Document gD67Nz92REx5O385jEokp8oMq

IS IKS UNITED STATES DISTRICT COURT SHERMAN DIVISION MARIAS DOWNS, Individually and as Executrix of tha Estate ) ) of Charlie E. Downs, Dacaasad ) ) ) ) JOHNS-MANVILLE CORPORATION, et al ) DOROTHY CASE, Individually and ) as Administratrix of tha Estate ) of Gian Wayne Gage, Deceased, ) et al ) ) VS. ) ) J3HN3-3ANVILLE CORPORATION, at al ) So. 73-145-CA Ho. S-78-155-CA PLAINTIFFS EXHIBIT JMMC-71 ' ANSWER OF DEFENDANTS JOHNS-KANVILLS CORPORATION, JOHNS-MASVILLS SALES CORPORATION, SUCCESSOR 31 MERGER WITH JOHN3-3ASVILLE PRODUCTS CORPORATIOS, JOH33-MASVILLE INTERNATIONAL, AND CANADIAN JOHSS-MANVILLE ASBESTOS LTD TO PLAINTIFFS' SECOND -SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF D0CU3ENT3 TO ALL ATTORNEYS OF RECORD: In accordance with Ralas 33 and 34 of the Federal Rules of Civil Procedure, Johns-Sanvilla Corporation, Johns-lanville-Sales Corporation, successor by merger with Johns-Manviila Products Corporation, Johns-.Manvilla International, Canadian Johns-Haaville Ltd. hereby answer PlaLatiff's Second Set of Interrogatories and Request for Production served on Defendants* counsel. Defendants reserve tha right to amend or supplement their answers if they find that inadvertent omissions or errors have baen made or if additional or more accurate information becomes availaole that is require! to be provided by Federal Rules of Civil Procedure. 1. Identify (a) tna person or persons who prepared the answers to these interrogatories; and (b) all persons who assisted in thair preparation. -1- SC-JMM-2110 A.N'S'JSR: This document is signed by 3. 3. '/on /laid. Corporate Counsel of Joaas-daaviLla Corporation and Vise Prasiiant and Corporate Counsel of Joans-danvilla Sales Corporation, Ken-Caryl Rancn, Denver, Colorado, (303) 979-1000, solely to satisfy the rules of procedure, as no single officer or agent of one or more of Defendants nas the exclusive knowledge or information required to supply the necessary answers. inswers were prepared from a number of sources; i.e., files and records of Defendant's various divisions and departments and interviews with various employees. The above signing officer has been informed that those files, documents and interviews support tae responses herein based upon a diligent search of available information conducted as of the date of signature. . 2. State when, if aver, you first became involved in the business of; (a) dining raw asbestos fiber; (b) Manufacturing asbestos-containing products; (c) List all plants or facilities where asbestos containing products similar to those manufactured at Denison are manufactured. &3S3ER: (a) 1915. (b) 1927. (c) Defendant objects to this subpart on the grounds that the same is overly broad, unduly burdensome and not reasonably calculated to lead to tae discovery of admissible evidence. However, in an effort to be responsive. Defendant Johns-Manville Sales Corporation, successor by merger with Johns--danville Products Corporation, states that the major manufacturing locations for asbestos-containing products are: '/faukegan, IJJ.inois; Long Beach, California and Hanville, New Jersey. Johns-danvilla Cocporaton and Johns-Hanville International Corporation do not manufacture asbestos-containing products. 3. (a) State your total annual sales, if any, in dollars and in tons for each year since the dates identified in response to Question 2 of:' -2- (i) Raw asbestos fiber; (ii) Asoestos-containing products. (b) -State roar total annual purchases. If any, in tons and in dollars for each year since the dates identified in response to Question 2 of: (i) Saw asbestos fiber; (ii) Asoestos-containing products. ftUSSlSl Defendants do not maintain such records. 4. (i) State hoe nay, if any, you operate of the following: . (a) Asbestos mines; (b) Asbestos mills; (c) Plants that produce asbestos-containing products (ii) State tha date of initial operation of all facilities listed in response to 4(i) a-c. ANSWER: Defendant objects to this Interrogator/ on the grounds that the same is irrelevant, immaterial ani not reasonably calculated to lead to tha discovery of admissible evidence in the case at bar, which involves the Denison plant. 5. State when you first operated the Denison plant. ANSWER; 1957. 5. Produce all your organizational charts pertaining to your overall corporate structure or to your organizational structure at the plant and all your annual reports since the plant was first operated. (Counsel agreed to produce organization chart in Denver luring deposition of Henry Belchar.) ANSWER: Defendant Jonas-Hanvrlle Corporation attaches as Exhibit A its current organizational chart. Defendants object to the remainder of the Interrogatory (unduly burdensome, not reasonably calcluatel to lead to admissible evidence. 7. State what products have been made at the plant since it was first operated and as to each product: (a) Give the dates during which you male each product; (b) State each substance used in the manufacture of eacn product; -3- (c) State ta what part of the plant earn product was made; (d) State in what parts of the plant asbestos was stored, handled, or used in the manufacturing process; (e) Produce all naps, caarts, or other writings showing or describing the floor plan of the Plant since it was first operated; showing or descrioing the flow of asbestos tnrougn the plant from first receipt to final shipment of the product; or otherwise showing or describing the manufacturing process in tne plant. aSSHESi. Defendant objects in part to this Interrogatory on the-grounds that the same calls for information on products other than asbestos-containing ones, which are not relevant in the case at bar. Notwithstanding said objection. Defendant states the Denison plant nas manufactured transite pipe, couplings and related accessory items. Cb) Such products contain asbestos fiber, Portland cement, silica and water--formed from slurry. (c) Area numbers indicated below refer to Plant Layout No. 7-30-7 attached hereto as Exhioit 3. Product Area Asbestos Cement Pipe 3, 4, 5, 6 Epoxy Lined Asbestos-Cement Pipe L couplings 8 Poam Insulated Pipe 9 Polyester-Fiberglass Pipe 10 Polyvinyl Chloride Pipe 10, 13 Epoxy-Fiberglass Fittings 11 Polyvinyl Chloride Injection Soiled Fittings 11 Epoxy-Fiberglass Reinforced Polyvinyl Chloride Pipe 12 -4- (d) Area 1 2 3 4 (pips) 5 (pips) 6 (pips and fiber) 7 (pips) 8 (pips) 9 (pips) 10 (pipe) (e) Defendant objects to this subpart as being overly broad and. unduly burdensona. However, in an effort to be responsive, Dsfendant answers as follows: Asbestos fiber is received by railcar or truck and stored in Area 1 or 2. The asbestos fiber is moved to Area 3 by forktruck. The asbestos is transferred from individual bag containers to a conveyor. The asbestos is combined with water, silica, and cement at two pipe forming machines (Area 3). The slurry is picked up on a continuous felt and transferred to a steel mandrel. The pipe is allowed to cure on a mandrel. The mandrel is mecnanically extracted. The pipe is transferred to Area 4 for further curing. The pipe is transferred to Area 5 for final cure in autoclaves. The cured pipe is moved to Area 6 for finishing by machining. The finished pipe is inspected and moved to Area 7 for storage or Areas 8 and 9. In Area 8, the pipe inside diameter is coated with a non-asbestos-containing substance. In Area 9, the pipe is insulated with a non-asbestoscontaining substance. In Area 10, the pipe inside diameter is coated with a second non-asbestos-containing substance. 3. Identify the following parson: (a) All managers of the plant since it was first operated; (b) All persons functioning as industrial hygienists at the plant since it was first operated; -5 (c) Ail parsons having my responsibility for the maintenance of healcn ani safety at the plant since it was first operated; (1) All onysicians, nurses, and nurses' aiis, whether they were your employees or independent contractors, who provided pre-employment physical examinations, periodic physical examinations, or treatment to employees at the plant since it was first operated; (e) All persons naving any responsibility for air quality samplings at the plant since it was first operated; (f) All parsons having any responsibility for the investigation or settlement of workmen's compensation claims at the plant since it was first operated. iiJSWSfii. (a) J. E. Hesse 1957-1964 ; 3. C. Eggleston 1964-1972 ' D. W. French 1972-1975 . L. I. Rirnacis 1975-1980 J. A. Lawrence 1980 (b) An industrial hygienist was not maintained at the Denison plant on a full time basis. Industrial nygLaae was carried out through the Johns-Sanville headquarters. (c) Sea Answer to So. 8(a) above. In addition, the following individuals had such responsibility: J. Z. Bradley I. H. Hankinson 3. 5. Burton J. I. Armstrong C. R. Smith <1. R. Arant J. 7. Andecson I. F. Page J. S. Kelly J. I. Largent D. C. Buckner (d) Pnysiciaas R. H. Brown i. H. Frietsch J. 3. Saunders i. L. Brown 5J. J. Elkins R. L. Rivera J. P. Tyson P. X. Swamy -6- M U 3TS 3 5 F. S . Gott 4 . B. Forbis H. J . Lovett 3. A. Williams S. P . Cantrell C. J . Holloway c. :< . Hc3ride 3. J. Fitzpatrick u . T. Krasz 1. F. Seitz D. A . Hitt (e) J. C. Bradley 3 . X. Woodson d. H. Hankinson H. 5. Burton c. S. Stelchek A. V. Chambers A. M. Curry L. 1. 311ison J . V. Anderson L. F. lassey (f) See Answers to subpart s (a) and (b) : Have you or any of your officers or emploj statei=2t5 at any time since the pLant was first operated concerning your knowledge or experience in the fiali of asbestos- ralatad disease? (a) Identify, as to eaca such statement: (i) The date and place the statement was mada; (ii) rhs substance of the statement; (iii) Taa person or persons who made the statement; (b) Produce all writings containing or pertaining to each such statement. . AMSWER: Defendant objects to this Interrogatory on the grounds that the same is overly broad, unduly burdensome and not reasonably calculated to Lead to tae discovery of admissible evidence. However, in an effort to be responsive. Defendant states tnat employees nave testified in conjunction with civil litigation and have presented statements of position both in writing and orally at vacious government hearings. Ml documents and statements relating to such proceedings are a matter of public record and are readily available to Plaintiff. 10. Hava you Known at any time since the plant was first operated of any alleged or assertei relationship between exposure to asoastos fibers and tae contraction of asbestosis? If so. -7- (a) Stata (i) Saat you understand the alleged or asserted relationship to be; (ii) Shea you first learned of this alleged or asserted relationship; (iii) Ihe manner ia which you learned of this alleged or asserted relationship; - (iv) Whether you nave concluded sacn a relationship exists and, if so, whan you concluded the relationship exists; (b) identify all persons in your employ who have any knowledge concerning such a relationship or the manner in which you learned of it; . (c) Produce all writings concerning such a relationship or the manner in wnicn yon learned of it, ftdSHEa: The Corporation becaae aware of the relationship between asbestos and the disease known as asbestosis among workers involved in mining, milling and manufacturing operations and exposed to high levels of virtually "\Q0% raw asbestos fibers over long periods of time ny the early 1930's, The Corporation has followed and become aware of the general state of t-aa medical art relative to asbestos and its relationship to disease processes, if any. . 