Document wrZRM1dJ884abN19nJrxzxa4B

FILE NAME: BF Goodrich (BFG) DATE: 1989 DOC#: BFG044 DOCUMENT DESCRIPTION: Legal - Answers, Responses & Objections of Defendant, BF Goodrich to Plaintiff's Interrogatories IN THE COURT OF COMMON PLEAS SUMMIT COUNTY, OHIO C. P.JACKSON, et al., : Plaintiff, : vs. : THE B. F. GOODRICH COMPANY, : et a l ., Defendants. ::: Case No. CV 88-103483 JudgeJames Williams ANSWERS. RESPONSES AND OBJECTIONS OF DEFENDANT. THE B. F. GOODRICH COMPANY. TO PLAINTIFF'S INTERROGATORIES Defendant, The B. F. Goodrich Company (hereinafter, sometimes referred to as the "Company" or as the "Defendant") , reserves all of its rights to object and/or otherwise litigate all issues of competency, relevance, materiality, privilege and admissibility as evidence for any purpose relative to all information herein either in the trial of this matter or otherwise. The Company's following responses are not intended to waive any general objection raised herein. Further, without limiting the foregoing, the Company, by counsel, generally objects to the Instructions and Definitions and the Interrogatories on the grounds that; 1) said instructions and definitions render the interrogatories unduly over broad and overly burdensome, cause them not to be calculated to lead to the 'r ; _ discovery of admissible evidence and render- them improper under the Ohio Rules of Civil Procedure; 2) said instructions and definitions result in requests for information protected by the attorney client privilege and the work product doctrine; and 3) said instructions and definitions represent an improper attempt to expand the requirements of Rule 33 of the Ohio Rules of Civil Procedure with respect to answering interrogatories and supplementing same. Responses to inquiries concerning asbestos or asbestos- containing materials at the Company's facility where Plaintiff worked should not be construed as an express or implied admission that any asbestos fibers were airborne, or, if they were, that any human exposure resulted. The Company, by counsel, objects to the interrogatories to the extent they call for information which relates to persons other than the Plaintiff. The Company, by counsel, further objects to these interrogatories to the extent they call for information that is not available or accessible from its present employees or from records kept or compiled by persons employed by it. Various products and processes of the Company are confidential and trade secrets. The Company objects to the discovery to the extent that it seeks disclosure of detailed operating practices, process information and/or other information that is protected from disclosure. Without waiving the foregoing objections and defenses the Company provides the following responses and will make available to the plaintiff's counsel for inspection copies of the non privileged documents indicated in the interrogatory-answers. Each and all of the foregoing objections and defenses are hereby incorporated by reference in each and all of the following answers and responses. Respectfully submitted, VORYS, SATER, SEYMOUR AND PEASE By: F . Daniel Balmert 1375 East Ninth Street 2100 One Cleveland Center Cleveland, Ohio 44114 (216) 621-7091 Attorneys for Defendant, The B. F. Goodrich Company CERTIFICATE OF SERVICE The undersigned, being one of the attorneys for the Defen dant, The B. F. Goodrich Company, hereby certifies that a copy of the foregoing has been served upon counsel for the Plaintiffs, Dale S. Economus, Esquire, Bevan & Economus, 9821 Olde Eight Road, Northfield, Ohio, 44067, by placing same in the regular U.S. mail, postage prepaid, this Z*7 day of , 1989. F. Daniel Balmert 111789/08023090.vp5/ldm ZN THE COURT Of COMMON PLEAS SUMMIT COUNTY , OHIO C.P. JACKSON, St <1. Plaintiff vs. THE a.f. GOODRICH COR?., et DsftAdsnt Now const Plaintiff, ) ) ) ) ) ) Si.) ) ) ) ) ) by and CSSS No. CV 88-103483 JUDGE JAMES WILLIAMS PLAINTIFF *S fIRST SET O F INTERROGATORIES TO DEFENDANT. B.F. GOODRICH _C__O__R_P__O__R__A__T_I__O__N_ through his counssl, and request* that Defendant answer separately and in full in writing and undtr oath within 28 days of tarvict hereof, the following Interrogatories pursuant to Ohio Rules of civil Procedure. These interrogatories shall be deemed continuing so as to require supplementory answers between the time answers are served and the time of trial in accordance with Ohio Rules. If you will do so without a formal motion to produce, please attach copies of supporting documentation to your answers. in answering the interrogatories, furnish such information as is available to Defendant, and in the possession or control of its attorneys, investigators, . agents, employees and/or other representatives of. the company or its attorney. More particularly, the following definitions apply: 1. Document(s) or *writing(s)a shall include all writings, drawings, graphs, charts, floor plans, blue prints, photographs, phonorecords, and all other data compilations and/or communications. Page 1 2. A request to Identify* a writing or document mna a request to either attach aueh an exhibit to your answers to tha inttrrogatories, or to describe such with sufficient specificity that it may be made the subject of a request for Production of Documents* Your description should include without limitations, an 'indication' oft (a) the author; (b) addresses; (c) .it's date; (d) the nature of the writing or document, (i*g. letter; telephone memorandum; audio tape recording; photograph; etc*); (e) a summary of the contents: (f) the present location and cuatodian thereof. 