Document wEvKmxbB19n3dvEaRq0jReMQ

FILE NAME Household Contact HC DATE 2011 DOC HC053 DOCUMENT DESCRIPTION Legal - Declaration of Barry Castleman STEVEN M. HAROWITZ BAR NO 71117 KATHERINE Y. WANG BAR NO 215663 wang@htlawoffices.com wang@htlawoffices.com SARAH E. GILSON BAR NO 260263 gilson@htlawoffices.com 4 HAROWITZ & TIGERMAN LLP 5 450 Sansome Street 3rd Floor San Francisco California 94111 6 Telephone 415 788-1588 7 Attorneys for Plaintiffs 8 SUPERIOR COURT OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION DAVID J. PALOMARES Plaintiff VS. AC and S INC et al Defendants ) Case No CGC 10-275463 ) ) ) ) DECLARATION OF BARRY I. ) CASTLEMAN Sc.D. ) . ) ) ) ) ) ) ) ) ) ) ) ) BACKGROUND AND QUALIFICATIONS 1. My name is Barry I. Castleman I received a Bachelor's Degree in Chemical Engineering from Johns Hopkins University 1968. I have a Master's Degree in Environmental Engineering which was mainly in areas related to air pollution control 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 the recognition of risk factors and the prevention of disease from industrial activities 8 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 10 the areas of toxicology epidemiology biostatistics physiology and public health policy 11 These are the tools that are used to understand how the body works and can be damaged 12 by toxic substances how these effects can be identified by means of various studies of 13 14 people studies of animals experimentally exposed etc. 4. My Doctoral thesis was Asbestos An Historical Case Study of Corporate 16 Response to an Industrial Health Hazard and is largely identical to a book published in 17 1984 by Prentice Hall Law and Business called Asbestos Medical and Legal Aspects 18 now in its 5th Edition 2004 The doctoral thesis is an historical review of the asbestos 19 20 problem as a public health problem in society worldwide but mainly in the United States 21 It encompasses a comprehensive review of medical literature of all kinds as well as other 22 literature available in libraries and published sources such as government publications 23 safety magazines engineering journals trade magazines insurance publications 24 encyclopedias popular magazines and newspapers The doctoral thesis also involved 25 26 research based on unpublished government records The government records included 27 workers compensation claims files where claims had been made by individuals alleging 28 2 Documents and Settings Documents to convert of BC Household Contact Rev.doc that they had asbestos diseases of the lungs claims against various companies that were their employers some of which companies were also manufacturers of asbestos insulation products these individuals has used in the course of their work 4 5. In addition to published information of all kinds I examined files unpublished 5 information available from the U.S. government archives the archives of scientists and 6 the archives of institutions that had worked for and with asbestos companies 7 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 of corporate officials who were associated with asbestos hazards over the years - doctors 11 plant managers executives and other people who were aware of events that transpired 12 For example I have reviewed documents obtained from the American Petroleum Institute 14 the API and the Industrial Health Foundation formerly known as the Industrial 15 Hygiene Foundation the IHF 16 7. In addition to published information and corporate knowledge that came 17 primarily out of legal discovery I have also interviewed numerous current and former 18 leading officials in the field of industrial medicine and hygiene They included 19 20 physicians who were active in the field of occupational medicine such as Harold Stewart 222 who first published on asbestosis in 1931 and Alfred Angrist who first published on 222 222 222 25 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 26 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 Commission the Environmental Defense Fund and the Natural Resources Defense Council I have provided testimony to United States congressional committees 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 9 Safety and Health Administration In my research I have reviewed thousands of 10 publications and documents pertaining to asbestos disease and have interpreted 11 and related the contents of the same 12 9. have testified as an expert witness in over two hundred 200 cases 13 throughout the nation on issues related to asbestos state and historical 14 development of asbestos knowledge 15 KNOWLEDGE OF THE HAZARDS OF ASBESTOS TO HOUSEHOLDS AND 16 BYSTANDERS THORUGH HOME CONTACT 17 18 10. In 1913 in the text Safety by W.H. Tolman and L. B. Kendall 19 emphasized the importance