Document x5JnQbjbYbe2NwKqD55n535p6

cox rasx MT-PWHD-008673 MT-PWHD-008674 Blscuaolaa af Prailninanr Xnvootljailoc* in tt. a:1/ date :*.:** af l:t<aU>U. 71 Jaoaa a. Shoo.wn, IrXuitrial r.Ut iUulai 1* Um Mat jlvar. U * acrioo af Lr.rtio ac.-ptaod >r UVl It BWUW and Iron. Jt naa k.un na4 for ;t l<ut 3000 ^in and aaa ftrot ind t/ tho In the Italian Ufa; bmgr, Ik la tnlp dint* --a if 5!th it-.'.-v* >* aahnata* -a, foyrd uldaatraad in- i--- -- --=. tr. l?Jl. total nrli araductiaa of aakaatoa aaa 1.J allllan iona. Tha atm aantiara* aliiaato* ara a ka auuit(laaaa naa fro* alllca, tha lattar, at attiak, la Ua eausati.o ipai at ailiaaala. Ik* tint aaa* at aakaatoata la arlUia aaa la 1*00. Aakaataala to eestinuad to M an anport-iat inJuoiriil laill.". srvr .* 7-arn. aW fcu;h lta akaeluta froquarxp at accurranc* la ralxtlvalp tsaU abac ata- pru to etr.ar indwairial diacaaca. rcr aiv-.pla, la ccc.;-tlcral dU*u* ri;..".! irca 12 iu`.ia of it# Vnlicd stxv.-j, onlyewn of ubcatoat* aar* reported la a total nunear at eat** of kn^ucmI dim., aiallarly drinker ana atkor* report snip 3 ***** *f aakaataala la Ut! a^layaa* araainad In Um pit* acvarliy accusation at aaatara ahlpgrtrdt, bath prlaata and aaasl. aeaaaar, alnea aakaataala 1* ana at tha aar* at*:a Inaaatrlal dlaaaaaa, aentinoad iAtor.it la ahuai tp incuatrial phpalciiaa, lnao*trial tgreiaoiat* ana athnr* acrfelne > Um fiald at acavpto Uanal kaaltk. la la all typo* af industrial dloaaao, aarly datoallaa la aa Important part at atntral and tha aaa at u* aoat aaltlaa aathada at dotaction la too Iraki* in ardor ta lacata tbtaa data Individual auaaaptk- hilltp aar ka creator um aoraal. la *1 at Ua fact teat IndlrUual auacoptihllltp daaa vary vlaalp, ana tea fact that n-rap aianlnatlaad at taa aboat cap aka* dkaaisalltiaa aalp at a lata atac* la tha aaaapaUaaal ala**** aakaataala* Um aaad far a satnad at aatir dataatlaa kaaaaia apparaat. rrafaaaar narlap Hatlap at tha CatwAtp at lautkara Callftoala feaa aad* InvaaUtttlana aad papertad aaaaaaa la daUaUae aarlp lac Ikwtua akuyaa la Inda*trial apiidi kp ataaa af aortal* raaplratoty aHMNMtU. ftafaaaar -atolp kaa aaf'aM that tiaad vital aapaaltp aaaauraaanta at aaalapaaa la Ua dwtp tradaa aaald k* af craat aalaa In - laaatlrd thaaa ipltjaai af rada*ad aapaaltp aad (raat baaaflta katk ta aaplap#* and atpliy aauld raaalt. The lira* attend tlrad vital aavntltp awarout taa kaaa parfaraad aa all aaplapaaa In Ua daat? trace* at Ixr.j kaaak Saval lUpfirli inoledln aakaatoa Marker** la orUer to detect atrip 1-mf fixation akarpaa. Thaa* detenloatlea* raqulrad aspraalnatolp I ulnutoa af Uss trplapa#1* Ua*. Sm fiedirz* af trjaae ea-ulMtlaa* kava kaaa ractri-.d m tui kaaltk racocd af tfea aaplapaaa --line* and alU ha valaabla la ftoara arialaaitaaa, aa aall aa Irpartaat far acajarlaad *Uk f*;trv datonalrntlaca dM ar* to to pvrfaraad aeaaaltp la addlUaa ta iviI!m n-rty iilv.Ua. Sa daU(-dnation* ar* ** v.i*kli Id deWatlr.* re&Mod aapaaltp dM to dda-aacupatlaaal tau t. tka aark, at ;rv**t, U eerxldwed a^orlsaatal and 14k raaala* to ha 4ci.a tufar* dafialta tonelaaIran aaa ka aada. Maawvar, It la ballavad Uat to*** toplapaaa at raduaad dul atpeeltp kava a klctor cradatllltp hitconrprtrsLi ~ ^6t?oeinr? //OO-071T 330 ' HIMN aa X af utrulL'Tl tillcaelt ar ubuUiU th* theaa MlUtW vital aapatltlaa within asrati Thara are, af couraa, JMJ athar (uurt u ba tao- aldered which hr* the dull retention fitter*, tenth breathing, naaal filtering efficiency, tie. That* factera vary with Individual* and alt# havt an affect an tha probability af wontractlr4 dutt dltcaaaa. thtrefera, the only action whieh appear* indicated at thia tin* far ihcaa wpls^aa *> *w reduced caoaclty la ta taka particular cara to aihlalaa thalr ee.iaewja la aahajtaa aad Bilica ducts. Thia aatna uu utaaa - j- - ataJi wear resplratora wharavar paatikla and aanua taaa ace -- e U Intura that adequate vanillatied la present whan aerklaf la dwaty araaa. tha Hi--f vital aapaally ataaaraaanta ara considered tnathar taal ia tha if ii--trt, l~i~d a vulwahla taal. tha datlalaa *stfcar ta aaa awth aaaturaaanta raata with tha Indus trial Mjnltiia la cfarrs. It la Believed that auch aaajurctenta o'y ba vsluibl* throughout industry wlcra atbasta# and silica duct aotpoeures ara ttnaca, . Bafaracaaai * 1. M, kasld, Tha Wiww af Octet*tlana. Wllsh aivertltiat Frees., Landed, ISrii 2. KataVy, hrlqr, 3. IMU, F>aak# jMu^trl ~te<;~lSZs Tntaraalenae PiaUabsn, ia Wrtn> H IffliTtrtrt ,WlM. fc T Bq*lpwt iveilabi* far Catari laatlane af Ttaad Tltal Capacity i. OaUlaa laaplraaat* (MhfirWUa) If Iim hUlM 0*., taaiaa t HalttaafBait file! Capaalty iffrataa ty *!**** IppUanta Ce. Mala, UU. Uiaifauln and pertabla, tat laaa praalaa Itaa ealllaa * a55oo*' me saner? IIIMt 331 I Oe?cfc T*** F (p^ (cx t- jf'v . EXHIBIT M-JL. .MTE WITNESS t-jrc-o\j.\ kU/y A. WWtnty M21427 X In This Issue: SAFETY EQUIPMENT CONTROL WHO IS RESPONSIBLE FOR SAFETY? SUCCESSFUL FOOT PROTECTION PROGRAM BULK PROPANE SYSTEM JIG FOR BUILDING PIPE STACINC ASBESTOSIS SAFETY CAPSULES Safety costs money--lack of safely costs in finitely more. AYc must pursue an effective, efficient safety program with the same vigor we pursue an effective, efficient program of ship building, conversion and repair. OCTOBER 11962 VOLUME 19 NO. 10 NAVY DEPARTMENT OFFICE OF INDUSTRIAL RELATIONS WASHINGTON, D.C. ' NAVEXOS P-5! Uee . .'fund. for print in; ilii. publication appro.cd br Ibe Director of the Bureau of the Budcet * May 1960. For talc by tlio Superintendent of Dueument., United Stale! Corernment Printing Office, Washington 23, D C Sioglu copy, 15 ceul.i ibuiic.tle, (1.23 per year! 50 centa additional for foreign moiling w %. - s - F MT-PWHD-0086' ASBESTOSIS Pre/inrnl by Capt. II. AI. Bobbins, A/C. USB, anil 11'. T. Marr, Industrial Hygienist, Long /Uta h .Varal Shipyard IX 1910, the first cases of nsbestosis were reported in the United States. A few years Inter (1934), There is still much to be learned in the area of measurement and evaluation of asbestos fillers in nmosite, h ty|ie of nslicstos, was found to lio com the working environment. The general feeling is paratively light in tveiglit nmJ .in exrelienl itiaulit- that nsbestosis is caused by breathing relatively tor fur shipboard work. By 1917, ii'itnufacliiring lung fibers (10-25 microns) and llf.it the line problems were solved and (lie inntcviiil mis used asbestos dust is relatively inert. At this lime, i In*, productively aboard naval vessels. Duiing the recommended maximum allowable cuneentuijon war years, shipyards had a great influx of em is 5 million particles per cubic foot. Control of ployees in all trades, and pipe covering was no asbestos dust and fibers is relatively easy in the exception. Asbestos was used extensively. In pad shop. A water supply pipe, filletl with small 1945, a medical survey team noticed tho dusty holes, is located directly over the asbestos cloth working conditions of pi|>e covercrs and a study on the end of the cutting table. As the cloth is was made of the working environment of these drawn onto the table, the cloth is dampened. This employees in four shipyards. High dus, concen cloth remains damp throughout the process of trations were found at the time and X-ray exami filling, sewing, and installing pins in the pads. nations given to over 1,000 pipe coverers. Only Additional exhaust ventilation has been installed tlirco employees, each with more than 20 years' in the shop and is now operated constantly during exjiorirnro in working with nsbrstos material, woro ' working hours. Dust studies were made while found to have nsbestosis. This low incidcnro of dry cloth and amosite were in use and (lie ventila disease and tho extensive number of years tho tion otr. Those counts were generally in the range nlTivted employers worked in tlm material led the of 5 to 20 mp|icf. Under improved conditions, investigators to conclude pipo covering In ho i the count is generally below 1 tnppcf. relatively safe operation in shipyards. Exhaust A pipe covcrer's working environment on hoard ventilation and respiratory protection were still ship is constantly changing, making it difficult recommended a* good practices. The. "extensive to obtain nn average dust exposure. Almost any years" gives us an extremely important clue to concentration of dust and fibers can be found watch. under vaiying conditions. The highest counts, Medical evidence indicates the requirement for of course, are during ripout whore 200 mppcf are many years of exposure to develop nsbestosis. not uncommon. Due to the constantly (hanging Shipyards have two work areas, the insulation work positions and areas of pipe coverers, adc- shop nnil aboard ship, where thrro is n potential qnatc ventilation it not jmssiblo. The worker's exposure to asbestos fibers, l'nds, like small best, protection is to avoid carries*' creation of pillows for shiplmurd fittings, am made in tho dusty conditions, use dump material when |ms-ihle, sliup. Here asbestos cloth is cut to size mid filled and wear respiratory protection constant ly. with n type of asliestns called nmositc. Recently, in this shipyard, fibrous glass bus replaced amosite as the filler for these pads. Aboard ship, a great Thera is, at present, no known cure, for a-U-fo-us. Onco a person has contracted the disease he has SU(Tri ed a loss of health which cannot be redeemed. variety of insulation is performed. Insulation For an educational program, a tape recording blocks are shaped with a saw, pads arc applied to was made of an interview with a former employee fitting*, insulation cement is applied to blocks and who is now receiving disability compensation for coveted with nsliestos cloth. These, and other asbcsiosis. This recording, along with di;cn--ion, operations, take place in nearly all com pa r( meats; has been presented on several occasions to en- however, mo^t work is done in the machinery epurage employees to use every means to protect spaces. By far the greatest potential exposure to themselves from exposure to aslicstos fibers. asheMos fibers occurs during ri|Hiut of old insula Films are also periodically shown on < In- n-c of I tion fur hip overhaul or reconversion*'. respirators. 10 MT-PWHD-008678 7^ NSULATION HYGIENE PROGRESS REPORTS FROM THE INSULATION INDUSTRY HYGIENE RESEARCH PROGRAM Inlnc J. Stlikofl, M.D., Program Director Vol. 2. No. 4 Winter 1970 Godd Housekeeping Challenge to Insulation Industry The annual meeting of the Na tional Insulation Contractors Associa tion (NICAJ held in Dallas, Texas. October 4-8, l'JTO, was a landmark occasion for the insulation industry. At it the MCA approved the estab lishment. in cooperation with the As bestos Workers Union, of three na tional insulation industry funds. These were the Industry National Development Fund, the National Ap prentice and Training Fund, and--of special importance to the health of the workers--the National Health and Safety Fund. Health and Safety More than one day of the four-day program was devoted to Health and Safety. Mr. Albert E. Hutchinson of IIHRP's Advisory Hoard and Presi dent of the Asbestos Vi orkers Union, spoke of the Union's determined ef forts in the past decade to promote safety in the trade and pledged con tinued cooperation with industry and scientists to achieve this. Dr. 1. J. SelikofI and Mr. W. D. Reitze of the IIHRP reviewed the health problems that had been found among insulation workers and many of the available measures that have been developed to control them. Challenged the Industry Of special interest was a discussion of "Occupational Good Housekeep ing*1 by Mr. Donald Bradshaw of the Owens-Corning Fibcrglas Corpo ration. In this speech. Mr. Bradshaw, who is Chairman of NICA's Occupational Health and Safety Committee, chal lenged the asbestos industry, both contractors and workers, to imple ment safe working practices and in troduce safe materials throughout the industry. (Continued on page two) to him. The U.S. Navy Joins Battle With Shipyard Dust The U.S. Navy is shortly to intro duce a set of procedures to reduce insulation dust exposure in naval shipyards. Prospects arc excellent that they will help solve this complex problem in ship building and repair. The procedures were outlined by Commander Samuel Barhon. U.S.N.. at a meeting held Octoher 15 in Mount Sinai's Environmental Scien ces Laboratory. He is Head of the Industrial Environmental Control Branch of the Nav>*s Bureau of Medicine and Surgery. Dr. Barboo traced the Navy's quickened interest in the problem to a Conference held with Dr. SelikofI of the IIHRP two years ago. that reviewed health haz ards of shipyard insulation workers. Five Procedures Also at the meeting were Com mando'- George Uawton. M.C.. U.S..V. Director. Industrial Environmental iieallh Division. Bureau of Medicine and Surgery, Mr. John O'Neill. & sullant. Bureau of Labor Standards, U.S. Department of Labor, and rep resentatives of the commercial 'hip building industry, the insulation manufacturing industry, and Mount Sinai'* Insulation Industrv Hvgi'-i1'Research Program. Commander Barboo described the proposed Navy procedures for insulation application and rip-out. including the following: 1. a program of health surveillance for all asbestos workers includ ing annual chest x-ra\s: 2. substitution, whenever possible, of other materials for those con taining high |>ercentages of as bestos; 3. mandatory use of respirators where warranted by condition': 4. enclosure of whip areas under going insulation work and ex elusion of other trades whenever possible: and 5. adoption of work procedures de signed to reduce dust exposure. (Continued on page four) {, MT-PWHD-008679 Insulation Hygiene Progress Reports VaL 2. Na. 4 from the Winter 1170 Insulation Industry Hygiene Re search Program Editor: W. J. Nicholson. Ph.D., Published at the Environmental Sciences Laboratory i Irving J. Seli- koff. M.D.. Director I, Mount Sinai School of Medicine of the City Uni versity of New York. New York. N.Y. 10029 Advisory- Council of 11IIRP Irving J. SelikofI, M.D. Program Director and Chairman E. Cuvier Hammond. Sc.D. Vice President, American Cancer Society. New York. N.Y. Albert Hutchinson. General President. International Association of Heat and Frost Insulators and Asbestos Workers. Washington. D.C. J. B. Jobe. Vice President. JohnsMnnville Corporation. New 't ork. N.Y. Fred L Pundsack. I'li.l). Vice Presi dent. Research and Development. Johns-Manville Corporation. New York. N.Y. George W. Wright. M.D. Director of Medical Research. St. Luke's Hospi tal. Cleveland. 0. The Plastic Cement Mixer is Becoming The "In" Thing Several manufacturers of asbestos cement products are developing plastic shipping bags in which the cement can .be. mixed. ' Following their introduction in the l nited States b\ the Johiis-Mansville Corporation, other manufacturers of aslnrstos cements were apprised of the merits of in-bag cement mixing by Dr. Irving J. Sdikoll. Director of the Insulation Industry Hygiene Re search Program. Mini and Maxi Pahs To dale, the manufacturers' re sponse has been gratifying. Several have put product development pro grams into operation and one manu facturer. Ryder industries. Inc. of Dallas. Texas, lias already marketed "Mini-Pak" and "Maxi-Pak" kits of plastic-bagged cement. Eaeit Rxdcr kit also includes a plastic glow for mixing and a strong cardboard box that can lie used in lieu of a bucket. The concept of plastic mixing bags was discussed fuwnahlx by panelists at the recent National Insulation Con tractors annual meeting, wlu-rc sev eral contractors staled their desire to use this mixing method. Good Housekeeping Needs Workers' Cooperation (Continued from first pageJ Of the contractors be asked. "We are all quick to defend our indi vidual jHisitions as contractors but are we really taking the necessary practical sle|K of good housekeeping now so obviouslv necessarv in our industry for the health and safetv of our men and also all other persons at the johsite or in the shop?" The Individual Essential To the worker he |miiited out that, without effective involvement of the individual, occupational health good housekeeping cannot be achieved. "A man is ohligated In take prac tical care of himself." he said, "to educate himself in health pmlcclinn. and. through good housekeeping practices, to protect all other men at the jobsite." Unity and Uniformity In calling for uniformity of action in putting into effect safe work prac tices and safe materials. Mr. Brad shaw- pointed to the role of tile In ternational Union. "Through this body," he said. "uuit\ and uniform ity of action are possible." PURPOSES OF THE. INSULATION INDUSTRY HYGIENE RESEARCH PROGRAM 1. To develop improved methods for minimizing ex posure of insulation workers to dusts and fumes encoun tered in their work. 2. To disseminate knowl edge of these improved methods of dust control wherever they may be ap plied advantageously and to offer cooperation, advice and assistance toward their universal adoption. A "Mini-Pak" of a-lx-stti-. cciih-ih niarki-n-il in a pl.i-in nuxiii" liaw li\ |{>di-r industries of Dalla-, Texas. .\u dust Hies out during tuixi . MT-PWHD-008680 ThU plastic "lent'* fitted over a Capr Asbestos Company lurbinr controls du-t during ripout and spraying opcratmni. The small portable vacuum exhauster seen on the left piuvidi-s negative pressure inside the "lent." Anti-Dust Crews Trained --With Special Vans Specially trained insulation demo* lition and rift-out crews using newlv developed techniques and equipment --including special vans fitted with change rooms--are now operating in Great Britain. The Cape Asbestos Corporation of London has instituted the program in order to minimize the exposure of workers to insulation dust. Details of the program were re viewed with 11HRI' personnel by Mr. Alex Cross and Dr. Waller Smither of Cape Asbestos. Tiiis was part of the continuing program of coopera tion between insulation industry scientists and engineers in other countries and the HIIRI'. Roth Dr. Smither and Mr. Cross visited Mount Sinai during the summer to study dust control measures developed here. Change Rooms and Showers Each special van contains a "clean room" for taking off (and !..tcr put ting on) street clothes and a "dirty room" for putting on I later taking off) work clothes. Shower facilities are available for use after work. The men working with the unit arc trained in the latest techniques to minimize dust production. Moreover they use all necessary |>ersonal pro tection equipment and clothing. This includes plastic or mlon coveralls and air-supplied or face respirators, when appropriate. During tin* removal of old insula tion material, the work area is com pletely enclosed and other trades are excluded. Material to he removed is extensively wetted and localized ex haust systems are used whenever pos sible to minimize dust spread. Minimum Dust Exposure This program now introduces on land measures similar to those used for insulation removal aboard ship. (See story on page -I on insulation work in Rritish Naval shipyards) Dr. Smither, who is Medical Di rector of the Cape Asbestos Corpora tion, emphasized that the workers in the special crews will not experience greater dust exposure than those ap plying new insulation. "The procedures and the protec tive equipment available to these men reduce their dust exposure to n mini mum," he said. A new <li*|H>jblt du>1-Iiu-t respirator. It weighs onl) l:ii uz. New Dust-Mist Respirator Put On the Market A new disposable dust-mist respi rator was introduced by the Safety Products Division of the American Optical Corporation on October 26. The commercial availability of the first effective disposable respirator culminates two years of effort on the part of the IllIRP to obtain a res pirator suitable for insulation work ers. (See Institution Hygiene Prog ress Reports, vol. 1, nos. 2 and 3. and vol. 2, no. 3.) 90', of Dust Excluded The disposable respirator an nounced Ivy American Optical has been awarded a Lniled Slates Bu reau of Mines approval under Sched ule 21B. Lnder this approval sched ule. certain respirator elhciency stan dards must lie met. These include lack of penetration of dust through the filter material, low resistance to breathing with stan dardized loading, and little leakage about the face seal. It is this last standard that, in general, limits the efficiency of ap proved respirators. I nder Schedule 21B. the face seal must exclude `X> per cent of the dust from a standard ized aerosol. Six Points in Furor The most important features of the American Optical respirator arc: 1. a new fdiroiis Idler medium that is highly efficient. 2. a large effective filtering area to provide very low resistance to breathing. A. a weight oiilv 1:!| ounces. I. a foam-face-sculing gasket that is efficient and, in addition, improves wearer comfort. 5. a malleable metal frame that permits the wearer to adjust to the contours of hi' face, anil 6. two adjustable harness straps to allow a good fit of the res pirator on the face. IVother Acceptance Other disjiosable dust respirators, manufactured bv the Minnesota Min ing and Manufacturing C<>. and by the Welch Manufacturing Co. have been field tested bv the IIIIRI' for worker acceptance. Also under development arc mod els bv other inumifaelurers. including Willson Products Division of hill Inc. * MT-PWHD-008681 A down-draft cuttinc tjlilr attached to a portable v aiuum-cl.jn.r donim-d In Mr. Carl Mangold, Head, Jndu.-trul Htgirnr branch. i'ucel Sound Naval .'liipvard. Hie legs are removed for carrying. t Photo euurtr?) of Carl Mangold, Puget Sound Natal Shipyard) The British Navy Too is Battling Shipyard Dust An extensive program for reducing insulation dust exposure to workers has been put into operation at the Royal Naval Shipyard, Plymouth. England. Its operation was studied by Dr. Harry Heimann. I)r. W illiam J. Nicholson, and Mr. Duncan A. Holaday of the Insulation Industry Hygiene Research Program, who visited the shipyard in September. The program was developed and implemented by Dr. Peter C. Harries. Surgeon-Commander. Royal .Navy. He designed it to isolate dusty opera tions, reduce dust production during insulation work, and prevent, as far as possible, inhalation of asbestoscontaining dusts. Supplied-air Hoods Isolation of dusty operations (such as removal of old insulation) is ac complished by sealing compartments where possible or by use of plastic tarpaulins. The men doing removal ana clean-up work wear plastic coveralls and supplied-air l oods. For work which creates less dust than insulation removal does, nylon coveralls are used. When removal is complete, the area is cleaned by the use of vacuum lines or portable cleaners and Anal washdowns. Air samples are taken to insure that the clcan-up has been thorough before the area is opened for further work. Concern for personal protective measures is further seen in the re quirements that asbestos workers on arrival remove their clothes, then proceed to another room ami put on work clothes, clean sets of which are supplied daily. At the end of the shift, coveralls are vacuumed, work clothes are removed, and the work men take showers before donning street clothes. Dust Respirators Required Varying degrees of respiratory protection are required, depending on the work being done. In addition to the supplied-air hoods, self-con tained air-supply respirators are available for removal operations, clean-up, and waste collection work. For installation of insulation mate rials which comain asbestos, ap proved dust respirators arc required. In some circumstances, where ap propriate. :n*ulation material con taining no asbestos has been substi tuted. In other circumstances the asbestos content has been reduced. U.S. Navy Joins Battle Against Shipyard Dust (Continued from first page) Mr. Carl Mangold of the Industrial Hygiene Section of Puget Sound Naval Shipyard, Bremerton. Wash ington, detailed some of the proce dures that are now standard at that yard' Overalls at $1 Each Disposable overalls, costing ap proximately SI per pair are used as a routine matter. A downdraft cut ting box for hand sawing has been found to be particularly effective and is well received by the worker*. Ex tensive use of portable vacuum clean ers has reduced much of the unneces sary dust exposure in confined areas. Mr. O'Neill emphasized the need for a solution to the health problems of insulation workers and said that a set of regulations applicable to the shipbuilding ami ship repair indus try and also the construction industry is under consideration by tbc Depart ment of Labor. Committee Appointed At the end of the meeting a com mittee was appointed to draft a unified approach to the problems of shipboard insulation work. it includes representatives of the Navy, the Department of Labor, the Asbestos Workers Union, the com mercial shipbuilding industry, the insulation manufacturers, the insula tion contractors, and the 1IHRP. of j*Im-s|os liu-l ami irn|ililit> ilcjnup. I I'iiolu courier of Carl Mangold, Puget Niumi Naval Shipyard I MT-PWHD-008682 Efiwrwimcfti tw Tart NSULATION HYGIENE PROGRESS REPORTS FROM THE INSULATION INDUSTRY HYGIENE RESEARCH PROGRAM taring i. Salikofl. M.D, Fragrsm Director Val. 3. No. 4 Winter 1971 Here Are Some of Many Ways to Reduce Dust pened in other environmental situations. ) b. Does the new material meet engi neering specifications and will it perform adequately under condi tions of use? Materials containing reduced amounts of asbestos have been used in the fol lowing applications : \ Dust produced by use of an unventi- Cutting pipe with band saw equipped n. Blanket and pad filling tated band saw. Without the back light with high-velocity, low-volume exhaust ing used here, much of the dust would system. Compare absence of any air Substitution of the proper types not be visible. borne dust with that shown in uncon of other pad fillers not only re trolled cutting (picture left.) duces asbestos dust during fabri cation and installation but also \ [--Shipyard Procedures fiuide--i tends to lessen the problems dur ing subsequent "rip-out`\ Addi ' * tionally, asbestos cloth which has been treated with a dust suppres IrSeips AH Snsufatlon ifien sant is available and its use should also be encouraged. There are re ports that much less dust will be The Winter 1970 issue of Insulation Hygiene Progress Re* produced. ports announced a joint effort by the Insulation Industry b. Pipc covering and block Hygiene Research Program, the U.S. Navy, the Department of Labor, and insulation manufacturers and contrartors to control shipyard asbestos dust exposures. Serious consideration should be given to those products contain ing lower amounts of asi>etns As part of that effort. Duncan A. Iloladay and William B. filler. Several British iirms have Reitze of the 11IIIIP prepared a procedures guide for shipyard insulation application and removal. Because of its relevance, introduced asliestos-frce calcium silicate block and pipe covering. to all insulation work, portions of it are given in this issue of To date, however, this material Insulation Hygiene Progress Reports. has not been adequately evaluated A complete report was presented by the authors at'the Inter national Symposium on Safety and Health in Shipbuilding and in the United Slates to determine how it will |ierforin in use. Ship Repairing, at Helsinki, Finland, on August 30, 1971. Reduction of Dust by Changes by Duncan A. Iloladay Control of Asbestos-Containing Dusts in Work Methods and William B. Reitze by Use of Substitute Materials a. Mixing Asbestos Mortar >- The general goal in all insulation work should be to maintain a clean environment. Measurements of concentrations of asbestos fibers ("dust counts'1) in the atmosphere can be used to identify sources of contamination and to point out deficiencies in control methods. Primary reliance for control of ex* Substitution of materials contain ing reduced proportions of asbestos or no asbestos at all. is becoming more common in ship construction. Before a material is substituted for asbestos, however, two questions must be carefully considered: a. Has the substitute material been tested? If not. it may turn out to be of the same or greater hazard This operation has usually been done at the job site. While tiic time spent in mixing is quite short, considerable dust is pro. (luced. A tested method of control is to mix the mortar dockside under controlled conditions and package the mixed mortar in sev eral containers for transportation to the job site. posures, however, must be placed on than the material of known haz Mortar is also available packaged faithful observance of operating rules. ard. This sort of thing has hap- (Continued on second [HtgcJ MT-PWHD-008683 Insulation Hygiene Progress Reports Vat. 1. Na. 4 Winter 1971 Procedures Used at Puget Sound Naval Shipyard from the (Continued from first page) Insulation Industry Hygiene Re search Program in several sizes of plastic bags which have a spout through which water is introduced. Sufficient wa ter is added to moisten the mor Editor: W. J. Nicholson, Ph.D., t tar; after premising. the hag is jPublished at the Environmental opened and the remaining water added. The carton in which the Sciences Laboratory (Irving J. Seli- I bag is packaged may serve as a kofI,-~M.D., Director i< Mount Sinai j mixing box and waste container School of Medicine of the City Uni versity of New York. New York, N.Y. 1002V b. Pre-cutting pipe covering and block in the fabrication shop Hand-cutting of pipe covering and block should be kept to an Advisory Council of IIIIRP absolute minimum. Bend sections, Irving J. SelikofI, M.D. Program pipe cover lengths, and blocks, should be cut in the fabrication Director and Chairman shop on exhaust-ventilated equip ment. E. Cuyler Hammond, Sc.D., Vice President, American Cancer Society, New York, N.Y. Albert Hutchinson, General President. International Association of Heat and Frost Insulators and Asbestos Workers, Washington, D.C. Fred L. Pundsack, Ph.D. Vice Presi dent, Research and Development, Johns-Manville Corporation, New York, N.Y. How the A'airy Does It At the Puget Sound Naval Ship yard, cut sections are dipped in water and then packed in plastic bags which are lal>cled to identify the location where they are to be used. The cut sections are still damp and relatively dust-free when they are applied and the plastic bags are available for use in collecting wastes. c. Pre-scoring blocks Insulation blocks should not be scored at the job site. Blocks which have been pre-srored by the manufacturer can he pur chased. or standard blocks can he scored in the fabrication shop by PURPOSES OF TIIE INSULATION INDUSTRY HYGIENE RESEARCH PROGRAM using an-exhaust-ventilated gang saw. d. Insulating pipe assemblies in the shop Some pipe assemblies are quite intricate and are troublesome to lag while in place. A satisfactory method of doing these jobs, par ticularly during ship repair, which is employed by the Puget Sound Naval Shipyard, is to re move the assembly in conveniently sized sections and transport them to the shop. Here the old insula tion is removed, any necessary repair of the pi|>es performed, and the assembled section re lagged. Relag in the Shop Not only is dust dispersion re duced. but it is much more con venient to re-lag the section in the shop than when it is in place shipboard. Any insulation which is damaged during transport and fitting is repaired after the sec tions are in place. e. Hand-cutting at fob sites Some hand-cutting at job sites is unavoidable. However, dispersion of dusts by these operation*, can be minimized. A |>ortahle downdraft table is used by the Puget Sound Naval Shipyard. This table has folding legs so that it can he carried down companionways and set up conveniently to the work. A small industrial vacuum cleaner is the source of exhaust. Scrap is dropped into a plastic hag and a (Continued on third page) ' * 1. To develop improved methods for minimizing ex posure of insulation workers to dusts and fumes encoun tered in their work. 2. To disseminate knowl edge of these improved methods of dust control wherever they may be ap plied advantageously and to offer cooperation, advice and assistance toward their universal adoption. High temperature mortar packed in plastic bag. Water is added to bag through speat and mortar moistened before opening. The moistened mortar is removed as required and mixing completed in shipping container. All wastes are placed in container and sent to disposal at end of shift. Procedure used at Puget Sound Naval Shipyard for handling bend sections. Sections are cut in fabrication shop, dipped m water and placed m plastic bag. The bag is then labelled with the job-site description. MT-PWHD-008684 Dampening fibrous elass blanket filler before