2, A request* to 'identify* a person or individual shall includa any corporation, partnership or any recognisable entity* Your reaponae to such a request shall Include the individual's name, piece of employment, joo title, present business or home address and presant business or home telephone number. 4. A requeet to 'identify* a product, material or substance means a request to describe the product, material or substance by the following mesne: (1) by nickname or slang name used in your corporation; ' (2) by the name under which it was sold in tire market plica (l.e. trade name); and (3) by its generic name. You aru reminded that all answers must be made separately and tully, ana that Incomplete or evasive answers will constitute a failura to answer. Further, you are requested to tuwiitit/ document*, teievant and referable co t:<* spttcitic categories situ areas ot Inquiry set lorth nwcein. INTERROGATORttS 1. Xdantify tha i n d i v i d u a l s)~ answarlng theae interrogatories on behalf of Defendant: State name(s), a d d ress(es), employec(s), of anyone who la answering, and/or supplied any information with respect to such answers on ooKaif of Defendant. ANSWER: Set Attachment #1 2. State by indicating Plant location (description) and department and the year worked, each location worked by Plaintiff. ANSWER: See Attachment #2 ' 3. Identify whether Defendant (Including its agents, representatives, and employees) has at any time purchased, stored, used, handled, or disposed of any produets, materials, or substances, containing any amount of ashest*:or asbecti-form minerals, at any of its facilities in Summit county, Ohio. Vage 3 ATTACHMENT #1 Rickard Jacobson, Tbs B.F.Goodrich Company, 3925 Embassy Parkway, Akron, Ohio 44313 Richard Roten, Covington Capital Corp., 500 South Main Straat, Akron, Ohio 44308 Larry Brinkley, 142 Hollywood Avenue, Cuyahoga rails, Ohio 44221 Harold W. Dietz, M.D., The B.f.Goodrich Company, 3925 Embassy Parkway, Akron, Ohio 44313 Robert W. Modrell, The B.T.Goodrich Company, 3925 Embassy Parkway, Akron, Ohio 44313 Charles Platt, 338 W. Howe Rd., Cuyahoga Falls, Ohio 44221 John Dick, Uniroyal-Goodrich Tire Company, 500 South Main Street, Akron, Ohio 44319 F. Daniel Balmert, Esq., Vorys, Sater, Seymour & Pease, 2100 Cleveland Centre, 1375 East 9th 8t., Cleveland, Ohio 44114-1724 Villiam E. McCormick, 419 Dorchester Road, Akron, Ohio 44313 Jerry A, Smith, The B.F.Goodrich Company, 500 S. Main St., Akron, Ohio 44318 Marilyn Petroski, The B.F.Goodrich Company, 3925 Embassy Parkway, Akron, Ohio 44313 ATTACHMENT #2 Proa To Bldg. Deot. Job 6/22/42 - 8/16/42 D/6565 Servicing tire machines Served in Armed Forces 1/3/46 - 4/21/47 D/6565 ft 4/21/47 - 2-21-31 D/6580 Lov crown end passenger tires 2/22/51 - 1/1/52 D/6580 Lov crown end passenger tires, aervicing tire machine 1/2/52 - 12/9/63 D/6565 Servicing tire machines 12/10/63 - 1/17/64 D/6580 Ply boy, Croup 1 Mill Man 1/18/64 - 3/5/68 3/6/68 - 6/17/68 D/6580 D/6580 Croup #8 cure H.S. Butt Splice Heavy Purpose 6/18/68 - 1/12/69 D/6580 Cure H.P. 1/13/69 - 3/29/71 D/6565 Cure 45M Presses Heavy Purpose. 3/30/71 - 10/5/76 4-A D/6565 Croup #25 Heavy Purpose 10/6/76 - 9/30/82 3-A D/6565 Cure Bladder Type Presses K.P. 1954, 1955, 1957, 1958, 1959 , 1960, 1961, 1963 excused union business. 11/1974 - 4/1979 Union Official. The Company does not have records which indicate the specific buildings in which Mr. Jackson worked prior to 1971. However, the jobs that he held were all related to the tire-making process, and his jobs would have been in those areas of the complex where tiremaking took place. (Plaintiff's original personnel file is available for inspection and copying.) ANSWER: ye* 4 If the answer to the preceding Interrogatory is affirmative, seat# for each such produet, material, or substance 'identify": . a. Its name, and general description, quantity purchased or obtained by Defendant on each date obtained; the name and address of the person or business from whom it was purchased or obtained b j Defendant e; a n s w e r ' 1118 &* purchased raw asbestos and certain products * containing asbestos oysr the years. The Company believes chat some pipe insulation used prior to about 1970 may have contained asbestos, and that csrtain machinery may have used asbestos as an insulating matsrial. Any asbsstos and products containing asbeatoa that were purchased over the yeart vere purchased from a vide range of suppliers, and the precise quantities purchased, the dates on . which such purchases were made, and the specific name and addresses of the vendor* supplying particular products are not presently toovn. Investigation into the existence of quality control records which may provide information sought by this .interrogatory la continuing. The heme end addre 88 of each build ing or other str ucture, ana the lo cation wicnin that building oc structure; (1) In which it was stored, warehoused, or installed by Def endant prior to u s e , end the dates of each St orage at each 1oc atLon ; (2) In which it w as used, placed in different container e, o r made available to any workers. and the d ate s of each use, re -packaging. or av ii1n b i1*/ to wurkeru at each location; P 4 (3) in which it was discarded, disposed or , or * seorad after use, and the inclusive dates of each such d i s c a r d i n g r d i s p o s a l , or storage after jse at eaeh location. ANSWER: b) There was some storage of asbestos prior to its use on the first floor of Building 502 and in Building 513. These are located in the section of the Akron cooplex in which adhesive products were manufactured. Asbestos vas also used for a period of time in the areas of Bldg. 5 where compounding of bovdome ingredients occurred. Some asbestos storage occurred in Bldg, 23, where the compounding of ingredients used in the manufacture of bowdome stock took place. The specific dates on which such storage, usage, and disposal took place are not known. Prior to about I960, asbestos also vas used In the manufacturing process in Building 30, c. Whether any such product(s) existed st or in any wor* location, department or building at which Plaintiff worked, and if so, identify each location and each product at that location. AHSWBft: ' c) To the best of the Company's knowledge the only asbestos that existed in any of the locations, departments, or buildings in which the plaintiff worked was contained in any pipe Insulation at any such location, or in cartain pieces of machinery placed in such location, and the Company la not certain that either the pipe insulation or the machinery usad in the locations where the plaintiff worked contained asbestos. d. Identify whether Defendant currently possesses any samples of each such product, material, or substance; and the name(s) and address(ea) of . . those persons responsible or purchasing such materials or products previously discarded between the years 1939 end present. ANSWER: ~ d) No such samples of materials to which the plaintiff may have been exposed have been located in the possession of this Defendant. The persons responsible for the Company's purchasing from 1939 to the present are listed, to the extent known, as an answer to Question 16. page b 5. For each such product, material or substance c o n t a i n i n g aabtatoaia or aabaati-form minerals which vaa i dentified in Interrogatory n o i t describe: . a. The function(a) or purpoae(a) for which it was or la used in Defendant's business operations; ANSWER a) To the best of our present knowledge, asbeeeos was not need in any aspect of the tire-making process. Asbestos, when used in the facility or manufacturing process, is generally used for its thermal ' characteristics, such as insulation, heat retardation, etc. b. The substantive content, form, source, and location of any information relating to its exact mineraloglcal components, and the proportions of these components, of which Defendant has any knowledge: ANSWER: b) The Company does not maintain this information except as may he contained in Material Safety Data Sheets that it ha retained. See alao the answer to Interrogatory 4(a). The Company doee have MSDS sheets which describe the properties of asbestos. Those MSDS sheets are attached as Exhibit 3-B. c. ANSWER: The substantive content, form, source, and location of any information relating either to instructions for its use, or to any dangers to health associated with auch use, which was provided to Defendant when it was purchased or obtained by Defendant; - ~ c) Such information received from a provider of asbestoa ia available only for the most recent purchases from that provider. It is contained on Materiel Safety Data Shasta ("MSDS") received from such providers. MSDS information that is superseded by more recent Information is discerdsd. page b d. Th* substantive content, foc, coure, nd location o any interaction relating either to instructions for ita use, or to any danger* to health aaaoeiated with aueh u i f which became known to Defendant at any time after it waa purchaaed or obtained by Defendant; < ANSWER: d. Attached ae Exhibit 5-D ia a current compilation of publications presently available to the Company's Environmental Health Department. Additional general reference or. library-type materials are also presently available to said department. a. ANSWER: The substantive content, form, source, and location of any Information relating either to instructions Cor its use, or to any dangers to health associated with such use, which wus provided by Defendant to employees