Document rBKDvr3E7oMo6oD69QNmp81DG

FILE NAME: Welding (WELD) DATE: 1997 DOC#: WELD023 DOCUMENT DESCRIPTION: Legal - Responses to Interrogatories by Westinghouse with Cover Letter & Notes ROBERT JACOBS THOMAS C. CRUMPLAR + MARLA ROSOFF ESKIN 0 ELIZABETH BAR N E S LEWIS + <> V IN C E N T J .X . H E D R IC K , II * ALSO ADMITTED U. S. PATENT OFFICE DISTRICT OF COLUMBIA BAR + ALSO ADMITTED NEW JERSEY 0 ALSO ADMITTED PENNSYLVANIA BAR J acobs & C rumplar, R A. ATTORNEYS AT LAW 2 EAST 7 th ST R E ET P. O. BOX 1271 WILMINGTON, DELAWARE 19899 (3 0 2 ) 6 56-5-4-45 FAX (3 0 2 ) 6 5 6 -5 8 7 5 Barry Castleman, Sc.D. 2412 Pickwick Road Baltimore, MD 21207-6631 Re: Leiqhtv Trial Group Dear Dr. Castleman: Please find enclosed copies of interrogatory answers of Lincoln Electric, Airco, Hobart Brothers and Westinghouse Electric. If you have any questions, please contact me. Very truly yours, :2 uM Vincent J. X. Hedrick, II /S VJH\pra 7 %)- Enclosures u--s x ^ uY :>\s" I, /!/..y U i! - : I f IJ S . , j y ) , i - a - Ai i v /U .0 > , |J** ,,^1 ATTACHMENT # 1 WELDING PRODUCTS Westinghouse has manufactured and distributed welding electrodes (sometimes called "welding rods") from plants located at East Pittsburgh, Pennsylvania, Trafford, Pennsylvania and Montevallo, Alabama. Electrode is a general term used for a conductor used to establish electrical contact as part of a circuit. Arc welders used a covered metal electrode, sometimes called a welding rod, to carry an electrical current from the power source to the metal being welded. Consumable electrodes have a coating called "flux" which surrounds the core wire of the electrode. Westinghouse manufactured welding rods from the mid 1930's to 1983. Westinghouse first manufactured welding rods at its plant in East Pittsburgh, Pennsylvania in the mid 1930's. From the early 1940's to approximately 1953, Westinghouse's Trafford, Pennsylvania plant was the primary manufacturing location for welding electrodes. From approximately 1953 to 1983, Westinghouse electrodes were manufactured at a plant in Montevallo, Alabama. Westinghouse ceased the manufacture of welding electrodes in September, 1983, when it permanently closed and sold its manufacturing facility because of economic conditions. Westinghouse did not manufacture or sell welding rods after 1983. There were no geographic limitations on sales of Westinghouse welding rods. Westinghouse also sold welding rods manufactured by other entities. The following companies manufactured certain types of welding electrodes which Westinghouse sold or distributed, after affixing a Westinghouse label, at some time during the period in question: 1. International Nickel - nickel alloy electrodes 2. Amaco, Chicago, Illinois - special purpose hard surfacing electrodes 3. Teledyne McKay, York, Pennsylvania - stainless steel electrodes and special purpose hard surfacing electrodes 4. Airco, Sparrows Point, New Jersey - mild steel electrodes 5. Alloy Rods (formerly known as Chemetron), York, Pennsylvania - stainless steel electrodes Any other technical or specific information as to each welding rod manufactured by these business entities and sold, distributed or placed in the stream of commerce by Westinghouse is unknown at this time. Westinghouse is presently unaware of the specific years that it manufactured and/or sold individual types of welding electrodes. Westinghouse believes, however, that it manufactured and/or sold each of the types of welding rods listed below at some time between the mid 1930's and September 1983. The technical classification of each electrode is listed first, with a brand name, if any, listed in parenthesis. Stainless Steel - E308-15: E308L-15; E308L-16, E308-16; E309-15; E309-16; E309L-16; E31015; E310-16; E312-15; E312-16; E316-15; E316-16; E316L-16; E330-16; E347-15; E347-16; E349-16; E410-15- E410-16; E502-15. E309Cb; E310Cb; E310Mo; E316L; E317; E317L; E320; E330; E430; E502; E505. Low Hydrogen Low Alloy - E6016 (LOH-2); 7010 (XL 710); 7010-A1; 7016 (LOH-2); 7018 (WIZ-18); 7018-A1; 7020 (DH 720); 720-A1; 8016C-3 (WIZ 816C-3); 8018-B2; 8018-B3; 8018-B2L; 8018-C1;8018-C2 (WIZ 818 C2); 8018-C3 (WIZ 818 C3); 9018-B3; 9018-B3L; 2 E312, and E316. Westinghouse manufactured the following welding rods during 1953 until 1983 at the Montevallo facility: mild steel electrodes E6010, E6011, E6012, E6013, and E6021; low hydrogen electrodes E6016, E6018, E6024, E6027, and E6028; low hydrogen iron powder electrodes E6014, E6018, E7014, and E7018. Westinghouse is unable to state the exact date when it first began manufacturing and