Document pBOxYoQZVyZKg968grbpVOmR6

FILE NAME Niagara Insulation NIN DATE 2002 DOC NIN005 DOCUMENT DESCRIPTION Legal - Testimony of James Hawley with Exhibits 1 1 2 | STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA : 3 - - -------- -------- -------- -------- TERRY L. ADAMEC SR and 4 | DONNA J. ADAMEC his Spouse - PART III X : Index No. 105901 5 6 . -VS- Plaintiffs : INSULATION DISTRIBUTORS INC and 7 | NIAGARA INSULATION INC 8 Defendants : Jury Trial ee ee ed X 9 TESTIMONY OF JAMES M. HAWLEY 775 Third Street 10 . Before Niagara Falls May 28 2002 New York HONORABLE JAMES B. KANE 12 Supreme Court Justice and a Jury Appearances LIPSITZ & PONTERIO 14 15 16 BY MICHAEL JOHN P. 135 Delaware Buffalo New Appearing on A. PONTERIO ESQ COMERFORD ESQ and Avenue Suite 506 York 14202-2410 behalf of the Plaintiffs 14302 17 RENALDO MYERS & PALUMBO P.C. BY JAMES I. MYERS ESQ 18 350 Essjay Road Suite 200 Williamsville New York 14221 19 Appearing on behalf of Insulation Distributors Inc. , 20 - COLUCCI & GALLAHER ESQ 21 BY D. PATRICK GALLAHER ESQ and TODD C. BUSHWAY ESQ 22 2000 Liberty Building 424 Main Street 23 Buffalo New York 14202-3695 Appearing on behalf of 24 Niagara Insulation Inc. 25 Christine E. Myers CSR Official Supreme Court Reporter TESTIMONY TESTIMONY TESTIMONY OF ~~ JAMES HAWLEY WORKED wi ( ) ONBOARD UNGODLY UNGODLY MCCLAUSH MCCLAUSH MCCLAUSH - varon girl Banner Banner Age 4o of PLAINTIFF'S ; JAMES M. HAWLEY INDEX TO WITNESSES _ . Direct . Cross Ponterio Myers Cross Bushway . 11 32 Voir Dire 34 58 87 99 103 - INDEX TO EXHIBITS PLAINTIFF'S For Id - Stipulation Stipulation 1222 Letter 4/29/60 Lovell 1222 Page 2 of Exhibit 26 1222 10 Letter 5/4/60 Braund Sales 1222 Page 2 2 11 Marked by attorney 29-1 Local 4 Minutes 12 Article Asbestos .... Asbestos Worker article 30 40 ' 40 13 Asbestos Worker article. 42 14 DEFENDANT'S DEFENDANT'S . 15 Certificate of Incorporation 60 16 COURT'S , 17 Plaintiff's Pretrial Statement In Evd 221 221 221 | | | 34 ~ - I 52 18 19 20 21 22 23 24 25 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Stipulations Proceedings of May 28 2002. Whereupon Plaintiff's Exhibits 24 and 25 were then received and marked in evidence by stipulation of the attorneys Whereupon Plaintiff's Exhibits 26 26 27 and 27 were then marked for identification) 9:42 a.m. jury all'counsel present) THE CLERK Good morning ladies and gentlemen I'm going to call the roll Please respond Jurors polled : THE CLERK Let the record reflect the jury is properly seated all counsel and parties are present THE COURT Good morning jurors Are we ready MR PONTERIO Yes your Honor THE COURT Let's proceed MR COMERFORD At this time your Honor we'll read a stipulation entered between the plaintiff and Niagara Insulations in this matter It's been marked Plaintiff's 24 and is in evidence MayI approach the jury your Honor and read this THE COURT Okay Stipulations MR COMERFORD Defendant Niagara Insulations former president of the company Ray Braun was aware from April 29th 1960 that one of his employees James Cavanagh died August 8th 1959 and the cause of the death was found to be asbestosis by the New York State Worker's Compensation Board James Cavanagh died at age 57. James Cavanagh was employed by Niagara Insulations as an asbestos pipe 10 coverer insulator This stipulation is dated May 11 20th 2002 12 The second stipulation which is in evidence as 13 Plaintiff's 25 states It is hereby stipulated 14 that the following redacted letters dated April 15 29th 1960 and May 4th 1960 are deemed admissible 16 for the Adamec trial only The redacted letters are 17 annexed hereto 18 At this time I'd like to publish these letters 19 to the jury your Honor The first letter's dated 20 April 29th 1960. It's to Mr. Ray Braun Niagara 21 Asbestos Inc. Buffalo New York Dear Ray As 22 returning the notice of decision in the Cavanagh 23 case and as enclosing the report by Mr. Greenful 24 Greenfield who reviewed the facts at my request 25 Unfortunately this is a very serious disease and it 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 Stipulations is practically incurable Particles of asbestos dust once ingested continue their slow insidious tissue destruction through the years even though even though exposure may long have terminated If the exposure is slighats in guarded plants with excellent exhaust ventilation and use of adequate mask protection insufficient asbestos will be absorbed to destroy a vital amount of lung According to medical experts the average exposure before the appearance of the disease is 13.5 years It is well -- it is very rarely found with less than five years exposure irreparably increases after this duration and beyond the tenth year the likelihood of asbestosis is exceedingly great | And that is plaintiff's 26 Plaintiff's 26 states the last page With kind personal regards Sincerely Jack M. Lovell and again here indicated the Niagara Asbestos Inc. The next document that's stipulated is Plaintiff's 27 This is in evidence It's a page letter This is the first page It's dated May 6th 1960 from the Niagara Asbestos Company and it's to the Manville Sales Corp. Gentlemen You will recall we previously discussed 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Stipulations with you the problem of dust from J. M. Insulations and the very serious effect it was having in our meetings with asbestos workers One of our former men died August 8th 1959 and the cause was found to be asbestosis Since we endeavor to keep informed we asked Safety Management Company to check this out for us and attach hereto a complete copy of the report for your perusal We recognize the hazards of our industry and do provide safety equipment to I can't read the word it Here however is a problem much too large for a company such as ours yet the problem is likewise yours and the problem of all other insulation manufacturers The last is 27 We are specifically interested in knowing if you have had this problem elsewhere in the United States what have you done second line are doing in relation to asbestos dust in your products and if somehow industrywide something can be done to remedy the inequity of the liability and this Please give your consideration | early reply Signed by Mr. Braun At this time your Honor we'll seek to read in portions of the deposition of Mr. Braun the 6 Deposition of Mr. Braun Read by Plaintiffs Attorneys President of Niagara Asbestos that was taken in- 1983. I've provided copies to everyone but may I provide copy to your Honor THE COURT Yes The following questions were read by Mr. Comerford and the answers by Mr. Ponterio MR COMERFORD This has been marked as Plaintiff's 28 10 BY MR COMERFORD 11 Q. I'll start at page three Raymond Braun 34 12 Hendricks Boulevard Eggertsville New York after being duly 13 called and sworn testifies as follows Question And this 14 deposition again is dated April 26th 1983 Question For 15 whom are you employed 16 A. Niagara Insulations Incorporated 17 Q. In what capacity 18 A. President 19 Q. Next page page four And how long have you been 20 president 21 A. About eleven twelve years 22 Q. And how long have you been associated with Niagara 23 Insulation 24 A. Since 1938 25 Q. You've heard Mr. Ditmar testify earlier --" 7 . Deposition of Mr. Braun Read by Plaintiffs Attorneys A. Yes sir Q. -- that Niagara utilized asbestos products in its operation -T operations over the years | A. Yes sir is that correct | Q. What type of products did it NAME asbestos products did it use A. Basically all thermal insulation 0 Okay And would that be block pipe coverings 10 A. Block pipe.coverings pipe.coverings and boards 11 Q. And do you have any knowledge sir with respect to 12 the manufacturers of the various products purchased asbestos 13 products purchased by Niagara over the years 14 A. Yes I do 15 Q. Page 37 16 MR BUSHWAY Can you give me the lines John 17 because my pages appear to be a little off 18 MR COMERFORD Okay 19 MR MYERS I don't have a page 37 20 MR PONTERIO If you look the transcript is 21 actually -- | 22 MR COMERFORD It's page 20 23 MR PONTERIO GHRP separately paged This is a " 24 printout which is page 20 25 MR MYERS Page 20 .. 8 Deposition of Mr. Braun Read by Plaintiffs Attorneys MR COMERFORD Page 20 BY MR COMERFORD Q. And we'll staratt the top at the first line one Question Okay All the insulation that you utilized let's say the 1960's on contract jobs up to the time you stopped using containing insulation late 1960's whatever whatever it was what percentage of the total insulation you would use on a contract job would be containing 10 A. Oh you mean after the basic insulations were 11 asbestos free 12 Q. No. Before that 13 A. Before that 14 Q. Oh yes In the 1960's 15 A. In the 1960's practically all 16 Q. And of all the containing insulation 17 products that you may have utilized during the 1960's and 18 fifties tell me what if it was different in that time frame 19 too what percentage was purchased from Manville 20 Corporation 21 A. Practically all 22 Q. What's your best figure percent 23 A. 95 24 Q. So it's clear 95 percent of the containing 25 insulation your company used was Manville a g Deposition of Mr. Braun Read by Plaintiffs Attorneys A. Yes Q. That's your best estimate because you don't have those records today A. Q. 32 No. The next page in the transcript to go to is page . MR MYERS Which would be -- MR P^ NTERIO Top right corner If you 10 look at the page it'll say 32 11 MR MYERS Is that it 12 MR PONTERIO Yes 13 BY MR COMERFORD , 14 Q. In the 1960's did you -- did you ever have or 15 anybody from your company ever have any conversations with 16 anyone from Manvill aboe ut the asbestos being 17 hazardous 18 A. Not that I recall no 19 MR BUSHWAY I hate to interrupt What page 20 in the actual transcript as opposed to the -- I have 21 a full transcript 22 MR COMERFORD I don't have that one Read 23 that again please page 63 24 BY MR COMERFORD a 25 Q. In the 1960's did you ever have or anyone from your 10 Deposition of Mr. Braun Read by Plaintiffs Attorneys company ever have any conversations with anyone from Manville about the asbestos being hazardous A. Not that I recall no Q. Did you ever have any conversations in the 1970's A. With Manville Q. With Manville people regarding asbestos being hazardous . A. Not that I can recall no 10 Q. So do I understand then that your only knowledge 11 of asbestos being hazardous would be what information you 12 received from Manville regarding their own products 13 A. No. I would read trade journals and get information a 14 from other sources 15 Q. What journals have you reviewed 16 A. Back in those days 17 Q. Those days 18 A. Probably the Asbestos Worker is one that comes in 19 Asbestos Magazine is another one U.S. News and World 20 Report I can't think of what others there may have been 21 Q. The Asbestos Worker is that the paper put out by 22 the union 23 A. Yes Q. The next page it's page 34 and for Mr. Bushway who 25 has wita page 67 Question Now you've mentioned having these s 11 James M. Hawley - Direct - Ponterio files of worker's compensation claims filed against Niagara | Insulation When those files were claimed did you ever have any conversation concerning those claims with Manville A. No sir MR COMERFORD That's it Thank you MR PONTERIO At this time your Honor we'd like | to call Mr. James Hawley THE COURT OFFICER Good to the stand morning Mr. Hawley . 10 Look towards the court clerk please raise your 11 right hand put your left hand on the Bible 12 JAMES M. HAWLEY after being duly called and 13 sworn as a witness testified as follows 14 THE CLERK Thank you Mr. Hawley will you 15 state your name and spell your last name for the 16 court record 17 THE WITNESS My name is James M. Hawley 18 THE CLERK Spell your last name for me | 19 THE WITNESS W 20 THE CLERK Your address please 21 THE WITNESS I live in 21 Embassy Square in 22 Tonawanda New York 23 THE CLERK Thank you very much 24 DIRECT EXAMINATION 25 BY MR PONTERIO 12 James M. Hawley - Direct MMD Ponterio a Q. Good morning Mr. Hawley A. Good morning Q. Could you please tell us how old are you A. I'm 71 years old Q. And are you currently employed ' A. No. I'm retired Q. I'd like to ask you some questions about your previous employment What type of work were you employed in 10 A. I was an Asbestos Worker from -- 11 Q. And when did you first become employed as an | 12 Asbestos Worker ; 13 A. I started working in 1947 14 Q. And when did you formally retire from the work as an 15 Asbestos Worker 16 A. In 1986 17 Q. Mr. Hawley if I may I'd like to take the time 18 frame from 1947 to 1962 and ask you what type of work were 19 you engaged in as an asbestos worker from 1947 to 1962 20 A. I was employed on various construction jobs 21 generally applying insulation materials to all types of hot 22 and cold surfaces.. 23 Q. Can you briefly give us some background information 24 on what your general duties as an asbestos pipe coverer 25 consisted of during this 1947 to 1962 time frame 4 13 James M. Hawley - Direct - Ponterio A. It generally involved the application of insulation materials to pipes vessels boiler walls all types of equipment that needed some sort of insulation either for heat purposes or refrigeration Q. And Mr. Hawley what is asbestos A. Well it's _- it's a chalky material and the way we used it it came in various forms Q. What were the principal forms it came in 10 A. Well if you were applying it to pipes it would 11 come in long cylindrical tubes usually three three foot long 12 that were shaped to fit around the pipe formed to fit around | 13 it 14 Q. Did that have a name amongst the asbestos workers 15 What was that type of material called generally 16 A. You mean the shape 17 Q. Pipe covering 18 B It was pipe covering yes It came as block 19 material usually three foot long six inches wide and you'd 20 either put that on walls or anything flat surfaces or you 21 would cut it and fabricate it to fit around curved or round 22 surfaces 23 Q. Any other principal forms 24 A. The other form was in the form of what we would call 25 asbestos insulation cements and these would come in bags and 14 James M. Hawley - Direct - Ponterio we would mix it with water and it would be similar to concrete you might say that we would trowel it on to the surfaces irregular surfaces generally or on on elbows of pipes to give a smooth finished appearance Q. Let me just step back and ask you a little bit more general information about these three principal forms of asbestos that you used as a pipe coverer What did the asbestos insulating cement look like in the dry state 10 A. It was a coarse material similar to flour but a 11 little rougher A lot of bits and pieces of things in it 12 Q. | Can you run us through what physical steps you as an 13 asbestos worker took taking that asbestos insulating cement 14 from the bag and what the stages were until you applied it on 15 a hot surface 16 A. As you mentioned it comes in a bag and you'd open 17 the bag and generally if it was a large job you would have a 18 mud box or some sort of a box You would empty it in there 19 tip these bags out and empty them into the mud box or mixer or 20 whatever type of device you were mixing it in and then you 21 would add water to it and using hoe or sometimes just your 22 hand if it was a small amount you'd mix this with water until 23 it became pliable in plastic form that you could apply 24 Q. Let me ask you Mr. Hawley when you dumped the 25 asbestos insulating cement out of the bag what did the 15 James M. Hawley - Direct - Ponterio atmosphere look like A. It became very dusty This material just floated all around you Q. And did you personally during the 1947 to '62 time frame we'll focus on that did you personally do this type of work activity you just described with the asbestos insulating cement A. I did a great deal of it Yes 10 Q. Did the airborne asbestos burn at all when you 11 applied it 12 A. No. It didn't burn 13 Q. Did it have any offensive qualities to you as an 14 asbestos worker when you're working with this asbestos 15 insulating cement?. 16 A. It was a very irritating substance in that it hung 17 all around you in the air You you couldn't avoid breathing 18 it in as you were mixing it 19 Q. What color was this asbestos insulating cement when 20 it came out of the bag 21 A. Basically a gray gray whitish material 22 Q. And as an asbestos worker what was your 23 understanding what was the ultimate purpose of applying this 24 asbestos insulating cement to hot surfaces 25 A. Well it was to help retain the heat in whatever you 16 James M. Hawley - Direct edit Ponterio were insulating so the heat wouldn't escape and be wasted For safety touched by sometimes to keep the hot surface people and getting burnt from being Q. I'd like to briefly talk to you about the asbestos pipe covering that you mentione andd once again during this 1947 to 1962 time frame did you yourself sir personally apply asbestos pipe covering at various job sites A. Many times I did 10 Q. And what did the -- the asbestos pipe covering look 11 like if you can describe to us what did it look like 12 A. Well as I said it usually came in two half 13 cylinders that would fit around the size of the pipe you were 14 using It would be formed it would come formed to fit 15 whatever size pipe It was a white generally white grayish 16 material Looked very similar to chalk 17 Q. And how would you as an asbestos pipe coverer apply 18 the asbestos pipe covering on to hot pipes 19 A. Well just ~~ on straight runs of pipe you would just 20 start putting one half on each side of the pipe and adhering as 21 together with wires or bands or whatever was required and 22 you came to an elbow or some sort of a curved surface then 23 you would start you would have to take these straight 24 cylinders and miter them as we called it mitering and just 25 so that they'd start fitting around the curved surface d 17 James M. Hawley - Direct - Ponterio Q. What do you mean by mitering A. Well taking -- these things were just straight flat would tubes and you cut them larger on one side and smaller on |- the othesro that they'd start stepping around an elbow or a large sweep of a pipe Q. When you cut or sawed asbestos pipe covering what did the atmosphere look like A- It was always very dusty This material just clung | 10 all around you as you worked 11 Q. How did the asbestos pipe covering come packaged 12 A. Pipe covering generally came in three foot long 13 pieces and it would come in cardboard boxes and depending how 14 big or how small it was how many would be in a box 15 Q. And Mr. Hawley once again briefly I'd like to 16 talk to you about this containing block that you 17 mentioned and then we'll move on During the 1947 to 1962 18 time frame did you -- did you yourself sir have occasion 19 to apply containing block ; 20 A. Yes I did 21 Q. And what did the asbesto's block look like | 22 A. Well generally it came in three foot long pieces 23 and they were flat of course They'd be whatever the 24 required thickness you were using maybe perhaps two inch or 25 three inch in thickness usually six foot wide TOW or six 18 James M. Hawley - Direct QQLADI Ponterio inches wide long So you might say six inches wide by three foot a Q. What was the consistancy the feel of this asbestos block A. It was a spongy material It was soft I mean not too soft but it was soft enough you could you could ; manipulate it Similar as I say to if you can imagine blocks of just chalk you know you'd have in the school room 10 Q. How would you sir as an asbestos pipe coverer . s . 11 apply the asbestos block 12 A. Well again it would depend on what you were 13 14 15 16 applying it to but often it was put up againsta wall cause if it were a flat surface you'd have some sort of adherence to they'd weld nuts or something on the wall and you'd impale it on the nuts with wires and then fasten it sometimes 17 Q. Would you be called upon sir to ever cut or saw 18 this product 19 A. Well usually you had to do that yes 20 Q. And can you tell us what the atmosphere look when 21 like you cut or sawed this asbestos block 22 A. Well it became very dusty and you know and as I 23 say that cloud of dust hung around you like a cloud 24 Q. Sir as an asbestos pipe coverer did you belontgo 25 a specific union 19 James M. Hawley - Direct - Ponterio A. Yes I did Q. And what was the name of that union sir A. Locally it was called the Asbestos Workers Local * Number 4 Q. And during this 1947 to 1962 time frame were there various asbestos insulation employers in the Western New York ty area A. Yes there were 10 Q. And what is meant sir by an asbestos insulation. 11 employer 12 A Well to my way of thinking these were people that 13 in this area furnished insulation to people They arranged 14 for the installation it on projects where it was needed 15 Q. During the 1947 to 1962 time frame who were some of 16 the prominent asbestos insulation employers in the Buffalo 17 area 18 A. There was Niagara Asbestos Frontier Insulation 19 Insulation Distributors I think Buffalo Insulation 20 Distributors is their name There was Claxton Asbestos 21 Armstrong Cork then there were a few smaller contractors 22 Q. NOW sir as an asbestos pipe coverer can you tell 23 us how would you obtain employment with one of these asbestos 24 insulation employers What was the mechanism 25 A. Well I was a member of this Asbestos Workers Local 20 James M. Hawley - Direct - Ponterio Union 4 and they had an agreement with these contractors to furnish labor to them when they needed it They would call up the office of the union request X number of men and if it was your turn to go out you would be sent out to that job for that employer for that job Q. Now did there come a time sir when your status as an asbestos pipe coverer changed A. Yes I -- I became the elected business manager or 10 business representative for the union in 1962 I started 11 Q. Were you referred to as the business agent 12 A. Yeah That's like business agent was the one 13 term yeah Business manager had a little more class you 14 know 15 Q. Sure How long did you hold the position of 16 business manager for Local number ? 