in any fashion, and the inclusive dates that such information waa provided to employees; and See Attachment #3 f. Any and all safety equipment or devices provided by Defendant to any employees in connection with its storage, use, handling, or disposal, and the , inclusive dates that such equipment or `vices were provided oc made available to employees. ANSWER: f. The Company has provided reapiratora to those of ita . employe#* who worked directly with asbestos or products containing asbestos tinea around 1970. The most recent respirators vers called Comfo-ZI's, manufactured by MSA, Prior to that, respirators were purchased from Willson. At a later date (sometime in the 1970a), the Company aleo provided protective clothing to employees working directly with aabeatoa. t>agw 7 jancassax #3 It vtt the general policy in the Akron complex to hold employee meeting regularly to diaeusa health and aafety iaauee vith employee* Further it ia understood that pursuant to the labor contract between the Company and the UBW, Joint meetings were held between appropriate Company and union officials to diaeusa health and safety issues. It is the recollection of former Company employees that the dangers associated with asbestos and instructions as to its use were, discussed at these meetings. In addition* the Company conducted detailed training sessions for its employees which included training in the use of subatanees that were deemed hazardous* Both the Industrial Hygiene and Safety Departments of the Company were very active in communicating to employees who worked with hazardous substances the dangers associated with the use of those substances* 6. Plea tat* the method* and procedure* implemented to install, u*e *nd/or repair the aabestos and/ur asbestos product*, the individual who is mot Knowledgeable regarding the i n s t a l l a t i o n , use and/or repair of the asbestos and/or asbestos products, and the raanufaeturer and/or seller of any of the asbostos products used at tne s,F, Coocrlcn 5uu South Main Street AKron, Ohio Plant. ANSWtR: Attached as Exhibit 20 to these interrogatories are three pages iron a safety manual developed by the Company In 1979 Shis manual provides guidance es to how asbestos was to bs handled by employees working with it at the Company's Akron complex. Mr. Larry Brinkley, who was the Director of Safety at the Akron complex at that time, is knowledgeable about such methods, as vers others employed at the complex. In determining how to handle asbestos end products containing asbestos, the Company also took account of Information provided by asbestos manufacturers Material Safety Data Shafts (MSDS) or other similar information. Page 6 7. Did you perform, direct to be performed, finance, . sponsor or receive ths results of any studies or tests concerning the relationship between the exposure to asuestos silica and/or talc at your summit county, Ohio plant or facility, and asbestosis, silicosis, talcosis and/or any other related uisaaoe or condition. ANSWERS No 8, If the answer to the preceding interrogatory is affirmative, describe: when, where, and at what intervals such studies were performed, were such studies in writing, when and to whom the results of such studies were publisned or distributed, who performed such studies, and where the results of such studies are located. ANSWER: Jf/A Page 5 . . Did you p e r f o r m , dire c t to be p e rf o r m e d , f i n a n c e , sponsor, or receive the resulta of any dust monitoring tests of job sites where asbestos, talc, and/or related products being purchased, stored, used, handled, manufactured, disposed of, or sold,.at your Summit County, Ohio plant or facility. Include date's), iocatlonta) of the first tent, when, where, and at what intervals tests were performed, whether such studies were in writing, when and to whom the reaulta were publiahed or distributed, who performed such studies, ana where are the results of such testa maintained. ANSWER : The Company has performed dust monitoring tests in the Akron complex since at least the mid-1940's. These tests vere not performed et specific intervals, but were performed on an ongoing basis to determine whether dust levels at the facility exceeded the levels set out in standards prepared first by en Industry organisation known as ACGIH, and later, OSHA. The test results were generally taken by the Industrial Hygiene Department of the Company, which did write up the results of such tests. The tests were generally conducted in response to specific conditions in which it was believed that such testing via appropriate. The results wars distributed to various individuals for the purpose of determining whether engineering changes needed to be made to the complex to reduce the levels of dust in particular areas of the plants, and also to individuals who could determine what, if any, protective equipment was appropriate for employees working in the areas in which dust was found. Many test results continue to be stored at the Company's headquarters in Bath, Ohio (said test results which relate to the departments where the plaintiff regularly worked are available to the extent that they exist). ' Wag* lu X. DOCUMENTATION AND RECORDS 10. Xdentify ths namss of present Company sgtnts or mployes who have knowisdgs of 6h purchase, stocing, use, Handling, aanufa c t u r I n g , disposal o f , er sale of asbestos, talc# and/or rlaed producta ab any ano all of your plant oc -facilitiea in Summit County, Ohio. ANSWER 1 Harold W. Dietz, M.D. ' . Robert W. Modrell Certain employe of the Company* Adhesive .Syateme business unit are believed to peeeeee knowledge regarding the proper usage of asbestos. 