Document poQZZYpBRR5k7zyb0DN3L43j

FILE NAME Household Contact HC DATE 2011 Jan DOC HC055 DOCUMENT DESCRIPTION Legal - Declaration of Barry Castleman 3 4 5 6 7 8 9 10 11 STEVEN M. HAROWITZ BAR NO 71117 harowitz@htlawoffices.com . KATHERINE Y. WANG BAR NO 215663 wang@htlawoffices.com SARAH E. GILSON BAR NO 260263 gilson@htlawoffices.com HAROWITZ & TIGERMAN LLP 450 Sansome Street 3rd Floor San Francisco California 94111 Telephone 415 788-1588 Attorneys for Plaintiffs SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION 12 DAVID J. PALOMARES Case No CGC 10-275463 13 .Plaintiff .Plaintiff 14 VS. AC and S INC et al 16 17 Defendants 18 19 20 21 22 ) ) ) DECLARATION OF BARRY I. ) CASTLEMAN Sc.D. ) ) ) ) ) ) ) ) ) ) ) 22 23 23 BACKGROUND AND QUALIFICATIONS 1. My name is Barry Castleman I received a Bachelor's Degree in Chemical _ 26 Engineering from Johns Hopkins University 1968. I have a Master's Degree in 27 Environmental Engineering which was mainly in areas related to air pollution control 28 1 Documents and Settings Documents to convert of BC Household Contact Rev.doc from Johns Hopkins University 1972. I have a Doctor of Science Degree in Health Policy from Johns Hopkins School of Hygiene and Public Health 1985 2. My professional experience goes back over 30 years in the area of asbestos and other occupational and environmental health problems My field is occupational and environmental health policy which is a branch of Public Health mainly oriented towards 6 prevention the recognition of risk factors and the of disease from industrial activities 7 3. The Doctoral degree was awarded for two years of course work various 9 examinations and the writing of a doctoral dissertation The course work was mainly in the areas of toxicology epidemiology biostatistics physiology and public health policy These are the tools that are used to understand how the body works and can be damaged by toxic substances how these effects cabne identified by means of various studies of people studies of animals experimentally exposed etc. 4. My Doctoral thesis was Asbestos An Historical Case Study of Corporate Response to an Industrial Health Hazard and is largely identical to a book published in 1984 by Prentice Hall Law and Business called Asbestos Medical and Legal Aspects now in its 5th Edition 2004 The doctoral thesis is an historical review of the asbestos , problem as a public health problem in society worldwide but mainly in the United States It encompasses a comprehensive review of medical literature of all kinds as well as other literature available in libraries and published sources such as government publications safety magazines engineering journals trade magazines insurance publications encyclopedias popular magazines and newspapers The doctoral thesis also involved research based on unpublished government records The government records included workers compensation claims files where claims had been made by individuals alleging 2 Documents and Settings Documents to convert of BC Household Contact Rev.doc a that they had asbestos diseases of the lungs claims against various companies that 2 were their employers some of which companies were also manufacturers of asbestos 3 insulation products these individuals has used in the course of their work 4 5. In addition to published information of all kinds 1 examined files unpublished 5 information available from the U.S. government archives the archives of scientists and 6 7 the archives of institutions that had worked for and with asbestos companies 8 6. have also looked at unpublished information which was obtained in legal 9 discovery This included trade association minutes corporate documents and testimony 10 11 12 of corporate officials who were associated with asbestos hazards over the years - doctors plant managers executives and other people who were aware of events that transpired For example I have reviewed documents obtained from the American Petroleum Institute 13 the API and the Industrial Health Foundation formerly known as the Industrial | 1125 Hygiene Foundation the IHF 7. In addition to published information and corporate knowledge that came lh 118 7 primarily out of legal discovery I have also interviewed numerous current and former 19 leading officials in the field of industrial medicine and hygiene They included 2200 physicians who were active in the field of occupational medicine such as Harold Stewart 21 21 who first published on asbestosis in 1931 and Alfred Angrist who first published on 22 24 24 225 5 asbestos and lung cancer in 1942. They are both pathologists Another Dr. Wilhelm Hueper was a leading United States authority in the field of occupational cancer and first director of the environmental cancer section of the National Cancer Institute Dr. Harriet 