17 A. For ten years until 1972 18 Q. So from 1962 to 1972 19 A. Right 20 Q. Could you please provide us with a general 21 description of what your job duties as the business agent for | 22 Asbestos Workers Local Number 4 involved 23 A. Well I was the only time representative so 24 that it was my job to more or less oversee the welfare of my 25 members Go on the jobs check the jobs for safety If there 21 James M. Hawley - Direct - Ponterio were any problems on the job I would there I would try to mediate disputes between the employer and the member or the worker Just generally do anything that had to be done to smooth the normal work day Q. Now from 1962 to 1972 when you were business agent was there an employer's group A. Yes there was Q. And and what was the employer's group during that 10 time period and who were they 11 A. Well they were callecdomp they called themselves the 12 Asbestos and Insulation Contractors and Distributors 13 Association and they comprised of all of the insulation 14 contractors in this area 15 Q. Niagara was one of them 16 A. Niagara 17 Q. IDI : 18 A. IDI 19 Q. And as business agent for Asbestos Workers Local 20 Number 4 would part of your job require you to have 21 face meetings with management of these various 22 23 companies A. I often met with them yes 24 2 Mr. Hawley did there come a time when you sir. 25 first became aware of the health hazards related to the 22 James M. Hawley - Direct - Ponterio inhalation of asbestos dust A. Yes there was Q- And can you tell this jury when did you first became aware that there were health hazards related to the ! inhalation of asbestos dust A. In the first part of the 60's 1961 '62 I became aware that there was a definite problem Q. And can you tell us sir how did you become aware 10 of the health hazards related to the inhalation of asbestos 11 dust in 1961 1962 \ 12 A. Well our our general office which is -~ was 13 located in Washington which oversees all of theindividual 14 local unions had start -- started some programs in New York 15 City and New York -- and New Jersey and discovered that there 16 was a definite health hazard to our members and as they 17 explored this problem they disseminated the information out to 18 all the individual unions 19 Q. Did there come a time when you became aware that 20 asbestos dust could a cause fatal disease in death in 21 workers 22 A. Yes 23 Q. When did you first gain that knowledge that asbestos 24 dust could cause death in workers 25 A. I would say the early sixties again '60 '61 23 James M. Hawley - Direct 1 Ponterio Q. And how beyc ouobem coe me aware in the early 1960's that asbestos dust could cause death in workers A. Well as I say there was a survey being done in New York City and New Jersey and I learned a lot from that I had firsthand experience with our own members who were becoming sick were dying.. Q. Members of your union A. That's right They were becoming sick and dying and 10 it was obvious that they were suffering from some problem with 11 their work materials e 12 Q. Sir did there come a time when you as business 13 agent for the Asbestos Workers Local 4 began to have 14 discussions with the local insulation contractors about the 15 health hazards of asbestos dust 16 A. As soon as I took the job in 1962 I GHO that was one 17 of my goals to improve the conditions and I I did it 18 then 19 Q. And sir which local insulation contractors did you 20 have discussions with about the health hazards of asbestos 21 dust when you first became business agent 22 A. Well with all of the members of the association as a 23 group and individually and again these were Frontier 24 Insulation Niagara Asbestos Buffalo Insulation Distributors 25 and smaller ones 24 James M. Hawley - Direct - Ponterio Q. And the early 1960's did you tell these local insulation contractors what you had learned about the harmful effects of asbestos dust to workers A. Yes We were passing all the information on to | them Q. Mr. Hawley you were business agent of Local 4 to your knowledge did these local insulation contractors ever take steps to spread an awareness of the hazards of asbestos 10 dust beyond the workers in your local 11 MR MYERS Objection 12 MR BUSHWAY Objection 13 MR GALLAHER Objection 14 THE COURT Sustained 15 BY MR PONTERIO 16 Q. Sir when you first informed the insulation 17 contractors Niagara and IDI in the early sixties about the 18 harmful effects of asbestos what was their reaction 19 A. They contended there was no health problem that it 20 was a noxious material irritating to work with but it was not 21 harmful to your health 22 Q. Mr. Hawley did there come a time when you became 23 aware that workers in your local union were becoming sick from 24 breathing asbestos dust 25 A. Yes 25 _ *# James M. Hawley - Direct - Ponterio Q. And did there come a time when you became aware that workers in your local union had died from inhalation of ry asbestos dust A. Yes there was Q. Did you personally know these asbestos workers A. I knew all of them Q. Did you sometimes work with some of these workers A. I worked with many of them 10 Q. What typeosf asbestos products did they work with 11 A. Well again you mean such as block and www 12 Q. That's correct 13 A. -~ insulation pipe insulation with the various 14 cements ^' . 15 Q. When did you first become aware that workers in your 16 local union were dying from inhalation of asbestos dust 17 A. Well in the early sixties again I had firsthand 18 experience then with them 19 Q. Now sir in your capacity as business agent were 20 you required were called upon to attend worker's 21 compensation hearings on behalf of your members who were sick | 22 A. I was 23 Q. Is that one of your job duties as a business agent 24 A. That's right 25 Q. Before we get into any specifics in general when ^' 26 James M. Hawley - Direct - Ponterio you were business agent starting in 1962 who would be in attendance at these worker's compensation hearings A. Well generally the worker himself would be there if he was still alive If he weren't his perhaps widow or members of his family The hearing examiner would be there The other contractors involved who were involved in the hearing would have the right to be there + witnesses that might such as workers and and any of -- any that -~ who could 10 add some information would be there 11 Q. Did you know a gentleman by the name of Joseph 12 McLaughlin 13 A. I did 14 Q. Were you personally acquainted with Joseph 15 McLaughlin ; 16 A. Yes 17 Q. Would you recognize him by sight sir 18 A. Yes I would 19 Q. And what was Joseph McLaughlin's occupation 20 A. He was an asbestos worker journeyman 21 Q. And Mr. Hawley in your capacity as business agent 22 for Asbestos Workers Local 4 were you present at any worker's 23 compensation hearings regarding Joseph McLaughlin 24 A. Yes I was 25 Q. When was that worker's compensation hearing for 27 James M. Hawley GOPA Direct - Ponterio Joseph McLaughlin that you personally appeared at A. I went to one in 1964 Q. Were you physically present at this hearing sir A. I was Q. Was Mr. McLaughlin there A. Yes Q. Was Mr. McLaughlin's employer at the hearing in 19647 10 A. 11 Q. 12 A. - . Yes ; Which employer was that sir That was Buffalo Insulation Distributors They had 13 14 15 16 their representative there Q. And as business agent were you required as part of your duties to become familiar with what the worker's compensation claim was about 17 A. I tried to become familiar There are very very 18 involved rules but I tried 19 Q. Why was that 20 A. -- Well they havea Q. My question is why why as business agent were you 22 required to learn about the nature of the claim 23 A. Well soI could better help the person or worker if 24 he you know requested my help It's confusing and to a 25 layman going up there it's it's like a jungle you know So 28 James M. Hawley -WO Direct - Ponterio they needed help and I tried to give what help I could give Q. In 1964 sir when you were present what was the . nature of Joseph McLaughlin's claim | MR MYERS I'm going to object your Honor There's no record of any worker comp claim in 1964 There's been no documentation and for him to testify concerning a hearing for something in which even the Worker Compensation Board doesn't have any record 10 of I object to it 11 MR PONTERIO He was there judge 12 THE COURT He was there He can testify You 13 can examine 14 BY MR PONTERIO 15 Q. My question to you sir in 1964 what was the 16 nature of Joseph McLaughlin's claim 17 A. Well Mr. McLaughlin felt that the materials that he 18 had been working with over the years were causing him a 19 problem and he had filed a claim that -- for some 20 reimbursement for that compensation for his - Q. And was that asbestos materials 22 A. Yes it was 23 Q. At the hearing in 1964 at the Worker's Compensation 24 Board was there some resolution with this claim 25 .. Yes there there was ry 29 James M. 10000 Hawley Direct - Ponterio .Q You were present sir A. Yes Q. What employer was present A. It was Buffalo Insulation Distributors It was a Mr. Herbert McLaughlin who happened to be Joseph McLaughlin's son was there Q. And what was this resolution sir in 1964 A. The resolution as I recall it was that Buffalo 10 Insulation Distributors agreed to make the payments to 11 Mr. McLaughlin for his claim with the understanding that they 12 wouldn't be saddled with the ultimate responsibility for it 13 In other words they were not taking any blame for it but 14 they would pa it y and this was satisfactory to the hearing 15 examiner and all the parties 16 Q. As the business agent for your Local Number 4 did 17 you become aware of deaths of members of your local when they 18 occurred 19 A. Well most instantly I did yes 20 Q. Do you recall becoming aware of the death of Joseph | 21 McLaughlin | 22 A. Yes 23 Q. To the best of your knowledge did you learn of 24 Mr. McLaughlin's death on or about the day that he died 25 A. Yes 30 James M. Hawley - Direct - Ponterio | Q. In your capacity as business agent did you attend a worker's compensation hearing on behalf of the widow of Joseph McLaughlin A. I did Q. And sir when did you physically attend a hearing on behalf of the widow of Joseph McLaughlin A. I believe that was in 1969. I -- Mr. McLaughlin I believe died in '68 This was about a year later 10 Q. Did the asbestos workers union sir have a monthly 11 meeting 12 A. We did 13 Q. . And as business agent for Local 4 did you have any 14 special duties with respect to the union meetings 15 A. I was required to give report the business 16 agent's report of his activities for the previous month at 17 each meeting 18 Q. And sir I'm going to show you what's been | 19 marked -- 20 MR PONTERIO If we could -- what's the next 21 exhibit please 22 Whereupon Plaintiff's Exhibit 29 was then 23 marked for identification) e 24 BY MR PONTERIO 25 Q. Sir I'm going to show you what's been marked 31 James M. Hawley - Direct - Ponterio Plaintiff's Exhibit 29 for identificatiaonnd first I'll ask if you could please identify what this document is for us A. This particular three document is a copy of the minutes for a meeting that was held on Friday January 3rd 1969 two Q. And sir let me ask you if you could turn to page - | of that document could you identify what that is A- Page two There's - page two it just refers to the 10 financial -- oh 11 Q. Excuse me sir It's ~~. 12 A. Oh I see There's two page twos yes The page 13 two you're referring to is entitled the Business Agent's 14 Report for the January 3rd 1969 meeting This is -- 15 Q. And who was the business agent in 1969 16 A. I was 17 Q. Was that your report sir 18 A. That's right This was my report 19 Q. And was that report prepared by you as part of your 20 duties as a business agent for Local 4 24 A. It was 22 Q. And was that report prepared by you at or near the 23 time of January 3rd 1969 24 A. It was probably prepared that afternoon 25 Q. Is that your report sir % 32 James M. Hawley - Voir Dire - Myers A. That's right . Q. And can you tell us in the first paragraph what did you report on January 3rd 1969 MR MYERS Objection It's not in evidence MR PONTERIO I'll be glad to move it in | evidence your Honor MR MYERS THE COURT May I have a voir dire | Yes 10 VOIR DIRE EXAMINATION 11 BY MR MYERS 12 Q. Mr. Hawley Plaintiff's Exhibit number 29 the 13 Business Agent Report this is typed up Is this your typing 14 A. No it's not It was apparently retyped again by | 15 the recording secretary for that meeting 16 2. Do you have your origina4l99 strike that Did you 17 initially type it or did you do it in longhand | 18 A. I typed it 19 Q. Okay Do you have your typewritten report 20 A. No I don't _ 21 Q. Do you know what happened to your typewritten 22 report 23 A. . Well I had no need for them once I gave it to the 24 recording secretary and he made it a part of the minutes 25 Q. Do you know if the recording secretary changed that 33 James M. Hawley - Voir Dire - Myers your report A. No. He never changed it Q. Did you compare it word A. Yes Q. Do you know why he retyped it A. Well sometimes it was just for a matter of appearance if he had enough time If he didn't have enough time there were times when he took my report just as I typed 10 it and inserted it in the minutes I don't know why he did it 11 differently 12 Q. And sir just so that I understand it whenever you 13 made an appearance to the Worker Compensation Board would you 14 then report it back in terms of the Business Agent Report 15 A. Not every time no I I typed a report that I 16 thought was of interest to the members that would help them in ey 17 their day activities If it helped them I did If it 18 perhaps wasn't important to anybody I didn't 19 Q. And I notice there are two different page twos 20 here Do you know whether or not there was a page one that -- 21 in terms of your report 4 22 A. No. My butto I don't know that No. There was no 23 page one That was my report I only had that one page 24 Q. And by the way where where were these minutes 25 maintained 34 1 James M. Hawley - Direct - Ponterio 2 A. Well the office of the recording secretary if he 3 | had one was where they would be They had a large book a 4 | ledger they used to put them in each month as they were read 5 | and approved 6 MR MYERS Okay Your Honor I have no 7 objection 8 THE COURT Mark it in evidence 9 Whereupon Plaintiff's Exhibit 29 was then 10 received and marked in evidence 11 | DIRECT EXAMINATION RESUMED 12 | BY MR PONTERIO , 13 Q. Mr. Hawley I'm going to ask you to please read the 14 | first paragraph of your report that you issued on January 3rd 15 | 1969 for us 16 A. It reads Noted that Brothers Andy Jenkins Oliver 17 | Graham John Clark and George Coulter appeared and testified 18 | at the recent Workmen's Compensation Board hearing on behalf 19 | of Brother Joseph McLaughlin's widow Due in large part to 20 | their testimony that Brother McLaughlin was exposed to 21 | hazardous dust during his employment with B.I.D.I. and E. J.| 22 | Eddy the board's hearing commissioner authorized a partial 23 | award to his widow* This case is continuing 24 Q. And B.I.D.I. who is that 25 A. That's Buffalo Insulation Distributors 4 | 35 James M. Hawley - Direct - Ponterio Q. And Mr. Hawley were you physically presenatt the worker's compensation hearing concerning the death of Joseph McLaughlin A. I was Q. And which employer was present at that hearing A. A representative of Buffalo Insulation Distributors was there Mr. McLaughlin again Q. Did you also testify at that worker's compensation 10 hearing 11 A. Yes 12 Q. On behalf of the widow of Joseph McLaughlin 13 A. I did 14 Q. And was an award made back then 15 A. Yes 16 Q .. And to your knowledge who was the award made | 17 against 18 A. To his st oh it was against Buffalo Insulation 19 Distributors 20 Q. Sir did there come a time you became aware of the 21 disease asbestosis 22 A. Yes 23 Q. When was that sir 24 A. Well again as soon as I assumed this job it became 25 very obvious it was a problem with the -- 3.6 James M. Hawley ~ Direct ato Ponterio Q. And did you communicate your knowledgoef the disease asbestosis to the contractors who were part of the employer's association A. I did Wow WowWow Wow Wow Wow Wow Q. And that would include Niagara A. All of them | Q. IDI A. Yes 10 Q. . Starting in the 1960's 11 A. Yes 12 Q. Sir did you know a gentleman by the name of James 13 Cavanagh ' 14 A. I did ' 15 Q. Did you know Mr. Cavanagh personally 16 A. I did .I worked with him many times when I was 17 still working with the tools 18 Q. What was Mr. Cavanagh's occupation 19 A. He was an asbestos worker journeyman 20 Q. Did Mr. Cavanagh have any standing insulation. contractor he worked for 22 A. He almost exclusively worked for Niagara Asbestos 23 Q. Is Mr. Cavanagh alive 24 A. No. He's dead 25 Q. When did he die sir 37 James M. Hawley spy Direct ~- Ponterio A. I believe he died in approximately 1958. I _- Q. Do you know what he died of A. He died of asbestos materials exposure Q. Mr. Hawley addition to the employer's association meetings can you tell this jury what was the trade board A. Well the trade board was a combination of the Asbestos and Contractors Employer's Association and the 10 union It was Age the union's people were generally there 11 officers presidents myself vice president Their executive 12 board and the employers were made up of all the various local 13 employers at that time 14 Q. When you say employers what type of employers 15 A. Well the asbestos contractors and insulation people ' 16 that distributed it 17 Q. Did that include Niagara 18 A. Yes 19 Q. And Insulation Distributors 20 A. Yes 21 Q. And as business agent starting in 1962 were you 22 required to participate in trade board meetings on behalf of 23 your union 24 A. I was 25 Q. And was it part of the regular course of your oe 38 James M. Hawley - Direct - Ponterio business to attend meetings of the trade board on behalf of your union A. Yes Q. How often did the trade board meetings take place A. Well they scheduled four meetings quarterly a year but we often met for other purposes if there was a disagreement or some kind of a dispute or something that would. benefit the industry or we also met for negotiating our 10 contract periodically 1971 Q. 11 Sir when you were business agent from 1962 to 12 were the local insulation contractors Niagara and Buffalo 13 Insulation part of the trade board 14 A. They were 15 Q. And sir when to your personal knowledge did 16 discussions upon the health hazards of asbestos dust first 17 take place at trade board meetings 18 A. Well when I assumed the job in 1962 as I said I 19 made this sort of a goal to move this along and I I know that 20 it started then as far asI was concerned 21 Q. Sir who was Dr. Irving Selikoff 22 A. Well he was a meal a known doctor He was 23 associated with the I believe Mt. Sinai Hospital in New York | 24 City and GLEY 25 Q. And -~ ' 39 James M. Hawley ~- Direct - Ponterio A. Go ahead 0 And did meet personally meet Dr. Selikoff A. Yes wow Q. When did you first become aware of Dr. Selikoff A. Well as I mentioned earlier our international association gave him some sort of grant to make a study in the New York City and New Jersey area of the unions there and they discovered that there was a serious problem facing our 10 people 11 Q. And sir when did you first become aware of those 12 findings by Dr. Selikoff 13 A. Well our international association started sending 14 out communications to all the individual unions in the country 15 and we have a journal that comes out I think that comes out 16 quarterly they would send these things out 17 Q. What time frame 18 19 20 21 A. Well it was four times year in January and -I can't break them down but four times a year time Q. But my specific -- what frame did you first become aware of Selikoff's findings 22 A. Oh This was in 1961/62 23 Q. And did you communicate yourself personally sir 24 the findings of Dr. Selikoff to Niagara and Buffalo Insulation e 25 management 40 James M. Hawley - Direct A Ponterio A. did -HOLY CRAP Q. Sir going to show you what's been marked -- MR PONTERIO Let's mark this please Whereupon Plaintiff's Exhibit 30 was then BY MR marked for identification) _ PONTERIO Q. Sir I'm going to show you Plaintiff's 30 an article entitled Asbestos Exposure and Neoplasia by Dr. 10 Selikoff dated April 6 1964 and ask have you seen that 11 document before 12 A. Yes I have 13 Q. Can you tell this jury when was the first time you 14 saw that documenbty Dr. Selikoff on asbestos and cancer 15 A. Well it it appeared in our our journals I 16 mentioned circulated throughout all the unions in the country 17 Q. When was that 18 A. Well again in 1964 and leading up to it even 19 because he was developing you know this then . 20 Q. Sir I'm going to -- 21 MR PONTERIO Let's mark this please 22 Whereupon Plaintiff's Exhibit 31 was then 23 marked for identification) 24 MR MYERS Is that another article by 25 Selikoff 41 James M. Hawley - Direct - Ponterio MR PONTERIO BY MR PONTERIO * Yes Q. Sir I'm going to show you what's been marked Plaintiff's Exhibit 31 and ask if you could identify what this is for us and the date sir ^' A. Well this is a photocopy of the journal I referred to that goes out quarterly to all of the local unions in fact actually to every member they get one and it's more or 10 less -- 11 Q. What's the date of that journal 12 A. It's November of 1964 13 And what article is included in that 14 A. Well again they've got this article by Dr. 15 Selikoff that he had given at I guess our general 16 convention 17 Q. On asbestos and cancer . 18 A. That's right 19 Q. And sir did you communicate Dr. Selikoff's article 20 on asbestos and cancer to Niagara and Insulation Distributers 21 Inc. management at the time in 1964 when you received it 22 A. Yes 23 Q. In addition to yourself and your members sir did 24 the insulation contractors Niagara and Insulation 25 Distributers Inc. also receive the Asbestos Worker magazine ; 42 James M. Hawley - Direct - Ponterio A. They received everything that was sent out to our members and to myself even some things that I didn't know they were receiving Q. Sir did there come a time when Dr. Selikoff's group actually came to your union the Local4 workers in Buffalo and conducted examinations regarding their health A. Well not Dr. Selikoff We were contacted by a Dr. Albert Rosso He was an assistant director I believe of the 10 New York State Department of Industrial Hygiene and he said 11 they had become concerned based on Dr. Selikoff's work and 12 they wanted to conduct a study here of our people in Buffalo 13 to see how it stacked up against the other reports they were 14 getting 15 Q. What year was this 16 A. I believe this would have to be in 1964/65 into -- 17 MR PONTERIO Sir I'm going to mark this 18 please 19 Whereupon Plaintiff's Exhibit 32 was then | 20 marked for identification 21 BY MR PONTERIO 22 Q. Sir I'm going to show you what's been marked 23 Plaintiff's Exhibit 32 and ask if you could identify that for 24 us please 25 A. Again this is a copy of a photocopy of the journal 43 s that was sent James M. Hawley cuda Direct - Ponterio . out to the workers and employers and people interested in the trade Q. These are insulation employers A. Yes Q. And what's the date of that journal A. November 1965 Q. And what -- who worked - which workers were being examined in 1965 10 A. Dr. Rosso was conducting this examination of our 11 members from Local here in Buffalo 12 Q. And was Niagara and IDI aware of those studies | 13 A. They were 14 Q. They received that journal -- 15 A. Yes 16 Q. -- in 1965 And were any of your members of your 17 specific local becoming very sick due to asbestos 18 A. They were 19 Q. Mr. Hawley I'd like you to assume we heard in opening statements from Niagara Insulation and IDI's attorneys 21 that there just aren't people around anymore with knowledge of 22 what was going on in the 1960's Sir let me ask you have 23 you ever received any telephone calls from Niagara * 24 Insulation's President John McKendry about coming in and 25 testifying in court 44 Colloquy MR MYERS Objection MR BUSHWAY Objection THE COURT He can answer MR MYERS No. The foundation was in terms of asking him to assume THE COURT All right MR PONTERIO Let me just ask a separate question 10 THE COURT All right Sustain the objection 11 MR PONTERIO Sir let me ask you have you 12 ever received any telephone calls from Niagara 13 Insulation Inc.'s PresideJnot hn McKendry about 14 coming into court and testifying 15 MR..BUSHWAY MR..BUSHWAY Objection 16 THE WITNESSI did 17 MR PONTERIO What did Mr. McKendry tell you 18 THE WITNESS He expressed his displeasure 19 against my appearing 20 MR BUSHWAY Objection your Honor May we 21 approach 22 THE COURT Yes 23 Bench conference off the record ) 24 THE COURT Jurors take a short recess ten 25 minutes while we put something on the record 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 45 Legal Argument 10:40 a.m. jury exited the courtroom) MR PONTERIO Mr. Hawley do you want to step down step out in the hallway for legal argument THE COURT All right Let's go on the record MR BUSHWAY Your Honor Todd Bushway for Niagara My objection to the question and the line of questioning at this point is that plaintiffs are attempting to elicit testimony made by D made by the President of Niagara John McKendry There's been no disclosure in this case as to those statements regarding whatever Mr. McKendry may have said and you have their pretrial disclosure in front of you for use in this case It's my understanding plaintiff's response is well it's generally known within the asbestos litigation We're entitled to their disclosure specifying what they're going to use in this particular case That's not contained as part of their disclosure and the witness -- I would also point out that plaintiffs counsel had told us they had ~~ we had conversations regarding subpoenaing employees We agreed to accept the subpoena on behalf of Mr. McKendry and make him available should plaintiffs choose to call him We 2. 