11. Identify the names of present company agents or employees with knowledge of the written records and documents in possession or control of Defendant (including its agents, representatives, and employees) which refer to the purchase, storing, use, handling, manufacturing, disposal of or sale of asbestos, talc, and/or related products at any and ill of your.plants oc facilities in Summit county, Ohio. ANSWER: Marilyn Petroski Harold V. Dietz, M.D. Certain employees of the Company's Adhesive System business unit are believed <o poaacss records concerning the purchase or asbestos for uss in the adhesive manufacturing process. Page II 12. Identify the title and location of all written racorda or document* in the possession or control of the Defendant (ineluding it agents, representatives, or employees) which refer to the purchase, storing, use, handling, manufacturing, disposal of or sale of asbestos, tale, and/or related products at any and all cf your plants or f acilities in summit county, Ohio. ANSWEAi See answers to prior interrogatories. Further, such documents, to the extent they may exist, are not readily located at any one eite. Because the Akron complex has bean closed for over two years, beceuee most of the buainesaea loeated at the complex have been divested, very few records remain in tha possession of the Company. The Company doaa continue to maintain updated USDS sheets concsmlng asbestos uaa, tha 1979 aafaty manual and tha results of certain monitoring tssta taken in the complex. 13. for all suppliers of asbestos products and/or installers of asbestos containing products at B.F. Goodrich, summit county Ohio plant* state: . . a. Name(s), acdresa(ea) and year(a) of supply or . installation, type of asbestos product supplied, such as but not limited to asbestos pipe covering, installation (include e description of such products). ' ANSWER: e. See answer to interrogatory 4(a). Tha Company no longer maintains record# which indicate specifically what typet of asbeatoa products were supplied or when euch products were supplied. Page 12 bl' The~'Ccapany baa"no* present specific knowledge that aebaetoe-eontaining products were in*tilled, repaired and/or replaced around the plaintiff. b. Wees any of each eebeate* product installed, repaired, and/or replaced, o_r uaed around plaintiff and/or any other of defendant's employees (including but not limited to Pipe covecers, Tire Builders, Hose Room workers, Tuoe Room workers, Boiler Room workers, calender Room workers, and Tire Curing areas); To the extent that pipe insulation or certain parts of the machinery (e.g., brakes and gaskets) in the plent contained sebeetos, then the repair end replacement would have taken piece in the areas described in the question. However, if such repair and replacement involved the possibility that impermissible levels of aebeatoa could be released into the sir, precautions were taken with respect to employees working in those erase, either by providing thorn respirators, removing them from the effected areas, or \C0 performing maintenance work when no workers were present in those areas. 8ince 1970, asbestos has not been used for V- this purpose by the Company. e. State whether any of such asbestos product fray, flake, dry out, crack, peel, become damaged and call to the floor of D e fendant's Summit County complex, or become airborn , and/or fall on or around Plaintiff and/or other employees of Defendant while they were employed at such summit County complex; (included but not limited to those areas listed in (b), and the areas in which such employee job classifications listed in (b) worked); and state whether any dust was creates oy using, Installing, or supplying auch asbestos products and/or while such asbestos products were in uae anc/or being used by Defendant ana describe any precautions and/or programs and/or actions Defendant undertook to control such asbestos dust. ttteuvBt . c. This question is confusing end not understood fully. The repair and replacement of asbestos-related items has been effected for at least twenty yeere in accordance with specific procedures designed to limit any exposure to asbestos on the part of employees, and the creation of duet. Employees who worked in the complex recell that the pipe insulation was in generally good condition. With raepect to the use of asbestos in certain mixing procassee (l.a., the manufacture of bowdomcs and adheelvas), some sebeetos may have become airborne. , However, j^xe .Company teeted for the level of airborne iaebeitos, ,Jand did take precautions to control seme. Asbestos wee not used in the manufacturing processes which took place in the rooms cited in the question. Pige li J.5- department of Labor cc u p e lo n a i *iecy and Haattti Adm inistration C .A 1J . B J . 