2266 Hardy Dr. Thomas Mancuso Dr. Gerrit Schepers and others I interviewed were 27 involved in the area of asbestos and health over the past decades 28 3 Documents and Settings Documents to convert of BC Household Contact Rev.doc 8. have acted as consultant for The National Science Foundation the European 2 Commission the Environmental Defense Fund and the Natural Resources Defense 3 Council I have provided testimony to United States congressional committees 4 concerning the hazards of asbestos and other toxic substances I have also testified 5 before United States congressional committees regarding the development of asbestos 6 knowledge I have been a paid consultant to the Office of Toxic Substances of the United 7 States Environmental Protection Agency and have performed research on environmental 8 asbestos hazards I have performed consulting work for the United States Occupational 10 11 12 13 14 15 16 17 18 19 20 21 Safety and Health Administration In my research I have reviewed thousands of publications and documents pertaining to asbestos disease and have interpreted and related the contents of the same 9. have testified as an expert witness in over two hundred 200 cases throughout the nation on issues related to asbestos state and historical development of asbestos knowledge KNOWLEDGE OF THE HAZARDS OF ASBESTOS TO HOUSEHOLDS AND BYSTANDERS THORUGH HOME CONTACT 10 In 1913 in the text Safety by W.H. Tolman and L. B. Kendall emphasized the importance of having workers remove work clothes before leaving a factory where toxic materials are handled They advised that ordinary or clothes should be taken off and replaced by special suits to be worn during working and 22 that it is not sufficient to put working clothes over street clothes instead instead the working leaving work 23 clothes must be taken off before breaks or and exchanged for street clothes 24 Attached hereto as Exhibit A is a true and correct of the relevant portions of the Tolman 25 22 22 28 and Kendall text 11 In 1917 Lilian Erskine and John Roach published The Standardization of Working Essentials in which they recommended that the minimum standard where works 4 Documents and Settings Documents to convert of BC Household Contact Rev.doc were exposed to dust dirt and poisonous materials should be provided with a clean place 2 in which to change from street clothes to working clothing Attached hereto as Exhibit B 3 is a true and correct copy of the relevant portions of this article 4 12. In 1924's Industrial Health by George Kober M.D. LL.D. and Emery R. 5 Hayhurst A.M. M.D. Ph.D. separate dressing rooms lockers bath and wash rooms occupations were recommended for all dusty that the workmen should take off all their 6 occupations clothing before beginning work and this is absolutely essential where that 8 involve exposures to poisonous dust Attached hereto as Exhibit C is a true and correct 9 copy of the relevant excerpts of the Kober and Hayhurst book 10 13. In 1934's Standard Code of Industrial Hygiene published for the 11 13 International Labor Office cloakrooms accommodation and eventually double separate from the workrooms were recommended for workers Attached hereto as Exhibit D is a true and correct copy of the relevant excerpts from the book 14. In 1938's Inspection Manual published by the United States Department 14 of Labor it was explained that dressing rooms for the purpose of storing extra clothing 113 6 provide street clothing or working clothing and to a place for the changing of such clothing Attached hereto as Exhibit E is a true and correct copy of the relevant excerpts from this published report Commonwealth 15 In 1942 Safety Bulletin issued by the 20 of Pennsylvania 21 22 2523 25 26 28 in an article entitled Exhausting Asbestos Fiber and Dust in Wire Insulation Manufacture Robert L. Houts industrial chemist cautioned that if asbestos product was allowed to escape into the workroom it would float to far boundaries of the plant and would not be controllable Attached hereto as Exhibit F is a true and correct copy of the relevant excerpts from this Bulletin 16. the same 1942 Safety Bulletin as mention above another article by Fred R. Kaimer of General Electric Co. suggested a procedure for distributing and 5 Documents and Settings Documents to convert of BC Household Contact Rev.doc furnishing clothing coveralls underwear caps and gloves to its workers The article further stated separate lockers should be maintained for street clothes and work clothes so General Electric's employees can change their clothing before and after work Attached 4 as Exhibit G is a true and correct copy of the relevant excerpts from this article 5 6 7 8 9 10 11 12 13 | 14 15 16 17 18 19 20 21 22 17. the 1943 book Manual of Industrial Hygiene and Medical