11. Have you known at any time since the plant was first operated of any alleged or asserted relationship between exposure to asbestos fibers and tne contraction of lung caacec? If so, (a) Stata: (i) Saat you understand the alleged or asserted relationship to be; (ii) Shan you first learned of this alleged or asserted relationship; (iii) Tne manner in which yon learned of this alleged or asserted relationship; (iv) S'aetaer you nave concluded such a relationship exists and, if so, whan you concluded the relationship exists; _ -3- (b) Identify all parsons In your employ who have any knowledge concerning sunn a relationship or the tanner in which you learned of- it; (c) Produce all writings concerning such a relationship or the manner in whim yon learned of it. AN5W5R: As .to bronchogenic cancer, the first large-scale study indicating an increased inciience of bronchogenic cancer among individuals occupationally exposed to asbestos was Sir Richard Doll's study of asbestos textile workers in the United Kingdom. Subsequent to tae Doll study in 1955, Defendant and other asbestos producers undertook, to finance and support a large-scale epidemiological study tn North America as to the association, if any, between broncaoganic cancer and occupational exposure to asbestos. Such study oy Braun and Truaa is identified in Defendant's Answer to Interrogatory No. 37. Such study did not indicate the hazard described by Doll. Subsequent aai continuing research did, by the mii-1350's iniicate an increased incidence of broncaoganic cancer among individuals exposed to asbestos occurred virtually exclusively among individuals who also smoked cigarettes. 12. Hava you Known at any time since the plant was first operated of any alleged or asserted relationship between exposure to asbestos fibers and the contraction of mesothelioma? If so, (a) State; . (i) Nhat you understand the alleged or asserted relationship to he; (ii) Shan you first learned of this alleged or asserted relationship; (iii) Phe manner in which you learned of this alleged or assarted relationship; (iv) Whether you aave concluded such a relationship exists and, if so, whan you concluded the relationship exists; Cb) Identify all persons in your employ who have any knowleige concerning such a relationship or the manner in which you learned of it; -9- (c) Produce all writings concerning snoa a relationship or the manner in which you learned of it. AVSWER: Tna first study indicating an increased incidence of masotnelioma in relatioasaip to asoestos exposure was that of Wagner in South Africa in 1960. Mesothelioma was a virtually unknown tumor until approximately 1960 and the Wagner paper referred to above. While many causal relationship gjestioas still exist/ Defendant has accepted and acted upon the increased incidence of association referred to above since the same became confirmed by the medical/scientific community in the aid-1960's. Defendant objects to the balance of this Interrogatory on the grounds that the same is overly broad/ unduly burdensome and not reasonably calculated to lead to tie discovery of admissible evidence. , 13. Has any federal/ state, or local government agency ever set any standard for allowable asbestos dust concentrations in the air at the plant? If so, (a) State as to each such standard: (i) The date the standard was adopted; (ii) The name of the agency that adopted the standard; (iii) The dust concentrations the standard permitted; . (iv) The steps yoa took to comply with the standard and the procedures by which they were implemented; Cv) Whether the lust concentrations in the plant, after the standard was adopted, were lesser than, equal to, or greater than those the standard permitted; <b) Identify all persons involved in adopting steps and procedures to comply wita the standard; (c) Produce all writings concerning the adoption of each such standard and tne plant's compliance or non-compliance with the standard. AN'SWSR: Defendant objects to this Interrogatory on the grounds that the same is overly broad, unduly burdensome and not reasonably calculated to Lead to tae discovery- of admissible -13- evidence. However, in an effort to be responsive, Defendant states that the first thcashold limit valaa CTLV) for asbestos fiber in the United States was established in 1933 by the American Conference of Governmental Industrial Hygienists and was set at 5 million particles per cubic foot, 3-hour tine-weighted average. In 1963, ACGIH proposed a standard of two million particles per cubic foot or twelve fibers longer than five micrometers per cubic centimeter, eight-hour time-weighted average. Defendant than unilaterally adopted a standard of six fibers longec than five micrometers per cubic centimeter, eight-hour time-weighted average. In 1971, an emergency standard of 5 fibers longer than 5 micrometers per cubic centimeter as an 8-hour time-weighted average and 10 fibers longer than o micrometers per cubic centimeter maximum ceiling concentration was promulgated by 03HA and became their permanent standard effective June 7, 1972. This standard was changed July 1, 1976 oy DSHA to two finars longer than five micrometers per cubic centimeter as an eight-hour time-weighted average and ten fibers longer than five micrometers per cubic centimeter maximum ceiling concentration. 14. Have you ever adopted by your voluntary action any other standard or guideline for allowable asbestos dust concentrations in the air at the plant. If so, (a) State as to each such standard or guideline: (i) The date the standard or guideline was adopted; (ii) The dust concentrations the standard or guideline permitted; (iii) The steps yon took to comply with the standard or guideline and the procedures by whica tney were Implemented; (iv) whether dust concentrations in the plant, after the standard or guidelines was adopted, were lesser than, egual to, or greater than tnose the standard or guideline permitted; -11 - (b) Identify all persons involved in adopting the standard or guideline or in adopting steps and procedures to comply with it; (c) Produce all writings concerning the adoption of each standard or guideline and the plant's compliance or non-compliance with the standard oc guideline. ANSffER: See Answer to Interrogatory So. 13. To the best of Defendant's present knowledge, no other standards have been adopted at Defendant's Denison plant. 15. Have you, at any time since the plant was first operated, known of any ot.ier standard or guideline for allowable asbestos dust concentrations in asoestos plants developed by the American Conference of Sovecnmentai and Industrial Hygienists, the American Industrial Hygiene Association, the Industrial Hygiene Foundation, oc any other body? If so, (a) State, as to each such standard oc guideline; (i) Iha name and address of the body that developed the standard or guideline. (ii) The dust concentrations the standard or guideline permitted; (iii) The data when you became aware of this standard or guideline. (b) Identify ail persons at any time in your employ having knowledge of this standard or guideline. (c) Produce all writings concerning tnis standard oc guideline. ANSWER; See Answer to Interrogatory No. 13." 16. Have any representatives of any federal, state, or local government agency ever visited the plant to inspect health conditions or to measure asbestos iust concentrations in it. If so, (a) Identify as to each such visit; (i) Ine parson wno visited the plant; (ii) The date of the visit; (iii) 3hat inspections or measurements were performed during the visit; -12- (iv) Iha conclusions, recommendations, or comments expressed to pa by the parson making tna visit; (b) Produce alL writings daaling with each such visit, including the results of any testing or air sampling performed. VWSWER: This Interrogatory is objected to (overly Broad, not likely to lead to discovery of admissible evidence). However, in an effort to be responsive, periodic visits by governmental agencies have bean mala at the plant, without discovery of, or citation for, any condition association with the inaalation of asbestos dust in excess of the maxtmum allowable concentration set forth in the answer to Interrogatory So. 13. above. 17. Have any of your employees, any of your insurers* employees, or any other person ever measured asbestos dust conditions in the plant? If so, (a) Identify: (i) Ine data when the measurement began? ' (ii) The frequency of the measurement; (iii) The method of measurement used; (iv) Tie results of each measurement; (v) The persons responsible for tna measurement; (b) Produce all writings concerning the measurement and the results of the measurement. ^HSWSR: Dust concentrations nave been monitored periodically since the plant commenced operation. The identity of all persons talcing dust samples is not presently known; however, it is known that some samples ware taken by Hichael Burton in approximately 1960, and that sampling during the 1970's has been accomplished generally under the supervision of William Heitze. Defendants are currently searching for surviving mathematical indicators of asbestos exposure at the plant during the exposure periods alleged by the Plaintiffs. Such will be provided in the event that the information can be located. IS. Have any employees at the plant ever beaa represented by any union? If so, (a) State as to each such union: (i) The name of the union; -13- (ii) rha specific class of employees that it represented; (iii) Tha dates curing which it capcasatad these employaes; (iv) Whether each of the plaintiffs in this action was rapcasantal by tha union; (b) Idantify all officials of the union luring its representation; (c) Identify all union personnel having any responsibility for representing employees on matters concerning healtn and safety conditions in tha plant during tha union's representation. ANSWER: ` . (a) (i) International .Association of dartiinists (ii) Hourly production and maintenance employees (iii) First contract was effective October 21, 1953; new contracts have been negotiated upon expiration. Iha present agreement expires October 23, 1981. (iv) Unknown if plaintiffs were members of the union, but they were rapresantad by the Union. (b) Unknown. (c) Unknown at this tima. . 19. Has any contract with any union referral to in 3uestion 17 contained any provision relating to safety and health at the plant. If so, (a) State as to each such contract: (i) Tha date the contract was signal; (ii) Tha tarms of tha provision; (iii) Identify the union and management personnel responsible for negotiating the provision; (b) Produce a copy of tie contract and all writings concerning the negotiation and adoption of each sum provision. ANSWER: . (a) (i) See Answer to Interrogatory So. 13(a) (iii). -U- (ii) 5aa Article I, General Purposes, Paragraph I, of Labor Agreements, capias of which ara attache! harato as Exhibit C. (iii) All aamas of tae 3non and Managamant Negotiating Committees ara listed in the labor Agreements attached harato as Exhibit C. Cb) Copies of Labor Agreements are attacaad hereto as Exhibit C. Copies of writings concerning the negotiation ara not available. 20. Hava you had any conversations or correspondence with representatives of any anion referred to in Question 17 concerning alleged asbestos health hazards or the avoidance of tnam at the plant? If so/ (a) Identify, as to eaca such conversation or item of correspondence: (i) Its date; (ii) Tha parsons involved in the conversation or correspondence; ' (iii) Tha substanca of the conversation or correspondence; (b) Produce tha correspondance and all writings concerning it and all writings concerning any such conversation. A USHER: Any sum discussions would have bean general discussions only, with no existing documentation. 21. Have you racaivei any complaints from any representative or committee of any union referred to in'Question 17 or from individual workers about last levels or health conditions at the plant? If so, (a) Identify as to each such complaint: (i) Its data; (ii) The parson oc persons who mala the complaint; (ill) The parson oc persons to whom tna complaint was aaie; (iv) Tha nature or the complaint; (v) hat action, if any, you took in response to the complaint; -15- ' (b) Produce ill writings oncerning earn such complaint ASgWER: Any such discussions, if in fact tne saaa took place, would nave basn ganaral discussions only, with no existing documentation22. Has any epidemiological study or survey of employees at the plant ever been conducted?. If so, (a) Identify as to each such study or survey: (i) Iheiate when it was conducted; (ii) Its conclusions or recommendations; (iii) The persons who conducted it; (iv) Ida persons to whom the study or survey was communicated and when it was communicated; Cb) Proiuca all writings containing or pertaining to each study or survey. AKSWSq i. As Defendants understand the term "epidemiological study", such a survey has not been undertaken by Defendant at the Denison plant. Defendant assumes that this Interrogatory addresses the area of occupational disease. 