Document wrrLg64vZgVyZmm58qaXZ54DE

FILE NAME: RT Vanderbilt (RTV) DATE: 1977 Mat 10 DOC#: RTV233 DOCUMENT DESCRIPTION: OSHA Report of the Fiber Content of Talc Samples 35/26/2B05 IS:51 713571S6B5 SI-RADER WlLLlfiMSOK U.S- D E P A R T M E N T O F L A B O R Cicipatiooal Sifsry and Haleb Adnuautritwa VAiHWC-fW, D.c. allfl * 0 MW 1377 Enclosed is a copy of A Report of the Fiber Content Eighty In d u strial Talc Samples Obtained from, and Using the Procedures of tnc-Qccuoatlonai Safety arm Health A flim istrtlo n (QShXT. The a n alysis discussed in the report was conducted by the National Bureau of Standards at the request of OSHA. The purpose of th is study was to deteralne the f ib e r content of in d u stria l ta lc s and thereby answer parties regulate i by OSHA who challenged data of both OSHA and the National In stitu te for Gcc ational Safety and Health. The enclosed fin a l report was recefved by QSKk .^n tf*y 10, 1977. I hope you fin d that t h is report addresses your concerns^,*: consider it , as does OSHA, **fWfcans to assure healthful worKing conditions for employees, S in c e r e ly , Cuf*. C w J' i __ (/ 2*EjC t u l a Bingham Assistant Secretary Occupati anal S a fe ty and Health Enclosure 05/26/2005 16:51 7135719605 TALC SAMPLE NUMBER 1 2 3 4 5 6 7 34 35 36 37 38 39 40 SHRADER WILLIAMSON PAGE 03/43 COMPANY AND SAMPLE DESIGNATION Vanderbilt Talc Company Nycal 300 Vanderbilt Talc Company Nytal 400 Vanderbilt Talc Comoany 5X Vanderbilt Talc Company 325 Vanderbilt Talc Company X Vanderbilt Talc Ccmoany FT Vanderbilt Talc Company 3X Hitchcock Corporation Murphy, N.C., Product Talc Windsor Minerals, Gassets "37" July 29, 1975 Windsor Minerals, West Windsor Mineral Ray Grind Composite Windsor Minerals, Ludlov "36" July 29-30, 1976 Windsor Minerals, "Gasaetts" 36, July 28-30, 1975 Vermont Talc Company - Bagging Bulk Sample, 7/16/75, 2nd shift Vermont Talc Company - Bagging Bulk Sample, vertah XXXD 9/17/76 1st shift 05/26/2005 16:51 7135719605 TALC SAMPLE HUMBER 41 42 43 4A 45 46 47 48 49 50 51 52 53 SHRADER WILLIAMSON PAGE 04/43 - 2- COMPANY AND SAMPLE DESIGNATION Southern Tale Co. (Cohutta Mill) Chatsvorth, Ga . Product (Povder) Sample Mine, MESA I.D. #04-00493 Packer Station #3, Vanderbilt Talc, Mill #1 Gouverneur, N. T. let shift 11/6/75 (IT) Packer Station #2, Vanderbilt Talc, Mill #1 Gouverneur f N. Y. (Nytal 100), 1st shift 11/4/75 Ceraaitalc HDT, Vanderbilt Talc Co. 1st shift 11/4/75 Bagging Station #3, Vanderbilt Talc Co., Mill '#1, Gouverneur, N. Y. 11/4/75 (Nytal 200) Hitchcock Corp. #5 Mine MESA ID# 3100222 Hitchcock Corp., #3 Mine MESA ID# 3100683 tfrau Mine 3 mill, Iat. Minerals and chemicals * MESA ID# 31-0008 Bagging Station, Vanderbilt Talc Co. 2nd shift, Mill #1 Gouverneur, N. Y. (Nytal 300) 11/3/75 3agging Station, Vanderbilt Talc Co., 2nd shift, 11/3/75 CNytal 200) Southern Talc Co., Southern Mill Product Talc sample, Chatsvorth Ga. Rock Cliff Mine,MESA ID# 0900492, 9/3/74 Souchern Talc Co., Southern Mill, Chatsvorth, Ga. ore from Rock Cliff MESA ID# 90-00492 Southern Talc Co., Southern Mill Ore from Jude Hole Mine MESA ID# 09-00492 05/26/2805 16:51 7135718605 TALC SAMPLE HUMBER 54 55 56 57 58 59 60 61 62 ; 63 64 SHRADER WILLIAMSON 3 - PAGE 05/43 COMPANY AMD SAMPLE DESIGNATION Winterborg Mine A Mill, Ore from American Talc Co., Alpine, Ala. m i o v r e e k Mine, MESA ID# 01-00433 9/4/75 Thompson-tfeinmaa Co., Carcarsvilla Plant, Cartersville, Ga., 9/5/74, Ore from Brady Mina, MESA ID# 09-00224 Southern Talc Co., Cohutta Mill Chatsvorth, Ga. 9/3/74, Ore from Ernest Mine, MESA ID# 09-00493 American Talc Co., Alpine, Ga. Vinterboro Mine & Mill, 9/5/75 MESA ID# 01-00433, xinal Prod. Pioneer Talc Co. Inc., Garren Pit. Prod. $5 Allaaore, Hudspeth Co., Texas MESA ID# 41-00869 Pioneer calc Co., Inc., Apache Pit Product, #4, Texas !2SA ID# 41-00869 Pioneer Talc Co. Inc., #4 Taxola Pit Product, Texas MESA ID# 41-00869 Southern Clay Products, #2 Bottom Product, Allaaore, Hudspeth Co., Texas #18 v ililwhite Co. Inc., Van Horn, Cumberson Co., Texas MESA ID# 41-01527 Ground Calcined Product . Milwhite Co. Inc., #11, Van Horn, Culberson Co. Texas, Eagle Hat it Crude MESA ID# 41-01527 Pioneer Talc Co., Allanere, Hudspeth *`0. Texas, #8 Garren Ceramic MESA ID# 41-00869 05/28/2005 16:51 * 7135719805 TALC SAMPLE 65 66 67 68 69 70 71 72 73 74 75 76 78 79 SHRADER WILLIAMSON PAGE 06/43 - 4- COMPANY AND ^AMPTJg ngsTCTurrnw * Milvhice Co. Inc., Van Horn. Texas 014 Tumble Down Pic Product #14 MESA ID# 41-01527 Eastern Magnesia Talc Emtal 42 Co. Vermont 8/28/75 Pfiner (Barretts Mill) Montana minus 12 Micron Pfioer (Barretts Mill) Montana minus 325 mesh Pfizer (Barretts Mill) Montana inns 20 microns Cyprus Industrial Minerals (Three Forks Mill) Montana minus 325 mash Cyprus Industrial Minerals (Three Forks Mill) Montana Histron Vapor (minus 10 micron) Cyprus Industrial Minerals (Three Forks Mill) Montana ' Floor Sweepings (Bagging Area) Cyprus Industrial Minerals (Yellowstone Mine) Montana Drill Hole Southern Talc (Southern Mill) Ga. 982 passing 200 mesh Southern Talc (Southern Mill) Ga. 992 passing 325 mesh (#1767) Southern Talc (Cohutta Mill) Ga. 952 passing 325 mesh . Kilwnite Talc Co. Inc., (Tex.) Finished CM4 product (#2) Westerc Talc Co. (TDM) Dark - (Milvhice Inc.) (01) Tex. 05/26/2005 18:51 7135718605 TALC SAMPLE NUMBER SO 81 82 83 84 86 87 88 89 . 91 92 93 94 95 96 SHRADER WILLIAMSON - 5- PAGE 07/43 COMPANY AND SAMPLE DESIGNATION Hilvhite Co., Inc. (Tex) Marshal mix - 92-200 mesh (03) Vestex Talc Co. (Mllwhlte Inc.) (Tex.) White mine 93-200 mesh (#4) Southern Clay Products - Tex. Garren Mine 02 (#5) Texas Talc Co. - TPI (Tex.) Mine (Texas Pacific) (06) Texas Talc Co. Tex. David Mine (07) Cyprus Industrial Minerals Co. Loyce Fine Mine (Tex.) #9 Pioneer Talc Co. Inc. (Tex.) Texola Mine (#10) Pioneer Talc Co. Inc. (Tex.) Dees Mine (#11) Milvhite Co. Inc. Bryant - Soapstone Mine Arkansas y Laws Mill Micro calc from White Eagle Mine Standard Industrial Minerals Laws Mill Desert Talc Product Standard Industrial Minerals Laws Mill Holiday Talc Product Stancard Industrial Minerals Reelfer T-076 Tecora Mine (1002 Panaaint) Cyprus Industrial Minerals, Montana Teller HCO-55 Blend 4 Panamlnt, 3 Oasis, 3 White Eagle Cyprus Industrial Minerals, Montana Keeler Sierra Cloud Blend 4 Panamlnt, 1 White Eagle Cypr-s Industrial Minerals, Montana 05/26/2005 16:51 7135719605 TALC SAMPLE NUMBER 97 98 99 100 101 102 103 10 A 105 106 107 108 109 KK/ramc:1 21-77 ..etyped/a b/5-20' 7 ;u tu SHRADER WILLIAMSON PAGE 08/43 - 6 - COMPANY AND SAMPLE DESIGNATION Keeler, MSC Miscron Panamiat + 0.52 stearite Cyprus Industrial Minerals Keeler Sierralite Talc City (Frisco) Cyprus Industrial Minerals Keeler Glacier 200 Talc City (Tailings) Cyprus Industrial Minerals Keeler USF Oasis Mine (1002) Cyprus Industrial Minerals Keeler White Eagle Screenings Cyprus Industrial Minerals Keeler Suggar Mine Cyprus Industrial Minerals Pfizer Inc. (Cal) 1'alcron CP 44-31 Eclipse, Bonnie, Mongolian Pfizer Inc. (Cal) Cercron CF 96-38 Eclipse, Acne, Mongolian Pfizer Inc. (Cal) Cercron C7 96-36 White Eagle, Mongolian, Apex Cyprus Industrial Minerals (LA) Furnace Creek Tecopa (1002 Panaminc) Cyprus Industrial Minerals (LA) Vanderbilt Co., crude Soft LB American Talc (Alabama) 84 Color Dark 200 Mesh Willow Creek Mine American Talc (Alabama) 92 Color 992 100 Mesh Willow Creek Mine 16:51 7135719605 SHRADER WILLIAMSON t r PAGE 09/43 A REPOST ON THE FIBER CONTENT OF EIGHTY INDUSTRIAL TALC , SAMPLES OBTAINED FROM, AND USING THE PROCEDURES OF, THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION .If ttcfrffi % i-i j:jl-1 9 K-... ti U , <n j i ^ s r k Prepared for Occupational Safety and Health Administration Department of Labor W ashington, D. C. 2 0 2 1 2 t Prepared by the Staff of the Analytical Chemistry Division, P. D. LaFleur, Chief Institute for Materials Research National Bureau of Standards Washington, D. C. 20234 May 1977 U .S. D E P A R T M E N T O F C O M M E R C E , Juanita M . Krspa, Sacratary Dr. Batsy AncVar-Johnson. Assistant Sacratary for Science and Technology N A T IO N A L B U R E A U OF S T A N D A R D S . E n o it Ambler, Acting Qiroctor 05/26/2005 16:51 .au.** 'f * 7135719605 SHRADER WILLIAMSON PAGE 10/43 1 % S I a 9 I. INTRODUCTION A. Purpose of Study This report has been-prepared in response to a request received by Dr. John D. Hoffman, Director of the Institute for Materials Research of the National Bureau of Standards (NBS), in a letter dated September 1, 1976, from Dr. Morton Corn, Assistant Secretary of Labor, Occupational Safety and Health Administration (OSHA). In that letter, Dr. C o m stated that analysis of talc samples for their asbestos content was being performed by OSHA and the National Institute of Occupational Safety and Health (NIOSH) but that the methodology was being challenged by some of those regulated by OSHA. Dr. Corn indicated that his request to NBS was composed of two tasks: (1] to resolve thfe variability 'in the definition of/ asbestos fibers in talc,]and (2) to determine the asbestos content of some 80 talc samples to be provided by"iD$HA. Copies of the letter containing thi*sRequest and the subsequent % correspondence between Drs. Hoffman' apd Corn which provide further background information, are -included in this report as Appendix I; It was agreed'by both parties that the first of these tasks, i.a,, resolving the variability of the definition of' asbestos fibers, would be; a complex, long-term program which: would require input from a number of sources both in the private and public sectors. Tn view of this, it was agreed that the more limited task, that of determining the asbestos content of the OSHA talc samples, would be addressed by NBS first. As Dr. Corn pointed out in his letter of October 8, 1976, this was recognized not to be a research task but would involve an analysis performed according to the procedures given in 29 CFR 1910.1001. 1 05/26/2005 16:51 '# 7135719605 SHRADER WILLIAMSON PAGE 11/43 29 CFR 1910.1001 [39 FR 23502, June 27, 1974, as amended in 41 FR 1150S, March 19, 1976] deals exclusively with airborne asbestos and does not describe procedures for, nor make any reference to asbestos in talc. It does, however; include the following two paragraphs which are pertinent to the work discussed in this report: "(a) Definitions* For the purpose of this section, (1) 'Asbestos* includes chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. (2) 'Asbestos fibers' means asbestos fibers longer than^5 micrometers. " (e) Method of measurement. All determinations of airborne concentrations of asbestos fibers shall be made by the membrane filter method at 400-450 X(magnification) (4 millimeter objective) with phase contrast illumination." 'hese regulations do not, however, describe a measurement procedure but rather prescribe a method of measurement (vtz., phase contrast microscopy). A procedure contains a detailed listing of the sampling of the material, the specific experimental steps to be performed during an analysis, and, often, descriptions of the mathematical calculations to be performed and of the format for reporting results and their associated errors. A method of measurement is defined by a very general statement of the type of measurement to be made, from which a specific procedure is developed. Since 29 CFR 1910.1001 stipulates only that the method i of phase contrast microscopy is to be used for the determina tion of asbestos, MBS requested a detailed procedure from OSHA. In response, NBS was provided with a copy of the OSHA document "Asbestos Fiber in A i r " - Method No. P$CAM 239, * 2 35/26/2005 16:51 : >. 7135719605 SHRADER WILLIAMSON PAGE 12/43 issued March 30, 1976. NBS was also informed that the determination of asbestos, including asbestos in talc, was performed at the OSHA Salt Lake City, Utah, laboratory (OSHA-SLC), using P5CAM 239. Method No. PftCAM 239, however, deals only with the determination of asbestos in air using phase contrast microscopy to examine membrane filters. Since the determination of asbestos in talc is not described in the document, NBS was told to contact Mr. Willard C. Dixon at OSHA-SLC to obtain an exact description of the procedure used on talc samples. To become familiar with the asbestos in talc procedure, an NBS scientist then visited the OSHA-SLC laboratory and obtained verbal and written descriptions' of the procedure used. He spent approximately one and one-half days at the laboratory observing the procedures and techniques used and discussing them with the OSHA employees. At the conclusion of the visit he wrote a detailed report of what he had observed. This report was submitted to Mr. Dixon for comment. A copy of the report is included as Appendix II to this document. The portions of the report that are enclosed in boxe-s are the comments added by OSHA-SLC personnel. NBS scientists also discussed the analysis of talc with a number of other persons. Those contacted are listed in Appendix III to this report. Prior to commencing the actual analysis of the 80 talc samples, we were assured by OSHA personnel that 29 CFR 1910.1001, P6CAM 239 and.the annotated NBS trip report were the only documents appropriate for documenting the analytical procedure to be employed, and that the process followed by NBS in developing the detailed procedure was proper. 