selling E6010 and E6011 electrodes, however, it is believed to have been between the mid-1930's and the early 1940's. Welding electrodes were packaged in various sized tubes, boxes, cans and cartons; dimensions varied depending upon the type of rod involved from l/16th inch to 5/16th inch in diameter to 9 inches to 18 inches in length. Westinghouse believes the colors white, brown, gray, black, green, reddish-brown and possibly others were on various types of packaging for its welding electrodes. Westinghouse sold its welding electrodes through its own sales force as well as through distributors. Some welding electrodes manufactured with the American Welding Society (AWS) Technical Classifications E6010 and E6011, (tradenames: Flexarc AP, XL610, XL610A, ZIP10, Flexarc ACP, ZIP11 and ZIP11R), contained, upon information and belief, between 5-11% asbestos in the flux by weight; the asbestos content of the finished electrode was considerably less. Westinghouse, however, has been unable to locate records from which it could determine the exact percentage of asbestos in the flux on each type of E6010 or E6011 electrode which it manufactured. Upon information and belief, the type of asbestos used in E6010 and E6011 fluxes was chrysotile. To the best of Westinghouse's knowledge, information and belief, the primary supplier of asbestos used in E6010 and E6011 fluxes was Johns-Manville. There may have been other suppliers as well over the years; however, Westinghouse has not located any 4 records which would permit it to state definitively who those other suppliers may have been. Prior to use, the asbestos was encapsulated in the flux material. Westinghouse is informed that asbestos fibers used in welding electrodes were converted to a non-fibrous material, called Forsterite, in the heat created 'by the welding process. Other types of welding electrodes contained no asbestos. The formulations of the welding electrodes and fluxes which Westinghouse manufactured changed over the years for a number of reasons including customer requirements, changes in welding processes, changes in technology and changes in industry demands. Westinghouse is unable at this time to identify the time of each change in its welding electrode formulations, the persons responsible for recommending each such change or the specific reasons for each such change. Westinghouse, to the best of its knowledge, used varying amounts of the following compounds or elements in its electrodes: carbon, tin, iron, aluminum, cadmium, chromium, fluoride, lead, manganese, magnesium, mercury, molybdenum, nickel, titanium, bandium, zinc, cobalt, copper, sulphur, phosphorous compounds, silicates or organic binders. The supply sources of components contained in Westinghouse welding electrodes changed from time-to-time during January 1, 1946 to 1983. Westinghouse, to the best of its knowledge, purchased components for Westinghouse welding electrodes from the following suppliers (the list of suppliers may not be the complete list of sources of the components): Chemalloy Co. Inc. Phillipp Brothers National Lead Industries Westinghouse Trading Company 5 Georgia Marble CO. Sylacuaga Calcium Products Co. Georgia Kaolin co. The Feldspar Corporation International Filler Corp. E.I. Dupont De Nemurs & Co. Ine. National Starch & Chemical Co. Hill & Griffith Co. Thompson Hayward Chemical Co. Titanium Pigment Division Cities Service Co. - Columbium Division Harris Mining Co. Pennsylvania Glass Sand Corp. Hercules, Inc. Foote Mineral Co. NL Industries, Inc. Shield Alloy Coip. Union Carbide Corp. Moly Corp. of America Joseph Dixon Crucible Co. Hickman Williams Co. Allied Chemical CO. oxide, and zinc oxide may be given off from time to time during the normal course of welding, however, none of the gases are generated solely from a particular ingredient of a welding electrode. Westinghouse believes that it ceased the manufacture and sale of asbestos-containing ______________ ________ --J ------------ --------------------- ------------------- -- ---------------- -- .