1' J - A station and Notification of Penalty U.S. Department of Labor - OSHA Federal Office Building - Room 899 1240 East 9th Street leveland , OH 44199 1. T ype of Violaiion(s) Other 2. Citation N um ber --------- Si Th e violation^) described in this Citation are alleged to have oc curred on or about the day the in sp e ctio n w as m ade u n le ss o th e rw ise in d icate d w ithin the descnption given below. 3.Issuaflc5/8t486 4.lnspfet56rt>69W 5.Reportiip(B230Q 6.CSR32D5 7. Optional Report No. 10. Inspection Dat< 3/1m" 8.PagaiNo. 1 of 3/27/86 H. Insp^Sge: ^ street 9.T I '. F. Goodrich and its successors 500 S. Main Street Akron, OH 44318 Akron, OH 44318 <E LAW R E Q U IR ES that a copy at this Citation be posted immediately in a prominent place at or near the location of vioiation(s) cited below. The tation must remain posted until the violations cited below have been abated, or tor 3 working days (excluding weekends and Federal holidays), whichever lo n g*. s Citation describes violations of the Occupational Safety and Health Act of 1970. The penaity(ies) listed below are based on these violations. You must ate the violations referred to in this Citation by the dates listed below and pay the penalties proposed, unless within 15 working days (excluding weekends d Federal holidays) from your receipt of this Citation and penalty you mail a notice of contest to the U .S. Department of Labor Area Office at the address own above. (See the enclosed booklet which outlines your rights and responsibilities and should be read in conjunction with this form.) You are further ufied that unless you inform the Area Director in writing that you intend to contest the Citation or proposed penalties within 15 working days after receipt, s Citation and the proposed penalties will become a final order of the Occupational Safety and Health Review Com m ission and may not be reviewed by any urt or agency. Issuance of this Citation does not constitute a finding that a violation of the Act has occurred unless there is a failure to contest as provided in the Act or. if contested, unless the Citation is affirmed by the Review Comm ission. . Item Number .. Standard, Regulation or 14. Descnption Section of the Act Violated_______________________________________________________________________________________ 1 29 CFR 1910.1001(f)(2)(i): Proper samples were not collected from IS . Date by W hich Violation Must Be Abated | -- itaMdiateiy" Upon Receipt th breathing zones of employees when determining exposure to airborne ai. jtos fibers: PtftlttCt Art Due Within 15 Days of Receipt of This Notfflcatiofl Unless i iyitMhMt (See enclosed Booklet) This Secflon May Be Detached Before Posting 16. Penalty TTt OC Veiling concentrations of asbestos fibers were not collected in dept. 7821. . v 1 William A. Thornes- /L Area Director -MQ 16. )TICH TO E M P LO Y E E S -- The law gives an employee or representative the opportunity to object to any abate- >nt date set for a violation if he believes the date to be reasnnable. The contest must be mailed to the U .S. p; nt of Labor Area Office at the address shown sve within 15 working days (excluding weekends and deral holidays) of the receipt by the employer of this Cita i and penalty. EM PLO YER DISCRIM INATIO N U N LAW FU L - The law pro hibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this A ct An employee who believes that he has been discriminated against may file a complaint no later than 30 days after the discrimination with the U .S. Department of Labor Area Of fice at the address shown above. IP LO Y E R R IG H T S AND R E S P O N S IB ILIT IE S -- The enclosed booklet outlines employer rights and responsibilities and )uld be read in conjunction with this notification. ATION ANO NOTIFICATION 0<= MALTY DUPLICATE OSHA-2 (Roy. 1184) Total tornio MaotnooCyhuacrfcaoor PoyoMo tei "OOL-OSHA" M icatt InSns`u-pm-ec-oti-so-in 14. With respect to asbestos pip* covering and/or asbestos lnatallat1on , stats; a. ANSWER: Ths n a m e (a ) and address(es) of supplier) and yaar(a) supplied, tha trad# n m ( i) or produce name(s) of auch aabtatoa pip covering or inaallation. a. See anaver to Interrogatory 4(a). The Company haa no apeclfle knowledge of which auppliers aold aabeatoa to the Company for thla purpose at any particular point in time. Since about 1970, the Company has not used asbestos in pipe cowering. 15. State whether auch aabeatoa products wars installed and/or used and/or torn out, and/or replaced, by Defendant, Defendant's agent(a), and/or anyone obtained by Defendant in any areAS where Plaintiff worked and whether such use of installation oceured while Defendant's employees were working in auch areas. ANSWER: To the extent that pips insulation used prior to 1970 contained asbestos the repair or replacement of such insulation occurred in places where employees worked, although not naeessarily when employees vers working there. 