1 !"! S ~ l ~ i ili-f* 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE The detailed procedure followed at NBS is given in Section II of this report; however, a brief description of the procedure, and some comments, are given below: Phase contrast microscopy, with a mounting medium having an index of refraction of 1.S46, is used. Both fibers (a fiber being defined as having a minimum . length of 5 um^_a maximum diameter of 5 p m , and a minimum length to diameter ratio of 3:1) and other particles are counted. Early, in th study we determined that the identifi cation of "asbestos1* with the procedure used was extremely difficult for the following reasons : (1) Since phase .contras^mi c r o s c o p y is only a contrast mechanism, it does, not indicate_the_degree o f difference Jjetween .the^refractive index of the JJ.quid, and a particle or..fiber. For example, if a specimen is mounted in a liquid which matches a refractive index of chrysotile, then the particles and fibers counted would include all fibers which do not have that particular refractive index, e.g., talc, anthophyllite, wollastonite, fiber glass, etc. The same would be true for any other liquid used. i (2) Most mineral species have three refractive indices, therefore, anv minerai fiber not lying in the correct orientation for the selected liquid will not match and would be visible and would be counted . ~ 3 (3) The amphiboles are end members in solid solution. As a result there may be a large range of refractive indices from one end member to another. One example of such a series would be the tremolite-actinolite solid solution. 4 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 14/43 C4) In addition, the most common methods of talc formation are the hydrothermal alteration of ultrabasic rocks such as serpentine and tremolite and the thermal metamorphism of siliceous dolomites. Therefore, during . the formation of talc in contact with other minerals, there may be extensive intsrconversions between talc and the minerals serpentine, tremolite and anthophyllite. These interconversions_ may_give rise to single particles which have a .combination of the talc, anthophyllite, and serpentine mineral phases.* (5) There are many materials which may be present in talc which have overlapping refractive indices, e.g., Mineral Refractive Index Wollastonite Tremolite Quartz Talc Chrysotile 1.63 1.599 - 1.637 1.55 % 1.539 - 1.589 1.493 - 1.567 (6) Even if the refractive indices were known, positive identification of minerals could not be made since there may be interferences from other materials. peer, W. A., Howie, R. A., and Zaussman, J. , Rock F o m i n a Minerals, Vol. 3, Longmans, Green and Co. Ltd, London, England (1967) pp. 126-123. 5 05/26/2005 16:51 * 7135719605 SHRADER WILLIAMSON In his first letter to NBS, Dr. C o m requested- a determination of the "number of fibers per unit weight or unit volume. Also, the asbestos content as percent of total weight...". This was to be based upon the definition of asbestos to be resolved by NBS. Since the definition of asbestos is to be investigated as part of the longer study, reporting results obtained in these analyses in terms of "asbestos" was not possible. The procedure used by OSHA-SiC did not use weight or volume of total sample, but instead used percent fibers as a function of total numbers of particles on a slide: that convention was followed at NBS. Thus, all data given in this report are on the basis of numbers or percent of fibers per total number of entities (particles plus fibers) counted (this is referred to as number percent}. B. Goal of the Study In view of the current limitations both in the definition of asbestos and in the ability to distinguish minerals by the 'SHA methods using the existing definition of asbestos, NBS established as the goal for this portion of the study to analyze the 80 talc samples supplied by OSHA to NBS and to it port the number percent (and, if possible, the limits of tiror) of fibers using the phase contrast optical microscopy procedure discussed above and outlined in detail in Section II below. 6 05/26/2005 J*-- * 16:51 7135718605 SHRADER WILLIAMSON PAGE 16/43 J 3 1 1 a a a * II. Analysis Procedure 1- Equipment used by NBS a. A Leitz* Ortholux 1 microscope equipped with lQx and 40x phase contrast objectives and a phase contrast condenser. b. Cargille refractive index liquid 25 5C (mounting medium) n * 1.546 c. Porton Reticle d. lOx Periplan oculars 2.` Specimen Mounting Procedure Two drops of the mounting medium were placed on a clean microscope slide. The end of a new (clean) metal wire (paper clip) was dipped into the mounting medium on the slide and then into the sample which was contained in a bottle. The material adhering to the wire was blended into the mounting medium on the slide. A cover slip was then placed over the preparation. Note: No attempt was made to homogenize the contente of the eample bottle prior to drawing the specimen. A vigorous blending or mixing could itself' lead to mechanical breakdown of particles into fragments with fibrous appear ance or the separation of one fiber into many fibers. NBS did not attempt to homogenize * In order to describe materials and experimental procedures adequately, it is occasionally necessary to identify the sources of commercial products by the manufacturer's name. In no instance does such identification imply endorsement by the National Bureau of Standards, nor does it imply that the particular product is necessarily the best available for that purpose. 7 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 17/43 the samp lea aa the OSEA-SLC procedure does not include homogenization. 3. Sample Notation Upon receipt of the samples, a scientist who was not involved in the analysis divided the samples and assigned internal NBS numbers. This prevented the analysts from knowing which of the 80 samples they were dealing with and permitted blind replicate analyses. Hate: In the original transfer of the aample e from OSEA to EES a H a t was inadver tently included which gave the sample identi fications, Ae soon as this was discovered, the list vas sealed ir. an envelope and placed in the NSS 'Security Office safe until it was returned to OSEA, The only person at EBS who saw the list did not participate in any any of the analytical work. < 4. Microscopy Techniques . . Phase contrast microscopy was the method used by NBS, since it is the only technique specified both in 29 CFR 1910.1001 and in OSHA Method No. P5CAM 239. The detailed procedure followed by NBS is described below. Any steps which differ from the 0SHA-5LC procedure are noted. C D Before the analysis of a specimen was performed, the microscope illumination was adjusted for Kohler illumin ation, the annular diaphragm and phase-shifting elements were aligned and the Porton reticle was calibrated against a stage micrometer. The configuration of a Porton reticle is shown in figure 1. A detailed description of both the calibration and use of this reticle is given in PCAM 239.S S 35/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 10/43 (2) The counting field was defined as the six re c tangles on the left half of the Porton reticle. (3) Fiber dimensions were determined by comparing the length and width to the diameters of the calibrated circles on the Porton reticle. (4) The unknown samples were mounted as described above in a Cargille liquid with a refractive ii\dex of 1.546. Hote: OSSA mounted their samples in liquids with n 2$ C equal to 1,546 and 1,47. The 1 1,546 index was used to identify quartz and ahryeotile which appear blue in bright-field observation with their Zeies phaee-contrast microscope, while the background is light brown and most other materials are brown or black. The 1.47 refractive index liquid is t carried over from techniques for identifying | airborne fibers collected on membrane filters as opposed to the 1.546 liquid used for talc analysis. m % (5) Counting fields were selected by advancing the mechanical stage in a pattern of traverses of the slide in - one axis and steps along the other axis resulting in a rectangular zig-2 ag pattern. This procedure was followed until the necessary number of fields was counted. (6) MBS used the definition cf (asbestos) fibers, discussed above, viz., a fiber is greater than or equal to 5 urn in length, has a length to width ratio of at least 3 to 1, and has a maximum diameter of S um. Any particle meeting these criteria was counted as a fiber. 9 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 19/43 I (7) The samples were continuously viewed over the range of focal planes covering the sample thickness during the counting. (8) A preliminary scan of the slide was performed to attempt to find fibers in the specimen. If a fiber was found the following counting procedure was performed on newly prepared slides. Fibers were counted in as many fields as necessary to yield a total fiber count of 1*00 with the following exceptions: (a) The analysts counted at least 20 fields even if they counted more than 100 fibers, and (b) they stopped at 100 fields even if they did . .not count 100 fibers. (9) For fibers and particles that crossed either one or two sides of the counting field, the following procedure was used to obtain a representative count: The analysts counted all particles or any fibers of the correct dimensions which: 1. Were entirely within the counting area, or 2. Crossed the left or bottom sides, or 3. Crossed the upper or lower left corner, or 4. Cro sse d both the top and botto m sides. Any other fibers and particles were not counted. (10) When particle agglomerates covered a large portion of the field of view, the field was rejected and replaced by a new one. (11) The m e as u re me n t s at NBS were performed 3 500x magnification. OSHA me asu rem en ts were done 3 400x to 4S0x magnification, but NBS could not duplicate that magnification with the equipment available. Calculations performed indicate that the diffe re nce s in ma gnification w o u l d not result in any signi fic an t changes in the number of fibers and particles identified. 10 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 20/43 (12) The numerical aperture, NA, of the KBS objective was 0.65. OSHA specifies a NA range of 0.65 to 0.75. With an abjective having NA * 0.65, and at a total system m a g nification of 5Q0x, the smallest diameter of a suspected fiber which could be seen was approximately 0.4 um. Hence, any fiber 5 ym long but having a diameter less than 0.4 ym, could never be found unambiguously. The class of particles defined as fibers and visible by the procedure is depicted as the cross hatched portion shown in figure 2. Note: The OSffA-SLC laboratory, in addition to phase-contrast microscopy, sometimes uses _ polarized light microscopy with a retardation * plate to distinguish asbestos fibers from talc plates oriented on end and from other non-asbestos fibers such as glass or organic fibers which may have been present in the samples. Since these techniques are not part of the phase-contrast method they were not used at NBS. 1 NBS used two analysts working independently and following the procedure given above in obtaining the results on the OSHA-supplied talc samples. While the analysts did not have, prior to this study, an extended period of experi ence with the specific methodology employed, they have had extensive experience in a wide range of particle characteri zation techniques, including general optical microscopy. I I 05/26/2005 16:51 7135718605 SHRADER WILLIAMSON PAGE 21/43 III, Preliminary .Investigations of Samples ; * .*.*'.* - * A;. '..Macroscopic Description of Samples ' *. * * . \ A qualitative description of the 80 samples supplied t to MBS by OSHA is given in table 1. The sample numbers are those- assignee! by OSHA. The number after the description refers to the number of the color chip in the Inter-Society Color Council-NBS Color Name Chart (Supplement to NBS Circular SS3). B, Scanning of Samples Specimens of the 80 talc samples were mounted on slides by each analyst independently, using the "dip" method described in Section II.2 above. These specimens, each containing ^1000 particles, were then scanned rapidly, .a., only the presence ojL_absence of fibers was noted and riber counts were not made at this time. As a result of these scans, specimens taken^ from _31 samp le_s_ were identified^ by both analysts as containing at 1e a s t ( o n ^ f i b e r , specimens taken from an additional_21 samples w ere identified as containing at least one fiber by, one'-analyst but no fiber was seen by the other analyst, and no fiber was seen bv either analyst for specimens taken from the remaining -28^ samples. IV. Counting and Analysis of Samples A. Samples Noted by Both Analysts as Containing Fibers As noted above, 31 samples were identified by both analysts as containing fibers during scanning. Data for these samples are given in table 2. The observed counts for each specimen by each of the two analysts, listed as F/(P-*,F) (t.e.j fibers divided by non-fibrous particles fibers) are shown. In addition the estimated percent of fibers (p), and the lower (L) and upper (U) limits or a 95 percent confidence interval for the ,,true,, value of o for the slide on which the 12 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 22/43 j count was:-made are given.