cutting. Note lateral draft hood in which fabrication is done. (Continued from second page/ dropcloth is placed on the deck under the equipment. /. Fabrication of Pads and Blan kets Pads for valves and machinery should be fabricated in the shop whenever possible. Amosite has been largely replaced by fibrous glass filling with covers of an asbestos cloth which lias been treated with dust suppressants. As an effective means for suppressing dust dispersion and colla tion, the fibrous glass blanket is unrolled, dampened and rerolled. This pro cedure insures that all the blanket will be dampened. The blanket and asbestos doth shapes are cut in the lateral draft booth. g. Housekeeping and Clean-up Essential parts of a dust control program arc housekeeping and clean-up procedures. Meticulous attention must be given to re stricting the spread of dust and larger wastes. Use of a dropcloth under a work area vividly illus trates how much waste would be distributed over the general area or to lower decks if one were not used. Areas should be cleaned up at the lunch break and the end of each shift, using an industrial vacuum cleaner to collect dust and small scrap. In all possible instances, work men should clean up their own areas. Where work rules prohibit this, the clean-up crew should be under the direction and super vision of the insulation foreman to insure that proper attention is given to this important subject. Reduction of Dusts by Use of Local saws for cutting asbestos cement Exhaust Ventilation board are well controlled with these systems. a. Ventilation of Large Power Tools--Hand Sates Control of Number of Workmen Extensive use of band saws both Exposed Ein dockside fabrication shops and, on board larger ships such as aircraft carriers make emissions from band saws a major source of asbestos dust. Control devices for such saws have been known for years and are relatively sim- le. Conventional low-velocity, igh-volume systems, using a negative pressure baghouse for air cleaning, are practical in a fixed installation fabrication shop. a. Scheduling of Insulation Work Standard industrial hygiene prac tices call for insolating operations which contaminate the atmosphere with toxic materials. Areas where insulation work is being done under conditions in which dust might be created should be iso lated by non-flammable curtains or other means. Whenever possible, work should be scheduled to Because some degree of porta minimize the numbers of other bility is desirable in a temporary tradesmen in the area. Ship con shipboard fabrication area, a struction ojierations are more high-velocity, low-volume dust readily scheduled than are ship collection unit is desirable for repair or ship-breaking jobs. However, every effort should be made to keep the number of men exposed at a minimum. In par ticular, rip-out of old insulation should always be isolated and, if necessary, performed on an off- shift. Trained workmen supplied with projicr protective equipment should always be used for rip-out work and it should be scheduled for rapid completion. Personal Protective Equipment In addition to dust suppression and dust control procedures, personal pro tective equipment is often necessary to reduce exposure and limit the spread of contamination. The equip ment described below is used in con trol programs. . Portable down-draft table developed by Puget Sound Naval Shipyard for use shipboard. Lightweight industrial vac uum cleaner is used as the air mover. Note plastic bag for scrap and dropcloth on deck. such use; it may also be suitable for fixed installations. The air mover is an industrial vacuum cleaner which pulls about 50 cubic feet of air per minute past die saw blade at velocity of more than 10,000 feet per minute. This system is a very efficient dust col lector. Units such as this can also be designed to control dusts pro duced by table saws and gang saws. <r. Protective Clothing Protective clothing is required to keep contamination confined to the work areas. One method is to issue disposable coveralls which can lie removed when leaving the (Continued on fourth page) b. Ventilation of Hand Power Tools High-velocity, low-volume collec tion systems control dust emis sions from most small power tools adequately. Saber saws for cut ting pipe covering and rotary Use of dropcloth to contain wastes and facilitate dean-up. MT-PWHD-008685 A small industrial vacuum cleaner being used by a Local 62 asbestos worker for clean-up. (Continual from third page) work area or some time prior to entering the locker room ami placed in plastic bags for disposal. Retin Impregnated Paper A satisfactory type of protective clothing consUls of re-in impreg nated paper coveralls. These are inexpensive and readily disposa ble. They prevent spreading con tamination to laundries and elimi nate pilferage. They are worn for one shift, then removed and placed in plastic bags for disposal with other asbestos-containing wastes. b. Respiratory Protective Equip ment Occasionally some operations gen erate so much dust that it is virtually impossible to maintain satisfactory atmospheric concen trations of asbestos fibers and respiratory protection must be provided to the workers. A variety of respiratory protective equip ment is available from which devices suitable for various situa tions can be selected. American National Standard Z88.3-1971, Safety Guide for Respiratory Pro tection Against Asbestos-Contain ing Dusts (obtainable from Amer ican National Standards Institute. 1430 Broadway, New York, N.Y. 10018) should be referred to for detailed information. invisible Dust It is emphasized that unsatisfac tory amounts of respirable dust can be present in the air even though conditions are not visibly dusty. 1. Air-supplied Respirators Extremely dusty jobs, such as ripout of old insulation where dust concentrations are very high, re quire use of air-supplied respi rators which will deliver clean, dust-free air to a facepiece or hood. Two general types are available: air-line and self- Saber saw equipped with high-velocity, low-volume exhaust system. powered. a) Air-line respirators in which air is supplied to a hood, helmet or facepiece give the greatest de gree of protection. Air is fed to the facepiece from a compressed air-line. The air source must be located in an uncontaminatcd area and if the source is not specifically designed for breathing purposes, a letn|>erature sensing alarm must lie installed on the compressor or a carbon mon oxide monitoring device must be installed in the air-line. Disposable Hood Anti-freeze compounds should not be used in the compressor system: water vapor mut lie removed by dessicant and oil mists removed by a filter. A plastic, disposable hood has been developed by the Puget Sound Naval Shipyard for situ ations where a very high degree of protection is required. This hood and other similar ones are available commercially. The air line should be fastened to the hood with a quick-disconnect fitting. Self-poucred Respirators hi Air-line respirators connected to a compressed air supply limit movement, and this limitation can be troublesome. Self-powered res pirators do not impose such limi tations, but they do add to the equipment the workman must carry and they also require care ful maintenance. 2. Paniculate-filtering Respira tors There are several types of par ticulate-filtering respirators. Those with a half-mask facepiece are considered most suitable for use by insulators. Only those ap proved for protection against as bestos dust by the U. S. Bureau of Mines should be used. These devices are recommended for use in situations where the atmos pheric concentration of asiiestos fibers is at relatively low levels. All the recommendations for res pirator-fitting, training of work men and maintenance, detailed in Z88-3-1971 should be followed. a) Reusable particulate-filter ing respirators A variety of reusable particulate filtering respirators are available. To insure proper fitting, several different makes should be avail able from which the workman can select one. No one model respira tor facepiece uill fit all faces. Routine maintenance is absolutely necessary to replace clogged filters and leaking inhalation or exhala tion valves. L'nmaintained res pirators produce a false sense of security. Maintenance Troublesome b) Disposable particulutc-filter ing respirators Operation of an adequate respira tor maintenance program can be troublesome and, if only a few men are involved, impractical. Disposable respirator- are a\ailable which are designed to be worn for no longer than one shift and then discarded. Education and Training No dust control program can he effec tive unless workmen and supervisors understand the hazards associated with the jobs, the sources of the hazards and the reasons for following recommended procedures carefully. Understanding is only obtained by education of personnel and training in correct operating procedures. For an education and training program to be successful, both management and labor must be concerned and partici pate. As with all safetv programs, it is essential that first-line supervisors be interested in and cooj>erate in the work. The harmful effects of neglect of pro cedures for controlling asbestos dust are not apparent for many years. Therefore, it is more difficult to con vince workmen and supervisors of the necessity of following rules for working with insulating materials than if more obvious physical haz ards were involved. Education in hazards associated with use of insulating materials and in struction in correct work practices should be included in apprentice training programs. PHOTO CREDITS: Pg. 1, I.I.H.R.P.; pg. 2, Ryder Industries and Puget Sound Naval Ship\ards (P.S.N.S.I; p. 3, P.S.N.S.; pg.'-l, l.I.ll.R.P. and P.S.N.S. MT-PWHD-008686 ( t ( May 3-7, 1965 K> t MT-PWHD-008687 Asbestos Exposure During Naval Vessel Overhaul WILLIAM T. MARR Midteal Dtpartnimt. Long Brack \a- al Shipyard, Long Brock. California ^ A study among imubfion workers in a shipyard has revealed several men on disability- compensation and one drath due to asbestosis. Exposures occur during the fabrication and installation of asbestos insulations and during removal of insula* lion for repair? or overhaul of ships. X-ry examinations are not adequate for eon* trol as cases usually take a minimum of seven years to develop. Problem iron, nickel, manganese, or aluminum often THE LONG REACH Nava1 Shipyard in sulation shop has 60 to 80 employees replacing part of the mapnesium The fibrous form of amphibole has four principal vari working primarily aboard ship applying ine ties. amosite. anthophyllite, tremolite, and sulation containing asbestos to the steam crocidolite. These four are various silicates power plants. Five employees, averaging 15 of iron, calcium, magnesium, aod sodium. years exposure, have retired on disability The replacement of one element by anoth compensation due to asbestosis. One em- er in varying proportions is a unique charac plovee, after 10 vears employment as a pipe- teristic of asbestos causing a change in its coverer and insulator, received disability physical properties. For example, machinery compensation for seven years prior to his crushes chrysotile into fine soft silky-feeling death in 1962. Extensive physical examina fibers which are strong, flexible and can be tions and autopsy reports leave no doubt his woven into cloth. Amosite, which comes death was due to asbestosis. He worked most from .South Africa, has long coarse fibers ly on farms and in restaurants before his suitable for a blanket-type of insulation ma emplovment in the shipyard and denied any terial. Amosite has been used in large quan previous employ ment in a dusty trade. tities on naval ships since before World War Breathing asbestos fibers, usually over a II. Other than amosite. the amphibole min period exceeding 10 years, causes this insidi eral type of asbestos is weak and brittle. ous industrial disease.1'*'* A non-productive Most authorities believe that all types of rough and progressive shortness of breath asbestos can cause asbestosis/ Medical sci that can lead to disability are the most strik ence has not conducted sufficient research to ing symptoms.41 determine the possible different effects of This report covers: (al material used, (bl the mineral or which variety is the most working environment, (cl fiber counts, (dl hazardous. x-ray findings, (e) discussion, and (f) sum Employees in the insulation trade also use mary. fiberglass, magnesia, diatomaceous earth, and other inert substances that can complicate Material air sampling and the exposure hazard. Ship Asbestos is a commercial name applied board insulators use about ten different types to several varieties of fibrous minerals. *>"hese of insulation material containing different varieties are two distinct mineral groups, ser varieties and a varying quantity' of asbestos. pentine and amphibole, that differ consid Table I gives a list of material used in ship erably in composition and physical proper board insulation and its composition. The ties' Chrysotile, the fibrous form of ser table also shows the percentage of time the pentine, comes from Canada and constitutes rmplovee works with the material and his about 95G of the total world production of exposure in millions of particles per cubic asbestos. Jt is a magnesium silicate with foot. MT-PWHD-00868 c Jiaul mim often The fibrous cipal vari-lolite. and us silicates sodium. : by anothue charac- Cnge in its ^chinerv y-fceling J can he ich comes arse fibers lation marge quan*'orld War ibole minttle. 1 types of ediral sciesearch to effects of the most e also use rarth, and ompliraie rd. Shiprent types different asbestos, i in shipion The time the and his ^ * cubic fneiusltial H\$tene Journal Table 1 Materials and Exposures in Shipboard Insulation Jobs Malarial (V**d aboard hip by pipocevart-a and ittiitorv 1. 100 ^ A motit# asbeatoa blankti lortaUtnf Rrnonai 2. US'-, M.^naaia and 15% moan* im l>lttrk* and pip* *-->iona InrtaOiof 3. Calcium ibri* and 10'. iihm'M block# and pip iKiiofll Intuiting Rtmoving 4. 100TV Cbnaotila ajhtaiM Alter and bindar Intaihoc Ramo'inf &. 15% Ctir'Wbir and M5% rock %Ml Altar and biedar ln*wtlint fUffionaf t. 10-95% Ckr>-soUla aabonio* rlolb ln*u!lmf lUmonai T. riharftiM Int'aUmf Removine rrrrrnutr of orkinj i >ma aboard imp (nub aaeb malarial* raraty S0 Eipoaura Caamtmioat Oanpib of riporura umr \anaa from mmuuo la boun) particle ranee in microna 2-A 5-10 Abar ranf* is micrena 8-40 mppcf mppcl mppcf 14-J0 IniiilM damp l 6-2.0 0M0 mo I 4-4 0 0 1-0 4 0.1-1.8 t.s 0.S-10 o.;-*.o ir.-l : * 43.0 09-2 8 0 2-3 0 2.0 0.4-1.7 0.4-0 S trmes t.s miiod aj ramant asd applied mail o.s 0 9-4.9 0.9-l.t Iran 1.5 ruiad aa mmant asd aprtiad oat 0.5 0.8-4* 0.T-1.7 Parc 10 06 1.0 raraly 0.S-1.S 0 2-1. 0.2-14 0 5-2 0 Oil* 265 Working Environment These employees, known as pipecoverers and insulators, face a potential exposure to asbestos fibers in the insulation shop and on board ship. Einplovres in the shop make pads shaped like small pillows for easy installation and removal from shipboard fittings, control valves, and pipe joints. A bolt of asbestos cloth is on a roller at the end of the layout and cutting table. Directly over the bolt a water spray system allows water to dampen the cloth as an emplovee draw's it on the table. The employee measures and marks the material into appropriate sizes and cuts it w-ith a rotary electric hand cutter. An other worker then stitches the cloth on a power sewing machine and passes it to an other table where fiberglass is cut to size and stuffed into the opening. Finally, an employee closes the pad by sewing, trims it with a pow er culler, and attaches tings to aid in the installation aboard ship. The cloth remains damp during the work process making dust control methods relatively easy in the shop General exhaust ventilation operates contin ually, assisted by large doors and windows allowing for cross-ventilation. Aboard ship pipecoverers and insulators perform a great \ariety of installations in most compartments, especially in the firerooms and enginerooms. Several of these tasks are shown in Figures 1, 2 and 3. These men wire insulation block and insulation pipe sections in position around machinery and pipe. They make the surface smooth first by mudding with 65^r magnesia plaster and then wrapo ng with asbestos cloth glued in position with a fire retarding waterproof ad hesive. The amosite blanket, rarely used now, was generalb used rather than preformed blocks and pipe sections until 1962. Emplo>res apply rock wool mud to this amosite blanket followed by portland cement and I MT-PWHD-008689 ?r>6 M ay-June, 1964 asbestos cloth to form a smooth finish Thr\ appiv glass sheets to ventilation ducts and wrap it with fibeiglass or asbestos cloth These men wrap fiberglass around fittings, control \*!\ev and pipe joints, thrn attach the p;ids from the shop into position. During ship overhaul, repair, and rrmodrrniration, pipccovrrers and insulators re move all the various types of insulation they have applied. As shown in Table I, this vnaiI pnjtion of time spent in removing ex cessive)' dn insulation gives a high exposure to asb'stnc dust. .Vl^uaie ventilation for pipecovers and insuljtnr< is rarely possible with our present vrniilaimr '<tnn. which c-'ornists of 3.600 cfm r\haut fans v\ ith connections for foui 3-m h flexible ducts. Those portable exhaust fans are usually placed on the main deck and the ducts routed into the work area. The flow ai each e\hau<t-duct entrance varies horn 800 to 1300 Ifm depending on the dis tance from the exhaust fan to the work process. This present exhaust system designed especial!'- for welding and burning work is not adequate for our piperov crcrs and insu lators became their work processes and work positions vary. Dut control by use of water durine ship board work appears to be practical only dur ing appliration of amosite, a material seldom applied in our 'hipvard because of the ex cessive dust it causes during removal. The best protection for these employees is to avoid careless creation of dusty conditions by the use of damp material when possible, and the wearing of dust respirators constantly. (. L'" /" c u, 1264 JnHu'trial Hygimr Journal 267 ' mg' exxpcwure ; 1 ' ! . 1/ 'vV; v|'* . ' *! i-' '! ' `V.-.J ', i H i"T^ 1 1 i ! ,1 crs and present <1 3.600 *or four xhaust . and a. The Airies thr dis- i_^_l' T; * -1 * 1 > t ----1 ' - 1* i-h!'. {1 'TV*1 i" '' V,' [IF * __ -I 1 't ** KJ-. \ V . *I 1 ,! `T, i ; `.! F_ 1 * i nf . *r: - J ... L_U 11 '1 i t -v t --'---ii :---<> e work Floras 4. Phorfnirrncraph of dun istnplc Ftceae 3. Phrienwrn?niph nf dust lainple tak esigned taken during insulation rrir.twal. Small square* are en during application of insulation blocks. 20 Slirroni. ( work is d insu- Fiber Counts 'S hazard During sawing of blocks and pipe 1I I d work sections and removal of old insulation, the There are no established figures for a max work environment appears extremely dusty. r ship- imum allowable concentration of asbestos Respirator filters often clog after an hour's Iv dur- fibers in pipe covering operations or for short work removing insulation. seldom he e.x. The (: duration massive exposures. Because study in a textile mill in 1938 found no rases of asbestosis where the count by impinger light field was below' 5 mppcf. this figure became Fibers from 3 to 60 microns in length re ceived special attention during this study (Figures 4 and 5). If fibers were present but V.vJ b\ the recommended maximum allowable con count revealed less than one mppcf, they ap and centration.* An asbestos operation in Canada pear in Table I as a trace. itJv. has had no new cases of asbeslosis in 15 years where the particle count is below I mppcf X-Ray Findings for dust below 10 microns.* One U. S. in dustry uses 5 mppcf below 10 microns and I mppcf above 10 microns as their MAC.'* Pathologist! find fibers exceeding 400 mirrons in lungs during autopsy." These long fibers do not settle in air as rapidly as spheri cal particles. They are less than one micron in thickness and their needle-like form allows It is common practice for industrial hy gienists to use information from periodic physicals to assure themselves that exposure rontrols are adequate. X-ray examinations on new employees in asbestos are not of value for this atsurance: on the contrary, this in formation ran be extremely misleading as it usually takes a minimum of seven years ex f I them to stand on end and work down into posure for cases of asbestosis to dev elop.1*'"'1* the lungs. It also appears that some people are suscepti The Saranac Laboratory experiments by ble while others escape harm during the same animal exposure to asbestos indicated that exposure.11 * ]: $ asbestosis is a mechanical rather than a chemical action." The researchers also con sidered fibers greater than 10 microns the most harmful. This is not in agreement with recent studies in South Africa where authori A medical team surveyed five shipyards in 1945 to investigate the health hazard due to insulation work." Only three rases of as beslosis appeared in 1074 x-ray examinations. These three employees had worked in as ties consider fibers less than 3 microns the bestos material for more than 20 years. In most harmful." sulation material and work methods have re I Dust rounts. taken with the Bausch and mained essentially the same since that study. Lomh Dust Counter, appear in Table 1. The The greatest change, starting right after the ( c: low counts on sampling do not appear to war, is the removal of insulation during over give an adequate indication of the actual haul and repair. Many of our employees I Vl ' MT-PWHD-00869 y>$ nr have i*r 20 yrars in the in'ilation trade in contrast to the urvrv in 1943 where only 31 nf the 10T4 rmplmee? had nvrr 10 vears rvjx iiiiirr in insulation work. Discussion . The world's consumption of a<hr<io? has increased from 500.000 ion* in 1942 lo 2.* 400.000 ton* in 1961.w Recent studies rnopnize asbestosis as a serious health haz- Asbestos expcsme during shipboatd insula tion dilTers from exposure in mining and manufacturing processes of this material In these industries employees usuallv continue at one job with the same material and their exposure is relatively constant. This is not true for shipboard insulation where the pipe* coverers and insulators work location, work position, and material constantly change. Un der these conditions it is impossible to de termine the exposure of the employee without spending hours in observation and sampling Samples taken as in Table I are only bases for discussion concerning their exposure. We do not know whether our cases of as bestoses came from massive exposure during removal of old insulation or from many years of e.x|osure by susceptible individuals during all types of insulation work. Summary The Long Beach Naval ShipvaiH has sev eral men on disability- compensation and one death due to abrin*ii. Many of these em ployees hive more than 20 years' experience as piiM-coscrers and insulators working primarih aboard ship. Asbestos exposure during ship overhaul and repair varies extensively giving an entirely different problem fiom exposure in mining and manufacturing ojserations. The maxi mum allowable concentration for pipe cov- . rin? operations or for short duration m,vsive exposure? is unknown. There till re mains a difference of opinion among medi cal authorities on a MAC and the effects of long-fiber and short-fiber asbrsms. CIvm x-ray examinations of employees exposed to 2?hcto? ran be misleading as it usually takes a minimum of seven verm for rases of ashest-ui? to develop Shiphnaid pipecoverint; and insulating during overhaul and repair is a hazardous trade Employees in this trade should wear respirators when exfsosed to drv insulation material containing as'.restos. Rftfe'inctt * 1. Smivw KtXMTN w r rw!oMVtar Iwi JAM .<<*. /ad fAwtv't 1433 r *. A*. I? 2. M*\ev.k F.` Pai/aan Putfittir \1t4>rim,ad /O. <>< Tth Cd.. 9.Aplfton-C< mm>C>nrt Tnr.. Nr. York < 19311 3. L*St. A J Pirn't' aad A'icrMlii, l Srm. N tort <1938). 38. Oxford 4 L.vt. p 38. 3 Hi \t*J Thr CnritoH rkf Ri'ifir a/ H"*af>..ai p. S*S, firt* Limiird L<><d>n . 1**33. 8 *!./* OvJ'UI' Thr Ailnint Ndo'trt p. J. V S Swn iw pi M Swllrtin tJI i JM331 7. CoMtMtov r>natl>i^tr Tkt IS. Xo I p. 8. Nmrnihpr I**!. l> rUr. Vl, I Lkiu 39 f. Omorr-odrArt. Poet fnd M*. Qurtt. M D-. THrl- 10 rtivxdl H. St JCK0*. Mrditil t** tunmtlil Jr-tifi-V|jni8r C*irp"rauon \ft Yerfc II. DLL*Viia, J M. ftr aiVr,wairar ltd Iti C'#*/, ft 39 Pitman Publi.Hn Onft.. Nr* Ytirk IV37 12 VmMtt A J . T M Dn.v t,,d C p*rr pnmsmtmi tlodnf tf .likf'Mri* Uf.l JrrA. /ad //if cad Ox At.4 J 4 Ian JftJlJ. II Pi r*onal C-*rrr*ln-ndi lf CC.D . Cmlinf. P* * A*Imu. Vfiim Jr'inh Vfrirp. 14 L*\ ft 173 13 It* \r*a ft 879 18 Jritl\Tf*vt It T.. 0<i'M;.Md At-4ir!mr end /ad>. I1n.I*M.'.UHMi a*r11*ft4.81 S72. Ttir f,, V c.*mp..n* Si I*. Lvxrn K. N. Piil*ul>* **f A>!rn*n. J.lf.4 Jirk /ad H,p<tk : 113 |Urrli lA5.. 18 F-ri.rH*!. W C. F. .1 Vnr R. L C*w and Phiui Diih'i: A H-olll* of n*Drf*rn* 0:-n*n-n in r--n.ir%riit Nj\l Ynwh. J. /*d H\p. a* f-t .Y ft (Janwsr* 1948). 19 Tm<iwo. J C mkmu*v tn fwr ri'MIll M~iiMhimi. 8m (lanworr 17 |*ft3i Dvt and Dif. At, 4 J . 9 123 X*. Tun*****, ft. 123 21. Snitara W J and AAt,4 1 . ft 494 Xmcml^r 3. I*?K Dm. 22. MeCnr.Nn w T : F-Vf~*r* n** and Oi/tw^ ilturol MrmilirlNHOii, 8nr. A/>d J . ft 1^S7 .Noitmlar 24. 19821. . PUGET SOUND NAVAL SHIPYARD Bremerton, Washington Marine Pipe Covering and Insulating Shop 56 Kay 1961 FRODDEPTEREM P4800 (l) Reviewed and Approved 7-17-61 Colin W. Edwards Master Mechanic Shop 56 (Reviewing Official) ' i. x\ I\ MT-PWHD-008694 i / %y V / ) GENERAL SAFETY AND HEALTH PRACTICES For your personal.safety on the job, it is necessary that safety rules be followed at all times. Accidents of an unavoidable nature 'seldom occur. Host cases are caused by personal carelessness. The pipecoverer should be familiar with the General Safety Rules, published by the Shipyard. A few of the more important General Safety Rules, and some of the specific rules pertaining to your job, are listed as follows: 1. Use personal safety equipment provided for your protection. 2. Report any unsafe condition as soon as noted. 3. Never engage in horseplay or practical jokes. 4* Watch where you are going. 5. Heed warning signs. 6. Carry sharp instruments in a sheath. 7. Cut materials away from yourself, never towards you. 8. Do not pull towards your face when twisting wire with your pliers or sewing. 9. Always bend the ends of wire so that they will lie smoothly against the insulation. 10. Secure material and equipment so it cannot be knocked off when working from staging or above other personnel. 11. Do not pile material in passageways or hatchways. 12. Do not spread drop cloths over an opening or uneven surface. 13. Always keep one hand free when carrying material. 14. Handle amosite and glass materials carefully to avoid their dusts. 15. Goggles must be worn while working with silicate. 16. Power equipment can be extremely dangerous. Use great caution when working with the power knife, sewing machine, stapler, band saw, or sander. 17. Place scrap styrofoam or cork pieces over sharp fastening devices to prevent injury to co-workers during glass board installation. 25 MT-PWHD-008695 .c . 6. 18. Sprinkle amosite with water whenever possible to keep dust down. 19* See that your chest is I-rayod at least once a year to detect the possibility or silicosis or asbestosis. S' 1 -1 li MT-PWHD-008696 1 " ( -u m V 1 c INDUSTRIAL DUSTS r Characteristics of tho pipe covering and insulating operations in the shipbuilding industries are such that proper personal safety precautions must be adhered to at all tiines. Each individual pipe coverer and insulator employee is required to check out and use a respirator when working in insulating areas where there is any danger from exposure to harmful insulating dusts. Supervisors should insure ' that their men are properly protected at all times with proper, safety equipment and adequate ventilation. Supervisors are not relieved of responsibility by merely instructing their men to use safety equipment, they are obligated to follow up and insure that protective measures have been implemented for their crewTs health and welfare. ' Industrial dusts of all forms have long been thought of as a production evil. Sometimes taken quite seriously, and sometimes taken with a grain of salt, or we might add sardonically, with a micron of silicosis! . ` ; . Proper control of aIT harmful industrial dusts can be obtained only through the combined efforts of the workers and management working together to minimize exposures to critical dusts and fumes. The "old timer" or "smart character" may look on humorously as an informed and cooperating worker carefully adjusts his respirator before ripping off reams of amosite or asbestos piping insulation preparatory to a piping alteration. However, it will be the cooperating worker who will have the healthier pair of lungs at the end of the day. - While "Pneumoconiosis" is the technical term applicable for such infections as Miner's Asthma, "Miners Phythisis," "Grinder's Rot," and many others, "Asbestosis" and "Silicosis" are the two most harmful and common lung infections of the pipe covering and insulating trade. As of recent years these two diseases or infections had become important enough for the Naval Medical Department to compilo a health survey of all pipe covering operations in the construction of Naval vessels. Four shipyards were examined, two private yards, and two Naval shipyards, with the'following conclusions or analysis: The infectuous characteristics of insulating materials, such as di&tomaceous earth (a form of amorphous Silica), asbestos dust, glass or rock wool, and Magnesia, are harmful and do damage to the respiratory system when breathed in excessive and constant amounts. ' The nature of the pipe covering operations are such that constant exhaust ventilation must be maintained at the rate of 10 to 15 complete air changes per hour in critical areas where insulating materials are being cut by bandsaw, ground, mixed, or molded. All pertinent machines must be equipped with separate exhaust systems. 27 MT-PWHn-'nnRRQ7 v\vmi\vA v-ving CUT RU1RT N6U*3 SHOUMWG- UUvloPXPS. LVMPH NODE: D EVELOPE MENTS FROM BRE FVTtt \NG- HRR.MFU.L IHOU.STRIRU OUSTS. ' 28 MT-PWHD-008698 Further, all layout tables, sewing rooms, fabricating rooms, shop and ship compartments where insulating operations are taking place must be properly ventilated to provide 5 to 10 complete air changes per hour. "Asbestosis" and "Silicosis" result from breathing relatively long asbestos fibers, 15 to 75 microns in length or 3/1000 of an inch, complicated or further antagonized by additional particles of diatomaceous earth, and other insulating materials. An example of the lung structure with its delicate parts has been included to stress the importance of proper safety or health precautions while performing pipe covering and insulating operations. I 29 MT-PWHD-008699 LEGAL DEPT. AUG 'C'SH August 7, 1962 Hr* D. J. Beasmsr, Director Industrial Hygiene Division Medical Department Puget Sound iaral Shipyard Bremerton, Washington Be: {12$) Ml 26 June 1962 Dear Mr. Besanert Recently you requested certain information concerning potential health hasards of our product Insulkote Type ST. I have completed certain parts of the attached form which are applicable to this product. Basically* Insulkote is a material of the consistency suitable for troweling. It contains the following approximate percentages of materials. Asphalt - 60* Asbestos fibre - 15* Sand filler and slate - 2$% the asphalt is cut back with a petroleum distillate having a high boiling point so that it is not readily volatile. Very truly yours. Attach. cc: K. K. Ball1--' J. A. Souli, Seattle District Kenneth W. Smith. M.D. Medical Director MT-PWHD-008700 7// 1 Special Master Richard F. Broz 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8 IN RE: ) 9 WESTERN DISTRICT OF WASHINGTON' ASBESTOS LITIGATION 10 11 USA'S MOTION FOR A PROTECTIVE ORDER EARRING THE DEPOSITION OF DANIEL ) ERESSMER 12 f Pursuant to Fed. R. Civ. P. 26(c), the United States of 13 America hereby moves that the Special Master enter a protective , 14 order barring the deposition of Dan,iel Bressmer, which is' new 15 scheduled for 10:00 a.m. on Friday, April 20, 1984, in Seattle. 16 This deposition has been noticed by Pittsburgh Corning . 17 ..Corporation in the U.S. District Court for the District of Maine 18 and by Johns-Manvilie Corporation in the U.S. District Court for 19 the Northern District of California. Subpoenas compelling 20 Mr. Bressmer's attendance at this deposition have been or are 21 expected soon to be issued by the Clerk of the U.S. District 22 Court for the Western District of Washington. 