael D. Henderson 29 6501 Corsica Drive Memphis, Tennasee 38120 (901) 685-8346 A specialist in the area of oncology who will testify with respect to all matters pertaining to the study and research of exposure to asbestos and its effects on the human body. This includes the history of medical knowledge concerning the carcinogenic effects of certain fiber types and the effects of smoking and exposure to asbestos with respect to the development of various types of cancer, the fear of cancer, and the risk of cancer. Dr. Henderson may also testify as to how these manners may relate to plaintiffs' physical or mental conditions. Dr. James Crapo Duke University Medical Center Bill Building, Room 350 Durham, NC 27705 (919) 684-6266 Dr. Crapo is a board certified pulmonologist who will testify as to the requirements for diagnosis of asbestos related disease, progression, meaning of pleural change, correct reading of x-rays, dose response, cancer etiology relating to asbestos exposure, the effect and meaning of smoking in relation to cancer and asbestos. He will testify as to what is necessary in order for asbestos to play a role in cancer causation as to lung cancer and mesothelioma and to the lack of etiological and epidemiologic connection between asbestos and other cancers. He will also testify about inhalation of asbestos studies and other asbestos exposure studies he has observed and participated in conducting, their meaning, progression aspects of them, cellular responses and related matters. He will testify about cancer risks, etiology, dose response principals, the effects of cigarette smoking in humans. He will testify about various studies relating to cancer risk from asbestos and other substances, and etiology pertaining to lung and other types of malignancies including studies from refineries, shipyards, steel mills, and other places. Dr. Crapo will testify as to general medical principals pertaining to asbestos exposure and asbestos related disease. Dr. Wilbur A. Spaul Spaul Environmental, Inc. 1 1279 Knights Griffin Road Thonotosassa, Florida 33592 (813) 870-4895 Wilbur Spaul, Ph.D., of 2001 Pan Am Circle, Suite 100, Tampa, Florida, is an Industrial Hygienist who has worked in industrial hygiene for several decades. Dr. Wilbur Spaul worked as an industrial hygienist in the U.S. Navy and wd's trained and assigned to deal with asbestos-related matters, the study of asbestos in the 30 shipyards of the U.S. Navy in California and other places, the study of exposure and what industrial hygiene measures were necessary. If offered, he will testify about exposure levels found by him and what was recognized by him from his study of exposure reports, tests, and findings. Dr. Spaul has done studies of asbestos exposure levels on various jobs, including work at the shipyards, buildings and other places of potential exposure. Dr. Spaul is familiar with principles of fiber drift, fiber fall, and how asbestos settles out of the air and fails to remain airborne. He will give testimony about the speed with which asbestos fiber settle out and get away from the breathing zones of individuals. He will testify about general principles of industrial hygiene as they relate to asbestos, the Industrial Hygiene Foundation, and the various recognized permissible levels of exposure to asbestos over time. Dr. Spaul will testify as to what exposures have been demonstrated from usages of various types of asbestos products, including Unibestos, both through the direct use or manipulation of asbestos at different points away from the immediate product. He will testify as to how quickly exposure levels fall from the immediate source of dust. Dr. Spaul has visited and studied various places where insulation products were used and manipulated and removed, including shipyards, refineries, schools and other work processes. He will testify as to the purpose of threshold limit values, their meaning, how they should be interpreted and applied. He will also testify about the work of the Industrial Hygiene Foundation and how its rules and requirements are applied to industrial health. He will also testify about respirators, their usage and general effectiveness. Dr. Robert Murray S. Hill, Church Road Newton Green Sudbury, Suffolk, U.K. C010-0QP 787-312-820 Dr. Murray is an occupational medicine specialist, having practiced occupational medicine since the 1940's. He served in World War II with the allied forces and will testify how those forces played a part in occupational medicine concepts as well as the utility of asbestos in the war effort and otherwise. Dr. Murray worked with the Inspector or Factories Office in the United Kingdom in the 1940's and early 1950's and he was involved with Dr. Meriwether and will testify about that involvement and the thoughts of Dr. Meriwether. He will testify that in the 1940's when Dr. Meriwether was writing about asbestos-related matters, that Dr. Meriwether thought the problem of asbestosis was under control and consequently any problem with malignancy would no longer exist, if it ever did. He will testify about his work as a member of the Inspector of Factories Office, the various responsibilities they had, and their change for the industrial health of the nation. He will testify that the 1933 British regulations did not apply to laggers (installers of asbestos products) and there were no regulations in the United 31 Kingdom applying to that until 1 968 or thereabouts. He will testify that he worked with Dr. Meriwether, but it did not include installers of preformed asbestoscontaining products. It was thought that any cancer risk which had existed was under control due to the asbestos regulations and reductions in exposures that were consequently thought to occur. The first British regulations which applied to laggers (installers) were in the late 1960's. Dr. Murray believes amosite asbestos is a unique fiber and it was not recognized as a problem in relation to malignancy in humans through the early 1970's. He will also testify it was a general thought that before asbestos could be considered involved in a malignancy at all, there must be pre-existing significant asbestosis. If Dr. Murray had thought that installers of asbestos-containing products were at significant risk to get asbestos-related disease, he would have attempted to do something about that during the time he worked for the Inspector of Factories Office and later during the time he was Chief Medical Doctor for the Trades Union Counsel in the United Kingdom. In the 1950's Dr. Murray became Chief Medical Doctor and Advisor to the Trades Union Counsel in the United Kingdom and had the responsibility for coordinating with industry unions and the government in relation to health matters pertaining to various unions and paying attention to the health of all the workers. During that time frame, he did not recognize that installers and those allegedly exposed to asbestos-containing products were at undue risk to get asbestos-related disease. If he had thought there was a significant hea}th problem to installers of preformed asbestos products and anyone who might have gotten sidestream exposure from such operations in the fifties and sixties, he would have attempted to cause changes to be made in such work place exposures and he did not recognize such a need during that time. He will also testify that there was no requirement for a warning on asbestos-containing products in the United Kingdom until the early 1970's. Dr. Murray will testify that asbestos cannot be considered as simply asbestos, but that the circumstances of exposure and the type of fiber must be taken into consideration. He does not believe that amosite asbestos was believed to be a cause of malignancy in humans until after 1972. Dr. Murray will testify about Principles of Industrial Hygiene and Occupational Medicine and how they have applied historically in relation to asbestos. He will testify about scientific literature that relates to amosite asbestos and the field of occupational medicine. 32 Dr. J. M. G. Davis Institute of Occupational Medicine Roseburgh, PI. Edinburgh, U.K. EH 895U 31-667-5131 J.M.G. Davis, Ph.D., of the Institute of Occupational Medicine, Edinburgh, UK, worked with the British Asbestosis Research Council for more that 10 years while he was associated with Cambridge University. He will testify, if called, on the state of the medical and scientific art of asbestos diseases through history, and the development of knowledge of asbestos related matters. He will testify from experience on the risks, including asbestosis, lung cancer and mesothelioma, associated with the various asbestiform minerals, as perceived by members of the medical and scientific community, and persons involved with the industry, through time. He will also testify regarding research and experimentation he has done on asbestos and its effects. He will testify about his and others animal experiments with asbestos exposure, cellular responses to exposure, progression, dose response, fiber cellular interaction, cancer risk and causation and related matters. He may also respond to matters raised within his field of expertise by plaintiffs in the presentation of their case in chief. J. N. P. Davies, M.D. 277 Row Sulkirk, NY 12207 (409) 835-5200 (Stevens & Baldo) J.N.P. Davies, M.D., is a pathologist and has practiced medicine for over 45 years. In his pathological work he has studied asbestos-related disease and malignancy as it relates to asbestos. He has authored papers pertaining to the epidemiology of mesothelioma and has studied epidemiology. As part of Dr. Davies' experience, he has been involved in asbestos studies in South Africa, the United Kingdom and the United States. Dr. Davies has studied with, worked with and talked with a number of individuals who have historically written about and studied asbestos, including but not limited to Dr. Meriwether, Doll, Hueper, and Wagner. He is familiar with their thoughts, work and experiences. Dr. Davies may talk about cancer epidemiology ant what is involved in making determinations as to carcinogenesis as it relates to asbestos and other substances. He may testify concerning the epidemiology of the amosite variety of asbestos, and he may testify it is inappropriate to consider asbestos simply as asbestos. Dr. Davies may also testify about the threshold limit values and give an explanation of what threshold limit values are and usage of them as they relate to industrial hygiene and exposure of individuals to asbestos and other substances. Dr. Davies may testify about scientific and medical literature as it relates to amosite asbestos, epidemiology of cancer, amosite asbestos and cancer, and occupational medicine principles as they relate to asbestos. 33 Dr. Horton Corwin Hinshaw, Sr. (Videotape Only) Retired Emeritus Professor of Medicine University of California School of Medicine P.O. Box 546 Belvedere, California 94920 Dr. Hinshaw Sr. was trained as a pulmonary physician and was the author of a medical text on Chest Diseases. He will testify via videotape regarding the state of the art knowledge or lack thereof in the medical community about asbestos related diseases at various times. In Re: Related Asbestos Cases: United States District Court for the Northern District of California, No. C-83-6251 -RFP (All Cases) et al. November 19,1 984 (Videotape deposition) Edit #1 Page 1 2:5 Page 15:15 Page 21:15 Page 27:5 Page 40:3 Page 45:2 Page 51:13 Page 51:25 Page 53:20 Page 63:24 Page 68:8 Page 68:27 Page 70:6 Page 80:13 Page 86:10 to 15:12 to 21:13 to 26:22 to 39:27 to 44:18 . to 51:9 to 51:18 to 53:17 to 63:19 to 67:25 to 68:22 to 70:3 to 80:10 to 86:4 to 91:13 34 Id.. November 20,1984 Page 101:27 to Page 103:22 to Page 107:1 Page 110:1 Page 110:1 2 to Page 110:20 to Page 113:18 to Page 1 29:28 to Page 130:25 to Page 132:6 Id.. December 11,1984 Page 378:5 Page 403:18 to Edit #2 Page 20:9 Page 22:8 Page 37:1 9 Page 70:22 Page 403:18 to Page 74:12 Page 80:13 Page 11 5:4 Page 27:5 Edit #3 Page 1 2:5 Page 15:19 Page 21:26 Page 22:22 Page 27:5 Page 32:9 Page 35:17 Page 38:1 5 Page 37:1 9 Page 40:3 Page 54:5 Page 56:28 Page 62:2 Page 64:2 Page 65:18 Page 68:27 Page 78:21 to 103:12 106:15 to 109:15 to 110:9 110:17 112:28 129:19 130:18 131:27 to 132:27 to 378:14 404:2 to 21:9 to 22:21 to 38:27 to 73:8 404:2 to 76:17 to 83:6 to 121:19 to 33:7 to to to to to to to to to to to to to to to to 79:4 14:21 21:9 22:7 25:3 30:20 33:7 36:6 39:27 38:14 40:13 54:26 57:12 63:19 64:13 67:25 70:2 35 Page 70:6 Page 74:12 Page 80:1 Page 111:8 Page 113:20 to Page 117:10 to Page 1 27:28 to Page 1 28:24 to Page 1 29:28 to Page 387:24 to Page 388:4 Page 403:18 to to 73:8 to 78:12 to 83:6 to 112:28 115:6 121:19 128:3 129:19 130:18 387:28 to 388:6 404:2 Edit #4 Page 12:5 Page 17:5 Page 20:8 Page 21:26 Page 22:22 Page 27:1 Pago 29:23 Page 32:9 Pago 38:28 Page 40:3 Page 54:5 Page 56:28 Page 62:2 Page 64:2 Page 65:18 Page 68:27 Pago 78:20 Page 70:6 Page 403:18 to Page 74:12 Page 80:1 Pago 114:21 to Page 117:10 to Page 80:13 Page 120:21 to Page 127:28 to Page 128:24 to Page 129:28 to to 14:21 to 19:3 to 21:9 to 22:7 to 25:3 to 28:16 to 30:20 to 32:24 to 39:27 to 40:13 to 54:26 to 57:12 to 63:19 to 64:27 to 67:25 to 70:2 to 79:4 to 73:8 404:2 to 78:12 to 80:10 115:6 120:20 to 81:10 121:1!3 128:3 129:1!3 130:5 Dr. Ford Mclver (Videotape Only) Dr. Mclver will testify via videotape regarding the state of the art knowledge or lack thereof in the medical community about asbestos related diseases at various times. 36 Videotape Deposition for Use In Georgia, 09/15/78 Page 9:15 Page 25:17 Page 26:21 Page 32:8 Page 80:1 6 Page 85:24 Page 87:8 Page 90:2 Page 98:1 to 21:5 to 26:15 to 28:15 to 34:8 to 84:16 to 86:12 to 89:2 to 96:11 to 101:25 O.L. Allen vs. Fibreboard Corporation. United States District Court for the Eastern District of Texas, Beaumont Division, C.A.N. B-81-276-CA (Videotape Deposition April 9, 1982) Page 5:20 Page 12:17 Page 18:6 Page 21:11 Page 21:25 Page 23:13 Page 24:24 Page 28:1 5 Page 40:11 Page 40:22 Page 41:19 Page 43:17 Page 51:18 Page 51:25 Page 54:16 Page 55:25 Page 56:16 Page 57:7 Page 57:16 Page 58:6 Page 58:19 Page 62:6 to 12:10 to 17:25 to 21:6 to 21:19 to 23:8 to 24:14 to 28:3 to 40:7 to 40:18 to 41:12 to 43:13 to 51:9 to 51:21 to 54:13 to 55:18 to 56:12 to 56:18 to 57:11 to 57:23 to 58:9 to 62:2 to 63:14 Dr. Irma West (Videotape Only) Dr. West was the head of the Bureau of Adult Health for the State of California for many years and will testify via videotape about the state of the art knowledge in the occupational health community from time to time and the medical priorities at those times. 37 In Re: Related Cases. United States District Court for the Northern District of California, No. C-79-3588 RFP, (All Cases) et al. November 2, 1984, (Videotaped Deposition) Edit #1 Page 14:6 Page 33:17 Pago 40:5 Page 43:10 Page 44:14 Page 46:24 Page 47:7 Page 49:21 Page 54:1 Page 56:25 Page 57:23 Page 64:6 Page 69:8 Page 69:20 Page 73:7 Page 74:25 Page 76:16 Page 76:25 Page 77:21 Page 78:14 Page 80:5 Page 82:2 Page 82:11 Page 82:22 Page 83:18 Page 84:6 Page 84:11 Page 86:22 Page 108:25 to Page 109:9 Page 111:23 to Page 124:6 Page 125:24 to Page 128:6 Page 129:25 to Page 135:14 Page 137:15 to Page 137:23 to Page 140:11 to Page 140:25 to Page 141:22 to Page 153:14 to Page 1 56:4 to 33:5 to 39:5 to 42:22 to 44:6 to 46:19 to 47:4 to 49:19 to 53:24 to 55:24 to 57:16 to 63:18 to 68:10 to 69:16 to 72:4 to 71:15 to 76:8 to 76:23 to 77:15 to 78:12 to 79:20 to 81:9 to 82:6 to 82:20 to 83:4 to 83:25 to 84:9 to 85:4 to 86:23 109:6 to 111:18 116:20 to 125:2 128:2 to 129:15 130:22 to 135:21 137:20 138:19 140:22 141:1 151:22 154:3 to 156:11 38 Page 168:4 Page 169:20 to Page 171:8 Page 174:1 Page 175:16 to Page 178:25 to Page 179:2 Page 179:24 to Edit #2> to 169:8 170:3 to 171:24 to 175:14 178:22 178:25 to 179:15 185:11 Paae/Line 14:8 19:23 23:5 24:8 32:9 33:24 40:5 43:10 44:14 46:13 46:24 49:21 65:12 69:8 69:20 71:10 73:7 76:20 77:21 128:10 137:15 137:23 141:10 146:6 147:22 150:21 161:2 213:13 to Paae/Line 19:13 22:13 23:21 31:9 33:5 39:5 41:13 44:6 44:22 46:19 49:19 50:20 67:24 69:16 70:8 72:4 73:19 77:15 77:22 129:15 137:20 138:19 142:3 146:23 148:10 151:10 162:2 213:19 Comment TLV's 5 mppct Dr. Irving Selikoff (Deposition Only) Dr. Selikoff has testified on numerous occassions about the history of medical research about asbestos and about insulators in the United States and Great Britain. Tomplait vs. Combustion Engineering. United States District Court for the Eastern District of Texas, Beaumont Division, Civil No. 5402, March 4, 1968 39 Page' 2:6 Page 10:3 Page 12:24 Page 17:3 Page 23:14 Page 28:3 Page 37:6 to 6:17 to 11:24 to 15:24 to 22:19 to 25:8 to 28:7 to 39:10 Rogers vs. Johns-Manville. Circuit Court of Missouri No. 720,071, February 19, 1971 Page 63:22 Page 66:7 Page 68:24 Page 69:13 Page 90:4 Page 91:17 Page 94:1 7 Page 96:1 to 64:20 to 68:18 to 69:4 to 72:1 to 90:25 to 94:1 to 94:22 to 97:13 Clark Cooper, M.D. (Deposition Only) Borel vs. Fibreboard Paper Product. Inc.. United States District Court, Eastern District of Texas, Beaumont Division, Civil Action No. 6449 (Trial Testimony September 23, 1971) Page 423:2 Page 497:1 Page 511:4 Page 525:8 to 443:20 to 507:13 to 513:9 to 526:23 Heinz B. Fisenstatdt (Deposition Only) Wimberly vs. Fibreboard Corporation. United States District Court, Eastern District of Texas, Beaumont Division, Civil Action No. 74-224-CA, (Deposition January 16, 1975) Page 7:11 Page 14:23 Page 16:20 Page 19:3 Page 49:7 Page 51:23 Page 54:13 Page 60:3 Page 85:21 Page 124:7 Page 134:17 to Page 138:9 Page 141:12 to to 14:19 to 14:23 to 18:25 to 20:4 to 50:23 to 52:22 to 56:5 to 62:5 to 86:20 to 126:17 135:7 to 139:21 142:25 40 Dr. Daniel Jenkins Bell vs. Fibreboard Corporation. United States District Court, Eastern District of Texas, Beaumont Division, Civil No. B-74-50-CA (Deposition May 24, 1975) Page 24:24 Page 196:1 Page 220:1 Page 228:10 to Page 235:14 to Page 241:16 to Pago 243:4 Page 244:16 to Page 246:19 to Page 251:25 to Page 255:20 to Page 257:4 Page 259:2 Page 262:24 to Page 267:11 to Page 273:4 Page 283:9 Page 319:5 Page 340:22 to Page 353:14 to Page 363:17 to Page 364:14 to to 33:3 to 198:25 to 226:1 234:25 237:1 242:25 to 244:1 245:25 247:23 254:25 256:13 to 258:15 to 259:23 263:20 269:6 to 274:25 to 285:13 to 320:13 342:14 357:4 364:2 365:8 Joseph Ralph Shrode (Deposition Only) Porter vs. Fibreboard. United States District Court, Eastern District of Texas, Beaumont Division, (Deposition August 19, 1970) Page 7:16 Page 8:19 Page 121:11 to Page 121:21 to Page 126:23 to Page 129:24 to to 8:15 to 8:23 121:16 122:15 128:3 130:14 Borel vs. Fibreboard Paper Products. Inc. United States District Court, Eastern District, of Texas, Beaumont Division, Civil Action No. 6449 (Trial Testimony September 27, 1971) Page 858:9 Page 865:13 to Page 882:5 to 859:17 872:13 to 882:9 Tomplait vs. Combustion Engineering 41 Page 98:5-1 2 Thomas Hartwell (Deposition Only) Hartwell vs. Johns-Manville United States District Court, Eastern District of Texas, Beaumont Division, Civil Action No. 7513 (Deposition January 23, 1975) Page 6:21 Page 7:24 Page 8:20 Page 28:4 Pago 28:18 Page 62:5 Page 68:20 to 7:4 to 8:10 to 8:25 to 28:6 to 28:19 to 62: 11 to 69:12 Joseph M. Slott (Deposition Only) Slott vs. Fibreboard Corporation, United States District Court, Eastern District of Texas, Beaumont Division, (Deposition December 2, 1980) Page 9:17 Page 12:23 Page 19:24 Page 26:1 9 Page 30:9 Page 36:1 9 Page 41:3 Page 113:2 Page 129:1 to 9:19 to 12:25 to 24:2 to 26:21 to 30:22 to 38:2 to 41:12 to 113:8 to 129:6 Edward Palermo (Deposition Only) Palermo vs. Fibreboard Paper Products Corporation. United States District Court, Eastern District of Texas, Beaumont Division, No. B-75-CA-192 (June 30, 1976) Page 43:15 Page 134:21 to Page 165:15 to Page 223:21 to Page 226:12 to Page 241:23 to Page 243:12 to Page 244:1 Page 248:18 to to 51:20 138:8 168:14 225:9 228:9 242:7 243:21 to 244:11 249:12 Johnnie M. Stoma (Deposition Only) 42 Stoma vs. Johns-Manville. United States District Court, Eastern District of Texas, Beaumont Division, No. B-81-328-CA Page 105:14 to Page 118:23 to Page 128:20 to Page 146:6 105:24 1 19:2 129:8 to 146:13 Leslie Cook Bellot vs. Fibreboard Corporation. United States District Court, Eastern District of Texas, Beaumont Division, Civil Action No. B-74-253-CA, (Deposition December 10, 1975) Page 3:1 Page 9:20 Page 11:20 Page 1 2:6 Page 17:19 Page 20:6 Page 31:13 Page 35:22 Page 40:6 to 8:5 to 10:7 to 12:2 to 15:2 to 18:13 to 25:25 to 32:45 to 39:11 to 41:24 William Boden (Deposition Only) William Edward Boden, Jr. vs. Johns-Manville. United States District Court, Eastern District of Texas, Tyler Division, Civil Action No. TY-79-47-CA (Deposition September 11,1980) Page 78:19 Page 92:1 to 79:3 to 92:16 H. J. Plitt (Deposition Only) H. J. Plitt vs. Standard Asbestos Company. United States District Court, Southern District of Texas, Houston Division, Civil Action No. 75-H-906 (Asbestos Case Consolidated under Claude A. Dunn vs. Johns-Manville. Civil Action No. 73-H-1072) (Deposition January 7, 1976) Page 1 5:9 Page 40:6 Page 42:12 Page 82:9 Page 156:22 to to 19:10 to 40:18 to 42:23 to 82:21 157:4 Joe T. Frazier 43 Mr. Frazier will testify live or by deposition in Claude Cimino, et ux vs. Ravmark Industries. Inc., et al. United States District Court for the Eastern District of Texas, Beaumont Division, Civil Action No. B-86-0446-CA, taken August 21, 1990. James J. Hoard Mr. Hoard will testify live or by deposition in Claude Cimino. et ux vs. Ravmark Industries. Inc., et al. United States District Court for the Eastern District of Texas, Beaumont Division, Civil Action No. B-86-0446-CA, taken August 20, 1990. Teresa Bowers Ms. Bowers will testify live or by deposition in 0. L. Allen, et ux vs. Fibreboard Corporation, et al. United States District Court for the Eastern District of Texas, Beaumont Division, Civil Action No. B-81-276-CA, taken September 22, 1981. Alexander Alfred Cross Mr. Cross will testify by deposition in In Re: All Asbestos-Related Personal Injury or Death Cases Filed or to be Filed by Baron & Budd, P.C. In Travis County, Texas vs. Pittsburgh Corning Corporation, et al: In the District Courts of Travis County, Texas taken September 29, 1993, ant October 1, 1993. Jerry Nelson Winnie, Texas Mr. Nelson may testify live concerning the distribution and installation of insulation products. Ken Dickson Mr. Dickson may testify live concerning the distribution and installation of insulation products. Marion McManus Houston, Texas Mr. McManus may testify live or by deposition in Clarence Borel vs. Fibreboard Paper Products Corporation, et al. United States District Court for the Eastern District of Texas, Beaumont Division, Civil Action No. 6449 (Trial Testimony September 28, 1971). J. T. "Skip" Stonebarger Houston, Texas Mr. Stonebarger may testify live concerning the distribution and installation of insulation products. 44 Ed Golden Mr. Golden may testify live or by deposition taken in the following: Cause No. 88-09782, styled Uovd Leffel vs. Fibreboard Corporation, et al: taken October 6, 1 989. Cause No. 88-09782, styled Llovd Leffel vs. Fibreboard Corporation, et al: taken August 16, 1990. Dr. R. J. Potts 9229 Vinewood Dallas, Texas 75228 Dr. Potts is a medical doctor and a former Medical Director for Mobil Oil and is expected to testify with regard to the knowledge and practice of the chemical and refinery industry in general with regard to asbestos in its refineries. Russell Allen vs. American Petrofina Inc.: No B-1 26,986, Jefferson County, Texas, District Court, 60th Judicial District, deposition testimony. Dr. James W. Hammond 1010 Town Place Houston, Texas Dr. Hammond was the industrial hygienist at Exxon Corporation and is expected to testify with regard to the knowledge and practice of the chemical and refinery industry in general with regard to asbestos in its refineries. Russell Allen vs. American Petrofina Inc.: No B-1 26,986, Jefferson County, Texas, District Court, 60th Judicial District, deposition testimony (4 volumes - entire transcript). 