___________ _ welding electrodes by 1971, at the latest. Westinghouse welding electrode sales records prior to 1971 no longer exist. Any sales records that may still be available from the Montevallo plant would be dated between the mid-to-late 1970's and 1983 when the plant was closed. Westinghouse does not have sales records of distributors in Delaware pertaining to welding electrodes. Westinghouse has determined that welding machines which it sold contained encapsulated asbestos material in the transformer, a component which is part of the internal workings of the welding machine. Westinghouse discontinued the manufacture of welding machines in 1984. The Westinghouse welding machines contained various components which were assembled and located in a metal cabinet. During the relevant periods, materials containing asbestos were used in the transformers of welding machines. The transformer is an electrical device which was coated with a varnish sealant to prevent exposure to moisture. Its parts are non-moving and completely encapsulated. In the early 1950's, a thin varnish-treated asbestos paper was used between the electrical coils within the varnished transformer. From approximately 1957 to 1964, the coil insulation was a non-asbestos material. In the period from 1964 to 1965, Westinghouse used for the same purpose laminated material consisting of Mylar and asbestos. From the early 1970's to the discontinuation of manufacture, a bonded asbestos 8 composite was used between layers of high-voltage windings in the transformer. Westinghouse discontinued the manufacture of welding machines in 1984. Based on current information and to the best of Westinghouse's knowledge and belief, the following warnings and instructions relating to the use of welding rods appeared on the containers. On the packages of low hydrogen electrodes, the following language was used as of the later 1950's or early 1960's: FLUX COATING CONTAINS A FLUORIDE. USE UNDER PROPER VENTILATION CONDITIONSASA STANDARD Z49.1-58. The following language was placed on electrode containers in 1967: CAUTION WELDING MAY PRODUCE FUMES AND GASES HAZARDOUS TO HEALTH. AVOID BREATHING THESE FUMES AND GASES. USE ADEQUATE VENTILATION. SEE USAS Z49.1, "Safety in Welding and Cutting," published by the American Welding Society. In 1970, the following language was used on electrode containers: CAUTION WELDING INCLUDING BRAZING MAY PRODUCE FUMES AND GASES HAZARDOUS TO HEALTH. USE ADEQUATE VENTILATION. SEE ANSI Z49-1967 "Safety in Welding and Cutting," published by the American Welding Society. The language employed as of 1979 read as follows: 9 WARNING PROTECT YOURSELF AND OTHERS. READ AND UNDERSTAND THIS LABEL. DO NOT REMOVE THIS LABEL. FUMES AND GASES CAN BE DANGEROUS TO YOUR HEALTH. ARC RAYS CAN INJURE EYES AND BURN SKIN. ELECTRIC SHOCK CAN KILL. Read and understand the manufacturer's instructions and your employer's safety practices. Keep your head out of fumes. Use enough ventilation, exhaust at the arc, or both, to keep fumes and gases from your breathing zone, and general area. Wear correct eye, ear and body protection. Do not touch live electrical parts. See American National Standard Z49.1, "Safety in Welding and Cutting," published by the American Welding Society, 2501 N.W. 7th St., Miami, Florida 33125; OSHA Safety and Health Standards, 29 C.F.R. 1910, available from U.S. Dept, of Labor, Washington, D.C. 20210. By 1944, the American Standards Association ("ASA"), now the American National Standard Institute ("ANSI"), had published the first advisory industry standard dealing with welding safety practices. This standard, commonly known as American War Standard Z49.1, discussed safety precautions to prevent injury to welders from electric shock, radiation damage to the eyes, bums and fumes. It did not mention asbestos. In 1950, the American Welding Society (AWS) adopted a similar welding safety standard based on the 1944 ASA standard. AWS Z49.1 was revised in 1958, 1967 and again in 1970. In 1971, the Occupational Safety and Health Act adopted AWS A49.1 as mandatory. Westinghouse believes that it was one of the first, if not the first, companies to include a warning on packages of its electrodes, based upon AWS Z49.1. Westinghouse also made available different types of instruction manuals and literature 10 related to welding rods sold by Westinghouse. The instruction manuals and literature were contained in instruction leaflets, training programs available upon request of the customer or distributor, sales and product brochure and/or engineering and technical reports and manuals. In addition, Westinghouse provided distributors of its welding rods with information related to product safety and warnings. The instruction manuals and literature also contained warnings and information regarding the safe use of welding electrodes. Warnings were placed on packages of welding electrodes by the late 1950's or I960. The exact date is not known. Westinghouse provided and used the warnings described above until the time it ceased the manufacture of welding electrodes in September 1983. 11