* It should be noted that the confidence interval refers only to the portion of fibers on the slide on which the count was made, and not necessarily to the true average of fibers in the entire sample. (Estima tions of the latter would require that the slide constitute a random sample of a homogeneous material under examination.) It is seen that for eight of `these 31 materials, the confidence intervals for replicate slides failed to overlap, indicating a lack of statistical compatibility between these replicate determinations. To study in more detail the consistency (or lack thereof) of the results from replicate slides, a more exact statistical analysis was performed by considering the actual-fiber and particle counts far each material as the elements of a contingency r k * The calculation of confidence limits, and other statis cal analyses in this report, are valid under the assumptions (i) that the fibers are randomly located among the particles on a slide, and (ii) that the stopping rule of Section 11.4(8) above introduces negligible bias. The confidence interval is based on the relation: Prob [at most c occurrences of event E in N trials] = Prob n2 P 1 where P is the probability of an event E, F is the F statistic with n^ and degrees of freedom, and n x * 2(cfl) n 2 - 2(N-c) This relation is cited in Fisher, R. A., and Yates, F., Statistical Tables, Hafner Publishing Company, N. Y. (1963) p. 3. 13 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 23/43 table* and calculating the corresponding chi-square value*. A significant value for chi-square, at the 5 percent level of significance, was taken to indicate statistical incompati bility between the replicate slides. The samples for which significance at the 5 percent level was thus determined are identified by an asterisk in table 2. Of the 31 materials, 17 showed incompatibility between replicate slides at the S percent level of significance. The fact that over 50 percent of the results of these 31 samples were incompatible suggests problems either of inhomogeneity, or of difficulty in the determination of fiber morphology, or both. If the sample is inhomogeneous, the reason for the-statistical incompatibility is obvious. . The problem of determining fiber or particle morphology is very difficult as there is often a great deal of subjectivity in deciding whether or not a particle meets the criteria to be classed as a fibeT. Photomicrographic examples of Cl) a specimen containing unambiguous fibers, (2) a specimen in which no fiber can be discerned, and (3) a specimen which required a great deal of judgment are shown in figure .5, a, b, and c respectively. In figure 3 six different fields of view are shown for each specimen, three using an optical microscope and three using a scanning electron microscope (SEM). (The SEM fields do not correspond to the optical fields, but were chosen randomly.) In the case of talc samples, one must also judge which of the apparent fibers are talc platelets seen on edge. It is possible to "roll over" some of these platelets by moving the cover plate slightly, but while doing so, one also may '`roll'' another platelet into a position where it would subsequently be viewed from the edge. Snedecor.^G. W. , and Cochran, ?f. C. , Statistical Methods, och i. , The low?. State University Press, Ames, Iow3 (1967). Eqn. S.10.3, p. 217. 05/25/2005 15:51 7135719605 SHRADER WILLIAMSON PAGE 24/43 B. Samples Noted Initially by Both Analysts as not Containing Fibers Because of our concern over the incompatibility of results in the 31 samples in which both analysts agreed there were fibers, we decided to reexamine a portion of the gToup of 2B samples originally classed by both analysts as not containing fibers. Ten samples were selected at random from the pool of 28 samples and were scanned a second time. (Before discussing the results of additional scanning and counting in this group of samples, it is useful to calculate the probability of seeing no fibers in a count of N objects (particles or fibers). The probability is a function of the true fiber content of the material from which the slide is prepaied. The calculation is based on the assumption that the specimen (.e., the portion of the material on the slide) is a random sample from the material being measured. According to the binominal distribution,* the probability (zero fibers in count of N) equals (1-P)^ where and p is the number percent fiber content of the material. Table 3 lists values of this probability for various values of p, for >1*200, 500, 1000, and 2000. It is evident that the probability of seeing no fibers in two slides of 1G0C counts each (N*2000) is extremely small unless the true fiber content of the material is less chan 0.2S percent. (Even for Nf=200, the probability of seeing no fibers is very small unless the fiber content of the material is less than 2.5 percent). One would therefore expect the materials in this group to have fiber contents not greater than 0.2S percent. i ! It is also interesting to note that for materials with very low fiber content, say 0.01 percent, there is only an 18 percent probability of finding at least one fiber in a count of 2000. In order to reach a probability of 95 * Ibid-, Chapter 8. IS 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 25/43 percent of finding at least one fiber in such a material, one would have to examine at least 30,000 particles. For a material with a 0.1 percent fiber content, the number of particles required to find at least one fiber with 9S percent probability is 3000.) As a result of the second scan on newly prepared slides, four samples were still identified as fiber-free, but fibers were observed in the remaining six samples. The results are given in table 4. Four samples showed fiber contents larger than 0.2S percent by both analysts. Furthermore, for two of these samples, the two new slides gave incompatible results (as shown by the'chi-square test). These are indicated by an asterisk in. table 4. ' The results obtained from this reexamination of the materials in the group of initial negative scans thus support the interpretations given by the'analysis of the samples in the first group: inhomogeneity and/or subjectivity in deciding fiber morphology;.- C. Samples Noted as Containing Fibers by Only one Analyst During the Initial ScafT: The remaining pool of 21 samplesT* which were noted as containing fibers by only one of the analysts during the i initial scan, was then examined. In all of these cases the percent of fibers was estimated tc be low and the arguments given above about the probability of finding fibers as a function of total number of particles are equally valid. In this case, sight samples were selected for fiber counts. Of the eight samples selected, seven provided incompatible replicates, given further support to the interpretation made on the basis of the other two groups of samples. These data are given in table 5. Again, incompatible results are indicated with an isterix. 16 16:51 7135719605 I SHRADER WILLIAMSON PAGE 26/43 V. Conclusions In this report the results o the determination of the fiber content of SO OSHA-supplied samples of talc are presented, along with a statistical interpretation of these .results. Of the.45 samples on which fiber counts were made, the results for replicate analyses an 26 of the samples were statistically incompatible. This incompatibility was not confined to any particular concentration range of fibers. As a result, NBS deemed it inadvisable to report uncertainty limits for the fiber content determinations obtained on the samples measured. Fiber counts could be made using the present procedure on the 55 samples which,were not counted, but it is doubtcful that any useful additional information would be obtained. The variability of these results raises several questions regarding the OSHA procedure, particularly sampling technique, 'sample homogeneity, and determining fiber morphology. It is the opinion at NBS that, even under favorable circumstances (d.g., homogeneous samples, easily, identified fibers, etc.}, the existing OSHA procedure is useful only for determining "fiber" content and not "asbestos" content. Although careful manipulation of the mounting medium might*make it possible to identify some of|the fibers as "asbestos", the problem of it i :the definition of "asbestos" still remains. NBS believes t that the resolution: of the measurement problem, including the definition and identification of asbestos, will be accomplished only by significant changes in the procedure and probably the method as. well. In order to complete the tasks requested by Dr. Corn in his letter of September 1, 1976, it will be necessary to arrive at an acceptable definition of asbestos and to l i develop the necessary measurement techniques and standards. Once that has been achieved, a more meaningful analysis of the 80 OSHA-supplied talc samples can be accomplished. 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON 27/43 Samle 1 2 3 4 S 6 7 34 3S 36 37 38 33 40 41 42 43 44 Table 1 Description of bulk material Descriotion fine white powder (263) fine white powder (263) fine white powder (263) fine white powder (263) fine white powder (263) fine white powder (263) fine white powder (263) fine white powder (263) coarse grains (sand-like) (92) inhomogeneous fine off-white powder (93) beige fine-grined non homo geneous-- '* some daTk material, some light (93) beige fine-gTained nonhomogeneous some dark material, some material (93) light off-white powder (92) fine very light grey powder (92) fine light grey powder (264) fine white powder (263) fine white powder (265) fine white powder (265) 18 05/28/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 28/43 Sample 45 .46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Table 1 (continued) Description fine white powder (263) fine white powder (263) fine white powder (263) light brown powder (264) off-white powder clumps together in small aggregates (263) off-white powder clumps together in small aggregates (263) light grey powder (154) grey granular material, non- homogeneous C155) light grey powder (fine) (154) fine white powder (263) fine off-white powder (92) grey granular material, non- homogeneous (154) fine white powder, some aggregation (263) fine off-white powdeT (263) off-white powder clumps together in small aggregates (92) off-white powder clumps together in small aggregates (263) dark grey granular, some small fragments (265) .'fine off-white po w de r (263) fine off-white powder (9) 19 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 29/43 Sample 64 65 66 67 68 69 70 71 72 73 74 75 76 78 79 80 81 82 Table 1 (continued) Description fine brown-grey powder (264) fine grey powder C265) fine off-white powder (264) off-white powder, some aggregation (263) fine white powder (263) off-white powder, some aggre gation (263) fine off-white powder (92) off-white powder, some aggregation (263) off-white powder, some aggregation (92) small light grey pebbles and powder, inhomogeneous (264) fine light grey powder (264) fine off-white powder (264) fine grey powder (154) light grey to brown powder (264) dark grey rock, same large fragments but mostly small grains (265) fine grey powder (264) off-white powder (fine)(9) dark grey rock, mostly large fragments with some granular material (265) 20 m m i m m 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 30/43 Sample 83 84 86 87. ...... 88 89 91 92 93 94 95 96 97 98 99 100 m; Table 1 (continued) Description dark grey rock, mostly large fragments with some granular and powdered material (265) dark grey rock almost all large fragments, very little granulai or powdered material (266) dark grey granular material with some large fragments (26S) white and pink rocks, very little granular or powdered material ( coarse granular light brown several large fragments with some powder (93) m m9 m greybrown granular, inhomo geneous (93) fine o f f e A i t a powder (263) white with powder (263) grey aiTd^rown rocks (93) fine white powder (263) off-white powder, some aggre gation (263) fine white powder (263) fine white powder (263) fine off-white powder (92) fine beige powder (153) fine white powder (263). . white to. light, .grey! rocks with .J *"' `a fairly large amount- of **.'