46 Legal Argument were told by Mr. Comerford on Friday that they no longer wished to call Mr. McKendry He was released from the subpoena MR COMERFORD We never subpoenaed him though MR BUSHWAY We had an agreement John we would produce him You called and asked me if I. would accept You told me on Friday you were | 10 releasing him 11 MR COMERFORD Your Honor Mr. Hawley's here 12 to be examined If the court deems it 13 appropriate Mr. Bushway can of course outside the 14 presence of the jury he can even ask Mr. Hawley 15 what the full message was the threatening phone 16 message was that was left by Mr. McKendry but more 17 specifically I don't know that's necessary because 18 the statement has been in the possession of Niagara 19 Insulation and their attorneys for at least two 20 years if not three and this is no surprise They've known about the tape and if there is 22 prejudice well they can question Mr. Hawley about 23 it He's here to be examined 24 MR BUSHWAY examination your Honor 25 does not excuse their failure to disclose statements 47 in this case Legal Argument MR COMERFORD Well I would argue that maybe it wasn't specifically disclosed in this case but I will argue that the door was opened in this case by the defendants during opening statements and there's no prejudice here questions that you We have Mr. Hawley here have he's here to answer Any . MR BUSHWAY There has been no door opened , 10 your Honor through any evidence taken from the 11 stand and there certainly is a disclosure 12 obligation both in the asbestos case management 13 order that requires a pretrial statement to be 14 served by the parties and generally by the CPLR 15 regarding statements of an opposing party They 16 have not been disclosed in this case 17 The answer that it's generally known in 18 asbestos litigation I don't believe holds any 19 weight your Honor There are hundreds literally ' 20 thousandosf asbestos cases and if we're now going to say well it's generally known among us among 22 counsel it's fair game I don't buy that These 23 are specific cases about specific people and 24 specific locations The disclosure was not made 25 MR COMERFORD Your Honor my pretrial is so 48 Legal Argument voluminous if I was remiss in not putting in this tape and that e my fault but it'd be as soon testified to I as this message guess that's was left on Mr. Hawley's answering machine I think I went far and above the call of duty here I got a copy of the tape I called Mr. Gellman I said Gellman Attorney Gellman here's a tape Here's a copy for you You should know that your client is calling 10 lay witnesses and I turned it over and the witness 11 is here today This tape is known in the 12 litigation And again Mr. Hawley is here He can 13 be examined about it And your Honor I know 14 it's not the specific tape is not in my pretrial . . 15 I was remiss in not putting it in 16 MR BUSHWAY There's no specific mention of 17 any statements made by my client other than the ones 18 we've stipulated to and I don't know if they're 19 mentioned but I know that we stipulated to them 20 THE COURT Well you're telling me that Mr. -- 21 Attorney Ryan Gellman 22 MR COMERFORD Yes 23 THE COURT That he had the tape 24 MR COMERFORD Oh he absolutely has the 25 tape I don't think there's any doubt of that 49 Legal Argument MR BUSHWAY Your Honor I would also point out that Mr. Hawley was produced as a witness in this litigation at the pretrial deposition as a nonparty We were informebdy plaintiffs counsel's office that the purpose of producing Mr. Hawley for pretrial discovery was -- had to do with the McLaughlin worker's compensation issue and that's- ' basically what his transcript focuses on So in 10 terms of any indication that this was going to 11 become an issue in this case we have not been | 12 notified 13 MR COMERFORD Mr. Hawley was deposed in this 14 case your Honor by videotape deposition beforehand 15 and numerous issues were brought up and raised 16 including the Cavanagh documents the McLaughlin 17 claim -~ 18 MR BUSH There's no reference to the Cavanagh 19 documents 20 MR COMERFORD In the deposition 21 MR BUSHWAY In the deposition 22 MR COMERFORD But our pretrial disclosure 23 mentions it Mr. Bushway 24 MR BUSHWAY My point is your Honor if the 25 asbestos -- if Mr. Comerford wants to use the 1 20 3 4 5 50 7 00 9 10 | 11 12 13 14 15 16 17 18 19 20 | 21 22 23 24 25 50 Legal Argument asbestos litigation as a whole if he calls our office up and says this nonparty witness is going to . come in and testify at a deposition to cover generally these topics if he's saying now we -- if he's saying -- if he is saying now that we can't rely on his office's representations of what topics ' those are going to cover .we're going to start to question every witness about every possible thing MR PONTERIO here judge I've got the pretrial disclosure | _ MR MYERS I would just like -- I myself have never heard the tape your Honor and I would just . like to know if there's any inference in regards to IDI in regards to it MR PONTERIO Nothing Nothing -- . THE COURT Nothing MR PONTERIO HD in reference to IDI THE COURT All right MR MYERS Okay I just - MR PONTERIO Insulation's -- It talks about Niagara MR COMERFORD I mean the heart of Mr. Hawley's testimony and it's referenced at page - four of our pretrial the second to the last . 51 Legal Argument sentence says As a business agent for Local 4 Mr. Hawley will testify that he advised the officers of Niagara Insulations Inc. and Buffalo Insulation Distributors Inc. of the hazards of asbestos by the early to sixties That's the thrust of his testimoannyd that's why we produced him this - morning on that your Honor MR BUSHWAY Your Honor I haven't been able 10 to find that reference but I'll rely on 11 Mr. Comerford's reading ability 12 MR COMERFORD Page four pretrial -- 13 MR BUSHWAY But I would point out that that's 14 not issue we're talking about right now 15 MR COMERFORD Well your Honor -- 16 THE COURT You don't mention McKendriyn this 17 disclosure 18 MR BUSHWAY And you will note we haven't 19 objected to his testimony regarding that 20 MR COMERFORD Well your Honor I was remiss 21 in not sending him a follow letter but I'll rest 22 on the record that they do have a copy of the tape * 23 and it's no surprise 24 MR BUSHWAY Well I would object to the 25 characterization of it is an oversight 52 1 James M. Hawley - Direct ~ Ponterio , 2 THE COURT Are you familiar with the tape 3 MR BUSHWA Not personally I have no doubt 4 that w I'm not disputing his discussions with 15 Mr. Gellman at my office but I think it's more than 6 just remiss They clearly brought this witness in 7 to testify about this 80 THE COURT All right We'll hear him on the 9 basis that there was prior knowledge and it 10 shouldn't be any surprise 11 12 13| - 14 15 16 17 18 19 20 MR BUSHWAY Note my objection for the record THE COURT Yes | . Whereupon Court's Exhibit 1 was then received and marked in evidence) MR BUSHWAY Your Honor just a bit of housekeeping We marked this as Court's Exhibit 1 THE COURT Okay Fine | 11:00 a.m. jury all counsel present THE CLERK Let the record reflect the presence of the jury all counsel and the parties 21 Mr. Hawley you're still under oath 22 THE WITNESS Yes 23 | DIRECT EXAMINATION RESUMED 24 | BY MR PONTERIO 25 Q. Mr. Hawley before we left off my last ; question to a 53 James M. Hawley - Direct - Ponterio you was have you ever received any telephone calls from Niagara Insulation's President John McKendry about you coming into court and testifying A. Yes I did Q. What did Mr. McKendry tell you | MR BUSHWAY Objection THE COURT Overruled 10 11 12 13 14 15 16 17 18 THE WITNESS He was very angry Myself and two other members of our union were going to testify in a case that was against his company and he thought the fact that we were testifying was oh I don't know it was biting the hand that fed us is his term He was very abusive He used some profanity He used the F word to me for agreeing to testify- He told me that he was going to be around if I wanted to talk to him any further about it and then he hung up 19 MR PONTERIO Sir how do we know - - 20 THE COURT Before you go any further what was 21 the date of this 22 MR PONTERIO What was the date of your 23 conversation -- of the conversation 24 THE WITNESS I believe it was in December of 25 1997 I believe I was serving - 1 2 _ 3 54 a James M. Hawley - Direct - Ponterio THE COURT That's all I just wanted the date 4 | BY MR PONTERIO 5 Q. Sir how do we know you're not making this up 6 as - A. Well at that time I was acting the administrator 7 | for our benefit funds for the union The previous fellow 8 | became very ill and I was taking over In the office all our 9 | phones had answering machines on them I wasn't in the 10 | time Mr. McKendry called When I came in I seen I had a 11 message I played the message and I was astoundebdy the 12 | message and I kept it cd 13 Q. Do you have that tape with you today 14 A. I do 15 16 Q. did you Sir when you first became business agent in 1962 yourself have any any goals you were trying to 17 | accomplish for your workers 18 A. Well as I mentioned earlier this health problem 19 | was becoming obviously very serious and I thought this was 20 something we should zero in on and do as much as we can to 21 {| protect our people 22 Q. Did you have any conversations with Niagara 23 Insulation management about this problem 24 A. Yes I did 25 | Q. What did you try to get them to do 55 James M. Hawley dow Direct - Ponterio A. Our original effort was to have them provide small respirators that would filter the dust and smoke that the workers were exposed to Q. And can tell us in the early 1960's what reaction did you receive from Niagara Insulation Distributors Inc. management about this proposal A. It was a negative response They were against furnishing these and they didn't think they were effective 10 They didn't think the workers would wear them They didn't 11 agree that there was any problem out there yet They said 12 it's a noxious substance but it didn't really hurt your 13 health but basically and in my own opinion and from things I 14 seen as we went along the primary obstacle was cost They 15 did not want to furnish these to the workers because they cost 16 too much money 17 Q. Sir was Carbon Graphite ever part of the local 18 insulation contractors 19 A. No. 20 Q. Was Carbon Graphite ever part of the employer's 21 association you referred to Niagara and IDI 22 A. No they weren't 23 Q. Was Carbon Graphite ever a member of the trade 24 board 25 56 James M. Hawley WA Direct wygl Ponterio Q. During the 1960's as part of your job duties were you familiar with the types of asbestos products your members were using A. was familiar with all of them Q. Have you ever heard of a product called Eagle Picher 66 cement A. Yes Q. How you gain a familiarity with Eagle Picher 66 10 cement . | 11 A. Well it was there when I first started working and I 12 had a lot of experience myself applying it 13 Q. During the 1960's did you ever see any warning | 14 labels on Eagle Piche6r6 cement 1 15 A. There were no labels 16 Q. During your career as an asbestos pipe coverer did 17 you actually work for Buffalo Insulation 18 A. Yes I did quite a few times 19 Q. Did Buffalo Insulation sell asbestos insulation in 20 the 1960's 21 A. They did* 22 Q. They alsdoo insulation contract work in the 1960's 23 A. Yes They were both in -DAY a distributor and a 24 supplier of materials and a contractor 25 Q. Can you tell the jury in the 1960's and early 70's 57 James M. Hawley - Direct - Ponterio what geographic areas Buffalo Insulation business encompassed A. Of course The Western New York area and they went believe I believe Rochester as far as Rochester even Syracuse Syracuse times at times down down to Erie . Q. Pennsylvania A. Pennsylvania yes Q. Was Buffalo Insulation a prominent insulation contractor in the 1960's early 1970's 10 A. Yes they were 11 Q. Did you also have occasion to work for Niagara 12 Insulations 13 A. Yes I did 14 Q. In the 1960's early 1970's what presence did 15 Niagara Insulations have in the Western New York area 16 A- They were a very large contractor and supplier 17 Q. They also sold insulation products 18 A. They did 19 Q. During this time frame i 20 A- Yes they did 21 Q. Mr. Hawley are you being paid by any party at this 22 trial to come into court today 23 A. No I'm not 24 MR PONTERIO No further questions 25 THE COURT Proceed a 58 James M. Hawley ~ Cross - Myers MR MYERS May I proceed THE COURT Proceed EXAMINATION . BY MR MYERS Q. Good morning Mr. Hawley A. Good morning Q. Mr. Hawley have you ever provided testimony before in any asbestos litigation 10 A. Yes I have 11 Q. And how many times have you provided such testimony 12 A. Just a guess I probably in a trial setting I'd 13 say four times I've given many depositions before trials 14 Q. And depositions would be testimony before Now 15 approximately how many depositions did you ~- have you 16 provided 17 A. Perhaps seven eight 18 Q. And you've already testified because SMP in regards 19 to the injured worker am I correct 20 A. | That's right 21 Q. Now let me -- I'm going to ask you questionisn a 22 number of different areas but you had testified in terms of 23 Joseph McLaughlin I believe and Joseph is somebody you knew 24 for how long s 25 A. Well as soon as I I entered the business he was 59 James M. Hawley www Cross 1O Myers already there He in fact he e our organization which started was a charter back . in 1912. member of He's one our of the , older fellows Q He was a charter member back in 1912 A. Yes Q. So he started working in the asbestos field in 1912 A. I don't know whether he started working He was a charter member He's on our charter His name is there 10 That's how I know that 11 Q. And when you first started to work in the asbestos 12 field do you know what company he worked with 13 A. When he started 14 Q. No. When you started 15 A. Well he generally at the time if I recall 16 correctly he worked the first experience I had with him is 17 he was working for E. J. Eddy He was working at the 18 Chevrolet General Motors plant that was being put up on the 19 River Road in Tonawanda a very large project 2 2. And did -- and did you ever have occasion to work | 20 with him 22 A. I did on various jobs 23 Q. On what jobs did you work with him 24 A. I don't recall now I mean our kind of work moved J 25 you around quite a bit as you were needed So it might have vw" 60 James M. Hawley - Cross - Myers been only a matter of a few days Nothing significant I can remember Q. Okay Now you you are aware that Buffalo Insulation IDI wasn't around in the 1930's or 40's am I correct They didn't exist A. I don't know when they starteidn business I worked for a company called H. S. Chaffee Company when I started working in 1947 and that became Buffalo Insulation 10 MR MYERS Well would you please mark this 11 Whereupon Defendant's Exhibit E was then 12 marked for identification ) 13 MR MYERS Thank you 14 BY MR MYERS 15 Q. Now Mr. Hawley I show you what has been marked as 16 Defendant's Exhibit E for identification and you know as a 17 business agent you are familiar with business documents such 18 as certificate of incorporations 19 A. Not particularly no 20 Q. Okay Well I show you Defendant's Exhibit E and it 21 shows that IDI was wasn't formed until April 13th 1955 Now 22 does that refresh your recollection sir as to when IDI was 23 formed 24 A. No it doesn't No. HRD 25 They were to my knowledge - I don't agree with that 61 James M. Hawley - Cross - Myers. Q. Now you don't agree that in 19 -- that they were in | created 1955 e A. Oh they probably were You have the document I don't recognize that I believe they were in existence before then maybe under another name as I explained I worked for H. S. Chaffee in 1947 s Q. Are you an expert in terms of different names of | companies I mean is this something that you researched 10 A. No. I worked for a company and knew their name and 11 suddenly they were no longer that company they were calling 12 themselves another name That's what I know 13 14 / 15 16 Q. Now do you have any evidence that Insulation Distributors N is the same thing as H. S. Chaffee A. Only my own knowledge It was my understanding they were the same company They changed their name and their 17 structure but -~ 18 19 20 Q. But you don't know that A. I know the companies I worked for Q. Well but did you work for IDI prior to 1955 21 A. Yes I believe I did 22 Q. Do you have any proof any evidence that you worked | 23 for them prior to 1955 24 A. No. 25 Q. Now in regards to Mr. McLaughlin do you know how a 1 James M. Hawley - Cross - Myers 2 | long Mr. McLaughlin worked for IDI 3 A. No I don't 62 4 Q. Do you know if he worked for IDI for a week a year 5 A. I have no particular knowledge of how long he worked 6 | for them 7 8 | Mr. Q. Isn't it true that almost his entire working life McLaughlin never worked for IDI that he spent his entire 9 | working career working for other companies such as E. J. Eddy 10 A. In our work you worked for anybody that had the 11 | work You moved around quite a bit Some people were 12 | fortunate to stay with one contractor for various reasons 13 | Others constantly moved around I don't know who he worked 14 | for or how often he moved around 15 Q. Well sir do you know when he retired 16 A. 1958 17 Q. So he retired in 1958. What was his health 18 | condition in 1958 when he retired 19 A. I can't speak with any great knowledge I 20 | understand he was probably not too well if he retired I 21 | mean nobody at that point retired if they could avoid it 22 Q. Do you know how old he was in 1958 23 A. No I don't offhand No. 24 MR MYERS Are these all the exhibits 25 THE WITNESS He was born in 18 10000 63 1 James M. Hawley - Cross -- Myers 2 ; THE COURT Just wait 3 | BY MR MYERS 4 Q. Oh Okay When was he born 5 A. You want me to tell you 4 6 Q. Yeah sure 7 A. I believe he was born in 1888 8 Q. 1888. So in 1888 if he retired in 1958 he would 9 | have been 70 years old 10 A. Possibly I -- I'll accept that 11 Q. Okay 12 13 - A. It's your figures | Q. . All right So he was 70 years old when he retired 14 | and are you telling me that he was not in good condition when 15 | he retired 16 A. I can't say what condition he was in 17 Q. But www but you said he wouldn't have retired unless 18 | he was -- unless he wasn't healthy I don't want to misstate 19 | what you testified to 20 A. Well at that age he probably couldn't get regular 21 | employment to begin with that was his first probleanmd I'm 22 | sure that old age in general made it difficult for him to do a 23 | lot of the work involved in our trade . 24 Q- So so as far as you know at the age of 70 you - | health 25 he was in good _ as far as you know You don't -~ 64 James M. Hawley 1979 Cross - Myers A. I don't know what his health was Q. You don't know what his health was Now sir I want you to assume that the testimony in this case is that all of Mr. McLaughlin's worker compensation files were subpoenaed and that the testimony of the district manager of the Worker Compensation Board was that there was only one file on 8 Mr. McLaughlin and that was opened up in 1967 Do you have any written documentation in any of your union records in any 10 of your union minutes that Mr. McLaughlin filed a worker 11 compensation claim in 1964 or before 12 A. No I don't 13 Q. Did you or did the ww or have you been informed by 14 Lipsitz and Ponterio that they've searched all of the union 15 minutes and that there's no record of any worker compensation 16 hearing for Mr. McLaughlin in 1964 17 MR PONTERIO Note my objection on that 18 THE COURT Yes Noted 19 THE WITNESS Would I be surprised to find that 20 out I mean I pad could you ask me again that 21 22 23 24 25 question MR MYERS back Would you please read the question , Record read MR PONTERIO Once again note my objection - 65 James M. Hawley OND Cross - Myers We don't have all the union minutes What we have we looked at THE WITNESS I would be surprised to find that out yes BY MR MYERS Q. That there is no record A. I don't know that I mean I know what people tell me that there's no record I'm amazed that there's no 10 record 11 Q. Did you yourself look through any of the union 12 minutes 13 14 A. No. . Q. Now you you mentioned that there was a 15 representative of IDI back in 1964 at this worker comp hearing 16 and the representative was Joseph McLaughlin's son is that 17 18 correct | A. That's correct 19 Q. Herb McLaughlin and was Herb McLaughlin there 20 representing IDI or was he there as a son trying to help his 21 father or both 22 A. I would hope he was there for both but he was there 23 as a representative of his company 24 Q. In other words he was somebody that IDI had that - 25 he was an IDI employee 66 James M. Hawley 1 Cross- Myers A. Yes Q. And he was somebody that was concerned about his dad am I correct A. I would assume so Q. And just like was he present in 1969 at the hearing that you were talking about in 1969 A. I believe he was Q. And he was a representative and he is concerned 10 about his mom 11 A- I would hope so 12 Q. And he was trying to do everything he could in order 13 to get worker compensation benefits for his father and his 14 mother is that a fair statement 15 A. Well I don't know what he was doing as a 16 representative of the company I would assume he wasn't 17 interested in getting these benefits As a father as a son get ing . 18 I would assume he probably was interested He wore two hats 19 that day 20 Q. Well but really the hat he wore is he really wanted 21 to help out his mom am I correct 22 A. I don't know 23 Q. Now do you have the -- -- yeah Now sir when you 24 do a business agent report you try to be as accurate as 25 possible am I correct = 67 ' James M. Hawley ~ Cross ~ Myers A. I try to give as muchinformation as I think will help our membership Q. Sure A. I don't give them everything that happened I give them the things that I think are going to make it more . informative for them Q. Right And by the way did you yourself testify at the worker comp hearing 10 A. I did 11 Q. You did So and the one thing that you would want 12 to do when you tell your members is you would like to tell 13 your members and in your business agent report really what 14 you yourself have done ; 15 A. Well I do COUP I tell them the things that I think | 16 that they're most interested in | 17 Q. Okay 18 A. I mean if I told everything I did in a month I'd . 