Servicien War Industries editebdy William M. Gafafer D.Sc. the provision of separate lockers and dressing rooms for employees whose clothes are exposed to contamination with poisonous infectious or irritating material was reiterated Attached as Exhibit H is a true and correct copy of the relevant excerpts from the book 18. the 1943 trade publication Chemical Engineering separate lockers showers and dressing rooms for employees who worked powder containments were recommended Attached hereto as Exhibit I is a true and correct copy of the relevant excerpts of the article 19 In 1948 Roy Bonsib industrial hygienist for Standard Oil recommended that Appropriate work clothes ... ... . play a prominent part in an industrial worker's health and efficiency This is especially true when persons are working with more or less toxic or carcinogenic materials . . many of the more progressive industrial organizations ... ... ... have for years supplied their employees with work clothing and have instituted a laundry service Industrial Work Clothes Their Provision and Laundering Roy S. Bosnib 1948 Attached hereto as Exhibit J is a true and correct copy of the relevant excerpts from the | 23 Bonsib report 20. Also in 1948 the Healey Act Publication entitled Safety and 24 .25 Health Standards required that workers who handle hazardous substances be provided 26 facilities to prevent contact of their contaminated clothing with others and also permit dry 27 and ventilation of the contaminated clothing Attached as Exhibit K is a true and correct 28 6 Documents and Settings Documents to convert of BC Household ; Contact Rev.doc copy of excerpts from the Healey Act 21. In 1949 the International Labor Office published Model Code of Safety Regulations for Industrial Establishments for the Guidance of Governments and Industry The ILO stated that all industrial establishments shall have suitable and sufficient installations for accommodating the workers clothes and drying them It suggests a separate dressing room shall be made available for 6 all employees whose working clothes are exposed to contamination with poisonous infectious 6 irritating or radioactive substances and shall be provided with well separated facilities for street and working clothes Attached hereto as Exhibit L is a true and correct copy of relevant excerpt of the ILO regulation 10 22. In 1951 an article by Arthur C. Stern entitled Industrial Hygiene in the Paint Factory which was published by the trade publication Paint and Varnish recommended that clean working 12 uniforms and separate lockers for changing from street clothes to work clothes and vice versa should be 13 14 provided Attached hereto as Exhibit M is a true and correct copy of the relevant excerpts of this 15 article 16 23. In 1952 the United States Department of Labor's publication Safety and Health 17 Standards for Contractors Performing Federal Supply Contracts under the Healey Public Act 18 | Contracts not only recognizes asbestos dust as a toxin but requires workers who handle or are 19 exposed to harmful material wearing their work clothes and coming into contact with people wearing that 22 their street clothes to tell the latter they are contaminated with harmful substances and that they 22 must permit separate dressing rooms to wash ventilate and dry the work clothes The Department of 22 Labor further required separate lunchrooms for workers exposed to harmful materials as well as 22 housekeeping guidelines such as wet downs and drainage of harmful substances Attached as Exhibit N 24 is a true and correct copy of excerpts from the Department of Labor's publication 25 26 .24 In 1960 again the United States Department of Labor's publication Safety and Health 27 Standards for Contractors Performing Federal Supply Contracts under the Healey Public 28 7 Documents and Settings Documents to convert of BC Household Contact Rev.doc Contracts Act required where employees work clothes are exposed to contamination by poisonous 2 infectious or irritating material facilities shall be provided in change rooms so that street and work 3 clothes will not be stored in contact with each other Emphasis added Attached hereto as Exhibit O 4 is a true and correct copy of the relevant excerpts from the publication 6 7 8 9 10 11 12 25. In 1960 J.C. Wagner C.A. Sleggs and Paul Marchand published the article Diffuse Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province in the British Journal of Industrial Medicine Among the mesothelioma victims studied by the authors were 2 cases of bystander exposure Case 15 was a white female 42 years of age born in 1916 who was a housewife who lived near a mine near Johannesburg Case 16 a white male 50 years of age born in 1906 went to a village school near an asbestos mine Attached