45 OTHER WITNESSES WHO MAY BE CALLED LIVE OR BY DEPOSITION STATE-OF-THE-ART (a) Forde A. Mclver, M.D. (b) Daniel E. Jenkins, M.D. (0 J. C. Wagner (d) Keith Morgan, M.D. (e) James D. Snell, M.D. (f) Robert M. Brown (g) Edward D. Helton (h) Joseph Miller, M.D. (i) J.N.P. Davies, M.D. (j) Stephen Ayers, M.D. <k) Peter Harries, M.D. (1) John Craighead, M.D. (m) Allen Feingold, M.D. (n) Robert Murray, M D. MEDICAL ISSUES: (a) Andrew Churg, M.D. (b) William Cole, M.D. (c) Bashir Chaudhary, M.D (d) Stuart Brooks, M D. (e) Richard A. Elmer, M.D. (f) Winford H. Pool, M.D. (g) Ron Crystal, M.D. (h) Anthony Costrini, M.D. (i) Victor Roggli, M.D. (j) Jerry Wiott, M.D. (k) David Stacy, M.D. (l) Joseph Miller, M.D. (m) Ed Block, M.D. (n) 0. C. Harris, M.D. (o) Philip R. Saleeby, M.D. (p) John Crissman, M.D. (q) Azorides Morales, M.D. (r) John Craighead, M.D. (s) David Burns, M.D. (t) Lee Reichman, M.D. (u) Robert DiBenedetto, M.D. (v) Stephen Morris, M.D. (w) James Miller, M.D. (x) William Weiss, M.D. (y) J. C. Wagner, M.D. (z) Harry B. Demopoulos, M.D. (aa) Oscar Auerbach, M.D. (bb) G. Michael Duffell, M.D. (cc) Gilbert D. Grossman, M.D. (dd) James Wellman, M.D. 47 (ee) Marvin Kuschner, M.D. (ff) George Schoonover, M.D. (gg) D. H. Manning, M.D. (hh) James Lockey, M.D. (ii) Bernard Gee, M.D. (jj) Russell Sherwin, M.D. (kk) Thomas V. Colby, M.D. (II) Jerome Kleinerman, M.D. (mm) Nasha Burki, M.D. (nn) David J. Frolich, M.D. (oo) David A. Edelman, M.D. (pp) Keith Chandler, M D. (qq) Allan L. Goldman, M.D. (rr) Fred Pooley, Ph.D. (ss) Kevin Browne, M.D. (tt) Allen Feingold, M D. (uu) W. E. Smith, M.D. (vv) George Schoonover, M D. (ww) C. M. Johnson, M.D. (xx) Jerry Abraham, M.D. (yy) William Guest, M.D. (zz) Paul Wheeler, M.D. (A) Edward Gaensler, M.D. (B) Philip T. Cagle, M.D. (C) Donald Greenburg, M.D. (D) William Hughson, M.D. (E) Elliott Hinkes, M.D. (F) Allen Gibbs, M.D. (G) Nathaniel Rodman, M.D. (H) Jay Leonard Litchenfeld, M.D. (I) Louis Burger, M.D. (J) James Crapo, M.D. EXHIBIT "A" CAUTION THIS PRODUCT CONTAINS ASBESTOS FI0EH AVOID BREATHING THE DUST. INHA IATION OF ASBESTOS IN EXCESS'*.-! QUANTITIES OVER LONG PERlOOS Of TIME MAY BE HARMFUL IF OUST IS CREATE 0 WHEN THIS PRODUCT IS HANDLED. USE PROPER PRO TECTION IF PROPER DUST CONTROL CANNOT BE-PROVIOED. RESPIRATORS AP PROVED BY THE U S BUREAU OF MINES FOR PROTECTION AGAINST PNEUMOCONIOSIS -PRODUCING DUSTS SHOULD OE WORN Man maimuit CAUTION THIS PRODUCT CONTAINS ASBESTOS FIBER AND FREE CRYSTALLINE SILICA. AVOIO BREATHING THE DUST. INHALATION OF THESE MATERIALS IN EXCESSIVE QUANTITIES OVER LONG PERlOOS OF TIME MAY BE HARMFUL # DUST IS CREATED WHEN THIS PROOUCT IS HANDLED. USE PROPER PRO TECTION. V PROPER DUST CONTROL CANNOT BE PROVIDED. RESPIRATORS APPROVED BY THE U S. BUREAU OP MINES FOR PROTECTION AGAINST PNEUMOCONIOSIS-PRODUCING DUSTS SHOULD BE WORN. 101 MUSA f EXHIBIT "B"  l 1 HEALTH SAFETY  f INTRODUCTION . CONTENTS MtanMUMHMMiaonri) . STRIPPING OP THERMAL TO *"0 w a 4 4 EXHIBIT "C" oshaaep HCW to Stu u\vn IT contents Background Material Suggeatlena for Coaplying Baployer Requlraaeats Eaployea Raqulreaenta laapector Xequlresaaca Healcoring Cqui^aanc flraa Capable ot Monitoring a Typical lettara co Cuaeeaara (three lactera) V. X. C. A. Inatrucetons ca Coatractora Chart/on Duac Xaaulea - Typical Job . M-01651 I OSHA MV HOW TO Sttt W rHIH IT Hsslth and Safeey lava arc nothing now to American Industry. Safety rules havo bora In offset undar tfslth-Kealy, Atomic Energy Act, longshoreman Act, oee. for many years. All choir requirements for providing a aafo and hoalthful plsca !I tI to work fall on cho employer. Tha now OSHA law is 'pacifically daalgnad to ollalnata unaafa worklnt condition* aelll existing, by anglnaarlng and taehaleal oatheds, not by substitution or allalaatloa of oaadad produces. Aabaatoa la a cargat product along with allien, load, ate. Specific atnadarda and guldaliaaa have baaa aac up for any aatployor whoaa aaployaaa nay com la eoataet with aabaatoa flbar duae. Mo loagar eaa aa aaployar ba laalaat la allowing any unaafa act to continue. Safety gogglea nuat bo uaad whan naeaaaary. Bard hate are required. No longer eaa aa aaployar eolaraca eluttarad floor*, blocked alalaa, unaafa acaffold, exersae solaa, poor light, bad vencllacloa, or dusty location*. Thla la what OSHA 1* all about. Article 1910 - Title 29 - Chapter X7IZ specifically 1* directed to tha *b**eo* hasard. Thl* regulation doe* noc prohibit use or aanufaccura of product* with aabaatoa. it aaroly deal* .ith Halt* to which eha workman say ba exposed, baaad oa limited knowledge, and aelll work Id a "safe ar*a.,, Moat tllna** or death aeerlbuead eo asbestos 4* with parsons working In eha Industry for 15 or nor* years. Vary little, If any, data Is available of the fiber canceneraelon in those day*. We do know chat chare vs* little emphasis sada la tha construction Industry to control tha fibers generated, follow work praceleas eo reduce any dust, or to install work pracelcas to reduce exposure. V* da knw chat produces used In eha AO's and SO1a contained ouch higher asbestos content eham produces today. M-01652 4 2- Today cements are asbestos free; fiber glass Is used In lieu of Atbesto-Call and Woolfelt, lit Hag, Superas, Unlbesto* (all high asbestos coneane) replaced by Calcium Silicate * which now has less than 7X fiber. Work practices today use seal Jackets In place of chicken wire, ceoenc, and nestle. Asbestos-bearing Insulations today are less than 3OX of total lusulatlon used, and this 3OX has less than one-half the asbestos eeneene of aacerlal 15 to 20 years ago. So, with no regulation, the workman's esposure is 7SX - BOX less than 20 years ago. Zn addition, the Construction Industry has developed more sophisticated environmentally controlled shops versus previous field sawing and other hand nothode of fabrication. It is Important that everyone lneerpreca the regulations correctly. This is hard to do. The regulations were basically written around a nanufacturlng operation,- and adapted to the Construction Industry. Interpretation nuse be based on a "reasonable approach" where it Is ambiguous. The Standard deals with: 1. Permissible concentration of esposure to asbestos fiber. Tears ago the limit was 12 fibers per cubic centimeter; recently the self-imposed limit la manufacturing was six. The present regulation has a TWA (Time Weighted Average) of five, and a peak concentration of ten.. Wichto..tvo.^--- years the TWA will be two. Numerous objections to this have been Bade both pro and con - but this Is now the law. iJ, a. Time Weighted Average - (TWA) - Based on an eight-hour period. Concentration over five flbars/cc, but not exceeding tea would be permitted up to IS alnuces In an hour, but not for more than five hours in an eight-hour day. If a nan works In an atmosphere of four fibers for 30 alnuces tott tateralctancly in am eight-hour day, his limie exposure Is well below the TVL of two in wet every cas,,. 2. Monitoring Is required to determine If there are any work staclo.ns above, within, or below the value permitted, can, five, or two. a. Where stations are found to generate over five fibers on a TWA, correcting action must be taken sc once. Engineering or work practice changes are required. Respirators are but * temporary aeasure. M-01653 3 b. Ones a work station or location Is monitored, similar work acations within cho sama araa need noc b* monitored. e. Industrial plants now have txrsnslvo monitoring pro* caduras see up in various places for toxic fuses, and other produces thae may be injurious to health. This does lnvolvo the contractor la a new procedure. d. Since monitoring Is required for asbestos, removing asbestos from today's products will noc stop this raquireaene. Any "tear out", revision, etc. of existing planes' equipment will Involve asbestos. But, the TJk feature would no doubc keep any exposure to a minimum. a. Ie la only a aaeeer of eiae before other products will require monitoring, such as alnetal wool, lead, glass fibers, plascle foaae, see. Any program started now wilt ba adaptable to future prograa. 3. Medical Exams. for the contractor, chit Is an added expense and problaa. Most large industrial fires, such as Johns-Manvilie, already have nodical exaaa, etc. sec up la their eaployaeac agreeaaacs. The standards are noe clear as to what is aaant by "eomprehenalve medical exam," which also states the alalnua require ments of X-ray, personal history, and pulnonary test only. We will sons day find out If "comprehensive" naans blood, urine, hearing, and other tests, a There has be n vary little aonltorlng performed la the Construc tion Industry. Efforts made to monitor work functions in the Insulation Industry have been basically restricted to medical organisations for research purposes.. Limited aonltorlng done by Industry and contractors has demon strated the dust exposure on ehe lob Is t 'll below the five fiber limit on a IVA basis, even under t.ia most severe conditions. There are some problem areas, such as la closed or non-vencllaced areas and fabrication shops. Each contractor and owner oust evaluate these conditions. ElLniaatloa of asbestos-bearing insulaeion materials won't eliminate the aonltorlng aspect or requirement of the customer because there could wall ba asbestos from other sources. M-01654 V * Certain operations ara dusty but on a TVA - they do not create dust eondtelona over eha fiva flbar Hale. Sona ot Chata ara hand tawing, opening eat eon*, removing insulation, mixing dry cement, clean-up work. Work praeclcaa can ba davalopad eo avan lessen eho axpaturo la ehaaa few oparaclona eonaldarad a problem aroa. elimination of brooms and eompraatad air on eleua-up work la oao example. Use an industrial vacuum sweeper for all eleonupa. Uta plasele bags for refuse. How about smohlneT Almost tvary madieal authority has said that eha connection boewaon caaear and asbattos could ba reduced or ollmlnaeed by the employee If ha quit smoking. Ho ont la really aura of eho eonnoeclon boewaaa cancer, tobacco, and asbestos-bue eho hoaleh problem la graatly reduced with the absence of tobacco. The Standard* refer eo "locked In" fibers la soma produce*. Johaa-Manvllla haa listed cheae produces, sad attached you will flad how we officially categorise them. However, If the praduee la cue, altered, etc., the "loekad la" feature Is lost. Tom might think tht with the Introduction of Therao-12 your effort eo sell asbestos-bearing materials la aoe aa urgtne. This Is noe true. Look at eho llae of asbestos-bearing material wa tall chac are needed In the industry eodav. We muse convince our customers they caa use them safely with simple and practical work ruloo. Tom caa't do eho job alone. You need the fullest mppore of your contractor, fabricator, or distributor. You muse firse eomwlaco hi a of his role la this, and that he caa operate a "safe and healthy" shop or job using asbastos-bssrlng aatarials. Thoa you and your contractor or fabricator muse envlnco the ultimata customer thee there Is no OSKA problem with you on job or thorn using our materiel. Z caaaoe over emphasise the Importance f your contractor and distributor la helping you toll asbescoa-bearlng material*. Tom must 6a able to coniule with the coaeraceor an his ware house end job procedures. Show him where he can actually save memby performing simple housekeeping procedures. M-01655 Convince your coneracear eo uaa OSHA as a tailing cool for hit firm. If your contractor hat a reputation for conforming co a ttata and/or Federal regulation, net only OSHA, but other* tueh aa insuranca, discrtBineclon, wage and price control, juris* diction of work, etc., ha ean u*a this knowledge to isprov* his Image with the cuatosar. le may even overcome a price differential. You ausc convince your contractor of this approach, and his ras* ponalbllity co help you sell the ulcleate contuses on the question; "Can asbestos be used safely?" Attached you will find a eopy of the condensed version of N. I. C. A. interpretation of cho asbestos regulations. Particular care should be given to the fact thae certain procedures are needed only when 1laics are exceeded. Jose careless calk has aany laysea thinking some procedures oust be done-ac-all Claes regardless of conditions found. Sonatinas our coapecltors help fuel these fires. Also attached are three suggested letters to sand co cutcoear*. There is no pride of authorship; change thaa to fit your situation if they will help you sell. Your contractors receive auch data froa K. X. C. A. on the OSHA problaa. Bill leitae puts out OSHA letters on general information, and there are aany ocher sources of inforsaclpn. V* have sane you Insulation Hvelsne Prueress Reports froa Me. Sinai. Even this pub* llcacion points out chat asbaseos and saoklng are not compatible. Paailiarlte yourself with these facts, and call on eh* right people cn gee youi pitch across. This is your Job co find a way to do, June as ypu find a way to secure aa order - "Asbestos-bearing products can be used safely with slnple work practices, and these work practices are no nore than should normally be done to creaee a safe and healthy placa eo work using any product." ft M-01656 SUGGESTIONS 70R CCMW.IA.NCt 8Y AMY TITO 1. Select a eoapaesne Safety Officer responsible for ~dsUalseraclan ao*l lapleaencaetoa of eh* fine'* Health and Safety rules as eh ay apply ea eh* operation. 2. Establish a Corporae* Safety Policy directive. (S* attachsd) 3. Maine*la and up-date basic saf* work rules foe sach erode. 4. Arrange periodic work rule and safety aseting* wieh supervisory fore*. (Pora*es, *ee.) 3. Publish saf* rules ia all work places, Including procedures for accidaac reporting, aadlcal locaeloo, aabulanca service, see. M-01657 occupational sxrvrr kxo health act 1970 BiPLOTtSS ARE MSOUIRgP TO; 1. Provide safa work environment, lroo froa hatarda which may cauao illneir, injury, or death ea chair employees. Adopt company-written safety policy. 2. Polar our poeantlal hatarda and procaet chair aaployeea froa injury. 3. Comply with Safety and Health aeandarda - aaariancy aadlcal eara for .each Job alee - emergency transportation with ambulance services or reacua squads, and if eheaa ara nor readily available, than a peraon with a acandard flrat aid cartlflcara from the American led Croaa muac be preaenc on the job alee. Firae eld kit approved by a phyalcian ahall be provided and phone aumbara of aaariancy faclllrlae muat be poated. 4. Permit tnapeetore to oncer workplace without delay at all raaaooable claea. 3. Conduct peraonal periodic Inapcctlona for aafacy and health aeandarda compliance. 6. louaekaeplnf In tenoral, ehe refulatlona require that Job aleee bo kept clear of tripping hatarda and all combuaclbla aatarialc be removed on regular achedulee. 7* Poet noticea to keep aaployeea Informed of their rlghta and dnttaa, including provlalona of applicable atandarda. 1. Maintain recorda, loga, etc. of all work-related lojurlea, llineeaea, daatha,. and exposure of eaploy-ea to conic ehamleala and harmful phyaieal agenca. 9* Provide phyaieal axaalnaciona of amployeea to determine if exposure eo toxic aubatancea or harmful phyaieal agenta haa exceeded permlaalbla limica. 10. Poet coplee of cltaclona of violaclon ae or near each place a violation haa occurred. 11. Provide amployeea with protective equipment, hard hata far falling objacta, llfellnea where danger of falling exiatt. -l- z* occjtattoval SAfrrr and hsaltk act 1970 respiratory aqupnenc la dangerous aeaospheres, safety goggles If there la exposure to flying objects or anything Injurious to tha ayaa. The caployer 1* raaponalbla to aaa that effecclva protective equlpsenc 1* used by hla employees, whara thla would eliminate tha possibility of Injuries. 12. flra protection and pravanelon: All construction arena oust ba protected fron flra, and It la not sufficient to have a flra excingulshar in tha trailer, fire hosa nay ba used if there is 23 PS1 with one*half nosxla available, and not more than 100 feet of hosa. One flra extinguisher raced 2A far each 3,000 square fast af analaaad building area and a minimum of ana extinguisher par floor, and in a aulti*story, ona extinguisher amst ba located adjacent to tha stairway. Fifty-five gallon open dcua of water with two flra patls nay ba substituted for ona 2A. M-01659 \i OCCUPATIONAL SAFETY ANP HEALTH ACT 1970 OCTLOYTtS WO THEIR LEGAL REPRESENTATIVE5 HAVE THE SIGHT TOt 1. A placa of anployaenc fra* fron health haaard*. 2. Raguaat aa Impaction If a auepaceed violation ex lata. 3. Reaala anonynoua, and to took legal racoarsa If raeallla* elan occur*. 4. Accoopeny aa lnapaceor during hla vlale. 3. Recalv* notification froa th# lnapactor aa to whether or noe a violation axlaea. 6. So appralaad of all axiatlng haaarda. 7. 711a written objection* to and roguaat a hearing on propoaad acaadarda. t. Trataat eh* langeh of tin* given to corrace a violation. 9. Supply eha ! acratary of Labor with information uaad to develop a daw aeandard. 10. Individually, or through hi* legal rapraaaneaelva, bring legal aatioa agalaae eha Secretary of Labor for falling to taka action on violation* reaulclag la Injury, lllnaaa, or daaeh. 11. Obaarva nonltorlng of toxic aubataacaa and hava accaar to record* of auch nonltorlng. 12. la rapraaantad on eha National Adviaory Coanlaalon on Seat* Vorhnaa'a Conpanaaclon Lava aad eh* Standard* Adviaory Coealeeea*. M-01660 * OCCOPATTOVAL SAfgTT AMO HEALTH ACT OF 1970 Mt ISSTSCTOR MAY; 1. Appear unannounced ac any reasonable elm at the Job alee. 2. Ho ouae prasenc proper credentials to owner, operator, or ageat la charge. 3. Gala eatraaco to project by preseaelag credentials to any employee. If nlalaun delay falls to produce the agent la charge. , 4. Request an employee or authorised representative eo accoepany his during eha lnapeceloa. 3. Za eha absence of an aeeospaaylag employee or representative, say question a rsasonablo maker of enployeea. 4. Check the place of enploynent and all pertlnene conditions, structures, nachlnes, apparatus, devices, equlpnene, and natarlala. 7. Review any records required under eha Act. I. Taka photoiraphs, sanplcs, and employ other lavesclgatlvo techniques. 9* Thera will bo no advance notice of an Inspection. Substantial flaas, and, la soon cases. Jail sontsacas are provided for Interfering with an Inspector. M-01661 ASBESTOS mm OUST SAHH.INO EOUTTVgiT 1. Puaoa a. Cassella 7*13030/1, charger. stapling head, with T-16124 battery Willson Products Diwlalon ESI, Inc. ?. 0. Sex 622 Reading, Pannsylvanla 19603 b. MSA Medal 6 duac ssapling pump, with 4360S9 battery charger aasaably. (HIOSH ia standardisation on this - bad delivery) Mina Safety Appliances Ceapany 201 North Braddock Awanua Pittsburgh, Pennsylvania 13206 (or local tales offteca) e. Bandlx 3900*10 Micronalr Stapler, eonplatc with battery and charger. Rotas Also apac'.fy puap to be uaad for asbestos fiber dust stapling All aanudaeturars will supply connecting hosa with nounting clips If requested.' 2. HBlWW Hllllpoee MAW? 03? AO Aerosol field swnlter, with AA white plain filters. Mllliposa Corporation Bedford, Massachusetts 01730 M-01662 nns capable or pcrtormxro mckitorixc or ASBESTOS TIBER IM THE WORK PIACE 1. National Notaa Control Ssrvlca Corporation Loop Crova, Illinois 60049 2. Servant and MeCoy 921 Pamsylvanla Avanua P. 0. Box 23* Vyonlastng, Pennsylvania 19*10 3. Caorga 1. Clayton and Assoclataa 7327 Souchflald Boad Souchflald, Klchlgaa 4*07* 4. Xaduatrial Hygiana Cnglaaarlag Sarvleaa Johna-Hanvllla Corporation Danvar, Colorado *0217 3. Trapolo-Vaac 2030 Right Avanuo Rlehnond, California 94*04 Ibaio flrna ara capabla of doing oaeha'Jok'*aiea oonlcoring, as wall aa avaluaelni cha apaeloans of aaaplaa. Ze would ba naeassary for sank Individual to eancaee cha flna to find out If chop would handla Just cha avaluatloa part If cha contractor doaa his own on* tha-Joh coupling. M-01663 Dear Customer: ttftcal terra #L. Oiur Industrial Produces Division has raquas cad aa eo concace poo In conjunction with the health spaces oi our Johns* Manrllla Iharaoboscoa Insulation. Theroebestos Insulaeloo curraaelp coaeaiaa only 71 chrpsoeila asbestos fiber. This la la contrast eo eha sane Insulacloo which heretofore contained up to ISZ* tha asbeetoe concanc of our other insulations has also beaa reduced. Although aabaeeos la a kaown eoxte aatarlal, many other tub* stancea eo which construccloa workers are exposed are also carle. X have raferaaca eo veldlag fuaas, silica, soae types of paints, gasoline, ace. Asbascos, Ilka any other aatarlal eaa be handled sad used aafaly. tha logical approach is eo rocogalsa and undarscand eha potential basards and take eha aacasaary precautloae to avoid Injury. Tha present asbeacos duse threshold Hole value, as proscribed by eha Federal Occupational Safecy and Health Ace, is based on aa elghc*hour clM weighted average airborne concan* eracion ,f fiber to which eeployeaa are exposed. Tha elghe* hwr avenge expoauro shall aoc excaed five fibers per ailli* liter greater than five alcroee la length, as decarnlned by tha aenbraaa filter aaehod of aonleorlng, Concentrations above five fibers/HI, but not to exceed ten fibers/ML nay be persisted up to a teeal of 15 sinucas la an hour for up eo five hours la aa alghfhour day. Based on eha faee chat chare Is only n asbascos fiber la Thomnbestos, this threshold llalc v,,lue should not be diffl* cult to aalocals. Several basic praetlces era laporeane, such as good housekeeping eo tha extant of keeping floors, scaffolds, and surfaces clean; clean spillage; and use ressonabla care when handling aatarlal to avoid breakage and unnecessary generation of duse. Zf nechaalcal cutting or machining is required for fabricating aatarlal, duet collection cqulpacac should be Installed. 