19 - we'd be there three hours a night 20 Q. Now in regards to this business agent report and tell me if I'm reading this correctly it says Noted the 22 Brothers Andy Jenkins Oliver Graham John Clark and George 23 Coulter appeared and testified at the workers www.cipe at the recent 24 Worker Compensation Board hearing on behalf of Brother Joseph 25 McLaughlin's widow right 68 James M. Hawley - Cross - Myers A. Yes Q. Okay Now it doesn't say that you appeared and testified does it First of all let me ask both questions Does it say here that you appeared That you were even there A. No it doesn't Q. Does it say that you even testified A. No. 10 Q. Now -- 11 A. Sir how could I write it down if I wasn't there 12 Q. Well maybe Brother Andy Jenkins told you Maybe 13 somebody called you up and said that these people were there 14 There's -- you 1 15 A. I was at that meeting or hearing . 16 Q. But it doesn't say that you were at the meeting 17 A. Well I should have included myself I assume that 18 it was in my report and any logical person would assume I was 19 there 20 Q. Well if you were o going to testify wouldn't you 21 want to tell the members that you testified | 22 A. I probably did when I gave a verbal report that 23 evening I probably went in a little more detail on those 24 those written reports 25 Q. Okay Now in regards to the wowsc his health 69 - James M. Hawley ~ Cross Myers condition in terms of his medical condition ry you don't know what Mr. McLaughlin's medical condition was do you A. No. .. And now let me ask you this You mentioned that at that some time you worked for IDI and was before or after you became a business agent A. They were the first company I worked for Q. Well H. S. Chaffee -- can we agree that you didn't IDI want 10 work for You to call them Chaffee but nobody else | | 11 is calling them Chaffee okay | 12 A. Okay 13 Q. All right 14 A. I worked for IDI 15 Q. . When times and 16 A. Numerous in my Coster the years between '47 17 '62 18| Q. Would you just assume sir that my questions are 19 only directed after April of 1955 Did you work for IDI after 21 22 April of 1955 A. I'm sure I did I worked for many contractors Q. And your FAD and who else did you work for between 23 1955 and 1962 24 A. Well again I tried to explain earlier that I work 25 as -" 70 James M. Hawley -Cross ~ Myers Q. Just tell me me the names of the other companies you | . worked for A. Niagara Asbestos I worked for Frontier Insulation Armstrong Cork Armstrong Contracts and Supply I worked for Claxton town contracto cr omse in I would work for them Q. Did you work for Niagara A. Yes 10 Q. Now when you became the business agent sir did 11 you work for any companies 12 A. While I was business agent 13 Q. Yeah While you were business agent 14 A. No. No. I was a time employee of the union 15 Q. . And as a time as a time employee did you 16 go from time to time check on jobs that your workers 17 performed your union members performed 18 A. It was a large part of my job 19 Q. And what what proportion of the job was it in terms 20 of in terms of visiting plants 21 A. If I took an eight day I would say six hours 22 of it are spent in visiting job sites two hours perhaps in office 23 paper work in my . 24 Q. And from 1966 to 1972 did you ever visit the Carbon 25 Graphite site 71 James M. Hawley ~ Cross - Myers A. Yes Q. And how frequently did you visit it A. I don't - I didn't have any regular schedule I went when there was perhaps people working there or if there | were a problem- Q. Well in any given year did you go there every year A. Oh yes Q. How many times per year on the average 10 A. I might go there eight or ten times a year 11 0 And was there -- what company or companies were 12 working at Carbon Graphite 13 A. I almost exclusively remember Niagara Asbestos being 14 there They had some sort of a retainer arrangement with the 15 company and they did most of their insulation work 16 Q. Do you remember any other contractors being there 17 besides Niagara Asbestos 18 A. No. Not particularly no 19 Q. Okay So the only one you remember is Niagara 20 Asbestos am I corred 21 A. That's right * 22 Q. And when you went there did you observe them in any | 23 particular part of the plant 24 A. At times I went there they all worked I don't know 25 the exact name of the building but it was back at the end of 72- James M. Hawley - Cross - Myers the plant and they had an installation there that required a great deal of insulation work and that's where they always worked that I recall.. Q. And again your recollection's that the only outside contractor at Carbon Graphite for asbestos was Niagara Asbestos during the period of time that you went there from 1962 through 1972 A. I'm sure there were others but I can't recall 10 Q. Well when you said that you were sure there were 11 others -- by the way do you have any records as to when you 12 visited Carbon Graphite 13 A. NO I don't . 14 Q. Okay And when I asked you the question you gave 15 sworn testimony did you not sir on February 27th 2002 of 16 this year 17 A. Was this the videotaped testimony 18 Q. Yes 19 A. Yes 20 Q. Okay And when I asked you the question on page 77 21 line 18 and this was in regards to whether or not there were 22 any other contractors being at Airco Speer Carbon Graphite 23 do you recall any other contractors being there And we don't 24 want you to guess Answer Did you give this answer No. I 25 mean I would be guessing No I don't 73 James M. Hawley ~ Cross - Myers A. That's right Q. Is that correct MR PONTERIO Are you going to read the preceding question and answer Mr. Myers or leave that for redirect MR MYERS You can leave it for redirect BY MR MYERS MR PONTERIO Okay I will 10 Q. And when we said and when we call any other 11 contractors before you had identified Niagara Insulation as 12 being the only outside contractor that you remembered being 4 13 there 14 A. That's right 15 Q. Now by the way you were there probably on a fairly 16 consistent basis this eighotr ten times each year between '62 17 and '72 am I correct 18 A. Yes 19 Q. Now during that period of time did you ever see 20 any of -- first of all did you ever see any Niagara workers * 21 wearing respirators 22 A. No. 23 Q. Did you ever see any Carbon Graphite workers wearing a 24 respirators 25 A. No. 74 James M. Hawley FOR Cross - Myers -- Q. Now sir A. I said if I might explain it wasn't my point to observe what they were wearing I mean that was no concern of mine I'd never seen any I can't recall seeing any . Q. There was no concern what Niagara Insulation union workers were wearing to you A. was concerned about what Niagara's workers were wearing I can't be concerned what the plant people were 10 wearing 11 Q. It was none of my business When you say that you can't be concerned what the 12 plant workers were wearing cause it's none of your business. 13 explain that to me 14 A. That wasn't my job to go in and observe the plant 15 safety practices I wouldn't be invited in there very often 16 if I started doing that I was there to check my own people 17 make sure that they were working under safe conditions 18 Q. So so your concern sole your concern is your 19 people and if you saw unsafe conditions in regards to the 20 plant workers that would be none of your business -21 A. I might be concerned but I -~ my opinions wouldn't 22 have been appreciated 23 Q. So so that even if you saw an unsafe condition at 24 Carbon Graphite you would not tell management of Carbon . 25 Graphite because they would not like to hear that from you 4 75 James M. Hawley - Cross - Myers A. I would expect that they'd -- should have been advised of that by people from the contractor If there's an unsafe condition I would think they would tell the company Q. But you yourself as the union man would never tell anybody in terms of Carbon Graphite that there were unsafe a conditions A. Not normall ny o Q. And in fact you never did that at Carbon Graphite 10 am I correct 11 A. I never did it anywhere| 12 Q. And and would it be true that the person who 13 controlled the working conditions at the plant was Carbon 14 Graphite was Airco the management there 15 A. Not the insulation work 16 Q. Not the insulation work but the insulation work 17 that you saw was the insulation work by your workers e ' 18 A. . Yes 19 Q. Now you testified that you were really concerned in 20 terms of the health of your workers and and let me ask you 21 this Would a respirator be something that you would 22 recommend to your workers that they would wear 23 A. Yes ce 24 Q. And when did you first start to recommend to your 25 workers that they wear respirators 76 1 James M. Hawley - Cross - Myers 2 A. In 1962 3 Q. In 1962. So that from 1962 through 1972 you were 4 | recommending to your workers to wear respirators and every 5 | time you went to Carbon Graphite you never saw them wear 6 respirators What if anyting did you do in terms of your 7 | workers at Carbon Graphite 8 A. I can't recall that I never saw them wearing - them 9 I mean they at that time were well aware of the hazards and 10 | that and I'm sure they were probably wearing them but I I 11 | didn't see them walking around with them on 12 0 So so now now they are wearing them Now you from 13 |. A. I assume they would have I mean they knew the 14 | hazards as well as I did 15 Q. But you yourself never saw any of them ever wear 16 | it 17 A. No. . I generally didn't see them in the work area 18 | that ~- we'd walk outside the building and talk and something 19 of that sort i 20 Q. This wasn't a concern of yours 21 A. Well of course it was 22 Q. It was a big concern wasn't it 23 A. Yes 24 Q. Your workers aren't wearing respirators 25 A. Well I believe they were wearing respirators I'm 77 a 1 James M. 3570 Hawley Cross - Myers 2 | saying when I seen them they weren't We were outside 3 | perhaps talking about the job and they weren't wearing them 4 | outside 50 Q. Now where did I put the deposition Well sir on 6 | page 78 line 15 when I asked you a question and when you 7 | went up in terms of Niagara when you went up there in terms 8 | of Airco Speer and Airco Speer is Carbon Graphite am I 9 | right what part of the facilities did you inspect Answer 10 | Well there was only the one area that seemed to have worked 11 | and it was some big large vessels that were not submerged but 12 | they were sunken in the ground like pits and that's the work 13 | that they were generally doing there So isn't it true that 14 | you did go to the plant you saw what Niagara workers were 15 } doing 16 A. Well sure 17 Q. And when you went there you don't recall ever 18 | seeing them wearing respirators 19 A. I would more apt to recall if they weren't 20 |wearing them yes I don't recall if they weren't I mean I 21 would assume they were If they hadn't been wearing them I 22 | would have been urging them to wear them 23 Q. All right Now you -- you -~- you mentioned that 24 | the real probleimn terms of getting respirators was with the 25 | employers Was that your testimony when Mr. Ponterio was , - 78 James M. Hawley 346 Cross .- Myers asking you questions A. Problem with the employer is that what you're asking me Q. Yes A. Yes It definitely was with the employers Q. There wasn't any problems with your workers were there A. Our workers were going on their own to a Sears and 10 Robucks auto supply store and getting a little foam rubber 11 dust mask for a dollar 59 because their employer wouldn't buy . 12 them for them They were concerned 13 Q. Now sir by the way does the law firm of Lipsitz 14 and Ponterio represent you 15 A. You mean in what way 16 Q. In any way 17 A. One of their people helped me sell my house a few 18 years back That was the only thing Other than that no 19 Q. Now Plaintiff's Exhibit number 32 which has been 20 marked for identification is the article in the Asbestos 21 Worker am I correct 22 A. Yes 23 0. And this is the one in which -- and you are familiar 24 with this article aren't you 25 A. Yes I'm sort of responsible for it 79 James M. Hawley -p Cross - Myers Q. You're responsible for this article and for the printing of this article A. Well not the printing Q. But you're responsible for the article A. I initiated it Q. You initiated it Now sir again I want to read. and tell me if I'm reading this correctly and I'm reading now on page what's labeled page 7 and I'm reading the last 10 column in the middle I'm going to start in the middle of the 11 paragraph cause -- first of all it refers to Dr. Rosso 12 A. Rosso 13 Q. Rosso and it starts here It says From his 14 investigations it soon became clear that the most effective 15 way that the worker could protect himself was through the 16 faithful and constant use of a good respirator mask do you 17 see that 18 A. Yes 19 Q. And then it says Acting on this information 20 President Walters and Business Agent Hawley that's you isn't ry 21 it 22 A. Yes 23 Q. Met with local employers group the Asbestos and 24 Insulation Contractors and Distributors Association It was 25 mutually agreed to initiate a program to educate each asbestos i; 80 James M. Hawley - Cross - Myers worker on the importance of using a respirator for his own personal protection Is that correct A. Right ' Q. And did that happen A. In 1964 I believe this is when this occurred right Q. '64 or the article I believe may have been in 165 I'm not WARGA 10 A. We had been trying to do this since 1962 11 Q. Well okay Then it says The employer association 12 agreed to standardize on and to provide what was felt to be 13 the best obtainable type of mask Surprisingly enough 14 getting the individual workmen to wear the respirators 15 faithfully has thus far proven to be the biggest challenge to | 16 the entire program So isn't it true that at least in terms 17 of this article in this magazine when you sent it out to the 18 Asbestos Worker you weren't saying that you were having any 19 problems with organizations like Niagara or IDI or Frontier 20 but your biggest problem was with your own workers 21 A. I'm saying there that they were www the employers 22 were just starting to furnish them in 1964 and from '62 to '64 23 we had been fighting to get them Once we got them 24 distributed out to the members we found a problem getting. 25 people to wear them I mean that's obvious It's like 81 James M. Hawley - Cross - Myers anything else Like cigarette smoking how do you get people to stop smoking cigarettes when they know they're harmful How do we get people to wear a respirator when they know what they're working with is harmful It's human nature Q. Well you mentioned cigarette smoking how do you get them to stop smoking Did you have any concerns at all Mr. Hawley about your workers smoking A. We encouraged them not to smoke 10 was an added hazard We knew that that 11 Q. And when you say that you knew it was an added 12 hazard when did you become aware that cigarette smoking was 13 an additional hazard to your workers 14 A. Dr. Selikoff's reports started to point this out 15 Q. That woulbde in the early 1960's 16 A. Yes : . 17 Q. So from that point on you knew that if the workers 18 worked with asbestos and smoked that that was real bad 19 A. Correct o 20 Q. And what actions did the union take to encourage its 21 members to stop smoking 22 A. Well again communications and meetings We 23 discussed this with them and explained that they were 24 increasing their chances of having health problems by 25 smoking We encouraged them not to smoke Not much more we ^' 82 James M. Hawley - Cross - Myers could do a Q. Now sir you - let me ask you some questions in terms of warnings on asbestos products Was there ever any warnings placed on any asbestos products prior to 1972 that you saw A. No. Q. And if there was any warnings would that be something that you would be aware of 10 A. If I saw them I would be aware of them I don't 11 recall seeing any 12 Q. Now you yourself as I understand it no longer 13 worked as an asbestos worker from 1962 to 1972 14 A. Oh no I went back to work after 1972 when I was 15 defeated as a business agent's position and I returned to work 16 with the tools 17 Q. Right But that's after '72 but between '62 and | 18 '72 you never worked as an asbestos worker | 19 A. No. Not at time No. 20 Q. And you never worked with any asbestos products 21 during that period of time 22 A. No. 23 Q. So you yourself never worked for example with 24 Eagle Picher Super 66 from 1962 through 1972 25 A. No. 83 James M. Hawley - Cross ~ Myers Q. So you you yourself never saw what was on an Eagle Picher bag during that period of time A. When I was on the job sites if I had seen that warning on a bag I would remember it Q. Okay A. I don't remember it Q. Well sir did you ever see this warning on any asbestos product prior to 1972 Caution This product 10 contains asbestos fiber Inhalation of asbestos in excessive 11 quantities over long periods of time may be harmful If dust 12 is created when this product is handled avoid breathing the 13 dust If adequate ventilation control is not possible wear | . 14 respirators approvebdy the U.S. Bureau of Mines for 15 pneumococcus producing dust 16 A. The boxes and the bags that I seen didn't have that 17 on there It may I might have been looking at the wrong 18 ones but I never seen it a 19 Q. You never saw it but is it your testimony that this 20 -- that this caution did not appear on Eagle Picher Super 66 21 cement bags 22 A. I don't know if it did or not I never seen it 23 Q. You don't recall whether you -- okay You never saw 24 it Now in regards to how a product was used by the workers 25 at Carbon Graphite not Niagara worker bust Carbon Graphite . 2 84 James M. Hawley - Cross ~- Myers workers example who had control how the products assume that cement products were were used For used at Carbon Graphite Who dictated the working conditions for the Carbon Graphite employees A. I would assume that the company themself would oversee their own employees safety Q. And by the way this -~ this this knowledge ~~ strike that Did you make any determination when you went in 10 the Carbon Graphite plant as to whether or not -- how would 11 you describe the atmosphere I mean the air was it clear 12 dusty 13 A. Most of the chemical plants down here in the Falls 14 were dusty and the air was bad I don't think that was any 15 exception 16 Q. And do you remember whether or not that plant used 17 carbon or -- 18 A. I don't know much about their operation 19 Q. Do you remember what contaminants were in the air at 20 Carbon Graphite . 21 A. I wouldn't be familiar with those no 22 Q. But your recollection is it was a fairly dusty 23 place 24 A. It was a dirty place to be in You didn't want to 25 be there if you could avoid it 85 James M. Hawley T Cross - Myers Q. And was the air quality anything that you -~ that your union tried to address with Carbon Graphite- A. No. Q. And if there was during this time period if there was anything that was unsafe for example did you have the right to complain to the New York State Department of Labor A. No. I don't recall doing that no Q. Okay But did the New York State Department of 10 Labor did they investigate plants 11 A. They did What what happened if I found aplace 12 where I thought it was particularly hazardous for whatever 13 reason I could call them and we did that often and they had 14 field investigators and they would go out and check your 15 complaint Sometimes they'd fix it sometimes they wouldn't | 16 but -- 17 Q. Okay And when you say I would call them you're 18 saying if you went into a plant and you saw something that was 19 really hazardous you would call the New York State Department 20 of Labor am I correct 21 A. If it was something that was affecting my people 22 yes 23 Q. If it was something affecting your people cause 24 you would want that condition corrected 25 A. Right . 86 James M. Hawley SPE Cross - Myers 0 And the New York State Department of Labor would then have investigators that would go into the plant A. Often they would do that Sometimes they wouldn't Q. Yeah But sometimes they would go in unannounced am I correct A. I would hope so yes Q. - And you had a good working relationship with the New York State Departmenotf Labor when you were the business | 10 agent 11 A. Yes 12 Q. And the New York State Departmenotf Labor had the 13 power to go into a plant look at condition and if 14 condition was unsafe to make sure it's corrected 15 A. Yes 16 Q. And you took advantage of that 17 A. Every time I could 18 Q. Every time you could And did you at any time when e .19 you went Carbon Graphite during this year period ever 20 contact the New State Department of Labor concerning the . 