* powder (92) 05/26/2005 16:51 Sample 102 103 104 105 106 107 108 109 7135715605 SHRADER WILLIAMSON Table 1 (continued) Description large grey rocks with white powder 0 the bottom (153) fine white powder (263) off-white powder (263) fine white powder (263) fine white powder (263) large grey and light brown rocks, some powder in the bottom, very inhomogeneous fine white powder (263) white powder, extensive aggregation (263) 22 PAGE (92) 31/43___ m m m u b B BI -I Bl n a a i a a a a a a 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 32/43 Table 2 Results of the 31 Samples Identified as Containing Fibers by Both Analysts on the Initial Scan Analyst 1 95% Confidence Intervals Sample Count P L U No. [F/CP+F)] (%] CD CD 1 102/760 13.4 11.1 16.0 2* 13S/809 16.7 14.2 19.4 3 100/480 20.8 17.3 24.7 4 : 105/660 15.9 13.2 18.9 5 100/711 14.1 11.6 16.8 6 158/1606 9.8 . 8.4 11-4 : 7* 102/8S2 ' 12.0 9.9 14.3 34* | 101/696 14.5 12.0 17.3 38* Ax* 42 45/652 6.9 100/991 . 10.1 105/593 ? 17.7 5.1 8.3 14.7 9.1 12.1 21.0- 43 ! 103/835 11.6 9.6 13.9 45 106/682 15.5 12.9 18.5 46 , 104/1163 8,9 7.3 10.7 * 47 104/543 19.2 IS.9 22.7 49* 142/1263 11.2 9.6 13.1 ' 50* 124/659 18.8 IS.9 22.0 100/348 11.8 9.7 14.2 Analyst 2 95% Confident Intervals Count L U [F/(P+F)] C%) CD CD 125/833 142/1138 15.0 12.5 12.7 10.6 17.6 14.5 103/445 23.1 19.3 27.3 109/670 16.3 13.6 19.3* 109/720 83/714 102/586 15.1 11.6 17.4 12.6 9.4 14.4 18.0 14.2 20.7 105/1028 .10.2 8.4 12.2 17/4J1 3.8- 2.2 6.0 70/501 106/492 102/829 14.0 21.5 12.3 11.1 18.0 10.2 17.3 25.4 14.7' 86/627 13.7 11.1 16.6 103/11SS 136/817 8.9 16.6 7.3 14.2 10.7 19.4 102/393 26.0 21.7 50.6 127/600 76/866 21.2 18.0 24.6 8.8 7.0 10.9 * Incompatible replicates. 23 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 33/43 Sample No. v-S2* ^56 x^sa*' v"60* 8 75* 76* 87 92 94* 95* 96* 104* 109* Table 2 (continued) Analyst 1__________ 95! Confidence Intervals Count ! p L U [F/(P+F) )j (!) (!) (!) ___ Analyst 2 95% Confidence Intervals Count (F/(P+F)) d L (!) W 100/919 72/900 48/1865 100/1285 67/1901 87/2237 111/1474 105/1243 100/759 48/471 101/329 35/3276 10.9 8.0 2.6 7.8 3.5 3.9 7. S 8.4 13.2 10,2 30.7 1.1 8.9 13.1 6,3 10.0 1.9 3.4 6.4 9.4 2.7 4.4 3.1 4.8 6.2 9.0 7.0 10.1 10.8 15.8 . 7.62S.8 13.5 36.0 r * 0.7 1.5 43/1947 2.2 1.6 3.0 55/1571 3.5 2.6 4,5 69/959 7.2 5.6 9.0 111/2674 4.2 3.4 S.O 54/767 7.0 5.3 9.1 54/581 9.3 7.1 11.9 29/503 S .8 3.9 8.2 60/1190 5.0 3.9 6.4 79/1685 4.7 3.7 5.8 109/686 15.9 *13.2 18.8 + 100/522 19.2 'lS.9 22.8 55/527 111/314 10.. 4 35.4 8.0 30.1 13.4 i 40.9 10S/906 11.6- 9.6 13.8 72/1674 4.3 4 3.4 S.4 37/2820 1.3 0.9 1.8 36/625 5.8 4.1 7.9 101/773 13.1 10.8 15.6 104/1390 5.5 4.5 6.6 a sei * Incompatible replicates. N-'OTH: Confidence limits were calculated using an approximate formula and a few may be in error by one or two units in the last place. 24 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 34/43 Table 3 Probability of Finding No Fibers in Counts of Size N True Fiber Content, in. Percent 0.01. 0.05 0.10 0.15 0.20 0.25 0.30 0.40 0.50 0.60 0.80 1.00 1.50 2.00 2.50 N-200 0.98 0.90 0.82 0.74 0.67 0.60 0.55 0.45 0.37 0.30 0.20 0.13 O.OS 0.02 <0.01 Size of Count N-500 N*1000 0.95* 0.90 0.78 0.61 0.61 0.37 0.47 0.22 0/37 0.14 0.29 A.-- 0.22 'V.T-'' 0.08 0.05 0-02 <M&CTTuT sm0.01 to i 0.01 <0.01 N-2000 0.82 0.37 0.14 0.05 0.02 0.01 <0.01 65/26/2005 16:51 7135719605 SHRADER WILLIAMSON Table 4 Results of the 28 Samples Identified by Both Analysts as Not Containing Fibers on the Initial Scan __________ Analyst 1___________ i __________ Analyst 2 ' 95% Confidence Intervals 951 Confidence 4 Intervals Sample No. Count [F/CMJ] p L (J (*] CD CD Count l U IF/ (P*F.) ] (*) . W Cl) 36 not counted 37, not counted -rn- + S4* S5 22/828 . 2.7 not counted 1.7 * 4.0 S/-899 0.6 0.2 1.3 61 not counted /+62 4/139S 0.3 0.1 0.7 0/1410 0.0 0.0 0.2 ^ t63 t65 no fibers observed on second scan no fibers observed on second scan * - t66 18/1545 1.2 0.7 1.8 70 not counted 10/1598 0.6 0.3 1.1 71 not counted 72 not counted 73 not counted 78 not counted 80 not counted 81 not counted * Incompatible replicates, t Samples selected for second scan. 26 05/26/2885 O - 16:51 7135719605 SHRADER WILLIAMSON PAGE 36/43 Table 4 (continued) Sample No. +82 84 86 +88 91 93 +98 + 101 102 107 +108* Analyst 1 95* Confidence Intervals Count P L IT [F/(P+F)) CD CD CD Analyst 2 95* Confid Interval Count [F/CP+F)] L CD CD no fibers observed on second scan not counted not counted no fibers observed on second scan not counted not counted not counted 18/746 , 2.4 1.4 2/200 1.0 ' 0.1 3.8 ^ 3.6 9/522 6/230 1.7 0.8 3, 2 . 6' 1.0 5. not counted * not counted 56/833 6.7 5.1 8.6 18/1165 1.5 0.9 2. * Incompatible replicates. + Samples selected for second scan. 27 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 37/43 Table 5 i Results on the 21 Samples Identified as Containing Fibers by Only One Analyst on the Initial Scan Sample No. 35 39 40 44* 48 51* S3* 57 59 64 67 69 74 79 83* 97* 99* Analyst 1 j 95* Confidence Intervals Count p [F/CP*F)1 (%) not counted L (*) i . U :* C%) 29/813 ' 3.6 2.4 5.1 not counted 100/905 11.0 i i not counted 45/833 5.4 9.1 13.3 i i1 4.0 7.2 50/1091 4 i6 i 3.4 6.0 not counted not counted not counted not counted not counted not counted ' i not counted 18/430 4.2 2.5 6.5 36/1861 1.9 1.4- 2.7 30/1212 2. 5 1.7 3.5 Count Analyst 2. 95* Confidence Intervals P L w : (*) u 1.(*) 9/S50 81/418 1.6 19.4 i 0,-7 3.1 i i 11 i IS. 7 23. S ! jt 39/1354 42/1771 2.9 2.0 2.4 ! I-7 3:.9 3.2 i \ 1 1 i 3/630 0.5 0.1 1.4 13/1693 1.1 0.6 1.7 1/739 0.1 0.0 0.8 Inco.-npacible replicates. 23 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 38/43 Table 5 (continued) Sample No. 100 103 105* 106 Analyst 1___________ __________ Analyst 2 Count [F/CP+F)] 95* Confidence Intervals p L U (t) () C) Count . rF/(p+F]] 95* Confi Interva P L t (%) not counted not counted 86/1498 5.7 4.6 7.0 not counted * 27/777 3.S 2.3 * Incompatible replicates. 29 N-1 2 3 4 5 6 7 8 9 oo o O O O 0 * 0 2463 9 10 11 12 13 -- i---------- m u m n aa a 3 N=1 2 3 4 5 <5 $ 6 7 Figure 1. Porton Reticle 30 BS9 i 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON MAXIMUM LENGTH NOT SPECIFIED PAGE 40/43 P A R T IC L E W IDTH. Figure 2. Fiber dimensions that would be observed as per OSHA definitions and resolution limit or microscope. 31 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 41/43 Sample 92 Light Microscope Scanning Electron Microscope Figura 3 a 05/26/2005 16:51 7135719605 SHRADER WILLIAMSON PAGE 42/43 Light Microscope Sample 81 Scanning Electron Mfcrosco figure 3b 05/26/2005 16:51 * r 7135719605 SHRADER WILLIAMSON PAGE 43/43 Light Microscope Samm le 108 Scanning Electron Microscop Figura 3 c C ANDREW WATERS (CA. DC NC.TX) PETER A KRAUS OX VA) CHARLES S. SIEGEL JEFFREY B. SIMON (KY.tx> TROYCEG. WOLF George G. Tw lonl. m (DC UA. a f A. Tig D u C m c S i Fox Michelle B. None* NeMtT*lanaotca ruICCook(CA) O u ria E. VUe(TXno O re, W. L-errhy Sar Svartzse (CA. IL) Kyi* Gail Cole WATERS & KRAUS, LLP 3219 M cKinney Avenue Dallas, Texas 75204 Telephone 214-357-6244 Telecopier 214-357-7252 California O ffic e 300 N. Continental Blvd., Ste. 500 El Scfundo, California 90245 Telephone: 310-4144146 Telecopier 310-4144156 M ry?pd& fflcf10015 Old Colmrbia Rd., Sie. B-215 Colunfca, Maryland 21046 Telephone: 410-312-5599 Telecopier 410-312-5595 DAVID C GREENSTONE (hy. n o MICHAEL L. ARMITAGE (CA. LAI B. SCOTT KRUKA LESLIE CMacLEAN Jay E Scacnfcx Jcanifcr L Barden (CA) L o r J-- b-- (HY) R W . Trey Jo-- B ry C . M b c rt (CA.LAJ O F CO U N SEL: Jamea C Barber ( B i a i C n M NnaMf hpoyTlM La* ky n* n t M a f L-- l iyn.tmmm k m M a (AdM-- rMfil j t b t i M M aT Tad PLEASE RESPOND TO THE DALLAS OFFICE June 30,2005 V IA C M R R N 7004 1160 0000 3323 1368 Laura Kugler Bailey Crowe & Kugler 901 Main Street Dallas, T X 75202 VIA CM R R N 7004 1160 0000 3323 1375 Maria Karos Bell, Nunnally & Martin 3 2 3 2 McKinney Avenue Dallas, T X 75204 Suite 1400 RE: All Waters & Kraus asbestos cases vs. Georgia Pacific Dear Laura and Kiki: Enclosed please find several documents (there are others) that indicate Georgia Pacific, and its predecessor Bestwall, added asbestos-containing talc to its joint compound products. A s you know, Georgia Pacific's Interrogatory responses consistently fail to disclose this crucial fact: G P products, incuding but not limited to joint compounds, contained amphibole asbestos, such as tremolite and/or anthophyllite talc. The various Georgia-Pacific motions to exdude causation testimony and evidence on the basis that "pure" chrysotile does not cause mesothelioma - - filed in the Texas M D L Court and in various Courts throughout the country, for years -- are misleading. We are hereby requesting available dates to depose Mr. Lenhart and Mr. Burch with respect to these issues. Please also immediately amend all applicable Georgia Pacific Interrogatory responses In individual cases and in all In R e Proceedings to reflect this information. In addition, please Immediately supplement applicable document requests by forwarding all documents evidendng the purchase of and/or presence of talc that may have contained asbestiform mineral(s) in Georgia Pacific products. Although the following is not perhaps an exhaustive list, I would think that responsive documents would indude at least the following: Page Two Kugler/Karos June 30, 2005 All contracts to which GP/Bestwall was party evidencing purchase of fibrous talc; All formulations of GP/Bestwall joint compounds evidencing talc, including but not limited to documents which indicate the percentage, by weight or otherwise, of fibrous talc in the joint compound products; All communications between GP/Bestwall and sellers of fibrous talc; All GP/Bestwall internal communications discussing the purchase and/or use of fibrous talc in its joint compound products; A n y testing (eg. IH testing, air monitoring, etc.) evidencing the presence of amphibole asbestos in GP/Bestwall products; All photos of any bags and/or buckets of GP/Bestwall joint compound products used during a period in which they may have contained fibrous talc; All lists of joint compound ingredients GP/Bestwall used internally and/or made available to its joint compound customers during the time period that GP/Bestwall joint compound products contained fibrous talc. Please let me have your agreement by Friday, July 8, 2005, to comply with the foregoing requests so that we need not file motions seeking to compel the depositions, documents and interrogatory responses, and other relief which we believe to be justified. /\ /Qerelv, / _ cc: Peter Kraus y Bf. Simon C. ANDREW WATERS iCA. DCk c TX) PETER A- KRAUS (TO. va) CHARLES S. SIEGEL JEFFREY B. SIMON (NY.TO TROYCE G. WOLF RocC. Eddint Georg G Tinkard, III (DC VA. MD. PA. TX) Dina Castelli Fox Michelle B. Necton NeU Tilimautct Paul C. Cocce (CA) Charles E Vallea (TX TO) Greg W. Liseirfoy Saar Swaitaoo (CA. IL) KyU Gail Cole WATERS & KRAUS, LLP 3219 McKinney Avenue Dallas, Texas 75204 Telephone 214-357-6244 Telecopier 214-357-7252 C alifo rnia.Qfficc: 300 N Continental B lvd. Stc. 500 El Scgundo. California 90245 Telephone: 310-414-8146 Telecopier: 310-414-S156 M art land O ffice: 10015 Old Columbia R d , Ste. B-215 Columbia, Maryland 21046 Telephone: 410-312-5599 Telecopier 410-312-5595 DAVID C. GREENSTONE (NY. To ) MICHAEL L. ARMITAGE (Ca. la) B. SCOTT KRUKA LESLIE C. MacLEAN It) E. Stuetcke Jennifer L Bartlett (CA) Leewi J#eoh*on(NY) H. W. Trey Jones Bryan G Mthere (CA, LA) OF_CO l.NiEl James C. Bcete: (Been!GruCot mPeuea! U)y Tnil Lawby (he TO Bard of Legit Spccaliituc A nided it Qva Tiiii Lie by Ihc Nut B)ird or Trill Advocacy) PLEASE RESPOND TO THE DALLAS OFFICE July 20, 2005 V IA F A C SIM IL E 214-231-0556 Laura Kugler Bailey Crowe & Kugler 901 Main Street Dallas, TX 75202 V IA F A C SIM IL E 469-227-8004 Maria Karos Sedgwick Detert Moran & Arnold 1717 Main Street Suite 5400 Dallas, T X 75201 RE: All Waters & Kraus Asbestos C ases vs. Georgia Pacific Dear Laura and Kiki: I have not yet seen a response from you regarding my letter of June 30, 2005, imploring your client, Georgia Pacific, to amend its interrogatory responses and requests for production of documents in our cases to accurately reflect the presence of asbestiform talc in several Georgia Pacific joint compounds. Therefore, I will move to compel accurate and complete discovery responses as well as seek appropriate sanctions against your client for my having to compel such disclosure. Please produce all non-privileged documents relating to Georgia Pacific's adding of talc to its joint compounds. If you claim any privilege to any such documents, please produce an appropriate privilege log so that I may seek appropriate relief. I have not yet received dates for depositions of Mr. Burch and Mr. Lehnert regarding these matters. If you don't provide me dates for deposition by Friday, July 22, 2005, at 5:00PM, I will move to compel. However, I need all talc-related documents produced at least 1 week in advance of those depositions, so I again request prompt production of those documents. Jeffrey B. Simon Line 1: WATERS / KRAUS Line 2: WATERS / KRAUS Ad Hoc Broadcast Report ID: 2143577252 ID: 2143577252 20 Jul'05 14:38 Page 1 Job Phone Number 785 2142310556... 