23. Have you ever employed, or hired as an independent contractor, someone functioning as an industrial hygienist at the plant, whatever his title? If so, (a) As to each such industrial hygianist: (1) Identify him and state th.e dates during which he was employed or niced; (ii) State his duties; (iii) State all recommendations or comments that he aade concerning the operation of the plant or maintenance of healtnful working conditions in the plant; (iv) State what action you took in response toeach recommendation or comment; (b) Produce ail writings concerning tne incision to employ or hire an industrial hygienist; concerning any recommendations or comments any iniustrial hygienist made regarding the operation of the plant and maintenance of healthful working conditions in tne plant; and concerning your response to the recommendations or comments. -15- ANTHER See Answer to Interrogatory So. 8(b) 24. Have you evar employed, or hired as an independent contractor, someone functioning ad an industrial hygienist, whatever his title not Located at the plant wno raviawad health and safety conditions at tha plant? If so, (a) As to aach such industrial hygienist: (i) Identify him and state the latas during which he was amployad or hired; . (ii) Stats his duties; Ciii) 3tata whan, if aver, he visitad the plant; (iv) Stata all recommendations or comments that ha mads concerning tha operation of the plant or maintenance of healthful working conditions in tha plant; (v) State what action you took in response to aach recommendation or comment; (b) Produce alL writings concerning tha decision to employ or hire an industrial hygienists; concerning any recommendations or cemnaats any iniustrial hygienist made regarding the operation of the plaat and maintenance of healthful working conditions in tha plant; and concerning your response to the recommendations or comments. ANSjJEgi. The following indiviiuals have been involved in the field of industrial hygiane as the same relates to the use of asbestos and exposure to asbestos fibers: Hugh H. Jackson Director, Corporate Training and Sanagaraaat Development P. 0. Sox 5723 Denver, Colorado 80217 Employed by Johns-Sanville since 1937; cost accountant; Industrial Relations Department; Corporate Safety Engineer. Edmund a. Fanner Director, Environmental Services P. D. Box 5723 Denver, Colorado 80217 Employaed by Johns-danville since 1340; Research Engineer, Engineering Project Hanager; Founding Director, Environmental Control Department. -17- J. 3. Jobe 2800 South `Jnivecsity #64 Denver, Coiocaio 30120 Employed by Johns-Manville since 1933; sales clerk; staff manager; special representative to the aviation iniustry nationally; Regional Manager for Southern California and operated insulation contract unit; Marcaandise Manager of Industrial Insulation Division; Sales Manager, IID: Senior officer in caarge of five divisions including industrial insulation, packaging and frictions, Dutch. 3raai, Canada, and the Fibre Division and later International; Executive Vice President and Chief Operations Officer until retirement in 1973. K. a. Smith, M.D. Deceased Previously employed by Canadian Johns-Manville from 1944-45 as Medical Officer at Asbestos, P.Q.; Medical Director 1946-51. Medical Director, Johns-Manville Corporation, New York, New York, approximately 1952 nntil 1966. F. J. Solon , Vice President - Presidential Assistant Vice President - Economic Affairs P. D. Box 5723 Denver, Colorado 30217 Employed by Johns-Manville since 1951; Assistant Director, Director and Vice President, Advertising and Public Relations; Vice President Corporate Relations; Vice President Environmental Affairs; Vice President Environmental Relations. William B. Saitze Director, Health, Safety and Environment P. 0. Box 5723 Denver, Colorado 80217 - Previously employed by CI3A Corporation in the area of toxicology, pharmacology; inspector with 0. 5. Department of Healta; Industrial hygiene health and safety, Jonas-Manville since 1969. Clifford Sheckler 838 3. Drive . Metadeconk, New Jersey- Consultant Previously employed by Johns-Manville as Construction Engineer, Supervisor of Construction, Safety Engineer, Supervisor of Safety and Industrial Hygiene, Corporate Managec of Industrial Health, Manager of Jccupational and Environmental Control. Paul Kotin, M.D. Senior Vice President, Health, Safety P. 3. 3ox 5723 .Denver, Colorado Employed by Johns-Manville since and Environment June, 1974. Defendant objects to the balance of this Interrogatory on the grounds that the same is overly broad, unduly burdensome, and not reasonably calculated to Lead to tie discovery of admissible evidence. -13- 25. Havs you aver employed, or hired as an iaiapeadant contractor, any parson, othar than an industrial hygienist, who reviewed health and safety conditions at the plant? If so, (a) As to each such person: (i) Iiantify him ani state the iatas during which he was employed or hirad; (ii) State his duties; (iii) Stata all recommendations or comments that ha made concerning the operation of the plant or maintenance of healthful working conditions in the plant; (iv) Stata what action you took in response to each recommendation or content; (b) Produce all writings concerning the decision to employ or hire each such parson; concerning any recommendations or comments he made regarding the operation of the plant or maintenance of nealthful working conditions at the plant; and concerning your response to such recommendations or comments. ASSHER: Sea Answer to Interrogatory So. 24. In addition. Defendant has had a medical function beginning in the middle 1930*s. Since the middle 1930`s, this function was administered by John P. Syme, Director of Industrial Relations. Hr. Syme is deceased. . In 1947, a formal health and nedical program was initiated for the benefit of employees of Defendant, under the administration of H. J. Jackson, Safety Director, Jonns-Sanville Corporation, Ken-Caryl Ranch, Littieton, Colorado. Beginning in 1952, tae health and medical program was administered by 3. 3. Jackson, Manager, Industrial Health and X. a. Smith, S.D., helical Director. Dr. Smith is deceased. Beginning in 1960, tae health ani medical program was administered by C. L. Shacslar, Manager, Accident Prevention and Industrial Health and X. 7. Smith, M.D., Medical Director. Sr. Sheckler's address is 333 South Drive, Hetadeconk, Saw Jersey. -13- Beginning in 1965/ tie health and medical program was administered -by Z. L. Sharkler, Manager, Accident Prevention and Health Administration. Beginning in 1970 until 1972/ the health and medical program was administered by -- L. S'neckler, Xanager, Accident Prevention and Health Administration/ and T. H. Davison/ M.D., Corporation Medical Director. Dr. Davison's address is 2069 Deerfield Hoad/ Deerfield/ IlLinois. 3eginniag in November, 1972, to November 30, 1973, the health and medical program was administered by F. E. Marriner, H.D., Medical Director. Dr. Marriaar's address is Mallard Crossing, Ht. 11, P. 0. Box 290, Cainesville, Georgia 30501. Beginning in 1972 until June 1, 1974, the corporate medical and health program was administered by 8. H. Beitze, Manager, Accident Prevention and Health Administration. Beginning June, 1974 to date, the corporate medical and health program has been administered by Paul Kotin, S.D., Senior Vice President, Health, Safety and Environment. Beginning on July 1, 1977, William Paul, S.D. became Corporate Medical Director of Johns-Manville Corporation under Dr. Paul Kotin, with Dr. Kotin retaining all responsibilities as Senior Vice President of Health, Safety and Environment. 26. Have you ever employed, or hired as an independent contractor, any parson having any responsibility foe cacommending, adopting, or developing nealth and safety policies at the plant or elsewhere? If so, (a) As to earn such person: (i) Identify him and state the dates during which he was employed or hired; (ii) State his duties; (iii) State all policies that he recommended, adopts! or developed regarding health and safety, and state the date of each such recommendation or policy; (b) Produce all writings concerning the decision to employ or hire such a pecson; containing or concerning health and -2D- safety policies concerning the decision to adopt or develop each such policy; and concerning youx implementation of each such policy. AN'StfER: 3aa answers to Inter:oratories Nos. 2'4 and 25. 27. Hava you aver maintained at the plant a library or collection of books, articles, or other writings dealing with the health consequences of asbestos exposure? If so, (a) State; (i) The date you began maintaining the library or collection; (ii) The titles of all books, articles, or other writings in the library or collection; (iii) The date eacn book, article or.other writing was acquired; (b) Identify all persons who had access to the library or collection; (c) Produce all writings dealing with the decision to maintain such a library or collection. ' ANSWER; 3uch materials may have been maintained by various employees on an individual basis, out no formal library exists at the Denison plant. Company-wide policies relative to asbestos and health would have bean established by corporate personnel at Defendants' Headquarters, where such a library is maintained. 23. Have you ever maintained at a location otaec than the plant a library or collection of books, articles, or other writings dealing with tie health consequences of asbestos exposure? If so, (a) state; (i) The data you began maintaining the library or collection; (ii) The titles o all books, articles, or other writings in the library or collection; (iii) The date eacn book, article or other writing was acquired; Civ) Hhather personnel at the plant have or may obtain access to'the library or collection; -21- (b) Identify all persons vho had access to the library or collection; (c) Produce all writings dealing with t.ne decision to maintain such a library oc collectLon. AHS'rfEB; Yes. (i) Formally established with a full-time librarian in 1974, at Defendant's neadquarters in Denver, Colorado. (ii) A 700-page bibliography of the materials contained in this library is available for inspection and/or copying at the offices of Defendant's counsel. (iii) It would be impossible, as well as extremely burdensome, to state a specific date when Defendant acquired each document in said library. Generally speaking. Defendant has become familiar with the major publications on the subject of asbestos and health contemporaneously with their publication- (iv) res. (b) All employees of Defendant. <c) Defendant objects to this subpart as being ' irrelevant and immaterial in the case at bar. 29. Have any of your personnel at the plant ever subscribed to or otherwise received any periodicals or other writings pertaining to asbestos or to occupational health or safety? If so, (a) State as to each such periodical oc other writing: (i) The name of the periodical oc other writing; (ii) Toe dates during which it was received; (iii) Identify the person or persons who received it; (b) Produce all copies of the periodicals or other writings that were received. iSLSESSi Subscriptions may have been maintained on an individual basis by various employees, however, no specific records of same exist over such a long period of time, with the exception of the following: 0.-3. Smith began receiving "Asbestos Facts" beginning in June, 1980; F. S. Gott began receiving "Occupational Health and Safety" in 1978. Defendant objects to furnishing copies of same -22- on the grounds that they ira a satier of public record and readily available to Plaintiff. 