23 As set out in the accompanying memorandum, Mr. Bessmer has 24 been deposed on several occasions in the past, is in failing 25 'health, and is the subject of a May 1983 protective order by the 26 1 Special Master intended to protect him against further deposition No I USA'S MOTION FOP. A 1 PROTECTIVE ORDER ... - 1 M*KM OBI).IX} MAR X? UNITED . STATES ATTORNEY S(2 ; 3600 Seafirst Fifth Avenue Plaza . j Seattle, V7A 98104 ! (206) 442-7970 . I MT-PWHD-008701 1 testimony. Accompanying this motion is a letter from Dr. Sandri, 2 a physician at the U.S. Naval Hospital in Bremerton, who examined 3 Mr. Eessmer on April 11, 1984, and found that Mr. Bessmer has 4 high blood pressure and has recently experienced irregular heart 5 teats and dizziness. Further, Mr. Bessmer is experiencing 6 considerable emotional distress in connection with the recent 7 discovery of enlarged lymph nodes (a biopsy will be performed 8 three days before the scheduled deposition). Dr. Sandri ... 9 recommends that Mr. Eessmer not: he subjected to the additional 10 stress he is likely to experience curing further deposition 11 testimony, for this would "adversely affect" his health. 12 DATED this /If-- day of AnJL, 1984. 13 14 - 15 16 Respectfully submitted, RICHARD K. WILLAF.D Acting Assistant Attorney General GENE S. ANDERSON United States Attorney ' 17 CHRISTOPHER L. PICKRELL Assistant U.S. Attorney 18 PETER A. NCR7INSKI 19 Special Litigation Counsel | Torts Branch, Civil Division i 20 21 22 H. MICHAEL SEMLER ROBERT N. KELLY 23 JOANN BORDEAUX Trial Attorneys, Torts Branch 24 Civil Division . U.S. Department of Justice 25 Washington, D.C. 26 UNITED STATES ATTORNEY .j USA'S MOTION FOR A 3600 Seafirst Fifth Avenue Seattle ' MT-PVVHD-OOi OIS3 PROTECTIVE ORDER \K ~ 1 Special Master Richard F. Broz 2 3 4 5 6 UNITED STATES DISTRICT COURT V.'E STERN DISTRICT CF WASHINGTON 7 AT SEATTLE 8 IN RE: 9 WESTERN DISTRICT OF WASHINGTON ASBESTOS LITIGATION 10 11 ) ) MEMORANDUM IN SUPPORT OF ) MOTION EY UNITED STATES ) FOR A PROTECTIVE ORDER ) EA.RRING THE DEPOSITION OF ) DANIEL BRESSMER 12 Daniel J. Bessr.er is a former industrial hygenist at the 13 Puget Sound Naval Shipyard who is ncw 67 years old and retired 14 He has been deposed on at least three occasions in asbestos 15 litigation, including a videotaped deposition noticed in the 16 Western District of Washington. On May 12, 1983, Special Master-. 17 Broz entered an order providing that Mr. Bressmer (and three 18 other current or former hygenists at PSNS): 19 shall not be subpoenaed to any further depositions, perpetuation or otherwise, 20 or to any asbestos trial to be held in this jurisdiction by any party, except 21 upon prior application and order of the " Court or the Special Master for good 22 cause shown. 23 Order for Videotaped Perpetuation Depositions of Certain Federal 24 |Witnesses, May 12, 1983, page 5 (a copy of page 5 is attached to 25 :this memorandum as Exhibit A). The unambiguous intent of this |order was to spare MrwBessmer from repetitive and burdensome 26 I : -MEMORANDUM IN SUPPORT : OF MOTION BY U.S. FOR A D'lXl , PROTECTIVE - UNITED STATES ATTORNEY j 3600 Seafirst Fifth Avenue Plaza Seattle. w* aom* . ` MT-PWHD-00871 1 depositions. This type cf protection was necessary, in part. 2 because Mr. Bessmer has found the deposition process extremely 3 stressful and damaging to his physical and emotional health. 4 The protective order cf May 12, 1983, appears to bar the 5 issuance of a subpoena compelling Mr. Eessmer to attend any 6 deposition to be held in this jurisdiction, regardless of where 7 the case is filed. However, whether or not this is the correct 8 reading of the protective order, the April 20 deposition cf 9 M.r. Bessmer must be quashed because to held the deposition would 10 seriously endanger fir. Eressner's health. Accompanying this 11 memorandum as Exhibit E is a letter from Dr. P. F. Sandri, the 12 Chief of the Internal Medicine Department at the U.S. Naval 13 Hospital in Bremerton, who examined Mr. Eessmer on April 11, 14 1984; Dr. Sandri found that Mr. Eessmer was experiencing''high 15 blcoc pressure and had reported an irregular heart beat and 16 dizziness. Further, on Thursday, April 17 (three days before the 17 noticed deposition) Mr. Eessmer is scheduled to undergo a biopsy 18 to determine whether recently-discovered enlargement of the lymph 19 nodes in his neck will require surgery. The possibility that he 20 may have cancer has, of course, greatly disturbed Mr. Bessmer and 21 placed him under intense emotional stress. For these reasons. 22 Dr. Sandri specifically recommended that Mr. Eessmer "not take 23 part in the depositions" because the additional stress associated 24 with these depositions "would adversely affect" his health. 25 26 MEMORANDUM IN SUPPORT CF MOTION BY U.S. FOR A D-lX.l '-k * < . PROTECTIVE ORDER . 2 3G00 UNITED STATES ATTORNEY Seafirst Fifth Avenue Plaza Seattle, WA 98104 (206),442-7970 - \; MT-PWHD-008704 0J 1 Clearly, Mr. Eessiaer should not be compelled to attend a 2 deposition under these circumstances. Pittsburgh Corning 3 Corporation and Johns-Manvilie Corporation, the noticing parties, 4 have been advised of fir. Bessmer's condition. Johns-Manvilie 5 Corporation has agreed net to oppose this ncticn. Pittsburg 6 Corning Corporation has not yet indicated whether it will oppose 7 this motion. Consequently the United States requests that the 8 Special Master immediately enter a protective order quashing the 9* April 20 deposition of Mr. Bessmer. 10 DATED this /3 K dav cf /Lw& , 1934. ------------- - -------------- ^--------------------------------------------------- 11 Pespectfully submitted, 12 RICHARD K. WILLARD Acting Assistant Attorney General 13 GENE S. ANDERSON 14' United States A.ttorney ' 15 CHRISTOPHER L. PICKRELL Assistant U.S. Attorney 16 PETER A. NCWINSKI , 17 Special Litigation Counsel ' Torts Branch, Civil Division 18 19 (/. 20 . 21 ' 22 23 H. MICHAEL SEMLER ROBERT N. KELLY JOANN BORDEAUX . Trial Attorneys, Torts Branch Civil Division U.S. Department of Justice Washington, D.C. 24 25 26 MEMORANDUM IN SUPPORT OF MOTION EY U.S. FOR A i..: h i PROTECTIVE ORDER ... - 3 * 3600 UNITED STATES ATTORNEY Seafirst Fifth Avenue Plaza Seattle, WA 98104 (206) ^42-7970 MT-PWHD-00870E I 1 2 3 4 -t i ee 5 IT IS FURTHER CEDEF.ED that witnesses Roger R. Beckett, 6 Daniel J. Eessner, Robert A. Kieffer, and Carl A. Mangold shall 7 not be subpoenaed to any further depositions, perpetuation or 8 discovery., cr to any asbestos trials to be held in this 9 jurisdiction by any party, except upon prior application and crde: 10 of the Court cr the Special Master for good cause shown. 11 '.7 IS FURTHER CFLcr.ED that the United States Attornev for the 12 Western :f Washington shall serve copies of this Order 13 iteration cases 14 sending in this jurisdiction, and shall file proof of such service. II15 __ / " DATED this /uU'Tiay 16 1 , 19 3 . " 17 ___ Hi R1 CrL-.RD F. ERCZ 18 Soecial Master 19 20 Pr es e.nted tv: 21 1A P 22 ./L-tGENE S. ANDEP-SON 23 United States Attorney By: ' CHRISTOPHER L. PICKEELL 24 Assistant U.S. Attorney 2S 26 27 Page 5 - ORDER FOR VIDEOTAPED PERPETUATION 8 DEPOSITIONS OF CERTAIN FEDERAL WITNESSES UNITED STATES ATTORNEY 3-11 ' '. 3600 Seafirst Fifth Avenue Plaza Seattle, WA 98104 ; (206) 442-7970 MT-PWHD-0f)R7nfi NAVAL HOSPITAL ER :rto:: , ASH INGTO 9g 3i 4 T-ICZL J. EESSMER fc / AU s in-'ji'iwE BLVD N . W. 692-296: (MR. DANIEL EESSMER) CODE:PFS:kk ' 6320 11 April 1984 Dear Mr. Eessmer, ; ... On physical examination today, I noted mild hypertensive changes. According to your history, you have experienced extra heart beats (palpitations) and dizziness with the recent stress of events. In view of these facts and with the proposed lymph node biopsy that is scheduled for 17 April, I recommend that you not take part in the depositions that have been scheduled. I believe these would adversely affect your health. This letter contains information of a private nature. This information may be used by you as you deem necessary. Sincerely, CART MC USN Chief, Internal Medicine Department MT-PWHD-00870/ 4 1 Special Master Richard F. Eroz 2 3 4 5 6 UNITED STATES DISTRICT CCUPT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8 IN RE: 9 VIE STERN DISTRICT OF WASHINGTON ASBESTOS LITIGATION 10 11 ) ) ) CERTIFICATION OF ) SERVICE ) ) 12 The undersigned hereby certifies that he is a Trial Attorney 13 with the Department of Justice, Tcrts Branch, Civil Division, 14 Via shine ten, D.C. 15 That cn April 13, 1984, I served a copy of USA's Motion for 16 a Protective Order Earring the Deposition of Daniel Eresscer and ' 17 Memorandum in Support of Motion by United States for a 18 Protective Order Barring the Deposition of Daniel Bressner to the 19 persons hereinafter named by: (i) hand-delivering a copy of 20 these documents to Garvv, Shubert, Adams & Barer, Bank of 21 California Center, Seattle, NA 98164, and (ii) placing said 22 copies in the United States mail, pos-tage prepaid, addressed as 23 follows: 24 Richard J. Hilfer Bangs, Castle, Schnautz & Hilfer 25 6714 Boylston Avenue East Seattle", VIA 98102 26 : IMtO *, k v t certtptct,mi- -- UNITED STATES ATTORNEY 3600 Seafirst Fiftk*- Avenue - MT-PWHD-008 0 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 Billett, Comfort & Taccir.a Mall Office Suite 301 Taccir.a, VIA 9840 9 Fcsenow Euilaing . /* Williams, Lanza & Kastner 140 Washington Building Seattle, WA 98111 Stafford, Frey & tiertel 400 Union Street Seattle, WA 98101 ** t ' Perkins, Coie, Stone, Olson & Williams 1900 Washington Building Seattle, WA 98101 Carney, Stephenson, Bradley, et Park Flace Building, 17th Floor Sixth & University Seattle, WA 98101 al. t Lee, Smart, Cock, Martin & Patterson 400 Washington Building Seattle, WA 98101 - Karr, Tuttle, Koch, Campcell, Mawer St Morrow, F.S. 1111 Third Avenue, Suite 2500 Seattle, WA 98101 Merrick, Hcfstact St Lindsay 700 Ninth Avenue Seattle, WA \ / Steven Johnson Gibson, Dunn Sc Crutcher 520 Pine Street, Suite 1612 Seattle, WA 98101 Robert Batson Legal Department Manville Corporation P.0. Box 5723 Denver, CO 80217 Michael Rugen Keller, Ehrman, Wright St 44 Montgomery Street San Francisco, CA 94104 MCauliffe / 1 1 1 ii H>kM " CERTIFICATE OF SERVICE - 2 UNITED STATES ATTORNEY 3600 Seafirst Fifth Avenue Plaza j i Seattle, WA 98104 ('206'! *42-7070 . | 1 MT-PWHD-008709 1 Robert Andre Ogden, Ccden & Murphy 2 2300 Weston Building Seattle, WA 98121 3 EXECUTED on April lit?' 1984, at Seattle, Washington. 4 I declare under penalty of perjury that the foregoing is true 5 and correct. 6 7 ft- SkJ~ E. MICHAEL SELLER 8 Trial Attorney, Torts Branch Civil Division 9 U . S . Departnen t of Justice P.G. Ecx 340, Her. Franklin Station 10 Washinatcn, D.C. 20044 (202) 724-6853 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 K>RM nH()-,Kl - r* * at? UNITED STATES ATTORNEY 3600 Seafirst Fifth Avenue Plaza Seattle, WA 98104 , ~ ~ ^ * r.- -------- MT-PWHD-008710 U.S. Department of Justice HMSemle r:dms Washington. D C. 20530 202-724-6715 May 18, 1984 Robert G. Andre', Esquire Ogden, Ogden and Murphy 2300 Western Building Seattle, Washington 98121 Re: Daniel Bessmer Dear Mr. Andre 1 : As I stated to you during our telephone conversation this afternoon, on May 16, 1984, I spoke with Mr. Bessmer and his physician, both of whom informed me that Mr. Bessmer does have cancer. The exact type and severity of his illness will not be known for approximately two weeks, when the laboratory materials return from the Armed Forces Institute of Pathology. I intend to contact Mr. Bessmer's physician again during the first week in June and will provide you with any additional information available at that time. Very truly yours, H. MICHAEL SEMLER Trial Attorney Torts Branch, Civil Division cc: Charles Israel, Esq. Rivkin, Leff, Sherman & Radler 100 Garden City Plaza Garden City, New York 11530 MT-PWHD-008711 /J -Wfcx?/-/ Manville Corporation Ken- Caryl Ranch Denver. Colorado 80217 303 978-2000 Manville February 12, 1985 Bruce N. Bagni, Esq. Scott Austin, Esq. Torts Branch Civil Division United States Dept, of Justice P.O. Box 340 Washington, D.C. 20530 Re: Daniel Bessmer Depositions to be used Dear Mr. Bagni, Please refer to the letter from R.L. Polk to you and Mr. Austin on August 22, 1984 outlining the agreement between JM and DOJ related to JM's cancellation of the Daniel Bessmer deposition, in light of the fact that each of Mr. Bessmers depositions contain different facts, we have decided to designate the other three Bessmer depositions in addition to the one that has already been designated of 5/31/83-6/1/83. The other depositions that we are designating at this time include: St. Jacque v. Johns-Manville, 1/7/80 (Dept, of Justice-R. Caplane); Asbestos Cases-Washington, 6/10/80 (Dept, of Justice-C. Pickrell, US Atty); Asbestos Cases -California, 3/11/82 (Dept, of Justice-R. Caplane, C. Pickrell, US Atty). Should you have any questions or canments please contact me as soon as possible. Mo*- R.D. Batson Senior Litigation Counsel cc: Clark Burnhan P. Moore R^Andre .L. Marsh R.L. Polk RDB/ks S) IX MT-PWHD-008712 REVIEW OF INDUSTRIAL HYGIENIST DEPOSITIONS FOR WORLD WAR II SHIPYARD INFORMATION October 31, 1986 P^op TWO, In a 1/5/81 session with the lawyers, Kindsvatter covered some of the same ground. He indicated that while at Philadelphia in 1942 the five hygienists "split up" the yard and concen trated their work in certain areas. Due to prior experience with silica, Kindsvatter spent his time in the foundry. He did a study of the air in the foundry and noted that local exhaust was being employed. Respirators and chest x-rays were also in use against silica. While he was aware of asbestos at this time, he said he didn't have much contact with it. Depending on the size of the shipyard, Kindsvatter indicated that either a single hygienist or a group would survey the particular yard they visited when working for Drinker. His discussion of his time at Portsmouth included the fact that he was the only hygienist there during the period. Also of import was that the hazards were different there because subs were being built. The use of radium being the primary one (to paint the various dials on the subs). In a transcript of a 4/2/84 deposition, again his time at Philadelphia in 1942 was discussed. He visited all the shops in the yard and was aware the pipe shop used asbestos. He was aware that industrial hygiene hazards could be controlled by substitution, ventilation, isolation of the work or personal protective devices. He worked in the foundry because he had previously authored a silicosis paper. He could not remember if; tihe workers were being periodically examined during the war for lung problems. His memory about his shipyard surveys for Drinker was poor. He couldn't remember the "minimum requirements", whether he made reports of the shipyard visits, any details of the visits or the substance of any talks with Drinker. He did say that he participated in an initial survey at Bath Iron Works. He said that while at Portsmouth, his surveys included the insulation shop. The other depositions shed no additional light on Kindsvatter's activities during World War II. The one deposition of Ernani Storlazzi contained some infor mation about his World War II career *4/13/84). It should be noted that this particular deposition gave me the impression that Storlazzi wasn't all there, so what he said has to be taken with a grain of salt. REVIEW OF INDUSTRIAL SHIPYARD INFORMATION October 31, 1986 Paae Three HYGIENIST DEPOSITIONS FOR WORLD WAR II He joined the Navy in June of 1941 after having worked for the state of Massachusetts and done some teaching at Harvard in the area of industrial hygiene. From August 1941 until early 1942 he was at Philadelphia Naval Shipyard. His superior at Philadelphia was Connolly. He said that he was the first hygienist on active duty in the Navy. He set up the lab at Philadelphia, then visited the various shops, determined which operations were hazardous and gave advice about them. He saw asbestos being worked with either in the shop or on ships. Respirators were available but were not used much. Kindsvatter later joined his staff, along with a man named Trumper. He worked for Drinker and the Maritime Commission from 1943-45, working the east coast with Sessions and Kindsvatter initially. He had known Drinker previously, having been a student of his at Harvard. Before starting with the contract shipyard inspections, he participated in the creation of the "Minimum Requirements for Contract Shipyards" in late 1942 in Chicago. They visited many of the 120 yards on the east coast including Fore River and Bach. All the shipyards he visited had a pipe covering shop. During this period Storlazzi remembers recommending that respirators be worn when working with asbestos or around it. The latter recommendation applied to work being done aboard ships. They gave talks to the workers about the danger of asbestos and respirators. He could not remember which yards he specifically did this at, and appeared to be referring to giving general safety advice rather than specific asbestos related instructions. Finally, he testified that he discussed the Fleischer-Drinker report with the authors related to shipboard ventilation and its installation. Fred Viles was a hygienist at Boston Naval Shipyard. The one Alexander Munton Reposition (6/30/83) was one of the most sparse when it came to details of his service during the war. Most of the questioning related to his training at Columbia and who were in the classes with him. He pointed out that he initially worked at San Diego Naval Shipyard and later for the rest of the war at Pearl Harbor. The only comments he made about Pearl Harbor was that repair work was primarily done there. MT-PWHD-008714 REVIEW OF INDUSTRIAL SHIPYARD INFORMATION October 31, 1986 Page Four HYGIENIST DEPOSITIONS FOR WORLD WAR II Guido Rosati testified in a three day "extravaganza" and did mention his wartime experiences (6/21-3/82). He was commissioned in early 1942 and his first post was at Mare Island (along with Daniel Bessmer). He then attended the IH course at Columbia for three months. Following this he was assigned to the Naval Torpedo Station at Keyport, Washington and later to Philadelphia NS. He returned to Mare Island in December of 1945 and was released from the service in 1946. When he arrived at Mare Island in 1942 they were just setting up the industrial hygiene lab. On his arrival Dr. 3ulgrin was in charge of Bessmer, Walstaff, Maldy and himself. Following his time at Columbia and Keyport he served at Philadelphia. When he got to the latter, there was a naval physician in charge and two other hygienists. The latter two left later and Rosati was the only IH until Max Trumper arrived. In December of 1945 the IH at Mare Island included J. Norton (who later returned to his job at J-M), Jackson, Ege, and Morgan. Rosati also said that he saw the large IH survey of the entire shipyard that Washington had directed all yards carry out during the war (maybe the one Bessmer participated in). I reviewed two transcripts of testimony given by Jamesn* Morgan. In one dated 12/26/86 he discussed his education at Harvard in 1942. As part of this training they visited shipyards, factories and other locations where industrial hygiene hazards were located. He joined Drinker's shipyard survey and worked on the gulf and west coasts. Besides surveying the various shipyards, he was also involved with a project to work out a scheme to provide temporary ventilation during the building of a ship from start to finish. In 1945 he was assigned to Mars Island which was starting to do increasing amounts of repair and overhaul work (as opposed to building). They employed temporary ventilation and per sonal protective devices to protect the workers. Asbestos ripout was being done regularly and there was also a fabri cating shop where asbestos was used. Local exhaust ventila tion was used in the shops and there was a medical surveil lance program. The hygiene staff used impingers to do dust counts and applied a 5mppcf standard. He was on board ships when ripout was being done. It was his impression that respirator use was better in naval establishments than in contract shipyards. MT-PWHD-008715 REVIEW OF INDUSTRIAL SHIPYARD INFORMATION October 31, 1986 Page Five HYGIENIST DEPOSITIONS FOR WORLD WAR II As I mentioned earlier, Morgan's 11/2/84 trial transcript was probably the only one that spent much time on his World War II experiences. Since most of the deposition relates to this I will try to keep things brief. He joined the Maritime Commission shipyard survey group in order to determine com pliance with the "minimum requirements". This group started their surveys in the Oakland area. At this point this group comprised hygienists Morgan and Ross, and also a safety man and doctor. The safety man was responsible for his baliwick, while the doctor checked the hospital facilities. Following a survey, they would prepare a report and discuss it with either the resident plant engineer (for maritime commis sion yards) or the Supship or his representative (for Navy contract yards). During his deposition Morgan discussed several incidents that had occurred during his tenure with the Maritime Commission (demonstrating a remarkable memory). In 1944 he was trans ferred to the gulf coast. They went to Brown Shipbuilding in Houston and found the Supship absent (this Supship also covered Orange until 1945). Apparently the "fill-in" for the Supship had no idea about the minimum requirements and Morgan had to show them to him to get into the yard. They found problems with asbestos in the insulating shop where the ex haust hoods were not working well and wet down was not being used. It should be noted that a quick review of the report of this visit (which Morgan said he had not reviewed) revealed no mention of asbestos at all. The problem with the exhaust hoods was related to the welding area. At another shipyard in Oregon, Morgan's team had also found asbestos problems and left word with the state division of health to take dust measurements to monitor the situation. He indicated that sometimes they would coordinate with the local officials to get things done. During these surveys, Morgan said that recommendations re lated to asbestos controls might include: 1) segregation, 2) exhaust ventilation, 3) wet down, 4) housekeeping, 5) respirators, 6) periodic examinations. He said that the conditions in the yards were very crowded with many trades working together on board the ships. Which recommendations were made would depend or> the particular shipyard. MT-PWHD-008716 REVIEW OF INDUSTRIAL SHIPYARD INFORMATION October 31, 1986 par.o c i HYGIENIST DEPOSITIONS FOR WORLD WAR II He never saw any ripout in the yards he surveyed, but saw some later in naval shipyards. The only yards they went to were contract shipyards. The primary concern of the hygienists during a survey was on the eight diseases set out in the "minimum requirements". There was also a discussion (on cross examination) about his survey at Harbor Island Washington (that apparently had some asbestos problems) related to sloppy report preparation. Seymour Levinsdn did two depositions but very little was revealed about his World War II experiences. In his 11/9/83 deposition he commented that he thought that Goldwater had developed the curriculum for the Navy IH course at Columbia because he had been a professor there. He also admitted having some contact with asbestos while at Charleston during the war. He was a little more knowledgable at a deposition on 3/26/79 (I thin1: he got "Mark's disease" in between). He said he at Brooklyn and Charleston during the war and both had pipe shops. He said he made dust checks at Charleston. He com mented that he was able to get the necessary equipment for his lab at Charleston during the war under the authority of a certain wartime order. Daniel Bessmer's depositions mentioned his World War exper iences, but only in the usual cursory fashion. In his first deposition dated 1/7/80 he gave the most detail. He said that starting in the 1940's he found his biggest problem was getting the oroduction departments to follow his recommenda tions. He said he first noticed this when he would recommend respirators and no one would listen. His first post during the war was a 3 month stint at Mare Island that was spent setting up the lab. When he got there there had been no previous industrial hygiene program. In June of 1942 he went to Columbia, returning to Mare Island later that year. During this latter 6 month period the staff carried out the shipyard survey that was subsequently "emascu lated". Respirators were available in the yard at this time. From March to September 1943 he was at Brooxlyn acting as the sanitation officer (checking sewer connections and dish water temperatures). MT-PWHD-008717 REVIEW OF INDUSTRIAL SHIPYARD INFORMATION October 31, 1986 Page Seven HYGIENIST DEPOSITIONS FOR WORLD WAR II He then was assigned to Pearl Harbor until near the end of the war. He did standard industrial hygiene work there, including work on lead absorption and regular surveys. He was aboard various ships but did not remember any specific contacts with asbestos. Roland 3yrd was also there working with him. Pearl Harbor was doing all repair work at that time. He used the MAC of the ACGIH while he was at Pearl Harbor. He did not remember doing dust counts at either Pearl Harbor or Brooklyn but he probably did them at Mare Island. 3essmer testified to many of the same things in his 3/11/82 deDosition. The additional facts that came out were that the shipyard survey that he was involved in at Mare Island was at the request of BuMed (all naval shipyards had to do one). His contribution to the survey was inspection of the foundry and machine shop. He saw sand blasters and propellor grinders wearing respirators while at Mare Island. The other depositions also "rehashed" the emasculated survey story and brought out little else that was new. He did say the Mare Island survey covered the entire yard including probably asbestos. . So the total knowledge about shipyard conditions during the war is not very great. Possibly if it had been looked into more it could have been brought out but the passage of years probably have dimmed most memories. Kindsvatter and Storlazzi were at our test shipyards (Philadelphia and Fore River) but getting additional information from the time is problemat ical. What about the J-M employee Norton discussing Mare Island? Rosati also was at Philadelphia for an extended oeriod so he is also a possibility. SCS:Dlb 10-31-86 MT-PWHD-008718 ul Johns-Manville Internal Correspondence To: From: Copies: Subject: Joel Varnell 2-20 Nan Bridgforth 2-20 Date: March 26, 1982 ; 0Bob Andre 2-19 d. H. Markusson 2-20 DEPOSITION OF DANIEL BESSMEB/TAKEN ON MARCH 11, 1982 IN CONNECTION WITH T ISLAND AND OTHER NORTHERN CALIFORNIA SHIPYARD CASES Please review the attached deposition summary prepared by Steve Marden which gives us a good picture of what was going on in Puget Sound Naval Shipyard between 1949 through 1972. I would like you to be prepared to discuss the outlining of a comprehensive discovery program with respect to Puget Sound Naval Shipyard at a meeting scheduled for Monday, March 29, 1982 at 9:00 a.m. in the North Point conference room, second floor. V\)&&T Sou/vD T3-es5 /i*M Attachment/ MT-PWHD-008719 A. J. MOORE, JR. ROBERT C. CLIFFORD ANDREW P. WOLFE DAVIO O. LARSON MERMAN A. TRUTNER CLARK J. BURNHAM J. JAY SCHNACK NICHOLAS ARACIC GREGORY DAVID BROWN GEORGE J. ZlSER DENNIS* P. G1LOEA ERIC R. HAAS SCOTT C. FINCH LINOA A. COMPTON ROBERT J. LYMAN WALTER C. RUNDIN III STEVEN M. MARDEN MARKO HOLLAND FONG CHERYL ISELE law offices or MOORE, CLIFFORD, WOLFE, LARSON TRUTNER A PROFESSIONAL CORPORATION 20M9th STREET OAKLAND, CALIFORNIA 94-612 Telephone (aib) 444-6600 March 19, 1982 LINCOLN RODE OF COUNSEL WALTER J. CANNADY OF COUNSEL HOWARD S. RODE (1907-1973) A. H. MOFFITT, JR. (1906-1969) JOHN L. MOORE (1944-1970) PLEASE RESPOND TO (415) 839 - 5281 Mr. George F. Evan^ Executive Office Johns-Manvilie Corporation P.O. Box 5723 Denver, Colorado 80217 I'l.-ii ... . ^ 1 J.u Re: Deposition of Daniel Bessmer Dear Mr. Evans: Please find enclosed the extensive deposition summary regarding the testimony given by Daniel J. Bessmer on March 11, 1982. I apologize for the length of this summary, but in light of the important testimony given by Mr. Bessmer, I. felt it was necessary to discuss in detail the entire substance of his testimony. As I mentioned to you by phone, down-draft tables were used in the shop for Amosite pads throughout Mr. Bessmer's employment at the yard. From the beginning he recommended that respirators be worn by asbestos workers whenever TLV's were exceeded. The dust counts that he took did show on occasions that the TLV's were exceeded. However, these occasions occurred infrequently and no employee's exposure ever exceeded the time-weighted average. In the early 1960's, Mr. Bessmer became concerned . regarding the possible health hazards of asbestos and began \ his own epidemiological survey of the workers at Puget Sound. After 1965, Mr. Mangold and Mr. Beckett were primarily responsible for the completion of the survey and the prepar ation of both the 1968 and 1970 reports. However, Mr. Bessmer did have the ultimate right of editorship. Beginning in the late 60's, the Production Department \ finally began to enforce asbestos control measures. Respirators were required, an educational program was set up and housekeeping methods were initiated to control excess asbestos exposure. The 1970 report thoroughly discusses the protective measures instituted at Puget Sound. The division of BUMED responsible for industrial hygiene in the Naval shipyards was, in Mr. Bessmer's words. MT-PWHD-008720 Mr. George F. Evans March 19, 1982 Page two very small. The witness did have some contact with Commander Barboo, Dr. Rosenwinkel and Dr. Lawton. It appears, however, \ that Mr. Mangold was BUMED's prime contact at Puget Sound for the asbestos control program. In 1970, Mr. Mangold traveled East and may have presented a paper at Mt. Sinai on the asbestos control program at Puget Sound. We also learned that BUMED did have a system of distribution of information between various Naval Shipyards. Each industrial hygiene branch was responsible for providing quarterly reports to BUMED. The information contained in these reports was reviewed and then summarized by BUMED and distributed to the other shipyards by way of the quarterly newsletter. I suggest that we make every attempt to obtain copies of these quarterly reports from each shipyard and ' BUMED's quarterly newsletter. Mr. Bessmer was a good witness. He presents himself as a qualified Industrial Hygienist who did constant battle with the Production Department in trying to get them to enforce the asbestos hygiene measures. Unfortunately, production was more concerned with getting the boats out than taking time to follow good industrial hygiene practices. \ This was the problem that all Industrial Hygienists had at each naval shipyard. Mr. Bessmer has given us a good basis upon which to direct our discovery against the U.S. Navy. I will be in contact with you by phone after you have had the opportunity to review this deposition summary and discuss how we want to approach the Navy. If you have any questions or comments, please feel free to contact me at your earliest convenience. Sincerely yours, MOORE, CLIFFORD, WOLFE, LARSON & TRUTNER Steven M. rlarden SMM/glm Enclosure cc: Mr. Robert Andre Mr. Steven Hoch Mr. Lee Cochran Mr. Michael Montgomery Mr. Michael Rugen MT-PWHD-008721 yy Manville Internal Correspondence To: R. D. Batson 2-20 L. A. Gaul From: M. R. Lohmann j Copies:j^^B. J. Diemer Dae: May . 21, 1985 Subiect: Daniel J. Bessmer Depositions of 1/7/80; 3/11/82; 6/10-11/82; 5/31/83 and 6/1/83 References to Medical/Scientific/Technical papers, Journals and Conferences Pursuant to your request, I have reviewed the above referenced depositions of D.J. Bessmer to determine what medical, scientific and technical publications Bessmer was aware of and when. I have also listed the associations with which he had been affiliated and active and any conferences he specifically mentioned as having attended. There were some articles and publications that I have listed in which he mentioned that he was not familiar and I thought you may be interested in being aware of this information also. PUBLICATIONS Deposition of 1/7/80, p. 181: During the years 1940 Bessmer subscribed to the American Industrial Association Journal. Some subscriptions received shipyard included: to '60, Hygiene at the Journal of the American Medical Assoc. Journal of Industrial Medicine Industrial Hygienist's Index (Hygiene?) Journal of New England Medicine Deposition of 3/11/82, p. 40; May 31, 1983, p. 30: In addition to above, included: (PSNS subscribed to) Journal of Industrial Hygiene and Toxicology Journal of Occupational Medicine (?