8uch repair or replacement was after, though not always performed by outside contractors knowledgeable in such processes. Members of the Maintenance _ Department also performed such tasks. The Company took ~ precautions to protect employees against known health hasards. If the Company's Industrial Hygiene Department determined that a risk was posed in the repair or replacement of asbestos,' appropriate precautions would have been provided to employees. Vi g 14 16 List the naae(s), hoot addcess(es), hem* phone number(s), business addresstes} buiiftti phone number(), d e p a r t m e n t () position(a), job title(s), and y e a r s ) hold such title(s) and/or position(s) for th parson(s) in charga or responsible for Defendant's purchasing Department# Shipping and Receiving Departraantis) and any and all parsons who vara involved in responsible for or nose knowiadgable for the purchase supply installation or use of asbestos and/or asbestos containing products used by defendant or purchased by Defendant between the dates of January 1 1930# and the present ANSWER: Purchjulng 1934-1986 - Fred Warhurton - Vice President, Purchasing 1223 Ledgevood Drive ' - Akron, Ohio 44313 1979-1984 - Robert Manser - Vice President, Purchasing Address not known ? - 1979 - Janes Sills - Director, Purchasing 1111 Plantation Lana Mt. Pleasant, South Carolina 29464 Richard 6. Sllsworth was eaplcyed for nsny years in ths purchasing function at ths Akron complex, under the direction of the above individuals. It is our understanding that tha person nost knowledgeable In ths shipping and receiving area vaa Bruce Kline. His address is 326 Kent Drive, Tallmadge, Ohio 44278. Page 1$ 17. Did Defendant uae1 any mach!.nea (including but not limi ted to pot heater a , cur in 9 he atera and tire mold) at lta Akro n , Ohi o Rubber Plant a at $00 south Hain Street , A k r o n , Ohio Xf yef Identify: a. Who supplied auch m a c h i n e r y , (name and addreaa) ano who manuf ectu red auch machinery (name and arldr e a s ) , wne the r thea<e mach inea contained and/ o r uaed aabeatoa , whe ther auch aabeatoa in auch machine waa repai red , chang td, taken out, or replaced by attendant, ita employee, or anyone Defendant contracted with to perform auch wort; ANSWSfti Sea Attachment #4 b. Were Defendant'a employee working in area where such work ae indicated in (a) waa being performed; and were theae employe provided with maaka or reapi ratora. b. The Company would have removed employee* from area* where auch machinery waa being repaired, if tha Company'* Induatrial Hygiene Department determined that the activity would create a health riak to employeea. ra<iw ib TACHMBNT #4 a. la a major manufacturer of tiraa and rubber producta, the Company obviously uaed a great deal of machinery at ita Akron, Ohio complex The machinery that haa been identified and the manufacturer of euch machine (vhera known) are aa followi Pot heatera Curing heaters Tire Molds Bead Machines Tire Machinss (Goodrich, Akron Standard Bias Cuttars (National Rubber Machinery, Spadone) PCD* . Tire Painters Bagging Machines Tire Curing Presses (National Machinery, McNeil, Summit [pre-1960]) Meet of theae machine contained braking device, which may at one time have uaed aabecto or asbestos-based product aa an inaulaeing material. Acbeatoa may also have been uaed aa platen insulation and in 'heat hield'-type functions in certain of the machinery, such as tire curing preaae. The Company doe not recollect who repaired this machinery, or whether there was ever any need to repair or replace any parts of the machinery which may have contained aabeato or an asbestos containing product. 18. Did Defendant, Defendant' employees or anyone - - ( Defendant contracted with law, tear, cut, drill, divide, rip any asbestos products, either to replace, repair, or take out or tear out such products. xf yes state: a. Names and addresses of all persons doing such work, and whether any airbocn dust was created as a result of such activity described abovo; ANSWER: a. To the extent that pipe insulation contained asbestos prior to 1970, Company employees in the maintenance department and outside contractors vers Involved in repairing or replacing that insulation when doing so vas necessary. The Company has no prsssnt knowledge of which specific employee or contractors performed such activity. Sec also the answer to Interrogatory #19. b. ANSWER: whether Defendant's employee in general and Plaintiff in particular worked in and around areas when such activity described above was taking place: and whether Defendant's employees we; given masks, respirators, or other breathing devices. b. The Company would have removed employees from arses when pipe insulation removal vaa occurring if the Company's Industrial Hygiene Department