785 4692278004 ....... Start time 7/20 14:38 7/20 14:34 Pages Mode 2/ 2 BC . 2/ 2 BC ... Status Completed Completed.... Explanation of items in the Mode column: EC=Error correction 96=9600 BPS 48=4800 BPS SA=Subaddress PW=Password MP=Multi-poll BC=Broadcast WATERS & KRAUS, LLP 3219 McKinney Avenue Dili*, Tcxm 75204 Telephoto; 214-357-6244 Telecopier: 214-357-72S2 300 N. Continental B ivi, Suite 50C El Segundc, California 90245 Telephone: 310-414-K146 Tlcopier: 3HM14-6156 10015 Old Cablati Read. Suite B-21S Columbia, Maryland 21046 Telephone: 410-312-5599 Telecopier. 41-312-S59S DATE: July20, 20D5 TO: Ijura Kuglcr and Kiln Karos PAX a: See attached lecer FROM: !->! Martin. Paralegal ta Jeffrey Simon RE: Georgia Pacific NUMBER OF PAGES: 2 COMMENTS: Thu message it coded only for Lhc use ofthe address and maycootxin itfoemaboo that is privileged and confidential. If you are not the intended recipient, yoc are hereby notifiod that anydiireilntrion cf this cotnauinieaiioc is strictly prohibited If you have received this cotnmuniatioe in eercr, please notify tts immediately by telephone. IF ANY PART OF THIS TRANSMISSION WAS INCOMPLETE OR IF YOU HAVE ANY QUESTIONS, PLEASE CALL (214) 357-6244 THANK YOU. American Journal Of Industrial Medicine 26:809-819 (199 Asbestos-Related D isease Associated With Exposure to Asbestiform Tremolite Sharon H. Srebro, md,and Victor L. Roggli, md Tremolite is nearly ubiquitous and represents the most common amphibolc liber in rh lungs o f urbanites. Trem olite asbestos is not mined or used commercially but is frequent contaminant o f chiysodle asbestos, vermiculite, and talc. Therefore, indivic uals exposed to these materials or to end-products containing these materials may t exposed to tremolite We have had the opportunity to do asbestos body counts at minerai fiber analysis on pulmonary tissue from five mesothelioma cases and tv/ asbestosis cases with pulmonary tremolite burdens greater than background level? There were no uncoated amositc o r crocidolite fibers detected in any o f these case: Three patients were occupationally exposec to chrysotile asbestos; two patients ha environmental exposures (one to verm iculite and one to chrysotile and talc) and o d c w s a household contact of a shipyard worker. The tremolite burdens for the asbestosis case were one to two orders o f magnitude greater than those for the mesothelioma cases. O i study confirms the relationship between tremolite exposure and tbc development c asbestos-associated diseases. Furthermore, the finding of relatively modest elevations c tremolite content in some of our mesothelioma cases suggests that, at least for sorr. susceptible individuals, moderate exposures to trcmolite-conrarmnaied dust can produc malignant pleural mesothelioma, c 1594 Wiiey-Uss, Inc. Key words: asbestosis. chrysotile, mesothelioma, tremolite, vermiculite INTRODUCTION Tremolite is a hydrated magnsium silicate (Ca2Nig5SLa0 22(0H)2) lhat belong to the amphibole group of minerals. Collectively, actinolite, anthophyite, and trem olite are often referred to as noncommercial amphiboles. Although the ncncommcr cial amphiboles are, geologically, (be most common amphiboles, they are of littl industrial importance and not mined commercially [Pooley, 1987]. Thus, tremolit and other noncommercial amphibole exposure levels are not routinely monitored and, until recently, were not usually considered in the epidemiology or etiology o asbestos-related disease [Weill et ai., 2990]. However, recent attention has focuses on the health effects of exposure to tremoiite asbestos. Although tremolite is not mined commercially, it is a common contaminant o DDutprhaammr..emNCo. i Pathology, Durham Veterans' Administration and Duxe University Medical Centers AMdeddriecsasl rCeepnritnetr.reDquuerhsatsmto. NVCict2o7r7L1.0-Roggli. MD. Depanmen: of Pathology, Box 2712. Duke Univcrs:: Accepted for publication March 4, 994 1994.WiJey.Liss. Ihc. 810 Srrbro and Roggli other mineral deposits, such as chrysotile asbestos (which accounts for 90-95% of commercial asbestos in the United States), vermiculite, and talc [McDonald ct a]., 1989]. Workers may.be exposed to tremolitc asbestos from mining or manufacturing processes involving these minerals. Additionally, some end-products contain these minerals (such as cosmetic talc or spackling compound, which contains chrysotile) anc may present a potential source of tremolitc exposure. At Canadian chrysotile mines, tremolite is present in only trace amounts in the deposits [Gibbs and Lachance. 1972j. Nevertheless,:several studies suggested that most cases of malignant mesothe lioma observed in these miners were probably attributable to tremolite, rather than to chrysotile asbestos. This conclusion is based on the observation chat the majority of uncoated fibers detected in the lungs of the miners with mesothelioma was tremolite, and pulmonary tremolite contents for the chrysotile miners exceeded control levels [Churg, 1988; McDonald ct al., 2982, 1989]. One study concluded, because chrysotile represents 90-95% of all asbestos used, as many as 20% of all malignant mesotheliomas in North America may be due to tremolite [McDonald et al., 1989]. Several studies regarding vermiculite miners demonstrated a dose-related increase in asbestos-associated diseases and suggested, according to the American Thoracic So ciety, that tremolite exposure " represents health consequences similar to other forms of asbestos exposure, including lung cancer and mesothelioma" [Amanaus and Wheeler, 1987; McDonald ct al., 1986; Weill e: al., 1990], Also, in Turkey and the Metsovo region of Greece, where naturally occurring asbestiform tremolite is used for whitewashing and for stucco, studies have demonstrated an increased mesothelioma risk for residents with no history of occupational exposure and no identifiable history of exposure to other fiber types [Baris et al.. 1988; Danger et al., 1987]. Collectively, these studies suggest that tremolite asbestos exposure represents a potential health risk not only to miners and manufacturers of tremoiite-contaminated mineral products but also to those exposed to tremoiite-contaminated end-products. This report presents .seven cases of asbestos-related disease, for which scanning electron microscopic (SEM) pulmonary mineral fiber analyses support an enoiogic role for tremolite. M ATERIALS AND METHODS Case Selection The seven cases selected for this study were obtained from one of the author's (V.L.R.) consultation files. The criteria for selection included 1) a diagnosis of asbestos-related disease, 2) no uncoatec amosite or crocidolitc fibers detected by SEM, and 3) pulmonary uncoated tremolite fiber content greater than control levels. The upper limit of the control lcvei was 2,540 uncoated fibers (5 p.m or greater in length) per gram of wet lung. This value was based on SEM mineral fiber analyses for 19 control cases, as defined in earlier reports (i.e., macroscopically normal lungs at autopsy, no evidence of asbestos-related disease, and no documented history of asbestos exposure) [Roggli et al.. 1986, 1992a,b]. Five of the cases represented in this study were malignant pieural mesothelio mas. The remaining two cases had diagnoses of asbestosis; one of these also had adenocarcinoma of the lung. The diagnosis of malignant mesothelioma was con firmed by one of the authors (V.L.R.) using our previously published criteria. These criteria include gross distribution of the tumor, histologic appearance, and, when T rem olitc A sbestos-R elated Disease SI) TABLE I. Demographic, Pathologic, and Occupational Information for Seven Patients W ith Asbcsios-ReJsted Diseases* Age/ Case4 sex Diagnosis Occupation Exposure duration Smoking hiswry I 74/M Asbestosis Manufactured asbestos blankets/gaskecs 7yr Sm(PokYerunknown) 2 44/M Axabdeesntooscisa/rLcuinnogma Lived near vemucjlite plant during childhood 20 yr Ex(-qsmuitok2e0r.ye(1a-r2s)P\ 3 56/M BPL Painter/spackler 38 yr Smoker (70 PY) 4 62/M EPL Enpgliannete; rinast uplaotwoerr N/A Smoker (6 PY) S 44/F EPl- Assembler at dry cleaner N/A N/A 6 57/F EPL Housewife of shipyard worker 1-2 yr Smoker (40 PY) 7 58/F DPL Teacher's aide in 18 yr Non*moleer building with rremolite in tiles "BPL = bidhasic pleural mesothciicma; DPL desmopiasne pleura! mesotbc'ioma. EPL = epithelial pit uraDlamtaefsoordtihcelio1m9ac:oPnYtropl caacske-syearaerss:uNm/mAarizneodt ainvathilaebtelex.t of this report and are detailed ir. earlier as .et unpublished observations. indicated, the findings cf histochemical, immunohistocheniicaJ, and/or uitrastructural studies [Roggii et aJ., 1992b]. In all cases, the diagnosis of mesothelioma was made independently of asbestos exposure history or tissue mineral fiber content. The ciagnosis of asbestosis was confirmed by one of the authors (V.L.R.) using the histo logic criteria set forth by the Pneumoconiosis Committee of the College of Amer.cnn Pathologists ana the National Institute for Occupational Safety and Health, which defines the minimum criteria permitting the diagnosis of asbestosis as " demonstration of discrete foci of fibrosis in the wall of respiratory bronchioles associated wi accumulations of asbestos bodies" (Craighead et ah, 1982]. Tissue Digestion Technique and AB (by LM) Analysis Formalin-fixed lung parenchyma was prepared for analysis by digestion in a 5.25% sodium hypochlorite solution (commercial bleach), as detailed in previous reports [Roggii. 1992b; Roggii et ah. 19861. Asbestos body (AB) counts for two mesothelioma cases (cases 6 and 7; see Table I) were quantified using the technique of Smith and Naylor for approximately 5 g samples of lung tissue [Roggii, 1992b; Smith and Naylor, 1972). For three cases (cases 1,2, and 5; see Table I). limited lung tissue (< 1.0 g) was available. For these cases, our laboratory developed a hypochl)rite digestion procedure [modified from Williams et ah, 1982] which is suitable for smaller sample sizes (0.1-0.4 g wet weight). Our laboratory has shown that,-for small sample sizes, AB counts obtained by this technique are, on average, within 10% of values determined by the Smith and Naylor procedure [Roggii et ah, 1986|. Digested iur.g tissue was collected on 0.4 p.m pore size polycarbonate filteri. One filter was mounted on a glass slide, and the entire filter was examined by ligut microscopy (LM, at a magnification of x 200) for AB. Ferroprotein-coated fibe* with broad yellow or black cores were considered to be nonasbestos ferruginous bodies (pseudoasbestos bodies) and were not counted in these analyses [Roggii, I i i An* occvp. Hit .V oi 46, Supvlawm l.p p 13:-135.2003 C 2002 Brilith Occtfalioral Ky|ienc S c o rn Pabihhei! by Oxford Univcnity Pro* DO!: 10 1093/uehyt`m e ;! Mesothelioma among Workers in Asbestiform Fiber bearing Talc Mines in New York State M IN D Y J . H U L L 1, J E R R O L D L . A B R A H A M 1* a n d B R U C E W . C A S E 2 1S ta te U n iv e r s ity o f N e w Y ork, U p s ta te M e d ic a l U n iv e r sity , P a th o lo g y , S y r a c u s e , N Y 1 3 2 1 0 , U S A ; 2S c h o o l o f E n v ir o n m e n t, M c G ill U n iv e r sity , M o n tre a l, C a n a d a Asbestos-related disease among talc miners and millers in a group of mines in two counties of nwoasrthideernntNifieewd aYsoarmk oSntagtethheas10bienenthneoUteSdAanwditdhisthpeutheidghseinsctemtheeso1th93e0lios.mOanemoofrtthaelittywuopctooun19ti8e1s for both men and women. Eight talc miners had been identified in previous studies as having mesothelioma. In the current study we: (i) report five new cases of mesothelioma among talc awnoarlkyseerss;fo(iri)spelreecsteedntctahsetsreasnudltscoonftaronlds;daenmd o(iniis)truaptedathteemseimsoiltahreitliyombeatwmeoerntalulintyginfibtheisr bduisrdtreicnt ucasitnegthdaetmNoegwraYpohrick atanldcceaxupsoesourfediesaathsscoacniacteedr inwfoithrmmaetisoonthfreoliomm1a9,5a0ndtod1e9s9e7rv.eOsufur rrtehseurltspuinbdlici health attention. Keywords: mesothelioma; talc; pathology; epidemiology; mortality; scanning electron microscopy; asbestos BACKGROUND In 1878 talc mining introduced an economic boon to the rural agricultural counties of St Lawrence and Jefferson in northern New York State. The hub o f this industry was Gouvemcur, home of several talc mines, at least one o f which is still operational. We believe that occupational exposure to dust from the talc mines and m ills caused the mesothelioma excess in these counties. We support this by examining the sim ilarity between the lung fiber burden of talc miners with and without mesothelioma, and deter mining the presence or absence of retained fibers indicative o f commercial amphibole asbestos expos ure. There are at least eight histologically confirmed cases of mesothelioma among New York State talc miners and millers reported asof 1986, and increased pleural mesothelioma mortality in Jefferson County. Here we