30. Have any of your personnel who are located elsewhere than at the plant subscribed to or otherwise receive! at any time since the plant was first operated, any periodicals or other writings pertaining to asbestos or to occupational health or safety? If so, (a) Identify as to each such periodical or other writing: (i) The name of the periodical or other writing; (ii) The dates during which it was received; (iii) Identify the person or persons who received it; (b) Produce all copies of the periodicals or other writings that were receive!. ASSWSg.x las. It would be impossible for Defendant to state with certainty each publication received over such a long period of time by such a large number of employees. However, in an effort to be responsive. Defendant attaches hereto as Exhibit D list of subscriptions maintained by Defendant's Department of Health, Safety and Environment library. Defendant objects to Plaintiff's request to produce copies of all periodicals on the grounds that the same is overly burdensome, and on the further grounds that such publications are a matter of public record and are equally available to Plaintiff. 31. Have any of your personnel at the plant ever been members of, or attended any meetings of, any trade association or other organization concerned with asbestos, asbestos-containing products, or occupational health and safety? If so, (a) As ro eacn such person: ` (i) Identify the person; (ii) State the name and address of each organization to which na belonged or whose meetings he attended; (iii) State the daces during which-le belonged to each organization; . -23- (ivJ Stats the dates of any meetings of each organization tnat ha attended; (v) Stats whether he belonged to any committees of each organization and, if so, state the name of each committee and the dates during waits he belonged to it: <vi) State the name of any periodicals that he received from each organization; (b) Produce copies of ai.1 writings received from each organization. iiSSiuLL "anerally, such memberships were maintained at the corporate level, as sat forth in Answer to Interrogatory No. 32. In addition, Cecil Smith of the Denison plant has been a member of the Texas Safety Association, Inc., 5014 3ull Creel* Road, Austin, Texas, since 1977. Ha attended meetings from June, 1977 to the present. As to subparts (v) and (/i), no. 32. Hava any of your personnel located elsewhere than at the plant, at any time since the plant was first operated, been members of, or attended any meetings of any trade association or other organization concerned with asbestos, asbestos-containing products, or occupational Health a.id safety? If so, (a) As to eacn such person: (i) Identify the person; (ii) State the name and address of .each organization to which a a belonged or whose meetings he attended; (iii) State the dates during which aa belonged to each organization; (iv) State the dates of any meetings of each organization that he attended; (v) State whether he belonged to any committees of each organization and, if so, state the name of each committee and tne dates during wnich ha belonged to it: (vi) State the name of any periodicals that he received from each organization; (b) Produce copies of aLl writings received from each organization ANSWER Johns-rlanville belongs or has belongs! to the following organizations: Thermal Insulation Manufacturers 441 Lexington Avenue Sew lock., MY 10317 (approximately 1969 to present) Association, Inc. Sational Insulation Contractors 8630 Fenton Street Silver Spring, JD 20910 (10/66 - present) Assn. National Insulation Manufacturers 441 Lexington Avenue New York, NY 10017 (approximately 1958 - 1958) Association, Inc. Asbestos Information Association/Horth Suite 402 1835 K Street, ?.W. Washington, 9. C. 20006 (approximately 1971 to present) America Asbestos Textile Institute P- 0. 3ox 471 Willow Crove, PA 19090 (11/16/44 - 1973) Quebec Asbestos Mining Association Suita 412, 5 Place Ville Harie Montreal, Canada H3B 2S2 (approximately 1930 to present) Asbestos Cement pipe Producers Association Suita 1303 1600 Wilson 31vi. Arlington, 7A 22209 (approximately 1972 to present) Asbestos Cement Product Assn, (defunct) New York, NY (approximately 1955 - 1957) . Defendant objects to the balance of this Interrogatory on the grounds that the same is overly broad, unduly buriensome and not reasonably calculated to leal to tae discovery of admissible evidence. 33. Have you, as distinguished from any of your personnel, ever been a memoer of any trade association or other organization concerned with asbestos, asbestos-containing products, or occupational nealth and safety? If so, (a) As to each such organization, states (i) Its name and .address; (ii) The dates during which you belonged to it; (iii) The dates of any of its meetings that any of your personnel attended; -25- (iv) Noether you or any of your personnel belonged to any of its conmirtees and, if so, state the name of each such committee, and baa dates during which you or any of your personnel belonged to the committee; (v) Ail parsons currently employed in the division, office, branch, or department; (b) Produce alL writings concerning the decision to maintain such a division, office, arancn, or department; all annual or other reports male by such division, office, branch, or department; and all writings produced by it concerning the maintenance of healthful working conditions at any of your plants. ANSWER; See Answer to Interrogatory No. 32. Defendant does not understand Plaintiff's meaning in subparts (a) (v) and (b) of this Interrogatory aad therefore oojects to those subparts on the grounds that they are incomprehensible. 35. Have any of your officers or employees aver contributed to any trade, professional, or other periodical or association any article, paper, speech, or other writing concerning the properties of asbestos or the health consequences of asbestos axposure? if so, (a) Identify as to each such article, paper, speech, or other writing: (i) The author aad title; . (ii) Ina periodical or other form in which it appeared or was delivered; (iii) The date when it appeared or was delivered; (b) Produce a copy of each such article, paper, speech, or other writing and all documents pertaining to its preparation, composition, or ielivacy. ANSWER: Defendants object to this Interrogatory on the (a) Stata or identify, is to each sacn research project (i) The parson vno conducted the research; (ii) rha iatas whan the research was conducted; (iii) The nature of the research; (iv) rha conclusions or recommendations, if any, reached as a result of tna rasearcn; (v) The amount of money spent on the research; (vi) Tha full citations of any articles, papers, books, or other writings published or prepared as a result of the rasear ch ; (b) Produce all writings containing tne results of this research or pertaining to it. ANSWER; See Answer to Interrogatory No. 37. 37. Have you aver sponsored, contributed to, or cooperated in any research conducted by persons not employed by you into the health consequences of asbestos exposure or into methods of controlling asbestos dust? If so, (a) State or identify, as to each such research project (i) Cii) The parson wno conducted- tna research; / Tha dates whan the research was conduc ted ; C iii) (iv) The nature of the research; Tha conclusions or recommendations, if any. suit of tha rasearcn; (V) Tna manner ia whic h you sponsored,' contributed to, or cooperated in tae research; Cvi) The amount of money spent on tha research; and tha portion that you contributed; ' (vii) The full citations of'any articles, papers, books, or other writings published or prepared as a result of the research Jo'nns-Manville Corporation contributed funds to sponsor animal research on the affects of asbestos is at the Saranac Laboratory of the Trudeau Foundation in. up-state Sew York commencing in 1928. The funds were contributed by Defendant and/or 'Jonns-Manville Corporation in the fora of premium payments and assessments to the Metropolitan Life Insurance Company, which was the immediate sponsor. The amount of such contributions is not Known to, nor determinable by Defendant. In early 1931, a report of this animal experiment was published by Dr. Leroy V. Cariner (the original- director of this project) in Vol. 13 No. 3 (March 31, issue) of the Journal of Industrial Hvoiene.' This report is entitled "Studies on Experimental Pnaumonokoniosis. VI. Inhalation of Asbestos Dust: Its Effect Upon Primary Tuberculous Infection". A copy of such report is available for inspection and copying in the office of Dafeniant's counsel. In 1929, shortly after the launching of the Saranac studies. Defendant and/or Jonns-Manville Corporation and other companies in the asbestos industry asked the Metropolitan Life Insurance Company to determine whether asbestos dust was an occupational hazard and, if so, the nature of tae hazard and what could be done to control it. The amounts of Defendant's and/or Johns-Manville Corporation's contributions in the form of increased, premiums and assessments is not known to, nor determinable by Defendant. The Industrial Hygiene Division of the Department of Public Health of the MeJill University Medical School in Montreal assisted Metropolitan Life in tnis research. The results ware published in 1935 in the Public Health Reports, Vol. 50, No. 1, issued by the U. 3. Public Haaitn Service in an article entitled "Effects of the Inhalation of Asbestos Dust on the Lungs of Asbestos Workers" by undertaken at the Saranac Laboratory. The Quebec Asbestos Mining Association ("2AMA"), of which Johns-Manville Corporation w-as and is a principal member, contributed to this new research. A report on tnis research was delivered at the Seventh Saranac Lakes Symposium in 1952/ and was entitlei "Pulmonary Function Studies in Men Exposed for Ten or Mora Years to Inhalation of Asbestos Fibers" by Fernand Gregoice and George rw. Sright. A copy of such report is available for inspection and copying in the office of Defendant's counsel. _ Another report arising out of the industry-sponsored studies at Saranac Laboratory was entitled "Experimental Studies of Asbestosis". It was written by Arthur J. Vorwald, Thomas ii. Durkin and Philip C. Pratt, and appeared in the A.S.A. Archives of Industrial Hygiene and Peru national~Medicine in January, 1951, at Vol. 3, Page 1. A copy of this paper is available for inspection and copying in the office of Defeniant's counsel. In the early 1950's, an animal research project to investigate the reported association between asbestos exposure and lung cancer was begun at Saranac Lake and funded by 3AHA. A report entitled "Asbestosis and Pulmonary Cancer" by Arthur J. Yorwali was released in 1952. A copy thereof is available for inspection and copying at the office of Defendant's counsel. Another project was an epidemiological study of. lung cancer among asbestos miners in the Province of Quebec in Ganada. This study was also sponsored by QAMA, and, again Johas-Manville Corporation furnished a significant portion of the funding. The study was conducted by Daniel C. 3raun-and T. David Truan for the Industrial Hygiene Foundation of America, Pittsburg.!, . Pennsylvania. The stuiy was completed in 1957 and published in the June 1958, Vol. 17 issue of the A.M.A. Archives of Industrial Inter-tracheal injection expecimants on test animals ware conducted by the Industrial Hygiene Foundation of America (and completed in July, 1953) using asbestos fiber taken from a mine of JohnsSanville Corporation. Johns-aanville Corporation contributed $1,250 to this study. This study is entitled "The Pulmonary Response to Coalinga Asbestos Dust: A Preliminary Investigation", by Paul Gross, at al. A copy of tnis study is available for inspection and copying at the office of Defendant's counsel. Defendants have contributed tna time of personnel and data to a seven to tea year environmental clinical and epidemiological study of worxers exposed to asbestos which is now being conducted by the Division of Occupational Health of the United States Public Health Service and is entitled "Asbestos Industry Study: Q. S. Public Health Service". The following reports relate to and/or are based on such study: "Measurement of Asbestos Exposure" by Jeremiah 5. Lynch and Howard E. Ayer published in tae Journal of Occupational Medicine (January, 1953), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Research on Health Effects of Asbestos" by Lewis J. Cralley, et al., and published in the Journal of Occupational Medicine (January, 1968), a copy of which is available for inspection and .copying in the office of Defendant's counsel. 