of having workers remove work clothes before leaving a 20 factory where toxic materials are handled They advised that ordinary or clothes 21 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 the working 23 clothes must be taken off before breaks or leaving work and exchanged for street clothes 24 Attached hereto as Exhibit A is a true and correct of the relevant portions of the Tolman 25 and Kendall text 26 11. In 1917 Lilian Erskine and John Roach published The Standardization of 27 Working Essentials in which they recommended that the minimum standard where works 28 4 Documents and Settings Documentspdfs to convert of BC Household Contact Rev.doc were exposed to dust dirt and poisonous materials should be provided with a clean place in which to change from street clothes to working clothing Attached hereto as Exhibit B ' is a true and correct copy of the relevant portions of this article 12. In 1924's Industrial Health by George Kober M.D. LL.D. and Emery R. Hayhurst A.M. M.D. Ph.D. separate dressing rooms lockers bath and wash rooms 6 were recommended for all dusty occupations that the workmen should take off all their 7 clothing before beginning work and this is absolutely essential where occupations 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 International Labor Office cloakrooms accommodation and eventually double 12 separate from the workrooms were recommended for workers Attached hereto as 13 Exhibit D is a true and correct copy of the relevant excerpts from the book 14 14. _ I_n 1938's Inspection Manual published by the United States Department 15 of Labor it was explained that dressing rooms for the purpose of storing extra clothing 16 17 street clothing or working clothing and to provide a place for the changing of such 18 clothing Attached hereto as Exhibit E is a true and correct copy of the relevant excerpts 19 from this published report 20 15. In 1942 Safety Bulletin issued by the Commonwealth of Pennsylvania 21 in an article entitled Exhausting Asbestos Fiber and Dust in Wire Insulation Manufacture 22 Robert L. Houts industrial chemist cautioned that if asbestos product was allowed to 23 escape into the workroom it would float to far boundaries of the plant and would not be 24 controllable Attached hereto as Exhibit F is a true and correct copy of the relevant 25 excerpts from this Bulletin 26 16. the same 1942 Safety Bulletin as mention above another article by 27 Fred R. Kaimer of General Electric Co. suggested a procedure for distributing and 28 5 Documents and Settings Documents to convert of BC Houschold 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 3 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 17. In the 1943 book Manual of Industrial Hygiene and Medical Service in 6 War Industries edited by William M. Gafafer D.Sc. the provision of separate lockers 7 and dressing rooms for employees whose clothes are exposed to contamination with 8 poisonous infectious or irritating material was reiterated Attached as Exhibit H is a true 9 and correct copy of the relevant excerpts from the book 10 18. In 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. that In 1948 Roy Bonsib industrial hygienist for Standard Oil recommended 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 Bonsib report 20 Also in 1948 the Healey Act Publication entitled Safety and Health Standards required that workers who handle hazardous substances be provided facilities to prevent contact of their contaminated clothing with others and also permit dry and ventilation of the contaminated clothing Attached as Exhibit K is a true and correct 6 Documents and Settings Albert Documents to convert of BC Household Contact Rev.doc 1 copy of excerpts from the Healey Act 2 21. In 1949 the International Labor Office published Model Code of Safety Regulations for 3 Industrial Establishments for the Guidance of Governments and Industry The ILO stated that all 4 industrial establishments shall have suitable and sufficient installations for accommodating the 5 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 7 irritating or radioactive substances and shall be provided with well separated facilities for street and 8 working clothes Attached hereto as Exhibit L is a true and correct copy of relevant excerpt of the 9 ILO regulation 10 a 12 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 uniforms and separate lockers for changing from street clothes to work clothes and vice versa should be 16 17 21 22 2423 24 22 provided Attached hereto as Exhibit M is a true and correct copy of the relevant excerpts of this article 23. In 1952 the United States Department of Labor's publication Safety and Health Standards for Contractors Performing Federal Supply Contracts under the Healey Public