report five new mesothelioma cases and epidemiological data to determine if this trend continues. In the 1930s Mcrcwcthcr (1930) and others begin to describe asbestos exposure and its role in fibrotic lung disease. Pathology related to talc exposure also was being investigated, with a reported range of lung findings from nodular, silicosis-like to diffuse. *Auibor to whom correspondence should be addressed. Department o f Pathology, SUNY Upstate Medical University, 750 East Adams Street, Syracuse, NY 13210. USA. asbestos-like patterns (Porro et al., 1942). By 1943, Siegal and co-workers were studying New York State talc miners and millers (Siegal et al.. 1943). They described the mined talc 'of a fibrous variety...with it is found tremolite...a similar appearing mineral occur ring in a fibrous or asbestiform state which... changes over to talc'. Midget impingcr concentrations of particles ranged from 6 to 5000 m illion particles per cubic foot (mpef) in mining and from 20 to 215 mpef in milling. They found evidence of marked pulmon ary fibrosis on chest roentgenograms in 32, all of whom had a >10 yr exposure history, out of a total of 221 talc workers. This established a clearrelationship between lung fibrosis and duration of talc exposure. Fourteen of these workers also had pleural plaques, providing the first documentation of `talc plaques'. In 1967 Kleinfeld et al. documented 9/220 talc workers with lung cancer; this represented a >4-fold excess. In addition, the first pleural `fibrosarcoma' and peri toneal mesothelioma in talc miners were described in this cohort. Vianna et al. (1981) conducted an inci dence study o f all histologically confirmed mesos in New York State between 1973 and 1978. They found that Jefferson County had a mesothelioma rate twice that of the rest of the state. A total of six cases of mesothelioma (four male, two female) occurred in talc miners. Enterline and Henderson (1987) also concluded a mesothelioma excess in Jefferson County after looking at national mesothelioma incidence by county from 1968 to 1981. They observed four cases in 132 Mesothelioma in asbestiform fiber-bearing talc mines 133 Table 1. Diagnosis and immunohistochcmical results (where applicable) of three mesothelioma cases Case 1 Case 2 Case 3 Case 4 Case 5 Description o f pleural mesothelioma Bphasic, diffuse Sarcomatous Epithelial, with rare biphasic areas Diagnosis o f mesothelioma made by New York State Worker's Compensation Board. No tissue available Diagnosis o f mesothelioma made by death certificate. N o tissue available Immunohistochemistry Pan-cytokeratin (+++), calretinin (+++) Cytokeratin (+++), calretinin (-) CEA (-), alcian blue (+ cellular), mucicarminc (+ rare focal) (+++) strongly positive; (+) weakly positive; ( - ) negative. Table 2. Pertinent data from New York talc miners diagnosed with malignant mesothelioma Case I 2 3 4 5 Birth 1931 1937 1912 1923 1925 Death 1989 1990 1984 1981 1994 Smoking history* 10 0 0 Unknown Unknown Relevant occupation(s) in the talc industry* First year on job Mucker, driller, Hardingc operator 1952 Packed talc into trucks 1955 Mechanical engineer-- helped construct two talc mines Unknown Unspecified employment at a single talc company 1953 Roustabout, foreman, packhouse worker 1949 Job duration (yr) 22 4 2 22 25 'In pack-yr (no. o f packs per day x no. o f yr smoking). "Includes all known dusty jobs (talc or otherwise). females (0.6 expected), and seven cases in males (1.4 expected). This gave Jefferson County the second and sixth highest mortality rates from mesothelioma for females and males, respectively, in the USA. METHODS AND RESULTS Subjects The SUNY Upstate Medical University serves the catchment area of Jefferson and St Lawrence counties. From 1984 to 1987, 36 biopsy and/or autopsy samples were recovered from talc workers with lung disease. Hospitalization, employment and (when applicable) death information were collected. From the 36 miners, five mesothelioma cases were documented. For three o f these, the diagnosis of mesothelioma was histologically and immunohistochcmically confirmed using hematoxylin & cosin, alcian blue, mucicarminc, calretinin, carcinocmbryonic antigen (CEA) and cytokeratin staining (see Table 1). Case 1is described in detail as a represent ative clinical course of mesothelioma. Table 2 contains demographic data for the five mesothelioma cases. O bserved and expected pleural m esotheliom a m ortality in m ining counties Calculations of mortality were performed at the University of Pittsburgh using the same protocol as that described by Entcrlinc and Henderson (1987). Observed and expected values were updated to include the most recent years available (overall, from 1968 to 1997). Figure la.b presents the mesothelioma mortality for males and females, respectively. (a) 2.5 2.0 1.5 1.0 0.5 0.0 1965- 1970- 1975- 1980- 1985* 1990- 1995- 1965* 1970- 1975- 1980* 1985- 1990- 1995- Fig. 1. Yearly mesothelioma mortality rate per 100000 (a) males and (b) females. Lung-retained particulate andfib e r analysis Lung parenchyma from two mesothelioma cases and eight non-mesothelioma cases was available for analysis. The non-fibrous inorganic particulate lung 134 M. J. Hull, J. L. Abraham and B. W. Case burden was measured using morphometric in situ analysis o f tissue sections (Abraham and Burnett, 1983). For fiber analysis, lung tissue was digested with sodium hypochlorite and the residue collected on polycarbonate filters for analysis of asbestos bodies by light microscopy or fibers by scanning elec tron microscopy/cncrgy dispersive X-ray spectros copy (Abraham et al., 1991). The analytical results are displayed in Tabic 3. For fibers >1 )tm. length, width and chemistry were recorded. Log normalized lengths and widths of the fibers found in the meso thelioma cases and the non-mesothelioma cases were compared using Student's /-test (Analyze-It Soft ware, Ltd). Significance was defined as P < 0.05. Finding no difference between dimensions of each fiber type would support similar dust exposure between miners w ith and without mesothelioma. Case 1 illustrates a representative medical history. This was a 43-yr-old, 5'8W, 190 lb. white, hyper tensive male, w ith a 10 pack-yr smoking history who presented in 1974 with `hardness of breathing' for 4-5 yr. He reported nocturnal wheezing, per sistent anterior chest pressure, chronic cough (1 oz daily sputum), occasional hemoptysis, and difficulty walking -200 m. He had a 22 yr talc dust exposure history, working at times as a mucker, driller and HardingcTM operator at two New York talc mines. He had optional access to a respirator that proved too cumbersome to work with. Both his father (nowdeceased) and brother had been diagnosed with talc pneumoconiosis. His physical examination showed a symmetrical chest wall with an increased antero posterior dimension and diminished inspiratoryexpansion. Auscultation revealed harsh inspiratory and expiratory bilateral diffuse rhonchi and fine scat tered expiratory wheezing. A chest X-ray showed bilateral prominence o f mcdiastinal/cardiac shadows and increased reticular pulmonary markings, particu larly over the lower lung zones. He had markedly restricted ventilatory function on spirometry, with FVC = 3.3 1 (75% predicted), FEV, = 2.5 1 (74% predicted) and = 601/min (39% predicted). Like his brother and father, he was diagnosed with talc pneumoconiosis. His disease progressed, and in <2 yr he was placed on permanent total disability. He died at age 58, 15 yr after presentation. The post-mortem revealed a biphasic diffuse pleural mesothelioma encasing the left lung, which had not been suspected during life. It is noteworthy that `congestive heart failure* was the only listed cause o f death--there was no mention of mesothelioma on the death certificate. DISCUSSION AND CONCLUSIONS We have found a continued trend of increased mesothelioma mortality at 5-10 times the back ground rate in Jefferson County from 1982 to 1997, with five new male cases (two expected) and three new female cases (0.5 expected). We also show that increasing talc exposure duration is associated with an increase in lung burden o f both fibrous and nonfibrous talc. Asbestos bodies were also seen in elevated concentration in most men with >10 yr exposure who had not been diagnosed with meso thelioma. The concentrations of each fiber type from mesothelioma and non-mesothelioma cases were similar, except for a high tremolite concentration in case 2. There was no significant difference found between non-mesothelioma and mesothelioma miners with regard to length and width of the tremolite and talc fibers (Tables 4 and 5). supporting our hypo thesis that they were exposed to dust with similar Table 3. Lung-retained particulate analyses o f mesothelioma and non-mesothelioma cases A ge at death Years o f talc mining Diagnosis* Asbestos bodies'1 Asbestos fibers* Anthophyllite Trcmolite/actinol itc Chrysotile Talc (fibrous)* Talc (non-fibrous)a Silica4 Mesotheliomas 1 2 58 52 22 4 ATM ATM 350 93 5 n/d 2 1110 5 21 46 96 37 146 7 n/d Non-mesotheliomas A B C 49 58 60 21 21 18 ATSC ATS ATP 200 10 980 12 85 64 1 105 7 7 188 10 24 716 4 7 511 60 n/a 15 10 n/a D 63 30 ATSP 890 E 66 23 ATPC 417 4 14 17 31 21 9 157 195 139 n/a 68 n/a F G H 71 71 76 25 2 10 ATP N1 Pn 4850 1 10 n/d 0.04 0.4 43 0.07 0.9 19 0.18 2.6 233 0.1 3.1 51 1 1 n/d 1 1 n/a. not available; n/d. not detected. *N1, normal; Pn. pneumonia; A, asbestosis; T, talcosis; S. silicosis; P. pleural plaques; M, mesothelioma; C, lung cancer. bThousands o f bodies/gram dry lung. * Millions o f fibcrs/gram dry lung. 4 Millions o f non-fibrous particlcs/ml lung. Mesothelioma in asbestiform fiber-bearing talc mines 135 Table 4. Dimensional analysis for lung fibers in two New York State talc miners with immunohistochcmically diagnosed malignant mesothelioma Fiber type Actinolite Anthophyllite Chrysotilc Tremolile Talc n* Width (jim) X* Min Max 1 0.20 - - 6 0.15 0.06 0.30 5 0.05 0.03 0.06 38 0.22 0.10 0.40 54 0.20 0.05 1.00 Length (pm) X Min 4.6 - 10.6 3.9 4.1 1.9 4.5 1.7 5.3 1.4 Max 30.2 6.1 10.6 53.0 ARb 23 90 93 26 43 Number o f fibers measured. bMcan aspect ratio = length x width-1. 'Geometric mean. Table 5. Dimensional analysis for lung fibers in eight New York State talc miners with pulmonary disease other than mesothelioma Fiber type Actinolite Anthophyllite Chrysotilc Tremolite Talc n* Width (pm) X Min Max 7 0.18 0.12 0.25 85 0.24 0.05 1.60 33 0.08 0.04 0.40 51 0.34 0.04 1.00 284 0.33 0.06 2.80 Length (pm) AR* X Min Max 3.4 2.5 5.4 20 7.7 1.6 146.0 56 7.4 2.1 36.1 133 5.3 IS 17.0 24 6.4 1.3 219.0 30 Number o f fibers measured. bMean aspect ratio = length x width-1. `Geometric mean. fiber dimensions. Finally, in all o f the 10 cases analyzed, only a single commercial amphibolc Fiber was found. New York talc miners arc exposed to a mixture of platy talc, silica and fibrous minerals, resulting in a disease process much more complex than pure talcosis. The asbestiform fibers in the New York talc miners' lungs are a mixture o f talc, tremolitc and related mineral series. Our results indicate that mesos continue to occur at high rates in counties where New York talc mining occurs. Furthermore, New York talc miners without evidence o f commercial amphi bolc asbestos exposure develop mesos. Talc miners with mesos have lung fiber burdens similar to those without, indicating comparable exposures. Increased public health attention to the risks of exposure to New York talc is indicated. Acknowledgements--M J.H . was a Post Sophomore Fellow in Pathology during pan o f this work. Supported by Department o f Pathology. SU N Y Upstate Medical University. REFERENCES Abraham JL. Burnett BR. (1983) Quantitative analysis of inorganic particulate burden in situ in tissue sections. Scanning Electron Microsc (Part 2); 681-96. Abraham JL, Burnet: BR. Hunt A . (1991) Development and use o f a pneumoconiosis database o f pulmonary inorganic particulate burden in over 400 lungs. Scanning Microsc; 5: 95-104. Enterline P. Henderson B. (1987) Geographic patterns for pleural mesothelioma deaths in the United States. 