- may be same as J. Of Industrial Medicine) Journal of the American Industrial Hygiene Assoc. Deposition of 6/10/82, p. 149; 5/31/83,'pp. 30, 55; 1/7/80 pp. 92, 93; 3/11/82, pp. 46, 47, 48: Regularly received Safety Reviews published by USN Bureau of In dustrial Relations. Familiar with Safety Review dated 10/1962, Vol. 10, p. 10, article on Asbestosis, prepared by Capt. H.M. Robbins and W.T. Marr, LBNS Industrial Hygienist. Bessmer recalls reading in 1962 probably. (Attach.) Y ty MT-PWHD-008722 -2- Depositions of 3/11/82, p. 46; 6/10/82, pp. 108, 11: Industrial Hygiene Newsletter (Bessmer wasn't sure of the name) published by BuMed and distributed to all industrial hygienists. Initially published monthly-probably changed to quarterly in the late 1 50' s. Quarterly reports from the shipyards were the basis for the newsletter (they would not be watered down). Reports from shipyards had a statistical portion dealing with x-ray abnormalities. BuMed newsletter started in the 1950's. Deposition of 5/31/83, p. 58: Believes PSNS started subscribing to the Public Health Reports after Bessmer came to PSNS (1950). Deposition of 1/7/80, pp. 11, 138: "Green sheets" (Exhibits B-l and B-2, attach.) - Bessmer doesn't recall receiving any other than these two exhibits. ORGANIZATIONS American Industrial Health Association Depositions of 1/7/80, pp. 90, 108, 109, 180, 117; 3/11/83, p. 30, 31, 113; 5/31/83, p. 67 Bessmer joined in late '40's or early '50's - still an emeritus member. Regularly attended their conferences, but not all. Was an officer of the Pacific NW Section President in 1968. Bessmer present at the annual meeting at Richland, WA, on 10/3-4/68. Report by Mangold, Beckett and Bessmer, dated 8/68, entitled, "Asbestos Exposure and Pulmonary X-Ray Changes to Pipe Coverers and Insulators at PSNS" was presented at this meeting. Attended an AIHA conference in St. Louis sometime before 1970. American Conference of Governmental Industrial Hygienists Depositions 1/7/80, pp. 108, 109, 182; 3/11/82, pp. 30, 31; 5/31/83, p. 67; 6/1/83, p. 45. Bessmer joined about the same time as AIHA (late ' 40' s or early '50's). Regularly attended their conferences, but not all. Still an emeritus member. Does not -remember whether he attended the ACGIH conference that was held in 1964 where Marr presented his paper, "Asbestos Exposure During Naval Vessel Overhaul." MT-PWHD-008723 3- - American Academy of Industrial Hygiene Depositions 1/7/80, pp. 108, 109; 3/11/82, p. 31; 5/31/83, p. 67. Bessmer joined sometime around 1956 (didn't exist prior to that). Still belongs. They did not put on conferences. Naval Industrial Hygiene Association Depositions 5/31/83, p. 67; 6/10/82, pp. 13, 14. Bessmer one of the founding members. Bessmer believes it started in the 1960's. "We presented technical papers." If these still exist, they would be in the files of the Industrial Hygiene Div., PSNS. ARTICLES "Asbestos Exposure and Pulmonary X-Ray Changes to Pipe Coverers and Insulators at PSNS," by C.A. Mangold, R.R. Beckett, D.J. Bessmer, Ind. Hyg. Div., PSNS, Bremerton, WA, August, 1968, presented at annual meeting of the Pacific NW Section of the AIHA, Richland, WA, on 10/3-4/68. 1/7/80, p. 102; 5/31/83, p. 107: Studies for this report started in the early 1960's (1961) to determine the extent of asbestos hazards and its effects on people. 1/7/80, pp. 118, 119, 95, 96: Familiar at the time of publication with the references listed on p. 5 (references attached). Ref. 4: Report by Wm. T. Marr entitled 'Asbestos Exposure During Naval Vessel Overhaul' - Bessmer couldn't remember the year he received and reviewed - could have been in or around 1965. 6/10/82, pp. 150, 151; 3/11/82, pp. 48, 49 - Marr article published in Ind. Hyg. Journal, Vol. 25, No. 3, dated May-June, 1964 - Bessmer read shortly after publication. "Asbestos Exposure and Control," PSNS, Bremerton, WA (Rev. 11-70). Reviewed and approved 3/1970, /s/ W.F. Petrovic, R.Adm., USN, Cmdr. Authored by Mangold,-Beckett, Bessmer. 1/7/80, p. 10: Report of our findings when we finally discovered that we had a problem with asbestos. Published and available to the public. 3/11/82, p. 63 - Bessmer does not believe it was ever published in a trade journal - was sent to BuMed and copies went to some repository for publications of this type. MT-PWHD-008724 4- - p. 152: Familiar with references used in report. (References attached) #### 6/10/82, pp. 98, 99: Remembers reading some of Dr. Selikoff's first articles on asbestosis but didn't recall the titles. Believes he read them around 1969-70. (NOTE: 1/7/80, pp. 118, 119. Bessmer stated he was familiar with the references in his 1968 report at the time of publica tion. ) 1/7/80, p. 117: Never attended a meeting, seminar or lecture wherein Dr. Selikoff spoke. 6/1/83, p. 10: Not familiar with Selikoff's 1964 publication (offhand). 1/7/80, p. 164: Publications that were affixed (referenced) to Marr's report, Bessmer was NOT familiar with Nos. 6, 7, 9, 10, 13, 19, 20, 21, 22 - all the rest were made available to Bessmer at the date of publication. (AIHA Journal, May-June, 1964, Vol. 25, No. 3, attach.) 6/10/82, p. 161: Prior to 1960, Bessmer recalls being aware of an article published about 1946 with respect to asbestos studies. Remembers two of the authors: Fred Viles and R.L. Gade, the person Bessmer replaced at PSNS. Deposition of 5/31/83, pp. 56, 57, 58, 59: Bessmer NOT familiar with Merewether's and Price's report dated 1930; Gardner and Cummings' report in the Journal of Ind. Hyg. , dated 2/1931; Lanza, et al, Public Health report dated 1/4/35; and NR 1942 report published by USMC and the BuMines entitled, "Safety Standards for Private Shipyards. 5/31/83, p. 96: Bessmer never saw before today LBNS Medical Information Regarding Employees Exposed to Asbestos, Report of Dispensary Readings of X-Rays and Vital Capacity, dated 8/1/62. Deposition of 6/1/83, p. 64: Bessmer NOT -familiar with 1938 publication by the Public Health, called the Public Health Bulletin, entitled "A Study of Asbestosis in the Asbestos Textile Industry." 1/7/80, pp. 91, 165: Had NOT seen James Sheehan's report entitled "Discussions of Employment Investigations in the Early Detection of Asbestosis" before today's deposition. However, he is familiar with the four references cited on page 2 of this report. (Attach.) (Exhibit D to Dr. Watkin's depo.) MT-PWHD-00872 5- - 3/11/82, p. 172: Practices Manual literature at the possible hazards England. NOT aware of the American Stds. Safetyput out by BuMed in 1938 NOR of any turn of the century having to do with the presented by inhalation of asbestos in Depo. 1/7/80, pp. 14, 15, 16, 17, 176, 186; 3/10/82, p. 9; 6/10-11/82, pp. 17, 18, 19, 20 Bessmer took a 3-month course in industrial hygiene in 1942 at Delmar Institute Public Health, Columbia University, NY, sponsored by the Navy. Approximately 16 individuals attended the course at Columbia. Navy also held an industrial hygiene course at Harvard. Probably 42 individuals attended these courses. Some of the courses taught included: a general course in ventilation principles, skin diseases, industrial psychiatry, biostatistics, sanitation, air sampling, dusts and chemical analysis of hazardous materials. Dr. Flynn was head of the program at Columbia. Dr. Leroy Gardner, Saranac Lake Institute, was the instructor for the course pertaining to dusts. Topic of asbestos dust was discussed and also silica dust. Were shown x-rays of lungs with asbestosis and told of asbestos bodies in sputum. Were taught that continuous, long-term exposure to asbestos fibers during working hours which exceeded the MAC would produce a fibrotic condition to the lungs - very similar to silicosis - and that it was relatively benign. Respirators and ventilation systems were effective methods to reduce exposure to dust. Bessmer believed this class lasted no longer than j hour, or 1 day. Technical References TLV Depo. 1/7/80, pp. 33, 34: Up until the time Bessmer left PHNS (1945) "we" used the MAC as put out by the American Conference of the American Governmental of Hygienists ("we" meaning the industrial hygiene officers.) Bessmer did not believe the Navy had a requirement at that time. Bessmer believed the MAC was 5 mppcf. ' Depo. 1/7/80, p. 89, 90: BuMed Instructions (Ex. A thru P of G. Watkins depo.) The earliest date on these exhibits was 11/7/55 - Bessmer did not believe there was anything issued prior to this time by a U.S. government branch applicable to the U.S.N. Shipyard relative to TLV for asbestos. Bessmer believed the TLV for the period 1955 through and including the time period covered by the PSNS instructions of 5/22/69 relative to asbestos was 5 mppcf. MT-PWHD-008726 6- - Depo. 5/31/83, p. 79: In 1949 when Bessmer arrived at PSNS, the TLV was 5 mppcf as adopted and published by the ACGIH. Depo. 3/11/82, p. 117: Volume 3 of Dust Topics mentioned in S. Manning's letter to Bessmer of 10/15/68 - rings a bell with Bessmer, but he doesn't remember the publication. X-Rays Depo. 1/7/80, p. 50: When Bessmer was at LBNS (1947-49) there was a listing of occupations requiring periodic physical exams - this was in a regulation authored by the Navy or in the NCPI (Naval Civilian Personnel Instruction). Bessmer believed an annual chest x-ray was required for individuals who worked in and around asbestos. Depo. 3/11/82, p. 133: Bessmer familiar with NCPI - doesn't remember specific date in which BuMed wrote the particular chapter in which industrial hygienists were instructed to have asbestos workers have chest x-rays annually. M. M- M. rr 7T 7T Depo. 3/11/82, p. 161: Bessmer NOT familiar with Federal Personnel Manual, rules and regulations. Depo. 6/10/82, pp. 229-230: At PSNS, Bessmer was familiar with publications put out by Shop 56 entitled, "Marine Pipe Covering Insulating." One publication was dated May, 1961, reviewed and approved 7/17/61, and the other was dated May, 1961, revised and approved 6/30/66 - both were signed by Colin W. Edwards (head of Shop 56). (Both publications attach.) Depo. 1/7/80, p. 100: Somewhere in 1960, '61, BuShips put out a rule, regulation, instruction or order which Bessmer believed it said something about substituting other materials for asbestos - thinks fiberglass was one. Depo. 3/11/82, pp. 17, 18, 19; 1/7/80, p. 157; 6/10-11/82, p. 21: Received directive from BuMed (believed it was 1942) requiring that a complete industrial hygiene survey be performed (while Bessmer was at MINS)^. Results were put into a written report. Was required to be forwarded through channels to BuMed; however, it never got out of the shipyard. Was later condensed, "emasculated," and then it got off the shipyard. Bessmer did not personally survey Shop 56 - he presumed someone else did though. MT-PWHD-008727 7- - Depo. 1/7/80, p. 147: A number of "our" (PSNS) standard ventilation texts would have airflow requirements for various types of dust particles, sizes, weights, density, these types of things - texts maintained by the Medical Department librarian. Depo. 3/11/82, p. 170: Bessmer familiar with ACGIH industrial ventilation manual (no date). 6/10/82, p. 43: Believed in the late '60's, BuShips first promulgated guidelines by which asbestos products should be handled in naval shipyards. 6/10/82, p. 233: BuShip directive, containing materials were banned or (Routed to Bessmer by yard mail.) 1969-'70, asbestosdrastically reduced. I have not tried to locate any of the medical articles Bessmer stated as being familiar with until Lois can check to see which ones she may have already. If you need additional information or copies of any of these documents, please contact me. Attachs. MT-PWHD-008728 A. J. MOORS, JR. ROBERT C. CLIFFORD ; ANDREW P. WOLFE ` DAVID O. LARSON HERMAN A. TRUTNER CLARK J. BURNHAM J. JAY SCWNACK NICHOLAS ARACtC. GREGORY DAVID BROWN GEORGE J, ZISER . CLINTON A. JOHNSON DENNIS P. GILDEA ERIC R, HAAS SCOTT C. FINCH ROBERT J, LYMAN EDWARD NEMETZ WALTER G, RUNDIN ill STEVEN M. WARDEN RALPH A. ZAPPALA MONICA DELL'OSSO ROBERT C. ROWE CINDY L. SINK JEFFERY G. BAIREY MARY D. FORSGAARD LAW OFFICES OF KCDHE , CLIFFORD, WOLFE, LARSON E. TRUTNER A PROFESSIONAL CORPORATION 5 01 - f 9TH STREET. OAKLAND. CALIFORNIA 94612 Telephone (415) 444-6800 WALNUT CREEK OFFICE i, 925 YGNACIO VALLEY ROAD SUITE 210 WALNUT CREEK, CALIFORNIA 9459 TELEPHONE (415) 947-1177 October 19, 1984 ^ " ;; y E D Bruce N. Bagni, Esq. United States Department of Justice Torts Branch; Civil Division P. 0. Box 340 Washington, D.C. 20044 LTD Re; Johns-Manvi11e v. United States Dear Mr. Bagni: Reference is made to our telehphone conversation of October 18, 19KT.--LAt7Tliar time I indicated to you that in Tight of Mr. Bessmer's jinavailabi'lity for deposition, that we wish to designate---his video tape deposition taken in re asbestos cases on May 31st through June 1st in Seattle, Washington. ; We are designating this deposition on the assumption that he will be unavailable, due to health reasons. Should his physical condition change so that we can depose him, we would prefer to do so and would .appreciate you advising if a deposition becomes feasible. ; Very truly yours, MOORE, CLIFFORD, WOLFE, LARSON & TRUTNER ; :L ;^ CJB/kh cc:Bob Batson Helen Marsh Lee Polk Barbara DieraevctJ ,__T) ro MT-PWHD-008729 JAMES A. MURPHY* JOHN D. WALLACE DOUGLAS E: ALBRIGHT LEE CORKRUM ** WAYNE - TANAKA G. GEOFFREY GIBBS t LARRY C. MARTIN . ROBERT G. ANDRE $ MICHAEL G. WICKSTEAD OF COUNSEL. RAYMOND. D. OGDEN. JR. RAYMOND 0. OGDEN (1876-1972) RONALD A. MURPHY 11 930 -1 983) LAW OFFICES OF OGDEN, OGDEN 8c MURPHY 2300 WESTIN BUILDING 2001 SIXTH AVENUE SEATTLE. WASHINGTON 98121 (206) 622-2991 October 12, 1984 MARK A.. EAMES R. MARK ALLEN STEVEN A REISLER LAURA C! INVEEN CHRISTOPHER A. WASHINGTON JAMES E. HANEY ROSEMARY p SORDLEMAYSUE E. FREEBORN BARBARA 0. HEAVEY W SCOTT SNYDER * ALSO ADMITTED IN CALIFORNIA * ALSO ADMITTED IN DISTRICT OF.COLUMBIA t ALSO ADMITTED IN MONTANA t ALSO ADMITTED. IN COLORADO. NEW YORK ANO NEW JERSEY 0 ALSO AOMlTTED IN WISCONSIN Clark Burnham, Esq. MOORE, CLIFFORD, WOLFE, LARSON & TRUTNER 201 19th Street Oakland, California 94612 Re: J-M Government Litigation Dear Clark: Per our phone conversation, this letter will confirm that at the next go-around of stipulating to the prior video tape deposi tions with the Government, presently scheduled for October 16th, you will specifically request that the Government stipulate to the prior video tape deposition of Daniel J. Bessmer taken on May 31-June 1, 1983 in Seattle, Washington. This stipulation will, however, not mean that we are waiving the right to take a new deposition of Mr. Bessmer depending on any improvement in his current medical condition. Thank you for your help in this matter. Very truly yours. '/ ` I OGDEN, OGDEN & MURPHY RGA:bj a cc: Leee Polk, Esq. /^Bob Batson, Esq. /He elen Marsh, Esq Received OCT 1 f: 1984 legal MT-PWHD-008730 REFERENCES / its 9 (It^. (1) Fleischer, V.E.; Viles, F.J.; Glade, R.L.; and Drinker, P.: A Health Survey of Pipe Covering Operations in Constructing Naval Vessels," Journal of Industrial Hygiene A Toxicology 2B:9 (January) 1946 (2) Selikoff, I.J.; Churg, J., and Hammond, E.C.: Asbestos Exposure and Neoplasia, Journal of American Medical Association 188:22 (April) 1964 . (3) Keane, W.7., and Zavon, M.R.: Occupational Hazards of Pipe Insulators, Archives of Environmental.Health 13:171 (August) 1966 (4) Karr, V.T.: Asbestos Exposure During Naval Vessel Overhaul, American Industrial Hygiene Association Journal 23:264, 1964 . (5) Selikoff, I.J.; Churg, J., and Hammond, E.*C.: The Occurrence of Asbestosis Among Insulation Workers in the. United States '>. New York Academy Sci. 132:139 (December) 1963 (6) Cooper, W.C.: Asbestos as a Hazard to Health, Archives of Environmental Health 15:285 (September) 1967 (7) Balter, J.L.: The Work Environment of Insulating Workers, American Industrial Hygiene Association Journal, Vol. 29, No. 3 (Kay, June) 1968 (8) Balzer, J.L.: The'Industrial Hygiene for Insulation Workers,* Journal . of Occupational Medicine, Vol. 10, No. 1 (January) 196S (9) lynch, J., and Ayer, H.: Measurement of Asbestos Exposure, Journal of Occupational Medicine, Vol. 10, No. 1 (January) 1568 (10) U.S. Public Health Service Publication, #614, The Industrial Environment It's Evaluation and Control - Counting and Siting Airborne Dust, 1966 (11) Standard Procedure for Sampling and Counting Dusts, adopted by the 5th annual meeting of the National Conference of AGC1H, American Industrial Hygiene Association Journal (Kov-Dec) 1967 . (12) Kleinfield, M., et al "Mortality Experience in a Croup of Asbestos Workers, Archives of Environmental Health," 15:177-ISO, -(August) 1967 (13) Tabcrshav, I.R., Asbestos as an Environmental Hazard, Journal of Occupational Medicine, Vol. 10, No. 1 (January) 1966 (14) Cralley, L.J., et al Research on Health Effects of Asbestosis, Journal of Occupational Medicine, Vol. 10, No. 1 (January) 1968 5 \ MT_P\A/un F. REFERENCES 1. Lanza, A.J., and Goldberg, J.A.: Industrial Hvpiene, p. 385, Oxford University Press, Inc., New York, N.Y. (1939) "" 2. Hunter, D.: The Diseases of Occupations, p. 900, Little, Brown . and Co., Boston, Mass (1955) ' 3. Meriwether, E.R.A.: Industrial Medicine and Hygiene, Vol. 3, p. .105, Butterworth-and Co., Ltd. London, G.B. (1956) 4. Committee on Threshold Limit Values: Documentation of Threshold Limit Values, revised edition, p. 15, American Conference of Governmental Industrial Hygienists, Cincinnati, Ohio (1966) 5. Fleischer, W.E., F.J. Viles, R.L. Gade, and Philip Drinker: A Health Survey of Pipe Covering operations in constructing Naval vessels. J. Ind. Hvg. & Toxicol. 2B: 9 (Jan 1946) 6. Marr, W.T.: Asbestos Exposure During Naval Vessel Overhaul, Amn. Ind. Hyg. Assn. J. 25:264 (May-Jun 1964) 7. Selikoff, I.J. M.D., Jacob Churg, M.D., and E.C. Hammond, DSC: Asbestos Exposure and Neoplasia, JAMA 188:22 (Apr 6, 1964) 8. Keane, W.T., MS, and H.R. Zavon, M.D.: Occupational Hazards of Pipe Insulators, Arch Environ Health 13:171 (Aug 1966) 9. Kleinfeld, M., M.D., J. Messile, M.D., and 0. Kooyman, M.D.: Mortality Experience in a group of asbestos workers. Arch Environ Health 15:177 (Aug 1967) 10. Cooper, W. Clark, M.D.: Asbestos as a Hazard to Health, Arch Environ Health 15:285 (Sep 1967) 11. Lynch, J.R., and H.E. Ayer: Measurement of Asbestos Exposure, J. Occ. Med. 10:21 (Jan 1968) 12. Balzer, J.L., and W.C. Cooper, M.D.: The Work Environment of Insulating Workers, Amn. Ind. Hvg. Assoc. J. 29:222 (May-Jun 1968) 13. Balzer, J.L, M.S: Industrial Hygiene for Insulation Workers, J. Occ. Med. 10:25 (Jan 1968) 6 MT-PWHD-00873; 14. Standard Procedure for Sampling and Counting Dusts, adopted by the 5th annual meeting of the National Conference of __ Governmental Industrial Hygienists, Amn. Ind. Hvg. Assn. J. p. 550 reprint (Nov-Dec 1967) 15. Beattie, J., and J.F. Knox: Studies of the mineral content and particle size distribution in the lungs of asbestos textile workers. From Davies, C.N.: Inhaled Particles and Vapors, p. 419, Pergamon Press, New York, N.Y. (1961) 16. Threshold Limit Values of Airborne Contaminants, adopted by ACGIH for 1969, and intended changes. 7 MT-PWHD-00873 Manville To: R. Batson, 2-20 From: S. G. Strong, 2-20 Copies: H. L. Marsh, 2-20 Subject: The Bessmer Depositions Internal Correspondence Date: October 12, 1984 in reviewing the Bessmer Depositions for important material I tried to accomplish several things. First, I tried to find material that was relevant to the Robinson case. Second, I tried to analyze if the material was objectionable, what the objection would be and the likelihood that the item be admitted. When looking for relevant material, I looked for items in several different categories. Primarily I was looking for evidence of the dissemination of information between the government and Puget Sound. This would relate to the govern ments knowledge of the danger and control of asbestos. I also looked for information that showed that the Navy had an asbestos and industrial hygiene program. This would be in line with the theory of the "Indian Towing" case that once the government tries to do something they have to do it right even though they didn't need to do it at all. Also, I tried to find material related to Bessmer's opinion of the Navy's Hygiene program as a whole, based on his various assignments, particularly his period of time at Long Beach Naval Shipyard. Finally, I included some details about the PSNS program to be used as a sort of an ideal to be compared to the lousy program at Long Beach. In this way we could show what the Navy could have done at Long Beach had they wanted to. I've assumed that admissibility of the evidence will be covered by the Federal Rules of Evidence (FRE), and have discussed the evidence based on them. One last matter is if the deposition would be admissible with out the agreement of the government. The key hearsay exception would be FRE 804(b)1 Former Testimony. The requirements of this hearsay exception are: 1) the declarant is unavailable, 2) testimony given as a witness - - - in a deposition, 3) taken in compliance with law, 4) in the course of the same or another proceeding, 5). the party against whom the testimony if offered or a predecessor in interest had an opportunity and similar RECEIVED OCT 18 1984 LEGAL DEPARTMENT MT-PWHD-008734 12. ff R. Batson 10/12/84 Page 2 motive to develop the testimony by examination. The last "element" presents the problem in our case. At the first three depositions the government was present as an advisor to Bessmer and did not participate in the examination of him. Only in the deposition of 5/31/83 did a government attorney ask any questions at all and they were not a party to that suit either. So, we are left with a situation where unless we can say one of the active participants in these deposi tions was the governments "predecessor in interest", then it is doubtful that a court would find the Feds had an opportunity and similar motive to develop the testimony. The latter situation would favor accepting the governments deal to admit these depositions since it appears that govern ment lawyers were at all of them. Make sure that Bagni agrees that Ronnie Caplane and Christopher Pickrell (Assistant U.S. Attorney) satisfy his requirements for Department of Justice being represented. Abbreviations used: B - Daniel Bessmer PSNS - Puget Sound Shipyard LBNS - Long Beach Shipyard MAC - Maximum allowable concentration ACGIH - American Conference of Governmental Industrial Hygienists AIHA - American Industrial Hygienist Association The numbers on the left side of the pages are the deposition page number. MT-PWHD-008735 Deposition of 1/7/80 - Bessmer JM - Steve Koch DOJ - Ronnie Caplane Not signed by reporter or Bessmer No mention of stipulation as to objections 10 Asbestos Exposure + control 1970 was a report of the findings when they finally discovered that they haa a problem with asbestos - B description of the report be co-authored with Beckett and Mangold. Competency - fine he wrote it Foundation - same a above 33 When B left Pean Harbor (sept. 1945), they were using the MAC for asbestos set by the ACGIH. [5 mppcf]. Competency - since he was in industrial hygiene department he should know Hearsay - same as above 50 Chest X-rays were required of people working around asbestos when B was at LBNS (1949). Competency - fine Hearsay - since he didn't take the X-rays someone obviously told him (or he read it in a manual) - this was not brought out in the deposition. The best argument would be that its not hearsay under FRE 801(d) Admission by Party Opponent. -3- MT-PWHD-008736 When B was at LBNS he knew that asbestos was dangerous because it 1) caused a condition similar to silicosis, 2) that was relatively benign, 3) It took a long time to develop + caused a shortness of breath, 4) Asbestosis developed via exposure to asbestos over the MAC for a long period. Foundation - since there is testimony about his college degrees + training at Columbia by Gardner there's enough in this deposition to qualify him to answer this despite its framing + limiting to what he thought when he was at LBNS. Hearsay + Competency - no problem During the time that Bessmer was at LBNS, ventilation was a recommended practice to keep dust levels down and use of respirators was a means to prevent dust inhalation. Foundation - same reasons as pg. 53 plus since Bessmer had been an industrial hygienist for a number of years by the time he got to Long Beach he can answer this. Hearsay + Competency - not applicable. An Industrial hygienist hau no authority to order any safety changes. The procedure was that he would prepare a letter (for the medical officers signature) to the department head involved recommending the changes. The department head would then do what he wanted about the suggestion. Hearsay + Competency - B might not be able to testify about what the department head coula do since obviously someone either told him that this was done or he guessed it - our argument is that since he was a Naval Officer during World War II he can testify on this subject. -4- MT-PWHD-008737 71 When B got to PSNS (1949) they were doing annual chest X-rays, ventilation was being used in Shop 56, asbestos dust samples had been done in the past (he saw the reports of them in the files) and wet down techniques were used (75). Hearsay + Competency - since he saw the ventilation system this is OK. Fact of X-rays being taken again is hearsay but probably will come in. The fact of prior dust sampling is hearsay but he could testify that he saw reports of dust sampling. Our best argument in favor of the admissability of all these facts is that since he was working there he obviously knew what was going on. 75 Respirators were available at PSNS in 1950 but were not being used . Competency - since he says that he wandered around the yard and onto ships when he got there, he can testify to the fact that they were not being used and that they were available at Shop 6. 81-2 B first started observing ripout in 1950 when he was barred from the shops at PSNS. He observed no ventilation in use or any respirators being employed. He did recommend respirators to the head of Shop 56 ana to some men individually. Note - significant because Fleischer - Drinker recognized ripout hazards. Competency - he saw it Hearsay - since his recommendation is what he saiu its hearsay. Possible that you could get it admitted as admission of party opponent, FRE 801(d) 2, since B was an agent of the U.S. Government and was speaking about an area within the scope of his agency. -5- MT-PWHD-008738 83 There continued to be a problem enforcing respirator use on ships between 1950 and 1964 despite b talking to the heau of Shop 56 and other supervisors. Competency - probably OK since there is testimony that he took dust samples on ships during this period (84) + could see if the respirators were being used or not. Hearsay - what B told the various parties in charge about respirators is hearsay. It might qualify as an admission of a party opponent since its within the scope of his employment [FRE 801(d) 2] and thus not hearsay. 86 In the late 1950's B first noticed asbestos disease claims. He discovered this when he was asked by the Bureau of Employee Compensation about the exposures of certain workers. Hearsay - argue that its not hearsay since its admission by a party-opponent FRE 801(d) 2. Also since the question relates to B's state of mind, what he was told by the bureau is not being offered for the truth of the matter asserted. 97 Marr's 1964 report triggered renewed interest on the part of B because it confirmed that even though oust samples were within acceptable limits that there might be a problem. B's studies both before and after this report showed lung problems where the dust samples did not reflect excessive exposure. This gave him the idea something was wrong. Competency + Foundation - B probably can give his reactions to the Marr report. -6- MT-PWHD-008739 Relevancy - since his opinions weren't shown to nave gone to Long Beach or Washington it might be a problem. Our arguement is that this shows what the reasonable industrial hygienist concluded ana in contrast to what the Navy failed to do. 103 After Marr's report, B tried to get respirator use increased and to get some ventilation design for various operations. He had limited success in getting increased used or respirators via telling individuals and writing memo's. Hearsay - raaybe not under FRE 801(d) 2 Admission of Party Opponent Competency - since B used "we" to describe what was done this might be brought up to claim it was not his own observations that he was testifying about. Our arguement is that since no one cross examined on this subject that he was testifying from his own observations. 106 Nothing was done to segregate asbestos work until the 1970's. Competency - since B testified about the fact that it was not segregated he might be aoie to say when segregation began although it could be argued since he got out of industrial hygiene in 1970 he can't talk about the 70's. 115 Someone provided his 1968 report to Manning when he visited Puget Sound. Manning was there to try and get some ammo to get LBNS moving on industrial hygiene. Manning told B that he was having trouble getting equipment and support. -7- MT-PWHD-008740 Competency - B probably can't testify where Manning got the report from as it appears he is speculating about how he got the 68 report, nor can he testify about Mannings motives for being there (you can't tell clearly where this information came from). Hearsay - what Manning told Bessmer (this might include his motives) might not be hearsay under FRE 8 01(d)2(D) 129 The Navy started the labeling program after B got to PSLMS (probably in the 1960's). The Navy didn't require asbestos to be labeled, but B did it anyway [note - what is made clear by a later depo is that initially the Navy just told the hygienists to label hazardous materials, and only later started to tell them specifically what to label]. Competency - B can testify since he was in charge of it Relevancy - since the testimony is misleading this is a problem Hearsay - OK since the Navy statement is that of a party opponent FRE 801(d)2 Note: The labeling started via MIL Std 755 8/31/61 SGS 130 The label B applied said something like "inhalation hazard respiratory protection should be worn." The supply department had the labels and they (B and Co) were responsible for their application. They followed up to see it was being done correctly by supply. -8- MT-PWHD-008741 Competency - a lot of thinks ana mights in the testimony Foundation - factual stuff, no opinion Hearsay - what the label said is not hearsay since it was not made by a person FRE 801(a) 135-7 During B career in the Navy he had ongoing problems with the production departments trying to get them to follow industrial hygiene practices (including asbestos). He first noticed this problem in the 1940's when he would recommend respirators and no one listened. The same problem was present at Puget Sound - he would recommend respirators and no one would give the order to wear them or enforce the wearing of them. He also had problems with production at PSNS getting the proper housekeeping methods used - the department claimed it slowed production and it was too costly. The same problem occurred related to ventilation (cost of installation). Competency - since he's discussing his own impression he can testify to it. Foundation - since his opinions cover industrial hygiene areas, he can comment on it. -9- MT-PWHD-008742 Hearsay - the cost and slowing of production points will be objected to. Two theories of aumissability - Admission by party opponent FRE 801(d)2 or Statement Against Interest FRE 804(b)3 [although this requires the unavailability of the witness - could argue that since we don't know who said it they are unavailable]. It probably will be admitted since its relevant to why the Navy didn't do things. 