21 working conditions at Carbon Graphite 22 A. I don't believe so MR MYERS If the court would just give me one 24 moment 25 THE COURT Sure 87 BY MR MYERS James M. - Hawley Cross 29613 Bushway Q. I assume you didn't bring any documentos r papers into court with you today did you Mr. Hawley A. Just the tape That's all Q. Carbon Graphite do you know if they had a safety department A. Not particularly I'm not aware of it I assume they did but I don't know 10 Q. You don't know Would you assume that they had 11 engineers Was that a fairly -- how would you describe that 12 operation Carbon Graphite 13 A. Well it was a big company I knew that and we were 14 in there often and I was interested in that I assume they 15 were moderately successful 16 Q. Good size company 17 A. Oh yes 18 Q. They would be aware of safety hazards health 19 hazards in the plant 20 MR PONTERIO Note my objection Calls for 21 speculation unless he has personal knowledge 22 MR MYERS Okay I don't have anything 23 further 24 EXAMINATION 25 BY MR BUSHWAY 88 James M. Hawley AMA Cross - Bushway Q. Good morning Mr. Hawley A. Good morning Q. Let me just take a quick look at H Mr. Hawley my name is Todd Bushway I'm showing you exhibit 32 which is Senr the the -~ this article from the Asbestos Worker in 1964 | | ren A. Yes Q. And I believe this is the one that you said you were - I - don't think you said you were the author but you were 10 instrumental in 11 12 A. Q. Getting it published yes Getting it published In the study and on what is 13 the third page of this exhibit it says Acting on this 14 information President Walters and Business Agent Hawley met 15 with their local employer's group the Asbestos and Insulation 16 Contractors and Distributors Association It was mutually 17 agreed to initiate a program to educate asbestos workers on 18 the importance of using a respirator for their own personal ' 19 protection correct 20 A. Yes 21 Q. Now that means the employers group was working 22 with you 23 A. In 1964 when they were starting to find out the 24 problems -- 25 .. Meaning -- 89 James M. Hawley 9900 Cross - Bushway A. == and recognizing them Q. ww the union went to the employer's group The board that you talked about served as the interaction and said hey we want to do this study concerning the health of our employees and they worked with you correct> A. They worked with us We didn't need their permissiotno do the study We did it without FORDD we would have done it without them but they agreed to cooperate 10 Q. Okay So they were concerned about the safety of 11 the workers as well a 12 A. In 1964 13 Q. Okay Now that article was published in '64 so 14 the events described took place prior to the publication fair 15 enough 16 A. Yes 17 Q. Okay And that's a quarterly magazine 18 A. Yes 19 Q. Now just briefly you indicated that you received a 20 phone call five years ago from Mr. McKendry 21 A. 1997 yes 22 Q. Nothing do do with this case right 23 A. No. It was another case I was going to give a 24 deposition in or testify 25 Q. Didn't affect what you did or didn't do did it 90 James M. Hawley - Cross - Bushway A. Oh no definitely It irritated me Q. Fair enough Mr. McKendry can be an irritating guy at times can't he A. We agree on that Q. Shall we say a colorful personality A. Colorful Q. Now as business agent for the union did you | view the safety of your workers as your primary responsibility 10 A. It was one of my primary responsibilities yes 11 Q. Okay And would it be a fair statement that you 12 viewed any problems that asbestos workers in your local had in 13 terms of health hazards and safety equipment as being a 14 problem brought about by the contractors 15 A. Not exclusively I mean our members you know had 16 a responsibility to do the work safely themselves I mean it 17 was a way street We had to educate our members and our 18. employers 19 Q. Do you feel the union did all it could to ensure the 20 safety of its workers i 21 A. Now I can look back and say no but I was doing all 22 I knew how to do I didn't have a background or an education 23 to do what probably I should have done at that time 24 Q. Fair enough Now we've heard some discussion about 25 the use of respirators by asbestos workers correc-t- 91 James M. Hawley - Cross - Bushway A. Yes Q. ~- in the 1960's time period Now you indicated if I understood your testimony correctly that that was one of the items you would bring to the employer's group for discussion correct A. We thought that was the most obvious first step to take and that's why we always went with that Q. And did you personally look into what types of 10 respirators would be appropriate | 11 A. Yes 12 Q. Did you ever make a list of those and give them to 13 your workers and say hey this is the equipment you ought to 14 use 15 A. Well you're speaking of atime they wouldn't get 16 their hands on a respirator unless they bought it themselves 17 Q. My question -- my question to you is you as the 18 business agent Local 4 the asbestos workers did you makea 19 list of safety equipment and give it to your union members and 20 say this is what the union thinks you ought to wear 21 A. Not in so many words I investigated various 22 respirators and tried to determine which were the best ones in 23 the hope that we could get the employers to start furnishing them but I had that information available if somebody wanted 25 to go out and buy their own but that you know wasn't a 92 James M. Hawley - Cross - Bushway common thing to do Q. My question is did you give your members a list of proposed -~ A. I didn't distribute a list no Q. Now part of your job as the business agent would be involved with negotiating contracts with the employer's group correct .. Yes : 10 Q. And am I correct in understanding that the the way 11 this worked is the local would have a contract which would 12 cover their working relationship with all the contractors that 13 were on the contractors side of that correct 14 A. Yes 15 Q. And depending on which contractors you worked for. 16 you would still sa thm e se ame contract 17 A. That's right 18 Q. In the 1960's did the union ever make the use of 19 respirators or other safety equipment an issue in those 20 contracts ^' 21 A. Every contract negotiation I was involved in from 22 the time I started that was the prime goal to put safety 23 equipment in and particularly respirators and have them 24 furnished by the employer 25 Q. And when did they actually become furnished by the mints . 93 James M. Hawley ~ Cross - Bushway employers A. Around '64 '65 they started grudgingly making them available We -- we had it put in our contract Up until the time we put it in our contract in the language we were unsuccessful 2. And you as the union had to decide which terms you | wanted in the contract and which ones you wouldn't put in the contract correct 10 A. Well no I mean I only tried that's all It was 11 a mutual thing that we put in the contract 12 Q. But - fair enough The union never made it a 13 breakdown issue for the contract discussions fair Correct 14 A. Well it was a serious issue I mean every time 15 Q. But you negotiated it away 16 A We didn't negotiate it away I mean you try and 17 re -- get to something that you can both mutually agree on 18 That's what it's all about compromising You don't ~~ if 19 you're asking did we go out on strike because they wouldn't 20 furnish us with respirators no we didn't do that 21 Q. . Now you indicated the conditions in the plants were 22 not your concern 23 A. Well it really -~ I was concerned but again it's 24 not any of my business I mean if I go in the plant I'm 25 visitor in that plant I'm in there under their good graces 94 James M. Hawley ~- Cross www Bushway and if I start going around and pointing out problems that they're having with their own operations and their own people I'm not going to be in there anymore Q. Fair to say the contractors such as Niagara are guests in the plant as well A. I don't know I would think they would be more in a better position to point it out to a company if there's a problem than me 10 Q. Wouldn'thte plant conditions be a concern of yours 11 the business agent for the insulators in the sense that you'd 12 want to know what was in that plant and what your people might 13 be exposed to other than the materials they themselves were | 14 using 15 A. ; In a perfect world that would be nice but you 16 know when you walk in a plant you don't know what's in 17 there 18 Q. And you wouldn't take any steps to find out either a 19 would you 20 A. Well I didn't have the time or the knowledge or the 21 background to do that 22 Q. Now you indicated that you would continuously 23 present equipment to the contractor present information to 24 the contractor's association about health hazards or . other 25 things that you might learn correct 95 H James M. Hawley - Cross - Bushway 2 A. Yes : 3 Q. Did you ever go to the plants where your people were 4 | working and convey that information as well 5 A. No. 6 Q. Ever send them a letter 7 A. No. 8 Q. Now you indicated you didn't give your people a 9 | list of equipment that would be recommended safety equipment 10 | correct . 11 A. 12 | no 13 Q. I had a list I didn't make it generally available | Now and you didn't supply respirators to your 14 | people 15 A. Our members bought their own 16 Q. Did your union have a code of conduct or certain | 17 | rules that its members had to abide by 18 A. Yes 19 Q. And some of those related to conduct on work sites- 20 A. . That's true 21 Q. Ever require safety equipment as part of those 22 | rules 23 A. We require in the contract that they provide safety 24 | equipment We never specifically mentioned respirators 25 Q. I'm not asking you about the contract with the 96 James M. Hawley - Cross HOUD Bushway employer I'm talking about your internal union codes A. Yes We have a code of workmanship Q. And that in the 1960's didn't require respirators or other breathing equipment did it A. No. We didn't make up the code of workmanship This was distributed from our international association to the members When you became a member they gave you this little book and it had a code of workmanship and we didn't write the 10 11 code of workmanship Q. Could you as a local have added rules or conditions 12 as part of being a member of the local | 13 A. No. 14 Q. Now would be a fair statement that the 15 international association probably knew more about this issue 16 than you did 17 A. I'm sure they did 18 19 20 Q. Now you would often work with contractors in the area to find work for your members , correct A. Yes 21 Q. Fair statement part of your job as a business agent 22 was to keep your eyes and ears open for nonunion workers in 23 the area or potential projects that would require insulation 24 work 25 A. Yes twee 47 James M. Hawley - Cross ~ Bushway b . Q. And if you could get that steered to aunion ry j} contractor your members would work A. That's correct Q. So in that sense you would work with the contractors correct A. Often Q. Now fair statement that the members of Local 4 are experts in the insulation trade 10 A. I believe so 11 Q. It's part of the reason for having a union 12 A. That's right j 13 Q. As part of that would the union members go through 14 some traininags to the proper means of installing the various 15 materials used in your trade 16 A. Yes 17 Q. Do you believe that the union members working in the 18. 1960's to early 1970's applied materials properly in 19 accordance with manufacturers directions for their use 20 A. Well they were required to do that yes 21 Q. Required by whom 22 A. By their employer Their employer would tell them 23 how they wanted something done on the job and they would do it 24 the way they were told or they wouldn't be there much 25 Q. Now these materials that we've been talking about 98 James M. Hawley - Cross 1 Bushway were perfectly . that legal in the 1960's and early 1970's correct MR PONTERIO this is not a Note my criminal objection judge in proceeding Whether it's legal or illegal this is a civil proceeding We're making no claim they were violating the criminal law BY MR BUSHWAY Q. There was no prohibition about these contractors 10 using these materials at the time correct 11 A. Not that I know of 12 Q. In fact they were widely used in the industry that 13 you worked in correct | 14 A. Just like cigarette smoking is widely smoked 15 That's not illegal either 16 Q. Well your union -- the contractors plants like 17 Carbon Graphite were all installing buying selling using 18 materials at that time that had common industrial 19 applications correct 20 A. Yes 21 MR PONTERIO Note my objection 22 BY MR BUSHWAY 23 Q. Now if a plant such as Carbon Graphite was buying 24 materials for installation by its own people in other words 25 plant employees that would not be any jurisdiction of the James M. a Hawley - Redirect may Ponterio 99 Local 4 union would it A. No. Q. You would like to convince them to use Local 4 | workers correct A. I tried to do this This was my job Q. But if the plant was using other asbestos materials . for installation by its own people you'd have no knowledge of that 10 A. Oh I know they were doing that I mean this was a 11 12 13 14 common practice These very contractors we're talking about here that we mentioned their names earlier they all sold materials to all of these plants and these plants used their own people often for installation work Maintenance people 15 different tradesmen on the jobs to the detriment of my people 16 and my job was to try and get this work for my people who 17 could do who I thought could do it better and cheaper and 18 quicker | 19 MR BUSHWAY Fair enough 20 questions Thank you No further 21 REDIRECT EXAMINATION 22 BY MR PONTERIO 23 Q. I have just a -- I'll be very brief Mr. Hawley 24 Does anything that Mr. Myers examined you on today change the 25 fact that you were present at the worker's compensation 100 James M. Hawley- Redirect CHI Ponterio hearing of Joseph McLaughlin when he was alive A. No. I was there Q- And when his widow was there when Mr. McLaugh| lin had died ; A. was there too the 0 son You -that was Mr. Myers had mentioned about the McLaughlin for Insulation Distributers Inc. at present the time his dad had died Were you present when the 10 Insulation Distributers Inc. management dealt with 11 nonrelatives of injured workers who were making claims 12 MR MYERS - Objection 13 THE COURT Sustained 14 BY MR PONTERIO 15 Q. Did you deal with -- 16 17 18 19 20 A. I was to other hearings.. THE COURT Wait please MR PONTERIO Did you go to other hearings in which a worker made a claim against IDI back in the early sixties about asbestos 21 MR MYERS Objection THE WITNESS Yes 22 23 THE COURT Overruled 24 THE WITNESS Yes 25 BY MR PONTERIO 101 James M. Hawley - Redirect strops Ponterio Q. And what were your face confrontations with IDI in those cases A. Well they were never argumentative I mean we were all there pretty much for the same thing | to help the workers Q. How about IDI A. IDI was always in the same position They were going to help the worker if it didn't hurt them too much I suppose financially 10 Q. But they were aware of the hazards that you talked 11 about 12 A. Oh sure surely 13 Q. Mr. Myers asked you about a a label and he didn't 14 show you this but I will show it to you exhibit D in 15 evidence Does this refresh your recollection what the Eagle 16 Picher Super 66 insulating cement looked like 17 A. It wasn't like that when I was using Eagle Picher 18 but in later years I've seen pictures like that with these 19 warnings on When I was using it and when I was working as a 20 business agent that warning wasn't on the things I seen 21 .Q Do you see a warning on this 22 A. There's something here in very small print here 23 which I'm not sure my glasses are up to but it's tiny like a 24 warning on a cigarette pack You've got to squint to see it 25 When you opened the bag would you open it from the top A. Q. A- Q. P a James M. Hawley - Redirect - Ponterio | 102 That's right Anything on the labelinogn the top No. Do you see anything here about asbestos causing cancer A. No. Q. And by -- 10 A. I haven't read it I mean do you want me to take 11 it and read it But I don't believe there was anything on 12 there 13 Q. . Well take your time and read see what you can see 14 Fine 15 A. No. I see nothing about it causing cancer no~ 16 Q. And by 1965 you shared Selikoff -- these companies 17 received the Asbestos Worker magazine on the Selikoff article 18 and asbestos and cancer as you did 19 A. They received everything that I and the members 20 received 21 Q. Was Carbon Graphite ever a member of the insulation 22 contractors group 23 A. No they weren't 24 Q. And was the Asbestos Workers Local 4 a different 25 union from the Carbide Graphite union + 103 - James M. Hawley - Recross Myers A. We certainly were yes MR PONTERIO No further questions Thank you * EXAMINATION BY MR MYERS Q. Now your union belonged to what labor grouping and by this I mean was it the AFL Was it the AFL They weren't combined then were they 10 A. Yes they were 11 Q. They were combined back then 12 A. Yes 13 Q. Did the union at Carbon Graphite also belong to the 14 AFL 15 A. I don't even know anything about their union know 16 Q. It's the Atomic Chemical Union you don't 17 anything about them at all 18 A. I wasn't familiar with them no 19 Q. Okay Sir do you have any records whether it's in 20 minutes notes business agent reports written records of 21 attending any other worker comp hearings relating to IDI | 22 A. I have nothing in record form no 23 Q. But your recollection is whenever you attended 24 there whatever representative of IDI was there they were 25 also very concerned about the worker and they tried to do the . James M. Hawley - Recross Myers 104 right thing A. To a point o Q. Okay And when we -- when you gave the deposition back in February I believe you never mentioned at that deposition that you attended any other worker compensation hearing besides Mr. McLaughlin involving IDI did you A. I don't believe so I don't know if I was asked but I don't believe I mentioned any no 10 Q. Okay But Mr. Lipsitz asked you a whole series of 11 questions 12 A. Yes 13 MR MYERS I don't have anything further your 14 Honor o 15 MR BUSHWAY No questions your Honor 16 MR PONTERIO No further questions 17 THE COURT You're excused 18 19 THE WITNESS .* fi * Thank you * ** * 20 23 22 23 24 25 EXHIBIT L ince i apenas JOHNSON JOHNSONJOHNSON JOHNSOJNOHNSOJNOHNSON HUMPHREY LABORATION HUMPHREY HUMPHREY EXECUTIVEXECUTIVE HUMPHREY :ELECTED EXECUTIVE EXECUTIVE EXECUTIVE ELECTEDELECTEDELECTEDELECTED COUNCIL COUNCIL COUNCIL COUNCIL Mi Fas cg feraae Lex taihs OficalswhichwhenSickleAsFL atended President GeorGgeorgMeany presnpterdsentperdsentedwithe ExecutiveExecutivEexcutiveIntrationalCouncil Council Resolu- President President Sickles Of icials Oficalstion which set attended forth the attended meeting PrPreseidenstidentPresident endorsement endorsement endorsement the White LyndonLyndon B.presented other Interaionl Union Union other International International Executive Johnson and Hubert Resolu- Resolu- HumphreyHumphrey HumphreyHumphrey Ann Occup Hyg pp 1-19 'The Author 2009. Published by Oxford University Press on behalf of the British Occupational Hygiene Society doi 10.1093 mep056 Airborne Asbestos Concentrations Associated with Heavy Equipment Brake Removal . A. K. MADL,,S. H. GAFFNEY,,J. L. BALZERand D. J. PAUSTENBACH,, 1 ChemRisk Inc. 25 Jessie Street Suite 1800 1800 San Francisco CA 94105 94105 USA 2408 Horse Trail Court Alamo CA 94507 USA Received 6 January 2009 in final form 25 June 2009 in containing brake linings were used in heavy construction equipments such as tractors backhoes and bulldozers prior to the 1980s While several published studies have evaluated exposures to mechanics during brake repair work most have focused on and light trucks not on heavy agricultural or construction vehicles The purpose ofatuhitsomsotbuidlyeiss to characterize the airborne concentration of asbestos to workers and bystanders from brake wear debris during brake removal from 12 backhoes and tractors manufactured be- tween 1960 and 1980. Asbestos content brake lining average 20 chrysotile by polarized light microscopy and brake wear debris average 0.49 chrysotile by transmission electron microscopy TEM was also quantified Breathing zone samples on the lapel of mechanics n = 44 and area samples at bystander n = 34 remote n = 22 and ambient n == 12 lo- cations were collected during 12 brake changes and analyzed using phase contrast microscopy PCM National Institute for Occupational Safety and Health NIOSH 7400 and TEM NIOSH 7402 In addition the fiber distribution by size and morphology were evaluated ac- cording to the International Organization for Standardization method for asbestos the ratio of asbestos fibers fibers including asbestos as determined Applying PCM results the average airborne chrysotile concentrations by TEM to the PCM equivalent were 0.024 cc for the mechanic and 0.009 cc for persons standing 1.2-3.1 m from the the period of exposure 0.5 to h Considering the time involved in the activity during three brake jobs per shift these results would activity and assuming convert to an average h weighted average of 0.009 cc for a mechanic and 0.006 cc for a bystander The results indicate that ) the air- borne concentrations for worker and bystander samples were significantly less than the current occupational exposure limit of 0.1 cc ii % of respirable fibers were 20 ...min length and iii 95 of chrysotile in the brake linings degraded in the friction process The industrial giene data presented here should be useful for hy- conducting retrospective and current exposure assessments of individuals as well as hazard assessments of work activities that involve ing and replacing containing brakes in repair- heavy construction equipment Keywords asbestos brakes heavy equipment industrial hygiene INTRODUCTION Once thought to be a miracle mineral asbestos gained widespread use beginning in the early 1900s and has been reportedly incorporated in some 3000 different products because of its low cost and desirable qualities such as heat and fire resistance wear and friction characteristics tensile strength heat electrical and sound insulation adsorption capacity and resistance to chemical and biological at- Author to whom correspondence should be addressed Tel 1-415-896-2400 fax 1-415-896-2444 mail amadl@chemrisk.com amadl@chemrisk.com : tack Agency for Toxic Substances and Disease Registry ATSDR 2001 For these reasons asbes- tos specifically chrysotile was used for many decades by the automobile heavy equipment crane railroad and airline industries as a component of brakes Chrysotile's frictional characteristics such as good tensile strength durability flexibility and heat resistance provided the auto industry with a fric- tion material that could withstand extreme tempera- tures pressure and stress Skinner et al 1988 Paustenbach et al 2004 Maines 2005 These char- acteristics were particularly necessary for safety as automobiles throughout the 20th century became larger heavier and faster Harper 1998 of 19 of 19 . A. K. Madl et al Because of regulatory and societal concerns about the health effects caused by exposure asbestos use in the USA has precipitously declined since the 1970s ATSDR 2001 Maines 2005 dos Santos Antao et al 2009 Kelly and Matos 2009 Over the last 30 years significant attention has been paid to evaluating asbestos exposures and the potential risk of asbestos- related diseases among automobile garage mechanics Paustenbach et al 2004 Chrysotile asbestos was also used as a friction material in heavy construction equipment but potential asbestos exposures to mechanics repairing brakes on such equipment has been less well studied and understood Boelter et al 2007 Although the asbestos content in automobile brakes is generally between 30 and 50 Lynch 1968 Anderson et al 1973 Madl et al 2008 heat and pressure such as that exerted during vehicle braking can cause chrysotile asbestos to degrade to fibrous amorphous decomposition products as well as form other fibrous minerals such as forsterite and olivine Jacko et al 1973 Candela et al 2007 The dehydration or retention of water in chrysotile decomposition products has been shown to influence the extent to which forsterite is formed under heat and pressure Candela et al 2007 It has been suggested however that friction during mechanical braking disaggregates mineral bundles in the brake lining which liberates water and results primarily in amorphous fibrous magnesium silicate degradation products Candela et al 2007 Because the elemental ratios and ray diffraction XRD patterns of chrysotile and these degradation products are similar transmission electron micros- copy TEM is often necessary to identify fibrous structures of chrysotile at low bulk concentrations Using microscopy historical studies have shown that brake wear debris collected from an automobile dy- namometer or drum brakes contains on average be- tween 0.02 and 4.5 asbestos with the majority of wear debris samples containing % chrysotile Hickish and Knight 1970 Luxon 1970 Anderson et al 1973 Jacko et al 1973 Rohl et al 1977 Rowson 1978 Williams and Muhlbaier 1982 Cha et al 1983 Sheehy et al 1989 While these studies do not directly measure forsterite or other degrada- tion products in brake wear debris the breakdown of chrysotile is inferred by comparing asbestos content in the lining to that in brake emissions or accumulated dust in the brake assembly Although it has been assumed that the forces that convert chrysotile in automotive brakes are at work during the use of heavy equipment e.g. dozers backhoes and graders little work has been conducted that confirms the degradation of chrysotile to forsterite or an amorphous form This matter is of particular interest since it is not well understood how the differ- ent speeds or weights of heavy construction equipment compared to passenger automobiles can influence the frictional mechanisms and thus by ex- tension the conversion to forsterite or other non- asbestos amorphous materials Understanding this matter will inform hygienists whether workers conducting brake repairs on heavy construction equipment during the period between the 1950s and the 1980s or in modern times were exposed to apprecia- ble concentrations of asbestos Only one published study has evaluated potential asbestos exposures to mechanics repairing heavy construction equipment brakes Boelter et al 2007 In this paper personal short 30 min and term h weighted average TWA samples for airborne asbestos were collected during repair activities involving the replacement of containing products i.e. engine gaskets brake and