determined that the activity would create a health riek to employe. We have no present knowledge as to plaintiff's activity in this regard. Page 17 19. Stats whether Defendant has abated or removed any. asbestos products. Include names and address of company/ corporation, or prson(s) who abated or removed such asbestos products, departments/aress in which asbestos was abated or removed, and whether Defendant has any samples, memorandum, reports or any other oral or written comr..unioation tecardin* asbestos removal or abatement. AMSWSft: la 1987, the Company substantially abatsd tin entire Akron complex la preparation for its ala. Ihe contractor used to accomplish this vork was Schlia Corporation. Those written materials refardinc the abatement procram which ' era contained in the Company's files will ba made available for inspection by the plaintiff. f r. r- 0 - # * / > t J 'I i Id I 20 State whether or not Defendant ha* ever nad in it* possession any safe ty manual! providing for the aafaty o` worker# aa it relates to itbtitoi Includ; the exact identity of all manual! including date author and publishers the location of theae material whether these manuals were ever used in any safety procedures or policies and whether you will tender without the need of subpoena or request of production of documents copies of all sueh manuals. ANSWER : Yes, in 1979 a safety manual of the Company was developed which contained information relating to asbeseoa. The manual vae prepared principally by end under the direction of Mr. Larry Brinkley who wee the Director of Safety at the Akron complex at that time. (A copy of the pages of the manual which relate to asbestos ere enclosed ae Exhibit 20. The Company will make the entire manual avallabla without tho need of a subpoena, but does not believe that any other sections of the manual are relevant to the ieeuas at hand.) It wee prepared for the Company's Engineered Products Division, but was used throughout the Akron complex. p a g e 19 21. Identify *11 or any floor plana or blu* print* of any *nd *11 8.F. Goodrich plants in th* Akron art*, include': the neae(s), address(es), and telephone numberts) of tna custodian(s) of *ueh plan*, a complete identity of each floor plan or blue print, the location of euch records, and whether you will make sue' record* available to Plaintiff's counsel for copying without the need of subpoena duces tecum or request for production of documents* ANSWERi ! The Company has in Its possession a partial drawing of the Akron complex. The Company believes that certain floor plans and blueprints of the complex (many of which may be in microfiche form) are in the possession of The Uniroyal/Qoodrich Tire Company, 600 S, Main St., Akron, Ohio 44319* Page -0 ttss* * . w ./ u n m I-r~ * ' ' r . cja 22 State whether Defendant he ever been inspected by Ohio SPA or Federal OSHA relative to airborn aabeatoa in the work environment in any of its. plant* in summit county. AN8W8R: Tee 23 ANSWER: Zf the anawer to interrogatory 122 la affirmative: a) state the reaulta of all teata aince 1950. a. On March 18, 1980, the SPA conducted a compliance audit of the handling of aabeatoa in the Adhesive busineaa. Zt does not appear that any citations were iasued against the Company arising out of that audit. ANSWER: b) . ' See Attachment #5* state whether any state or federal agency or' arm ever found Defendant to have impermiasible quantities of airborn asbestos in the work environment of any of Defendant's planes in Summit County. . b. To the beat of the Company's knowledge, no. ANSWER: e) If tne answer to te) above is affirmative identify the date(s), repoctfs) and contents of any citations, report* or other written documentation applicable. Page 21 attachmikt #5 On March 19, 1986, OSHA inspected certain portion* of the Akron complex and cited the Company for not properly collecting ceiling concentration* of asbestos fiber* and aamplee from the breathing zone* of employees in the area where bovdome stock v u mixed, as required by federal regulation*, lie finding of excesa airborne exposure vaa made. . . A copy of the citation issued In 1986 1* attached as inhibit 23-A. On October 5 and 6, 1982, 08HA conducted a full safety and health inspection of the entire complex. OSBA did request information about the handling of asbestos ashing in the Adhesive department. The Company sent information to OSHA regarding this, which apparently satisfied the agency. / State of Ohio ) )SS County of Summit ) I-AT.1QN Richard N. Jacobson/ being first duly sworn according to law, states that he is Senior Corporate Counsel of The B.F.Goodrich Company and, in that capacity, that the foregoing responses are true to the best of his knowledge and belief based upon information supplied to him by others upon whom he has reasonably relied. Richard N. Jacobson Sworn to before me and subscribed in my presence this 17th day of November, 1989. NOTARY PUBLIC F. DANIEL BALMERT v ATTO RNEY AT LAW N O TA R Y PU BLIC - STA TE O f O HIO LIFETIM E CO M M ISSION