'The Role of Trace Metals in Chemical Carcinogenesis-Asbestos Cancers" by J. H. Dixon, et al., unpublished, out presented at the International Congress of Occupational Health, Tokyo, Japan, (September, 1969), a copy of which is available for inspection and copying in the office of Defeniant's counsel. '*Identification and Control of Asbestos Exposures" by Lewis J. Cralley, unpublisnei but presented at the International Congress on Occupational Health, Tokyo, Japan (September, 1969), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Techniques for tne Detection, Identification and Analysis of Fibers" by Robert C. Keenan and Jeremiah R. Lynch published in the American Industrial Hygiene Association Journal (September - October, 1970), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Fibrous ani Mineral Content of Cosmetic Talcum Pern acts" by Modified Inorganic Fibrous Micropactides" which was commenced November 1, 1969 and was completed October 31, 1970. The purpose of the study was to explore the development of new biological test systems for fibrous materials and to determine the effect on biological activity of asbestos fioer which has been coated with a variety of physical and/or chemical substances. A related study wnich was funiea by Johns-Maaville Corpo ration to the extent of $25,000 produced a report entitled "Asbestos Hemolysis" by R. J. Schnitzer and F. L. Punisack. (an employee of Defendant), which was reported in March, 1969 and published in Environmental Researca; January, 1970). A copy thereof is available for inspection and copying in the office of Defendant's counsel. Johns-Manville Corporation has contributed $70,000 to the Industrial Hygiene Foundation of America's "Fibrous Dust Study". The purpose of this program is to investigate factors involved in the pathogenicity of major varieties of asbestos fiber to determine the true nature of ferruginous bodies. Reports related to and/or based on this study include the following: "Proceedings Fibrous Dust Seminar" of the Industrial Hygiene Foundation -of America, publisaed in its Medical Series Bulletin So.__16-70 (Movember 22, 1968), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Experimental Asbestosis: The Development of Lang Cancer in Rats with Pulmonary Deposits of Chrysotile Asbestos Dust" by Dr. Paul Cross, at al., published in the Archives of Environmental Health, Vol. 16, (Sept. 1967), a copy of which is available for inspection and copying La the office of Defendant's counsel. "The Pulmonary Response to Fibrous Dusts of Diverse Compositions" by Dr- Paul Gross, et al., published in the American Industrial Hygiene Association Journal, Vol. 31 (March, April, 1973), a copy of which is available for inspection and copying in the office of Defendant's counsel. "'Ferruginous 3odies* in Guinea Pigs" by John 5. 3. Davis, et al., published in tne Archives of Pathology, Vol 89, (April, "Pulmonary Ferruginous Bodies in City Dwellers, A Study of Their Central Fiber" by Dr. Paul Cross, et al.r published in the Archives of Environmental Health, Vol. 19 (August, 1959), a. copy of which is available for inspection ani copying in the office of Defendant's counsel. "Ferruginous Bodies in Human Lungs", et al., published in the Archives of Vol. 17 (September, 1968), a copy of inspection and copying in the office by Michael D. Utidjian, Environmental Health. which is available for of Defendant's counsel. "Asbestos Bioeffects Research for Industry"-, by the Industrial Hygiene Foundation of America, Inc., published in its Medical Series. Bulletin io. 11 (1366), a copy of which is available for inspection and copying in the office of Defendant's counsel. 3AKA is sponsoring a study of the health effects of asbestos, if any, on workers in the asbestos cement manufacturing industry in the Haw Orleans area. The total funding of this study is $200,300 and Defendant and/or Johns-Manville Corporation is furnishing approximately $142,000 of the sum through 3AMA. In addition, Johns-ManvilLa ..Corporation is contributing time of its personnel. This study began in 1959 and is concentrating on the haaltn status of preseat and past employees in the plants of Defeniant and National Cyosum Company in and around Hew Orleans and has generated the following: "Asbestosis in interline, and (Oct. 1972), a copying in the Asbestos Cement Workers" by Philip S. Hans Weill, presented at LYON Conference, copy of which is available for inspection office of Defendant's counsel. and "Radiographic ani Physiologic Patterns Among Workers Engaged in Manufacture of Asbestos Cement Products, a Preliminary Report", by Hans WeiLl, et al., published in the Journal of Occupational Medicine. Vol. 15 (Mar. 1973) a copy of which is available for inspection and copying in the office of Defendant's counsel. "Lung Function Conseguences of Dust Exposure in Asbestos Cement Manufacturing Plants'* oy Haas Weill, at al., published in Archives of Environmental Health. Vol. 30, (February, 1975), a copy of which is available for inspection and copying in tne office of Defendant's counsel. The Institute of Occupational and Environmental Health of QAMA is conducting a stud.y to relace the health status of the 'Qualitative Aspects of Dust Sxposues in tha 2 uebec Asbestos lining and billing Industry" oy 3. W. 3ibbs, presented at th rhird International Symposium on Inhaled Particles, British Occupational Hygiene Society, London, (September, 1970), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Epidemiology of Primary Malignant Mesothelial Tumors in Canada" by A. D. McDonald, at al., published in CANCER Vol. 25, So. 4 October, 1970), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Mortality from Lang Cancer and Other Causes in the Chyrsotile Asbestos Minas and Mills of 2uabec" by Dr. J. Corbett McDonald, at al., published in the Arcnives of Environmental Haaltn, Vol. 22 (June, 1971), a copy of which is available for inspection and copying in tha office of Defendant's counsel. "Recent Developments in Asbestosis", by Dr. Pramysl V. Pelnar, published in Studia Laboris et Salutis (1970) a of which is available for inspection and copying in the office of Defendant's counsel. copy Johns-Manville Corporation also paid for certain studies by Dr. Kenneth K. Smith who was then a full-time employsa of said corporation. Reports of Dr. Smith's studies are as follows: "Asbestosis" printed in The Pneumoconioses by Kenneth W. Smith (approximately 1963), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Pulmonary Disability in Asbestos Workers" by Kenneth W. Smith printed in the A.M.A. Archives of Industrial Health. Vol. 12 (August, 1355), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Trends in the Healtn of tha Asbestos Worker" oy Kenneth W. Smith published in the Annals of the New York Academy of Sciences, Vol. 132, Article 1 (Dec. 1965), a copy of which is available for inspection and copying in the office of Defendant'^ counsel. . In January, 1977, Jonns-Manville Corporation contributed $250,000 to the Xt. Sinai School of Medicine to fund a mesothelioma treatment study and program. This was a cooperative effort by the Corporation and the Meat, Frost Insulators (Jnion with the Union contributing a like amount toward the funding of this Program. The director of the Program is Dr. Irving J. Selikoff (1) To develop imprrovai methods for minimizing inhalation by insulation workers of dust and fumes encountered in their work; (2) To disseminate knowledge of those improved methods of . dust and fume control wherever they may be applied advantageously; and (3) To offer cooperation, advice and assistance toward universal adoption of these methods. The Program Director is Irving J. Selikoff, M.D., Director of the Environmental Sciences Laboratory, Ht. Sinai School of Jfedicine, New fork, Saw lock. These studies have not been concluded. Reports have been published from time to time and circulated to the trade through the union and are presumably available to Plaintiff's attorney through the Director of the Program, Dr. Irving J. Selikoff. In 1969-1970 at Defendant's Research and Engineering "enter at Manville, New Jersey, tests v were conducted for the Insulation Industry Hygiene Research Program by Thomas J. Weeks and Allen F. Burns. A copy of the report on such tests entitled "Performance of Dust Respirators against a Fibrous Dust" by Messrs. Weeks and Burns, published in American Industrial Hyoiene Association Journal (day-June, 1970), is available for copying at the office of Defendant's counsel. Additionally, an epidemiological study of the biological effects of asbestos dust among the Port of Genoa ani LaSpezia Arsenal insulation workers, among others, is being conducted by the Clinica dal Lavoro, dilano, Italy, under the sponsorship of the Institute of Occupational and Environmental HeaLth, which Institute in turn is funded by the Quebec Asbestos dining Association. Defendant is the principal contributor to the funding of the Quebec Asbestos Hining Association. This study was Defendant, thcougn its membership in the National Insulation Nanuficturers Association, has fumed, in part, the studies conducted by Dr. Clar.-c Cooper, et al, at the University of California at Berkeley. The following have bean generated by this study: . "Industrial Hygiene for Insulation Workers", by J. Leroy Balzer, published in the Journal of Occupational Medicine (January, 1963), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Environmental Exposures in tie Insulation Iraie" by J. Leroy Balzer, published in SICA Outlook (April, 1970), a copy of which is available for inspection and copying in the office of Defendant's counseL. "Evaluation and Control of Asoestos Exposures in tne Insulating Trade", by Clark W. Cooper and J. Leroy Balzer, 2nd International Conference Biological Effects of Asbestos. Dresden, (1953), a copy of which is available for inspection and copying in the office of Defendant's counsel. "Asbestos In Helation to the Type of Fibre and Dose in the Insulation Industry", by W. Clark Cooper and J. Ifiedema, LlfDN Conference October, 1972), a copy of which is available for inspection and copying in the office of Defendant's counsel. . The first of the studies under the direction of Dr. Cooper, mentioned above, was published in the Journal of Dccuoational Medicine (January, 1953) and reported to numerous persons and entities including the Eleventh Annual Western Industrial Health Conference. The second study directed by Dr. Cooper, referred to above, was published in the National Insulation Contractors Association's magazine Outlook during or about 1970. 33. Have you ever maintained any research laboratory or division at the plant? If so, (a) State or identify: (i) The date when this research laboratory or division was established; (ii) The nature of the research performed there, including specifically wnether any research was conducted into the (iv) AIL parsons rfho have headed it since the plant was first operated; (b) Produce ail 'Writings dealing with tne decision to maintain the rasearrn laooratory or division. AHSUES: Sot to tie best of Defendant's present knowledge. 