1968-81. J Natl Cancer Inst; 7 9 :3 1 -7 . Kleinfeld M. Messite J, Kooyman O. Zaki MH. (1967) Mortal ity among talc miners and millers in New York Stare. Arch Environ Health; 14: 666-7. Mercwethcr ERA. (1930) Occurrence o f pulmonary fibrosis and other pulmonary affections in asbestos workers. J Ind Hyg: 12: 198. Pono FW, Patton JR, Hobbs AA. (1942) Pneumoconiosis in die talc industry. Am J Roentgen: 42: 507-24. Siegal W , Smith AR. Grecnburg L. (1943) The dust hazard in tremolite talc mining, including roentgenological findings in talc workers. Am J Roentgen: 49: 11-29. Vianna NJ, Maslowsky J. Robert S, Spellman G. Patton B. (1981) Malignant mesothelioma: epidemiologic patterns in New York State. N Y State J Med; 81: 735-8. Expense Calculation Worksheet In Re Asbestos Litigation Exhibit Number 11 Attorney & Legal Fees Jeffrey Simon -16 Hours @ $300/hr Benjamin Braly -16 Hours @ $125/hr Total $4,800.00 $2,000.00_____________________________________________________ $6,800.00 Travel Expenses Airfare Waters & Kraus will supplement this worksheet once travel costs are known Hotel /Lodging Meals Misc. Expenses__________________________________________________________________________________ Total Total Expense $6,800.00 STATE OF COUNTY OF AFFIDAVIT OF JEFFREY SIMON BEFORE ME, the undersigned authority, on this day personally J E F F R E Y SIMON, known to me or through his drivers' license and who, upon his oath, deposes and states as follows: "My name is J E F F R E Y SIMON. I am over the age of 18 years and fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. In my role as hearings conducted a in partner of Waters the Houston MDL, & Kraus LLP, I cause number spent at least 2004-03964, csaixsteeesntyhleodurIns RpreepAasrbinegstfoosr Litigation. The Law Firm of Waters & Kraus LLP bills my time at $300 per hour." STATE OF COUNTY OF AFFIDAVIT OF BENJAMIN BRALY B E F O R E M E, the undersigned authority, on this day personally BEN JAM IN BRALY, known to me or through his drivers' license and who, upon his oath, deposes and states as follows: "My name is BEN JAM IN BRALY. I am over the age of 18 years and fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. In my role as hearings conducted a Law in the Clerk of Waters & Kraus LLP, Houston MDL, cause number I2s0p0e4n-t0a3t9l6e4a,stc asisxetesetnylhedouIrns RpereApasrbiengstfoosr Litigation. The Law Firm of Waters & Kraus LLP bills my time at $125 per hour." 'It didn't matter what they called i t ... it's killing us' Page 1 o f 11 shutterfiy shore h e love lim p to IWclassifieds | N W so urce | S u b s c rib e | C o n ta c t U s | KttlC: W eather | T raffic | M ariners | S eah aw ks | Sonics | Forurr NEW S Local N eighborhoods Sports N ation/W orld B u s in e s s A&E W h at's Happening L ife s ty le NW Outdoors Photos Special Reports COMMENTARY O pinion C olum nists Letters D avid H orsey Saturday Spin Forum s COFFEE BREAK C om ics & G am es Horoscope TV Listin g s FIND IT! N W classifieds Jobs Autos Real Estate R entals NW source Shopping Personals Yellow pages M aps/dircctions Newspaper ads P-I A rchives Photo R eprints O bituaries P-I ANYW HERE E-m ail N ew sletters N ew s A le rts PDA C ell Phones D igital Editions 'It didn't matter what they called it ... it's killing us' Generations of miners were fiber's victims Thursday, June 22, 2000 By ANDREW SCHNEIDER E l SEATTLE POST-INTELLIGENCER SENIO R NATIONAL C O R R ESPO N D EN T 2000 Seattle Post-Intelligencer GOUVERNEUR, N.Y. -- The tombstones o f Talcville and Balmat and Hailesboro tell the Story. Beneath them lie generations o f talc miners, and the numbers carved in the marble and granite stones show that generations here run short. Many o f the men who took their living from this soft white rock died young in their late 40s and 50s. Mining has always been a perilous profession, but few of these men died from caved-in shafts or runaway ore cars or any of the multitude of accidents that torment humans extracting minerals from the earth. Far more of them died the excruciating death of suffocation -- from lungs made uselessly rigid by scarring from deeply embedded mineral fibers, lungs with cancerous tumors, lungs filled with muddy-yellow fluid the consistency o f honey. Lungs that could no longer absorb lifegiving air. in t h is s Asbestos coi exposing mil By any nam< still a killer Th V( home Asbestos pr< pledged for UWe rjsk fci gardeners, E Don't touch insulation, s: Health warm asbestos EPA: Asbest only a hazar vermiculite r The Vandei Generations fiber's victirt Pushing for ; study cost d How Vanderi discredit U.S A small grou is trying to c course of as disease Asbestos -- i that won't di http://seattlcpi.nwsource.com/uncivilaction/vand22.shtml 'It didn't matter what they called i t ... it's killing us' Page 2 o f 11 r s s Feeds OUR A FFILIATES source ^dnnuB komo The fibers that did this are the same fibers the government found this month in crayons. That's because most of the nation's top crayon makers put talc from The R.T. Vanderbilt Co. mines here in their products. The Post-Intelligencer reported last month that tests commissioned by the newspaper had found asbestos in three major brands o f crayons. Two weeks ago, after the Consumer Product Safety Commission conducted its own tests, the agency urged crayon makers to eliminate talc from their products. The three major manufacturers agreed to do so within a year. Asbestos bei tests show Fear of losm prompted in to fight regu Safety grouf ignore asbes Nationwide < asbestos to Vanderbilt insists that the fibers in its talc are not asbestos. The Occupational Safety and Health Administration agrees, despite the fact that doctors say the fibers have the same chemical composition and shape as asbestos. Spending even a short time in St. Lawrence County makes it clear that whatever the fibers are called, they are dangerous to miners. If you think asbestos ln l alone Mine wants i trust Class-action Grace Co., ir Many o f the houses tell the same story as the gravestones: Kitchen tables bear baskets full of pills - unless the grandkids are visiting, and the pills are shoved out of reach. Asbestos-lac being sold ir Asbestos foi common gar Cylinders o f oxygen and coils of tubing can often be found beside the bed, or next to the best armchair in the living room. One victim's couldn't get scared me tc These men have the same disease that has been killing the miners and millers o f talc for years. Doctors say the cause is asbestos. Vanderbilt says it's anything but. "There have been many claims o f finding asbestos in our mines, but when we've been able to analyze those claims, we've not been able to confirm it," said John Kelse, manager o f Vanderbilt's Corporate Risk Management Department. Horseman ir life Asbestos bill questions Back to intre Other covertissues "There is no asbestiform - anthophyllite or tremolite. There are transitional fibers which can be described as asbestiform, and we wouldn't argue with that. Are those things considered asbestos? No. And more importantly, do they pose the same type o f risk as asbestos? The data that we have says they do not." Kelse, who sounded weary from decades o f explaining Vanderbilt's position, said yesterday he has "stacks of boxes filled with studies and reports showing the talc contains no asbestos." Despite repeated requests, this material was not made available to the Post-Intelligencer. The Syracuse law firm o f Setright & Longslreet spent years gathering depositions and other evidence on behalf o f 139 talc-country miners or the heirs o f miners who died from asbestos-related diseases. http://seattlepi.nwsource.com/uncivilaction/vand22.shtml 8/4/2005 'It didn't matter what they called i t ... it's killing us' Page 3 o f 11 A jury will never get to weigh the evidence or hear the miners' stories. Last year, the New York Supreme Court ruled that the mining companies cannot be sued because state law requires claims to be handled through workers' compensation. The P-I found hundreds o f such claims, in which talc workers were found to have work-related respiratory disabilities. A foot-high stack of the documents - autopsy reports, medical records, pathology studies and death certificates - show that miners, millers and mine supervisors have died or are dying from disease caused by fibers -mostly asbestos -- in their lungs. The depositions, medical records and company documents show repeated examples o f company doctors telling workers for years that they were healthy, when X-rays locked away in company files showed lungs filled with asbestos or tumors. If the miners had known this medical infonnation, they could have halted the deadly exposures, doctors say. "We probably didn't believe that the X-rays showed asbestosis," Kelse said when asked why the company withheld the information. "You can't do mineral analysis on an X-ray." Other statements showed Vanderbilt's continuing assurances to its workers that there was no asbestos in the talc. But interspersed are company letters and reports touting the value and variety o f the asbestoscontaining products it sold. Surviving is not easy While the court depositions graphically document the medical plight of the miners, the true magnitude of the pain inflicted on these families is far more apparent sitting across a kitchen table. If Norman Rockwell was still searching for images that capture the spirit o f the nation, Herb and Margaret Conklin would be great models. An .American flag hangs from a pole in a driveway covered with white tailings from the mine. Behind the pristine, carefully kept house are two large, dilapidated barns. Conklin is one who did not die young. But his later years have been filled with suffering. "I worked in the mines for 30 years to the day," says Conklin, who is 77. He ran a rock crusher, drove ore cars, fixed heavy machinery. http://seattlepi.nwsource.com/uncivilaction/vand22.shtml 8/4/2005 'It didn't matter what they called i t ... it's killing us' Page 4 o f 11 he had talcosis, sn incurable condition. Conklin and his wife. Margaret. 72. had noticed the problem in 1987. Conklin worked at the Gouvemeur Talc Co., a subsidiary of R.T. Vanderbilt Co. in Balmat. N.Y.. for 30 years. A bowl of medicine is a constant RreemnienedeCr.oBf yheisr/iPll-nless. "I did about everything that could be done at the mines and all o f it in dust so heavy you sometimes couldn't see 10 feet," he recalls. "They claimed the dust was safe, non-asbestiform. Vanderbilt called it non-fibrous, nothing that would harm us. They posted signs on the bulletin board saying the government doctors, the guys from NIOSH, were wrong, that it wasn't dangerous," he says. He recalls a late afternoon in one o f the buildings away from the dustiest areas o f the mine and mill. "The sun had dropped low enough to shine though one o f the dirty windows," he says, "and the sunbeam cutting across the room was thick with fine particles o f dust. "It scared me because I knew there was asbestos in that dust. The company knew it and they tried to hush it up every time the government mine inspectors came up." He and other miners interviewed were critical of mine inspectors for being too cozy with Vanderbilt. "They always called two or three days before they came out to tell the company they were on the way and for the next two or three days we shoveled, swept and wet down all the dust we could find," Conklin said, fingering a brown pill bottle. It was 1978 when he realized just how much he had been harmed. "I was climbing up a ladder to work on the roof o f the bam and all o f a sudden, I couldn't breathe. I just held on knowing that the asbestos had gotten me," he says, patting the hand o f his wife o f 53 years. The Conklins' lives and future changed. The 35 cows that he and Margaret had milked twice a day, and were to provide enough to live on when he retired, were soon sold. He lowers his head, raises his thick glasses and rubs his eyes. Margaret clutches his ami a little tighter. Conklin says he's not going to let anger bum him out, but the anger is always there. "It was wrong. If Vanderbilt didn't care enough about its workers, why didn't the government step in? Everything got tied up over what the company called the fibers. It didn't matter what they called it, it was dangerous. http://seattlepi.nwsource.com/uncivilaction/vand22.shtml 8/4/2005 'It didn't matter what they called i t ... it's killing us' Page 5 o f 11 "It is killing us." Fingers tell the tale About a mile away, on the main street o f Edwards, down from the one store and tiny cafe, two other Vanderbilt veterans sit in an immaculate living room and compare notes on life in the mine. Charlie Minckler spent almost half o f his 65 years working for Vanderbilt. Bill Fuller, who is 68, did more than 26 years at the same company and at St. Joe's, a zinc mine across the road. Charlie Minckler, 65. of Edwards, N.Y., worked at the Gouvemeur Talc Co., a subsidiary of R.T. Vanderbilt Co. in Balmat, N.Y., until 1989, when he underwent a quadruple heart bypass. Minckler, who worked in the mine pit. knew he had a lung disease by the cRuernveineg of C. Bhiysefri/nPg-eI rnails. As a yellow canary looked on from its cage, they tried to recall the young men they started at the mines with decades earlier. After a litany o f "He's dead," "He's gone," and "Nope, he passed also," the men became quiet. "I guess I'm lucky," Minckler says in a soft but raspy voice. "O f the 52 guys I began with at the mine, all but three are dead and most o f them died young, in their 40s and 50s. "Cancer took a bunch o f them. The rest just couldn't breathe." They talk about other acquaintances who must use tanks o f oxygen to make it through the day. "Once they get on that oxygen, they won't be around much longer," Minckler says, shaking his head sadly. As the two old friends used their precious breath to tell stories, they compared notes on the private anguish o