Contracts Act not only recognizes asbestos dust as a toxin but requires workers who handle or are exposed to harmful material wearing their work clothes and coming into contact with people wearing their street clothes to tell the latter that they are contaminated with harmful substances and that they must permit separate dressing rooms to wash ventilate and dry the work clothes The Department of Labor further required separate lunchrooms for workers exposed to harmful materials as well as housekeeping guidelines such as wet downs and drainage of harmful substances Attached as Exhibit N is a true and correct copy of excerpts from the Department of Labor's publication 22 28 24. I_n 1960 again the United States Department of Labor's publication Safety and Health Standards for Contractors Performing Federal Supply Contracts under the Healey Public 7 Documents and Settings Documents to Report of BC Household Contact Rev.doc Contracts Act required where employees work clothes are exposed to contamination by poisonous infectious or irritating material facilities shall be provided in change rooms so that street and work 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 5 6 25. In 1960 J.C. Wagner C.A. Sleggs and Paul Marchand published the article Diffuse 7 Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province in the British 8 Journal of Industrial Medicine Among the mesothelioma victims studied by the authors were 2 cases 9 of bystander exposure Case 15 was a white female 42 years of age born in 1916 who was a 10 housewife who lived near a mine near Johannesburg Case 16 a white male 50 years of age born in 11 1906 went to a village school near an asbestos mine Attached hereto as Exhibit P is a true and correct 12 copy of the relevant excerpts from this article 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 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 17 of populations with environmental asbestos exposure 18 19 27 In 1965 Muriel Newhouse and Hilda Thompson published the article Mesothelioma of 20 Pleura and Peritoneum Following Exposure to Asbestos in the London Area in the British Journal of 21 Industrial Medicine Out of a series of 83 patients from the London Hospital with a diagnosis of 22 mesothelioma full occupational and residential histories of 76 were taken Forty or 52.6 gave a 23 history of occupational or domestic living in the same house as an asbestos worker exposure to 24 asbestos On the domestic exposures a group of nine seven women and two men had relatives who 25 worked with asbestos A wife was exposed through washing her husband's work clothes where he was 26 a docker and came home covered with asbestos dust every evening for 3 or 4 years The two men of 27 28 8 Documents and Settings Documents to convert of BC Household Contact Rev.doc the group boys of 8 or 9 years old lived with sisters who worked at an asbestos factory Attached as Exhibit Q is a true and correct copy of the Newhouse and Thompson article 3 4 26 From 1960 and onward CertainTeed Corporation employed a Corporate Safety Director 5 by the name of Leon Horowitz Trial Testimony of Leon Horowitz in Rhoda Evans v A.W. 6 Chesterton LASC No. BC418867 at pg 18-15 17-17 5-25 attached hereto as 7 Exhibit R. During his tenure with CertainTeed Mr. Horowitz represented and attended meetings on 8 behalf of the company where the risk of cancer from exposure to asbestos was discussed on an annual 9 basis Id at 2-22 In addition to Mr. Horowitz CertainTeed hired Dr. Myril Shaw as a 10 research asbestos consultant who joined Mr. Horowitz at a meeting at the Waldorf Astoria in 11 New York where Dr. Selikoff'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 14 discussed Mr. Horowitz issued a private and confidential memorandum to Clifford Sheckler at Johns15 Manville asbestos fiber supplier stating You can imagine the reaction to this article at our local 16 plant Declaration of Margaret Baumgardner and exhibits attached thereto attached hereto as 17 Exhibit S. Further in 1968 CertainTeed's general counsel Charles Delong received a letter from 18 Herbert Ball who was Manville's general counsel attaching a copy of Dr. Selikoff's letter 19 stating the hazards associated with exposure Id Mr. Ball's letter states repeat that as agreed at our 20 meeting on January 3 this information is to be kept strictly on a top executive level It is definitely not 21 to be distributed to the field Id 22 27 It is my opinion that during the 1960s when Mr. Palomares family members worked at Sequoia Laundry and from 1965 to 1966 when he also worked there the knowledge of the hazards of 24 25 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 27 28 9 Documents and Settings Documents to convert of BC Household Contact Rev.doc