hereto as Exhibit P is a true and correct copy of the relevant excerpts from this article 13 26. In 1964 researchers in Finland reported cases of pulmonary asbestosis in the 14 households of asbestos workers at the large conference held by the New York Academy of Sciences 15 16 17 18 19 20 21 22 23 24 25 26 commonly referred to as the Selikoff Conference held at the Waldorf Astoria The researchers and others in Germany had previously called attention to pleural changes they had observed in chest rays of populations with environmental asbestos exposure 27 In 1965 Muriel Newhousaned Hilda Thompson published the article Mesothelioma of Pleura and Peritoneum Following Exposure to Asbestos in the London Area in the British Journal of Industrial Medicine Out of a series of 83 patients from the London Hospital with a diagnosis of mesothelioma full occupational and residential histories of 76 were taken Forty or 52.6 gave a history of occupational or domestic living in the same house as an asbestos worker exposure to asbestos On the domestic exposures a group of nine seven women and two men had relatives who worked with asbestos A wife was exposed through washing her husband's work clothes where he was a docker and came home covered with asbestos dust every evening for 3 or 4 years The two men of 28 8 Documents and Settings Documents to convert of BC Household Contact Rev.doc 1 the group boys of 8 or 9 years old lived with sisters who worked at an asbestos factory Attached as 2 Exhibit Q is a true and correct copy of the Newhouse and Thompson article 3 26 From 1960 and onward CertainTeed Corporation employed a Corporate Safety Director 4 by the name of Leon Horowitz Trial Testimony of Leon Horowitz in Rhoda Evans v A.W. 5 Chesterton LASC No. BC418867 at pg 18-15 17-17 5-25 attached hereto as 6 Exhibit R. During his tenure with CertainTeed Mr. Horowitz represented and attended meetings on 7 discussed behalf of the company where the risk of cancer from exposure to asbestos was 8 on an annual Id 9 basis at 2-22 In addition to Mr. Horowitz CertainTeed hired Dr. Myril Shaw as a research asbestos consultant who joined Mr. Horowitz at a meeting at the Waldorf Astoria in New York where Dr. Selikoff's Selikof's paper on cancer and asbestos hazards were discussed Id at 24 12 24:15 19-27 In 1964 shortly after Mr. Horowitz's attendance at the Selikoff Conference at the 13 Waldorf Astoria in New York where home and neighborhood exposures to asbestos was discussed Mr. Horowitz issued a private and confidential memorandum to Clifford Sheckler at Johns- stating Manville asbestos fiber supplier You can imagine the reaction to this article at our local plant Declaration of Margaret Baumgardner and exhibits attached thereto attached hereto as 16 counsel Exhibit S. Further in 1968 CertainTeed's general Charles Delong received a letter from Herbert Ball who was Manville's general counsel attaching copy of Dr. Selikoff's letter stating the hazards associated with exposure Id Mr. Ball's letter states " repeat that as agreed at our is meeting on JanuaryJanuary 3 this information is to be kept strictly on a top executive level It 20 to be distributed to the field Id definitely not 22 22 27 It is my opinion that during the 1960s when Mr. Palomares family members worked at 24 Sequoia Laundry and from 1965 to 1966 when he also worked there the knowledge of the hazards of asbestos to workers and their households as well as bystander and the prevention of this type of exposure was known and understood The information regarding contaminated clothing as a hazard 26 was readily available to manufacturers of containing products 28 g Documents and Settings Documents to convert of BC Houschold . Contact Rev.doc 28 It is further my opinion that it was recognized during the 1960s that workers should be provided clothing showers and laundry services whenever they worked with toxic dust in order to prevent exposures to the worker's families and bystanders Asbestos is such a toxic dust and therefore it was known and knowable during the 1960s that take home exposures to asbestos dust was a hazard 5 for anyone laundering contaminated clothing and such exposures were preventable Any company that 6 owned or operated a manufacturing business involving the use of asbestos reasonably should have 7 known in the 1960's that the public including workers their families laundry workers who came in 8 contact with such clothing were in danger of developing asbestos related disease including | 9 mesothelioma | 10 11 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed this day of January 2011 in Garrett Park _ 12 Maryland 13 14 BARRY I. CASTLEMAN Sc.D 15 16 17 18 19 20 222 222 222 24 25 26 27 28 10 Documents and Settings Documents to convert of BC Household Contact Rev.doc