f being unable to suck in a chest full o f air. "I used to be able to mow my lawn in 20 minutes," Minckler said. "Now, if I'm lucky and it's not too hot, it can take four hours." Fuller doesn't even try to do anything strenuous. "I can't walk to the window without stopping," he says, "and that's no way for a man to live." Like Conklin, they target their anger at both Vanderbilt and the government. "We know why Vanderbilt lied about the danger. It would be bad for business and no one http://seattlepi.nwsource.com/uncivilaction/vand22.shtml 8/4/2005 'It didn't matter what they called i t ... it's killing us' Page 6 o f 11 would work for them," says Fuller. "But what about the government? Why don't they care? This asbestos, or whatever Vanderbilt wants to call it, is not a secret. The graveyards are filled with proof that those fibers are dangerous." What sparks their fury more than anything, they say, is that company doctors hid the illness from them. Bill Fuller, 68, who worked in the talc pit of the Gouverneur Talc Co., inhales from a portable medical device that forces oxygen to his lungs, helping him to breathe. He uses the appliance every six hours. Fuller has an incurable lung disease, and says he "can't walk to the wReinndeoewCw. iBthyoeurt/Ps-tIopping." treatment. "It wasn't as if they didn't know," Minckler said. "Hell, just look at our fingers. They're clubbed. Everybody's are like that. It's a sign the lungs aren't working." Clubbing, a bulbous distortion o f the fingertips and nails, is caused by a prolonged state o f inadequate oxygenation. Asbestos specialists say it's rare today and usually only found when there has been poor medical treatment or no "They knew we were sick. We took company physicals every year," Minckler says. "They knew whose lungs were shot, but they wouldn't tell us and they wouldn't send us to a specialist." Local doctors miss signs Most o f the asbestos disease cases were not reported to workers by company doctors or diagnosed by other physicians in the county. When deteriorating health and increasing difficulty breathing forced the miners and millers to seek other opinions, usually at their own expense at medical centers far outside St. Lawrence County, physicians often quickly diagnosed asbestosis, lung cancer and other significant respiratory impairment. One local doctor did find the disease, and suffered for his efforts. Dr. George Wineburgh, a radiologist, stood up for the sick miners. He showed that scores of patients diagnosed as suffering from emphysema actually had asbestosis. Even though the state health department confirmed his findings, by the end o f his first year on the job, Wineburgh found himself fired as the radiologist at a community hospital in the heart o f talc country. (See accompanying story.) 'Asbestos by any standard' http://seattlepi.nwsource.com/uncivilaction/vand22.shtml 8/4/2005 'It didn't matter what they called i t ... it's killing us' Page 7 o f 11 Dr. Jerrold Abraham is director of environmental and occupational pathology at Upstate Medical University in Syracuse and has fought the battle over asbestos in talc for years. His cluttered office in the crowded, red-brick pathology department is probably one of the world's largest storehouses of knowledge on the health effects o f the fine white powder. The two rooms house an eclectic accumulation o f voluminous file Dr. Jerrold Abraham, a pathologist at Upstate Medical University in Syracuse. N.Y.. has fought tRheenbeaettCle. oBvyeerr/aPs-bIestos in talc for years. folders, overfilled cabinets, floor-toceiling shelves brimming with medical charts, death certificates, studies on talc going back to the 1920s, and hundreds o f slides with the slivers o f organs o f miners. "It doesn't bother me that Vanderbilt can get away with not calling the fibers what they are - asbestos," Abraham says. "What should bother everyone is that Vanderbilt and the government say they're not harmful." Vanderbilt's Kelse, who acknowledges that Abraham is "a good pathologist," says, "Vanderbilt has never said that overexposure to our talc or anyone else's talc is safe. It isn't. Talcosis is different from asbestosis. But there's not much difference in the X-rays." Abraham peers over the top o f his glasses at a dozen microphotographs spread atop a long table. "These are fibers from the mill at Vanderbilt mine," he says, holding a photo up. "This is from the lung o f a Vanderbilt miner," he says, reaching for another. "They're identical. Anyone can see that. My findings in reviewing the autopsy lung tissues of these miners show disease attributed to asbestos by any competent medical standard. You get OSHA and the mine inspectors to say why they don't believe it's asbestos." V anderbilt fights hard "Our position," Kelse said yesterday, "has always been just call the stuff what it is. Whatever the health effect that's demonstrated as a result o f overexposure to these fibers, you regulate it and control it to avoid those health problems." But regulation is precisely what Vanderbilt has been fighting for decades. http .7/seattlepi.nwsource.com/uncivilaction/vand22.shtml 8/4/2005 'It didn't matter what they called i t ... it's killing us' Page 8 o f 11 In a 1983 letter to the Department o f Labor, lawyers for Vanderbilt challenged OSHA's acceptance o f NIOSH's determination that asbestos in their mine was tremolite and was harming the health o f the miners. OSHA's decision "portends disastrous economic consequences," the letter said. "If such talcs are going to be considered as asbestos both the paint and ceramic tile industries will eliminate the use o f talc" and Vanderbilt will be forced out o f business, the letter predicted. A note to Vanderbilt employees May 27, 1988, said: "We are certain that the aspect o f labeling our product as asbestos as required by the OSHA regulations would lead to a rapid loss o f our business. The public panic over asbestos is such that our operation could not survive the stigma attached to such a label." About the same time, then-company president Hugh Vanderbilt came to the mine to rally the miners. A portion o f his speech is vividly etched in the minds o f the miners who heard it. Bill Fuller was there. "I've never seen a nicer dressed, more well-spoken man in my life," he recalls. The mine captain gathered all o f the day-shift miners and millers in the carpenter shop. Vanderbilt, attired in a dark suit and tie, stood before the talc-smeared miners and told them not to worry about the debate over defining the fibers in the talc as asbestos because everything was under control. The miners' depositions differed on how much money Vanderbilt said he had spent --hundreds o f thousands or millions -- but all agreed that Vanderbilt then told his workers, it would be OK, that if all else failed, he had a senator in his back pocket, and he made a show o f patting his wallet. He said none o f them had to worry about their jobs. Documents touted asbestos Neither Abraham's works, Wineburgh's X-rays nor the repeated studies by NIOSH investigators has diminished Vanderbilt's insistence that there is no asbestos in its talc. But going back years, Vanderbilt's own documents tell a different story. In a Jan. 2, 1975, letter from Vanderbilt to the Georgia Pacific Corp. in Portland, the sales office wrote that "in assuming the business o f the International Talc Company, we will continue to market five fibrous http://seatllepi.nwsource.com/uncivilaction/vand22.shtml 8/4/2005 'It didn't matter what they called i t ... it's killing us' Page 9 o f 11 asbestiform talcs," and then went on the list them. The letter concluded by saying Vanderbilt would "label bags containing these products with an asbestos caution label as follows: CAUTION -- PRODUCT CONTAINS ASBESTOS FIBERS. AVOID CREATING DUST. BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM." "At that time there was no one here at Vanderbilt that had good mineralogical expertise or a full understanding o f what OSHA's regulations were all about," Kelse says. "The people here didn't understand that there are two varieties o f tremolite and they assumed that meant that the company would have to label some o f its talc products as asbestos-containing. "Then they hired a mineralogist who said, 'What are you doing?' So the company stopped" the labeling. International Talc, which mined from the same area that Vanderbilt mines, sold at least seven different products called Asbestine. Court documents show they contained as much as 50 percent asbestos. Court documents show that prior to the advent o f OSHA in 1972 and the agency's concerns about asbestos as a risk to workers, Vanderbilt capitalized on the fact that its talc products contained asbestos. T alc's long history Talc has been mined and milled in St. Lawrence County since 1878, w'hen Henry Palmer opened America's first talc mine, on a farm near Talcville. By the end o f World War II, the county wfas honeycombed with deep shafts and pits, some mom-and-pop operations, others producing thousands o f tons o f minerals. The miners dug not only talc, but zinc, lead and other minerals. The one common fiber throughout the mines wfas asbestos. Yet Vanderbilt continues to say it isn't so. In 1942, the Saranac Laboratory documented that anthophyllite, tremolite and four other fibers w'ere plentiful in the mines. A book published by Vanderbilt in 1966 to celebrate its 50th anniversary described the importance of the talc and asbestos mixtures that it sold. The deposition o f Frederick Kuehl, a mining engineer who worked for International Talc for 27 years and ended up a general manager, talked o f the mine that Vanderbilt bought having various types of asbestos that were mined depending on w'hat the customer needed. The tremolite portion wrent mostly into wall tiles and paints, he said. If http.V/seattlepi.nwsource.com/unci vilaction/vand22.shtml 8/4/2005 'It didn't matter what they called i t ... it's killing us' Page 10 o f 11 you wanted a fibrous ore you mined the veins that contained more anthophyllite, Kuehl said. In 1993, Arthur Rohl, a mineralogist with Mount Sinai School o f Medicine and consultant to OSHA, testified that all the talc mines o f St. Lawrence County contain asbestiform material. His studies o f the Gouvemeur Talc Mines found that the ore contained 60 percent tremolite, anthophyllite and a small amount of chrysotile. Effects continue today The effect that Vanderbilt, the asbestos industry, the American Mining Congress and the National Stone Association had in the 70s and '80s on OSHA's definition o f asbestos continues to have ramifications today, well beyond the sickened talc miners. The Consumer Product Safety Commission announced last week that it had found trace amounts o f anthophyllite asbestos in crayons. But the two labs who did the government's analysis also found much larger quantities of what OSHA's laboratory in Salt Lake City called "transitional fibers." Scores o f labs across the country, testing crayons for local and stale agencies, found the same fibers and called them asbestos, as defined by the Environmental Protection Agency. Unless or until OSHA decides to revisit the asbestos debate, the agency must follow the decisions the industry- pressured it to make in 1980s. Since OSHA's laboratory does the analysis for the Mine Safety and Health Administration, this may be skewing the results o f sampling done by mine inspectors. With rare exceptions, OSHA's analysis o f MSHA's testing reported no asbestos detected in samples from talc mines in New York, taconite mines in Northern Michigan and Minnesota and vermiculite mines in Virginia and South Carolina. Davitt McAteer, MSHA's director, said in a January' interview that he and his technical staff are mystified at the apparent contradictions between no asbestos being found and reports from unions, physicians and miners themselves o f significant asbestos-related diseases among the work forces at these mines. Meanwhile, conditions have improved somewhat at Vanderbilt. Better ventilation has been installed, and some workers have newer protective gear, although the dust is still a major concern. As the miners in New York's talc country' continue to do what their fathers and grandfathers did for more than a century', they still must wonder if their stories will end differently. http://seattlepi.nwsource.com/uncivilaction/vand22.shtml 8/4/2005 'It didn't matter what they called i t ... it's killing us' Page 11 o f 11 P-J senior national correspondent Andrew Schneider can be reached at 206-448-82IS or andrewschneider@seattle-pi.com P-I reporter Carol Smith contributed to this report. Hom o Site Map About the P-I | C ontact Us P-I Jobs Hom e D elivery Seattle t)ost-3ntdiigencer 101 Elliott Ave. W. Seattle, WA 98119 (206)448-8000 Home Delivery: (206) 464-2121 or (800) 542-0820 Send comments to newmedia@seattlepi.com 1996-2005 Seattle Post-Intelligencer Terms of Service/Privacy Policy http://seattlepi.nwsource.com/uncivilaction/vand22.shtml 8/4/2005