1 M-01664 L TTfleAt #i. Xxeepe In excranely unusual etreumseanees where the threshold lisle value cannoe be aeincained, the wearing of respiratory equipment would noe be required. Johns-Hanville, Ilka othar manufacturers of eharaal lneulaelon caearlale, la prasencly davaloping an insulating notarial with no aabaatoa flbar. lafora wa aarkac luch a produce, va suae ba aaaurad that tha substitute saeariala da noe praaane a poeanelal health hatard aora aarloua than our 71 aabaatoa flbar`containing Tharaobeatoa. Recently In a praaancaeloo to tha Rational Insulation Contreeeora Association, X racocaended ehae bafora aubaeltuea aatarlala era utdd, they suae ba thoroughly analysed and extensive toxl* cologleal evaluations side. Unl-ia ehla la dona, tha unanti cipated health problaas craaead eould ba crlelcal. If you have any questions concerning tha use of our insula* tloa produces related eo health problecsa, or if X can ba of further assistance, plaasa call aa and wa can discuss tha aaeeor further. X as enclosing a booklet which wo davalopad through tha National Insulation Manufacturers Association regarding "Recoaoendad Health Safety Praeelcaa for Handling and Applying thermal lneulaelon Produces Containing Aabaatoa" 7ary truly /ours. M-01665 A # .imwfc tfTTtt 2 Dear Custoaar: Tour eonpany'a recant decision eo alinlnaee eh* use of asbestos* bearing Inaolaelon in you* plane* la understandable, especially with eh* raeane adverse public ley conn ac cad with aabaaco*. V* oaeurally share your concern for eh* haaleh and aafoey of your anploy its, but ellalneeloa of aabaaeoo will noc by leaolf solve all of your problans. Baaed on eh* bear lnfocnaelon w* ean obtain, OSIU rafulaeion* nvw p*realnlsg eo aaboaeoa will soon lnclud* other aaearlals, such aa load, alllcac*, olneral fibers, ate. This naans ehae aonltorlng and anploy** physicals will hv* to be perforned where such products ara used. Sn our experience with other planes, such as yours, v* find you already have uenleorlnt progress, safety prograaa, and anploy** haaleh axralnaelons, and ne new expense should occur because of OSSA regulations. Thar* la no doube ehae asbestos fiber la dlfflcule to raplaea and still obtain a produce ehae has tho stability, casparatura lisle, physical acerlbut.a, see. needed Is Insulation. A substitute produce will sera eonprnut .tag or lowering your standards. Tresisesc nodical auehorlelas haw* found that asbestos health problcns arc alnosc always associated wleh people who saoka cigaracees. tl1staaring snoklng will allnlnaea asbescos health problass. % Tour planes are already following good heusakeoslng pracclcas and work procedures (using respirators, ventilation a^ulpuene, dust collectors) la other phases of your operation, rad these are tneorporatod la your Insulation naistanaac* work. These practices insure dust counts, except under axtrana conditions, eo be well under 09U llntes. Present day lnsulaelon, such as Johns-Manvilla Thernobaseos, contains leas then 71 asbaaeos fiber, and Installation can be nade well within OSSA dust lUlta. M-01666 a rrncAi irrm 2. Sliainating asbestos-bearing products today will not rallovc you of your OSHA rospoosibilicy, even though your prosone policy dots Involve oonlcoring or physical exaainatiuua. for years, you have been using produces with frees 141 to 901 asbestos fiber. During raeodaling, turnaround, see., yea will have this exposure, and have to coaply with OSHA. The Insulation Xndusery is endeavoring to produce an asbestos-free product. In liaised supply, seae are already on the earkac. Complete conversion will noe be coapleced until Into 1973.- In *.he seen tine, there is really no aoro need to elialnata asbeseos-bearing aaterial tbaa there it to eliainato autoaoMloo, cigarettes, liquor, ate. because of health probleaa. Vo would hope you agroo with those irrefutable facta aod permit high quality insulation with a saall percentage of asbestos fibers to bo supplied to your plant until such tiaa as the Industry can adequately aeot the needs with an asbestos-free r.oduct. The Insulation Xndusery needs your understanding and cooperation during this conversion period. Tours very truly. 1 > M-01667 Dut Customer: #3 ASSESTOS-THEC IKSUtATlOW As as lafoitut of American Isfuiciy, you ui woll nuti of the ioptet of OSKA on ebo overall Ufeiultl sa4 contracting groups. Our ovoroll problems with asbestos bovo boos blows out of proportion. Your decision to olloiaoeo asbestos-bearing produces la disappointing, and lncorforoa with as orderly craaaition In the industry eo soot coaplianeo of 03HA rofulacioas for all produces, including silica, load, arc., ate. first of all, if our axporioaea caa bo cossidorod typical, wo find a plant such as yours will havo no station or locations whara tbs asbestos fiber count oaeaods 2.0 fibers, rosuiting from lnaulaclon natarials, which is wall below ebo five fiber TVt. Zn all probability, your plant avaraga is probably uadar 1.0 In ebo application, caarlng off, or in your fab shop. "Swuwind," "upwind," os at ebo point of application oakaa llctls difference using a product such as Thermobescoa wteh lass ehan 7X aabaacos fiber concent. Secondly, since >oe havo thousands of dollars of Thersobeatoa material already la placa, say tsar-off or revaop Job will have to semply with OdIA. As X poiaead out previously, our axperlsneo and dust couae studios rovoal you should have no problsn complying with OSKA. Eltninatlag ebo usa of Tharaoboscos today will noe solve this problea. Thirdly, wo da hsva ebo first stags of our pilot manufacturing unie in production making Thamo-12 at Manvilla, Jersey. We are test marketing it in ebo Eastern market until wo era sura ie is of the quality and uniformity that customers normally sxpace of Johns-Manvilla product. Via could not ship enough to the Souchvesc to do anyone any good. We will have sufficient production available for ebo Souebwesc by the Second Quarter of 1973. This is our first major production goal - furnishing the Southwest. -1- M-01668 TYTTCAL LETTS* We 4a appreciate year bueineaa, and we need to keep It In the fueure. We have taken longer to reaolve the aabestoa problen, endeavoring to cone up with a better, aore efficient produce. We think we have, and we can only aak you to give ua a little sore cine to complete the production facilitiea needed to aaka Theme-12. Toura very truly. I 1 Ti-------------- :-------------- M-01669 4. Re-emphasis of Certain Aspects of The Wage 4 Hour Laws In Light of The OSHA Act. 5. Respirators 6. Safety Glasses 4 Shoes 7. Back-up Warning Signals For Vehicles 8. Posting of Law In Tool Boxes 9. OSHA Forms Attached To Work Orders 10. Record Keeping 11. Accounting Charge Numbers 12. Accounting of Expendable Supplies 13. B N A Occupational Safety 4 Health Reporter 14. New Style First Aid Kits 15. Selection of a Consulting Physician and Safety Equipment Consultant. The first item listed, a program of memorandums was part of our educational effort to acquaint Thorpe personnel with various parts of the law effecting their normal duties. These were numbered as transmittals and issued on a time basis, particularly those affecting field superintendents or on an as needed basis. We have furnished you with copies of all of these transmittals if you have not previously received them. In addition, you will find there is - 5- 4 an index showing the employee and office and the transmittals each has received. These are shown as Exhibit I. On June 23, 1972 we held our annual Supervisors Meeting at the Hotel Sonesta in Houston. This is ordinarily a meeting confined to field and office supervisory personnel. However, this year the meeting was expanded to include certain other employees, particularly warehouse personnel who are daily involved with re quirements of the OSHA Act. The main thrust of the meeting this year was concerning the OSHA Act and a substantial portion of the program was handled by our workmen's compensation carrier. Liberty Mutual Insurance Company. A copy of the announcement of this meeting and the agenda is included as Exhibit II. We conducted a review of our warehouse facilities in Houston accompanied by Liberty Mutual industrial hygiene experts and their loss prevention personnel to determine potential violations of the OSHA Act. Subsequent to this, OSHA Transmittal #23 from our program of memorandums was sent out to all Warehouse Supervisors asking them to check specific portions of our warehouses for detailed compliance with the Act. As an outgrowth of these inspections, we have prepared certain engineering drawings for new steel stairways and platforms and will shortly be installing these along with modi- ficatlons to handrails and other items. As is usual on many electrical circuit breaker boxes, some of ours were taped to avoid being turned off at the end of the day and taping of these circuit breakers was noted as a violation of the law since it prohibits the circuit breakers from performing their normal function. Gasoline pump areas were equipped with danger signs, and numerous other improvements or changes have already been accomplished. These changes and potential violations were dis cussed in detail in the Minutes of the Fifteenth Meeting of The Operating Committee, dated March 28, 1972. With the increased emphasis on safety and the requirements of the OSHA Law, Thorpe's Houston Manager of Construction attended a Wage & Hour Law Seminar sponsored by the A.G.C. & Department of Labor and issued a memorandum to field superintendents on July 18, 1972, which is self-explanatory. A copy of this memorandum is attached as Exhibit III. An investigation was made of the type dust and material particles our employees would likely be subjected to inhaling and a new type respirator was purchased for these environments. Details of this respirator. Safeline 5441, are given on data sheets attached as Exhibit IV. We instituted as Thorpe Company policy, the wearing of safety toed shoes and safety glasses effective April 28, 1972. This was outlined in OSHA Transmittal #4 and also #5 in our program of memorandums. Further, we made arrangements with a safety shoe distributor here in Houston to visit our jobs and provide a convenient means for employees to purchase safety shoes. We set-up a continuing program with Texas State Optical Company to provide permanent Thorpe field employees with safety glasses at company expense. Exhibit V is an example of the authorization form given to employees by Thorpe superintendents. One of the hazards in construction is vehicles backing over employees accidentally on jobsites. We have tested a back-up device on one of our large contract department trucks, and this appears to be a satisfactory mechanical means of providing a warning when the truck is backing. We have decided that vehicles such as our large jobsite forklifts would not require this since visibility is almost complete from the forklifts while backing, and where a continual backing situation persists during the day, this could be a considerable employee irritant. In the very near future, all of our contract delivery trucks will be equipped with these back-up warning devices. -8- *4 One of the requirements of the OSHA Act is posting of the most pertinent facts of the law regarding inspections and violations. We have had this wording prepared on permanent type posters and attached them to the inside lid of all Thorpe tool boxes. Since many of our jobs are small and do not have permanent type bulletin boards, we felt this would be the most satisfactory means of complying with the law. Normally during fair weather, the tool box lids remain open during the day and all employees should have ample opportunity to become aware of the features of the law. As discussed, OSHA Form 100 is attached to the Work Order on sig nificant jobs with the customer's name, the job location, etc., filled in for the superintendent. A sample from a recent work order is attached as Exhibit VI. On smaller jobs, all superintendents have earlier been given a folder in which to keep their OSHA transmittals and in the back is a pocket with a supply of OSHA Forms they can fill in as required. Record keeping as required by the law is outlined in Transmittal #1, #2, and 3 in our program of memorandums. We anticipate significant expenditures in the future to comply with the law and have asked our Accounting Department to assign charge -9- 44 numbers for certain categories of anticipated expenditures. These are as outlined on an interoffice memo, a copy of which is attached and enclosed as Exhibit VII. In the past, we have charged tool repairs and expendable items used in our contract operations to what we refer to as a 250 account. With the advent of the OSHA Law, we can anticipate personnel safety equipment and other expendable costs increasing rather dramatically. Accordingly, we have set up a new account for these items and now call this a 251 account. All items purchased for this purpose are as listed on the attached list shown as Exhibit VIII. Mentioned earlier was the difficulty encountered by`small and medium companies in keeping abreast of the law. To assist us in this end we have subscribed to the B N A Occupational Safety & Health Reporter. This will be available and exhibited to you during your current meetings. One of the requirements of the law is that firstaid kits be equipped with individually packaged supplies, that once opened are not re-used. Accordingly, we have investigated this requirement and have now standardized on the Medical Supply Company kit which will also be - 10 - 4J available for your inspection during these meetings. This firstaid kit has received the approval of our Consulting Physician. In investigating many of these new products and complying with the health requirements of the law, we have found thus far, that the services of a physician and a good personnel safety equipment company is essential. We anticipate continuing the use of these expert services. IV. Additional Work To Be Done To Fully Implement The Terms of The OSHA Act In Thorpe Operations. Much remains yet to be done to place our company in full compliance with the OSHA Act. With regard to field operations, both our refractory and insulators will continue to be exposed to asbestos dust in the years to come on maintenance work. To this end, we will necessarily have to develop a testing program for measuring dust concentrations and a procedure for complying with the new regulations regarding medical examinations. Since this will be effective in January, 1973, this program will be developed in December of this year. Further, the National Institute of Occupational Safety & Health (NIOSH) will be continually formulating new standards. One of these looming significantly on the horizon is the heat exposure 8 - 11 - *4 standards. This could have a significant effect on our operations and is being studied by us. Preliminary plans have been made for a supervisors meeting for the Thorpe Insulation Company personnel in Corpus Christi. This upcoming supervisors meeting, which we anticipate holding in the early part of the first quarter of 1973, will follow a similar format to that held in Houston in June of this year. Attached as Exhibit IX is a copy of a recent publication of the Research Institute Service to which we subscribe. It outlines the 25 most common violations of the OSHA Act drawing citations. Almost without exception* these have been covered in our program of memo randums and was part of the aim of thati program. 1973 will be see a significant effort on our part to review and keep uppermost in our superintendent's mind the ne*d to comply with the law and avoid violating these portions of the Act. As always, we will necessarily keep a close eye on the cost of complying with the new law, and may find it necessary in the future to charge a fee such as a percent of labor or some other charge to account for increasing costs on work performed for customers, partic ularly on cost plus work. - 12 - Since it has always been Thorpe's policy to work safely, many of the features of the new law merely constitutes "fine tuning" of our safety program. Other facets of the law signify a significant change in past practices. To this end, we plan to re-write our standard company safety rules and distribute them to our field forces. We also anticipate the need to develop some sort of continuing education program for our field personnel to enable them to work not only safely but in compliance with the law. - 13 - 4 PROGRESS REPORT IMPLEMENTATION-OF 1971 FEOERAL OCCUPATIONAL SAFETY & HEALTH ACT IN J T THORPE COMPANY CONTRACT OPERATIONS NOVEMBER, 1972 I. Major Areas of Impact Physical Facilities Jobsite Practices Field Labor Productivity Contract Profitability & Estimating Procedures Type of Work & Materials Used As you are aware, OSHA announced two programs at the outset, a target industries program and a target health hazards program. The target industries program was to concern itself with the five top injury prone industries; longshoring, roofing and sheetmetal, meat and wood products, lumber and wood products, and miscellaneous transportation equipment. We, of course, perform sheetmetal work although probably not in the sense that OSHA was zeroing in on. Their target health hazards program included lead, carbon monoxide, silica, asbestos and cotton dust. We, of course, are very much involved in the asbestos problem as has previously been outlined to you Mr. M. P. Proctor in his compliance procedures for Thorpe Products Company. In addition, certain of our operations put us in direct contact with the silica health hazard. In the very near future, we will be developing a detailed program to combat these latter two hazards in our field operations on a broad scale. We also anticipate the construction industry will become one of OSHA'S prime targets in the very near future. { The potential impact of the law is so great, it is difficult or nearly impossible to instantaneously implement all aspects - of the law. Accordingly, our approach has been to make a beginning on a broad basis, correct immediate and obvious violations of the Act, undertake an educational program for our employees, and develop a plan for the longrange. Mentioned above were five areas of our activities where we anticipate significant change or effects due to the new Law. t Physical facilities are the most obvious and the most easily inspected, and certain efforts and expenditures have been and will be undertaken to bring our warehouses and offices into compliance with the Law. As time progresses, and the Act becomes fully implemented in the construction industry, certain practices that have prevailed in the past on construction jobs will no longer be permitted, as indeed some of our past practices have already been changed or prohibited. Hand-in-hand with this implementation of the Law, will be a potential affect on field labor productivity. In some instances, productivity may actually increase due to im proved working conditions. However, the effort and expense required to bring about this condition may adversely affect contract profit ability. To account for this eventuality, we will need to maintain a close watch over contract costs and possibly modify our estimating -2- Procedures to account for this impact. You are certainly aware of the asbestos problem, and thus the materials we use in our work ~ will be affected, and we may even need to reconsider the types of work we are now engaged in. On the brighter side of this picture, we feel companies such as Thorpe that are intending fully to comply with the law and are cognizant of its requirements, will have their services in greater demand in the coming years. II. Overall Plan For Implementation Of The Law In Thorpe Contract % Operations. Our plan to implement compliance can be simply stated: Comply with the Law in all aspects. However, as mentioned previously, the scope of the law is so broad and its effects so far reaching, that it is, virtually impossible for a company of our size to effect overnight tGtal compliance. Accordingly, we have pursued a rather informal plan thus far which has consisted of taking the immediate necessary steps to bring about compliance in our operations, partic ularly in areas that have been well publicized and are the. more obvious items. For the longer range, we are beginning to develop specific policies in certain areas such as environmental testing, personnel training, and facilities modifications. Also required will be reminders of the importance of certain items which need to be followed-on a day-to-day basis, and tend to be forgotten with the passage of time. As we continue to approach complete compliance -3- t with the existing law, we will also need to implement the new standards as promulgated by the Federal Government and State " Agencies. One of the most publicized problems with the new law has been the difficulty of small companies, and companies the size of Thorpe to familiarize themselves with the many facets of the law and bring about compliance. We feel this is a very real problem and have exerted considerable effort toward this end. Where the % real problem exists in our organization to a greater degree is in our branch office locations and subsidiary company locations. To combat this problem, we will endeavor to keep the supervisory personnel In those locations abreast of new developments and policies as they are available. III. Actions Taken To Date To Bring About Compliance With The Law This section of our report will consist of a listing of most of the more significant things done thus far, with a following elaboration on certain items and examples. 1. Program of Memorandums 2. Supervisors Meeting 3. Review of physical facilities -4 - 4. Re-emphasis of Certain Aspects of The Wage 4 Hour Laws In Light of The OSHA Act. 5. Respirators .6 Safety Glasses & Shoes 7. Back-up Warning Signals For Vehicles .8 Posting of Law In Tool Boxes 9. OSHA Forms Attached To Work Orders .10 Record Keeping n. Accounting Charge Numbers .12 Accounting of Expendable Supplies 13. B N A Occupational Safety 4 Health Reporter 14. New Style First Aid Kits 15. Selection of a Consulting Physician and Safety Equipment Consultant. The first item listed, a program of memorandums was part of our educational effort to acquaint Thorpe personnel with various parts of the law effecting their normal duties. These were numbered as transmittals and issued on a time basis, particularly those affecting field superintendents or on an as needed basis. We have furnished you with copies of all of these transmittals if you have not previously received them. In addition, you will find there is an index showing the employee and office and the transmittals each has received. These are shown as Exhibit I. Oh June 23, 1972 we held our annual Supervisors Meeting at the Hotel Sonesta in Houston. This is ordinarily a meeting confined to field and office supervisory personnel. However, this year the meeting was expanded to include certain other employees, particularly warehouse personnel who are daily involved with re quirements of the OSHA Act. The main thrust of the meeting this year was concerning the OSHA Act and a substantial portion of the program was handled by our workmen's compensation carrier. Liberty Mutual Insurance Company. A copy of the announcement of this meeting and the agenda is included as Exhibit II. We conducted a review of our warehouse facilities in Houston accompanied by Liberty Mutual industrial hygiene experts and their loss prevention personnel to determine potential violations of the OSHA Act. Subsequent to this, OSHA Transmittal #23 from our program of memorandums was sent out to all Warehouse Supervisors asking them to check specific portions of our warehouses for detailed compliance with the Act. - As an outgrowth of these inspections, we have prepared certain engineering drawings for new steel stairways and platforms and will shortly be installing these along with modi- -6- fi cations to handrails and other items. As is usual on many electrical circuit breaker boxes, some of ours were taped to - avoid being turned off at the end of the day and taping of these circuit breakers was noted as a violation of the law since it prohibits the circuit breakers from performing their normal function. Gasoline pump areas were equipped with danger signs, and numerous other improvements or changes have already been accomplished. These changes and potential violations were dis cussed in detail in the Minutes of the Fifteenth Meeting of The Operating Committee, dated March 28, 1972. With the increased emphasis on safety and the requirements of the OSHA Law, Thorpe's Houston Manager of Construction attended a Wage & Hour Law Seminar sponsored by the A.G.C. & Department of Labor and Issued a memorandum to field superintendents on July 18, 1972, which is self-explanatory. A copy of this memorandum is attached as Exhibit III. An investigation was made of the type dust and material particles our employees would likely be subjected to inhaling and a new type respirator was purchased for these environments. Details of this respirator. Safeline 5441, are given on data sheets attached as Exhibit IV. -7 - We instituted as Thorpe Company policy, the wearing of safety toed shoes and safety glasses effective April 28, 1972. This was outlined in OSHA Transmittal #4 and also #5 in our program of memorandums. Further, we made arrangements with a safety shoe