33. Have any of your personnel located at tne plant ever attended any conference, symposium, or other meeting concerned with tne health consequences of asbestos exposure, the proper methods of working with asbestos or methods of controlling asbestos dust? If so, as to each such conference, symposium, or meeting: (a) State or identify: (i) Tne person or organization that sponsored it (ii) The data and place it was held; (iii) lour personnel who attended it; (iv) All information provided there concerning the health consequences of asbestos exposure, the proper methods of working with asbestos, or mathois of controlling asbestos dust; (b) Produce alL writings distributed at or concerning the conference, symposium, or meeting. AjJSEBjL Defendant is unable to respond to this Interrogatory, as no documentation is available, with the exception of a meeting heLi in 198J, which is irrelevant in the case at bar. 40. Hava any of your personnel located elsewhere than at the plant aver attended any conference, symposium, or other meeting concerned witn the health consequences of asbestos exposure, the proper methods of wonting with asbestos or methods of controlling asbestos dust? If so, as to each such conference, symposium, or other meeting (iv) AIL information provided theca concerning the health consequences of asbestos exposure, the proper methods of working with asbestos, or methois of controlling asbestos dust (b) Produce aLL writings distributed at or concerning the conference, symposium, or meeting. A MSWEB: Defendant has attended many meetings and, to its knowledge, every significant seminar, conference or convention anywhere in the world where the biological effects of asbestos were discussed by the world's foremost authorities on the subject The following are tne major conferences where the subject of occupational health and exposure to asbestos was discussed; sponsoring organizations ace indicated where known. Oxford v-iea New York Cambridge Vienna Cincinnati Dresden Tokyo 1950 1954 1954 1965 L956 - 1967 - L958 1959 - Inhaled Particles and Vapours - 3ritish Occupational Hygine Society International Congress on Asbestosis - Chambre Syndicale ie I'Amiante , Biological Effects of Asbestos New York Academy of Sciences Inhaled Particles and Vapours II - 3ritish Occupational .-iygiene Society XV. International Congress on Occupational Health - Premanent Commission and International Association on Occupational Health . X-Ray - Meeting of Experts on Radiology of Asbestosis International Union Against Cancer (UICC) Siologische Hirkungen des Asbestes - East Sarmany Society of Occupational Medicine IVI. International Congress on Occupational Health - Permanent Commission and International Association on Occupational Health London (UK) Sardinia Cardiff 3acharast Halsin fci Buenos Airas Lyon Hontra al Geneva Brighton Edinburgh Rouen 1370 1370 1370 1371 1371 1372 1972 1373 1373 1375 1375 1375 Innaled Particles and Vapours III - British Occupational Hygiene Society deeting of tha Suo-Committee Intarnational Colloquium on Asbastosis - Permanent Commission and Iatarnational Association on Occupational Health, Subcommittee on Asbastosis and Symposium on tha Tissue Response to Asbestos - University of South Wales IVth International Pneumoconiosis Conference International Labor Organization (ILO) Geneva International Symposium on Safety and Health in Shipouilding and Ship Repairing International Labor Organization (ILO) Geneva IVII. International Congress on Occupational Health - Permanent Commission and International Association on Occupational Health _ 3iological Effects of Asbestos International Agency for Research on Cancer (IARC) Lyon Institute of Occupational and Environmental HaaLth - Fibres for Biological Experiments Institute of Occupational and Environmental HaaLth (I0EH), lontreal, Canada ILO (experts) - Asbestos: Health Risks and their Prevention International Labor Organization (ILO) Geneva XVIII. International Congress on Occupational HaaLth Permanent Commission and International Association on Occupational HaaLth Inhaled Particles IV - British Occupational Hygiene Society Symposium Pa.thologia de L'Amiante - "Centra Henri Paris 1377 Collogue - Amiante at Cancarogenese Humaina - ?? Washington 1377 Workshop on Asbestos: Definition and Measurement methods - ?? Montreal 1377 International Confaranca on Cancer and Environment. institute of Hematology and Oncology of Montreal Washington 1377 Occupational Exposure to Fibrous and particulata last and thair extension into tha environment - Society for Occupational and . Environmental Haaltn Johanaasburg 1377 Asbestos Symposium - Department of Sines, Government of the Republic of Soutn Africa New York 1378 Health Hazards of Asbestos Exposures - Ne York Academy of Sciences Dubrovnik (Yugoslavia) 1378 MIX International Congress on Occupational Health - Permanent Commission and International Association on Occupational Health Caracas (Venezuela) 1378 6th International Conference on Pneumonconiosis - International Labor Organization (ILO), Geneva San Francisco 1379 International Conference on Occupational Lung Diseases American College of Chest ? hysicians Lyon (France) 1379 3iological Effects of Mineral Fibres - International Agency for Research on Cancer (IABC), Lyon . " Cardiff (UK) 1379 Cardiff Workshop on In Vitro Easting - Medical! Research Counsil ?? at. Ste-aarie (Quebec) 1979 Workshop on Occupational Health Standards - Society for Occupational and Environmental Health . Los Angeles 1330 Medical and Legal Aspects of Asbestos Related Disease Jniversity of Southern California The proceedings of such conferences are matters of public (b) Provision of medical examinations for workers; - (c) Improvement of health conditions. ANSWER: Defendant's answer to (a) is split into two parts: (1) A/C (asbastos-caiant) dust, (2) Other last and fumes. Defendant's answer to (c) includes safety features as well as improved working conditions. Year A/C Dust Other Dust Fuse Nedical Exams Improved Health 1959 1960 1961 1962 1963 1964 1965 1966 1967 1963 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 $213,199 - 16,136 - 1,544 2,481 - 11,650 3,394 3,935 4,917 16,028 57,397 176,521 - 136,634 31,130 43,749 ---------1------- - $713 ,765 $ 6,600 15,587 - 885 1,639 2,563 4,515 9,459 3,222 29,664 23,909 - 8,071 38,799 ___38,045 $232,969 $ 19,410 Not Avail6,575 6,349 7,083 7,211 3,866 Not Avail. 4,561 7,910 8,756 9,054 9,071 11,106 14,404 14,779 15,500 15,428 30,351 74,377 69,941 $ 1,621 350 1,250 2,282 11,127 5,780 1,441 ' 2,006 7,897 7,411 11,400 13,185 21,005 10,378 2,491 1,500 - 7,447 - -- ____6,862 $335,732 $115,333 The amounts shown above do not include any of the expeniituras mala for tha regular routine maintenance of equipment because accounting records do not show that type of detail. "Improved Health" includes safety features as well as improved working conditions. 42. State the total amount, if any, in dollars that you spent for the following purposes at all your plants daring each year since the plant was first operated: (a) Dust control at your plants unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. 43. Have you ever installed any hoods, fans, sprays, bag houses, or other dust control equipment in the plant? If so, (a) State whan the dust control equipment was first installed in the plant, the nature of the dust control equipment that was then installed, and the nature of any modifications made in the dust control equipment since then; (b) State, as to each piece of dust control equipment that is currently installed in the plant: (i) The specific type of equipment; (ii) The manufacturer of the equipment; . (iii) The specific location where it is installed; Civ) The date when it was installed; (v) Its cost; (c) Identify all persons who have had any responsibility for the purpose, design, installation, or maintenance of dust control equipment at the plant since the plant was first operated; (d) Produce all writings dealing with the purchase, installation, operation, and maintenance cf dust control equipment at the plant. A5~-J5: Defendant objects to this Interrogatory on the grounds that the sane is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. However, in an effort to be responsive. Defendant answers in the affirmative and states the following.: (a) The Denison Pipe plant was designed in 1956/57 and constructed over 1357/53. Included in the original design was a com^l^t-- rust roll-rt;. o' ye4- .a " r*t~ a ^A - 1. AH-1 (.Toi)-7/1 0/59 Constructed dust enclosures over Monolithic Lathe, Mono Saw, Fitting Lathe and Boring Sill. 2. 13-135 (9/22/54) Added dust collector to tool room. 3. IP.-153 (3/4/55) Enclosed Finishing End Dust Collector. 4. IB-329 (7/22/6S) Dust Collector installation on d 0 a iitiie. 5. IR-330 (7/22/68) Three additional dust and sera? hoppers added. 6. IR-331 (7/22/63) Provide four dust blow-off booths. 7. IB-334 (9/24/58) Provide shed to wash off fiber pallets. 8. 13-349 (11/27/68) Add vacuum cleaner for willow area (cancels IR-335). , 9. 13-368 (7/15/69) Dust collector for shipping saw (wood/sawdust only). 10. IR-355 (3/25/69) Dust system booster (for added Finishing end dust/chip collection). 1-1. IR-404 (10/21/69) Addition of dust hoods to UPL #2. 12. 13-432 (1/30/70) Three additional dust and scrap hoppers added. 13- IR-U48 (4/23/70) Construct fiber pallet washing station. ' 14. EC-483 (2/2/71) Add Dust Collector for Lining Sanding probe. . 15. EC-512 (8/12/71) Dust Hood for 10* P/S Willow Dump Station. ' 16. EC-548 (10/10/73) Unloading equipment for truck unloading of fiber. 17. EC-577 (7/31/72) Purchase 3 vacuum cleaners for cr + sinr* r* _____ 20 EC-632 (12/19/72) Finishing Dust System revision and collector for Wheelsbrator. 21. EC-633A (11/1/73) Finishing "Booster Fan" Vacuum Cleaning System. 22. SC-645 (12/18/73) Supplied Air Respirator System - Dust Houses. 23. EC-669 (4/26/73) Central Vacuum System - Forming Dept. 24. R-721 (5/30/74) Replacement of lines in Negative Fiber Handling System. ' 25. E-817 817 S-1 (6/3/76) Modify Pipe Machine Willow Feeds. 26. EC-844 (8/30/76) A/C Dust Wetting Modifications. . 27. EC-845 (9/14/76) A/C Scrap Carts. ' 00 CM EC-769 Pneumatic Conveying System for finishing Dust. 29. EC-741 & 741 3-1 (4/24/74) Enlarge Finishing End Dust Collector. 30. EC-782 (5/2/75) Enclosed Gate for Upper P/M Mixers. ' 31. EC-913 (7/25/77) Dust Collector for Lining Sanding. probe. 32. EC-947 (12/16/77) Locker Room for Willow Operater. 33. CR-926 (9/15/77) PVC Mixer Dust Collector. 34 . IR-1043 (5/30/79) Enclose Willow Station. Technical or Znoinaarino Proiects were as follows: (Attachment 430 1. EP-119 (4/9/58) Evaluated Tornado Vacuum Cleaner. 2. EP-169 (10/28/71) Evaluate Dust Collection System at lining Sanding Probe. 3. ZF-170 (Sup-1/ 12/13/71) Evaluate n 1 iJPL Flextester 7 EP-359 C10/23/70) S/aluate Hood Respirator for Fiber Handling. ' It should oa notei tnat routine repair# maintenance, and updating of dust controlling systems occurred continuously and no specific substantiating documents are available. <b) The dust control equipment currently installed in the plant is summarized on Data Collection Information Sheets (Attachment 43D). (c) The following list of persons have had some responsibility for the purchase, design, installation or maintenance at tne plant: H.F. Lloyd - Purchasing X. Winaingar - Purcnasing W.W. BagwalL - Plant Engineer H.T. 3rode - Plant Engineer R.L. Batts - Plant Engineer . J.` Young - Purchasing 5. Riddle - Maintenance A. Templeton - Purcnasing R. 3urdaa - Purchasing 3. Hullett - Purchasing B. Adams - Purchasing . 3. Perry - Design . E. Clark. - Design D. Faber - Design w. Harris - Purchasing I. 3afcar - Purchasing 3. Moon - Matinenance C.C. Pascals - General Engineering Dept. 3. Seat - Maintenance (a) State: (i) The type of respirator asei; Cii) The nanufactarer of the respirators; (iii) The lata when respirators were first made available; (iv) Saethar use of respirators is mandatory, and if so, the date ass berime mandatory and the sanctions for failure to use a respirator; (v) Shat.iar each of the plaintiffs in this action ever wore a respirator; (vi) Toe terms of any advice or instructions given to employees at the plant regarding the respirators; (vii) The manner fay which any advice or instructions regarding the use of the respirators was given to employees at the plant; (viii) Shatter any of the plaintiffs in this action ware aver reprimanded or otherwise disciplined for failure to wear a respirator and, if so, by whom and on what date; (b) Identify all persons with any responsibility for the respirator program since respirators were first made available at the plant; -(c) Produce alL writings dealing with the decision to commence or maintain a respirator program, the puccnase of the ' respirators, their provision to employees at the plant, the advice or instructions given to employees at the plant regarding the respirators, and any disciplinary actions taken against any plaintiff in this action for failure to wear a respirator. HASSES: Yes. Hll available iocumentation as to the use of respirators at Denison is attached hereto as Exhibit E. The use of respiration devices is dependent upon the dose exposure. (v) Unknown (vi) Ins term of an/ advice given was to be in effect until improvements were made in the design oE the respicator of work conditions. (vii) The use of respirators was explained to individuals by their first line supervisor. Sew procedures were covered in Safety and floc.