173 The hazards of asbestos exposure when B retired was greater than it was perceived to be in the 1940's. Foundation - since B is a chemist and practiced industrial hygiene since 1942 he can give this opinion. Foundational Information 13 BA Physical Science San Jose State 1942 Three month course in Industrial Hygiene Columbia University 1942 MA chemistry Stanford 1947 - organic chemistry Taught chemistry lab at San Jose state while at Stanford Noise control course MIT 1955 Miscellaneous short courses and refreshers 14 While at Columbia he learned about asbestosis 15 He was taught respirators were used to control exposure to asbestos. Part of the Columbia course was on ventilation principals - in general. Various respirable dusts were discussed - silica. Dr. Gardner of Saranac Lake taught the course on asbestos. -10- MT-PWHD-008743 19 During the time he was finishing his degree at San Jose (1934-42) he worked as a quality control chemist for Westwaco Chlorine (couple years). Active duty in the Navy 1942 - Ensign 20 Industrial Hygiene Officer April to June 1942, Mare Island, they worked on setting up an industrial hygiene lab. Columbia June 1942 - 3 months. 23 Mare Island again starting September 1942 for six months, they did a complete industrial health hazards survey per a directive from BuMed. 27 NY Shipyard - six months Industrial Hygiene Officer March to September 1943 did mostly sanitation work. 28 Pearl Harbor September 1943 to September 1945 Industrial Hygiene Officer - Lt. 36 After he got his masters from Stanford he was the Assistant Chief chemist for Int. Minerals and Chemical Corp. until 1947. July 1947 got civilian industrial hygienist job at LBNS to November 1949. November 1949 after LBNS closed PSNS until 1970 Industrial hygienist. 45 When he was at Long Beach B wanted equipment for doing dust counts. Microscope, midget impingers, Greenberg Smith impingers, vacuum, micco projector. They never got the lab totally set up. 179 Member AIHA - attended meetings 1950-70. ACGIH met at the same time as the above. -11- MT-PWHD-008744 Deposition of 3/11/82 - Bessmer JM Steven Harden DOJ Ronnie Caplane Christopher Pickrell, Asst. U.s. Attorney No mention of stipulations about objections beiny preserved Signed and corrected by Bessmer 19 The results of the 1942 Mare Island industrial hygiene survey were written up and were supposed to be forwarded to BuMea but it never got off the shipyard. It came back from the Captain of the yard with red pencil scrawled across it "This would be good in peacetime." He doesn't know what this meant. Competency - unclear if B saw the report with the writing on it. Since he participated in preparing the report he can testify about the rest. Hearsay - the "red writing" might be admissable if you agree that its not being offered for the truth of the matter asserted just that it was said or an admission by a party opponent FRE 801(d)2. Maybe also it could be an exception to hearsay rule - FRE 803(3). Then Existing Mental Condition. 20 Once they got the report back they condensed it down to 3 pages and it got off the shipyard. The opinions and conclusion in the original were somewhat emasculated in the subsequent addition. -12- MT-PWHD-008745 Competency - it could be argued tnat since B didn't write the whole report he can't give an opinion as to it it was emasculated but since he did some or it, he probably can testify to what they did to it. As to the fact that it got off the yar B can't say this since he would have no way or knowing thi s. 25 When B got to LBNS in 1947 he attempted to set up an industrial 26 hygiene lab. One difficulty he had was the question of who was going to pay for it. The lab was never established due to: funding problems and the location being changed (after the lab was partly done) several times. By the time the equipment arrived and the lab was finished the shipyard was closed. The lab was then ripped out and sent to Hunters Point [B was at LBNS from June 1947 - November 1949]. Competency - since B was ther he can testify about it. Hearsay - the funding problems might be considered hearsay since earlier he mentions that his superior was concerned about it. Complaints that B had heard about funding might be admissable as a admission of a party opponent FRE 801(d)2 27 As a civilian industrial hygienist B didn't have authority to put safety procedures into effect. The heads of the shop in question had the authority to take safety procedures and it always stayed that way during his entire career. Foundation, Competency - can B testify as to the authority of the shop heads? Since he worked for the Navy for so long maybe he can. B can testify that he had no authority. I dont' think that a sufficient foundation has been established for B to testify about the authority of the shop heads to institute safety measures. -13- MT-PWHD-008746 37 From 1950 to 1960 B wrote letters recommending precautions using respirators, ventilation. These were sent to the shop heads and the production officer. After he made these recommendations respirators were not used any more, the ventilation system was maintained better ana wet sweeping was started. Respirators were available from Shop 06 (Tool Room). Hearsay - technically what he wrote in the letter was hearsay but it could be admissable as statement of party opponent (thus not hearsay under the FRE). Also you could argue that it isn't being offered to prove the truth of the matter asserted but this probably won't fly. It might be considered a business record but there is an insufficient foundation for it to be that. Under FRE 803(6) it wouldn't qualify as a Record of a Regularly Conducted Activity. Comptency, Foundation - since there is evidence that he went around the yard regularly doing tests for various hazards he can testify if certain things were being done or not. 41 B was barred from entering any shop during his first six months at Puget Sound by the production officer. Hearsay - if you think about this, this all has to be hearsay since there is no evidence he ever tried to get into the shops and was prevented frora doing so. But you can get it in as Bessmers state of mind - not offered to prove he was barred but that he thought he was barred - thus an exception to the hearsay rule under FRE 803(3). Competency - since it is unclear as to how B knew that the production officer hau barred him from the shops, there is not enough of a showing of B personal knowledge to satisfy FRE 602. -14- MT-PWHD-008747 46 At PSNS the industrial hygienists would make periodic reports to BuMed. BuMed would take excerpts from their reports, publish them and distribute them to all naval industrial hygienists. This was called the Industrial Hygiene Newsletter. Foundation, Competency - B can testify that tney sent in the reports and that they got the industrial hygiene newsletter but there is more of a question about if he can say what BuMed did with the reports. I would argue that since he got their newsletters for years ana obviously saw excerpts from his own reports that he can testify to this. 47 In response to the 1962 Robbins/Marr article, B feelings about asbestos were reinforced. He felt it was more or a hazard than it appeared, and that his sampling and counting methods were not adequate to evaluate the hazard. His response to R/M was to take an epidemiological approach to the problem by having the doctor reading the X-rays inform him of lung abnormalities. He intended to calculate these and see if there was a difference between trades. Foundation - in light of his experience by 1962 in the area of industrial hygiene he is qualified to give his opinion and his reactions to the article. 51 After Marr's '64 report was published, changes were made at PSNS. They [Wc is used in the depo] started attempting to design ventilation for control of various processes. They emphasized wearing of respirators, looked into the matter of disposable clothing, isolating asbestos work (checkea into it) and suggested using substitutes for asbestos. Most of these were finally put into effect in about 1970. Foundation - B can answer this since he did read the report (p. 48-9) and he regularly got the journal it was published in. -15- MT-PWHD-008748 92 Navy labeling progam was institutea in the late 5G's or early 60's. B took the supply catalogs, went through them and assigned a label to each hazardous item. Then he made up a shipyard instruction requiring the supply department to label them. There were six different labels, flammable, inhalation hazard, skin hazard, corrosive and 2 others. he labeled asbestos right from the start. Foundation - since B did this he can testify to it. Hearsay - only problem is his mention of the instruction to the supply department. Probably not hearsay under FRE 8 01(d)2. 94 While at Puget Sound B had an ongoing problem trying to get the production department to follow good industrial hygiene practices (including asbestos). B talked to people in supervisory capacities in the production department and they told him that his practices would interfere with production, respirators were uncomfortable (affected the goggles) ana were hard to breathe through. Foundation, Compentency - Since B was at PSNS for so long he can give his opinions about the response of the production department to his safty suggestions. Hearsay - The excuses of production for not taking safety precautions may not be hearsay under FRE 801(d)2 Admission by Party Opponent, the theory would be that these were statements by the government agents within the scope of their duties. This same logic could be applied to B's statements to the production department. If these arguments don't work (which they should) then FRE 804(b)3 Statement Against Interest is available. If you assume that the excuses for -16- MT-PWHD-008749 not doing things are sufficiently against interest, the one problem remains if you consider the declarant to be unavail able. Since we don't know who tola Bessmer these things, I would argue that this is the area covered by the detinitiion of unavailability unaer FRE 8U4(a)5 - absent from the hearing and the proponent has been unable to procure his attenaance. 118 B saw the 1942 Mare Island survey with the red pencil comment on it. He was told by his superior officer that the captain of the yard had written this. Foundation, Competency - since B saw the comment he can testify what it said (see p. 19). I'm not sure he can testify who wrote it since it's unclear how his superior found this out. FRE 602. Hearsay - See the hearsay coment about the red pencil comment on deposition p. 19. If the comment on who wrote it is competent than it's admissable. FRE 8ul(d)2. 129 B discussed with the other Naval industrial hygienists the problems he had with production in getting his recommendaions followed. He discussed this with almost all of them at different times. None of the other industrial hygienists indicated that they had more success than B in getting recommendations carried out. Hearsay - I would argue that both statements come in as statements of party opponents FRE 801(d)2 or statements against interest under FRE 803. The problem with the latter is that the complaints of the hygienists were not against their own interest since they were blaming others. Foundation - lots of opinions being given here so this is a problem. Since we don't know who the industrial hygienists were who complained it's hard to establish that they were qualified to comment on the subject. Argue that since B said all hygienists said the same thing that this would make it -17- MT-PWHD-008750 very likely that at least some were fully qualified by training and experience to discuss the subject and thus it should be admitted. 136 Anyone who came in the shipyard representing a manufacturer had to check in with the production department first according to B (it was his understanding). Even after checking in they probably couldn't just talk to workers about safety. Foundation - clearly B is not qualified to discuss the security procedures of the production department. This is made clearer by his use of words like "it's my understanding". The one argument in favor of admissability is that since B worked at Puget Sound for so long he would know these things. Hearsay - since it's obvious that B was either told this or read it somewhere it's probably hearsay. It might be admissable as a statement of party opponent if it's offered by JM. But the problem with this is that you can't tell who told him these things so that you really can't tell if it was a statement by a party opponent. Naturally, the party opponent exception would not be available to the U.S. since it's their own people. Foundation Information 9 B missed the first two weeks of the Columbia Industrial Hygiene course because he was in the hospital. 11 During the 3 month course at Columbia B took 1) biostatistics, 2) indusrial psychology, 3) sanitation, 4) air sampling, 5) chemical analysis, 6) dust, 7) ventilation design. -18- MT-PWHD-008751 17 Industrial hygiene officers were to make field stuaies, evaluate health hazards ana make recommendations for control. This description remained the same during b career as a hygienist. 29 B belonged to the following professional organizations: ACGIH, AIHA and American Academy of Industrial Hygiene. He regularly attended conferences put on by ACGIH. he joined ACGIH and AIHA in the very late 40's or early 50's. He joined the American Academy of Industrial hygiene probably somewhere around 1956. He held various offices in the AIHA Pacific Northwest section. 40 Puget Sound Industrial Hygiene Resource Library had Journal of AIHA, Journal of Industrial Hygiene and Toxicology, Industrial Hygiene Index, Journal of Occupational Medicine. These were subscribed to by Puget Sound and B regularly reviewed them. There is also a description of how he did a dust count but its pretty incoherent. 53 August 1968 Beckett, Bessmer, Mangold paper: 1) a true and accurate copy of the original, 2) prepared in the regular course of the scope of your duties, 3) was prepared at or near the conclusion of the study done by him and assistants, 4; Not prepared for litigation, p. 63. Note: If this is an attempt to establish the foundation for the records of regularly conducted activity (Business Records) FRE 803(6), it is insufficient since this hearsay exception requires that "it was the regular practice of that business activity to make the memo, report, record. . .". Since this report was a special activity not done regularly (if they had done a report every year then it would be OK) it doesn't quality. -19- MT-PWHD-008752 63 November 1970 Bessmer, Beckett, Mangold paper: 1) true and accurate copy, 2) the original was in files of PSNS industrial Hygiene, 3) report prepareo in ordinary course or job, 4) prepareo at or near conclusion of the survey. -20- MT-PWHD-008753 Deposition 6/10/80 - Bessmer JM - James Murphy US - Christopher Pickrell, Asst. US Atty. Signed by the reporter but no evidence t> signed. Stipulations - objection by one plaintitf (deiendant) is an objection by all. Objection as to form, foundation or responsiveness appear to need to be maae then, ail other objections are reserved until time of trial. 10-11 Industrial hygienists reported to BuMed by writing either a monthly or quarterly report of their activities that were included in a medical department report. The latter report would be sent to BuMed via the shipyard commander. BuMed published excerpts from these reports which they felt would be of universal interest in a newsletter ana this was sent to other shipyards. This newsletter came out quarterly and was started in the 1950's. Before this BuMed dispensed information via letters and phone calls. Foundation, Competency - B can testify about what the hygienist did, but probably not about what BuMed did with the reports. There weren't enough questions about how he knew what BuMed did for a proper foundation to have been established. Additionally, there doesn't seem to be enough information that would show B's personal knowledge to comply with FRE 6U2. Hearsay - probably all the stuff about what BuMed did is hearsay, but for you really can't tell. Since you can't tell who told B what was going on at BuMed, then all the material related to it is inadmissable. -21- MT-PWHD-008754 26 The response of the captain of Mare Island to the industrial hygiene survey that B participated in (1942), was indicative of the type of reception their work got from then on and B finally concluded that maybe it wasn't important to the war effort. This is a reference to the "reu pencil" comment ana its af termath. 41 At PSMS in 1949 periodic chest x-rays were taken (first every six months then later annually). Foundation hearsay - the problem is how B knew this of his own knowledge. Since he testifies on p. 41 that the Medical Department's doctor was doing the x-rays and the industrial hygiene department was part of the Medical Department this might qualify him to say this. But the problem remains that this is unclear and FRE 602 requires an affirmative showing of the witness knowing the information of his own knowledge. 49 B noticed that some asbestos workers on ship wore respirators but he didn't see anyone in Shop 56 with them on. Competency - fine. 62 Navy started producing labels for hazardous materials in the late 50's B thinks Rosati started it at Mare Island. No labels were produced specifically for asbestos, but the label applied said toxic, inhalation hazard wear respiratory protection. Competency - whether B can testify that Rosati started it is doubtful, but he can testify about the rest. Hearsay - what the label said is not hearsay under FRE 801 since its not a statement made by a person. -22- MT-PWHD-008755 67 B had been taking air samples over the years but he was tinally able to get the physician reading the x-rays to provide him with the names and shops or people snowiny librotic changes in the lungs in about 1960. B had been bugging the doctor reading the x-rays to provide him with this information since 1949. Hearsay - what B had been bugging the doctor to do since 1949 appears to be hearsay. It might be aumissable under FRE 801(d)2(o) Admission of Party Opponent since its a statement by the U.S.'s agent concerning a matter within the scope or his agency made during the existence of the relationship. 76 After "Marine Pipe Covering and Insulating" came out in 1961, B did not notice any increase in respirator use despite its recommendation in that document. No one triea to enforce this requirement. Comptency - he is competent to say if respirator use increased but its a harder question if he's competent to say no one enforced the requirement but its probably admissable. 86 B feels that when they first started labeling they printed them 88 themselves and later the Navy printed them. They were put on thousands of products. Admissable 103 It was the supply departments responsibility to apply the label. Foundation - might be a problem but since B decided what was going to be labeled he should know who was doing it. -23- MT-PWHD-008756 108 The quarterly health report to BuMea had a statistical portion ana a narrative portion. The statistical portion included the number of X-rays done, and the number of aonormal findings on the X-rays (not broken down in any manner). The narrative portion was broken down into three sections. One was written by an MD who discussed interesting cases in the occupational health field. 109 The second section was written by the industrial hygienist and would discuss work done by that division and the findings and controls recommended. Third section - sanitation. These reports initially were made monthly, then they were changed to quarterly but they continued ail the time B was at PSNS . These reports were addressed to chief, BuMea. Competence, Foundation - since these reports continued the entire time B was at Puget Sound he should be able to describe their format. Also, since there's evidence during the deposition that for a long time he was the only industrial hygienist at PSNS he obviously prepared at least part of the reports by himself and would be able to describe the contents and format. 110 These quarterly reports were reviewed by the occupational health section of BuMed. B knew this by talking to the people in that section and from these talks it was apparent to B that they were reading his reports. Foundation - since its shown how B knew who were reviewing the reports he can testify to this. -24- MT-PWHD-008757 Hearsay - What the people at the occupational health section told him (that he used to conclude they were reading the reports) is not being used for the truth of the matter asserted, thus no hearsay problem. Ill In the health reports to BuMed the information about X-ray abnormalities were always a part of the report throughout B's career at PSNS. Foundation, Competency - since B was involved with preparing these reports for this period he can say that there was always a section on X-ray abnormalities. 113 B feels he included his efforts at asoestos control methods in the quarterly reports because he... "pretty well included everything [he] did in the narrative portion." His general procedure was to do this. Foundation, Competency - Since B testified that this was his habit (to put in the reports what he's been doing) this would be admissable under FRE 406, Habit, Routine Practice. 129 If a manufacturer had told b that their product contained asbestos and that asbestos was a health hazard if it was inhaled in large quantities over a long period and respiratory protection should be worn, this wouldn't have told B anything he didn't know. Foundation - assuming that the basis for this hypothetical was admitted into evidence beforehand I think that B can testify to this hypothetical. The one difficulty is that no date is given thus it might be a problem on that basis. Since B was a hygienist for so long he can testify as to what he knew. -25- MT-PWHD-008758 175 B didn't know JM had a study in 1930's that asbestos was hazardous. B would have found this information helpful. 177 B didn't know that in 1947 Vandiver Brown gave a speecn taht was critical of the TLV. B felt this information would have been helpful in evaluating the hazard. 177 B wasn't aware that Raybestos felt the TLV was not reliable because it counted particles and not asbestos fibers. This would have been helpful. 178 B wasn't aware that Hugh Jackson in 1959 indicated JM had two dust counting methods (5 mppcf for dust and 1 mppcf for asbestos fibers). B felt this would have been helpful. Foundation - these "jury impresser" cross examination type questions might be adraissable. Our argument should be that since 1964 is the relevant date, all these hypo's are actually irrelevant since its the knowledge on that date is what counts. Since B was never asked specifically it he knew these facts in 1964 this is a viable argument. Also since they don't relate to Long Beach's hygienists knowledge this would be an argument against admission. It probably will come in on the old "it goes to weight not admissability" argument but its value for the government is limited. Foundational Material 18 Courses B took at Columbia 1942 Bio-statistics, ventilation principals, chemical analysis of hazardous materials, sanitation, industrial psychology and toxicology of various hazardous materials such as dust, fumes, gases, and mists. B also learned to take air samples. -26- MT-PWHD-008759 Deposition of 5/31/83 - Bessmer JM - no one U.S. - Robert N. Kelly, DOJ Christopher Pickrell, Asst. U.S. Attorney Objections except as to the form of the question are reserveu. Objections by one plaintiff are deemed an objection on behalf of all plaintiffs and the same with defendants objections. The deposition was also videotapeo and is in two written parts. Part 1 32 While he was in the employ of the Navy (1942-72) "..we talked to both William Marr and Sheldon Manning" regarding the health risks of asbestos. Competency - B used the expression "we" to explain who he talked to in government employ related to asbestos hazards. The question was if he had talked to anyone. Since there is a possibility that Mangold or Beckett talked to Marr and Manning there might be a problem in showing that B was referring to his contacts with them. But there is a good possibility that this might be overlooked. Hearsay - since the subject of the discussion was mentioned this appears to be hearsay. The best argument is that we aren't using the facts in the conversation for the truth of the matter asserted since its the fact of the discussion, not what took place in it, that is important here since its relevant to government knowledge of the health risks of asbestos. -27- MT-PWHD-008760 33 B communicated with Cdr. Barboo when the latter requested photo's of the asbestos control operations to be sent to BuMeo (1968-9 approximately). Hearsay - It might not be hearsay under FKE 801(d)210 Admission by Party Opponent. Since there is a letter related to this there's no big deal. 34 Marr sent PSNS a copy of his report concerning asbestos exposures and Manning visitea PSNS to look at the overall industrial hygiene program. The Marr report was one other than the 1964 report. Competency/Foundation - B can probably testify to this (tne one problem is that in prior depositions B never mentioned Marr sending them a report - his prior explanation was that he must have read the 1962 report in safety Review. Argument - goes to weight not to admissability. 40 PSNS instituted a formal educational and training program to warn workers about the health risks of asbestos about 1969. None of the other shipyards B was at had a program such as this (including LBNS). B feels there should have been such a program. 41 B feels the reason they didn't have such a program was insufficient personnel and time (the medical department). B feels that the lack of personnel was the result of ceilings that had been established. Foundation - the issue is whether B can give his explanation of why the training program wasn't started until 1969. His opinion was ".. .speak[ing] for the medical department" thus as far as that goes he probably can say that lack of personnel and time prevented it. As for why there was a lack of personnel (government ceilings) this present a problem. -28- MT-PWHD-008761 No questions were asked about how he knew this thus unless you can argue that this 20 + years with the Navy qualifies him to answer this, then its inadmissable. 43 If B had the resources he would have instituted a respirator training program, more input by the industrial hygiene department at standup safety meetings and talked to all the apprentice classes before 1969. (When some of these changes were instituted). Foundation/Competency - no problem. 43 Prior to 1969 there were sporadic attempts at asbestos health education, like B talked to apprentices one semester and had occasional input to standup safety meetings, but nothing on a periodic basis. Foundation - no problem. 46 Labeling started in late 195U's, B feels there should have been labeling prior to this time. Foundation - since he's an industrial hygienist he can give an opinion on this. 58 The Navy industrial hygiene program did not exist until 1942. No industrial hygienists before that. Foundation - a problem since B only joined in 1942 and he really can't say how he knew they weren't there before and no questions were asked to clarify this. -29- MT-PWHD-008762 77 When B got to PSNS in 1949, the asbestos control measures present were 1) extensive ventilation system in the pipe coverers and insulators shop; 2) pipe coverers ana insulators got chest X-rays; 3) recommendations fur respiratory protection had been made (respirator); 4) wet down methods were being used. Foundation/Competency - B can testify as to 1, 2 and 4 since they were observed visually, but how he can tell that respiratory protection recommendations haa been made without being told by someone is unclear. Later (p. 89) there was testimony that B saw written recommendation for respiratory protection. This would be admissable as an aamission or a party opponent FRE 801 (d)2(o) since Gade wrote it and there is testimony that he was the previous industrial hygienist. 87 The ventilation on ships in 1949 was not very effective and wet down techniques were not used. Competency - since B testified that he went on quite a few ships when he was barred from the shops he can testify to this. 109 Since 1956 th ere was a requirement at PSNS that worker s installing or ripping out asbestos wear a respirator. This was not enforced until many years later. Foundation - B was aware of the rules since he had to follow them. Since he was without an assistant until 1960 its obvious he could have noted that the respirator requirement was not being enforced. -30- MT-PWHD-008763 121 On a monthly or quarterly basis the Navy was yetting reports about the lung problems of workers at PS from the quarterly reports. Foundation - The problem is that this statement is more a conclusion than an opinion. Bessmer dia testify that they sent the quarterly reports to the Navy and these reports contained the sum total of all abnormal x-rays. I'm not sure that it was ever clearly established that the only x-rays taken were those of the lungs. If the latter was not the case then this is not admissable. Our argument is that no X-rays besides chest were ever mentioned, thus they all had to be of the lungs and there is a sufficient foundation. 122 The general safety rule manual at PSNS told workers to wear respirators to combat heavy dust in 19b2, and it also said that the respirators were available at the cool room. Foundation - the initial problem is the best evidence rule. Since I'm not aware we have a copy of this, our argument is that we can have testimony about it since we don't have the document. Hearsay - we claim that all statements in the manual are Admission of a Party Opponent FRE 801(d)2. The one problem here is that its unclear who wrote the manual. But since PSNS used it, we can argue that the government adopted it, thus it became a statement of their representative or agent. 126 The supply department would apply the warning labels to the carton or container but once the item got to the shop the stockrooms were responsible for further labeling of the asbestos products. B claims that if possible the labels were to be applied to the asbestos product by the stockroom once the product came out of the container. B says the stockroom did not actually do this. -31- MT-PWHD-008764 127 Shop 56 had a supply of these laoels that said Toxic, Inhalation Hazard, Wear Respiratory Protection and a blank space for the name of the dangerous substance, for application to the appropriate product [the stockroom mentionea is in Shop 56 ] . Foundation - since B decided which items were to be labeled, can he say what procedures the supply department ana the shop 56 stockroom followed? B wrote up the snip-yard instruction telling which labels should be applied, so he can say what the procedure was supposed to be. I don't think that he can testify what actually went on because there was no testimony that he watched how the procedure was handled. Note: this is the first time that B mentioned that the stockrooms were responsible for applying the labels to the asbestos products once they were removed from their cartons. a says the stockroom did not apply the labels but again no one asked him how he knew this, thus there might not be a showing to satisfy FRE 602 [Lack of Personal Knowledge]. That latter problem applies to all this information on page 126-7. Hearsay - what the label said is not hearsay since its not the assertion of a person. Foundational Material 68 B was certified as a specialist in the comprehensive practice of industrial hygiene by the American Board of Industrial Hygiene in 1950 or 1951. -32- MT-PWHD-008765 Part ii 13-4 B would have recommended that an individual working with asbestos aboard a ship in the early 1950's wear a respirator evenif the MAC (later TLV) was not exceeded. This was because the concentrations vary widely over short periods of time and the sample averaged the exposure. Foundation - since B had been working as an industrial hygienist since 1942 I think that he can give an opinion as to what he would have done in the early 1950's. Since he also testified that he observed ripout then he can discuss the fluctuating dust concentrations. 