distributor here in Houston to visit our jobs and provide a convenient means for employees to purchase safety shoes. We set-up a continuing program with Texas State Optical Company to provide permanent Thorpe field employees with safety glasses at company expense. Exhibit V is an example of the authorization form given to employees by Thorpe superintendents. One of the hazards in construction is vehicles backing over employees accidentally on jobsites. We have tested a back-up device on one of our large contract department trucks, and this appears to be a satisfactory mechanical means of providing a warning when the truck is backing. We have decided that vehicles such as our large jobsite forklifts would not require this since visibility is almost complete from the forklifts while backing, and where a continual backing situation persists during the day, this could be a considerable employee irritant. In the very near future, all of our contract delivery trucks will be equipped with these back-up warning devices. One of the requirements of the OSHA Act is posting of the most pertinent facts of the law regarding inspections and violations. We have had this wording prepared on permanent type posters and attached them to the inside lid of all Thorpe tool boxes. Since many of our jobs are small and do not have permanent type bulletin boards, we felt this would be the most satisfactory means of complying with the law. Normally during fair weather, the tool box lids remain \ open during the day and all employees should have ample opportunity to become aware of the features of the law. As discussed, OSHA Form 100 is attached to the Work Order on sig nificant jobs with the customer's name, the job location, etc., filled in for the superintendent. A sample from a recent work order 'is attached as Exhibit VI. On smaller jobs, all superintendents have earlier been given a folder in which to keep their OSHA transmittals and in the back is a pocket with a supply of OSHA Forms they can fill in as required. Record keeping as required by the law is outlined in Transmittal #1, #2, and ?3 in our program of memorandums. We anticipate significant expenditures in the future to comply v/ith the law and have asked our Accounting Department to assign charge -9- numbers for certain categories of anticipated expenditures. These are as outlined on an interoffice memo, a copy of which is attached and enclosed as Exhibit VII. In the past, we have charged tool repairs and expendable items used in our contract operations to what we refer to as a 250 account. With the advent of the OSHA Law, we can anticipate personnel safety equipment and other expendable costs increasing rather dramatically. Accordingly, we have set up a new account for these items and now call this a 251 account. All items purchased for this purpose are as listed on the attached list shown as Exhibit VIII. Mentioned earlier was the difficulty encountered by`small and medium companies in keeping abreast of the law. To assist us in this end we have subscribed to the B N A Occupational Safety & Health Reporter. This will be available and exhibited to you during your current meetings. One of the requirements of the law is that firstaid kits be equipped with individually packaged supplies, that once opened are not re-used. Accordingly, we have investigated this requirement and have now standardized on the Medical Supply Company kit which will also be - 10 - available for your inspection during these meetings. This firstaid kit has received the approval of our Consulting Physician. In investigating many of these new products and complying with the health requirements of the law, we have found thus far, that the services of a physician and a good personnel safety equipment company is essential. We anticipate continuing the use of these expert services. IV. Additional Work To Be Done To Fully Implement The Terms of The OSHA Act In Thorpe Operations. Much remains yet to be done to place our company in full compliance with the OSHA Act. With regard to field operations, both our refractory and insulators will continue to be exposed to asbestos dust in the years to come on maintenance work. To this end, we will necessarily have to develop a testing program for measuring dust concentrations and a procedure for complying with the new regulations regarding medical examinations. Since this will be effective in January, 1973, this program will be developed in December of this year. Further, the National Institute of Occupational Safety & Health (NIOSH) will be continually formulating new standards. One of these looming significantly on the horizon is the heat exposure - 11 - standards. This could have a significant effect on our operations and is being studied by us. Preliminary plans have been made for a supervisors meeting for the Thorpe Insulation Company personnel in Corpus Christi. This upcoming supervisors meeting, which we anticipate holding in the early part of the first quarter of 1973, will follow a similar format to that held in Houston in June of this year. Attached as Exhibit IX is a copy of a recent publication of the Research Institute Service to which we subscribe. It outlines the 25 most common violations of the OSHA Act drawing citations. Almost without exception, these have been covered in our program of memo randums and was part of the aim of thatiprogram. 1973 will be see a significant effort on our part to review and keep uppermost in our superintendent's mind the ne<*d to comply with the law and avoid violating these portions of the Act. As always, we will necessarily keep a close eye on the cost of complying with the new lav/, and may find it necessary in the future to charge a fee such as a percent of labor or some other charge to account for increasing costs on work performed for customers, partic ularly on cost plus work. - 12 - Since it has always been Thorpe's policy to work safely, many of the features of the new law merely constitutes "fine tuning" of our safety program. Other facets of the law signify a significant change in past practices. To this end, we plan to re-write our Standard company safety rules and distribute them to our field forces. Vie also anticipate the need to develop some sort of continuing education program for our field personnel to enable them to work not only safely but in compliance with the law. - 13 - EXHIBIT "K" oui<yu< tuiiyuj.kt'UKiujiv land through systems end services that help oonfrof poEufioa January 23, 1973 Mr. Mai Proctor Thorpa Products Company P.0. Box 33399 Houston, TX 77033 Daar Mr. Proctort i n w < JAff 29 fCJ TN IP WAI WNC LAIC [Oil -- JAW MAS | JOI XX JOB I'iowtcT CINftAL flUS Ob Dacnbar 27, 1972, six of tha eight samplas forwarded to us for analysis wars avaluatad for possibla asbastos fibar contant. As indicatad to you by Mr. Danny Christansan, chiaf Industrial Hygienist, Swple #7 could not ba analyzad bacausa tha filtar and support pad had baan ravarsad for sampling and Sampla f 8 was too haavily loadad, possibly duo to tha langthy sampling tisM. $ * Samplas #1 - #8 wars analyzad by Phasa Contrast Microscopy using 430X magnification as prescribed by tha Occupational Safety and Health Administration Standards. Dm results of tha samplas analysed are as follows Station Mo. location a ints Hazard (P/cc) (P/cc) Result TLV 1 Mechanic - Thermo Plttings - Asbastos 0.6 S.O Preston Holloway Cutting Thermobestos for fittings. 8-hour sampla - 12-11-72 2 Assistant Shipping Clark - asbestos 0.4 5.0 Cordon Praziar Shipping and receiving. 8-hbur sample - 12-15-72 3 truck Driver - Ellis Burton Asbastos 0.5 S.O Pick up and delivery. Onloadiag 1352 cement car. 8-hour sample - 12-19-72 : Mt:vau i*vi6Mcnm coMTiioi serein wvitJO* cmcmwoos maia. bcnvm coioaaoo mtT no-ios* f 1. ' * * * * .* ...w-*. > - *r-ey1 : .'* Mr. Mai Proctor January 23, 1973 Paga 2 .* * Station No. Location 6 Coctnents * . Hazard - . *. (P/cc) Result .* * tP/cc) ' TLV . 4 Shipping Clark - Anthony Joseoh Asbestos :.0>< Shipping and"receiving.Unloading thermobestos car/ 5*i-hour sample - 12-18-72 0.3 5.0 5 Warehouse Superintendent Ployd Cryar Shipping and receiving. 6-hour saaple - 12-17-72 . 6 Shop Machine Operator 1111 Woods Cutting polyurethane. 6-hour sample - 12-13-72 Asbestos 0.1 5.0 Asbestos 0.1 5.0 ..V .* ' A. V.-.' .'O' s * "r . ' If you should have- Any questions 'regarding the survey results, please do not hesitate to contact Mr. Christensen,'(312)- 623-2900, or myself, (307) 770-1000. V* ^Vwe*y:iruJ&rf;:yipurs> ' l*.v:;:**i* ***< J. D. Garber, Manager Tndnatrf al Epgiene Engineering Services *V .'V. h,<* * f'a;1 * * r *':<t*%/**t- / *. . . v .. , ;f * <?* ^ ,. / ,V V < . W > '% f # * I- r-:?' lil / et* . Ve* ' .ft * EXHIBIT "L" w. LZr9AHl iHSLtRgJS "piauxr Incurs imrciA Wacortd MOWICI Atn**an Mcwm A/r*rKn MfCQT* AfPMon woanoi 'AmcncMiMctanoi j AnwKOO Mount! iA/tupcoaMcmUI ' St MuPtoi Mum# isiPtunaiiMM SiPciCVvt Mom SlPiancI l*mc stPtu pro Homo SlPNFIriaMfM * PM PHI NUTWO APMPhiMn SVPMlPIcA MU* RPOuiPHftMM StHiMomCi HPUMmmCi FIMWCKMI ^urtwCrCMi FMcmmcCo-Ocii* !v'9m IftoCfrCTcrtO {vtgmifiiCfrcnuift !ViQ4tW0ffO>l vtf** incCfOuO# | VlgiM Im C^Olul9 | VlftfWI im c^chutfc v*9*mncCc-OM69 'vigiiMlnoCtCNtl . 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Co. 4/1/79 4/1/60 5513925 5,000 xa 10,000 5,000 xa 10.000 | Ffrat State fnurarce Co 4/1/60 7/1/61 944916 10,000x8 Prim 10.000 xe Rim . Pine Top Ina Co 4/1/60 7/1/61 MLP 10-20-79 10.000xa10.000 10.000X810,000' Republic Ina Co 7/1/61 7/1/62 COU6SOO 10,000X8 Rim laOOOxaRlm gOkl Republic Ina Co 7/1/61 7/1/62 OZX 11251 10.000*810,000 10,000*810,000 Republic Ina Co 7/1/62 7/1/63 CDU 10521 110.000 xa Prim 10,000 xaPrlm Twin CRy Fra tna Co 7/1/62 7/1/83 TXS100S85 10.000X810,000 10.000xa10.000j (Centaw InaCo 7/1/62 7/1/65 CML 10 0606 20.000*820,000 20.000xa20.000 'RopubAc InaCo 7/1/M 7/1/64 COU 13547 10,000 xa Prim 10,000 xa Rim ] Cental* InaCo 7/1/65 7/1/64 eindar *5412 25.000X810,000 26.000x810,0001 Gibraltar Coauatty Co 7/1/65 7/1/64 GMX 05646 10 pert 0/ 16xe3S hO part of iSxsQS Waetarn Empioyere me Co 7/1/81 7/1/64 Binder *5422 Spartof I9xa36 5 p1 of 19x836 ` Republic ina Co 7/1/64 7/1/85 COU 16651 laOOOxePrim 10,000 xe Rim 1 HigNande ina Co 7/1/64 7/1/65 SR N0.51117 10.000X810.000 I0.000xai0.0001 Waetarn Emptoyere Ina Co 7/1/64 7/1/65 EX 10-0754-15007 6.000 xa 2*000 9.000 xe 20,000 Landmark Ina Co 7/1/64 7/1/65 FS 4009036 2part el 9xa25 2 pert of 9xa26 j Forum Ina Co 7/1/64 7/1/65 FF-300600 3partof f*a29 3 pert of 9xe25 ' TwrfnChyFrelne Co 7/1/64 7/1/65 TXS 101714 9.000 xa 30,000 9.000 xe 30,000 j PkatSMemeCo 7/1/65 7/1/65 UL 000568 9.000X8 Rim 5.000x8 Rim : EmptoyeraCamaltyCo 7/1/66 7/1/67 EXL A 562177 NA 900/OCC 500/eg Stonewall Ina Comparxee 7/1/65 7/1/67 6600 3777 5.000x8 Rim ` 5,000xa Prim 1 Employera Casualty Co 7/1/57 7/1 /65 EXLB 562677 NA 100/oce SOO/eg i Stonewall Ina Co 7/1/87 7/1/66 5000 4766 l,oooxa Rtm 9 OOOxe Rim Columbia Casualty (CNA) 7/1/66 6/11/66 UMft 160 3201 $.000x8 Rim 9,000 xe Rim Nart Union Fire me Co 6/11/65 8/15/90 5.000 xa Rim 9.000xe Rtm th above Iamuet Policy Hat rapraaonta cha fact aaouata of tha pollciaa and doaa aot purport to represent whether eoverafe la applicabla or: available to aaelafy tha clalaa aaaarcad by any party agalnac tha dafandaat. . J T THORPE COMP AMY INSURERS "KCMS" -- ,, -- - ! American Fidsity CssuMty ln 1/1/12 ! 1/1/88 410076 j | Harbor irauenceC I 1/1/84 | 8/23/88 1 100867 1 i Harbor InsmncsCo i 1/1/67 j 1/1/70 102148 Mission Ins Co | 1/1/70 , 1/1/73 M70290 | Umguard Ins Group 1 1/1/73 1 1/1/75 10434 | American Horn a Assurance C 6/6/74 6/5/75 CE 348 08 48 1 American Homs Assurance C 1/1/78 1 8/5/75 BE 3517672 l Amwcan Home Assurance C 6/9/78 1 1/1/76 86 3617672 {Fret State Ins Co 1/1/77 i 1/1/76 924242 ; Employers Nad Ins Corp 1/1/78 4/1/79 20013 i intsratata Fra A Casualty Co 1/1/78 4/1/78 1SB-CO 7399 I Holland American ina Co 1/1/78 4/1/79 H 48801 Fret State Ins Co 1/1/78 4/1/79 926083 I United State# FVe Ina Co 1/1/78 4/1/60 5220088411 Lexington ina. Co. 4/1/79 4/1/40 5613825 Frst State Insurance Co 4/1/60 7/1/41 944611 Pine Top Ina Co 4/1/60 7/1/41 MI.P 10-20*79 Republic Ina Co 7/1/#1 7/1/42 COU 8800 jow Republic In# Co 7/1/81 7/1/42 OZX 11231 ! Republic ina Co 7/1/82 7/1/43 CDU 10321 j Turin OtyFira Ina Co 7/1/82 7/1/83 TXS10CS44 'Centaur Ina Co 7/1/62 7/1/83 CMl 10 0808 1 a*puMc Ina Co 7/1/83 7/1/84 COU 13847 unfair Ina Co 7/1/83 7/1/84 Slndor 08412 1 GiferaMer Casualty Co 7/1/63 7/1/84 GMX 03848 ! WeeMm Employers ins Co 7/1/63 7/1/84 Bind* *8422 . Republic ins Co 7/1/84 7/1/88 COU 18833 Highland! ina Co 7/1/14 7/1/88 SR N0.S1117 Westvn Employers Ina Co 7/1/14 7/1/88 EX 10*079+18007 Lsndnart Ina Co 7/1/14 7/1/88 FS 4002038 Forum Ins Co 7/1/44 7/1/88 FP-300600 Turin Cfcy Firs Ina Co 7/1/44 7/1/88 TXS 103714 First Stats tna Co 7/1/48 7/1/88 Ul 000381 Employers Casualty Co 7/1/88 7/1/17 00. A 982177 NA Stonewall ina Companies 7/1/88 7/1/87 6400 3777 Employars Casualty Co 7/1/87 7/1/48 EXL B 882477 NA StonewaN Ina Co 7/1/87 7/1/48 8400 4718 Crumbs Casualty (CMA) 7/1/88 4/18/88 UMB180 3203 Nad Union Fro ino Co 4/11/88 8/18/90 j 1 000 xa Prim i ,000 xa Prim 4--sxsLsasiz-^ ii OOOxs Rm ' 1,000 xs Rim 2,000 xs Rim J2.OOOxs Prim 3.000 xsRrim 3,CC0xs Rnm J 3.000 xa Rim ! 3,000 xa Rim i 2,000 xa 3 000 ,2.000 xa 3,000 , 3,000 xa Rim 'O.OOOxaRm , i 5,000 xa Aim 5.000 Rm 1 j 5,000 xa 5.030 15,000 xs 5.000 1 1200 W 300 1200 xs 300 1.000 m 500 ! 1.900 xs buu 4,000 xa 1.000 jAOOOxa 1,000 , 9,000 xt 6,000 ,5,000X1 5.000 | 5,000 xa 6.000 1000 xs 5,000 , 5,000 xa 10,000 5,000 xa 10,000 1 10,000 xa Prim 10,000 xa Prim . lO.OOOxal 0,000 lO.OOOxal 0,000 10,000 xa Rim 10,000 xa Prim lO.OOOxal 0.000 lO.OOOxal 0.000 10.000 as Rim 10,000 xa Prim 10,000X610,000 Il0.000xs10.000i 20,000X120.000 20.OOOxa2Q.QCO 10,000 xa Prim 1C.000 xs Riffl ] 25.000X110,000 25.000xa10.000 ( 10 part el I8xs35! 10 part of iSxaOSi 9part of lSxa38 5 part on 5*e 36 1 10,000 xs Prim 10,OOOxs Prim 1 oo0O 1 o8 lO.OOOxal 0.000 8.000 xa 20,000 5.000 xs 20,000 ' apart of 5xa29 2 part of 5xa26 j 3partof fxa25 3partcfSxa25 ! 5.000 xa 30,000 1000 xs 30.000 { 1000 xa Wm 5.000 xs Mm . 900/oec 500/ag 8.000 xa Rim 5,000 xs Rim 1 100/QCC ISOO/ap l lOOOxa Pnm 5 000 xt R'lm 8,000 xa Rim 5,000 xs Rim SOOOxa Pnm 9,OOOxs Rim Th above Insurance Policy Hat rapraaanta the face aaouaca of the policies sad doaa aot purport to represent whether coverage la applicable or. available to satisfy tbs clalae asserted by any party against the defendant. . J T THORPE COMPANY INSURERS "Exass" Amorcan Fidotry Casualty Im i/i/62 ! 1/1/69 u'mh'. "r-w"rs 410076 j jl.OOOxaRm ii.COOxaRm {Harbor InauincsCo {Harbor inauranooCo 1 1/1/84 8/23/66 | 1/1/17 i 1/1/70 100667 | 102848 Ji.QCOaaRm n.OCOxa Rm 2000 Rm {2000xa Rm Million Ins Co 1/1/70 , 1/1/73 M7Q290 2000 xaRm 2000 xaRm J jUntguardlnaQroup 1/1/73 1 1/1/76 10434 2000 xs Rm ! 3.000 xa Rm 1 | Amsriean Homs Aaranc C i/6/74 ' 6/5/75 ce 348 08 66 2.000 *9 2000 .2.000 x9 2000 , Amarcan Homt Aaaurancs C 1/1/78 j S/5/75 BE 3517672 3,000 xaRim 12000x8 Rm , j Amarcv) HomsAssaancsC 6/9/78 1 1/1/78 BE 3817872 i 6.000 a Pnm : 5 000 as Rim 1 j First Stasa Ins Co 1/1/77 ! 1/1/76 934242 j 5.000 W 5030 15.000 x9 8,000 ' ; Employ*! Natl Ins Carp 1/1/78 4/1/79 20013 200 XS 300 1200 xa 300 t intsrsiatt Fra A Casualty Co 1/1/78 4/1/79 ISfcCO 7389 1 000 600 j 1.000 xa duu 1 Holland Amsncmn ins Co 1/1/78 4/1/79 H 88801 4.000 xs 1,000 {AOOOxsi.OOO , , Frit Stats ins Co 1/1/78 4/1/79 928083 8,000 M 6.000 loooxaiooo | ! Undid Statas Firs Ins Co 1/1/78 4/1/80 5220088411 6,000 XS 6,000 1000 xa 1000 , 1 Islington ins. Co. 4/1/78 4/1/80 5813925 5,000 xs 10,000 5.000 xs 10.000 j | First Stats Inau-tncs Co 4/1/60 7/1/61 944916 10,000x8 Prim 10,000 xs Prim , {Pino Top Ins Co 4/1/60 7/1/61 MLP 10-20-79 lO.OOOxal 0,000 lO.OOOxal 0,000 jPtpubttc ins Co 7/1/81 7/1/82 COU 8800 lO,OOOxs Rm 10,000x8 Prim lOMRapubUelna Co 7/1/11 7/1/82 OZX 11231 lO.OOOxal 0.000 10,000xs10.000 Rooubftc Ins Co 7/1/63 7/1/83 CDU 10321 i 10.000* Wm 10,000 xsRm jTMn City Firs !r Co 7/1/62 7/1/83 TXS10QSM 10.000XS10.000 10.000xs10.000 j Csntau' Ino Co 7/1/12 7/1/83 CMC 10 0908 20.000XS20.000 20.000xs20.000 'RapuMelntCo 7/1/M 7/1/84 COU 13947 10.000 xiWm 10,000 n Prim | Canta* Ins Co 7/1/83 7/1/84 Bind* *8412 29.000XS10,000 26.000xai 0,000 ( Qifersttar Casualty Co 7/1/83 7/1/84 GMX 03848 io part oM8*38 10 part oM$xa36| wostvn Employ*! ms Co 7/1/83 7/1/84 Bind* *8422 8ptrtoM538 8p4rtoMSxa38 1 ! Rapubile Ins Co 7/1/84 7/1/68 COU 18833 12000 xs Prim 10,000 x Prim 1 J Higrtands Ins Co 7/1/84 7/1/88 SR No.31117 10.000xs10.000 10.000X810.0001 1 Wssearn Employsra Ins Co 7/1/84 7/1/88 EX 10-0784-18007 8.000 xs 20000 5.000 xa 20.000 lan4nark Ins Co 7/1/84 7/1/88 FS 4002038 apanoisxtfs 2 pan of 5xa28 j Forum Ins Co 7/1/84 7/1/68 FP-300600 3partotfxa28 3panof6xa26 ! TwdnCttyFkolnsCo 7/1/44 7/1/68 TXS 103714 5.000 xs 30.000 1000 xa 30,000 j Fir* Swains Co 7/1/48 7/1/88 UC 000388 1000 xs Aim S.QOOxaRm : Employsra Casualty Co 7/1/88 7/1/17 BXLA 982877 NA 500/oce 500/ag StonawsH ins Companiss 7/1/88 7/1/87 6800 3777 8.000 xs Rim 5.000 xa Rm > Emptoysra Caaualty Co 7/1/87 7/1/88 EXLB 882877 NA 500/oce 500/ae I StonaamMlnsCo 7/1/87 7/1/88 8800 4788 loooxa Run S 000 xa Rm Coiumb* Caaualty (CNA) 7/1/88 8/18/88 UMB 180 3203 6.000xa Rm 5,000 xs Rm Nan Union Firs ins Co 8/11/68 8/16/90 lOOOxaRm 5,000 xaRm Th abovs Iasuraaes Policy list rapraaanta ehs fact aaounts of tha policial aad dot* aot purport to rapraasnt whsthar esfiri|t la spplicabla or-arailabla to aaelafy tha clalas aaaaread by any party agaloat tha dafandaat. . J T THORPE COMPANY INSURERS "EXCSSS" ; Amarcan Fioetty Caaualty In* 1/1/62 ; 1/1/65 a lav* I 410076 j ! Harbor Insurance Co | 1/1/64 | 6/23166 | 100667 | i Harbor insurance Co ; 1/1/67 j 1/1/70 102646 Miaaion Ins Co | 1/1/70 , 1/1/73 M7Q290 | Uniguard Ins Group 1/1/73 1 1/1/7S 10434 | Amarcan Homo Assurance C 6/6/74 < 6/5/75 CE 346 05 66 American Home Assurance C 1/1/76 , 6/5/75 36 3517672 l Amarean Home Assurance C 6/5/75 1 1/1/76 BE 3517672 j First State Ins Co 1/1/77 1/1/76 924242 ; Employers Natl InsCorp 1/1/78 4/1/79 20013 | interstate Fire A Casualty Co 1/1/76 4/1/79 1 Holland American ins Co 1/1/78 4/1/79 IShCO 7369 H 96601 .First Stats Ins Co 1/1/78 4/1/79 926063 Umted States Fra Ins Co 1/1/7* 4/1/60 5220066411 Lexington ins. Co. 4/1/7P 4/1/80 5813925 First Stats Inauaoca Co 4/1/60 7/1/61 944916 Pins Top Ins Co 4/1/80 7/1/61 MLP 10-20-79 Republic Ins Co 7/1/61 7/1/62 CDU 6500 | Old Republic Ins Co 7/1/II 7/1/62 OZX 11231 Republic Ins Co 7/1/62 7/1/63 CDU 10321 Twin CKy Firs Ins Co 7/1/62 7/1/63 TXS100S66 1 Centaur Ine Co 7/1/62 7/1/81 CMC 10 0606 1 Republic Ins Co 7/1/63 7/1/64 CDU 13947 .intaur Ins Co 7/1/63 7/1/64 Bindar 6412 Gibraltar Casualty Co 7/1/61 7/1/64 GMX 03646 wssMrn Employers ins Co 7/1/63 7/1/64 Binder *6422 Republic ine Co 7/1/84 7/1/69 CDU 11633 HigNands Ins Co 7/1/64 7/1/86 SR N0.51117 Wsstarn Employers Ins Co 7/1/64 7/1/66 EX 10*078+16007 lan*nerk Ins Co 7/1/64 7/1/68 FS 4002036 Forum ins Co 7/1/64 7/1/66 FF-30060Q 1 Turin Oty Firs Ins Co 7/1/84 7/1/66 TX3 103714 Fk* State ins Co 7/1/66 7/1/66 UL 000366 Employers Casualty Co 7/1/66 7/1/17 SXL A 562677 NA Stonewall ins Compentes 7/1/66 7/1/87 6600 3777 Empioysrs Caaualty Co 7/1/67 7/1/66 EXLB 562677 NA Stonewall Ins Co 7/1/67 7/1/66 6600 4766 Columbia Casualty (CNA) 7/1/66 6/18/89 UMB160 3203 NaTl Union Fra ins Co 6/18/68 6/15/90 SI" i .j-- jlOOOxaRim IVCOOxs Prim li.QOOxaRim ' i.OCOxs Rim '2,000xe Rim JlOOOxt Rim 3.000 xs Rim 3.000 xaRm 3.000 xs Rim J 3.000 xs Rim 2,000 xs 1.000 j 2.000 xa 3,000 3,000 xs Rim |3,OOOxaRtm i 5.000 xa Rim 5.000 *e Rim {5,000 xa 5.030 i 5.000 xs 5.000 200 xa 300 '200XS300 1.000 * GOO ! 1.000 xs buu 4,000 xs 1.000 j 4.000XS 1.000 5,000 XS 5.000 5.000X1 5.000 j 5,000 XS 6.000 1000 xa 5,000 , 5,000 xs 10,000 1000 xs 10.000 I 10,000 xs Prim lO.OOOxs Rim ; lO.OOOxal 0,000 lO.OOOxel 0.000 10,000 xs Pin 10.000 xs Prim ! 10.000xs10.000 io.oooxsio.oool i 10.000 xs Wm 10,000 xa Rim ! 10.000xs10.000 10.000xs10.000 j 20.000XS20.000 20.000xs20.000 10.000 xs prim 10,000 xs Rim j 25.000XS10,000 26,000x110,000 i 10 part si I8xsl5 10 pvt of 1$xs3Sj 9pvtaHSxsl8 SptNof 15xi38 10,000 xs Prim 10,000 xs Rim 1 lO.OOOxal 0.000 I0.000xsl0.000l 5.000 xs 20,000 1000 xs 20,000 ' aparlof 5xa29 2 part of 5xa25 j Ipartof 6xa25 3psnofSxa2S ; 5.000 xs 10,000 5,000 xa 30.000 | 1000 xs Wm 5.000 xs Rim : 500/occ 500/sg 8.000 xs Rim 5,000 xs Rim 1 500/occ 500/eg i lOOOxs Rim 5 000 xs Rim 5000 * Prim 5,000 xs Rim IQOOxs Pnm 5,000 x Rim Th above Insurance Policy list represents the fact Mounts of the policies aad doat aot purport to ropraoont whether coverage la applicablt or.availabla to aatlafy tha clalaa aaaaread by any party agalnet tha dafaodant. EXHIBIT "M" Telephone (713) 644-1247 Thorpe Corporation P. 0. Box 330403 Houston, Texas 77233 Fax (713) 649-6240 FROM R ANowland TO: Latisa DATE: July 20 1998 SUBJECT: Officers & Directors My records reflect the following officers for Thorpe Corporation, subsidiaries and affiliates. Thorpe Corporation G W Scott President & ChiefExecutive Officer Director R ANowland Executive Vice President, Chief Financial Officer St Trea*urer Director MAHounsel Vice President ofProduct Engineering & Development Director J M Wilson Director J E Leavesley Director Thorpe Products Company G W Scott Chairman, CEO & President R A Nowiand Treasurer J M Wilson Secretary G W Musick Assistant Secretary M A Hounsel Director Director Director Director J T Thorpe Company G W Scott Chairman, President & ChiefExecutive Officer R A Nowiand Vice President & Secretary J C Schultz Vice President R H Buck Vice President Vacant Treasurer Director Director Director Director Leacon - Sunbelt, Inc. J E Leavesley Chairman, COO & President J M Wilson Secretary R A Nowiand Thorpe Insulation Services Company G W Scott Chairman, CEO & President Dan Hausam Vice President &Secretary R H Buck Director Director Director Director Director Director EXHIBIT "O" S/ZT Johns-Manville Sales Corporation Kan-Caryi Ranch Danvar. Colorado 80217 (303)979-1000 July 26, 1977 . *1 Gentlemen: Subject: TOXIC SUBSTANCES CONTROL ACT JOHNS-MANVILLE ASBESTOS FIBER Proposed rules under the new Toxic Substances Control Act will require all manufacturers and processors of a chemical substance after January 1, 1977 to report such substance to the EPA. For your information, asbestos is one of the minerals listed in Appendix A of the Candidate List and published in the Federal Register, Volume 42, NO. 70 of Tuesday, April 12, 1977. Paragraph 710.5 of the General Provisions and Inventory Reporting Requirements of the Toxic Substances Control Act as published in the Federal Register, Volume 42, No. 46 of Wednesday, March 9, 1977 states in sub-paragraph (a) (5) "Any mineral specifically designated in Appendix A of the Candidate List need not be reported as it will automatically be included in the inventory". You may also require the following information on asbestos for your records. ASBESTOS FIBER - CHRYSOTILE CAS (Chemical Abstract Services) Registry number - 1332-21-4. EPA Code Designation - A152-4672. If we can be of further assistance, please do not hesitate to contact us. Very truly yours, .) . ,, . l {t / / \j. . i . \' M'i/ * James F. Reis Market Manager Asbestos Fiber JFR:mh EXHIBIT "P" Iffil Johns-Manville Sales Corporation Kan-Caryl Ranch Denver, Colorado 80217 (303)979-1000 April 28, 1978 Dear Sirs: In case you did not read Johns-Manville * s press release regarding Mr. Califano's recent press conference and subsequent media reports regarding past conditions under which workers were exposed to asbestos, a copy is enclosed for your reference. Yours very truly. J. E. Connor National Sales Manager Asbestos Fiber JEC:mh t v-\/ EXHIBIT "Q" -031 Johns-Manville News APRIL 28, 1978 STATEMENT OF JOHN A. McKINNEY PRESIDENT AND CHIEF EXECUTIVE