< Smarter meetings and instructions for proper usages were printed on the respirator containers. (b) Jack Hesse - Plant Manager Gil Eggleston - Plant Manager Dave Francn - Plant Manager Lou Richards - Plant Manager John Lawrence - Plant Manager (c) See Exhibit 2. 45. Hava you ever made any cnanges in the manufacturing or other processes in tne plant, or in other asbestos-related plants that you have operated, in order to reduce the amount of asbestos dust associated with tnesa processes? If so, (a) State or identify as to each such change: (i) ' The nature o the change; Cii) The date of the change and the plant in which it was made; (iii) 111 facts that led you to make.the change; (iv) Iha reduction in dust levels resulting from it; (v) Iha persons responsible for deciding upon and adopting the change; (b) Produce all writings concerning each such change. ANSWER: Defendants have been pioneers in the development of dust control processes, which processes were incorporated into its (i) Taa type of fiber you previously used and the suppliers of that fiber; (ii) The type of fiber you used instead and the suppliers of that fiber; (iii) The lata of the change and the plant in which it was made; ' (iv) AIL facts that led you to change the type of fiber; (v) The reduction in dust levels resulting from it; Cvi) The parsons responsible for deciding upon and adopting the change; (b) Produce all writings concerning each such change. ANSWER; lo the bast of Defendants' knowledge# the dust levels obtained under a given set of conditions are not dependant upon the type of asbestos fiber used. 47. Have you ever provided saowers or changa-of-clothing facilities for employees at the plant? If so, (a) State or identify: (i) The nature of the facilities provided; (ii) Whan they were first provided; (iii) Whetaar employees' use of them is mandatory and, if so, when such use became mandatory and the sanctions for failure to use the facility; (iv) The content of any instructions or advice given to employees to use them; (v) The parsons responsible for deciding to provide them; (b) Produce all writings concerning the decision to provide such facilities. (ii) Showers -- 1958 for any employaa to use in Hourly Locker Rooms. 1973 for Willow Operators only in Special Lockec Room. (iii) Use of Protective doting ani respirators is mandatory in areas as described in the attached P.D.3.S. 5.3.9.6-1? the usa of showers is not mandatory but recommended to Willow Operators. Sanctions for failure to use ara noted in P.D.O.H. 6.1.4.2 "Uniform application of Discipline". Page 3, Para. 8.0 "Failure to Waar personal Protective Equipment" p.D.D.M. 6.2.4.1, attached. . (iv) All operators are instructed (verbally) by their immediate Shift Supervisor to wear and use protective clothing and equipment provided by the Company. They are encouraged to use showers available to them in their Special Lockec Room. They ara further advised that violations of the P.D.O.a. 6.3.9.5-1 will rasult in disciplinary action. (v) This information is not presently known. (b) Any such writings could not be located. 48. Hava you ever ocovided madical examinations for workers at the plant? If so, (a) State or identify: (i) The date whea such medical examinations were first given? (ii) The reasons why such medical examinations were given? (iii) Ihe frequency with which each employee was examined ? (iv) Whether such examinations included x-rays and pulmonary function tests? J (v) Whether employees' participation in such (b) produce aLL writings concerning tae decision to give such medical examinations. ASS&ERi. les. (i) Since the Denison plant began operations, (ii) Company policy. (iii) pre-employraeat examinationsace conducted prior to hiring an individual. Regular exams were then offered ever two years until the D5HA regulation was adopted requiring yearly examinations foe thos working with asbestos. (iv) X-cays, and also pulmonary faactiqn tests as par OSRA mandate. (v) See Answer to subpart (iii) above, except in instances where employees refused to cooperate. (vi) Company physicians as set forth in Answer to Interrogatory So. 8. Defendant objects to the balance of this Interrogatory on the grounds that the same .is overly broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. . (b) No such records are still in existence, to our present knowledge. U9. Hava you ever maintained a training or orientation program for employees at the plant or at other asbestos plants you have operated? If so, .. (a) State or identify as to each such program: (i) The iata when the program began; (ii) Whether each of the plaintiffs in this action participated in the program; (iii) The terms of any information concerning health, safety, and tne proper metaods of working with asbestos given to persons participating in the program; (i) "Norfc Smarter" and Safety Meetings were held beginning with the operation of tha Danison plant in 1957. (ii) Yes. (iii) Dafaniant does not understand this subpart and therefore objects to Sana. (iv) The plant managers held each department head responsible for raguirai meetings. For tha most pact, front line supervisors conducted tha actual meetings. (b) Defendant has made a diligent search and has not located any such documents. In addition. New Smployaa Indoctrination programs originated in 1977; thesa meetings ware organized by R. Arant, Employee Relations Suparvior; N. Largent, Plant Trainer; Z. Smith, Safety and Environmental. 50. Hava you aver placed any posters, placards, or other writings in the plant to inform employees about taa health conseguencas of asbestos exposure or the proper methods of working with asbestos or controlling asbestos dust? If so, (a) State or iiantify as to each such poster, placard, or other writing: (i) Tha data it was placed in tha plant; (ii) Phe location in the plant whaca it was placed; (iii) All information provided in it; (iv) Iha parsons responsible for placing it in the plant; (b) Produce all the posters, placards, or other writings, and all writings concerning the decision to place them 51. Have you ever iistributai any writings to employees that deal with the health consequences of asbestos exposure or the proper methods of wording with asbestos or controlling asbestos dust? If so. Ca) State of identify as to each such writing: (i) Iha date it was distributed; (ii) All information provided in it; (iii) Whether each of the plaintiffs in this action received copies of it;* (iv) The parsons responsible for distributing it; (b) Produce all the writings and all writings concerning the decision to distribute them. AMSWE8: Defendant has distributed the following: A booklet entitled/ "What You Should Know About Asbestos and Health", published by Johns-Manville Corporation in January of 1975, a copy of which is available for inspection and/or copying at the ' office of Defendants' attorneys. Ibis booklet was distributed to all employees at all locations using asbestos fiber or handling products containing asbestos fibar. A booklat entitled, "What Every Employee Should Know About Asbestos", published by Johns-Manville Corporation in 1973, a copy of which is available for inspection and/or copying at the office of Defendants' attorneys. This booklet was distributed to all employees at all Locations using asbestos fibar or handling products containing asbestos fibar. A pamphlet entitled, "Recommended Safety Practices for Handling Asbestos Fiber", published by ' Johns-Manville Corporation in November, 1973, a copy of which is available for inspection and/or copying at the office of Defendants* attorneys. This booklat was distributed to all employees at all locations using asbestos fiber or handling products containing asbestos fiber. ' Since 1975, Defendant has made available a Catalog of Occupational/Environmantal Health and Safety Programs as listed below. All the publications. audio-visual programs and other A pamphlet entitled, "Occupational Health Guide Asbestos", oublishei by Johns-ManviLLe in 1976, a copy of whicn is available for inspection and/or copying at the office of Defendants' attorneys. This guide is designed as a reference for supervisory personnel. A 25-miaate slide/tape presentation on industrial hygiene programs at Johns-ilanvilla. A 20-minuta slide/tape program on health aspects of working with asbestos. A 25-minata motion picture on occupational health risks associated with asbestos fiber. A newspaper entitle.!, "The Asbestos Report", published by Johns-lanville in 1975, a copy of which is available for inspection and/or copying the office of Defendants* attorneys. at In addition, over tna several years last past, there have been many oral presentations and meetings at the plant level concerning safety practices relatei to asbestos exposure. Also, Defendant nas cooperated with the Asbestos Information Association in the production of tne following booklets: "Recommended Work Practices - Molding and Fabrication of Asbestos-Containing Plastic Products". "Recommended Work Practices - Fabrication and Use of Asbestos Friction Materials". "Recommended Work Practices - Fabrication and Use of Asbestos Paper Products". "Recommended Work Practices - Shop and Field Fabrication of Asbestos Sheet Products". "Recommended Work Practices - Use and.Handling of Asbestos Textile Products". Such booklets may be obtained from the AIA, 1500 L Street* M.W. Washington, D.C. 20035. Additionally, Defendants participated in 1971 through the Occupational Health and Safety Committee of the national Insulation Contractors Association in the preparation of a booklet entitled, "Safety Reminders". Suca booklet is available from MICA, 3630 Fenton Street, Silver Spring, Maryland 20910, at a cost (a) State or identify: (i) The name of each publication; (ii) The frequency of its publication; (iii). Ihe contents of all articles in it dealing with the health consequences of asoestos exposure or the proper methods of dealing with asbestos oc controlling asbestos dust; Civ) Jhetner each of the plaintiffs in this action received copies of the publication; (v) The parsons responsible for distributing each such publication; (b) Produce copies of aLl issues of each such publication distributed. ANSWER: The Denison Plant puolish.es a newsletter publication entitled "Pipeline - Intercom"; dates of publication vary. 53. Have you ever conducted any meetings, grievance sessions, or film shows at the plant dealing in whole or in part with the nealth consequences of asbestos exposure or the proper methods of working with asbestos or controlling asbestos dust? If so, (a) State or identify as to each such meeting, grievance session, or film show: (i) The date it was held; (ii) Ml information provided theca concerning the health consequences of asbestos exposure oc the proper methods of dealing with asbestos or controlling asbestos dust; (iii) Whether each of the plaintiffs in this action attended it; (iv) The parsons responsible for holding it; (b) Produce alL writings distributed at the meetings, grievance sessions, or film shows, all writings dealing with the decision to hold them and a copy of any film that was shown. (a) State or -identify: (i) Tta manner in which the employees were so informed; (ii) The iate when they