32 B considered respirator protection to be the last line of defense against dust, with engineering controls taking precedence. This is because engineering controls eliminate the individuals decision as to whether he should wear the respirator or not. Foundation - B has enough experience to answer this. Pickrell Examines the Witness - Owens-Corning objects 57 B was in error when he said that PSNb started to label when the Navy started the program and supplied the labels. B said what happened was that they started the program before the Navy adopted it. B got samples of Mare Island labels ano had the print shop print them up and the program started approximately 1952. When the Navy program officially started then PSNS switched to the official Navy labels. -34- MT-PWHD-008766 Competency - since B has testified earlier that he was in charge of deciding what to label then this satisifies FRE 6u2. Note: the one significant difference about this testimony is the date he says they started it 19b2 has never been mentioned before. B testified that the production officer would have it in his discretion as to how to handle safety recommendations. Foundation - Inadmissable since B was not a production officer and there was no showing that he would have any way to know what the production officer's authority was related to enacting safety rules. The one argument is that B would know this since he was a hygienist for so long. Hearsay - If the foundation is considered sufficient then I would argue its hearsay since B was either told or read what the production officers authority consisted of and since you can't tell who told him you can't set the appropriate foundation for a hearsay exception. Now if the government tries to use this (for discretionary function), our argument is the FEE 801(d)2 does not apply since its self servicing hearsay as to them ana not a statement by a party opponent, we could use this since it is a statement of our party opponent. -3b- MT-PWHD-008767 Manville Service Corporation Ken-Caryl Ranch P.O. Box 5108 Denver, Colorado 80217 303 978-2000 August 22, 1984 Manville Bruce N. Bagni, Esq. Senior Trial Attorney Scott Austin, Esq. Trial Attorney U.S. DEPARTMENT OF JUSTICE 521 12th Street, N.W. Washington, D.C. 20530 Re: JOHNS-MANVILLE SALES CORPORATION v. THE UNTIED STATES OF AMERICA pC r|y ir% t, w ii= u t SI H/iOnnU 99 o0 11030044 g ST/* hi-4.,l'ii H Dear Mr. Bagni and Mr. Austin: This will confirm our telephone conversations of August 21 and 22, 1984 regarding deposition scheduling. Johns-Manville has filed Notices of Depositions of Frances E. Mox, Carl Mangold, Colin Edwards, and Daniel Bessmer to take place on September 4, 5, 6 and 7, 194 (9:00 a.m.) respectively, in the offices of Ogden, Ogden & Mirphy at 2001 6th Avenue, Seattle, Washington. Pursuant to our conversations, we agree to modify this schedule as follows: 1. We will withdraw the Notice of Deposition as to Mr. Bessmer pending our reaching a stipulation regarding the use of transcripts of prior depositions of Mr. Bessmer in the same manner as if they had been taken in any of Johns-Manville's cases pending against the United States of America. You have already agreed that we may so use any transcripts of Bessmer's depositions at which a representative of your office was present. We will send you a list of Bessmer's depositions as to which we seek your stipulation. 2. The deposition of Frances E. Mox will take place on September 5, 1984, 9:00 a.m. at the offices Of Ogden, Ogden & Mirphy.3 3. The deposition of Colin Edwards will be taken on September 6, 1984, 1:30 p.m. at the offices of Ogden, Ogden & Murphy. We have agreed to this change because you advised us that you have already arranged to take a discovery deposition of Mr. Edwards in an unrelated civil action at 9:30 a.m. on September 6, 1984* We have offered to have this discovery deposition of Mr. Edwards take place at the offices of Ogden, Ogden & Mirphy, and requested that an attorney representing Johns-Manville be allowed to attend the discovery deposition. We understand you are agreeable to this arrangement, subject to obtaining the permission of the attorneys for Pittsburg Coming and Raymark. MT-PWHD-008768 Bruce N. Bagni, Esq. Scott Austin, Esq. August 22, 1984 Page Two 4. The deposition of Carl Mangold will take place on September 7, 1984, at 9:00 a.m. at the offices of Ogden, Ogden & Mirphy. You have agreed to voluntarily produce Mangold for this deposition, as he is currently an employee of the United States Government. Based upon this repre sentation, we will not serve Mr. Mangold with a subpoena. As we discussed, each of these depositions will be subject to the terms of the STIPULATION REGARDING VIDEOTAPE DEPOSITIONS, dated February 28, 1984 in the United States Claims Court cases. (A copy of the stipulation is enclosed for your reference.) Pursuant to your request, we will send directly to Scott Austin any documents required to be exchanged by paragraph 2 of the stipulation with respect to the Mox, Edwards and Mangold depositions. For the remainder of the depositions Johns-Manville will take, we will send the necessary documents to Bruce Bagni. As to the depositions of Mox, Edwards and Mangold, please send copies of all documents you are required to exchange with us pursuant to para graph 2 of the stipulation to Robert G. Andre of Ogden, Ogden & Mirphy at the address listed above. We will advise you of the names and addresses to which you should send documents relating to other witnesses. Please call me if you would like to discuss any of these matters. r' Richard Lee Polk Attorney m enclosure cc: Robert G. Andre, Esq. (w/enclosures) bcc: (wo/enclosures) D.H. Markusson R.D. Batson H.L. Marsh C.J. Burnham C.M. Montgomery S.L. Hoch M. Rugen B.J. Diemer MT-PWHD-008769 JAMES A MURPHY* JOHN D WALLACE DOUGLAS E ALBRIGHT LEE CORKRUM ** WAYNE D. TANAKA G GEOFFREY GIBBS f LARRY C MARTIN ROBERT G. ANDR$ MICHAEL G. WICKSTEAO OF COUNSEL RAYMOND D OGDEN. JR. RAYMOND I (1076- RONALD A. (1930-1 law oi fices of OGDEN, OGDEN 8c MURPH> 2300 WES TIN BUILDING 2001 SIX TH AVENUE SEATTLE. WASHINGTON 98121 (2061 622-2991 July 24, 1984 Lee Polk, Esq. Legal Department Manville Corporation P. 0. Box 5723 Denver, Colorado 80217 Re: Johns-Manville Government Litigation/ Priority Depositions (PSNS) Dear Lee: . This letter will confirm our phone conversation of this date wherein we discussed the scheduling of several PSNS depositions. It is understood that you will attempt to schedule with the governement attorneys the following PSNS video depositions: 1. Frances E. Mox (Insulator supervisor) Mox is expected to testify to the facts set forth in the attached memorandum. Basically, he will testify concerning the development, implimentation and enforcement of the PSNS asbestos control program and the day-to-day shipyard insulation operations. 2. Colin Edwards (Insulator supervisor) Edwards will only be deposed in the event that the Mox deposition for some reason does not go forward.3 3. Carl Mangold (Industrial hygienist) Mangold's expected testimony will cover the subjects outlined in the attached summary of his previous video deposition. The direct examination will directly focus on Mangold's development, coordination, supervision, direction and implimentation of the PSNS asbestos control program between 1964-1972 and his personal contacts during that time period with BUMED, NAVSHIPS, LBNS, MINS and other Naval shipyards re garding the PSNS program. MT-PWHD-008770 9 )'U Lee Polk, Esq. July 24, 1984 Page Two 4. Daniel J. Bessmer (Industrial hygienist) Bessmer's deposition will only be taken in the event that his current medical condition (diagnosed as lymphocytic lymphoma) is stablized and if it is determined that his prior video deposition cannot be effectively edited for the purposes of the Robinson trial. This letter will also confirm that you will attempt to schedule with the government attorneys the above depositipns during the month of September 1984. The designated witnesses all presently reside in the Seattle/Tacoma area. The depositions are to be noted as videotape perpetuation depositions and will be taken at our law offices in Seattle. If I can be of any further help, please call, Very truly yours. OGDEN, OGDE Robert G. Andre' RGA/ejd Enclosure cc w/encl: Barbara Diemer * Clark Burnham, Esq. cc w/o end: Bob Batson, Esq. Dennis Markusson, Esq. Helen Marsh, Esq. Mike Montgomery, Esq. Jim Green, Esq. Steve Hoch, Esq. Michael Rugen, Esq. a- MT-PWHD-008771 LAW OFFICES OF JAMES A. MURPHY* JOHN D. WALLACE DOUGLAS E. ALBRIGHT LEE CORKRUM** WAYNE D. TANAKA G. GEOFFREY GIBBSf LARRY C. MARTIN ROBERT G. ANDREf MICHAEL G. WICKSTEAD OF COUNSEL RAYMOND D OGDEN. JR. RAYMOND D. OGDEN M876-1972) RONALD A. MURPHY (1930-5983) OGDEN, OGDEN 8c MURPHY 2300 WESTIN BUILDING 2001 SIXTH AVENUE SEATTLE, WASHINGTON 98121 (206) 622-2991 May 3, 1984 mark a. eames R MARK ALLEN STEVEN A REISLER LAURA C. INVEEN CHRISTOPHER A WASHINGTON* JAMES E HANEY ROSEMARY p bordlemay SUE E FREEBORN ALSO ADMITTED iN CALIFORNIA '* ALSO ADMITTEO IN DISTRICT OF COLUMBIA tALSO ADMITTED IN MONTANA ALSO ADMITTED IN COLORADO, NEW YORK AND NEW JERSEY 0 ALSO AOMITTEO IN WISCONSIN Mr. Bob Batson MANVILLE CORPORATION Legal Department P.O. Box 5723 Denver, Colorado 80217 Re: tn C IrP* atn 53 rn Government Litigation/ S Bessmer Deposition SO rn a fn CCOO fFS Dear Bob: Enclosed please find a copy of the USA's notice of motion and memorandum for a protective order barring the deposition of Daniel Bessmer. I believe I previously for warded a copy of the notice of motion to you, but I only recently received a copy of the memorandum. Last week I mentioned to Helen Marsh that the USA's, motion was never actually heard before the Magistrate or a Federal District Judge in connection with the April 20, 1984 deposition. As you know, the USA took the position that both J-M and PIT had consented to continuing the deposition. Also, Mr. Bessmer had never been served with a subpoena requiring his attendance. I will make inquiries next week as to the state of Mr. Bessmer's health so you can determine when to renote his deposition. Frankly, I do not know whether the USA will consent to produce Mr. Bessmer even if his health is improved. I would specifically draw your attention to page 2 of the USA's memorandum, lines 4-7, wherein the government claims that the prior protective order issued by Magistrate Broz on May 12, 1983 "appears to bar the issuance of a subpoena compelling Mr. Bessmer to attend any deposition to be held in this jurisdiction [WA], regardless of where the case is filed". MT-PWH D-008772 Mr. Bob Batson May 3, 1984 Page Two As we previously discussed, I do not believe that if push-comes-to-shove, Magistrate Broz or any other federal judge in this district would attempt to expand the scope of the protective order to bar the issuance or enforcement of any lawfully executed subpoena issuing from another federal district court outside the State of Washington. I will be in touch regarding further developments. I will also check with PIT counsel to determine if they plan to renote the Bessmer deposition in connection with their asbestos cases. Very truly yours, OGDEN, OGDEN & MURPHY RGA/kav Enclosure. ' cc: ; Helen Marsh, J-M Robert G. Andre' MT-PWHD-008773 Becker <& Chameides 1019 H STREET, N. W. WASHINGTON, D. C. 20006 (202) 223-6450 TELECOPIER (202) 223-645 TELEX RCA 243383 TELEX WU 892540 December 19, 1983 NEW YORK OFFICE 90 BROAO STREET SUITE 2334 NEW YORK, NEW YORK 10004 (212) 246-1810 Peter A. Nowinski, Esq. U.S. Department of Justice Torts Branch, Civil Division 521 12th Street, N.W., Room 904A Washington, D.C. 20530 Johns-Manville v. United States Deposition of Daniel J. Bessmer Our Reference: 803-2 Dear Peter: Thank you for your letter of December 16th relating to the Bessmer deposition situation. As I have not directly been involved in the scheduling of and arrangements for this deposi tion, I have passed your letter on to Johns-Manville so that you get one answer. I was somewhat surprised, though, to note your opposition to the use in this proceeding of Bessmer's prior test imony. Although most of our discussions regarding discovery arrangements have still been tentative, I thought it was gener ally agreed that there would be an effort to minimize discovery by stipulating for the use of prior discovery and testimony. In any event, thank you for advising me about this situation and either I or someone from Johns-Manville will be back in touch with you. Sincerely, /pdf Steven B. Chameides -Cv\ fV /2-&*> ~S JAMES A. MURPHY JOHN D. WALLACE DOUGLAS E. ALBRIGHT LEE CORKRUM WAYNE D. TANAKA G. GEOFFREY GIBBS LARRY C. MARTIN OF COUNSEL RAYMOND D. OGDEN. JR. RONALD A. MURPHY LAW OFFICES OF OGDEN, OGDEN & MURPHY 2300 WESTIN BUILDING 2001 SIXTH AVENUE SEATTLE. WASHINGTON 98121 (206) 622-2991 MARK A. EAMES R. MARK ALLEN STEVEN A. REISLER LAURA C. INVEEN CHRISTOPHER A. WASHINGTON ROBERT G. ANDRfe MICHAEL G. WICKSTEAD JAMES E. HANEY RAYMOND D. OGDEN p fjlS76-1972> Ms. Paula Moore Legal Department Manville Corporation Ken-Caryl Ranch Denver, Colorado 80217 r-\r>T UU > ' lCiQj "` Rt= . Guvej-iuLit:iiL Li Liga tion Videotape of Bessmer Deposition Dear Paula: Enclosed please find a copy of Daniel Bessmer's video taped deposition which was taken for use in all of the pending Washington State asbestos cases. I previously forwarded to you a copy of the deposition transcript and a summary. I will be forwarding to Bob Batson next week some of my comments regarding the deposition. In short, I think that it would be to our advantage to stipulate to the use of this deposition for all pending and future cases J-M has against the Government, assuming the Justice Department will agree to such a stipulation. At least 90% of the questions we would be asking Mr. Bessmer are already contained in this depo sition. I will also be forwarding to you in the near future copies of the videotape depositions of Mangold and Beckett. I believe you already have copies of the transcripts and the summaries of those depositions. Best wishes. Very truly yours. RGA/kv /,Enclosu^e cc: Batson Helen Marsh Robert G. Andre' Of Counsel MT-PWHD-008775 NO. J-l * J-2 J-3 J-4 J-5 J-6 J-7 J-8 J-9 J-10 J-ll J-12 J-13 J-14 J-15 J-l 6 -- __________"_.._._.._'_._.._._.._.._.________ __1_______________________;________"_____I__--__" _________ EXHIBIT INDEX tf.p. %y. -v , \ */s'. 6/Z*3 " DESCRIPTION ` A photocopy of a Salute newspaper dated January^, 1945. A photocopy of a Salute newspaper dated February 8, 1952. A photocopy of a Salute newspaper dated October 12, 1951. A photocopy of a Salute newspaper dated September 9, 1955. A photocopy of a Salute newspaper dated 1956. A photocopy of a Salute newspaper dated December 20, 1957. A photocopy of a Salute newspaper dated May 8, 1959. . `* ' A photocopy of a Salute newspaper dated July 10, 1959. A photocopy of a Salute newspaper dated July 8, 1960. A photocopy of a Salute newspaper dated February 18, 1972. A multi-page document entitled, "Asbestos Exposure and Pulmonary X-ray changes to pipe coverers and Insulators at Puget Sound Naval Shipyard," by C.A. Mangold, R.R. Beckett, D.J. Bessmer. A multi-page document entitled, "Asbestos Exposure and Control." A one-page document entitled, "Memorandum for Code 165.1," by Roger R. Beckett. A one-page document entitled, "Air Contaminant Exposure Summary." A multi-page memorandum dated 9 February 1971, entitled "NAVSIIIPS INSTRUCTION 5100.26." A multi-page document entitled, "Asbestos Exposure from Gasket Operations." Htnda izRouq/i & cRuocia/ei J 1426 crfluenue cSeattfe, r~lVatfiinqton 68101 (206) 682 '*27 ---) (\ % \y ............. MT-PWHD-008776 NO. J-17 J-18 J-19 J-20 J-21 J-2 2 J-23 J-24 J-25 J-26 3-21 J-28 3-29 J-30 J-31 DESCRIPTION ,"A multi-page document entitled, "Industrial Dusts by Basil Kempf. A one-page document dated 11 February 1977, entitled "Memorandum for Code 165." A one-page document dated 14 October 1976, entitled "Memorandum for Code 165." A one-page document dated 31 October 1978, entitled "Memorandum for Code 165.1." A multi-page document dated 9 February 1978, entitled "Memorandum for Code 165," with attachments. A photocopy of an article entitled Industrial Hygiene for Insulation Workers, by J. Leroy Balzer, M.S. A photocopy of a document entitled "Documentation' of the Threshold Limit Values, Fourth Edition', 1980." A document entitled, "The Society for Occupational and Environmental Health International Shipyard Health Conference, Asbestos Control at Puget Sound Naval Shipyard," by Roger R. Beckett. A two-page document dated 20 August 1981, entitled "Memorandum for Code 165.1." A multi-page document entitled "Elements of the Asbestos Control Program." A letter dated November 25, 1970, to Commander George M. Lawton, from William B. Reitze, A photocopy of page 2 of the Salute newspaper for September 1, 1967. A photograph. A photocopy of page 1 of the Salute newspaper for October 18, 1968. A photocopy of an article from the Salute newspaper entitled, "Need a Respirator? HtnJa tzRouyf & ioctala 1426 cfluenuc cSeattfe, <~U^tiifnn^ton 98101 (206) 6 12 1427 MT-PWHD-00R777 NO. J-32 J-33 J-34 J-35 J-36 J-37 J-38 J-39 J-40 J~4l J-4 2 DESCRIPTION A multi-page document, the first page of which is a letter dated March G, 1943, to W.W.F. Shepherd, Esq., from Keasbey & Mattison Company. A two-page document entitled "Eagle-Picher Sales Company Industrial Contract Report." A copy of an article from Safety Review, October 1962 entitled "Asbestosis." A copy of an article from Industrial Hygiene Association Journal, May-June 1964, entitled "Asbestos Exposure During Naval Vessel Overhaul." A multi-page document entitled, "Report on Effects of Asbestos Dust on the Lungs and Dust Suppression on the Asbestos Industry." An article entitled, "Studies on Experimental Pneumonokoniosis. VI. Inhalation of Asbestos Dust: Its Effect Upon Primary Tuberculous ' Infection." A copy of a document entitled, "Public Health Reports, January 4, 1935. Effects of the Inhalation of Asbestos Dust on the Lungs of Asbestos Workers." A one-page letter dated 15 October 1968, to Mr. D.J. Bessmer from Shelton Manning. A copy of a document entitled, "Marine Pipe Covering and Insulation, Shop 56, May 1961." A multi-page document entitled, "Report of Dispensary Readings of X-Rays and Vital Capacity for Pipecoverers & Insulators, including Helpers, Apprentices & Supervisors." A multi-page document entitled, "Marine Pipe Covering and Insulating, Shop 56, May 1961." Hinda cRoiiydt /> cdiuoctatei 1426 *3c/fvenue {Seattle, ^IVailurqton 98101 (206) 68? 1427 MT-PWHD-008778 DANIEL BESSMER 0013 Rebecca Orr * SOURCE OF INFORMATION: Deposition and Summaries: January 7, 1980 March 11, 1982 June 10, 1982 1942 - 7/42 - 9/42 - 9/42 - 5/43 5/43 - 9/43 - 9/43 - 9/45 - 10/45 - 12/45 1/46 6/47 6/47 - 11/49 1949 - 1965 1965 - 1970 1970 - 1972 6/72 - 12/73 - B.A. Physical Science, San Jose State, entered Navy as Ensign. Attended Columbia Unversity Industrial Hygiene Course. Mare Island Naval Shipyard; Industrial Hygienist Brooklyn Naval Shipyard; Lt. rank; Industrial Hygiene Officer. Pearl Harbor Naval Shipyard; Lt. rank; Industrial Hygiene Officer. San Diego Naval Air Station Inactive duty M. S. Chemistry, Sanford Longbeach Naval Shipyard, civilian Ind. Hyg. Puget Sound Naval Shipyard (PSNS), Ind. Hygiene PSNS, Supervisor Industrial Hygiene PSNS, Supervisory Health Physicist Retired, Research Assoc. Univ. of Washington From the 1942 Columbia University Industrial Hygiene course taught by Dr. Gardner of Saranac Lake, Bessmer learned asbestos was hazardous and if inhaled in excess of maximum allowable amount over a long period would cause asbestosis. He was taught to use respiratory protection and ventilaton. In 1942 at Mare Island, BUMED directed industrial hygienist to survey potential health hazards at Mare Island Naval Shipyard, the numbers of people exposed and protective equipment and use. The Navy captain who received the report sent it back and wrote on 4/0941H MT-PWHD-0087 DANIEL BESSMKR (Cont.) * it "This would be a good thing in peacetime". The report was rewritten and the substance emasculated. Although Bessmer initially disagreeed with this, he accepted this unreceptive attitude as typical of the Navy during the war. In fact, in later quote from p, 145 of his 3/11/82 deposition, Bessmer says, "...our mandate at the beginning of the industrial hygiene program (at Puget Sound Naval Shipyard) in the Navy was to keep as many men at as many jobs as many days as possible, and I don't think we were concerned with real long-term effects at that time. We wanted to win the war, get it over with. Bessmer had no known asbestos related work at Brooklyn Naval Shipyard, Pearl Harbor, San Diego, or Long Beach. When he got to Puget Sound Naval Shipyard, his predecessor, Lt. Comdr. Robert Gade had taken asbestos dust counts and there was an operating industrial hygiene program - periodic chest x-rays, ventilation, and available respirators for workers who wanted them. Gade took Bessmer on a 1 month tour. Production officer Captain Bell barred Bessmer until middle 1950's from entering ships. Bessmer then wandered around on his own. he observed some asbestos workers wearing respirators, but none in Shop 56 where pipecoverers, insulators and fitters worked. Shop 56 did have ventilation. ' During the '50's Bessmer recommended to Production (who was responsible for enforcing Bessmer's recommendations) that respirators be used whenever Threshold Limit Value (TLV) exceeded 5 mppcf. He established warning labels for over 1,000 substances. Bessmer appears to have made a sincere effort to recommend safety when around asbestos but again, the Navy was not 5/0941H MT-PWHD-00878 i1 tt DANIEL BESSMER (Cont.) receptive until the late '60's, '70's. Bessmer found on-going problems with trying to get production departments to follow industrial hygiene practices. ^^ In 1962 Bessmer read Captain Robbins and William T. Me report in Safety Review. This report confirmed Bessmer's spicions that asbestos was more of a hazard than previously ^ ought. Bessmer suspect^l-^Lther the sampling and counting I TflT Techniques were inadequat^TorXthe TLV was set too hi<gKT\ He began rfv'j*' ^loAll.e.c.ting d.a.ta .for an epic J . . . .......................... S fological study but his promotion in 1965 meant one of his staff, Mr. Carl Mangold, inherited the majority of this worVt, while!)Bjagsuner reviewed it. The preliminary report was written invE^aS and discussed with medical officer Dr. McBratney of Puget Sound Naval Shipyard. From this report Bessmer continued to make strong safety recommendations and he felt eventually changes were made by the Navy. A final report in 1970 included safety changes at Puget Sound Naval Shipyard. Although Bessmer knew other industrial hygienists he did not iscuss the Puget Sound Naval Shipyard in detail with them. He so did not j^now research done by j-M or Raybestos-Manhattan in the 1 30' s .^Baia another department* was responsible for this . He received professional journals nni ;jl'rmrtrr1y i~f*7;Tt^`lfTcm BUMED and contributed monthly reports on Puget Sound Naval Shipyard to the BUMED. He did meet Bill Reitze in 1969. Reitze wrote a letter to BUMED, commending Puget Sound Naval Shipyard for asbestos control efforts. 6/0941H MT-PWHD-008 Bessrner T/7/80 Page 114-118 - Mention of letter of 10/15/68. Page 157-161 - talks about survey Bessrner did while at MINS - survey was left at Mare Island. 3/1 l- / 8 2 Copies of the survey went to Bessrner's superiors and to the medical officer whose job was to do something about the problems (no mention of what the problems were). The report was to be sent via channels to BUMED. He did not review the work of Shop 56 for the survey but did review the machine shop and the foundry. NOTE: Could this be the same survey Rosati talks about? Bessrner tel f that. PSNS 111 program was equiva lent to MINS but better than LBNS. However, states that he has no personal knowledge of IH practices at MINS. 6/10/82 3/31/83 Served at MINS for 3 months in 1942. Guido Rosate was there (MINS) also. - Served at LBNS from 7/47 to 11/49. Had contact with Sheehan at LBNS - doesn't recall discussing asbestos with him. Says Mr. Manning was a civilian hygienist at LBNS and he visited PSNS in early '60"s(?) to see what kind of industrial hygiene program PSNS had. Page 32 - Believes he talked Manning who were at LBNS the Bessrner (?). No recollection of asbestos hazards. to Marr and same time as of discussion Exhibit 39 is letter Irom Manning to Bessrner dated 10/15/68 refers to survey of dust counts by Bucket t. and some of Manning's con i' I ns i on:; re ashes to:; . DATE 1/7/80 3/11/82 DANIEL JAMES EESSMER JURISDICTION S.C. of the St. of CA. Co. of Los Angeles U.S.D.C.- for the No. Dis. of CA. S.C. of the St. of CA Co. of Alameda CIVIL ACTION NO. C 137 465 C 137 466 C 248 940 SOC 43247 537868-7 529948-7 MT-PWHD-008783 DANIEL JAMES BESEMER, Retired Supervisory Health Physicist at Puget Sound, previously Industrial Hygienist DATE* January 7, 1980 TIME PERIOD' ' 1942 to 194-5 education. 1942 active duty in the Navy. Sept. '43 to Sept. '45 Pearl Harbor Shipyard. 1947 to 1949 at Long Beach Naval Shipyard as Industrial Hygienist. 1949 to 1970 at Puget Sound as Industrial Hygienist. 1970 to 1972 Supervisory Health Physicist at Puget Sound. Retired 1972. SUBJECT: Rosati Survey of Shipyards. Employment at shipyards. Dust counts. Surveys. Control Procedures. Gardener^ Research. HIGHLIGHTS: Set up Industrial Hygiene Laboratory at Long Beach. Discusses periodic exams. Upon arrival at Puget Sound, air samples had not been taken for one or two years. Instruction from Bureau of Ships regarding asbestos substitution in i960 or 1961. No labeling program at Puget Sound before Bessmer came there. Products labeled at Puget Sound left to Bessmer's own judgement. Asbestos survey discussed; not sure if a survey done at Pearl Harbor. Believes Gardener did research for J-M. 1942 took Industrial Hygiene course. At Westmaco took samples of materials and analyzed to see if met specs. Survey when done at Mare Island required by BUMED to be done at all shipyards at that time. 1970 responsible for personnel dosimetry. Employed as research associate for University of Washington since retiring. Wrote criteria documents for NIOSH. Aware of warnings in asbestos work places at Puget Sound in early 1960s. Was suggested respirators be worn as early as 1952. Believes nobody read warning labels. MT-PWHD-008784 DANIEL JAMES BESSMER: Industrial Hygienist DATE: March 11, 1982 TIME PERIOD: Same as previous deposition SUBJECT: Safety practices, educational background, control of hazards. Long Beach Naval Shipyard and at Puget Sound Naval Shipyard, ACDIH. HIGHLIGHTS: When arrived at Puget Sound in 19^9 respirators were available for workers who wanted them. Shop 56 had some ventilation systems and wetdown procedures, annual chest X-Rays were taken of workers exposed to hazardous materials including asbestos. During 1950's, Bessmer recommended to workers and supervisors that respirators should be worned when asbestos exposure exceeded the TLV of 5mppcf. Late 50's, early 60's Bessmer had a program at Puget Sound where warning labels were fixed to certain substances, asbestos being one'of'them. Was a good industrial resource library available at Puget Sound. Bessmer attempted to keep equipment up to state of art for the Industrial Hygiene Branch. His position was that asbestos workers never received exposure to asbestos in access of the TLV for continous periods of time at Puget Sounds. Discusses the Marr report. Discusses various articles and reports. Asbestos material were removed from containers under ventilated conditions in approximately 1970. Prewetting of asbestos materials have been in effect in certain jobs since 19^9 desk collection systems first attached power saws in 19^8, plastic bags used as waste containers in 1970, extensive wetdown in 1970. First major safety test were in 1970. During late 50*s, early 60's, sweeping compounds were used instead of dry sweeping. First educational program for workers was in 1968' or 69. Has met with Mr. Reitze. If warning labels of fixed products, warning would not have told the asbestos workers anything they did not already know. Bessmer believes workers at Puget Sound knew they could get asbestosis frcm the 1950's onward. Belives have seen J-M products at the yard. BUMED had a system in which to distribute nedical and industrial hygiene information. MT-PWHD-008785 pus: I. y ^r -4- MT-PWHD-008786 MT-PWHD-008787 MT-PWHD-008788 MT-PWHD-008790 MT-PWHD-008791 MT-PWHD-008792 MT-PWHD-008793 ^^ ~^p 1 ....... _. ~s\V> ---y - J f (J^ 6L0js4J5 uo 1 ^ ^/i 'i==:^Tfl) cslU^P ' \^A.. __________ ________ _ <._ _ ^ _______ . .y^......................._. *. ........ ^T A f) " / . , _^-- ____, /O ----- -. .- y^h rW?/7. Q?yP)K<^ - <P- MT-PWHD-008794 u cfrPa/;^:o...... &...bSi 1/cA MT-PWHD-008795 MT-PWHD-008796 MT-PWHD-008797 MT-PWHD-008798 MT-PWHD-008799 (yi\ \K .. S,, ,CC MT-PWHD-008800 V \ MT-PWHD-008802 ~ "___ ____ . : -- _ \fS /> _ -A 1 . >-1t ^ MtypjiKtipq (X T^Bss, \jQ2&d ' ! .. 1 ( ^ (j \ L/6^t92^' JSu ..JP^-kkjjprkw- --i^ ---------i--rs\ ^^f\ iAA---&---U$f ^ty------------^-- U 1 )Q!--M /bQjhtJ ,&?-> . r t n....... 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ARMSTRONG January 28^ 1580 rro V.. r, j"(. `ms n THE TRAVELERS INSURANCE COMPANY P. 0. Box 374 Farmington, Connecticut 06032 r\ roRC.i: cimik Ivon CHARLES R. SMITH IH.IAM M FlTZHUOH RfRLV REFER TO Mr. Hoch Los Angeles Attention: Mr. Jack Saunders Re: GEORGE HARTMAN v. JOHNS-MANVILLE, et al. Gentlemen: Enclosed please find the summary of the deposition of Dan Bessmer, the industrial hygienist, recently retired from the Puget Sound Naval Shipyard. Mr. Bessmer was the industrial hygienist at the Long Beach Naval Shipyard in the late 1940's up until the time that the shipyard closed. With the exclusion of Mr. Marr, whose deposition will be taken in Norfolk shortly, it would appear that we have taken the depositions at this point in time of all industrial hygienists available. It is unclear as to whether or not there was an industrial hygienist prior to Mr. Sheehan and it would seem, at this time, likely that from the time' the shipyard reopened in the early 1950's until he came aboard there was no hygienist available. After Mr. Marr left there apparently was no industrial hygienist until Mr. Sheldon Manning arrived which left the shipyard without an industrial hygienist for several years in the mid-1960's. As to Mr. Bessmer's testimony, he is fairly straightforward. He testifies that he considered asbestos to be a potential hazard, but in all his samplings he never found the TLV. exceeded. He also admitted that a lot has changed in terms of knowledge concerning the use of the product and he is basically supportive of the state of the art. He himself only became suspicious of a potential connection between asbestos and the diseases at the shipyard in the late 1950's and later this was confirmed in his mind through Bill Marr's writings. He immediately started an active respirator, ventilation and good housekeeping program which was supported by the shipyard and by Shop 56. It is apparently through his efforts that we find a much lower incidence of disease and consequently claims arising from Puget Sound. f\3 I Nr MT-PWHD-008823 The Travelers Insurance Company Rc: George Hartman v. Johns-Manville January 28, 1980 Page Two We trust this brings you up to date. Very truly yours, SLH:lkh cc: Mr. Dennis Markusson Mr. Curtis M. Caton Steven L. Iloch HAIGHT, DICKSON, BROWN & BONESTEEL f MT-PWHD-008824 MEWO rn THE TRAVELERS in RE: haRTMAN v. JOHNS-MANVILLE, et al. Our Computer No: 3772 -cjxpQQcp^ U73 to 0 / /r HEAJGIfT, DlCKSOW.iBROWN A, BONE#TEXL k'fyam **n#i4?s. California S g & k J 0 3 k-$ 9* i & II BEfcCH, CAliFORNIA I* y 2 6 ,*19 80 SUMMARY OF THE DEPOSITION OF DAN BESSME - The deposition of Dan Bessmer was taken pursuant to subpoena on January 7, 1980 -in Bremerton, Washington, The undersigned appeaff%Hon~Be5Slf of your insured. IMPRESSION OF THE WITNESS Mr. Bessmer is a short, stocky man who is 64 years old and looks somewhat younger than his stated age. He is extremely mildmannered and pleasant and was straightforward in his replies. I would say he would make a slightly above-average witness on his own behalf. Defendant's Exhibit report of 3/70. "A" EXHIBITS - Asbestos *" Exposure and ^ *** P"' *"* Control Manual r `"Exhibit "B-l" - Insulation and hygiene reports. Winter, 1970. Exhibit "B-2" - Insulation and hygiene reports. Winter, 1971. Exhibit "C" - "The Salute" (Puget Sound Naval Shipyard Newspaper), December 4, 1970. Exhibit "D" - Articles from the Bremerton Sun dated 11/1/72 entitled "PSNS conducts model asbestos control program". Exhibit "E" - Bessmer report of 8/68. Exhibit "F" - Manning letter to Bessmer dated 15 October 1968. BACKGROUND Mr. Bessmer presently resides at 6700 Stampede Boulevard, Northwest Bremerton, Washington 98310. He was born 12/17/16. He has a B.A. degree in physicial sciences from San Jose State College in 1942. He started in 1934 .