OFFICER JOHNS-MANVILLE CORPORATION This statement is made in response to media reports on a press conference held Wednesday (April 26) by Secretary Joseph A. Califano of the Department of Health, Education, and Welfare and refers to his printed statement which was distributed at the time of the conference. Past conditions in which workers were exposed to asbestos bear no relationship whatsoever to regulated conditions under which we work today. We believe Secretary Califano's statement represented an objective analysis of asbestos-related health problems. It is regrettable that media reports we have seen failed to reflect the real substance of his approach. At no time did he refer to asbestos-related health problems except in the context of persons "heavily exposed to asbestos before the government began to regulate," or those "exposed in the past, especially those from the war years," or "past workers." These three important qualifiers are repeated throughout the text of his presentation, yet they are almost studiously absent in the edia reports. The numerical projections contained in the Secretary's statement are extremes that are clearly based on past conditions virtually ,, -1 ; < nonexistent at present- As a matter of fact, he sai,d that "as r a result of recent government regulation, current workers, without previous exposure, can be expected to face smaller risks than those exposed in the past." Unfortunately, the media did not clearly point out that contrast between the hazards of past exposure and the present regulated occupational environment.' In addition, we do not believe the role of cigarette smoking was emphasized sufficiently in the reports we've seen. Secretary Califano said that "a person who smokes and has been exposed to asbestos faces a greater risk of developing asbestosis and of dying from a respiratory ailment than an asbestos-exposed individual who does not smoke." As far as lung cancer is concerned. Dr. Paul Kotin, our Senior Vice President of Health. Safety and Environment, advises me that ^"`clinical evidence shows that lung cancer in asbestos workers is virtually limited to those who smoke cigarettes, and that, for all practical purposes, lung cancer as an asbestos-related disease would not be a problem were it not for cigarette smoking. The overwhelming evidence shows that asbestos workers who smoke face a greatly increased risk of developing lung cancer as well as an increased risk of asbestosis. This is the reason we have moved to eliminate smoking in all of our asbestos-using operations. Even though the work environments in our plants fully comply with safe levels mandated by government regulations, nonetheless we are eliminating smoking because we believe we can further reduce our employees' risk of contracting lung cancer to that which can be expected in the general non-smoking population. Dr. Kotin, who is a leading authority on cancer, has emphasized 2 * /tl'/1- JS </ repeatedly that non-smoking asbestos workers are at minimal risk to the development of lung cancer when compared with the non-smoking general public. Secretary Califano unfortunately combines smokers and nonsmokers in his projection of a "20-25 percent" attack rate for lung cancer in workers exposed to asbestos. Actually, only a very small percentage of non-smoking asbestos workers have developed lung cancer. Again referring to the past and present, reference in the Secretary's statement to asbestos as a "dangerous and insidious" material clearly relates to past exposures. Indeed, as Drs. Selikoff and Hammond point out in their medical paper, which was distributed with the Secretary's statement, "In terms of public health, the overwhelming problem is the jndoing, ameliorating or modifying of both current and anticipated results of past mistakes." (Emphasis added.) \ 3 EXHIBIT "S" IZ\ Johns-Manville Sales Corporation Kn-Caryi Ranch Denver, Colorado 80217 (303) 979-1000 y November 21, 1978 rli` ./ OA-ti-eiU *****&* Gentlemen: Most of you are aware of the recent allegations that Johns-Manville and others in the asbestos industry delib erately withheld information about the dangers of asbestos and asbestos insulations. These unsupported allegations have received widespread publicity in newspapers and national television. We have attached a copy of Johns-Manville's response to these charges. These comments were a part of the testimony by Francis H. May, Jr., executive Vice President of JohnsManville before a House of Representatives Subcommittee hearing. We hope you will read these comments and share them with others in your company. Very truly yours. ' V-** Q.y James F. Reis Market Manager Asbestos Fiber Division JFR:mh Attachment \ EXHIBIT "T" insupportable ii.,;.: >.; tjjv.i-.-; ijji.v.v.''^. '(S-SMS:-- Oi'tc.^y f('| i- c. 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JiH-ijr-. - //;0y \';:tos' * r : c;(,rir T`. fc*;r^ i.-i- ' :- :) i;iMs^tc-Ti|*s> Jz. . tViir f r'.iis'V* "`~-r 'f ' ; ( ; -: r l-;; :?*>.1 ;v-lr ; -*r > '.i'r : Tfw. . .* ; - : irr* :'= tf'c;' I V `i- ii if/-* (Cjf ;i? rr- . .<< i *r ... ;.*. -ju .Sj- ri; :'== ..--i-ytc.jf=:' r'-.z More equitable --y" compensation needed for disease victims . J?T^lfT^lSrs5tf;f: ?: rfSSteTsJsi fcS cirffilnjj.r.i';?> :V;-> v;li' st*vsjr*iKifv ri* frU. |rV(fJ|r ^'!c2i.r:r?:: c : |.>:: r;V;rV< >:;; fz'tz- If'ft *- if', ' ir:;) YV ; V u ` r ' I.' CfsHtilii fri ??s' uci- y<- .i. i'.iijt [iliicjf. & fjsWr.v -irVi.-' ifr-V ji'ric j :k ki: ;f: .1/`rjc/ rtfMtrliy lii <J;i fr'.i- t .! r/r :joI:.l h-.- -zr::; .T; .``V'wrir1?-- <f'rt!iiVli f i-1- i*'r? ::i5;:'ri ( 5:*v '?.*,*VV'S5`6 i-'S-.=!**?. :;r?f'i^rii!c5'':r r.iY-.c'; *'!:;T; c; r. . ! - : r :;.! : .- : >: .;!' : *.it fr-r :;a :i - t - -t ;.. z-";\-~ ?--:. i. v::; if- ;r'r s ! Hr compensation serves congressl ipport :rV/cJ|rii!tt t'ifi trit:r c- ;V :ir'ic; c{cV/si'r>jir>,': if!-> i`fV; ->;: '<;:i( -V- rf< c :iM : '< z ;r : . ' z'uz: f'ir* ji'rir'i - - ; r. e- r f. ,. : - :: ii-', U rc'; .1 i; (ilr r.),'!!! < : Tiilc ;:i?r ''z'.h' : . rs|- :): ;i-n 1 - - -ttt *f's;>1:;) si*i-- c':?jrcfstck> i'r*r'f " It r '!" v:flir t; > :jL u'-'i r c_-i, in! Y :?.*?';Ul<;Kf'Jlf.v t.ii'feiY -ifi.'l ~ 1 v V/s rT*>Ur-`.-j_: { (i- ir:s*. -'f'i'/ . ! 'y-.J-i.zVtii' ,ff/| Ori1'- f5T`iitjt!t)rr SfA'fs'rs* c'felirT1. 'V/tjt'f*1 ?is* t'i iOyr: Or- r.i'r.i-- t :>>i:Vf sir(c i <.[ j ... Mtjf?- Sit*;*! sr*/S;?=, f r ,r n|:{*r>s:; :)' '(t' I'/j ii;!n;iii: < ` -i!" ^ - ?`s s r.in:t<' ; ^.ic)< ;ifT- .>TrVc!rter.)fS -r-^*1'i '^:-c-.i??Vs5*v :> 'if' ti'.'.t;ri.^S>vc,<v .ii?: fit*(fiiT* 'j'IcV/jIrJt|jc. -.V-i&c,*.;.; s&Vi|'^lMTssriJ'tlsi>M.f0`rr!f><'i; < fv-:. J-M .a leader in tealttiptotecHon ;Vr/:i7;^ .'i: :"l': '/V; .<; 7- . : '1r 1 v f'ij I *ui iVJijiWv: i'n-T?! > `' j ] .11'/ i'v5 : 1; j < :. ;, ; : : 1 :1 : - t :: r; r. 1:.. ? . ::. 1 . i'-fiiV' r'ii . W.i)n ,-r< .< ir 1; i i l-.'iV :< : iV iiTi-c' ;1f:t 1} ->: : ' (c1: rl*;iV:! n"'' j-:i. f'lYv-i r,-- ;t';;'t\ i!f k r;t!"r:Tclt.-V7i r -. !! _';*)*j(i?J[iifYij1Vil? c.;-iV!r{!',:_: . iV-ciralt^ilJ >I{c5j;7- r 1; : i'l* 1, lSv .. - iff!fVi?> ':!r- r v >;: : lr:t|.cii>Y if* clr fli-'-.i EXHIBIT "V" J. T. THORPE COMPANY'S CORPORATE WITNESSES (LIVE OR BY DESIGNATED DEPOSITION) Melvin Proctor 6833 Kirbyville Street Houston, Texas 77033 Tom Hopkins 6833 Kirbyville Street Houston, Texas 77033 Richard Nowland 6833 Kirbyville Street Houston, Texas 77033 Frank Sheldon 6833 Kirbyville Street Houston, Texas 77033 Gary Musick P. 0. Box 560542 Dallas, Texas 75356 J. T. Thorpe Comany reserves its right to call any witness listed by any other party. EXPERT WITNESS DESIGNATION Dr. Herbert Abrahms University of Arizona College of Medicine Tuson, Arizona Dr. Abrahms preceded Dr. West as the head of the California Bureau of Adult Health. Dr. Abrahms will testify with respect to the qualifications of Dr. West. Turlev vs. Owens-Corning Fiberglas. Circuit Court of Kanawha County, West Virginia, No. CIV 84-C3321, March 23, 1989 (Videotape Deposition) Dr. Elvin Adams General Conference of SDA's 6840 Eastern Avenue, N.W. Washington, D.C. 20012 Dr. Adams may testify on asbestos-related diseases' effects, and in particular on smoking's effects. Dr. Oscar Auerbach 1 58 Long Hill Drive Short Hills, NJ 07078 Dr. Auerbach may testify about the Plaintiffs' medical condition and about asbestos-related diseases. Howard E. Aver, CIH, CSP 2812 Linwood Avenue Cincinnati, OH 45208-2810 Mr. Ayer is a Professor of Environmental Health at the University of Cincinnati and a Certified Industrial Hygienist. Dr. Stephen M. Ayres St. Louis University School of Medicine 1325 South Grand Avenue St. Louis, MO 63104 Dr. Ayres is a pulmonary specialist. Dr. Ayres may testify as to all matters pertaining to the history of scientific knowledge, research and study concerning exposure to asbestos and its effects on the human body; as to all state of the art issues; as to his expert opinions as to safe levels of asbestos exposure and the basis for such opinions; as to exposure to asbestos in regards to development of respiratory diseases, including but not limited to asbestosis, lung cancer, and mesothelioma; as to the effects of exposure to the chrysotile fiber and other asbestos fibers. Dr. Daniel E. Banks Section of Pulmonary and Critical Care Medicine Department of Medicine West Virginia University School of Medicine Morgantown, West Virginia 26506 Dr. Banks is a pulmonary specialist. Dr. Banks may also testify with respect to his training and experience with the National Institute for Occupational Safety and Health (NIOSH). He may also testify about other pulmonary diseases, the effect of smoking on pulmonary disease as well as general knowledge about asbestos related disease, including cancer, in the United States. WITNESS LIST PAGE 2 David Bayliss RD 689, Room 3812-C United States EPA 401 "M" Street, SW Washington, D.C. 20460 Mr. Bayliss may testify regarding government testing of worksite and environmental chemicals and substances. Dr. Bertrand Bennison 455 Nauset Road Eastham, MA 02642 Dr. Bennison may testify regarding the protocol, methodology and analysis of cancer research; the process of editing and peer review of manuscripts and scientific articles; and medical knowledge regarding asbestos. Dr. Bennison is qualified to testify as an expert by virtue of his education, background, and experience in the field of medicine and cancer research. He holds the following degrees: S.B., M.D. and M.P.H. His experience includes 8 years with the United States Public Health Service with major assignments at the National Institute of Health and the National Cancer Institute. Dr. Bennison may testify about the accepted scientific standards and methods for conducting cancer research, including protocols and use of animals in cancer experimentation and custom and practice regarding editing and publication of scientific articles. He is expected to testify that asbestos dust inhalation studies undertaken by Saranac Laboratory were not designed or conducted in a manner which would allow conclusions to be drawn from the incidence of tumors. He is expected to testify that the finding of tumors in mice resulting from this study was incidental and scientifically inadequate for purposes of analyzing or assessing the carcinogenicity of asbestos; that its omission from the published study was justified on scientific grounds; and that its omission did not alter the development or progress of scientific inquiry regarding asbestos and cancer. He is also expected to testify about medical knowledge regarding the health effects of asbestos. The facts known to this expert that relate to, or form the basis of, his opinions or mental impressions include those facts contained in documents relating to the inhalation dust studies performed at Saranac Laboratory, including correspondence, memoranda, transcripts, drafts, and published reports and related material, as well as facts obtained about cancer research during the course of his education and professional activities, and facts contained in testimony of individuals once affiliated with Saranac Laboratory. Such facts may also include additional facts ultimately obtained from a review of the medical literature and a review of testimony of fact and expert witnesses in this litigation. Fred Blood SI3 9171 Hwy 360 North, Suite 210 Austin, Texas 78759 (512) 338-5379 Dr. Brian Bradley The Lung Center 4003 Woodlawn Pasadena, TX 77504 Dr. Bradley is a medical doctor. He may testify about the medical condition of the Plaintiffs and about asbestos-related diseases. WITNESS LIST Dr. Lou Burgher 145 North Tower Doctors Building 4242 Farnam Street Omaha, Nebraska 68133 (402) 559-2900 Dr. Lou Burgher is a pulmonologist who is currently president of Bishop Clarkson Memorial Hospital, Omaha, Nebraska. He will testify as to requirements medically for diagnosis of asbestos related disease. He will testify about progression, dose response, meaning of pleural change, cancer etiology, cancer risk, requirements to attribute a cancer in part to asbestos exposure and related medical and scientific matters related to asbestos. He will testify that there is a lack of etiologic evidence and epidemiologic support to connect malignancies other than lung cancer and mesothelioma to asbestos. He will also testify about various scientific studies pertaining to cancer risk and incidences related to jobs, work place, and asbestos and other materials and substances. He will testify on general medicine, the medicine of asbestos related disease, state of art, and historical matters relating to asbestos and asbestos medicine, including, but not limited to, asbestosis, pleural changes and their significance, as well as issues of progression, cancer, the development of medical knowledge generally, epidemiology, dose response, latency, thresholds, and related exposure issues. Dr. David M. Burns University of California San Diego Medical Center San Diego, California Dr. Burns is a pulmonary specialist. Dr. Burns may also testify with respect to all aspects of asbestos related disease, the effect of smoking on pulmonary disease and cancer related issues as well as general knowledge about asbestos related disease in the United States. Dr. Rupert Burtan Triden Services, Ltd. Occupational and Environmental Medicine 1660 S. Albion Street, Suite 700 Denver, Colorado 80222 Dr. Burtan is an occupational health physician who may testify about the training of occupational health physicians at Columbia University School of Public Health and knowledge available to occupational health physicians when he first started practicing occupational medicine during the mid1950's and subsequently. Dr. Sam H. Cade, Jr. Radiology Department Baylor University Medical Center 3500 Gaston Avenue Dallas, TX 75242 Dr. Cade is a B reader and may testify regarding the radiographs of the Plaintiff and/or Plaintiff's decedent. Dr. Philip Cagle 6565 Fannin, MS 205 Houston, TX 77030 Dr. Cagle may testify concerning the relationship of asbestos and smoking to the development of cancer. Dr. Cagle may also testify concerning the incidence of lung cancer among individuals tn asbestosis or exposure to asbestos-containing insulation products. Dr. Cagle may also *es:.fy regarding general pathology and the pathology of the Plaintiff and/or Plaintiff's decedent. WITNESS LIST Dr. Andrew Churg The University of British Columbia 2211 Wesbrook Mall Vancouver, B. C. Canada V6T1W5 (604) 228-711111 Dr. Churg may testify regarding general pathology and the pathology of Plaintiff and/or Plaintiff's decedent. He may also testify on the effect of smoking on pulmonary disease and cancer related issues as well as knowledge about asbestos disease in the United States. Dr. Joseph Cimino New ork Medical College 50 Willard Avenue North Tarryton, NY 10591 Dr. Cimino is presently the Professor and Chairman of the Department of Community and Preventive Medicine, New York Medical College, Valhalla, New York. Dr. Cimino may be expected to testify generally about research in the area of pulmonary pathology and about the process by which medical knowledge evolved. He may also be expected to testify regarding the state of medical knowledge from the early part of the century to the middle 1960's as it regards pathological changes due to exposure to asbestos. This Defendant believes that Dr. Cimino is of the opinion that prior to the 1960's the state of the medical art was that exposure to large amounts of asbestos over an extended period of time could cause asbestosis; however, there was an accepted, safe level of exposure below which there was no risk of harm; that this level was accepted by the medical and scientific community; and that there was no acceptance of a link between asbestosis and mesothelioma or any form of cancer until the 1960's. The opinions of Dr. Cimino are based upon his training in medicine, his extensive professional qualifications, his research in pulmonary pathology and his review of the relevant medical literature. Thomas V. Colby, M.D. Department of Laboratory Medicine and Pathology Mayo Clinic 200 1st Street S.W. Rochester, Minnesota 55905 Dr. Colby may testify regarding general and asbestos related pulmonary pathology and epidemiology relevant thereto. Cancer issues, e.g., cancer risk, carcinogencity of worksite and environmental chemicals and substances, epidemiology. Medical testimony as to medical condition of specific Plaintiffs as identified during ongoing discovery. Patrick M. Conoley, M.D. Kelsey-Seybold Clinic, P.A. 6624 Fannin, Suite 1800 Houston, Texas 77030 Dr. Conoley is a B reader and may testify regarding the radiographs of the plaintiffs and/or plaintiffs' decedent. Clark Cooper, M.D. Borel vs. Fibreboard Paper Products, Inc.. United States District Court, Eastern District of Texas, Beaumont Division, Civil Action No. 6449 (Trial Testimony September 23, 1971) Dr. Bobby F. Craft Industrial Health, Inc. 640 East Wilmington Avenue Salt Lake City, Utah 84106 WITNESS LIST PAGE 5 Dr. Craft may testify that the medical community became aware that insulators with prolonged intense exposure might be at risk for asbestos-related diseases in the late 1960's or early 1970's. Dr. John E. Craighead Department of Pathology University of Vermont College of Medicine Burlington, VT 05405 Dr. Craighead may testify about the Plaintiffs' medical condition and about asbestos-related diseases. Dr. James Crapo Duke University Medical Center Bill Building, Room 350 Durham, NC 27705 (919) 684-6266 Dr. Crapo is board certified pulmonologist who will testify as to the requirements for diagnosis of asbestos related disease, progression, meaning of pleural change, correct reading of x-rays, dose response, cancer etiology relating to asbestos exposure, the effect and meaning of smoking in relation to cancer and asbestos. He will testify as to what is necessary in order for asbestos to play a role in cancer causation as to lung cancer and mesothelioma and to the lack of etiological and epidemiologic connection between asbestos and other cancers. He will also testify about inhalation of asbestos studies and other asbestos exposure studies he has observed and participated in conducting, their meaning, progression aspects of them cellular responses and related matters. He will testify about cancer risks, etiology, dose response principals, the effects of cigarette smoking in humans. He will testify about various studies relating to cancer risk from asbestos and other substances, and etiology pertaining to lung and other types of malignancies including studies from refineries, shipyards, steel mills, and other places. Dr. Crapo will testify as to general medical principals pertaining to asbestos exposure and asbestos related disease. Floyd "Red" Cryer 6833 Kirbyville Street P. 0. Box 330403 Houston, Texas 77233 Dr. J. M. G. Davis Institute of Occupational Medicine Roseburgh, PI. Edinburgh, U.K. EH 895U 31-667-5131 J.M.G. Davis, Ph.D., of the Institute of Occupational Medicine, Edinburgh, UK, worked with the British Asbestosis Research Council for more that 10 years while he was associated with Cambridge University. He will testify, if called, on the state of the medical and scientific art of asbestos diseases through history, and the development of knowledge of asbestos related matters. He will testify from experience on the risks, including asbestosis, lung cancer and mesothelioma, associated with the various asbestiform minerals, as perceived by members of the medical and scientific community, and persons involved with the industry, through time. He will also testify regarding research and experimentation he has done on asbestos and its effects. He will testify about his and others animal experiments with asbestos exposure, cellular responses to exposure, progression, dose response, fiber cellular interaction, cancer risk and causation and related matters. He may also respond to matters raised within his field of expertise by plaintiffs in the presentation of their case in chief. WITNESS LIST PAGE 6 J. N. P. Davies, M.D. 277 Row Sulkirk, NY 12207 (409) 835-5200 (Stevens & Baldo) J.N.P. Davies, M.D., is a pathologist and has practiced medicine for over 45 years. In his pathological work he has studied asbestos-related disease and malignancy as it relates to asbestos. He has authored papers pertaining to the epidemiology of mesothelioma and has studied epidemiology. As part of Dr. Davies' experience, he has been involved in asbestos studies in South Africa, the United Kingdom and the United States. Dr. Davies has studied with, worked with and talked with a number of individuals who have historically written about and studied asbestos, including but not limited to Dr. Meriwether, Doll, Hueper, and Wagner. He is familiar with their thoughts, work and experiences. Dr. Davies may talk about cancer epidemiology ant what is involved in making determinations as to carcinogenesis as it relates to asbestos and other substances. He may testify concerning the epidemiology of the amosite variety of asbestos, and he may testify it is inappropriate to consider asbestos simply as asbestos. Dr. Davies may also testify about the threshold limit values and give an explanation of what threshold limit values are and usage of them as they relate to industrial hygiene and exposure of individuals to asbestos and other substances. Dr. Davies may testify about scientific and medical literature as it relates to amosite asbestos, epidemiology of cancer, amosite asbestos and cancer, and occupational medicine principles as they relate to asbestos. Dr. George L. Delclos 6550 Fannin, #2403 Smith Tower Houston, TX 77030 Dr. Delclos is a medical doctor. He may testify about the medical condition of the Plaintiffs and about asbestos related diseases. Dr. Harry Demopoulos Pathologist 550 First Avenue New York, NY Dr. Edward A. Gaensler Boston University Medical Center 80 East Concord Street Boston, Massachusetts 02118 Dr. Demopoulos and Dr. Gaensler, if called to testify, are expected to provide testimony in the following areas: a. Anatomy and function of the respiratory and circulatory system; b. The nature of asbestos; c. The symptomatology, disease process and diagnosis of asbestos and cancer associated with the respiratory system, peritoneum and peritoneal cavity; d. The nature and extent of medical and scientific knowledge regarding any association of obstructive pulmonary disease with asbestos fiber exposure; e. The effect of exposure to substances other than asbestos on the development and manifestation of obstructive and restrictive conditions and diseases of the respiratory system; WITNESS LIST PAGE 7 f. Methods of diagnosis of various diseases Darticularly means of establishing the differential diagnosis of alleged asbestos-related diseases with other non-asbestos-related