were so informed; (iii) ML iaformatLon provided to the employees; (iv) Wnetaer each of the plaintiffs in this action was so informed; (v) The persons responsible for so informing the employees; (b) Produce alL writings containing such information or dealing with the decision to proviie it. A.8SW53: (a) Correspondence, booklets, notices, etc. (i) Bulletins, Work Smarter Meetings, Safety Meetings and Labor/Managemaat Meetings. (ii) Jnknown. (iii) Defendants can in no way remember or recount all such information over i 23 year period. Such of such information would necessarily have been verbal. Please refer to information on this subject produced in response to the Plaintiffs* Bequest to Produce. (iw) Glenn Gage had been informed, to the best of our information. (v) Employee Belations Manager., Department Head, General Foreman and First Line Supervisor. (b) Sea attached Monthly safety Meetings for years 1977-1979, identified as Sxhibit G. 55. Have any of your foremen, supervisors, or management personnel at the plant av=c received any formal oc informal training regarding the health consequences of asbestos exposure oc the proper methods of wording with asbestos or controlling (ii) All information provided theca concerning the proper metnods of wocxiag with asbestos dust or trie health conseguences of asnestos exposure; (c) Produce all documents regarding the training. ANSWER: Sea Answer to Interrogatory No. 49. Defendants have not yet located any surviving documents pertaining to information sought by this Interrogatory. Soma personnel have received training througn headguartars; Defendant, however, is unable to identify such persons at this time and over the time period in guestion. - 55. State, as to each of your present or former employees who is a plaintiff in this action: (a) Ihe data tie first worked in the plant; (b) All positions and locations in which ha has worked in the plant and the dates he worked in each position and location (c) The specific tasks ne performed in each position; Cd) The name and current address of his immediate supervisor in each position; (e) When you first became aware that he claimed to be suffering from an asbestos-related disease; (f) The manner in which you became aware that he claimed to be suffering from an asoestos-related disease; (g) Whether ha has file! a claim for workmen's compensation due to an asbestos-raLated disease and, if so, when the claim was filed, the docket number of the claim, and the amount of the award, if any, that ae received as a result of the claim. ANSWER: Attached as Exhibit 1 is a copy of the employment record for Nessrs. Downs and Gage. The interrogatory is otherwise objected to on the grounds that it seeks informatiaa already known in this action, concerning each such person's medical history, and concerning any workmen's rompensatron claim filed by each such parson? copies of all x-rays taken of each plaintiff; and all madical reports made to you or to each plaintiff concerning his medical condition. ANSWER: See Answer to Interrogatory No. 56. 58. Do you have any policy regarding the retention or destruction of corporate records or other writings? If so, (a) State: (i) Shea the policy was adopted; (ii) What the polrcy is; Cb) Identify all persons supervising tna retention or destruction of corporate records since the plant was first operated; (c) Produce alL writings describing the policy and its adoption. ANSWER: Yes. Documents are routinely kept for a period of five (5) years, although exceptions exist in respect to certain corporate madical documents due to applicable statutes and regulations. It is not known when such a policy was first implemented by Defendant; however upon information and belief. Defendant states that such a policy has existed at least since the 1940's. Defendant objects to the oalance of this Interrogatory as being overly broad, unduly burdensome, not relevant to or tending to lead to the discovery of information relevant to this litigation, and pertaining to documents sensitive to business operations of the defendant while pertaining in no way to any issue in these lawsuits. 59. List all suppliers to the Denison, Texas facility of: (a) Saw asbestos fiber? ii2.rt.Haj. A diligent search to date has resultei in identification of the following suppliers: Caps Asbestos Turner-SewaLl, ltd. Lake Asbestos United States Government, General Services Administration General Mining and Finance Corp. Ltd. Cassiar Asbestos Corp. Ltd. Central Asbestos Company. Ltd. Eternit Johns-Manvilla Defendants cannot state with specificity whether additional suppliers exist, by reason of direct supply of fiber to the Denison plant or through indirect supply through another Johns-Sanvilla plant. 50. State the use of each such product or fiber supplied to Denison facility for each year 1953 to 1979. A NSWER: Such fiber was used in the construction of transite materials. 51. State whether purchases of raw asbestos fiber and/or asbestos containing products were made by a purchasing agent at Denison or by a central purchasing agent. ANSWER; Generally by a central purchasing agent located at ' Johns-Manvilla World Haaiguartars. 52. List all purchasing agents or departments for the Denison, Texas plant and state their duty status: (a) At the time of purchase; ' (b) Currently. ` ANSWER: H.F. Lloyd has been the Purchasing Agent for the Denison plant since it began operations. ANSWER: io. 54. For every ysic of operation list all pro!acts raanufacturad at tha Denison* Texas facility. ANSWER: Sea Answer to Interrogatory No. 60. 55. Produce all purchase invoices* sales records* shipment vouchers, computer printouts, or other documents or indicia of purchase of asbestos fiber or asbestos containing products at the Denison facility for toe years 1953 through 1979. ANSWER: To the bast of our present knowledge* no such invoices or records exist pertinent to the period subject to these lawsuits. This Interrogatory is oojectea to insofar as it seeks such documents prepared subsequent to the last data of claimed exposure to asbestos or as aestos-containing products by these Plaintiffs on tha ground that such documents are not relevant to these lawsuits. 66. With respect to raw asbestos fiber purchased or supplied by any subsidiary or affiliated company of Johns-daaville* state when: (a) A warning label was first attache! to bags or containers of fiber; (b) A latter to workers was issued advising specifically of the risk of containing: (i) Asbestosis; . (ii) Lung cancer; (iii) Mesothelioma. ANSWER: Defendant placed warning notices on t'na packaging of its asbestos fiber. The warning labels and the dates of use are as follows: CAUTION CAUTION CONTAINS ASBESTOS FIBER AVOID CREATING DUST BREATHING AS3EST0S DUST HAY CAUSE SERIOUS 30JILY HARM (1372-1978) CAUTION CONTAINS ASBESTOS FIBERS AVOID BREAIHINS DUST 33SAT3I.Y3 ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM SMOKING GREATLY INCREASES THE RISK OF SERIOUS 30DILY HARM (1978-PRESENT) Use of warning labels was commenced during 1969. The label in use from 1972 to 1973 was prescribed by the Unite! States Department of Labor, Occupational Safety and Health Administration (OSHA) pursuant to 29 C.F.3. Sec. 1910.1001, such regulation being promulgated by OSHA in 1972. This label was revise! by Defendant to include a ao-smoitiag warning, implementation of which commenced in November, 1973. Dafeniant also places this warning on all bags containing asbestos fibec in five additional languages; i.e., French, Dutch, German, Spanish and Japanese. 57. State whether any company defendant in this litigation was a member of any trade association or association or organization of asbestos producer which this defendant was a member of and, if so, (a) List each such company defendant and organization. ANSWER: Defendant oDjects to this Interrogatory on the grounds that the same is overly bocad and unduly burdensome. In addition. Defendant states that the p>. oper source for such (a) Whether sail entity is still in existence; (b) Whether aai bow sail entity has baan purchased, merged, combined or absorned or taien over by another Johns-Sanville entity. ANSWER: Jonns-MaavilLa Products Corporation owned and operated the Denison facility from September 21, 1955 until December 31, 1975, at which time Johns-Nanville Products Corporation was merged into Johns-lanville Salas Corporation. 69. List all asbestos fiber types and grades and sizes employed in the manufacture of asbestos cement pipe at the Denison facility for each yaar of operation. ANSWER: Defendant objects to this Interrogatory on tha grounds that the same constitutes trade secrets. Defendant - objects further on tha grounds that the same is irrelevant and immaterial in the casa at bar. In an effort to be responsive, sea Answer to Interrogatory Mo. 46. ; 73. State whether bids or specifications are entertained or extended or accepted for asbestos fibers obtained from suppliers and, if so, whara records of same can be obtained. ANSWER: Defendant objects to this Interrogatory on the grounds that the same is irrelevant;, immaterial and not reasonably calculated to laad to tha discovery of admissible evidence. 71. With respect to raw asbestos fiber, stata. whether bids, sales or purchase or shipment or other records indicating raceipt or purchase of asbestos fiber are maintained: (a) Separately for the Denison facility; (b) Separately for tha Asbestos Cement Pipe Division for each year 1958-1983. ANSWER: Defendant objects to this Interrogatory on the grounds that the same is irrelevant, immaterial and not reasonably purchase, receipt or other indicia of the obtaining of asbestos fiber for use at Denison. ASSW5B: Defendant objects to this Interrogatory on the grounds that the same is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. 73. For each year of operatian at Denison, state with specificity the manner or method or: (a) Ordering raw asbestos fiber for Denison; (b) Ordering raw asbestos fiber for the Asbestos Cement Pipe Division; . (c) Receipt of bids or purchase orders, shipment records or other indicia oE purchase from suppliers of asbestos fiber to Denison; (d) Receipt of asbestos fiber to the Asbestos Cement Pipe Division. ' ASSW53; Defendant objects to this Interrogatory on the grounds that the same is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence. 74. State whether or not OSHA has ever reprimanded, cited, fined or sanctioned the Denison plant for violations of the Occupational Safety and Health Act, and if it has specify: (a) Ihe date of the inspection which lead to any such action; . (b) The data of the notice to the Denison plant of any such action; ' (c) The exact nature of such action; (d) Ihe amount of any fine assessed against Defendant; (e) The exact reason or reasons for any sjch reprimand, citation, fine or sanction; (f) Produce any all all notices of violations. WSWE3 i Defendant ao jacts to this Interrogatory' on tha grounds that tna sa.ua is overly broad, unduly burdensome and not reasonably calculated to lead to tie discovery of admissible evidence. This Interrogatory seeks information for beyond the issues reasonably related to these lawsuits. /O Dated this __day of Jantm-rr /^HT31. THOMPSON ,<-KN*E33r, o-I-ftaOifa 3trtf; By: _ j4 _______ Ittorney for Defendants Johns-Manville Zocporation, Johns-danville Sales Zorporation, successor by merger with Johns-danvilla Products Zorporation, Johns-danvxlle International, and Zanadian Johns-Manville Asoestos Ltd. 2300 Republic National Bank Bldg. Dallas, TX 75201 (214) 655-7500 AFFIDAVIT STATE OF COLORADO ) ') COUNTY OF JEFFERSON } ss:. . R. B. VON WALD being duly sworn according to law deposes and says he is Corporate Counsel of JOHNS-MANVILLE CORPORATION, a defendant in this action, that he is authorized to make this Affidavit on its behalf and that the facts set forth in the foregoing pleading have been supplied to him by others upon whom he relies and are true ana correct to the best of his knowledge, information and belief. R. B. VON WALD Sworn and subscribed to before me this day 1__________* 1981 My Commission expires Nov. 12,1984