clutch linings in a dozer grader and two loaders Area samples were also analyzed to characterize potential exposures to a bystander nearby these activities The containing products removed from the construction equipment as well as brake wear debris were analyzed for asbestos content While this study filled an important data gap it did not address directly whether chrysotile asbestos was degraded to a similar extent as that ob- served with passenger automobiles and it only characterized a limited number of equipment representing a wide array of types and brake assembly configurations disc drum and band Complete enclosure of a brake system size of containing friction lining location and access configuration in relation to the mechanic's breathing zone as well as method of maintenance work are all likely to influence occupational exposures to airborne asbestos during brake repair activities With these factors in mind and without additional information it was uncertain how the information presented in the Boelter et al 2007 might compare to results from other types of heavy construction The handling and cleaning of contaminated work clothing worn in some occupational environments have been suggested as a possible source of paraoccupational or home chemical exposure Studies that have reported exposure through this possible secondary exposure pathway include industries where beryllium lead or even asbestos e.g. insulation workers exposures in the workplace were excessive For example Eisenbud et al 1949 found mean air concentrations of 500 gberyllium m when the clothing of beryllium manufacturing workers was shaken out Piacitelli et al 1997 found elevated lead concentrations in the vehicles and homes of lead- exposed construction workers Some persons who live in the homes of workers exposed to free asbestos fibers developed asbestos disease Lieben and Pistawka 1967 Anderson et al 1976 1979 Li et al 1978 Epler et al 1980 McDonald and McDonald 1980 Joubert et al 1991 Magnani et al 1993 Asbestos concentrations during heavy equipment brake removal 3 of 19 Generally workers in asbestos manufacturing mining and shipyard industries are exposed to very high air- borne concentrations of asbestos and come in direct contact with large amounts of bulk asbestos and in the majority of cases amphibole asbestos The takehome exposure of other household members called secondary exposure or occupational exposure is thought to occur as a result of bringing very dusty work clothing into the home which was usually contaminated due to daily contact with bulk or raw asbestos Although exposures associated with handling work clothes worn during brake repair work were expected to be extremely low it was felt that this issue deserved greater characterization as it has implications for both historical and current asbestos exposures of a group of individuals not previously studied Since a broader range of data would increase the confidence in the preliminary study we evaluated a number of vehicles for the purpose of understand- ing the extent of potential conversion of chrysotile asbestos in brake linings to forsterite and amorphous materials We also characterized worker and bystander exposures to airborne asbestos during brake removal in various types of heavy construction equipment and assessed the potential of home exposures from clothing worn during the brake removal activities In this study worker and environmental exposures were evaluated during the maintenance of 12 pieces of heavy construction equipment with similar brake assembly configurations Because of the relatively large number of pieces of equipment tested with similar brake assemblies the influence of the extent of equipment use e.g. hours of operation meth- . ods of brake removal used by different mechanics oily versus dry brake assemblies and type of equipment loader backhoe and tractor on the variability of the airborne asbestos measurements could be assessed In addition short samples were col- lected and h TWA exposures were calculated for comparison to historical and current occupational exposure limits for asbestos The fiber size and morphology distributions were also measured to characterize the proportion of respirable airborne fibers free or associated with a matrix released during brake removal activities It is anticipated that this information will not only provide useful information regarding potential historical exposures experienced by mechanics conducting brake repair work on heavy construction equipment but will also provide a basis for correlating this information to the exposures and health experience of automobile mechanics METHODS Description of backhoe brake assemblies Table 1 provides a summary of the type of vehicles . evaluated in the study as well as the years during which the equipment was manufactured total hours of operation and the facility in which the brake repair work was performed Each of these vehicles contained a left and right dry drum and disc brake assembly Fig ) each of which possessed an inner and outer drum lining and two band linings comprised friction material Equipment that potentially had containing linings was selected for the study based on the age of the equipment and repair maintenance records provided by the equipment owners A total of 12 pieces of equipment two tractors and 10 loader backhoes manufactured between 1960 and 1980 and operated between 943 and 6741 h were included in this study It should be noted that the hours of operation for each piece of equipment may not necessarily reflect the total number of hours on the brakes however measurements of lining thickness for each brake assembly showed significant brake wear It was not determined until after the testing through bulk sample analysis whether the equipment contained asbestos brake linings In fact all vehicles tested did have asbestos in the friction materials Description of test site and study conditions Brake repairs were performed at two heavy equipment service centers on six different days over a period of 17 months April 2005 to September 2006 5 days were spent at one center located in Stockton CA and the other day at a center in Big Rock IL Table ) These service centers were selected because they were and continue to be active repair facilities for heavy construction equipment including tractors and backhoe loaders The weather conditions in Stockton were generally sunny and clear with temperatures ranging from 21 to 27 during the 5 days of testing The Big Rock testing took place during cloudy conditions with temperatures 15.6 All work was performed by two currently employed mechanics one in Stockton and one in Big Rock who had between 15 and 30 years of professional experience repairing heavy construction and agricultural equipment The mechanics performed the brake removal in the same manner they had reportedly used throughout their careers The service shop in Stockton CA was relatively large with four service bay doors and approximate dimen- sions of 30 m wide by 14.9 m deep with a ceiling height of 6.1 m Fig 2 The facility in Big Rock IL was less than half the size of the service center in Stockton CA with only one service bay door and approximate dimensions of 14.3 m wide by 11.9 m deep with a 6.1 ceiling Fig 3 All service bay and entry doors were closed while the brake removal was being conducted In addition both re- pair shops were not equipped with any active heating air conditioning or ventilation systems Prior to conducting the study permission from a medical institutional review board IRB was 4 of 19 A. K. Mad et al. % $66 ooo! L'66 $86 966 +66 VS6 VL6 C6L 9 66 s66 eS9 v'r6 . | uorHsduiosaqy cO-10 60-80 60-90 070 so-so0 so'-v'o0- 91-S0' 80-90 0 Vo-40 =6SOatwO S00 9-80 = asuey=g@ =140 100 1200 3=wSEO O00 0000 9601 =Ivl0 (Iver 120 120 cr0 OTT = = 8 OOS asbestos conetraions conetraions conetraions brake linings wear debris =60L0 slo S800 SEN StrO 6F'0 asbetosSite Model Air Ue I exchange thicknes exchange Brake linings tt 7c 2 0c 02 0c 0c Brake ar Irom %) . ayeig WAL auey 4 asembly XRD % weight chrysotile O@SI PLM area chrysotile Sy TEM % ) . gg 8 8 Ss 01 ND ZI t 9 () 9 I 19 0.6 Ov 4.46 4.26 ee %1 8 3 15-22 80 26 ol l 20-35 Stockton 0.6 Rock 0.6 08 4.76 4.73 08 18 $8 08 19-28 80 28 08 8 cr %) Rock 0.6 Lest 4.1 4.42 9 61-1 scl 4 24-36 80 33 Sct Gl 15-40 0.450 Backhoe 0.66 + < 9 6 < 24 ral el 0 0.5-25 0.050 ] . 0.050 0.6 ] (43 6l xd 6c vi 8 rai Le | 19 41 I 15-20 ] Stockton 0.825 (aN) 0 0 0 {1 0 0 0 $s ] Stockton 1.5 4.04 v8 80 17 8 4.13 8 8 %) 7 18-39 8 8 0.700 10-27 ]Backhoe ] Stockton 1.55 ley 4.43 4.56 62 Sc tre 12 1-29 60 15 9CP 0.5-28 3.015 ] 3.015 Stockton ] Stockton 0.085 ] Stockton Yet cer ory 3.76 Ive Lg 60'V Ive 1-36 Ad 25 or Icy ] 0.035 80 0.035 I IStockton Backhoe 0.435 4.31 2.18 90 99 90 990 01-2 01-2 84 1 8] 0.5-3 0.435 . o]duIvs SUS _HORpog YORPOIg : Rgyooyy 1212 floxpag YoRpPAs 3.8 1-39 12 20 UOXpOIg 0.5-70 vo 0.49 0.49 ajqvyo}ep-uN, and drumlining asembly asembly soey JovRL syorgq soipeq soIprg sowpsrg soysrg soIpeg soIlporg soyprg wnzp detectable = pue payse) detctable as one the limit detction or sensitvity limit FP1Z r1Z ggir gzes purq qusdinby adh) uss DOSS 08S Ofer O08S O0BS OO8S O08S MOOS DUBS GOS DUBS yO I Juaserd uowUdinba sem Jo sovz Jequiadsg Jequiads Jequiads JsqUAON Jequiaony sequiardg soquiardg saquiadg JSqUIAON pa}ap Sumy dy sunt sunt jou AreumME aleq <1>] So0z 9] S007 91.S00e +] S007 +1 S007 y] S007 y[ 9007 y] 9007 QZ 9002 yz 9007 (jz 9007 seM wip 2]qe}ON9p-U -] TqeL. qoudinby tog cba eby pbg es ba bg Lbg 8 S oba o1bg Iba aby wiby-1ba GsoNysaqsOy,wNs, Asbestos concentrations during heavy equipment brake removal 5 of 19 %, a Fig 1. Heavy equipment dry brake systems diagram Bay Door 4.3m 4.5m Mo Area Bay Door 3.7mx 3.7mx 4.3m Bay Door 3 3.7m 4.3m Bay Door gy. 3.7mx 4.3m Cd 14.9m Bystander == MM Ambient 13.3m qe Remote wD Area . 2:36. * 5 Fig 2. Diagram of equipment repair facility Stockton CA and locations of area sampling stations requested and obtained Essex Institutional Review Board Inc. Lebanon NJ USA This IRB complies with the federal regulations of the National Institute of Health the Office of Human Research Protection 45 CFR 46 and the Food and Drug Administration 21 CFR 50 56 It is also accredited by the National Committee for Quality Assurance formerly The Partnership for Human Research Protection * Description of exposure scenarios Airborne Airborne asbestos concentrations were measured during brake removal and disassembly activities related to all 12 pieces of equipment Clothes han- dling tasks such as shaking and folding of coveralls worn during maintenance of 11 pieces of equipment were also studied Before any brake work was performed mechanics were fitted with new coveralls These coveralls were collected after the mechanic completed work on each piece of equipment and were later tested to evaluate the exposure of persons during the handling of these potentially contaminated work clothes Each coverall n = 11 was stored in separate plastic bags until the last day of testing when the clothes handling task was conducted 6 of 19 - Je2e.4m Work Bench | 2.3m 0.9m oS a Bystander 0.9m oS A. K. Madl et al ^' Door BystanderBystander 0.901 i 0.901 meereria Ex . <= Bt Bystander ca 7 . . Remote a Remotye+ Area bites F Service Bay Door @ Area > * +> Wor 14.3m : #8 Ambient 3.31s Fig 3. Diagram of equipment repair facility Big Rock IL and locations of area sampling stations The simulated clothes handling task involved repeatedly shaking folding and turning clothes inside out for 1 to 2 min for each pair of overalls by a volunteer to simulate the handling and laundering Although no fibers or debris were visible on the coveralls some particles were observed in the air during the clothes handling task TEM analysis of air samples was used to evaluate the proportion of asbestos versus asbestos airborne particles released during shaking The brake removal process was similar for all pieces of equipment with slight differences only in the work practices exhibited by each mechanic The mechanics worked on each piece of equipment one at a time To remove and disassemble the brakes the external brake housing was first removed from the tractor or loader backhoe using a manual or power wrench to loosen bolts that held the housing in place On four occasions Eq1 Eq9 Eq10 and Eq12 a blowtorch had to be applied to facilitate loosening of the external housing bolts Once the external housing was removed the entire brake assembly was removed from the vehicle At this point the mechanic at the Stockton facility would blow out the assembly and work area with compressed air and then repeat the entire process for the second brake housing Once both complete assemblies were removed he performed bench work which entailed disassembling the drum linings from both brake assemblies Using a slightly different order than the Stockton mechanic the mechanic in Big Rock IL completed the entire brake removal process on the first assembly before beginning the process on the a second one More specifically once the brake assembly was removed from the external housing the brake assembly was moved to a workbench and the drum linings were removed from the face plates in preparation of shipment to a specialized shop for refacing After one complete brake assembly was disassembled and the linings removed the mechanic from Big Rock would repeat the same process for the second housing and then blow out both brake hous-. ings at the end of the brake removal job While performing the bench work the Stockton and Big Rock mechanics used different methods to remove the friction linings from the drum facings Specifically the Stockton mechanic used a hammer and punch to remove the rivets that attached the lining to the drum face whereas the Big Rock mechanic used a power drill It is noteworthy that four of the 12 pieces of equipment tested contained at least one brake assembly that was saturated in oil that had leaked from an adjacent reservoir In these circumstances these assemblies were wiped clean before the linings were removed In general the Stockton mechanic took 30 min to remove and disassemble the linings from two brake housings from one piece of equipment whereas the Big Rock mechanic took 45 to 60 min to perform the same job Sampling and analytical methods All airborne samples for asbestos were collected in accordance with federally established criteria Airborne asbestos and other particulates were collected onto mixed cellulose ester membranes 25 mm 0.45 ...mpore size Zefon International St Petersburg . Asbestos concentrations during heavy equipment brake removal 7 of 19 FL USA with either portable SKC Universal SKC- rent version of the NIOSH 7400 Method For the West Inc. Fullerton CA USA or volume Dawson 1300 sampling pumps Ashtead Technology Rentals Hayward CA USA The sampling pumps were calibrated with a Bios DryCal DCLite primary flow calibrator Bios International Corporation Butler NJ USA before and after each sampling event The temperature inside the garage was noted Springfield Precise Wind and Weather Instruments Fort Bragg CA USA during the collection of each air sample Asbestos sample collection equipment materials and procedures were consistent with National Institute for Occupational Safety and Health NIOSH Methods 7400 and 7402 Before any brake removal activities began back- collected ground samples for airborne asbestos were in three different locations in the service centers Per- sonal samples from workers lapels bystander area samples within 1.2-3.1 m of the work activities remote area samples at more distant locations 9-15 m from the work activities and ambient samples for airborne asbestos were collected during tractor brake or backhoe brake removal and disassembly Figures 2 and 3 illustrate the location of the bystander remote area and ambient airborne asbestos samples collectedin relation to the work activities at both the Stockton and the Big Rock facilities Con- secutive min samples were collected at an airflow rate ranging from 1 to 101 min on the right and left lapel of the worker during the brake removal activi- ties To characterize potential bystander exposures to asbestos air samples were collected at breathing analysis of air samples by TEM selected area electron diffraction and dispersive ray were used to assess the fiber type via the diffraction pattern and elemental profile of the asbestos fibers respectively NIOSH 1994c Fibers were counted according to the NIOSH Methods 7400 and 7402 which define fibers as being > ...min length and 0.25 min diameter and having at least a 3 aspect ratio NIOSH 1994a Air samples were also analyzed according to the International Organization for Standardization ISO method for characterization of fiber type size and morphology of fibers > ...min length ISO 1995 - Fiber size and morphology analysis Because OSHA specifies PCM analysis with or without TEM analysis for evaluating occupational exposures to airborne asbestos most studies utilize NIOSH Method 7400. However PCM analysis under NIOSH Method 7400 does not differentiate asbestos fibers from other structurally similar asbestos fibers so OSHA has indicated that TEM analysis NIOSH Method 7402 can be used to quantify the ratio of asbestos fibers to total fibers OSHA 1994 While NIOSH Methods 7400 and 7402 are still used today to determine workplace compliance with the OSHA PEL for asbestos these methods are limited in their ability to account for fiber morphology e.g. presence of a resin that might influence the respirability or the health hazard of airborne fibers zone height 1.5 m at three different locations 1.2 to 3.1 m from the vehicle Bystander samples were collected at an airflow rate of 5-11 min dur- ing brake removal activities on each vehicle 30-60 min Background samples of ambient air outside the shop 90-180 min and remote area inside the shop 30-60 min were also collected for airborne asbestos at an airflow rate of 10 1 min,,during the brake removal activities At least two field blanks were collected during each day of the abovedescribed testing All airborne asbestos samples including personal area background and ambient samples were sent to an accredited laboratory EMS Laboratories Pasadena CA USA for asbestos analysis by phase contrast microscopy PCM NIOSH Method 7400 and TEM NIOSH Method 7402 NIOSH 1994a EMS Laboratories is an asbestos analysis laboratory . accredited by the American Industrial Hygiene Asso- ciation and the National Voluntary Laboratory Ac- creditation Program US Department of Commerce ,. National Institute for Standards and Technology Gaithersburg MD USA and utilizes analysts trained according to NIOSH 582 who adhere to the quality assurance and quality control requirements set forth by OSHA OSHA 1994 and the most cur- While not widely used the ISO Standard method allows for characterization of both fiber size and type as well as determination of the fiber size distri- bution of airborne asbestos and differentiation of free fibers from fibers associated with a respirable matrix ISO 1995 This method in addition to the NIOSH methods was used in this study because the data can then be employed in future doseresponse and risk assessment models while the NIOSH methods are most appropriate for comparing to the OSHA PEL OSHA 1994 Using the ISO methodology asbestos fibers were classified according to fiber size and morphology As- bestos fiber morphology was quantified by categoriz-categoriz- ing asbestos fibers that were > ...min length as free fibers free fiber bundles fiber clusters or matrix fibers including matrix fibers bundles and dispersed arrangements In those instances where asbestos fi- bers were associated with a cluster or matrix the dimensions of the cluster or matrix structure as well as those of the individual fibers comprised within the cluster or matrix were recorded Asbestos fibers were characterized by their morphology and size to evaluate the proportion of airborne fibers that were potentially respirable While fibers up to 3.5 ...min diameter have been detected in the lungs of workers o 8 of 19 A. K. Madl et al a and while fibers of this dimension may represent the very upper bound limit of respirability Gross et al 1971 Morgan and Holmes 1980 Timbrell 1980 1982 a number studies have shown that most fibers that are deposited in the pulmonary region of the lung are thinner than 0.7 mand almost all are thinner than 1 um Harris and Timbrell 1975 Sussman et al 1991a Strom and Yu 1994 Yu et al 1995 Respirable fibers free and bundles were therefore designated as those with diameters of 0.7 ...mThe deposition of fibers contained within clusters or matrices was assumed to be based on the dimensions of the overall cluster or matrix structure Depending on the size and shape of these structures the fiber cluster or matrix may act aerodynamically more like a particle than as a fiber Nonetheless respirability of fiber clusters or matrices was evaluated in two ways as a respirable fiber of diameter 0.7 um or a respirable particle with diameter /10...m In addition fibers 20 ...min length were considered in the size distribution analysis There is a basis of data to suggest that asbestos fibers of this length or greater pose the greatest risk whereas those < m do not Stanton et al conducted a series of animal ex- posure experiments with asbestos and asbestos fibers and ultimately concluded that fibers /8...m in length have little or no mesotheliogenic potential Stanton 1973 Stanton et al 1977 1981 Berman et al 1995 evaluated data from 13 rat inhalation bioassays in which the animals were exposed to nine different types of asbestos dusts and concluded in this analysis that structures contributing to lung tumor risk appeared to be long 25 ...mand thin 0.4 um fibers Berman et al 1995 Berman further noted that potency appeared to increase with increasing length with structures longer than 40 um being 500 times more potent than those between 5 and 40 ...min length These researchers suggested that structures < ...min length did not contribute to lung tumor risk Modeling results reported by Miller et al 1999 indicated that the concentration of fibers lon- getrhan 20 ...mand thinner than 1 ...min diameter is most influential in determining the tumorigenic potential of fibers Miller et al 1999 In addition the US Environmental Protection Agency US EPA contracted the preparation of a technical sup- port document for a protocol to assess asbestosrelated risk Berman and Crump 2003 Based on the modeling results presented in the technical support document the authors concluded that the best estimate of risk for both lung cancer and mesothelioma for fibers between 5 and 10 min length is hundredth of the risk assigned to fibers longer than 10 ...mFurther the best estimate of the potency of fibers shorter than 5 mwas zero for mesothelioma and lung cancer The authors also explained that results from their review of the supporting literature suggest that the optimum cutoff for increased potency occurs at a length that is closer to 20 ...mthan 10 ...m Collection and analysis of bulk asbestos samples For each piece of equipment filings of the brake material from each assembly two drum linings and two band linings and samples of brake wear debris one from each assembly were collected for bulk sample asbestos analysis Both types of bulk material were analyzed by EMS Laboratories using polarized light microscopy PLM according to NIOSH Method 9002 NIOSH 1994b and XRD according to NIOSH Method 9000 NIOSH 1994d Because the asbestos concentration in brake wear debris was anticipated to be below the detection limit for PLM or XRD % a modified approach