diseases; g. Incidence of lung cancer among individuals with asbestosis, compared with non-asbestotic asbestos workers and with the general population; h. Cigarette smoking and its effect on the lung; i. The relationship of cigarette smoking to cancer of the lung and cancers of other sites with reference to epidemiological studies and physiologic effect; j. Difference between impairment and disability; k. Effect of asbestosis on disability and life expectancy; l. The lack of a relationship between presence of pleural plaques and a later development of any form of cancer; and m. The history of evolution and knowledge of asbestos-related diseases. It is also expected that Drs. Demopoulos and Gaensler may testify that the medical community became aware that insulators with prolonged intense exposure might be at risk for asbestos related diseases in the late 1960's or early 1970's. Drs. Demopoulos and Gaensler will not testify concerning the diagnosis or physical condition of these particular Plaintiffs. Dr. Ernest M. Dixon 6305 Evermay Drive McLean, Virginia 22101 Dr. Dixon is a fellow in the Occupational Health, Kettering Laboratory, University of Cincinnati, Cincinnati, Ohio, 1954-1957; intern and resident in internal medicine and pathology. University of Virginia Hospital, Charlottesville, Virginia, 1947-1949; M.D., University of Virginia, Charlottesville, Virginia, 1947. Dr. Dixon may testify regarding the state of the art as this subject may relate to this Defendant. Dr. Dixon may also testify regarding historical review and state of the art of pulmonary medicine and asbestos related conditions; general and asbestos related pulmonary medicine and epidemiology relevant thereto. Dr. Scott G. Donaldson North Texas Pulmonary Associates 375 Municipal Drive, Suite 140 Richardson, Texas 75080 (214) 680-0666 Dr. Donaldson is a medical doctor. He may testify regarding the medical condition of the plaintiffs and about asbestos-related diseases. John Doull University of Kansas Medical Center Department of Pharmacology, Toxicology and Therapeutics 39th and Rainbow Blvd. Kansas City, KS 66103 Dr. Doull may testify regarding the protocol, methodology and analysis of scientific studies including cancer experimentation, custom and practice regarding peer review, and the editing and publishing of scientific work. Dr. Doull is qualified to testify as an expert by virtue of his education, background and experience in the field of medicine, pharmacology and toxicology. He holds the following degrees: B.S., Ph.D., WITNESS LIST = A.:E 9 and M.D. His experience includes 21 years at the University of Chicago Medical School and 24 years at the University of Kansas Medical Center. Dr. Doull is expected to testify about the accepted scientific standards and methods for conducting scientific research, including protocols and use of animals in cancer experimentation and custom and practice regarding editing and publication of scientific articles. He is also expected to testify about the standards, customs, and practices concerning the manner of conducting scientific studies and surveys and reporting or publishing the results of those studies. The facts known to this expert that relate to, or form the basis of, his opinions or mental impressions include those facts contained in documents relating to the inhalation dust studies performed at Saranac Laboratory, including correspondence, memoranda, transcripts, drafts and published reports and related material, documents pertaining to asbestos dust surveys conducted by Defendants, as well as facts obtained about scientific research during the course of his education and professional activities, and may include additional facts ultimately obtained from a review of the medical literature and a review of the testimony of fact and expert witnesses in this litigation. Heinz B. Eisenstatdt, M.D. Wimberly vs. Fibreboard Corporation. United States District Court, Eastern District of Texas, Beaumont Division, Civil Action No. 74-224-CA, (Deposition January 16, 1975) Page 7:11 Page 14:23 Page 16:20 Page 19:3 Page 49:7 Page 51:23 Page 54:13 Page 60:3 Page 85:21 Page 124:7 Page 134:17 Page 138:9 Page 141:12 to to to to to to to to to to to to to 14:19 14:23 18:25 20:4 50:23 52:22 56:5 62:5 86:20 126:17 135:7 139:21 142:25 Irby Eldridge Route 1, Box 159 Midland City, AL Mr. Eldridge is an insulator who will testify about warnings on Defendants' insulation products that contained asbestos. Mr. Eldridge will give factual testimony as well as express opinions within his field of knowledge. Dr. William Emory Ochsner Clinic 1514 Jefferson Highway New Orleans, LA 70121 (504) 838-4055 Dr. Emory is a medical doctor. He may testify regarding the medical condition of the plaintiffs and about asbestos-related diseases. WITNESS LIST Dr. William Lea Eschenbacher The Methodist Hospital Pulmonary Function Laboratory, F988 6565 Fannin Houston, Texas 77030 (713)790-2070 A pulmonary specialist who will testify with respect to all aspects of asbestos related disease, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Melvin W. First Harvard School of Public Health 655 Huntington Avenue Boston, MA 02115 Dr. First may testify on matters relating to industrial hygiene, including the methodology of conducting industrial hygiene surveys and reporting and publishing results of industrial hygiene surveys. Dr. First is qualified to testify as an expert on the basis of his education, training, and experience in the fields of industrial hygiene and engineering. His academic qualifications include the degrees of Bachelor of Science in Biology and Public Health, Master of Science in Sanitary Engineering, and a Doctor of Science in Industrial Hygiene Engineering, Dr. First is a Certified Industrial Hygienist and a Registered Professional Engineer. He is currently Professor Emeritus at the Harvard School of Public Health. Dr. First may testify about the standards, customs, and practices in the field of industrial hygiene concerning the manner and method of conducting industrial hygiene surveys and reporting or publishing the results of those surveys during all time periods relevant to this litigation. Dr. Gregory Foster North Texas Pulmonary Associates 375 Municipal Drive, Suite 140 Richardson, TX 75080 Dr. Foster is a medical doctor. He may testify about the medical condition of the Plaintiff and about asbestos-related diseases. Dr. Joe G. N. Garcia Department of Medicine Wilshard Memorial Hospital Indianapolis, Indiana 46202 Dr. Garcia is a medical doctor. He may testify about the medical condition of the Plaintiffs and about asbestos-related diseases. Dr. Milton Gray 521 Crestbend Houston, TX Dr. Gray is a medical doctor and a board certified specialist in internal medicine. His testimony may discuss the structure and function of the respiratory system, the effects of cigarette smoking and the diseases of the lungs, including asbestos-related diseases. Dr. Donald Greenberg One Baylor Plaza Baylor College of Medicine Houston, TX 77030 WITNESS LIST PAGE 10 Dr. Greenberg may testify about asbestos-related diseases and the effect of other substances, such as cigarette smoke, upon the respiratory system. William Gray Chance vs. Armstrong World Industries, et al. Circuit Court, Lawrenceville, Illinois, Deposition testimony January 23, 1990 Robert Grim 6102 Alexa Lane Sylvania, OH 43560 Mr. Grim may testify about records showing sales of asbestos-containing products. Andrew T. Haas 1300 Connecticut Avenue N.W., Washington, D.C. Mr. Haas is the General President of the Asbestos Workers International Union. Mr. Haas may testify about the structure of the union's knowledge of the potential hazards of asbestos fibers, and the dissemination of information about potential health problems from the union to its members. Dr. Kathryn A. Hale Assistant Professor of Medicine Baylor College of Medicine 6516 Bernter Houston, TX 77030 Dr. Hale is a specialist in the area of respiratory diseases. Dr. Hale may testify as to all matters pertaining to her examination of the Plaintiffs and Plaintiffs' medical records; any communications with the Plaintiffs or Plaintiffs' family; review of x-rays of the Plaintiffs; the diagnostic criteria used to diagnose asbestosis; her opinion as to whether Plaintiffs suffer from asbestos related disease and the basis of such opinion; the Plaintiffs' current medical condition and her prognosis in regard to the Plaintiffs' medical condition. Dr. Peter Hamill Whitehall Cove Annapolis, Maryland 21401 Dr. Hamill is an epidemiologist physician who practices occupational and environmental medicine. Dr. Hamill has had extensive occupational pulmonary experience and training in the field of occupational medicine. Dr. Hamill may testify from his experience as a U. S. Public Health Service Occupational Health Physician with respect to what was known with respect to asbestos and health in the field. He may also testify with respect to the state of the art insofar as it may relate to Thorpe Products Company. Dr. James W. Hammond 1010 Town Place Houston, Texas Dr. Hammond was the industrial hygienist at Exxon Corporation and is expected to testify with regard to the knowledge and practice of the chemical and refinery industry in general with regard to asbestos in its refineries. Russell Allen v. American Petrofina, Inc.. No. B-126,986, Jefferson County, Texas, District Court. 60th Judicial District, deposition testimony (4 volumes - entire transcript) WITNESS LIST PAGE 1 1 George C. Hamrick 16948 Marcus Street Channelview, Texas Dr. R. Brent Harrison The University of Mississippi Medical Center Department of Radiology 2500 North State Street Jackson, MS 39216 (601) 984-2515 Dr. Harrison is a B reader and may testify regarding the radiographs of the plaintiffs and/or plaintiffs decedent. Dr. Peter Heidbrink Southwest Pulmonary Associates St. Paul Professional Building #2 5959 Harry Hines Boulevard, Suite 711 Dallas, TX 75235 Dr. Heidbrink is a specialist in the area of respiratory diseases. Dr. Heidbrink may testify as to all matters pertaining to his examination of the Plaintiffs and Plaintiffs' medical records; any communications with the Plaintiffs or Plaintiffs' family; review of x-rays of the Plaintiffs; the diagnostic criteria used to diagnose asbestosis; his opinion as to whether Plaintiffs suffer from asbestos related diseases and the basis for such opinion; the Plaintiffs' current medical condition and his prognosis in regard to the Plaintiffs' medical condition. Dr. Michael D. Henderson 330 Rittiman Road San Antonio, TX 78209 Dr. Henderson may testify concerning the relationship of asbestos and smoking to the development of cancer. Dr. Henderson may also testify concerning the incidence of lung cancer among individuals with asbestosis or exposure to asbestos containing insulation products. Dr. Henderson may also testify regarding general pathology and the pathology of the Plaintiff and/or Plaintiff's decedent. Dr. John Higginson 212 Wisconsin Avenue, N.W. Suite 220 Washington, D.C. 20007 Dr. Higginson may testify regarding the protocol, methodology, and analysis of cancer experimentation; custom and practice regarding peer review and the editing of scientific work; and medical knowledge regarding asbestos. Dr. Higginson is qualified to testify as an expert on the basis of his education, training and experience in the fields of pathology, oncology, and cancer research. He holds the following degrees; B.A., M.B., B.CH., B.A.O., F.R.C.P., and M.D. His experience includes 15 years as director of the International Agency for Research on Cancer (I.A.R.C.). He is presently Senior Fellow at the Institute for Health Policy Analysis at Georgetown University Medical Center and Professor of Community and Family Medicine and Pathology at Georgetown University Medical School. Dr. Higginson is expected to testify about the accepted scientific standards and methods for conducting cancer research, including protocols and use of animals in cancer experimentation and custom and practice regarding editing and publication of scientific articles. He is expected to testify that asbestos dust inhalation studies undertaken by Saranac Laboratory were not designed or conducted in a manner that would allow conclusions to be drawn from the incidence of tumors. He is expected to testify that the finding of tumors in mice resulting from this study was incidental and WITNESS LIST PAGE 12 scientifically inadequate for purposes of analyzing or assessing the carcinogenicity of asbestos; that its omission from the published study was justified on scientific grounds; and that its omission did not alter the development or progress of scientific inquiry regarding asbestos and cancer. He is also expected to testify about medical knowledge regarding the health effects of asbestos. The facts known to this expert that relate to, or form the basis of, his opinions or mental impressions include those facts contained in documents relating to the inhalation dust studies performed at Saranac Laboratory, including correspondence, memoranda, transcripts, drafts and published reports and related material, as well as facts obtained about cancer research during the course of his education and professional activities, and facts contained in testimony of individuals once affiliated with Saranac Laboratory. Such facts may also include additional facts ultimately obtained from a review of the medical literature and a review of testimony of fact and expert witnesses in this litigation. Dr. Roger Hill An economist that may be called upon to testify with respect to economic damages of plaintiff(s>. Dr. Elliott Hinkes 301 North Prairie Avenue, Suite 311 Inglewood, California 90301 Dr. Hinkes is a board certified oncologist and hematologist. Dr. Hinkes may testify concerning the relationship of asbestos and smoking to the development of cancer. Dr. Hinkes will also testify concerning the incidence of lung cancer among individuals with asbestosis or exposure to asbestoscontaining insulation products. Horton Corwin Hinshaw, Sr. Retired Emeritus Professor of Medicine University of California School of Medicine P. 0. Box 546 Belvedere, CA 94920 Dr. Hinshaw may testify about the state of the scientific and medical knowledge concerning asbestos. Included in his testimony will be discussion of the respiratory system, asbestos-related diseases, and the effect of other substances on the respiratory system. Dr. Hughson University of California San Diego Medical Center San Diego, California Dr. Hughson is a pulmonary specialist. Dr. Hughson may also testify with respect to all aspects of asbestos related disease, the effect of smoking on pulmonary disease and cancer related issues as well as general knowledge about asbestos related disease in the United States. Gary M. Hutter Triodyne Environmental Engineering 5950 West Touhy Avenue Niles. IL 60648 Edwin C. Hyatt 535 Rover Boulevard Los Alamos, NM 87544 WITNESS LIST PAGE 1 3 Mr. Hyatt is expected to testify on matters relating to industrial hygiene, including the methodology of conducting industrial hygiene surveys, and the customs and practices of reporting and publishing the results of those surveys and related matters. Mr. Hyatt is qualified to testify as an expert on the basis of his education, training and experience in the field of industrial hygiene. His qualifications include the degree of Bachelor of Science in Chemistry, graduate courses at Kansas University and the Harvard School of Public Health, and extensive experience as a practicing industrial hygienist and consultant. He is a Certified Industrial Hygienist. Mr. Hyatt is expected to testify about the standards, customs, and practices in the field of industrial hygiene concerning the manner and method of conducting industrial hygiene surveys and reporting or publishing the results of those surveys during all time periods relevant to this litigation. Dr. Daniel Jenkins Bell vs. Fibreboard Corporation. United States District Court, Eastern District of Texas, Beaumont Division, Civil No. B-74-50-CA (Deposition May 24, 1975) Page 24:24 Page 196:1 Page 220:1 Page 228:10 Page 235:14 Page 241:16 Page 243:4 Page 244:16 Page 246:19 Page 251:25 Page 255:20 Page 257:4 Page 259:2 Page 262:24 Page 267:11 Page 273:4 Page 283:9 Page 319:5 Page 340:22 Page 353:14 Page 363:17 Page 364:14 to to to to to to to to to to to to to to to to to to to to to to 33:3 198:25 226:1 234:25 237:1 242:25 244:1 245:25 247:23 254:25 256:13 258:15 259:23 263:20 269:6 274:25 285:13 320:13 342:14 357;4 364:2 365:8 Dr. Robert N. Jones Tulane University School of Medicine Pulmonary Diseases Section 1700 Perdido Street New Orleans, LA 70112 Dr. Jones is a medical doctor. He may testify regarding the medical condition of the plaintiffs and about asbestos-related diseases. E. A. Kyburz Dunn vs. Johns-Manville. United States District Court, Southern District of Texas, Houston Division, Civil Action No. 73-H-1072 (Deposition Testimony February 6, 1976) Page 13:15 Page 15:18 to to 14:10 15:22 WITNESS LIST '4 Page 17:4 Page 69:22 to to 18:25 70:11 Dr. Jeffrey S. Lee Building 512 University of Utah Salt Lake City, Utah 84112 Dr. Lee may testify that the medical community became aware that insulators with prolonged intense exposure might be at risk for asbestos-related diseases in the late 1960's or early 1970's. James E. Lockey, M.D., M S. Institute of Environmental Health University of Cincinnati Medical Center Clinical Studies Division 5251 Medical Science Building, M.L. 182 231 Bethesda Avenue Cincinnati, OH 45267-0182 Dr. Lockey may testify about the state of the scientific and medical knowledge concerning asbestos. Included in his testimony will be discussion of the respiratory system, asbestos-related diseases, and the effect of other substances on the respiratory system. Dr. Paul MacAvoy 3333 Elmwood Avenue Rochester, New York 14610 Dr. MacAvoy is the Dean of the University of Rochester School of Business. Dr. MacAvoy may testify regarding his research into the economic viability of asbestos defendants and their insurers in the aggregate and their ability to pay punitive damages versus compensatory damages. Robert C. Magor, Ph D., C.I.H. - Industrial Hygiene 6712 Bulkley Road Lorton, Virginia 22079 Dr. Magor obtained his B.S., Chemistry, Lafayette College; Masters of Public Health, University of Michigan; M.S. in Industrial Health and Ph.D. in Industrial Health, University of Michigan. Dr. Magor is expected to testify concerning exposure modeling and industrial hygiene analysis, as well as state of the art as it may apply to the Defendant. Charles S. Matney 4403 Cedar Bayou Baytown, Texas 77521 Dr. Forde A. Mclver Pathology Associates, P.A. 1 35 Rutledge Avenue Charleston, South Carolina 29401 Dr. Mclver may testify on state-of-the-art and the Saranac papers, to the effect that the Defendants could not have known end users were at risk until approximately the late 1960's or early 1970's. Dr. Joseph M. Miller Box 365 New Hampton, New Hampshire Dr. Miller may testify on state of the art and the Saranac papers, to the effect that the Defendants could not have known end users were at risk until approximately the late 1960's or early 1 970's. WITNESS LIST PAGE 15 Frank Paul Mooney R. L. Mooney, Sr. vs. Fibreboard Corporation. United States District Court, Eastern District of Texas, Beaumont Division (Trial Testimony January 14, 15, 1980) Page 117:4 Page 134:11 Page 135:24 Page 146:11 to to to to 117:8 134:15 136:10 147:2 J. Stephen Moore Medical College of Wisconsin Department of Preventive Medicine 8701 Watertown Plank Road Milwaukee, Wl 53226 Dr. Moore is expected to testify on matters relating to industrial hygiene and occupational medicine. Dr. Moore is qualified to testify as an expert on the basis of his education, training, and experience in the fields of industrial hygiene and occupational medicine. He holds the following degrees: Bachelor of Science in Physics, Master of Public Health in Occupational Medicine, and Medical Doctor. He is a Certified Industrial Hygienist and certified in the field of occupational medicine by the American Board of Preventive Medicine. He is currently an Assistant Professor in the Department of Preventive Medicine at the Medical College of Wisconsin. Dr. Moore is expected to testify about the standards, customs, and practices in the field of industrial hygiene concerning the manner and method of conducting industrial hygiene surveys and reporting or publishing the results of those surveys during all time periods relevant to this litigation, including the periods during which Defendants conducted surveys relating to asbestos and reported or published the results of its surveys. He is expected to testify that the conduct of the various employees of Defendants in performing those surveys and in reporting and publishing their results conformed to the generally accepted standards, customs, and practices in the field of industrial hygiene. He is also expected to testify concerning certain clinical observations, physical examinations, and X-ray examinations made during the course of the surveys regarding asbestos dust. The facts known to this expert that relate to, or form the basis of, his opinions or mental impressions include those facts contained in documents pertaining to asbestos dust surveys conducted by Defendants, including reports, published articles, correspondence and memoranda, facts obtained from a review or knowledge of government or industry standards relating to proper methodology for capturing and analyzing air samples, and facts obtained from textbooks and handbooks regarding industrial hygiene practice and similar material and may include additional facts ultimately obtained from a review of the medical literature and a review of the testimony of fact and expert witnesses in this litigation. Additional facts known to this expert were obtained through education, training and experience as an industrial hygienist and as a medical doctor in the field of occupational medicine. Dr. Robert Morgan 520 Third Street, Suite 208 Oakland, California Dr. Morgan may testify regarding cancer issues, e.g., cancer risk, carcinogenicity of worksite and environmental chemicals and substances, epidemiology. WITNESS LIST PAGE'S Or. William K. C. Morgan University Hospital University of Western Ontario P. 0. Box 5339, Postal Station A London, Ontario N6A 5 A5 Dr. Morgan is a professor of medicine and director of chest diseases services at the University of Western Ontario. He was educated in England and Scotland, and among other appointments is a member of the Advisory Board for Occupational Health & Safety Resource Center at the University of Western Ontario. He has knowledge of the pathology, diagnosis, testing and causation of pulmonary and related disease, including mesothelioma, lung cancer and asbestosis. He will testify about the state-of-the-medical-art as it relates to knowledge of health hazards associated with exposure to asbestos dust, based on his review of asbestos-related literature and his own experience. He may testify about the Plaintiffs' medical condition. Dr. David Muir Occupational Health Program McMaster University 1200 Main Street West Hamilton, Ontario L8N 325 Canada Dr. Muir is an occupational health specialist with extensive occupational pulmonary training and expertise. Dr. Muir may also testify with respect to the history of occupational medicine during this same period and the state of the art at various times insofar as it may relate to J. T. Thorpe Company. Dr. Robert Murray S. Hill, Church Road Newton Green Sudbury, Suffolk, U.K. COIO-OQP 787-312-820 Dr. Murray is an occupational medicine specialist, having practiced occupational medicine since the 1940's. He served in World War II with the allied