(says the reason it took so long was that he discovered girls). He took a 3 month course in industrial hygiene sponsored by the Navy at the Delamar Institute of Public Health, Columbia University in 1942. In that course he learned for the first time about ;asbestosis. He recalls Seeing x-rays and told about asbestos ' 'bodies and sputum. He was told about how one way to avoid . asbestosis was respirators. There was general discussion of dusts of all kinds and that ventilation was a known practice to rid the area of dust. He recalls that one of his professers was Dr. Gardner of Saranac who did discuss asbestos. He has learned since his course at Columbia that Dr. Gardner had done some research for Johns-Manville. This he learned in the last five years. Gardner essentially told him that asbestosis would be produced over a long period of time with a certain amount of exposure. This was basically the same information as to what is known now and there MT-PWHD-008825 4 THE TRAVELERS INSURANCE COMPANY MEMO TO___ iw re: HARTMAN V. JOHNS-MANVILLE, et al. Depo Summary of Dan Bessmer January 26, 1980 Page Two fl K *'# .*u,< $8 Eteteistt?m Uta fe; ,CH, CAUfQRp is really no change. The change has been, in thewi tff^se' mil in where the working environment actually is where the hazards exist. The witness did not have any criticism of what Gardner had to say in light of today's knowledge. ' The witness received a Master's Degree in chemistry (organic chemistry) from Stanford University in 1947. He also took a course in noise control at MIT in 1955 and other miscellaneous short courses, nothing of which had anything to do with asbestos. WORK HISTORY After college the witness worked as a quality control chemist for . West Vecco Products who manufactured a line of magnesium oxide materials. . In April of 1942 he joined the Navy as an ensign and was stationed at the Mare Island Naval Shipyard where he served as an industrial hygiene officer. He spent three months there and went on to Columbia. Basically he unpacked equipment and set up the lab. There were two others with him, Guido Rosati and a Mr. Walstaff. He doesn't remember the other. He returned from Columbia to Mare Island where he set up a lab and did "industrial hygiene things" in the field. After six months he was transferred. He admitted his duties at Mare Island were outlined in Burned instructions. He did do a complete survey of the yard to identify health hazards. He probably included asbestos but he doesn't specifically recall. He next Officer to look boss. surved at the New York Naval Shipyard as the Industrial Hygiene from March, 1943 to September, 1943. His duties were basically for cross connections and sewers and buying cigarettes for his ^ . He next served at Pearl Harbor from the period of September, 1943 to September, 1945 as an industrial hygiene officer at the rank of lieutenant. He served along with Roland Byrd who lives in Jackson ville, Florida and two other individuals. His duties were general industrial hygiene and he recalls working specifically on lead absorption and color blindness in welders. He never took any dust counts there and doesn't know if anyone ever did. He was onboard vessels during overhaul but he specifically does not recall seeing asbestos being ripped out or installed. He believes the head of industrial hygiene at Pearl Harbor was Dr. Tell. . * At the end of the war he came to the Naval Air Station at San Diego as an industrial hygiene officer for two or three months. He was trying to get their lab back in order. He did no surveys. Hevas discharged from the Navy in 1946 and went on to Stanford. After receiving his masters he became assistant chief chemist for the International Mining and Chemical Corporation in San Jose. He helped set up the factory and was employed there until 7/47. ' MT-PWHD-008826 MEMO TO THE TRAVELERS INSURANCE COMPANY__ IN RE: HARTMAN V. JOHNS-MANVILLE, January 26, 1980 Page Three et al. icjjson, Brown * bonesteel # S % d Ptfs , ; < ' ' ^fRiCAH'<N(A ... LONG BEACH NAVAL SHIPYARD The witness was the industrial hygienist from 7/^T fi&>fi!l$until1i He believes he replaced someone there but isn't sure. There was no lab facility present and no rules or regulations found at the shipyard to guide him. There was space assigned for the lab and construction was started but due to space needs his lab was taken away. The construction was started all over and then the shipyard closed. He did eventually start setting up a lab but it took quite awhile to convince Captain Thompson, the medical officer, that he actually needed. Eventually Thompson spoke to the production officer to figure out just who would be paying for all this. Eventually he got the equipment he needed. He testified he needed a lab to back up his findings with data which would ensure by way of having records as to what was needed to protect the health of the workers and also to convince the people that controls were needed. He intended to use the lab to do asbestos counts. He doesn't recall if there were any documents from the prior industrial hygienist. He doesn't know if any prior complete survey existed. The witness did do an inspection tour through the shops to familiarize himself with the operations at the yard and did go into the asbestos shop. He knew asbestos needed monitoring although he doesn't believe he ever sampled it. He doesn't know of the name Web Ay. He doesn't recalls going onboard a naval ship at the Long Beach Naval Shipyard while asbestos work was being done. He knew asbestos work was considered to be a hazard at this occupation at the time and he believes he had a listing concerning requirements of physical examinations for asbestos workers somewhere in his facility. He recalls the need for annual chest x-rays although he doesn't know if it was done. That would be the responsibility of Dr. Thompson. There were no formal rules or regulations concerning asbestos counts or TLVs at that time. He felt as industrial hygieniest for the navy he should be concerned with asbestos because he understood it to be a potentially hazardous material. He knew at the time it could cause asbestosis which took a certain amount of period of time to develop and that some of the symptoms included shortness of breath. He knew at the time that exposure would have to exceed the TLV for a ' considerable period of time in order to have the disease manisfest - itself. It was his understanding that control of asbestos would be through proper handling as well as ventilation and respiratory procedures. He believed that it was the Navy's responsibility to see to it that all the products were safely handled and this certainly covered asbestos so as to prevent occupational diseases. This would involve all activities wherein the material was used. He indicated that the MT-PWHD-008827 MEMO TO IN RE: THE TRAVELERS INSURANCE COMPANY HARTMAN v. JOHNS-MANVILLE, et al. January 26, 1980 Page Four PRODUCTION department had the enforcement of products. He believed that the safety Cannon but does not know his whereabouts. The witness admits that during his time at LBNS ship overhaul was done and this probably included asbestos work. He doesn't know if ventilation systems were used during this work nor respirator use. He knows that respirators were available which were approved by Bumines. He never himself told any of the men to wear respirators. He admits that wet down would have been an acceptable procedure to use during ripout and installation but he did not advise the men to do so and doesn't know if it was done. He also acknowledges that good housekeeping was to be .used and was an accepted principle. In terms of worker education nothing was done. His immediate goals were to establish the lab, evaluate all process? and recommend changes as needed for control of hazardous substances. PUGET SOUND NAVAL SHIPYARD When the witness came to Puget Sound he replaced a naval officer named Robert Gade. There was an operating industrial hygiene program upon his arrival and with reference to people exposed to respirable dust there were chest x-rays being taken, ventilation provided for asbestos work done in the shops and samples were being taken for asbestos dust. He is unsure as to how long chest x-rays had been taken but the other two items had been going on for several years before his arrival. He learned this through material ]eft by officer Gade. He believes at this time asbestos work was considered to be a hazardous occupation and he employed the TLV recommended by the ACGIH. At that time it was a 5 million particle standard. He was barred from entering some shops in his initial six month period. He was non-specific as to why but it was apparent that the supervisors didn't like hygienists just strolling in. He was barred by the production officer. Before he was barred however he did observe Shop 56 and noted that respirators were not being used but they were available. He saw that wet down procedures were used in the amosite cutting tables. He did find a survey of all hazards in the shipyard and he continued to do an ongoing survey. He believes asbestos was on the original and was always on his updates. His goals were to check all of officer Gade's biological testing, evaluate hazards concerning all occupations, obtain needed help and expand the lab. MT-PWHD-008828 MEMO Tf> THE TRAVELERS INSURANCE COMPANY ,NRE: HARTMAN V. JOHNS-MANVILLE, et al. January 26, 1980 Page Five In approximately 1950 he did go aboard vessels and observed asbestos operations and noted that ventilation was not used. There were no recommendations for it though there were for respirators. He noted -respirators were not used and he recommended that head of Shop 56 numerous times during the period of 1950 to 1964 to get the men to use them. He recalls putting some things in writing but doesn't have a specific recollection. He has no idea why the production office did not enforce the using of respirators. Importantly he states that he did do asbestos sampling and found that onboard vessels to be below the TLV. Concerning claims re: asbestos exposure he believes in the late 1950's some five or six individuals filed through the bureau of employee compensation. He doesn't recall who they are but recalls receiving some questions from the bureau on those claims. He also recalls that some individuals died of asbestosis in the late 1950's but again does not recall their names. He denies any knowledge of any information concerning the Long Beach claims. . TLVs The witness identified the Watkins deposition exhibits A through I which were the TLV standards set forth by Burned from 1955 to 1969 at the 5 million particle level. The witness admitted receiving those at the shipyard and acknowledged them as true and correct copies. * MR. SHEEHAN The witness recalls that^Sheehan was a Long Beach Naval Shipyard industrial hygienist but'*doesn't recall when. Nor does he have any recollection of discussing asbestos with him. He could not identify defendant "D" (the Watkins deposition), the Sheehan report of 1958. Defendant's exhibit "K" (Watkins deposition). This was the safety review articles of 1962. He Understands safety review to be written by the bureau of industrial relations. He admits that he saw and read this article and knows of Mr. Marr. ^Defendant's Exhibit "L" (Watkins deposition). Marr report. The witness recalls that Marr either sent this out or was asked to send it out sometime around 1965 but in either case the witness - did get a copy of it and read it. He believes it triggered renewed interest in asbestos exposure at PSNSY. the witness admitted that he had been having some doubts concerning the exposure levels due to the compensation claims. He believes that after Marr's-report there were increased respiratory protection generally when using asbestos at PSNSY. This was accomplished through meetings where supervisors were lectured on the MT-PWHD-008829 IEMO TO IN RE: THE TRAVELERS INSURANCE COMPANY HARTMAN V. JOHNS-MANVILLE, et al. January 26, 1980 Page Six need for the respirators. They also developed^entilcition^ysTems both down draft and ventilation for shop work and portable exhaust ventilation for onboard vessels and these were used extensively. Buships instructions. The first regulation that he can recall concerning asbestos was in the time period of 1960 to 1961. He doesn't recall precisely what it was but believes it had something to do with fiberglass substitution for asbestos products. Before 1970 he recalls no other Buship instruction. Defendant's Exhibit "E". Bessmer report 8/68. . This report was presented at the American Industrial Hygiene Assn. It was started in 1965. The witness was assisted by the industrial hygienist Mangold and Beckett. In his report he indicated the type of changes that they initiated, and the handling of asbestos control. There involved respiratory protection, ventilation, good house keeping methods (wet sweeping and vacuum cleaners, and plastic bagging of scrap material)., He wanted to use an epidemiological approach to the industrial hygiene situation. He wasn't successful until a civilian physician came aboard and they discussed some of the conditions found by the physician. These statistics in the report come from the physician who informed him of who had abnormal findings. He admits that he did not question whether the abnormal findings were in fact due to asbestosis but that was the intent of the study. Defendant's Exhibit "F". Manning letter to Bessmer 15 October 1968. He believes Mr. Manning received a copy of his August, 1968 report. He recalls a discussion with Manning indicating he was having problems at Norfolk Naval Shipyard getting equipment and staff. . Labeling Project Labeling of hazardous material was under his control from the early 1960's. It was something the Navy did not require but he felt that if there was a hazard it should be appropriately labeled so he went ahead and did it. He used what he called "standard labels" which I informed the individuals that there was an inhalation hazard and to wear respirators. There were put on all containers. ' The witness admits that this program was applicable and used as to asbestos. Supply had the actual labels and it was there responsibility to see that they were affixed to the boxes whether or not someone else had a warning label on it. The witness followed up to make sure that this was done. He frankly doesn't recall ever seeing any manufacturer's warning label on an asbestos product. MT-PWHD-008830 MEMO rn THE TRAVELERS INSURANCE COMPANY HARTMAN v. JOHNS-MANVILLE, et al, January 26, 1980 Page Seven Defendant's Exhibit "A". * This was the asbestos exposure and control ^null^ &f 19` Mr. Mangold who actually did most of the work. The witness reviewed it and corrected it and has no quarrels with the contents of it at this point. He did not compare it to Exhibit "E" (The 1968 report) before its release. He believes that during the time of Exhibit "A"s publication the ACGIII had published an intended change of the TLV. He knows that the 1970 report was distributed to Burned and other facilities or agencies but he really has no recollection of who it was. (It should be noted that on photo figure 12 shows a man mixing some cement. The bag he is using is JM cement and there are stacks of Eagle Picher, one coat cement in the foreground). STATE OF THE ART/LABELING/MISCELLANEOUS The-witness indicated that he felt labels were not the most effective method of control because "no one read them anyway". Under questioning by plaintiffs' counsel he admitted that respiration was often very difficult to use and the men did not like them however, he admitted on cross-examination that both respirators an^ ventilation were good industrial hygiene trade offs despite any .personal complaints or loss of some efficiency. He stated that no manufacturer of asbestos products ever came to him at any time to discuss potential hazards concerning asbestos with him. He admited that it was not his job to go to manufacturers and seek out this information because that would be left to other departments of the Navy. His job was to work in the yard and see what was going on was not effecting the health of the workers.S. S. L. HOCHtles MT-PWHD-008831 J2r/S / IIAIGHT. DICKSON. BROWN & BONESTEEL rULTON HAIOhT ROBERT L. D'CKSON Hftpci.n h^nken brown MICHAEL . -JONESTEEL OEOROf C MCCARTHY OARY C OtTOCON ELLIOTT D OLSON KIM H. COU INS RONALD C. KLINE CHRISTOPHER ROLIN ROY O. WEATHERUP WILLIAM K KOSKA PETER O. EZEELL DENNIS K. WHEELER STEVEN L HOCH KENNETH M OLSON JOHN W. 5HELLER WILLIAM G. BAUMGAERTNER J. EARL ROGERS STEPHEN D. FLAHERTY JEFFERYJ CARLSON FOPO R SMITH RALPH A. CAMPILLO HALL R MARSTON CARL J. KLUNDER JOHN J. FLYNN III EDWARD L. COMPTON. DON LAKE JR MICHAEL J LEAHY ANN C. MCCORMICK RONALD G. FUNG LORIR.8EHAR ROBERT L. LIU PETER A. DUBRAWSKI WILLIAM R. HART ROBERT L KAUFMAN DAVID F. PETERSON MICHAEL D MCKAY BRUCE A. ARMSTRONG lawyers January 28 rn. -Cv1:.,* '3 '--i\\EIYT THE TRAVELERS INSURANCE COMPANY P. 0. Box 374 Farmington, Connecticut 06032 SIS MORAGA DRIVE I OS ANOCI E S. CALIFORNIA 90049 I 213 I 476 (AJA 11440 SAN VICENTE BOULEVARD LOS ANGELES. CALIFORNIA 90049 I *t 3 * 476-8529 6 6.0 NEWPORT CENTER ORIVC NEWPORT BEACH. CA 92660 I 71A > 7 0 9 *04 31 SIDNEY A MOSS < 1993-1963 I OK COUNSEL GEORGE CLARK LYON CHARLES B. SMITH WILLIAM M FITZHUGH IN REPLY REFER TO' Mr. Hoch Los Angeles Attention: Mr. Jack Saunders Re: GEORGE HARTMAN v. Gentlemen: Enclosed please find the summary of the deposition of Dan Bessmer, the industrial hygienist, recently retired from the Puget Sound Naval Shipyard. Mr. Bessmer was the industrial hygienist at the Long Beach Naval Shipyard in the late 1940's up until the time that the shipyard closed. With the exclusion of Mr. Marr, whose deposition will be taken in Norfolk shortly, it would appear that we have taken the depositions at this point in time of all industrial hygienists available. It is unclear as to whether or not there was an industrial hygienist prior to Mr. Sheehan and it would seem, at this time, likely that from the time the shipyard reopened in the early 1950's until he came aboard there was no hygienist available. After Mr. Marr left there apparently was no industrial hygienist until Mr. Sheldon Manning arrived which left the shipyard without an industrial hygienist for several years in the mid-1960's. As to Mr. Bessmer's testimony, he is fairly straightforward. He testifies that he considered asbestos to be a potential hazard, but in all his samplings he never found the TLV exceeded. He also admitted that a lot has changed in terms of knowledge concerning the use of the product and he is basically supportive of the state of the art. He himself only became suspicious of a potential connection between asbestos and the diseases at the shipyard in the late 1950's and later this was confirmed in his mind through Bill Marr's writings. He immediately started an active respirator, ventilation and good housekeeping program which Was supported by the shipyard and by Shop 56. It is apparently through his efforts that we find a much lower incidence of disease and consequently claims arising from Puget Sound. MT-PWHD-008832 The Travelers Insurance Company Re: George Hartman v. Johns-Manville January 28, 1980 Page Two We trust this brings you up to date. Very truly yours. SLH:lkh cc: Mr. Dennis Markusson Mr. Curtis M. Caton Steven L. Hoch HAIGHT, DICKSON, BROWN & BONESTEEL MT-PWHD-008833 DAN BESSMER Deposition taken January 7, 1980 Mr. Bessmer is an industrial hygienist at the Puget Sound Naval Shipyard. His testimony essentially outlines the work done at that shipyard concerning asbestos control and the relative success they had getting enforcement on a local level. MT-PWHD-008834 January 7, 1980 by Stephen L. floch W<?<*>?** file copy SUMMARY - DANIEL JAMES BESSMER Address, Birthdate Exhibits-A through C p. 10-12 '. Educational Background: p. 13-14 He resides at 6700 Stampede Boulevard, N.W., Bremerton, Washington 98310. He was born December 17, 1916. Exhibit A, "Asbestos Exposure and Control" booklet, March 7, 1970, Puget Sound Naval Shipyards. This is a report of their findings when they discovered they had a problem with asbestos. Exhibit B1, Winter 1970, vol.2, Exhibit B2, Winter 1971, vol.3, the insulation hygiene progress known as the green sheets. no.4; no.4 of reports Exhibit C, "Salute" December 4, 1970, the Bremerton Puget Sound Naval Shipyard Newspaper. Exhibit D, Bremerton Sun Newspaper, Nov. 1, 1972, an article entitled PSNS Conducts Model Asbestos Control Program. Has a B.S. in physical science from San Jose State College, 1942. He had a three month course in industrial hygiene sponsored by the Navy at Delamar Institute of Public Health, Columbia University, 1942. He has a masters degree in chem istry, Stanford University, 1947. He had a course in noise control at MIT 1953. He has not had any courses dealing with respiratory ailments. He has had no courses relating to asbestos exposure control or handling. In his industrial hygiene course he first learned of asbes- tosis. He was shown x-rays of lungs with this condition. He only learned about a respirator as a protection device. They had a general course in ventilation principles but he doesn't remember any specific application. The course also MT-PWHD-008835 Employment After College p. 18-20 Duties at Mare Island p. 20-23 gst $*4. ^8SB90S* ssJLsssi is*; Use of Respirators at Mare Island p. 25-26 discussed silica. He never read any texts or articles on asbestos at that time. The course at Columbia was taught by Dr. Flynn, Dr. Schwartz, Dr. Gardner from Saranac Lake Institute. He had not studied respir able dusts at Stanford. He was a quality control chemist at West Waco Chlorine Products Corporation, Newark, California. He took samples to see if they met specs at this job. He then went on active Navy duty as an ensign at Mare Island Naval Shipyard in April, 1942 as an industrial hygiene officer. This was before he took his course at Columbia. His main job as industrial hygiene officer was unpacking equipment for the industrial hygiene lab that was being set up there. He and two other hygiene officers shared the responsibility to set up the lab. There was no existing hygiene lab at Mare Island at that time. After returning from Columbia he finished setting up the lab and started work in industrial hygiene. He worked with Mr. Rosati and Mr. Walstaff. He can't remember the name of the third person. Rosati just retired from Mare Island a short time ago and lives in Concord, California. After the Columbia course they had a directive from Burned to do a complete survey of the shipyards to identify health hazards throughout the yard and identify the presence or absence of controls and the number of people exposed. He does not recall if he made any recommendations on how asbestos should be handled. The respirable dusts they covered were silica and asbestos. Sand blasters wore full face air supplied respirators. Other trades that included respirable dust may not have worn their respirators. He was not involved in surveying contract naval shipyards. He went aboard vessels during his time at -2- MT-PWHD-008836 New York Naval Shipyard: p. 27-28 Pearl Harbor Naval Shipyard p. 28-32 Naval Air Station, San Diego p. 32-33 Navy TLV and Dust Counts p. 33-35 Mare Island but not for the purpose of looking at asbestos. . He went there after Mare Island as an industrial hygiene officer for about six months and left September 1943. He was looking for cross connections in sewers. He did not have anything to do with surveying asbestos. He worked there from September 1943 to Sep tember 1945 as a lieutenant industrial officer. He did a lot of work in lead absorption. They were also concerned with color blindness in welders and electri cians. He went aboard ships at this time but he does not remember observing rip-out operations. He does not know if asbestos use was surveyed at Pearl Harbor Shipyard while he was an industrial hygiene officer. The survey he did for Burned was required to be done at all shipyards at that time. He does not know if one was done at Pearl Harbor. Two other industrial hygiene officers were at Pearl Harbor; Rollin Byrd who resides in Jacksonville or Pensacola, Florida and Dr. Tell, who ran the indus trial hygiene section at Pearl Harbor. He cannot remember who the medical director of Pearl Harbor was at this time. Pearl Harbor's primary responsibility was repairing battle damage on ships. No new construction was done there. After Pearl Harbor he went to San. Diego for about two to three months to do indus trial hygiene work. He did not do any survey of industrial hazards there. They used the MAC as put out by the Conference of American Governmental Hygienists. He does not believe there was a Navy regulation at that time to use this. He does not remember the standard but 5,000,000 particles per cubic foot sounds familiar. He did not do any dust counts at Pearl Harbor nor at Mare Island or New -3- MT-PWHD-008837 Masters,Degree: p. 35-36 Duties At Corporation p. 36 Long Beach Ship yard Employment p. 36-37 Research Position at University of p. 38-39 Equipment at Long 'Beach p. AO-47 York Shipyards. He thinks they did dust counts at Mare Island but he is not sure. After his discharge from the Navy in 1946 he went back to Stanford for a masters in chemistry. At the same time he taught Freshman chemistry at San Jose State College. He was assistant chief chemist at the National Minerals and Chemical Company in San Jose. He instructed bench chemists in analytical procedures. He was also analyzing process samples. He worked there until July of 1947. He was an industrial hygienist there from July 1947 until November 1949. This shipyard was ordered closed at that time and he was then transferred to Puget Sound Naval Shipyard. He worked there until 1970. After Puget Sound he became a research associate for the University of Washington which included writing criteria documents from NIOSH. He was writing about toxic irritating gasses which did not include asbestos. He retired after that. When he came to Long Beach there was not a hygiene lab. He was not given any rules/ regulations. He went ahead and did what he thought was required such as setting up the lab. It took quite a while to convince them that they needed a lab. His boss was medical officer Farris W. Thompson, Captain U.S. Navy. He was a hard man to get to move. It was also necessary to obtain funding which Bessmer received after talk ing to the Production Officer. Bessmer was never operational in the lab because half way into the construction they decide ed they needed the space for some other purpose and what had been started was ripped out and he, was assigned another space and he had to start over. And then when the lab was constructed and he was -4- MT-PWHD-008838 Inspection Tour at Long Beach p. 47-49 Classification of Asbestos Work p. 49-50 calibrating instruments and se 11in g u p procedures the shipyard was then closed. The equipment and furniture was given to San Francisco Naval Shipyard so everythiq was ripped out again. Y n u c an not t a k e a dust sample without the necessary equip ment. The equipment he needed was avail able at that time. For dust counts they used the microscope, Greenburg, Smith impingers and midget impingers and for sampling there was an M.S.A. hand crank suction apparatus. He also obtained a microprojector. He does not recall reviewing any documents or surveys when he came to Long Beach. He never did a complete survey at Long Beach of the potential hazards. No complete survey was done during his tenure there. Bessmer did an inspection tour through the various shops to familiarize himself with the operations and to look for places to do evaluations if he ever got in business. He inspected the procedures at shop 56 but did not take any dust samples. He never took any air samples at Long Beach while he was there. Neither did anyone else. He does not remember Ay. He does not recall if he ever witnessed a rip-out . operation. Individuals who worked in and around asbestos at that time knew it was a hazardous occupation. These jobs required periodic physical exams. He does not know if asbestos workers came under the naval civilian personnel instruction for these exams. He believes the requirement was an annual chest x-ray for asbestos workers. He does not know if they were given. The Senior Medical officer would be in charge of this. He does not recall a formal requirement that he take air samples of asbestos on a periodic basis. He felt it was his responsibility because it was a hazardous material. MT-PWHD-008839 His Knowledge of Asbestosis p. 52-54 Safety Guidelines at Long Beach: p. 54, 56-58 Ventilation, Respirators p. 61-64 He was aware of asbestosis which was similar to silicosis. He knew it took a long time to develop and then it caused such things as shortness of breath. Exposure would have to exceed the maximum allowable concentration as published by the ACGIH for a considerable period of time for damage to occur to the lungs. He would imagine that the production people would mandate use of respirators and set up ventilation. If ventilation were installed it would have to have been on the approval of the production office. BuShips would be responsible for the rip-out process. Most procedures came from BuShips. It was never clearly defined who set up rules/regulations for safety and proper handling methods. He would often write a proposed rule or regulation for the local activity where he was located and if it was approved by everybody, the shipyard commander would sign it and it would become part of the shipyard's group of instructions. The enforcement of rules and regulations regarding safe handling of asbestos would be under the production department, the production officer. He does not know if this was done. He suggests talkinq to the shop 56 supervisors to find out if enforce ment was done at Long Beach. He believes the person in shop 56 was Frank Cannon who was safety supervisor. He does not recall a safety manual at Long Beach at that time. He did not draft any rules, regula tions or instructions for Long Beach. He is quite sure that asbestos was used at Long Beach at this time. It is not known if ventilation systems were used during rip-out. It was a recommended practice. Respirators were available and were recommended for dusty work. He cannot say specifically whether they had respirators from the Bureau of Mines. Shop 06 purchased protective 4 % -6- MT-PWHD-008840 gear. He never saw anyone who was working with asbestos wearing a respirator and never made a recommendation pertaining to this. He was never told that the workers were told to wear respirators. Wet Down Procedures p. 65 He knows of no wet down procedures having been used at Long Beach. He did not recom mend that they be used because he aid not have a chance to evaluate anything. He was busy setting up the lab and getting eguipment. He was also trained in radio logical defense at - Treasure Island for six weeks while working at Long Beach. No one took his place while he was gone. Housekeeping Methods p. 66-67 He did not observe any housekeeping practices and he does not recall making any recommendations regarding this. He does not know of any education programs that were done for workers. Bessmer's Lab and Hygiene Program, p. 68-70 He created a library of resources for industrial hygiene department at Puget Sound but not at Long Beach because he had no opportunity at Long Beach to do it. He obtained a clerk typist at Long Beach after the lab was reconstructed. His goals at Long Beach were to get the lab in shape and then evaluate all the processes he thought needed evaluation. He would then make recommendations for control. He did not get started on evaluating the shipyard and the lab was given to San Francisco. His position did not have authority to order varied safety procedures to be put into effect. He had no authority to order hygiene procedures. He would write the letter for formal medical signature to the department head invelved to get a procedure put into effect. If the medical officer accepted the letter and signed it, it was then sent to the production officer, who, if he accepted it, would then give it to the shop head invelved to carry out the instruction. -7- MT-PWHD-008841 Health Program at Puqet Sound Shipyard p. 70-74 Observations of Shop 56 p. 74-78 His Goals for Puget Sound p.'78-81 When he arrived at Puget Sound there was an industrial hyqiene program in opera tion. The hygienist before him at Puget Sound was Bob Gade. He took over from Cade and did basophilic aggregation tests on welders for lead absorption. Puget Sound had annual chest x-ray program, ventilation for asbestos workers in the shop and dust sampling program. When he arrived the physical exams were being done and air samples had been taken before but were not being done at that time. Ventil ation was being provided at the time he arrived. He took over Puqet Sound November of '49 or 1951. At this time the Navy con sidered