based on the US EPA methods for detecting asbestos in bulk samples and drinking water was utilized Chatfield and Dillon 1983 Perkins and Harvey 1993 More specifically this approach involved ashing the sample to remove organic material using muffle furnace suspending the ashed sample in water filtering an aliquot of the water suspension transferring the filtered sample onto a TEM grid and characterizing dimensions of fibers according to those measured under NIOSH 7400/7402 Air exchange measurements using tracer gas Sulfur hexafluoride SF was used as a tracer gas to estimate the air exchange rate within the service centers Briefly measurements of the gas were taken according to American Society for Testing and Materials ASTM Method E741-00 ASTM 2001 and air exchange measurements using this method were collected during each day of testing A steady state concentration of 1 p.p.m. for SF6 Aldrich St Louis MO was targeted as the initial room concentration for the tracer gas analysis Tedlar bags Fisher Scientific Hampton NH USA filled with SF6 were then released in the garage with all doors closed Fans on either end of the garage were used to facilitate the gas dispersion After steady state was reached fans were turned off and SF6 measure- ments were taken in 30 intervals with a MIRAN SapphIRe Analyzer Electron Corpora- tion Waltham MA USA Ashtead Technology Rentals for 1 h The air exchange in the garage was calculated using the concentration decay optional regression test method by plotting the natural logarithm of SF6 concentration over time ASTM 2001 Data and statistical analysis For the purposes of statistical analyses results below the analytical sensitivity limit were imputed us- ing a value equal to half the sensitivity limit Analytical sensitivity limits were estimated based on the presumption that one fiber could be counted Asbestos concentrations during heavy equipment brake removal 9 of 19 s within 100 microscopic fields and divided by the volume of air sampled PCM measurements were ad- justed for asbestos fiber content according to the method outlined in NIOSH Method 7402 which specifies multiplying the ratio of asbestos fibers to total fibers observed in the TEM analysis by the PCM fiber concentration NIOSH 1994c The ratios of asbestos to total fibers asbestos and asbestos RESULTS All equipment contained at least one brake assembly with containing linings The thickness . of the brake linings ranged from completely worn to the metal support to 5.94 mm and their asbestos content is presented in Table 1. In summary the asbestos content of the brake lining averaged 19 fibers were based on TEM fiber counts for the same chrysotile by weight range 1-39 as measured filters from which the PCM fiber counts were ob- by XRD and 20 chrysotile by area range 0.5- tained The PCM measurements adjusted by the ratio of asbestos versus total fibers are referred to as 70 as measured by PLM Table 2 Table 1 also presents the asbestos content measured in the break equivalent PCME airborne asbestos con- centrations In circumstances where PCM measure- wear debris The average asbestos content found in these samples was 0.49 of chrysotile asbestos ments were above the sensitivity limit but asbestos fibers were not detectable by TEM a PCME asbestos concentration was not calculated range 0.008-6 All heavy equipment showed brake wear debris with % chrysotile asbestos with the exception of Equipment 9 which had brake Descriptive statistics were performed on PCM TEM and PCME measurements of airborne fiber concentrations collected during the removal of asbescontaining brake assemblies from tractors and handling loader backhoes and also during the clothes activities Results were analyzed by sample location debris in one assembly containing % asbestos It should be noted that this assembly was also missing both drum linings These results indicate that nearly all average of 94.4 range 58-100 the chrysotile in the brake linings degraded or was converted to an amorphous material Specifically for 10 of the 12 background worker bystander remote area and , by testing location Stockton and Big Rock and pieces of equipment over 95 of the chrysotile in the brake linings was degraded to fibrous by assembly oiliness when applicable Eight TWA asbestos exposures during brake removal were . also calculated based on the PCME measurements for both the worker and the bystander based on the assumption that three brake jobs could be con- ducted in a single workday and the remaining time the worker would concentrations For be exposed to background example 90 min of brake removal activities representing work on three pieces of equipment at a concentration of 0.024 cc and a min exposure to background at a concentration of 0.005 cc would result in an h TWA of 0.009 cc Air concentration data were determined to be lognormally distributed based on probability plots Oneway analysis of variance and pairwise comparisons based on the Tukey's test for each group were conducted for natural transformed air concentration data of worker bystander and remote area samples sample test of the transformed worker data was conducted with respect to dry versus oily brake assemblies based on unequal variances Power esti- calculations of the above comparisons were , mated to be 100 A Pearson and Spearman non- parametric analysis was performed to evaluate the whether airborne chrysotile concentrations for , worker untransformed and natural log transformed were influenced or correlated with the asbestos con- tent in the brake lining or brake wear debris and whether the asbestos content in the brake wear debris was influenced by the extent of wear e.g. lining thickness or the original asbestos content in the brake lining particles in the brake wear debris Interestingly there were no correlations found between the asbestos con- tent in the brake lining and brake wear debris suggesting that the asbestos content in the brake lining does not influence the amount of asbestos remaining in the brake wear debris after degradation processes Air sampling results are reported in Tables 2 and 3 Table 2 presents the short 30 min and brake removal airborne asbestos concentrations measured by PCM TEM and PCME for the worker bystander remote and background locations by facility The av- erage airborne chrysotile concentrations as measured by PCM TEM and PCME were 0.053 0.087 and 0.024 cc respectively for the Stockton mechanic and 0.558 0.012 and 0.010 cc measured by PCM TEM and PCME respectively for the Big Rock mechanic Table 2 The overall worker aver- age airborne asbestos concentrations by analytical method are presented and compared to the OSHA min asbestos excursion limit in Fig 4. No corre- lations were found between concentrations of air- borne asbestos for the worker PCME 30 min and the asbestos content in the brake lining or wear de- bris this lack of correlation is likely attributed to the low asbestos concentrations in the air samples and in the brake wear debris The results of the clothes handling activity are also presented in Table 2. The average airborne asbestos handling concentrations measured on the volunteer the clothes were 0.231 0.011 and 0.036 cc when measured by PCM TEM and PCME respectively Likewise at the bystander location average asbestos concentrations of 0.093 0.012 and 0.010 cc were 10 of 19 A. K. Madl et al. results removal SHO'-E~0 8HO0-W' 910'-ZE0, 80-10 06'-SEO'0 EwO-st0 810-710 860-90 90-<0' 06-10 - ol0 010 6<0'-7E0' - 60-80 - - - EZO'-801 800 - 01-90 location Equipment location min worker fiber conetraions conetraions conetraions ( cc PCM TEM TEM and PCME - 00 - remote - - - background wel - location aNd TTaM se say ou work pue asury sjoulas as Iapuysdq WO IayJom SAV Aq (UN u QIN) OF) (GND FAD Eql Eq2 pur WEL Wod osuey Aq 6S suoneTUS.ODwork (29/3) work 6CNDOAV pure Jaqy 4 (GN) Jeaoural (GN) ayraq sojgsy 3 ou n 900 Avg GM GM SD Range Range 810 010 TEM ( NR Z Z < % y = =-= < < OL = OL 0.59 30 OL-WO 0.560.0380.38 0.59 0.13-2 0.13-0.1230.13-2 310 1 I20 0.038 0.027 0.027 0.027 0.07-0.59 0.07-0.59 0.07-0.59 4 - 100 Avg SEND ( ) 1 ZT ~:OZ'-NL310 070 0.09 2 0.30 0 E50 0.015 0.07 0.07 0.1-0.26 0.1-0.26 4 0 020 0.015 L00 0.26 0.13 i0sZ SsoO 0.057 0.01 0.46-0.71 0.46-0.71 4 0 0CO0 0.048 TIO 1 0.026 0.017-0.046 0.017-0.046 0.017-0.046 0.022 0 < 0 0.047 0.023 0.036-0.084 0.036-0.084 410 40 0.29 0.17-46 Z_sCOME-80' < 0.045 0.045 0.029 0.007-0.220 0.007-0.220 OF 10 & 0.087 0.029 O-LEO 0.354 0.230 0.236 0.13-0.62 0.13-0.62 0.13-62 40 0 ZOIEO 0.20 0 OID 0.231 0.19 0.19 0.125 0.125 0.80-.360 0.080-0.360 0.80-.360 22 0 9670 0.01 SIO , BGD OZTO LOO H~0 SIO 1400 L900 Lz~0 920 LOO Sro'0 0&0 HSE0 7670 GOTO 9:0 9STO BCU0 100 9100 S~U0 8500 600 8200 OSO0 0 9870 6IFO TETO 0 0 OT 0 0.007 0.002 0.002 0.006-0.008 0.006-0.008 0.006-0.008 0.012 0.010 OF 0.014 0.009 0.009 0.002 0.07-0.25 0.07-0.25 33 00 )63Olti^'i 0 OF 0.002 sab = - Range = = = PCMEa Avg SD Z = == Z T Z = = 0.5-013 0.5-0.13 . 0.38 0-70 0.5 0. 0.30-0.30 0.3- 0.30-0.30 10 0 0.04 10 0 0.05 * 0.1 0.03-0.30 0.3- 0.3-0.30 10 0 0.03 wO0 0.03 . 0.36 0.20-.10 0.20-.10 0.20-.10 z0 0 0.23 0.004-0.060 0.030-0.300 0.030-0.300 0 0.080.03 E00 0.018 0 0.7 0.003-0.020 0.003-0.020 < < 0.002 0.038 0.003-0.400 0.003-0.400 < 0.024 < 0.1 0.3- 0.2-04 0.2-04 O10-LOD0 3 0.10 IZ~0-LO0 (80-40 0.010 0.02-0.20 0.02-0.20 0.02-0.20 ~00 2 0.036 00 0.0 6z~0N 400 Z10 600 6IOW E100 010 SIO - 6~=D 40 0 F10 HOD 10 E10 ZI0 6100 0.5 OC =- O 200 0 0 0 0.2-0.3 0.1 0.001 0.02-0.03 OF Gg OF OF :synsoz : Sutdures youdinby 321 0.03 0 zbq 0.012 0.010 0.010 0.008 0.008 0.09-0.16 0.09-0.16 0.09-0.16 0 pb 0.001 0.02-0.04 0.02-0.04 0.02-0.04 iby 1 0.008 0.000 0.000 uones/Aadkyye Jo 300 ATeuNS yousq 7 pue nor2015 aIqQU] odures JOxION ayrig 30m yooy Suypaey Youaq Sig somys apurysigy pur ayerg WOH{D01g Asbestos concentrations during heavy equipment brake removal 11 of 19 70'-90' 810-<0 0-10 asury - => con e00 - - To o _- _- - z0 '0 _- _- _- _- - - _- so o = as Equipment Equipment Asbeto fiber conetraions > 7 (00 = 7 = = -0 0- = = 0000 e - = = PCMEa PCMEa rd say =600 NDd ou 7 & ( NR Avg 0 iT 0.004 Range SD -_ n NR Avg _- Range 0.1-8 ND GM 0.1 Avg 0.001-0.008 ~T 72 0.4 0.003 Range Range 0.002-0.003 0.2-03 _- =I = 0.007 Eq3 Eq12 Eq12 | ds Eq4 0 0 WO 00 =r00 Eql +100 =son8 u Eq2 0 50 50 vOoe-I0' 0.15 = 20 0 =I00 0.035 0.093 c0O0 )= T0'0 woe 80 0 = = 600 Z00 z00 tE0 00 0.005 0.05 0.7-026 0-co0 0.01 0.1-02 0.1-0.2 0.24 0.7 _ 0.49-0.59 0.49-0.59 32 0 0.02 0.02 )= - 0.01 0.01 0.001 0.001-0.004 0.6 0.06 0.07-0.59 0.07-0.59 0.07-0.59 200 200 200 0.012 0.012 0.08 0.012 0.012 0.03-0.20 0.03-0.20 _ 0.010 * 0.046-0.140 ss 38200 700 000 THN": z0';d ZO'S 7200 700 Z0'0-s 700 0D: 100 1060 100 zO0 0 ==* )= s = - 700 0.04-0.05 0.04-0.05 0.04-0.05 22 - 0 0.02 0.02 0.02 0.00 0.00 0.02-0.02 0.02-0.02 - <00 + 0.2 0.002 0.003-0.006 0.003-0.006 0.003-0.006 2 0 0 0.002 0.002 0.000 0.000 0.002-0.002 - 0 Eq6 Wal uou cf 6 0 20 0 f 0.005 0. T 0.003-0.007 22 T 0.001 0.0 2 0.03-0.07 0 0.0 1 0.002 0.002 0.003-0.007 0.003-0.007 ct @ 7 0.000 0.000 0.001 2 ft <@ 0.002 tT 0@ 9260-1 asirny Eq10 20 0 650-20 0.05 0. 0.04 0.2-07 0.2-07 0.2-07 21 90-90 0 0.02 0.02 0.02 0.01 0.2-03 0.2-0.3 _ 0.16 0.000 0. 1 (93/9) dS Eq12 Lo0 20 S00 900 0.08 0.0 0.00 0.08 0.07-0.10 0.07-0.10 22 000 0 0.02 0.02 0.02 0.00 0.00 0.02 0.02 9000 6D Eq2 Eq12 vI0 Pso'0 bEO 0.06 0.02 0.02-0.1 0.02-0.1 0.02-0.1 10 900 700 0.02 0.02 0.02 0.00 0.00 0.01-0.03 0.01-0.03 0.0 1 suoTeXOND Oy +00 rIOO 200 200 StoO 0.010 0.1 0.01 0.10-.01 0.10-.01 0.10-.01 22 900 0 8000 0.01 0.01 OTO'O 0.00 0.01 0.01 -_ E70 Jeqy u Eq3 Eq4 00 0.022 0.1 0.001 0.010-0.036 0.010-0.036 0.010-0.036 0 0 0 0 0 00 0 - 0 handling (GN) 0 Wod uu 2 6 os O <^'072 "0 0 0 0 07 07t 07Z Zz 4 Zz 07 07 or 00 Zz 7 ^' 07 0 07 . = bench z1ba cha-1h2a0 200 200 phy-chy 0.006 0.006 0.019-0.027 0.019-0.027 0.019-0.027 21 6bg 0 0.003 0.003 0.020.02 0.002 0.002 0.1-0.4 Tby zby WoneYANBady Yom pantqod yooy Suypury youeg Z a9RL apdures 31g sawpoy sjOBWaSIYey spyueIrg HOTYOS YIOM panoxsyrg poy Suypuey youeg sig. sompoy epyueirg WOTYO}S 12 of 19 A. K. Mad et ai. osucy ds Asbestos Equipment ou _- _- _- - - _- _- -_ S0 0 77=7 - =77 _- _- _7=7 * Asbeto fiber conetraions conetraions conetrais c _- _- -- S0 0 7- 7 = TF 7 - 7 7T = TEM c0-T0 0-10 YOIyM UT Oo safdures _- - _ ~00'O = => 000 000 ~= s _- 7 - Jo Taquinu 700'0 z00;0 <000 _- - > > 7 Z Z _- qN 7 PCME" 30 too NR 0.10 0.07 0.07 0.06 0.02 0.04-0.08 0.3-019 0.008 30 )=600 0 0.06 0.06 0.05 0.05 0.02 0.03-0.07 0.03-0.07 =~ 0 0.008 0.007-0.009 30 0 0.07 0.07 0.06 0.06 0.05 0.02-0.12 0.02-0.12 30 T0'~s10' )= 0 s 0.0 7 0.0 7 0.0 6 0.0 6 0.0 1 0.06-0.07 0.06-0.07 1010 I 0 0.009 0.009 0.008 0.008 0.004 0.002-0.027 con 33 200 =00,- 33 =600 20.0 33 60 700 33 6700 10 0 0.2 0.1 0.0 Range s06-0 Avg 0.1 jou 0.02 0.2-0.3 $00 saydures 0.002 0.1-02 Joquinu 0.02 0.00 0.00 0.02 0.2 0.2 0.002 = )=6 Jo ~~ 0.000 0.01 0.01 0.000 0.00 0.015 $00 P00 yA 0.2 0.02 0.02 0.00 0.00 0.02 -$00 r000 saydures 0.2 0.005 0.002 0.002 0.000 0.000 0.001-0.004 0 20 0.2 0.0 5 c 0 0.008 0.008 0.008 0.008 0.000 0.008 22 0.002 0.000 0.000 WAL 20 0.0 7-0.035 200 200 0.021 0.021 0.021 0.019 0.019 0.007-0.035 tz 22 < 0.002 TT TI 0.002 0.002 0.000 0.000 0.002 uv r WAL osury 610-0 80-70 0.15 0.15 0.15 0.15 0.10 0.7-0.35 0.7-0.35 8070 Se0'-L0' St0-20 0 800 7200 0.01 0.01 1000 0.01 100 100 10 0 000 +610 010 Eq2 . 30 L0;0 0 0.02 0.02 0.02 0.02 0.02 0.01-0.05 0.01-0.05 800 33 SIO0 Eq10 30 300 0.02 0.02 0.02 0.02 0.02 0.01-0.04 0.01-0.04 0.01-0.04 1 sI0e Eql 3004 0 0 0.002 0.002 0.002 0.001 0.001 0.001-0.005 00 Eq3 10 Wod 1 O <0 0.01 0.0 1 0.0 1 0.01 - 0.0 1 0.001 = 0 7f 1 ^' 0.001 multipled of asbestos asbestos fibers total fibers fibers measured measuredby TEM n number Aq _ Too 0.02 0.0 0.0 0.02 Ttoo 100 100 pamsvoul )3= _ 720; co TO; T00 0.01 0.004 0.001 0.001 0.04-.05 0.1 0.01 0.001 0.001 0.05-.07 ajqvoyde = = sraqy 0.04-.05 0.04-.05 1000 [0e1)01 jou 0.05-.07 0.05-.07 2 0.004 0.00 0.00 0.1 0.000 0.001 0.001 0.000 0.3 0.0003 0 0.0005 0.0005 0.0 03 O 0.< 0005 0.0004-0.0010 0.0004-0.0010 0 T or rf samples NR number number samples 0.samples 3-0.5 readable readable ND 0.0 Aq 0.03Jo preurys - Orr ay) Ggazam Aq sioqy number numberof Say asbetos uornesuo panuyod OM yorym paojapUl . Yyoueq yooy pure yooy Wg jou sojdumes "7 Sig TOFIONS sem uo Sig 2981, odureg jusiquy syeig . pewodsyaqse paseg,  Asbestos concentrations during heavy equipment brake removal 13 of 19 Table 3. Summary of fiber size and morphology of airborne asbestos fibers collected on the worker during brake removal Fiber structure n Total Percent fibers % classified as fiber or particle with dimensions of classification fibers % Respirable fiber Respirable Respirable particle 0.7 ...mwidth < ...mwidth b 10 ...mwidth Total fibers 261 ~ > ...m length % - 20 ...m length % > ... l_ength % 1327 20 ...m > ...m length % _ length % 20 ...m length % Free bundle Fiber clusters Matrix disperse 95 36 8 3 158 18 2 20 0 20 0 1327 2 1327 1 1327 0 3 36 9 FD ar ee i ee OSHA30 Minute Excursion Limit Se i ca i ne ten ae ee ciate tae 0 a ta ae eta fee nly ar ee i Nee cc 0.8 f e Concentration 0.6 - Concentration Concentration H Concentration H . * ome Maximum + Minimum # Average PCM TEM Based samples in which asbestos fibers were detected by TEM POME Fig 4. Comparison of worker asbestos concentrations cc 30 min by analytical methods PCM TEM and PCME measured using PCM TEM and PCME respec- tively sampling times were 30 min in duration and collected during the anticipated peak times of exposure Figure 5 presents the average asbestos concentrations as measured by PCME for the worker bystander remote and background locations as compared to the current OSHA min excursion limit for asbestos Asbestos was not detected in more than half of the samples collected at the bystander lo. cations even though 1.2 m from the work activity as determined by TEM and average airborne asbestos concentrations at the bystander locations were generally less than half of those measured for the mechanic Airborne concentrations were 0.014 cc PCM 0.005 cc TEM and 0.009 cc PCME at bystander locations at the Stockton facility and 035 cc PCM 0.002 cc TEM and 0.002 cc PCME at bystander locations at the Big Rock facility Table 2 Airborne asbestos concentrations found at the remote and background locations sam- ples were even lower than those found at the bystander locations It is interesting to note however that actinolite one fiber was detected in two ambient air samples and one worker sample although this finding is not surprising since actinolite is commonly found in ambient air Lee and Van Orden 2008 Because four pieces of equipment Eq3 Eq4 Eq6 and Eq7 had at least one assembly saturated in oil airborne asbestos concentrations found on the worker removing those brakes were compared to the concentrations found while removing dry brake assemblies The resulting average asbestos concentration during oily brake removal 0.009 cc was less than onefourth the concentration of dry brake removal 0.043 cc as measured by PCME These findings were statistically significant P = 0.001 by a twosample test of the transformed worker data Estimated h TWA asbestos exposures were calcu- lated for the worker and the bystander Considering the time involved in the brake removal activity and assuming three brake removal jobs are conducted per shift the resulting average h TWA was esti- mated to be 0.009 cc for a mechanic and 0.006 cc for bystander Therefore h TWA asbestos exposures for mechanics performing brake removal on heavy equipment and those standing nearby this work are not likely to exceed the current OSHA PEL of 0.1 cc Table 3 presents a summary of fiber size and mor- phology of the airborne asbestos fibers collected on 14 of 19 32 A. K. Madl et al OSHA 30 Minute Excursion Lim Concentration 06 Concentration ' . Concentration Concentration 04 Concentration 04 Bad Maximum - Minimum Average a 4 0.0 t 8. Bystander + Remote Worker Bystander Remote * : Background Fig 5. Comparison of worker bystander remote area and background airborne asbestos concentrations cc PCME 30 min the worker Within the worker samples there were 261 total asbestos fibers counted using the ISO methodology Of these only 36 were free fibers or bundles 18 were free fibers or bundles with diameter 0.7 ...mlength > 5 ...mand only % were free fibers or bundles with diameter 0.7 ...and length 20 ...mThe remaining fibers were either in clusters % or attached to a matrix 61 Only % of the fibers however were part of a cluster that may be respirable 10 ...min width and 44 of fibers were part of a matrix that may be respirable Figure 6 is an image of fiber clusters collected in worker samples and exemplify fibers that are part of a much larger matrix DISCUSSION This study was conducted to assess possible exposures to airborne asbestos during removal and disassembly of containing brakes from heavy construction equipment manufactured during the 1950-1980 time frame The data collected in this simulation study are believed to capture the plausible range of variables that might influence exposures during brake removal and disassembly from heavy construction equipment as well as the potential exposure associated with handling work clothes The work activities were conducted under low ventilation conditions e.g. no active local or general ventilation and low building air exchange by mechanics with varying years of experience and techniques at different maintenance service centers and on different heavy construction equipment tractors and backhoes with similar brake assembly configurations but representing a range of equipment use e.g. e.g. hours and brake lining wear The results collected from Fig 6. TEM image of a fiber cluster collected during a short- term worker sample performing brake removal on Equipment 6 courtesy of EMS Laboratories this study provide information not only on airborne asbestos exposures experienced by mechanics removing containing brakes from heavy construction equipment and by persons nearby these activities but also on the extent to which chrysotile asbestos degrades into fibrous particles during braking of heavy construction equipment the influence that dry versus oily brake assemblies has on airborne asbestos exposures and the size and Asbestos concentrations during heavy equipment brake removal 15 of 19 morphological distribution and potential respirability of airborne chrysotile fibers generated during the brake removal activities Although most of the brake removal work was conducted at the Stockton CA service center 10 backhoes and not at the Big Rock IL facility 2 tractors worker exposures resulting from brake removal and disassembly at these two facilities mechanics and types of equipment appeared to be similar The most striking effect on airborne asbestos concentrations measured on the workers lapel was the internal dryness of the brake housing i.e. whether it was saturated with oil with dry assemblies resulting in worker exposures of 0.043 cc range 0.01-0.13 cc and oily assemblies resulting in worker exposures of 0.009 cc range 0.0030.016 cc No correlation was apparent using regression analyses for the amount of asbestos present in the brake wear debris when compared to the asbestos content in the drum and band linings or to the ex- . tent to which the linings were worn e.g. lining thickness It is possible that this lack of correlation reflects the already low chrysotile asbestos concen- trations present in the brake wear debris 0.49 inability of these fibers to become airborne during manipulation and compressed air blowout of the brake assembly and similar surface area dynamics during the mechanical action of the braking process that is independent of the asbestos content The precision of airborne fiber concentrations is dependent on the fiber density and proportion of filter surface area e.g. microscope fields examined with statistical uncertainties generally being inversely proportional to the fiber density Johnston et al 1982 Ogden 1982 Cherrie and Johnston 1986 Lange et al 1996 It has been reported that the accuracy is not greatly improved for counts beyond 50 fibers and thus has been recommended that at least 50 fibers be counted and the number of fields be only limited where the airborne fiber concentrations are important so low that the accuracy is no longer | Ogden 1982 These concepts have been incorpo- rated into the current NIOSH method for asbestos micro- NIOSH 1994a where 100 fibers or 100 | scope fields whichever criterion is met first are counted For the majority of the worker samples collected in this simulation study 50 fibers were counted within the prescribed 100 microscope fields whereas far fewer fibers 10-20 fibers were observed in samples collected in bystander or remote area locations The confidence limits would as a re- sult be expected to be narrower for worker compared to those for area airborne asbestos concentrations Based on the data collected in this study however it was determined that the data represented a power of 100 at a 95 confidence level to detect a differ- ence between worker bystander and remote area measurements as well as worker exposures handling dry versus oily brake assemblies Based on standard tests comparisons worker exposures were found to be significantly higher than those measured at bystander or remote area locations P < 0.0001 and worker exposures while removing brakes from dry assemblies were statistically greater than those associated with oily assemblies P = 0.001 Although Boelter et al 2007 evaluated airborne asbestos levels during repair of heavy construction machinery they did not restrict their study to just brake work Boelter et al 2007 Boelter et al 2007 