forces and will testify how those forces played a part in occupational medicine concepts as well as the utility of asbestos in the war effort and otherwise. Dr. Murray worked with the Inspector or Factories Office in the United Kingdom in the 1940's and early 1950's and he was involved with Dr. Meriwether and will testify about that involvement and the thoughts of Dr. Meriwether. He will testify that in the 1940's when Dr. Meriwether was writing about asbestos-related matters, that Dr. Meriwether thought the problem of asbestosis was under control and consequently any problem with malignancy would no longer exist, if it ever did. He will testify about his work as a member of the Inspector of Factories Office, the various responsibilities they had, and their change for the industrial health of the nation. He will testify that the 1933 British regulations did not apply to laggers (installers of asbestos products) and there were no regulations in the United Kingdom applying to that until 1968 or thereabouts. He will testify that he worked with Dr. Meriwether, but it did not include installers of preformed asbestos-containing products. It was thought that any cancer risk which had existed was under control due to the asbestos regulations and reductions in exposures that were consequently thought to occur. The first British regulations which applied to laggers (installers) were in the late 1960's. Dr. Murray believes amosite asbestos is a unique fiber and it was not recognized as a problem in relation to malignancy in humans through the early 1970's. He will also testify it was a general thought that before asbestos could be considered involved in a malignancy at all, there must be pre-existing significant asbestosis. If Dr. Murray had thought that installers of asbestos-containing products were at significant risk to get asbestos-related disease, he would have attempted to do something about that WITNESS LIST 3AGE 1 7 during the time he worked for the Inspector of Factories Office and later during the time he was Chief Medical Doctor for the Trades Union Counsel in the United Kingdom. In the 1950's Dr. Murray became Chief Medical Doctor and Advisor to the Trades Union Counsel in the United Kingdom and had the responsibility for coordinating with industry unions and the government in relation to health matters pertaining to various unions and paying attention to the health of all the workers. During that time frame, he did not recognize that installers and those allegedly exposed to asbestos-containing products were at undue risk to get asbestos-related disease. If he had thought there was a significant hea}th problem to installers of preformed asbestos products and anyone who might have gotten sidestream exposure from such operations in the fifties and sixties, he would have attempted to cause changes to be made in such work place exposures and he did not recognize such a need during that time. He will also testify that there was no requirement for a warning on asbestos-containing products in the United Kingdom until the early 1970's. Dr. Murray will testify that asbestos cannot be considered as simply asbestos, but that the circumstances of exposure and the type of fiber must be taken into consideration. He does not believe that amosite asbestos was believed to be a cause of malignancy in humans until after 1972. Dr. Murray will testify about Principles of Industrial Hygiene and Occupational Medicine and how they have applied historically in relation to asbestos. He will testify about scientific literature that relates to amosite asbestos and the field of occupational medicine. Mr. Richard Nowland Thorpe Products Company P. 0. Box 330403 Houston, TX 77233 Mr. Nowland may testify concerning the distribution of J. T. Thorpe Company's products, the status of J. T. Thorpe Company as a distributor, the various locations and customers of J. T. Thorpe Company and the history, etc. of J. T. Thorpe Company. Mr. Jerry Nelson P.O. Box 1328 Winnie, TX 77665 Mr. Nelson may testify concerning the distribution of J. T. Thorpe Company's products, the status of J. T. Thorpe Company as a distributor, the various locations and customers of J. T. Thorpe Company and the history, etc. of J. T. Thorpe Company. Dr. Robert O'Neal Rt. 1 Box 168 Parkinston, Mississippi 39573 Dr. O'Neal may testify regarding general pathology and the pathology of the Plaintiff and/or Plaintiff's decedent. David L. Page, M.D. Vanderbilt University Medical School 1211 22nd Avenue South Room C-3311 Medical Center North Nashville, Tennessee 37232 Dr. Page may testify regarding general and asbestos related pulmonary pathology and epidemiology relevant thereto; cancer issues, e.g., cancer risk, carcinogenicity of worksite and environmental chemicals and substances, epidemiology; medical testimony as to medical condition of specific Plaintiffs as identified during ongoing discovery. WITNESS LIST PAGE 13 David Richard Page R. L. Mooney, Sr. vs. Fibreboard Corporation. United States District Court, Eastern District of Texas, Beaumont Division (Trial Testimony January 14, 15, 1980) Page 49; 15 Page 53:18 Page 55:9 Page 58:13 to to to to 50:7 53:19 55:10 58:25 John A. Pendergrass, C.I.H., C.S.P., P.E. 100 North Washington Street, Suite 308 Falls Church, Virginia 22046 Mr. Pendergrass obtained his Industrial Hygiene, University of Michigan, 1954-1955 and a B.S., Biology/ Chemistry, University of Alabama, 1946-1948. Mr. Pendergrass may testify concerning state of the art as it applies to J. T. Thorpe Company. Jack E. Peterson. P.E. Peterson Associates 2830 Via Viejas Oeste Alpine, CA 91901 (619) 445-9668 (619) 445-6257 - Fax Mr. Peterson is a Certified Industrial Hygienist. A. Mitchell Polinsky Stanford University Professor of Law and Economics Crown Quadrangle Stanford, CA 94306-8610 Dr. Polinsky is an expert who may testify about the inappropriateness of punitive damages in this and similar cases based upon research he and others have conducted. David S. Prince, M.D. - Pulmonary Medicine 1025 Walnut Street 804 College Building Philadelphia, Pennsylvania 19107 Dr. Prince obtained his B.A., Biological Sciences, University of Maryland; M.D., University of Maryland School of Medicine, 1979. Dr. Prince is expected to testify concerning the medical aspects of asbestos exposure. Mr. Melvin P. Proctor Thorpe Products Company P. 0. Box 330403 Houston, Texas 77233 Mr. Proctor may testify concerning the distribution of J. T. Thorpe Company's products, the status of J. T. Thorpe Company as a distributor/retailer, the various locations and customers of J. T. Thorpe Company and the history, etc. of J. T. Thorpe Company. Additionally, Mr. Proctor may testify regarding the state of the art and/or knowledge as same relates to J. T. Thorpe Company. WITNESS LIST Sheldon H. Rabinovitz, Ph.D., C.I.H. 966 Hungerford Drive, Suite 20 Rockville, MD 20852 Dr, Rabinovitz obtained his B.S., Chemistry, Wayne State University, Detroit, Ml 1966; M.S., Occupational and Environmental Health, College of Medicine, Wayne State University, Detroit, Ml, 1969, Major: Industrial Hygiene; Ph.D., Physiology, College of Medicine, Wayne State University, Detroit, Ml, 1972, Major: Toxicology; previous manager of Industrial Hygiene and Safety for the United States Environmental Protection Agency involved in all EPA employee industrial health and safety programs. Dr. Rabinovitz may testify on state of the art as it may apply to J. T. Thorpe Company. Professor Raleigh Rahls Professor Rahls is an economist and he may be called upon to testify with respect to economic damages of plaintiff(s). If Professor Rahls is unavailable, J. T. Thorpe Company will substitute another economist who will evaluate compensatory damages in various manners. William Nicholas Rom, M.D., M.P.H. Fellowship Training: Mount Sinai School of Medicine, New York, New York, 1975-1977, Pulmonary Disease and Environmental Medicine; Resident Training: University of California, Davis- Sacramento Medical Center, Sacramento, California, Internal Medicine, 1973-1975; Advanced Degrees: M.P.H., Harvard School of Public Health, Boston, Massachusetts, Environmental and Occupational Health, 1972-1973; Board certification: (1) Occupational Medicine, American Board of Preventive Medicine, 1977, (2) Pulmonary Diseases, American Board of Internal Medicine, 1976, (3) American Board of Internal Medicine, 1975, (4) National Board of Medical Examiners, 1972. Dr. Rom is expected to testify concerning the medical aspects of asbestos exposure and other areas relevant to this litigation within the expertise of Dr. Rom. Dr. Robert Ross 17030 Nanes Drive, Suite 214 Houston, Texas 77090 Dr. Ross is a specialist in the area of respiratory diseases. Dr. Ross may testify as to all matters pertaining to his examination of the Plaintiffs and Plaintiffs' medical records; any communications with the Plaintiffs or Plaintiffs' family; review of x-rays of the Plaintiffs; the diagnostic criteria used to diagnose asbestosis; his opinion as to whether Plaintiffs suffer from asbestos related disease and the basis of such opinion; the Plaintiffs' current medical condition and his prognosis in regard to the Plaintiffs' medical condition. Nicholas Sargent, M.D. 1200 N. State Street Los Angeles, California 90033 Dr. Sargent may testify regarding general pulmonary radiology and/or ILO interpretation of x-rays. Dr. Irving Selikoff Dr. Selikoff has testified on numerous occasions about the history of medical research about asbestos and about insulators in the United States and Great Britain. Tomplait vs. Combustion Engineering. United States District Court for the Eastern District of Texas, Beaumont Division, Civil No. 5402, March 4, 1968. Page 2:6 Page 10:3 Page 12:24 to to to 6:17 11:24 15:24 WITNESS LIST PAGE 20 Page 17:31 Page 23:14 Page 28:3 Page 37:6 to to to to 22:19 25:8 28:7 39:10 Roaers vs. Johns-Manville. Circuit Court of Missouri No. 720.071. Februarv 19. 1971 Page 63:22 Page 66:7 Page 68:24 Page 69:13 Page 90:4 Page 91:17 Page 94:17 Page 96:1 to to to to to to to to 64:20 68:18 69:4 72:1 90:25 94:1 94:22 97:13 Dr. James Robert Shephard, III University of Texas Health Center at Tyler Department of Radiology P. 0. Box 2003 Tyler, TX 75710 Dr. Shepherd is a B reader and may testify regarding the radiographs of the Plaintiff and/or Plaintiffs' decedent. Joseph Ralph Shrode Porter vs. Fibreboard. United States District Court, Eastern District of Texas, Beaumont Division, (Deposition August 19, 1970) Page 7 :16 to 8:15 Page 8:19 to 8:23 Page 121:11 to 121:16 Page 121:21 to 122:15 Page 126:23 to 128:3 Page 129:24 to 130:14 Borel vs. Fibreboard PaDer Products. Inc.. United States District Court. Eastern District of Texas. Beaumont Division, Civil Action No. 6449 (Trial Testimony September 27, 1971) Page 858:9 Page 865:13 Page 882:5 to to to 859:17 872:13 882:9 Tomolait vs. Combustion Engineering Page 98:5-12 Dr. Allan Shuikin Medical City Dallas Hospital 7777 Forest Lane, Suite 202 Dallas, TX 75230 Dr. James G. Smith, Jr. Highland Clinic 1455 E. Bert kouns. Industrial Loop Shreveport, LA 71135-1455 1318)798-4500 WITNESS LIST PAGE 21 A pulmonary specialist who will testify with respect to all aspects of asbestos related diseases, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Dr. Kenneth Smith Chief Medical Director Canadian Johns-Manville/Johns-Manville Dr. Wilbur A. Spaul Spaul Environmental, Inc. 11279 Knights Griffin Road Thonotosassa, Florida 33592 (813) 870-4895 Wilbur Spaul, Ph.D., of 2001 Pan Am Circle, Suite 100, Tampa, Florida, is an Industrial Hygienist who has worked in industrial hygiene for several decades. Dr. Wilbur Spaul worked as an industrial hygienist in the U.S. Navy and was trained and assigned to deal with asbestos-related matters, the study of asbestos in the shipyards of the U.S. Navy in California and other places, the study of exposure and what industrial hygiene measures were necessary. If offered, he will testify about exposure levels found by him and what was recognized by him from his study of exposure reports, tests, and findings. Dr. Spaul has done studies of asbestos exposure levels on various jobs, including work at the shipyards, buildings and other places of potential exposure. Dr. Spaul is familiar with principles of fiber drift, fiber fall, and how asbestos settles out of the air and fails to remain airborne. He will give testimony about the speed with which asbestos fiber settle out and get away from the breathing zones of individuals. He will testify about general principles of industrial hygiene as they relate to asbestos, the Industrial Hygiene Foundation, and the various recognized permissible levels of exposure to asbestos over time. Dr. Spaul will testify as to what exposures have been demonstrated from usages of various types of asbestos products, including Unibestos, both through the direct use or manipulation of asbestos at different points away from the immediate product. He will testify as to how quickly exposure levels fall from the immediate source of dust. Dr. Spaul has visited and studied various places where insulation products were used and manipulated and removed, including shipyards, refineries, schools and other work processes. He will testify as to the purpose of threshold limit values, their meaning, how they should be interpreted and applied. He will also testify about the work of the Industrial Hygiene Foundation and how its rules and requirements are applied to industrial health. He will also testify about respirators, their usage and general effectiveness. Dr. Jessie Steinfieid Dr. Steinfieid will testify concerning government warnings, smoking, and some areas of state-of-theart. Roy Steinforth Jakie R. Starnes, et ux vs. Combustion Engineering, Inc., et al. No. 2-75-122, USDC, Eastern District of Tennessee, Northeastern Division (Deposition taken May 10, 1976) Page 4, Lines 1-22 Page 5, Lines 1 -22 Page 6, Lines 1-5, 10-22 Page 7, Lines 1-5, 10-22 Page 10, Lines 8-22 Page 13, Lines 15-22 Page 17, Lines 8-22 Page 18, Lines 1 -22 Page 19, Lines 1 -22 Page 41, Lines 21-22 v* WITNESS LIST PAGE 22 Page 42, Lines 1 -8 Page 43, Lines 2-22 Page 44, Lines 1 -3 Page 45, Lines 2-9 Page 48, Lines 9-22 Page 49, Lines 1-22 Page 50, Lines 1 -2 Page 53, Line 22 Page 54, Lines 8,11 -22 Page 55, Lines 1 -22 Page 56, Lines 16-22 Page 62, Lines 4-16 Page 66, Liens 1-22 Page 73, Liens 15-22 Page 74, Lines 1-19 Ernest Stevener, Jr. Ernest Stevener, Jr. vs. Fibreboard Corporation, et al. In the 129th Judicial District Court of Harris County, Texas, Cause No. 89-54231 (Deposition taken December 9, 1993) Dr. Paul Stevens Professor of Medicine Baylor College of Medicine 6516 Bernter Houston, TX 77030 Dr. Stevens is a specialist in the area of respiratory diseases. Dr. Stevens may testify as to all matters pertaining to his examination of the Plaintiffs and Plaintiffs' medical records; any communications with the Plaintiffs or Plaintiffs' family; review of x-rays of the Plaintiffs; the diagnostic criteria used to diagnose asbestosis; his opinion as to whether Plaintiffs suffer from asbestos related disease and the basis of such opinion; the Plaintiffs' current medical condition and his prognosis in regard to the Plaintiffs' medical condition. Dr. Gail Stockman 701 E. Marshall, Suite 502 Longview, Texas 75601 (903) 753-0787 A pulmonary specialist who will testify with respect to all aspects of asbestos related diseases, epidemiology, fear of cancer as well as asbestos related diseases in the United States. Johnnie M. Stoma 5523 Mary Frances Houston, TX Mr. Stoma will testify about the knowledge of insulators about the potential hazards of asbestos and the warnings given by manufacturers. Dr. Richard Sutch 1601 Arch Street Berkeley, California 94709 Dr. Sutch is an economic historian. Dr. Sutch will testify about the circumstances and conditions that existed during the war-time economics in the United States. Dr. Sutch will testify about the control exercised by the United States government as part of the war-time economy over war WITNESS LIST P-GE 23 materials including asbestos containing insulation Droducts and what effect that had cn comoames such as Defendants. Charles Lawrence Swezey, Esq. 21 2 Fulton Street Palo Alto, California 94301 Larry Swezey is a retired Commissioner of the State of California Workers' Compensation Appeals Board and former judge of the Industrial Accident Commission. Mr. Sweezey will testify about the state of knowledge in the workers' compensation community about asbestos and health. William David Travis, M.D. 5225 Pooks Hill Rd., Apt. 912 South Bethesdea, MD 20814 Dr. Travis obtained his M.D., 1981, University of Florida College of Medicine, Gainesville; B.S., 1977, Biology, Haverford College, Haverford, Pennsylvania. Dr. Travis is a medical doctor and pathologist and may testify regarding the medical and pathological aspects of asbestos exposure as it relates to this litigation. Dr. J. C. Wagner MRC External Staff Team Occupational Lung Disease Llandough Hospital Penarth, Glamorgan CF6-1XW UK Dr. Wagner will give factual testimony concerning his knowledge of relevant facts as well as express opinions within his field of knowledge. Dr. Hans Weill Tulane University School of Medicine 1700 Perdid Street Second Floor New Orleans, LA 70112 Dr. Weill is a pulmonary disease specialist. Dr. Weill may testify to all matters pertaining to scientific knowledge, research and study in regards to exposure to asbestos and its effects on the human body; as to the latency periods of asbestos related diseases; as to the various types of asbestos fibers and their effects on the human body; as to the effects of exposure to the chrysotile fiber in regard to asbestos related diseases; scientific criteria used to diagnose respiratory diseases, including but not limited to asbestos, lung cancer, mesothelioma; as to all matters pertaining to the Plaintiffs' medical condition; as to all state of the art issues. Dr. Elizabeth Weisburger 5309 McKinley Street Bethesda, MD 20814 Dr. Weisburger is expected to testify regarding the protocol, methodology and analysis of cancer research and the protocol and practice regarding the process of editing and peer review of scientific research manuscripts. Dr. Weisburger is qualified to testify as an expert on the basis of her education, training and experience in the field of cancer research. She holds Bachelor of Science and Ph.D. degrees n Organic Chemistry. Her experience includes more than 30 years as a Research Scientist and Assistant Director at the National Cancer Institute. WITNESS LIST : . -1 Dr. Weisburger is expected to testify about the accepted scientific standards and methods for conducting cancer research, including protocols and use of animals in cancer experimentation and custom and practice regarding editing and publication of scientific articles. She is expected to testify that asbestos dust inhalation studies undertaken by Saranac Laboratory were not designed or conducted in a manner that would allow conclusions to be drawn from the incidence of tumors. She is expected to testify that the finding of tumors in mice resulting from this study was incidental and scientifically inadequate for purposes of analyzing or assessing the carcinogenicity of asbestos; that its omission from the published study was justified on scientific grounds; and that its omission did not alter the development or progress of scientific inquiry regarding asbestos and cancer. She is also expected to testify about medical knowledge regarding the health effects of asbestos. The facts known to this expert that relate to, or form the basis of, her opinions or mental impressions include those facts contained in documents relating to the inhalation dust studies performed at Saranac Laboratory, including correspondence, memoranda, transcripts, drafts and published reports, and related material, as well as facts obtained about cancer research during the course of her education and professional activities, and facts contained in testimony of individuals once affiliated with Saranac Laboratory. Such facts may also include additional facts ultimately obtained from a review of the medical literature and a review of testimony of fact and expert witnesses in this litigation. Noel Weiss, M.D. University of Washington Health Science Building, Room 263D Seattle, Washington 98915 Dr. Weiss is an epidemiologist and biostatistician with an emphasis on the study of cancer. Dr. Weiss, if called in this case, is expected to testify generally as to the state of medical art at various relevant points in time, and specifically as to plaintiff's physical condition, the relationship between asbestos exposure and any increased risk of cancer, and the lack of medical causation in this case. David West David West is a former safety engineer for the State of California. In Re: Related Asbestos Cases. United States District Court, Northern District of California, No. C79-3588-RFP (Videotape Deposition, October 5, 1984) Page 13:6 to 60:1 J. T. Thorpe Company anticipates summarizing or using portions of the following testimony as may be necessary depending upon the evidence presented by the Plaintiffs. In each case, the substantive portions to be relied upon have been designated. J. T. Thorpe Company reserves the right to use whatever additional testimony or summary may be needed to put that testimony in context. Dr. Irma West Dr. West was the head of the Bureau of Adult Health for the State of California for many years and will testify via videotape about the state of the art knowledge in.the occupational health community from time to time and the medical priorities at those times. Page 14:6 Page 33:17 Page 40:5 Page 43:10 Page 44:14 Page 46:24 Page 47:7 Page 49:21 to to to to to to to to 33:5 39:5 42:22 44:6 46:19 47:4 49:19 53:24 WITNESS LIST PAGE 25 Page 54:1 Page 56:25 Page 57:23 Page 64:6 Page 69:8 Page 69:20 Page 73:7 Page 74:25 Page 76:16 Page 76:25 Page 77:21 Page 78:14 Page 80:5 Page 82:2 Page 83:18 Page 84:6 Page 84:11 Page 86:22 Page 108:25 Page 109:9 Page 111:23 Page 124:6 Page 125:24 Page 128:6 Page 129:25 Page 135:14 Page 137:15 Page 137:23 Page 140:11 Page 140:25 Page 141:22 Page 153:14 Page 156:4 Page 168:4 Page 169:20 Page 171:8 Page 174:1 Page 175:16 Page 178:25 Page 179:2 Page 179:24 to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to to 55:24 57:16 63:18 68:10 69:16 72:4 74:15 76:8 76:23 77:15 78:12 79:20 81:9 82:6 83:25 84:9 85:4 86:23 109:6 111:18 116:20 125:2 128:2 129:15 130:22 135:21 137;20 138:19 140:22 141:1 151:22 154:3 156:11 169:8 170:3 171:24 175:14 178:22 178:25 179:15 185:11 Or. Lennard Wharton Chemical Engineer & Physical Chemist Packer Engineering North Washington at East-West Tollway Naperville, IL 60566 Dr. Thomas Wheeler 2919 Eagle Creek Kingwood, TX 77345 Dr. Wheeler is a pathologist who may testify about asbestos related diseases, causes of cancer, and the effect of other substances, such as cigarette smoke, on the Plaintiffs. Orange Willrich 526 Vionett Texas City, Texas WITNESS LIST PAGE 25 Dr. R. Keith Wilson Chief of the Pulmonary Section Methodist Hospital 6535 Fannin, Suite F-966 Fondren Brown Building Houston, TX 77030 Dr. Wilson is a specialist in the area of respiratory diseases. Dr. Wilson may testify as to all matters pertaining to his examination of the Plaintiffs and Plaintiffs' medical records; any communications with the Plaintiffs or Plaintiffs' family; review of x-rays of the Plaintiffs; the diagnostic criteria used to diagnose asbestosis; his opinion as to whether Plaintiffs suffer from asbestos related disease and the basis for such opinion; the Plaintiffs' current medical condition and his prognosis in regard to the Plaintiffs' medical condition. Noble Wise Melancon vs. Pittsburgh Corning Corporation. United States District Court, Eastern District of Texas, Civil No. B-79-478-CA, (Trial Testimony February 2, 24, 25, 26, 1982) Page 174:12 Page 183:17 Page 188:13 Page 197:2 to to to to 176:5 184:2 188:25 197:10 Philip Witorsch The George Washington University Medical Center Dr. Witorsch is expected to testify on matters relating to occupational medicine and pulmonary medicine, including the methodology of reporting and publishing results of studies. Dr. Witorsch is qualified to testify as an expert on the basis of his education, training and experience in the fields of pulmonary medicine, internal medicine, and occupational medicine. He holds the following degrees: Bachelor of Arts from New York University (1958) and Medical Doctor from New York University School of Medicine (1962). He is a Diplomate in both Internal Medicine and Pulmonary Diseases. His professional memberships include: American College of Chest Physicians, American College of Occupational Medicine, and American Thoracic Society. Dr. Witorsch is currently Director, Section of Environmental Medicine and Toxicology, Division of Pulmonary Diseases and Allergy, Department of Medicine, The George Washington University Medical Center and Clinical Professor of Medicine at The George Washington School of Medicine and Health Sciences. Dr. Witorsch is expected to testify about the standards, customs, and practices concerning the manner and method of conducting scientific studies and reporting or publishing the results of those studies. He is expected to testify that the conduct of Defendants in performing certain surveys and in reporting and publishing their results conformed to generally accepted standards, customs and practices. The facts known to this expert that relate to, or form the basis of, his opinions or mental impressions include those facts contained in documents pertaining to asbestos dust surveys conducted by Defendants, including reports, published articles, correspondence and memoranda, and may include additional facts ultimately obtained from a review of the medical literature and a review of the testimony of fact and expert witnesses in this litigation. Additional facts known to this expert were obtained through education, training and experience as a medical doctor in the fields of occupational and pulmonary medicine. WITNESS LIST PAGE 27 Dr. Stanislau Burzynski Dr. Burzynski is expected to testify concerning the medical aspects of mesothelioma and the potential and probabilities for curing this disease through treatments and the programs necessary for that purpose. Dr. William Eschenbacker 6565 Fannin Houston, Texas 77030 (713) 793-1750 J. T. Thorpe Company, designate as potential witnesses each fact and expert witness identified by other Defendants in this action. In addition, J. T. Thorpe Company, reserve the right to call any witness identified by the Plaintiffs. Any and all experts listed by any and all Defendants, which lists are incorporated herein by reference. Any and all physicians who have seen, examined, treated and/or autopsied the Plaintiffs or Plaintiffs' pathology, chest x-rays and/or PFTs. Any and all witnesses named by any other party. Any and all rebuttal witnesses. Defendant, J. T. Thorpe Company, reserve their right to call the above-named persons and/or entities as expert witnesses and/or fact witnesses. Defendant, J. T. Thorpe Company, reserve the right to present the testimony of any of their witnesses either by way of deposition or in person at trial. Defendant, J. T. Thorpe Company, incorporate by reference the witness lists filed by all other Defendants in this case and reserves the right to call any witnesses listed on those lists as expert witnesses and/or fact witnesses. WITNESS LIST PAGE 28 OTHER WITNESSES WHO MAY BE CALLED LIVE OR BY DEPOSITION STATE-OF-THE-ART (A) Forde A. Mclver, M.D. (B) Keith Morgan, M.D. (C) James D. Snell, M.D. (D) Robert M. Brown (E) Edward D. Helton (F) Peter Harries, M.D. (G) Allen Feingold, M.D. (H) Robert Murray, M.D. MEDICAL ISSUES (A) William Cole, M.D. (B) Bashir Chaudhary, M.D. (C) Stuart Brooks, M D. (D) Richard A. Elmer, M.D. (E) Wintord H. Pool, M.D. (F) Ron Crystal, M.D. (G) Anthony Costrini, M.D. (H) Victor Roggli, M.D. (1) Jerry Wiott, M.D. (J) David Stacy, M.D. (K) Ed Block, M.D. (L) 0. C. Harris, M.D. (M) Philip R. Saleeby, M.D. (N) John Crissman, M.D. (0) Azorides Morales, M.D. (P) Lee Reichman, M.D. (Q) Robert DiBenedetto, M.D. WITNESS LIST (R) Stephen Morris, M.D. (S) James Miller, M.D. (T) William Weiss, M.D. (U) G. Michael Duffell, M.D. (V) Gilbert D. Grossman, M.D. IW) James Wellman, M.D. (X) Marvin Kuschner, M.D. (V) George Schoonover, M.D. (Z) D. H. Manning, M.D. (Aa> Bernard Gee, M.D. (Bb) Russell Sherwin, M.D. (Cc) Jerome Kleinerman, M.D. (Dd) Nasha Burki, M.D. (Ee) David J. Frolich, M.D. (Ff) David A. Edelman, M.D. (Gg) Keith Chandler, M D. (Hh) Allan L. Goldman, M.D. (li) Fred Pooley, Ph.D. (Jj) Kevin Browne, M.D. (Kk) Allen Feingold, M D. (LI) W. E. Smith, M.D. (Mm) George Schoonover, M D. (Nn) C. M. Johnson, M.D. (Oo) Jerry Abraham, M.D. (Pp) William Guest, M.D. (Qq) Paul Wheeler, M.D. (Rr) Edward Gaensler, M.D. (Ss) Donald Greenburg, M.D. (Tt) Allen Gibbs, M.D. WITNESS LIST PAGE 30 (Uul Nathaniel Rodman, M.D. (Vv) Jay Leonard litchenfeld, M.D. (Ww) Russell P. Sherwin, M.D. (Xx) Stanley Pier (Yy) Robert N. Sawyer, M.D. (Zz) R.J. Lee, M.D. (Aaa) Michael Larsen, CIH (Bbb) Gordon M. Bragg, Ph.D. (Ccc) Joe Mullis WITNESS LIST PAGE 31 Joe Adam and/or other representatives of United Association of Pipefitters Washington, D.C. Russell Allen, Jr. Bridge City, Texas Albert S. Andress 3370 Beard Beaumong, Texas 77704 James Arrington 1407 Avenue B. Nederland, Texas 77627 Pedro Arriola 2440 Avenue B. Port Arthur, Texas Charles Barksdale 5666 Longwood Beaumont, Texas Herbert Brannen 3415 - 31" Street Port Arthur, Texas Sam Borcato, Jr. Rt. 1, Box 252 Warren, Texas James Brown 5645 North Main, #5 Vidor, Texas 77662 Claude Cimino 3801 -35'h Street Port Arthur, Texas Milton Crochet 5269 Landry Drive Port Arthur, Texas John Courville 3921 Lexington Groves, Texas Rudolph A. Falgout, Sr. 5395 Gayle Drive Beaumont, Texas 77708 Cecil Gladden 4908 Garfield Groves, Texas 77659 Frank Guidry 416 - 17th Streed Nederland, Texas 77627 WITNESS LIST PAGE 32 Royce Haight 295 Young Drive Vidor, Texas Travis Hemingway 380 Ironwood Street Vidor, Texas Harold Hoyle Deland, Florida Retired Industrial Hygienist from Dow Chemical Joe Lapping, Director of Safety and Health Building Construction Trades Department 815 - 16W Street N.W. Washington, D.C. Jerry Little 2218 First Street Port Neches, Texas Samuel E. McRoberts Box 8194 Lumberton, Texas 77711 J.C. Miller 1808 Avenue H. Nederland, Texas Frank Paul Mooney 5750 Tyler Street Vidor, Texas 77662 Albert Olson 211 Bonwell Lumberton, Texas David Page 450 Blanton Road Lumberton, Texas Leon Red Perkins 7845 Highway 105 Beaumont, Texas Allen Peterson 1838 Baxter Ridge St. Louis, MO John E. Scott 12990 Larch Land Beaumont, Texas Robert Simonton 440 Young Bridge City, Texas WITNESS LIST PAGE 33 Tommy Wright Old Sour Lake Road Beaumont, Texas Willie Eugene Broom P.O. Box 264 Harper, Texas Mike Blanchard 1430 Spindletop Road Beaumont, Texas or other designated representative and custodian of records of the International Brotherhood of Electrical Workers, Local 479 Designated representative and custodian of records of the International Brotherhood of Electrical Workers, National Organization, 1125 - 15th Street N.W., Washington, D.C. Margaret Seminario Chairman of the AFL-CIO Staff Committee on Safety and Health 815 - 15'" Street N.W. Washington Custodian of records, Asbestos Archives and Insulation Industry hygiene Research Program, Mt. Sinai Hospital, 19 E. 98th Street, New York, NY Joe Shrode, through his deposition testimony taken in Tomplait v. Combustion Engineering, et al.. U.S. Dist. Ct. for the E.D. of Texas; Porter v. Fibreboard Coro., et al.. U.S. Dist. Ct. for the E.D. of Texas; and Mr. Shrode's deposition and trial testimony from the Clarence Borel trial, U.S. Dist. Ct. for the E.D. of Texas. Dr. Corwin Hinshaw, through his deposition testimony taken in Vaughn WITNESS LIST 4 MEDICAL/HEALTH CARE PROVIDER AND CUSTODIAN OF BUSINESS RECORDS WITNESS LIST In addition to the expert and fact witnesses heretofore identified, the Defendants additionally designates the following experts and fact witnesses: Custodian of Medical Records, Personnel Records, Employment Records, Safety Records and Industrial Hygiene Records, Purchase Orders, Invoices, Shipping and Receiving Records and Engineering Records of any and all work sites of Plaintiffs herein. Custodian of Medical Records of: Dr. George L. Delclos 6550 Fannin, #2403 Smith Tower Houston, Texas 77030 Dr. William Eschenbacker 6565 Fannin Houston, Texas 77030 Dr. Robert Ross 17030 Nanes Drive, Suite 214 Houston, Texas 77090 Dr. Paul Stevens Professor of Medicine Baylor College of Medicine 6516 Bernter Houston, Texas 77030 Dr. R. Keith Wilson Chief of the Pulmonary Section Methodist Hospital 6535 Fannin, Suite F-966 Fondren Brown Building Houston, Texas 77030 Dr. Kathryn Hale Assistant Professor of Medicine Baylor College of Medicine 6516 Bernter Houston, TX 77030 WITNESS LIST PAGE 15 EXHIBIT "W" BACKGROUND INFORMATION THORPE ENTITIES Thorpe Corporation A Texas corporation founded on 2-11-83 to act as a holding company for various Thorpe Companies. J. T. Thorpe Company Originally established in 1943 as a branch of J. T. Thorpe, Inc. (California corporation). On 12-12-53 J. T. Thorpe Company was incorporated as a Texas corporation and remains to this date an acting and existing Texas corporation. Thorpe Products Company (Division) Began operation as an unincorporated division of J. T. Thorpe Company on 1-01-61 and continued in such capacity until 1-01-86 at which time certain assets/liabilities were transferred to Thorpe Products Company (1985 corporation). Thorpe Products Company Established as a Texas corporation on 4-26-85. Thorpe Insulation Company Established as a Texas corporation on 5-01-56 until it was dissolved on 12-31-60. During such period of existence it was a wholly owned subsidiary of J. T. Thorpe Company. Following corporate dissolution of Thorpe Insulation Company on 12-31-60, it continued operation as a branch of J. T. Thorpe Company until 12-10-65. On 12-14-65 a new entity, Thorpe Insulation Company, was incorporated and remained in existence until it was dissolved on 6-09-89. Cactus Construction Company A Texas corporation which was established on 2-04-69 as a subsidiary of J. T. Thorpe Company, but never conducted any operation and remains to this date an inactive corporation. EXHIBIT "E" MINUTES OP. ANNUAL MEETING OP THE BOARD OP DIRECTORS OP J. T. THORPE COMPANY The Annual Meeting of the Board of Directors of J. T. Thorpe Company, a Texas corporation, was held at 6833 Kirby- vllle Street, Houston', Texas, on November 18, 1970 immedi ately following the Annual Meeting.of the Shareholders of . J. T. Thorpe Company, pursuant to the provisions of the By laws of the Company. All newly elected Directors were In attendance, namely: A. L. Erickson Frank C. Shelden, Jr/ Horace V. Baker M. F. Proctor Thomas Hopkins, III A waiver of notice signed by all.the Directors was dl- rected to be attached to these minutes by the Chairman. The Chairman announced that the first order of business was the election of offloers of the Company for the ensuing u3c* year. Upon motion duly made and seconded, the following reso lutlon was adopted unanimously: RESOLVED, that the persons named below be and they are hereby elects* to the offices set opposite their respective names to hold office until the next Annual Meeting of the Board of Directors and until their successors are duly elected and qualified: A. L. Erickson Frank C. SheldSn, Jr. M. F. Proctor Mary A. Severance Thomas Hopkins, III Chairman of the Board President Vice President Treasurer and Asst. Secretary- Secretary - There wee & discussion concerning Company automobiles, and after discussion, the following resolution was duly adopted unanimously: RESOLVED that this Company furnish to the officers and sales personnel of the Company specified below a Com pany owned automobile and to pay all expenses In con nection with the use thereof; to wit: 'Frank C. Shelden, Jr. Dan Hausam J. C. Riley M. P. Proctor Keith Jaye William Collins Jack Pelffer Nary A. Severance Weldon Eklund Oerald Nelson. W. A. Bay J. E. Thurman There was a discussion concerning "out-of-pocket" expenses and the use of personal automobiles on Company business. After discussion, the following resolution was duly adopted i unanimously: _ RESOLVED that each of the officers and sales personnel of the Company named in the preceding paragraph be reimbursed monthly for their out-of-pocket ^expendi tures Incurred in the conduct of their duties with the Company, and that each of such officers and sales personnel be reimbursed for their autosipblle expenses when using their own personal automobiles for busi ness purposes. There was a discussion concerning the amount. If any, that should be paid under the Company's Bonus Plan. After discussion, the following resolution was duly adopted unanimously: RESOLVED that Frank C. Shelden, Jr., In consulta tion with the Company's auditor, be and he Is hereby directed to compute as accurately as possi ble the expected profits of the Company for the fiscal year ending December 31* 1970 for the purpose of .determining whether the expected profits are suffi cient to enable eligible employees to share In the Company's Bonus Plan; and be it FURTHER RESOLVED that if amounts are payable under said Company's Bonus Plan for the year 1970 based upon said expsetsd profits, that Frank C. Shelden, Jr. be and he Is hereby authorised and directed to determine the amount to be payable to the employees under the Bonus Plan and to make any such payments. Frank C. She Wen, Jr. discussed the payment of a Christmas Bonus to key. field personnel and suggest that <5,000.00 be allo cated to this purpose. On motion duly made, seconded, and unanimously passed, the following resolution was adopted: RESOLVED that a total amount of $5,000 be paid as Christmas Bonuses to key field personnel; and be It FURTHER RESOLVED that Frank C. Shelden, Jr. and Jack Pelffer be and they are hereby authorised and di rected to determine the amount of Individual bonuses for the key field persortnel. - There was a discussion concerning a Christmas Bonus for shop personnel. After discussion, the following resolution was duly adopted unanimously: RESOLVED that cash bonuses equal In the aggregate to IS of the gross profits of the Thorpe Products Company Division be paid In such amount to such key shop personnel as may be determined by Frank C. Shelden, Jr. and N. F. Proctor. After a discussion of the Company's contribution to the J. T. Thorpe Company Employees' Profit Sharing Trust Agreement, the following resolution was duly adopted unanimously: RESOLVED that the Company contribute to Its Profit Sharing Plan for the fiscal year ended December 31* 1970, an amount equal to 15 per cent of Annual Compensation as that term Is defined In Section 2.01(h) of said Profit Sharing Trust Agreement; provided, however, that In no event shall the amount of such contribution be In excess of the amount deductible by the Company In computing Its Federal Income taxes for the year 1970; and provided further that In no event will the amount contributed to the Profit Sharing Plan reduce the net earnings after taxes of the Company to an amount less than 102 of the net worth of the Company at January 1, 1970; and be it FURTHER RESOLVED that' the proper officers of the Com pany be and they are hereby authorized and directed to disburse funds of the Company pursuant to the terms of the foregoing resolution within the time limitations of the Internal Revenue Code for corpo rations on the accrual method of account; and "fee It FURTHER RESOLVED that Thomas Hopkins bo end ho is hereby appointed to the Administrative Committee of the Profit Sharing Plan to serve In place of T. D. Smith, whose resignation therefrom Is hereby accepted. There was a discussion of the guide lines In making contri butions to tax exempt organisations. Consistent with last year's action. It was the consensus that one per cent`of the net Income before taxes of the corporation should be contributed to such organizations along the lines of 362 to educational organizations 422 to health and. welfare organizations, and 222 to civic and cultural organisations. After discussion of the dividends policy of the Company for the calendar year 1971; the following resolution was duly adopted unanimously: RESOLVED that cash dividends be paid to the share holders of the.Company as follows: Per Share Amount of Cash Dividends Record Date of Shareholders Entitled to Dividends Payment Date 2 .75 .75 .75 .75 March 31, 1971 June 30, 1971 Sept. 30, 1971 Dec. 31, 1971 April 30, 1971 July 30, 1971 October 30, 1971 December 31, 1971 provided, however, that no cash dividend will be paid to the shareholders of the Company at a particular Payment Date specified above if, for the calendar quarterly period Immediately preceding the Payment Date of the cash dividends, the Company had no net profits after taxes for such quarterly period. Concerning the purchase of 480 shares of the Company from T. D. Smith, the following resolution was duly adopted unanimously: RESOLVED that the acts of the officers of this Com pany In executing and consummating in part the trans actions contemplated in that certain Stock Purchase Agreement dated May 15, 1970 by and between the Com pany and T. D. Smith, be and the same Is hereby -rati fied, confirmed and approved in all respects as the acts of this Company.. There was a discussion concerning the purchase of 40 shares of Company stock from Joseph Webb and a proposal of purchase of his remaining shares in the Company from his heirs. After dis cussion, the following resolutions were duly adopted unanimously: RESOLVED that the acts of the officers of the Com pany In redeeming 40 shares of stock of the Company from Joseph Vebb at a total consideration of 81,975.60 be and the same are hereby ratified, confirmed and approved In all respects as the acts of this Company; and be It FURTHER RESOLVED that the acts of the officers of the Company In offering to purchase shares of stock of the Cos^any from the heirs of Joseph Vebb at their net book value on December 31, 1970 be and the same are hereby ratified, confirmed and approved In all respects as the acts of this corporation. There was a discussion of the financial needs of the Company particularly In relation to Its borrowing needs. Consistent with last year's policy. It was the consensus that the corporation should notify Its parent corporation, J. T. THORPE, INC., of any of its financial needs and arrange, if possible, for borrowings from the parent corporation rather than from financial institutions. After discussion, the following resolution was duly adopted unanimously: RESOLVED that all of the acts of the officers and of the Company from the date of the last Annual Meeting of the Board of Directors to the date of this Annual Meeting he and the same are hereby ratified, confirmed and approved ift all respects as the acts of this corporation. Mr. Shelden informed the Board that the branch office of the Company in Dallas opened on February 1, 1970, with V. Eldund as the Branch Manager. Mr. Proctor stated.the DallasiBranch i. would incur a small operating loss in 1970, but should reflect an operating profit in 1971. There was a discussion concerning a change in the date of the Annual Meeting of the Shareholders. After discussion, the following resolution was duly adopted unanimously: e RESOLVED that the provisions of the Bylaws of the . Company relating to the date of the Annual Meeting of the Shareholders be and the same is hereby aswnded to the effect that the Annual Meeting of the Share holders of the Company shall be held on the second Wednesday of April of each year, commencing with the. year 1W. * * There was a discussion concerning stock option grants under the Company's Qualified Stock Option Plan. After discussion, the following resolution was duly adopted unanimously: RESOLVED that the grants of stock options to the individuals specified below be and the same are here by ratified, confirmed and approved in all respects as the acts of-this Company; to wit: Employee Humber of Shares Lee A. Xleeman Gerald J. Nelson John Stephen^ 300 300 200 and be it FURTHER RESOLVED that the stock option price per share shall be equal to the net book value per share of the Company's stock at December 31* 1970, which this Board determines to be the fair market value of a share of stock of the Company. There was a discussion concerning additional warehouse space In Houston. After discussion, the following resolution was duly adopted unanimously: RESOLVED that Frank C. Shelden, Jr. be and he Is here by authorised and directed to retain architects <and ^ such other experts as he deems necessary or desirable for the purpose of planning an addition to the present warehouse facilities of the Company in Houston;*nd he is further directed to present such plana at-he next Annual Meeting of the Directors, or at any earlier Special Meeting of the Directors If feasible. There was a discussion concerning "Asbestosls", a malady involving scarring of the lungs. After discussion, the follow ing resolution.was duly adopted unanimously: RESOLVED that the proper officers of this'Company be and they are hereby authorised and directed to . do all things necessary and proper to protect the ' health of all personnel of the Company, Including a constant vigilance regarding their working con ditions and providing them with the best equipment available; and be it FURTHER RESOLVED that the proper officers be and they are hereby authorised and directed to'keep all dust collection systems up to maximum effi ciency and to lnvfstlgate the practices, procedures and dust collection systems of other similarly situ ated companies to the end effect that this Company's dust collection systems are the finest In the industry. There was a discussion concerning bank accounts of the Com pany. After discussion, the following resolution was duly adopted unanimously: RESOLVED that the persons indicated below be and they are hereby authorized to sign checks on Company bank accounts as so indicated, to wit: EXHIBIT "F" OFFICE CORRESPONDENCE r"OM M. P. PROCTOR JB FT t KJ JS JN WE GW GM FC OATe MAY 5, 1971 SUBJECT DUST ELIMINATION Beglnlng immediately we ere stepping up efforts to eliminate ell sources of dust In our shop end werehouee operetlons. In regerd to warehouses, we ere now using gasolln*. operated vecuua cleeners for floors rether then brooms. Brooms should not be used for sweeping. In tight areas where the vacuum will not reach, you should use a hose connection off the vacuum machine or off the dust collecting system. Particular attention should b paid to'handling and processing calcium sillcatf or any other insulating material containing 'asbestos fibrav During fabrication every effort should be made to collect all dust through the dust collection system. Modifying pipCsizes by cutting shall not be dona In the future without specific prior approval. Approved face masks shall be worn while fabricating, boxing, or nesting. Those responsible for the operation of the dust collection systems will make certain that they are in top working condition at all times. Any problems you may have finding parts or labor to repair systems, should be brought to the attention of the writer immediately. THOra-ttODQCTS COMPANY PROCTOR cc: P. C. Sheldon Jim Bruner Weldon Ecklund Jerry Nelson EXHIBIT "G"