evaluated asbestos air concentrations during frame maintenance and repair activities which included aggressive techniques that resulted in visible dust from work involving friction products and gaskets Further the work performed during this study included dismantling cleaning and reassem- bling engines and clutches Because a narrow range of work tasks were involved with brake removal only a subset of asbestos measurements from the Boelter et al 2007 study can be directly compared to our study It was observed that airborne asbestos concentrations observed during brake removal and disassembly were equal to or less than those of com- parable work activities reported in the Boelter et al 2007 Work involving band brake removal rivets and friction lining removal from brake band or brake shoe and disc brake assembly removal resulted in average min airborne asbestos concentrations ranging from 0.044 to 0.045 cc PCME in the Boelter et al 2007 study The average airborne asbestos concentration for similar activities in our study was 0.016 cc range 0.001-0.090 cc PCME Boelter et al collected and analyzed debris from the brake assembly of each piece of equipment and reported detectable or % asbestos levels for every sample Because PLM was utilized as the method for bulk sample analysis of brake wear de- bris and because concentrations below % are not detectable this approach did not allow for precisely quantifying the extent to which chrysotile is de- graded during braking While we did not specifically measure forsterite concentrations in brake wear de- bris indirectly we can determine how much chryso- tile is degraded by measuring the chrysotile content in the friction lining and in the brake wear debris re- siding in the brake housing With TEM analysis we were able to quantify the amount of chrysotile in the brake wear debris average 0.49 range 0.008-6 and determine that 95 of chrysotile in the brake lin- ing is degraded to fibrous asbestos particles in the friction process These findings are comparable to those reported for passenger automobiles with reported averages being between 0.02 and 4.5 asbestos with the majority of wear debris samples containing % chrysotile Hickish and Knight 1970 Luxon 1970 Anderson et al 1973 Jacko et al 1973 Rohl et al 1977 Rowson 1978 16 of 19 A. K. Madl et al Williams and Muhlbaier 1982 Cha et al 1983 Sheehy et al 1989 We acknowledge that the de- graded chrysotile may not in fact be chemically equivalent to forsterite and that it may be some other asbestos amorphous material Langer 2003 Candela et al 2007 It is also acknowledged that the material that is called chrysotile in this analysis may not possess the biologic activity of chrysotile asbestos due to dehydroxylation and other stresses as has been suggested by Langer 2003 Few studies have characterized the size distribu- tion and morphological characteristics of asbestos fibers associated with handling containing friction materials Atkinson et al 2004 Jiang et al 2008 Madl et al 2008 and other studies have evaluated the size and type of asbestos fibers retained within the lungs of mechanics Churg and Wiggs 1986 Dodson et al 1991 Roggli et al 2002 In the former set of studies however fiber characteristics were associated with directly handling replacement containing automobile brakes and in the latter group of studies the source of the fibers retained within the lungs can only be qualitatively associated with employment history To the best of our knowledge no studies have evaluated the size distribution and morphological charac- teristics of asbestos fibers in brake wear debris released during the disassembly of brakes and in particular in heavy equipment brakes We found that 61 of the airborne asbestos fibers were associated with a matrix or resin that can significantly influence the potential respirability of these fibers of the fibers associatewdith a matrix only % were potentially respirable using cutoff of particle diameter of 10 ...mand had fiber lengths 20 ...mOf the free fibers or bundles not associated with a matrix only % of airborne fibers were respirable cutoff of fiber diameter of 3 ...mThus even with the low concen- trations of airborne asbestos fibers released during heavy construction equipment brake removal and disassembly only a small percentage of these fibers were likely to be respirable The exposure and epidemiologic literature for automobile mechanics can provide a useful benchmark for exposures measured in this study In a recent assessment of all the published and unpublished industrial hygiene data collected during asbestos brake repair by vehicle mechanics nearly 200 brake job and h TWA airborne asbestos samples were ana- lyzed Paustenbach et al 2003 In this assessment which encompassed measurements collected in seven different countries over the last 30 years average h TWA concentrations of 0.04 cc for airborne asbestos were found with individual measurements ranging from 0.002 to 0.68 cc reported for brake mechanics servicing light trucks and passenger ve- hicles Paustenbach et al 2003 This value 0.04 cc is identical to that identified by US EPA in the survey that they conducted in 1984 Weil et al 1985 The values are also not dissimilar from the analysis of 200 short samples recently reported by Richter et al 2008 In addition since 1975 six epidemiologic case- control studies and two analyses have evaluated the risk of asbestos disease among mechanics McDonald and McDonald 1980 Teta et al 1983 Spirtas et al 1985 1994 Woitowitz and Rodelsperger 1994 Teschke et al 1997 Agudo et al 2000 Wong 2001 Hessel et al 2004 These studies have consistently found no increased risk of mesothelioma in brake mechanics Studies that specifically evaluated mechanics involved in brake lining installation and repair also showed a rela- tive risk consistently 1.0 Spirtas et al 1985 Woitowitz and Rodelsperger 1994 Teschke et al 1997 Hessel et al 2004 It has been noted that the risk of mesothelioma in brake mechanics is sim- ilar to that of other occupations that do not involve occupational exposure to asbestos such as teachers librarians and accountants Teschke et al 1997 Based on these findings the available epidemiological data show that employment as a motor vehicle mechanic or more specifically a brake repair worker does not result in an increased risk of developing mesothelioma Paustenbach et al 2004 Taking the ep- idemiologic and industrial hygiene findings together we can conclude auto mechanics who repair ascontaining brakes as a career are exposed on average to 0.04 cc range 0.002-0.68 cc of as- bestos and are therefore not at an increased risk of asbestos disease including mesothelioma Paustenbach et al 2003 The range of lifetime cumulative doses of chrysotile have been characterized by Finley et al 2007 and were reported to range from 0.16 to 0.41 cc year for facilities with no control procedures 1970s and from 0.010 to 0.012 cc year for those employing engineering controls 1980s Upper bound 95 estimates for the 1970s and 1980s were 1.96-2.79 and 0.07-0.10 cc year respectively Finley et al 2007 These data also suggest that mechanics conducting brake work on heavy construction equipment similar to that described in this simulation study are comparable to exposures of automobile mechanics Fig 7 and as a result would also not be expected to be at an increased risk of asbestos disease In summary the short airborne asbestos con- centrations measured for both a worker removing containing brakes from heavy construction equipment as well as for a bystander working in the vicinity of such activity were below both the current OSHA excursion limit for asbestos and all the previ- ous US occupational asbestos standards Based on a collection of 44 samples this study found that short exposures 30 min of a mechanic to air- borne asbestos during the removal and disassembly . Asbestos concentrations during heavy equipment brake removal 17 of 19 30 ; +4 : an Tae . Yuva Yuva Yuva 5 4. 5 gn uernneenenntaneneg H i = 2 s & 211485 . . fe pt a ee oe weeny 11 Mas onver Massonver Rijm.om . Rijm.om S arn, xyge CAS PEL entyenss au aneeuwawecnme ween, - 0.01 t e I T ' a: 2001 4 Stardecer Hickshox 1979 1976 Fookerte ( ) 1976 LTaBSDY eae Stardecer Stardecer Stardecer Stardecer OFF BETS. Stardecer Stardecer Stardecer Roberts Roberts woodelsporgy Koog 1725 1998 11 ) HOP Zumwalde woodelsporgy Sheeekt yal Staeks oef Sta) (2003) 1982 18876 1887 Stardecer Stardec for Seal Stardecer Stardecer Stardecer Stardecer Stardecer Eitonc e Sea4l 807 cucony babe Buckes and Spencer 120078 Fig 7. Comparison of airborne asbestos exposures for automobile mechanics to those measured by mechanics handling asbestoscontaining brakes on heavy construction equipment of containing brakes from heavy construction equipment average 0.024 cc range 0.001-0.1 cc whereas h TWA exposures average 0.009 cc range 0.005-0.23 cc based on the assump- tion that three brake assemblies could be removed within a workday The industrial * hygiene data presented here should therefore prove useful for re- trospective and current exposure assessments of indi- viduals and hazard assessments of work activities that involve repairing and replacing containing brakes contained in heavy construction equipment Hickish and Knight 1970 Johnson et al 1979 Roberts 1980a Roberts and Zumwalde 1982 Rodelsperger et al 1986 Moore 1988 Sheehy et al 1989 Blake et al 2003 Boelter et al 2007 : FUNDING New Holland Acknowledgements research was supported by Case- equip- New Holland a manufacturer of heavy construction ment which has been involved in litigation related to the possible exposure of brake mechanics to asbestos Some of the authors have served as expert witnesses in litigation regarding the potential asbestos health hazards to mechanics histori- cally involved in automobile and heavy equipment acknowledge repair work The authors would like to thank and partic- Pearl Moy Ellen Donovan and the mechanics for their ipation in the simulation study as well as Paul Scott and James Keenan for their contributions to the analysis and graphical pre- sentation of these data REFERENCES Agudo A Gonz^lezCA Bleda MJ et al 2000 Occupation and risk of malignant pleural mesothelioma a control study in Spain Am J Ind Med 37 157-68 Anderson AE Gealer RL McCune RC et al 1973 Asbestos emissions from brake dynamometer tests New York NY Society of Automotive Engineers SAE Automobile Engineering Meeting Detroit MI 14-18 May 1973. Paper No. 730549 . Anderson HA Lilis R Daum SM et al 1976 Householdcontact asbestos neoplastic risk Ann NY NY Acad Sci 271 311-23 Anderson HA Lilis R Daum SM et al 1979 Asbestosis among household contacts of asbestos factory workers Ann NY NAY cad Sci 330 387-99 ASTM 2001 Standard test method for determining air change in a single zone by means of a tracer gas dilution West Conshohocken PA American Society for Testing and Materials ASTM E741-00 Atkinson MA O'Sullivan O'Sullivan M Zuber S et al 2004 Evaluation of the size and type of free particulates collected from unused containing brake components as related to potential for respirability Am J Ind Med 46 545-53 ATSDR 2001 Toxicological profile for asbestos Atlanta GA US Department of Health and Human Services Public Health Service Agency for Toxic Substances and Disease Registry ATSDR Berman DW Crump KS 2003 Final Draft Technical support document for a protocol to assess asbestos risk Washington DC Office of Solid Waste and Emergency Response US Environmental Protection Agency US EPA EPA # 9345.4-06 Berman DW Crump KS Chatfield EJ et al 1995 The sizes shapes and mineralogy of asbestos structures that induce following lung tumors or mesothelioma in HAN rats inhalation Risk Anal 15 181 95 Blake CL Van Orden DR Banasik M et al 2003 Airborne as- bestos concentration brake changing does not exceed per- missible exposure limit Regul Pharmacol 38 58-70 Boelter FW Spencer JW Simmons CE 2007 Heavy equip- ment maintenance exposure assessment using a time- activity model to estimate surrogate values for replacement of missing data J Occup Environ Hyg 4 525-37 Candela PA Crummett CD Earnest DJ et al 2007 Low- pressure decomposition of chrysotile as a function of time and temperature Am Mineral 92 1704 13 18 of 19 A. K. Madl et al Cha S Carter P Bradow RL 1983 Simulation of automobile brake wear dynamics and estimation of emissions Warrendale PA Society of Automotive Engineers SAE Passenger Car Meeting Dearborn Michigan 6-9 June 1983. Technical Paper Series No. 831036. pp 1-21 Chatfield EJ Dillon MJ 1983 Analytical method for determination of asbestos fibers in water Athens GA Environmental Research Laboratory Office of Research and Development US Environmental Protection Agency 4-83-043 density Cherrie J Johnston AJA 1986 The influence of fiber on the assessment of fiber concentration using the membrane filter method Am Ind Hyg Assoc J 47 465-74 Churg A Wiggs B. 1986 Fiber size and number in workers exposed to processed chrysotile asbestos chrysotile miners and the general population Am J Ind Med 9 143 52 Dodson RF Garcia JG O'Sullivan M et al 1991 The usefulness of bronchoalveolar lavage in identifying past occupational exposure to asbestos a light and electron microscopy study Am J Ind Med 19 619-28 dos Santos Antao VC Pinheiro GA Wassell Asbestosis mortality in the USA facts and Occup Environ Med 66 335-8 JT 2009 predictions Eisenbud M Wanta RC Dustan C. 1949 occupational berylliosis J Ind Hyg Toxicol 31 282-94 Epler GR Fitz Gerald MX Gaensler EA et Asbestos disease from household Respiration 39 229-40 al 1980 exposure Finley BL Richter RO Mowat FS et al 2007 Cumulative asbestos exposure for US automobile mechanics involved in brake repair circa 1950s J Expo Sci Environ Epidemiol 17 644-55 Gross P Tuma J DeTreville RTP 1971 Lungs of workers exposed to fibreglass Arch Environ Health 23 67-76 Harper GA 1998 Brakes friction materials the history and development of the technologies Bury St Edmunds UK Mechanical Engineering Publications Ltd pp 1 79 Harris RL Jr Timbrell V. 1975 The influence of fibre shape in lung mathematical estimates Inhaled Part 4 75-89 Hessel PA Teta MJ Goodman M et al 2004 Mesothelioma among brake mechanics an expanded analysis of a casecontrol study Risk Anal 24 547-52 Hickish DE Knight KL 1970 Exposure to asbestos during brake maintenance Ann Occup Hyg 13 17-21 ISO 1995 Ambient determination of asbestos fibres- transfer transmission electron microscopy method Geneva Switzerland International Organization for Standardization ISO ISO10312 Jacko MG DuCharme RT Somers JH 1973 Brake and clutch emissions generated during vehicle operation New York NY Society of Automotive Engineers SAE Automobile Engineering Meeting 14-18 May 1973. Paper No. 730548 pp 1-20 Jiang GC Madl AK Ingmundson KJ et al 2008 A study of airborne chrysotile concentrations associated with handling unpacking and repacking boxes of automobile clutch discs Regul Toxicol Pharmacol 51 87 97 Johnson P Zumwalde RD Roberts D. 1979 Industrial hygiene assessment of seven brake servicing facilities- Asbestos Cincinnati OH National Institute for Occupa- tional Safety and Health Johnston AM Jones AD Vincent JH 1982 The influence of external aerodynamic factors on the measurement of the airborne concentration of asbestos fibres by the membrane filter method Ann Occup Hyg 25 309-16 Joubert L Seidman H Selikoff IJ 1991 Mortality experience . of family contacts of asbestos factory workers Ann N Y Acad Sci 643 416-8 Kelly TD Matos GR 2009 Historical statistics for mineral and material commodities in the United States Reston VA US Department of Interior US Geological Survey Lange JH Lange PR Reinhard TK et al 1996 A study of during personal and area airborne asbestos concentrations asbestos abatement a statistical evaluation of fibre concen- tration data Ann Occup Hyg 40 449 66 Langer A. 2003 Reduction of the biological potential of chrysotile asbestos arising from conditions of service on brake pads Regul Toxicol Pharmacol 38 71-7 Lee RJ Van Orden DR 2008 Airborne asbestos in buildings Regul Toxicol Pharmacol 50 218-25 Li FP Lockich J Lapey J et al 1978 Familial mesothelioma after intense asbestos exposure at home JAMA 240 467 Lieben J Pistawka H. 1967 Mesothelioma and asbesos exposure Arch Environ Health 14 559-63 Luxon S. 1970 Technical implementation of the new asbestos regulations Ann Occup Hyg 13 23-4 Lynch JR 1968 Brake lining decomposition products J Air Pollut Control Assoc 18 824-6 Madl AK Scott LL Murbach DM et al 2008 Exposure to chrysotile asbestos associated with unpacking and repacking boxes of automobile brake pads and shoes Ann Occup Hyg 52 463-79 Magnani C Terracini B Ivaldi C et al 1993 A cohort study on mortality among wives of workers in the asbestos cement in- dustry in Casale Monferrato Italy Br J Ind Med 50 779-84 Maines R. 2005 Asbestos and fire technological trade and the body at risk New Brunswick NJ Rutgers University . Press pp 1 254 McDonald AD McDonald JC 1980 Malignant mesothelioma in North America Cancer 46 1650-6 Miller BG Jones AD Searl A et al 1999 Influence of characteristics of inhaled fibres on development of tumours in the rat lung Ann Occup Hyg 43 167 79 Moore LL 1988 Asbestos exposure associated with automotive brake repair in Pennsylvania Am Ind Hyg Assoc J 49 A12-3 Morgan A Holmes A. 1980 Concentrations and dimensions lung of coated and uncoated asbestos fibres in the human Br J Ind Med 37 25-32 NIOSH 1994a Asbestos and other fibers by phase contrast microscopy PCM Method 7400. NIOSH Manual of Analytical Methods Washington DC for Occupational Safety and Health Publication No. 94-113 National Institute NIOSH DHHS NIOSH 1994b Asbestos bulk by polarized light microscopy PLM Method 9002. NIOSH Manual of Analytical Meth- ods Washington DC National Institute for Occupational Safety and Health NIOSH DHHS Publication No. 94-113 NIOSH 1994c Asbestos by transmission electron microscopy TEM Method 7402. NIOSH Manual of Analytical Meth- ods Washington DC National Institute for Occupational Safety and Health NIOSH DHHS Publication No. 94-113 NIOSH 1994d Chrysotile asbestos by ray diffraction XRD Method 9000. NIOSH Manual of Analytical Meth- ods Washington DC National Institute for Occupational Safety and Health NIOSH DHHS Publication No. 94-113 94-113 Ogden T. 1982 The reproducibility of asbestos counts London Health and Safety Executive HSE Laboratories pp 1-15 Research Paper 18 OSHA 1994 Occupational exposure to asbestos final rule Fed Regist 59 40964-6 Paustenbach DJ Finley BL Lu ET et al 2004 Environmental and occupational health hazards associated with the presence of asbestos in brake linings and pads 1900 to present A state review J Toxicol Environ Health B Crit Rev 7 25-80 Paustenbach DJ Richter RO Finley BL et al 2003 An eval- uation of the historical exposures of mechanics to asbestos in brake dust Appl Occup Environ Hyg 18 786-804 Perkins RL Harvey BW 1993 Test method Method for the determination of asbestos in bulk building materials Research Triangle Park NC Atmospheric Research and Asbestos concentrations during heavy equipment brake removal 19 of 19 Exposure Assessment Laboratory US Environmental Pro- tection Agency EPA Piacitelli GM Whelan EA Sieber W et al 1997 Elevated lead contamination in homes of construction workers Am Ind Hyg Assoc J 58 Richter RO Finley BL Paustenbach DJ et al 2008 An eval- uation of short exposures of brake mechanics to asbes- tos during automotive and truck brake cleaning and machining activities J Expo Sci Environ Epidemiol Roberts DR 1980a Industrial hygiene report asbestos at al- lied brake shop Cincinnati OH Industrial Health Section Division of Surveillance Hazard Occupations and Field Studies National Institute for Occupational Safety and Health NIOSH Roberts DR 1980b Industrial hygiene report asbestos read- ing brake and alignment service Reading OH Industrial Hygiene Section Industry Studies Branch ' Division of Surveillance Hazard Occupations and Field Studies Na- tional Institute for Occupational Safety and Health NIOSH Roberts DR Zumwalde RD 1982 Industrial hygiene sum- . mary report of asbestos exposure assessment for brake mechanics Industrial Hygiene Section Industry Stud- ies Branch Division of Surveillance Hazard Occupations Field Studies National Institute for Occupational Safety and Health NIOSH Report No. 32-4 Rodelsperger K Jahn H Bruckel B et al 1986 Asbestos dust exposure during brake repair Am J Ind Med 10 63 72 Roggli VL Sharma A Butnor KJ et al 2002 Malignant mesothelioma and occupational exposure to asbestos a clinico- pathological correlation of 1445 cases Ultrastruct Pathol 26 55-65 Rohl AN Langer AM Klimentidis R et al 1977 Asbestos repair content of dust encountered in brake maintenance and Proc R Soc Med 70 32-7 . Rowson DM 1978 The chrysotile content of the wear debris of brake linings Wear 47 315-21 Sheehy JW Cooper TC O'Brien DM et al 1989 Control of asbestos exposure during brake drum service National Institute for Occupational Safety and Health DHHS NIOSH Publication No. 89-121 Skinner HC Ross M Frondel C. 1988 Asbestos and other fibrous minerology crystal chemistry and health effects New York NY Oxford University Press pp 1-149 . Spirtas R Heineman EF Bernstein L et al 1994 Malignant Occup mesothelioma attributable risk of asbestos exposure Environ Med 51 804-11 , Spirtas R Keehn R Wright W et al 1985 Mesothelioma risk related to occupational or other asbestos exposure prelimi- nary results from a control study Am J Epidemiol . 122 518 Stanton MF 1973 Some etiological considerations of fiber carcinogenesis Biological effects of asbestos proceedings of a working conference Lyon France International Agency for Research on Cancer IARC Stanton MF Layard M Tegeris A et al 1981 Relation of particle dimension to carcinogenicity in amphibole asbes- toses and other fibrous minerals J Natl Cancer Inst 67 965-75 Stanton MF Laynard M Tegeris A et al 1977 Carcinogenicity of fibrous glass pleural response in the rat in relation to fiber dimension J Natl Cancer Inst 58 587-603 Strom KA Yu CP 1994 Mathematical modeling of siliconcarbide whisker deposition in the comparison between rats and humans Aerosol Sci Technol 24 193 209 Sussman R Cohen B Lippman M. 1991a Asbestos fiber deposition in a human tracheobronchial cast I. Experimental Inhal Toxicol 3 145-60 Sussman RG Cohen BS Lippmann M. 1991b Asbestos fiber deposition in a human trancheobronchial cast II Empirical model Inhal Toxicol 3 161-79 Teschke K Morgan MS Checkoway H et al 1997 Mesothe- lioma surveillance to locate sources of exposure to asbestos Can J Public Health 88 163-8 Teta MJ Lewinshon HC Meigs JW et al 1983 Mesothelioma Med in Connecticut 1957-1977 Occupational and geographic associations J Occup 25 749 56 Timbrell V. 1980 Measurement of fibers in human lung tissue In Wagner JC editor Biological effects of mineral fibers Lyon France International Agency for Research on Cancer IARC Timbrell V. 1982 Deposition and retention of fibers in the human lung Ann Occup Hyg 26 347-69 Weil S Delpire A. 1985 US EPA ( 1985 Internal memoran- dum to A Moll regarding asbestos exposure and ambient Washington DC US Environmental Protection Agency US EPA Office of Policy Planning and Evaluation Williams RL Muhlbaier JL 1982 Asbestos brake emissions Environ Res 29 70-82 Woitowitz HJ Rodelsperger K. 1994 Mesothelioma among car mechanics Ann Occup Hyg 38 635-8 Wong O. 2001 Malignant mesothelioma and asbestos expo- sure among auto mechanics appraisal of scientific evidence Regul Toxicol Pharmacol 34 170-7 Yu CP Zhang L Oberdorster G et al 1995 of refractory ceramic fibers RCF from the development of a model Environ Res 65 243 Deposition rat lung- 53