asbestos work a hazardous occupa tion. He does not remember when the Navy officially adopted rules and regulations regarding the TLV for asbestos. He was barred from entering the shops at first because the production officer was mad at him. Captain Bell sent a memo around saying Bessmer was barred for about six months. Men were not wearing respir ators in the shops but there was. ventil ation. He knew respirators were available. Shop 05 had stocks of them. Shop 56 was using wet down procedures. He never saw wet down procedures used in any other type of asbestos process besides when unrolling the omosite at Puqet Sound. Asbestos was included in his surveys and updates of the surveys. He wanted to check the biological tests that Commander Gade had been performing to see if they were necessary because they took up a great deal of time. The urinary arsenics were not necessary hut he kept up with the lead tests on the welders although he changed from basophilic aggregation which was a useless determination over blood and urine labs. His other goals were to evaluate the hazards in the ship yard and to get more staff. His lab had sufficient equipment to do dust counts. He got a chemist around the early 50's. MT-PWHD-008842 At this t i rn ? at Puget Sound there were probably 15,(300 workers. Observing Rip-Out Procedures On-board Vessels p. 81-85 He first observed rip-out at Puget Sound around 1950 when he was inspecting for health hazards. Ventilation was not being used. He did not recommend that it be used. He thought respirator protection would be sufficient. He made respirator recommendations to the head of shop 56 a couple of times and explained the need for respirator equipment. He took dust samples sporadically aboard U.S. Naval vessels. Between 1950 and 1964 his samples were always below the TLV. He recalls a directive coming out requiring them to adopt the TLV as official. Workman's Compen sation Claims p. 85-88 He became aware in the late 1950's at Puqet Sound that Workmen's Comp claims were being filed. The Bureau of Employees Compensation Rep. would occasionally come over and question him as to exposures. The five or six claims he remembers, the workers had died. He does not recall comp claims at Long Beach. The safety office would report the claims. He does not know to whom the safety office reported. Burned Instructions Re TLV p. 89-90 After reviewing Exhibits A - P he recalls that the TLV for the period of 1955 through 1969 was 5,000,000 particles per cubic foot. Mr. Sheehan, Ind. Hygienist p. 90-91 He was an industrual hygienist at Long Beach. He probably met him at one of the AIHA meetings. He does not recall any conversations with him. Occupational Health Reports p. 90-93 He has never seen the report entitled "Discussions of Employment Investiga tions in the Early Detections of Asbestosis", by James Sheehan. The method of transmitting information among hygienists in the Navy was through quarterly occupa tional health reports to Burned. Burned would publish them to the field. He is familiar with a publication entitled -9- MT-PWHD-008843 "Safety Review" which was put out monthly by the safety people in Washington, the Bureau of Industrial Relations. He received this publication in October of 1962 in Puget Sound Naval shipyard. Marr1s 1962 Report p. 93-95 He probably first saw it in 1962 but did not discuss it with Captain Robbins. He did not have any contact with William T. Marr regarding this article. He had met Marr before this article appeared. He never discussed prior to October 1962 health aspects in the handling of asbestos at the Long Beach Navel Shipyard. He never spoke to Robbins about the report. Exhibit L, Article by Wm. T. Marr p. 96-98 He saw this in the 60's, possibly around 1965. The title of the article is "Asbestos Exposure During Naval Vessel Overhaul". This article triggered renewed interest in the problems of asbestos exposure because it confirmed that even though their samples were within accept able limits, they still had an exposure problem. They had been having some doubts about this before that the TLV may be too high due to the fact of the compensation claims they were seeing, so they were not satis fied with their sampling results. This was 1962. Industrial Hygiene' Office p. 98-101 ' The other hygienists Bessmer was working with were Carl Mangold and Roger Beckett who were hired in '62. The total budget at Puget Sound in 1964 for industrial hygiene, health, physics and sanitation was $100,000 a year. The first rule he remembers in 1960-61 was issued by the Bureau of ships regarding substituting other materials for asbestos. Fiberglass was being discussed. He doesn't remember if he brought it to the attention of his supervisors the Wm. Marr report. Studies After Marr Report After the Marr report they did further studies of asbestos exposure at Puget -10- MT-PWHD-008844 p. 101-103 Improved venti'laand segregation of workers p. 104-107 Housekeeping Recommendations p. 107-108 Organization Memberships P- Exhibit E "Asbestos Exposure and Pulmonary Sound in the early '60's. Actually the study started before the Marr report, but they increased their time allotment on it after the report came out. His assistants were doing the surveying under his author ity. They attempted to increase the use of respirators and tried to get ventila^- tion designed for the various operations. They were successful with the respirators to a limited extent. Respirators were not universally accepted but a few more people then tried using them. They told workers in meetings that they should wear their respirators. And they wrote memoranda to the shop heads. . They tried to implement portable exhaust for ventilation aboard ship about 1968. They did not have filtered exhaust systems. They tried getting these in about 1970. He was aware that people in different trades such as rip-out and insulation worked side by side. Nothing was being done until sometime in the 70.'s to segregate workers. They started trying to reduce the level of asbestos exposure after their own study not Mr. Marr's. They started work practice changes at Puget Sound after the I960 report. They recommended after 1960 to use wet sweeping to clean up and to use vacuums. He does not remember the use of plastic bags to collect dust particles. Mr. Mangold and Mr. Beckett did this. He does not recall Cliff Krieger. Up until 1970 he was a member of the American Conference of Governmental Hygienists, the American Hygienist Associa tion and the American Board of Industrial Hygienist. He did not have to pass a test for the latter group. He got in under the Grandfather clause. The report was presented at the Pacific of AIHA at Richland Washington October 3 and 4, 1978. He was present but does MT-PWHD-008845 X-Ray Changes," by Mangold, Beckett and Bessmer p. 109-113, 118-121 not recall the names of any other individ uals who were present who were employees of the IJ.S. government. He does not remem ber much about this conference because he became ill. Mangold attended the meeting also. The report had been going on since 1965. For many years he had been trying to do an epidemiological approach to the investigation of the industrial hyoiene problems by combining the results of doctors and industrial hygienists. He kept a tally of these and eventually assembled this report. He can not remember the name of the navy doctor with whom he worked. The doctor operated out of the dispensary at Puget Sound. He doesn't remember if he sent the report to anyone outside of Puget Sound or if it was circulated outside of their shipyard. He thinks he gave it to the medical officer but he can't say definitely. In this report he started the tally count of people with chest conditions and later turned that over to Mr. Mangold. The only corrections he made were grammatical. Exhibit F ; Letter from Manning to Bessmer 10/15/68 p. 114-118 He vaguely recalls the letter and thinks Mr. Manning visited Puget Sound shipyard and during the visit probably picked up a copy of Bessmer's report at that time. This would have been around 1968. Manning's visit was to review Puget Sound's entire program and see if tie could get some ammunition to "get Long Beach off the pot." Manning was having problems getting eguipment and support at Long Be'ach. The next time he saw Manning was in St. Louis at an industrial hygiene meeting. They had dinner. This was before 1970. He does not recall any discussion regarding industrial hygiene. Selikoff Conference p. 117 He recalls Selikoff's articles concerning asbestos but he never attended a seminar where Selikoff spoke. Findings of Bessmer's Report At the time he changed jobs in 1978 all the raw data and rough drafts of his report -12- MT-PWHD-008846 p. i??-i?n Labeling and Warnings p. 128-131, 133 Military Speci fications p. 131-132 were still in the industrial hygienist's office. He does not know where these materials are now. He found a 21.2% inci dence of fibroid changes in insulators. They took the total number of people who had been x-rayed in that job and divided that into the number of people found to have fibrotic changes, multiplied hy 100. They obtained work histories on these people when they received x-rays showing fibrotic changes. The work history just included their years of emDloyment. Mr. Mangold obtained the list of asbestos products that were being used. They were the same products being used in Long Beach and San Francisco. In August of 1968 he did not consider the welding procedure for use aboard a vessel. It was a practical problem aboard a vessel. He believed since around 1968 that rip-out operations caused a higher concentration of dust. At no time while he was at Puget Sound did the Navy do any labeling of asbestos products. They never used warning labels that said respirator ventilation and eguipment should be used. They first started using labeling at Puget Sound in the early 60's under his jurisdiction and asbestos was one of the items they put a label on. Puget Sound did not have a labeling program when he arrived there. It became his job. The navy did not require that labels be put on asbestos products. He put them on because he thought it was a hazardous product. He put an inhalation hazard warning on it. The navy had six labels that were standard forms. The label said "Respirator Pro tection Should be Worn". Military specification outlines the perimeters for the material at which the government reguires for adeguate or sat isfactory use of a material. He does not know if they have specs for packaging. Even though labeling was done he sometimes saw boxes on board that were uncrated, -13- MT-PWHD-008847 Production Department Responsibilities p. 133-134 Long Beach and Puget Sound Asbestos Control Problems p. 133-138 Conclusions of his Report p. 130-140 unboxed and unwrapped. His education program was to attempt to follow up with supervisors on enforcement of respirators when situations like the unlabeled boxes occurred. It was not his responsibility at Long Beach to identify asbestos that was installed aboard naval vessels prior to its rip-out. This should have been production office responsibility. His job was to write the recommendations to manage ment and it was up to management to either adopt them or not. During his employment he found an ongoing problem with trying to get production departments to follow indus trial hygiene procedures. He first found the problem of getting pro duction departments to enforce safety procedures during the AO's when he recom mended that respirators be worn and nobody paid any attention to him. He had the same problems at Puget Sound regarding respirator use. He had a problem getting enforcement of proper housekeeping proce dures. The usual excuse would be that it interfered and slowed down production. This would increase cost. Production would agree that his suggestions would be a good thing to do but nothing much hap pened. He does not recall any conversa tions with the union. He was not surprised when the. report in dicated pulmonary abnormalities in boiler makers and clerical workers. He had a suspicion that this might be occurring. He kept getting low samples but he just didn't really believe them. He was using approved procedures but he did not think he was getting valid results. They have changed the sampling procedure since he . left the field so this confirms his suspicions. They are now using phase microscopy and Millpore filters which they were just barely getting into when he -14- MT-PWHD-008848 left. Exhibit A is the follow up report, to this one. Examination by Larry Judy Exhibit A; Asbestos Exposure and Control Booklet p. 141-145 This document was promulgated in 1970. He corrected the grammar and initiated the search for the data but his co-workers did most of the work. Mr. Mangold was primarily responsible. Beckett was assis tant to Mangold and did some accounts and took some of the samples. At the time Exhibit A was promulgated Lt. Commander Barboo was head of the Industrial Hygiene and Safety Branch, Medicine and Surgery. If they sent reports to Bureau of Medicine and Surgery they usually wound up on Barboo's desk. Alex Munton was the Industrial Hygienist at Portsmouth Naval Shipyard, New Hampshire. The TLV had not been changed when this report was done. It was still 5 mppcf. There was discus sion about change of the TLV after this report. Protective Equipment p. 145-152 While he was at Puget Sound no protective clothing was issued to asbestos workers. Part of his job was to check ventilation air flow from time to time if they were below what is required. They would then notify the shop. None of the respirators in Exhibit A are air-lined respirators. They were not used during his time at Puget Sound. Disposable coveralls were also not used. There were no separate chanainq areas. He does not recall respir ators being required at Puget Sound in 1960. The production department should know, when they were required. The report states that enforcement was not strong until 1970 based upon epidemiological data showing asbestos health related problems. Dr. McBrantney was the Medical Director at Puget Sound when Exhibit A was promulgated. Labeling at Puget Sound Eventually the Naval Supply System pub lished a list of materials that should be MT-PWHD-008849 p. 1 ' labeled. fl; i r ] i n; 11 1 y i I, was left. to I In1 discretion of the officers to use labels. Examination by Mr. Fish Labeling Procedure p. 153-154 Workers Knowledge of Hazards p. 154-156 The label he used said, "Inhalation Hazard Respirator Protection Should Be Worn". He did not feel this was sufficient protec tion because nobody read the labels any way. No one wore respirators either. The workers know they were working with asbestos and know it was a health hazard. Most workers know that even low concen trations of asbestos were hazardous. Mare Island, Island Survey p. 157-161 The survey he did was left at Mare Island. Copies of it went to his superiors and to the medical officer. The first place he sent it was to his medical officer whose job it was to do something about the problems. The report was to be forwarded via channels to the Bureau of Medicine and Surgery. He did not review the work of shop 56. He reviewed the foundry and the machine shop for the survey. November 1, 1972 Article in the Bremerton Sun Regarding Respirators p. 162-163 He was not interviewed for this article. He did not know Francis Mox, the Shop Foreman, at shop 56. He has never neard of him. The article states that the program for illuminating asbestos started in 1952. Bessmer says that the program was not formalized at this time. Workers were not wearing respirators. Discussions with Sheldon Manning Regarding Long Beach Problems p. 166-168 He was somewhat surprised when Sheldon Manning told Bessmer about problems at Long Beach. He was not surprised by Manning's letter of October 15, 1968 listing the percentage of abnormalities at Long Beach. They confirmed what Bessmer found. . Examination by Mr. Fitzhugh Exposure of Workers These tables were acguired after inter- p. 169-170 views with insulation workers. MT-PWHD-008850 Examination by Mr. Silverfeld Production at Mare Island and Long Beach p. 170-171 There were approximately 5,000 production workers at Long Dench during the time ho was there. He does not recall the number at Mare Island. Production Workers at Mare Island Long Beach P- and Knowledge of Hazards Then and Now p. 172-174 Mare Island had significantly greater pro duction. While he was at Long Beach 1947 and 1949 there was some repair going on., not very much. Approximately four vessels were being worked on. The perspective on the dangerousness of asbestos has changed from the '40's to now. The exposure hazards are considered to be greater now than they were thought of in the 401s. His course from Dr. Gardner at Columbia p. 174-177 Asbestos was specifically discussed in this course. Dr. Leroy Gardner taught this portion of the course. He' understands that Gardner was conducting research for Johns-Manvi1le. He just learned this recently. He learned from Dr. Gardner that long term exposure to asbestos fibers would produce a fibrotic condition in the lungs very similar to silicosis and that this was relatively benign. Bessmer was surprised when he found out Gardner was affiliated with J-M. Gardner's present ation was probably half a day. It was not very long. Use of Respirators p. 177-179 People did not like to wear respirators be cause it interfered with wearing goggles. It would push the goggles up and they could not see. They did not like to wear them because they were uncomfortable and could not breath sometimes. He realized they could not breath because generally the filter was not changed for six months. AI HA , p. 179-180 He was a member of this organization com posed of industrial hygienists. He does not know if hygienists from asbestos -17- MT-PWHD-008851 manufacturers belonged. He did not attend meetings between 1940 and 1950. He attended between 1950 and 1.960. He does not recall the speakers. Review of Medical Literature p. 181-182 From 1940 to 1960 he does not recall any articles by asbestos manufacturers regard ing health hazards associated with asbestos. He subscribed to the American Industrial Hygienists Association Journal, Journal of American Medical Association, Journal of Industrial Medicine, Industrial Hygienist Index, Journal of New England Medicine. He regularly reviewed these publications. ACGIH p . 182 He belonged to this group that met at the same time as the Medical Industrial Hygienist Association. He also attended the meetings of the Governmental Industrial Hygienists Group. He does not recall if any asbestos manufacturer presented reports at these meetings. Labeling p. 182 He never saw any labels by manufacturers. Exhibit A. Bessmer Survey p. 183-184 He never received any comment about his survey from industry representatives. He has never spoken to a private industry hygienist regarding his report. Knowledgeof Workers: Educa tion Programs . p. 184-185 Worker awareness of the degree of hazard associated with asbestos has increased over the years. He did his best to spread the word that you should not breath asbestos so the workers should have known. In the 1940's this was all he said. He did not conduct any educational programs regarding asbestos at Long Beach from '47 to '49. Examination by Mr. Hoch Course at Columbia by Dr. Gardner p. 186-187 Gardner told them the basic facts about asbestosis which have not changed. His knowledge of the working environment has been in addition to what Gardner told -18- MT-PWHD-008852 him. He knew the disease had a long latency before manifestation. He learned this while he was at Puget Sound. He realized that when claims started being filed after a long period of exposure in the late 50's. The function of an industrial hyqienist is to control all the materials which are.potentially injurious at the shipyard. Respirator Use in Ventilation p. 189-190 Respirators were a proper industrial hygiene trade-off because it did not interfere with the worker from doing his job. A device that is slightly uncomfort able but protective and practical is a fair trade off. Ventilation could inhibit work in two ways. A welder objected to , the use of ventilation because every time they moved their arc, they had to move the ventilation pipe. The asbestos worker-in the back of the shop objected to the cold draft caused by the ventilation, but ventilation was a fair trade off between slight discomfort and protection to the worker. Examination by Mr. Fitzhugh Warnina Labels p. 191-192 The pictures in exhibit A were taken approximately just before the date of publication or very close to it. Warn!ng labels were the responsibility of the Supply Department. It was not his job to put warnings on packages. There could have been manufacturers' warninq labels but he did not recall having seen them. Examination by Mr. Si lberfeld Meeting with. Manu facturers' Repre sentatives p. 192-193 He recalls meeting someone from Simcool, a coolant used in machining metals. Most manufacturers had to check in with pro duction before they got anywhere else in terms of setting up a visit. Manufac turers could have visited him. Examination by Mr. Fish Warninq Labels p. 193 No one read the warning labels. -19- MT-PWHD-008853 him. He knew the disease had a long latency before manifestation. He learned this while he was at Puget Sound. He realized that when claims started being filed after a long period of exposure in the late 50's. The function of an industrial hygienist is to control all the materials which are.potentially injurious at the shipyard. Respirator Use in Ventilation p. 189-190 Respirators were a proper industrial hygiene trade-off because it did not interfere with the worker from doing his job. A device that is slightly uncomfort able but protective and practical is a fair trade off. Ventilation could inhibit work in two ways. A welder objected to the use of ventilation because every time they moved their arc, they had to move the ventilation pipe. The asbestos worker-in the back of the shop objected to the cold draft caused by the ventilation, but ventilation was a fair trade off between slight discomfort and protection to the worker. Examination by Mr. Fit zhugh Warnina Labels p. 191-192 The pictures in exhibit A were taken approximately just before the date of publication or very close to it. Warning labels were the responsibility of the Supply Department. It was not his job to put warnings on packages. There could have been manufacturers' warning labels but he did not recall having seen them. Examination by Mr. Silberfeld Meeting with. Manu facturers' Repre sentatives p. 192-193 He recalls meeting someone from Simcool, a coolant used in machining metals. Most manufacturers had to check in with pro duction before they got anywhere else in terms of setting up a visit. Manufac turers could have visited him. Examination by Mr. Fish Warning Labels p. 193 No one read the warning labels. -19- MT-PWHD-008854 MT-PWHD-008855 REVIEWED AND APPROVED March 1970 W. F. PETROVIC Rear Admiral, USN Consnander . . V.. , . ;' > ` p*0DU:ED - Jj MT-PWHD-008856 A PREFACE The complexity of the field of occupational health is ever increasing. In addition to the newer and more exotic health hazards, the older, more prosaic health hazards have a way of suddenly acquiring new dimensions with attendant re emphasis on evaluation and control. The long-known hazard of asbestosis is one of the latter. Recent publicity has focused attention on the health-endangering proclivities of asbestos, particularly in the pipe covering and insulating trades. E. W. McBRATNEY, M.D Medical Director MT-PWHD-008857 INSULATION HYGIENE PROGRESS REPORTS FROM THE INSULATION INDUSTRY HYGIENE RESEARCH PROGRAM Irving J. Selikoff, M.D., Program Director Vot. 2, No. 4 Winter 1970 Good Housekeeping Challenge to Insulation Industry The annual meeting of the Na tional Insulation Contractors Associa tion (MCAj held in Dallas, Texas. October *1-8, 1V70, was a landmark occasion for the insulation industry. At it the .MCA approved the estab lishment. in cooperation with the As bestos Workers Union, of three na tional insulation industry funds. These were the Industry National Development Fund, the National Ap prentice and Training Fund, and--of special importance to the health of the workers--the National Health and Safety Fund. Health and Safety More than one day of the four-day program was devoted to Health and Safety. Mr. Albert E. Hutchinson of IIHRP's Advisory Hoard and Presi dent of the Asbestos Workers Union, spoke of the Union's determined ef forts in the past decade to promote safety in the trade and pledged con tinued cooperation with industry and scientists to achieve this. Dr. 1. J. Selikod and Mr. W. IT Reitze of the I1HRP reviewed the health problems that had been found among insulation workers and many of the available measures that have been developed to control them. Challenged the Industry Of special interest was a discussion of "Occupational Good Housekeep ing" by Mr. Donald Bradshaw of the 0wens-Corning Fibcrglas Corpo ration. In this speech. Mr. Bradshaw, who is Chairman of NICA's Occupational Health and Safety Committee, chal lenged the asbestos industry, both contractors and workers, to imple ment safe working practices and in troduce safe materials throughout the industry. (Continued on page two) The U.S. Navy Joins Battle With Shipyard Dust PRODUCED The U.S. Navy is shortly to intro duce a set of procedures to reduce insulation dust exposure in naval shipyards. Prospects arc excellent that they will help solve this complex problem in ship building and repair. The procedures were outlined by Commander Samuel Barboo. U.S.N.. at a meeting held October 15 in Mount Sinai's Environmental Scien ces Laboratory. He is Head of the Industrial Environmental Control Branch of the Navy's Bureau of Medicine and Surgery. Dr. Barboo traced the Navy's quickened interest in the problem to a Conference held with Dr. Selikoff of the II1IRP two years ago, that reviewed health haz ards of shipyard insulation workers. Five Procedures Also at the meeting were Com mands George Lawton. M.C.. U.S.N.. Director. Industrial Environmental liealth Division. Bureau of Medicine and Surgery, Mr. John O'Neill. Cr sultant. Bureau of Labor Standards, , , JM - 83 L.S. Department of Labor, and representatiu-s of the commercial ship building industry, the insulation manufacturing industry, and Mount Sinai's Insulation Industry HygHtnResearch Program. Commander Barboo described the proposed Navy procedures for insulation application and rip-out. including the following: 1. a program of health surveillance for all asbestos workers includ ing annual chest x-rays: 2. substitution, whenever possible, of other materials for those con taining high percentages of as bestos ; 3. mandatory use of respirators where warranted by conditions: 4. enclosure of ship areas under going insulation work and ex clusion of other trades whenever possible: and 5. adoption of work procedures de signed to reduce dust exposure. (Continued on pane four) (, MT-PWHD-008858 Insulation Hygiene Progress Reports Vol. 2, No. 4 from the Winter 1970 Insulation Industry Hygiene Re search Program Editor: W. J. Nicholson, Ph.D., Published at the Environmental Sciences Laboratory l Irving J. Selikofl. M.D.. Director), Mount Sinai School of Medicine of the City Lniversity of New York New York, N.Y. 10029 Advisory Council of I1IIRP Irving J. SelikofT, M.D. Program Director and Chairman E. Cuyler Hanunond. Sc.D. Vice President, American Cancer Societv. New York. N.Y. Albert Hutchinson. General President. International Association of Heat and Frost Insulators and Asbestos Workers, Washington, D.C. J. B. Jobe. Vice President. JohnsManville Corporation. New T ork. N.Y. Fred I.. Pundsack. I'h.I). Vice Presi dent. Research and Development. Johns-Manville Corporation. New York, N.Y. George \V. Wright. M.D. Director of Medical Research. St. Luke's Hospi tal. Cleveland. O. The Plastic Cement Mixer is Becoming The "In" Thing Several manufacturers of asbestos cement products are developing plastic shipping bags in which the cement can be mixed. ' Following their introduction in the l nited States In the Jolins-Mansville Corporation, other manufacturers of asbestos cements were apprised of the merits of in-bag i-ement mixing by Dr. Irving J. SelikofT. Director of the Insulation Imlustrv H\giene Re search Program. Mini anil Maxi Pahs To dale, the manufacturers' re sponse has been gratifving. Several have put produrl development pro grams into operation and one manu facturer. Rider Industries. Inc. of Dallas. Texas, lias already marketed "Mini-Pak" and "Maxi-Pak" kits of plastic-bagged cement. Each Ryder kit also includes a plastic glove for mixing and a strong cardboard box that can be used in lieu of a bucket. The concept of plastic mixing bags was discussed favorably by panelists at the recent National Insulation Con tractors annual meeting, where sev eral contractors stated their desire to use this mixing method. Good Housekeeping Needs Workers' Cooperation (Continued from first page) Of the contractors he asked, "We are all <]uick to defend our indi vidual positions as contractors but arc we really taking the necessary practical steps of good housekeeping now so obviously necessary in our industry for the health and safety of our men and also all other persons at the jobsite or in the shop?" The Individual Essential To the worker be pointed out that, without effective involvement of the individual, occupational health good housekeeping cannot he achieved. "A man is obligated to lake prac tical care of himself." he said, "to educate himself in health protection, and, through good housekeeping practices, to protect all other men at the jobsite." Unity and Uniformity In calling for uniformity of action in putting into effect safe work prac tices and safe materials. Mr. Brad shaw pointed to the role of the In ternational Lilian. "Through this body," be said, "unity and uniform ity of action are possible." PURPOSES OF THE, INSULATION INDUSTRY HYGIENE RESEARCH PROGRAM 1. To develop improved methods for minimizing ex posure of insulation workers to dusts and fumes encoun tered in their work. 2. To disseminate knowl edge of these improved methods of dust control wherever they may be ap plied advantageously and to offer cooperation, advice and assistance toward their universal adoption. MT-PWHD-008859 This plastic "tent" fitted over a Cape Asbestos Company turbine controls du*t during ripout and spraying operations. The small portable vacuum exhauster seen on the left piovide> negative pressure inside the "lent." Anti-Dust Crews Trained --With Special Vans Specially trained insulation demo lition and rip-out crews using newly developed techniques and equipment --including special vans fitted with change rooms--are now operating in Great Britain. The Cape Asbestos Corporation of London has instituted the program in order to minimize the exposure of workers to insulation dust. Details of the program were re viewed with liHRl' personnel by Mr. Alex Cross and Dr. Walter Smilher of Cape Asbestos. This was part of the continuing program of coopera tion between insulation industry scientists and engineers in other countries and the 1I1IRP. Both Dr. Smithcr and Mr. Cross visited Mount Sinai during the summer to study dust control measures developed here. Change Rooms and Shoivers Each special van contains a "clean room" for taking ofT (and I..ter put ting on) street clothes and a "dirty room" for putting on (later taking off) work clothes. Shower facilities are available for use after work. The men working w ith the unit arc trained in the latest techniques to minimize dust production. Moreover they use all necessary personal pro tection equipment and clothing. This includes plastic or nylon coveralls and air-supplied or face respirators, when appropriate. During the removal of old insula tion material, the work area is com pletely enclosed and other trades are excluded. Material to be removed is extensively wetted and localized ex haust systems are used whenever pos sible to minimize dust spread. Minimum Dust Exposure This program now introduces on land measures similar to those used for insulation removal aboard ship. (See story on page -1 on insulation work in British Naval shipyards) Dr. Smither. who is Medical Di rector of the Cape Asbestos Corpora tion, emphasized that the workers in the special clews will not experience greater dust exposure than those ap plying new insulation. "The procedures and the protec tive equipment available to these men reduce their dust exposure to a mini mum," he said. A new cli-piisalili: ilust-mist respirator, li weighs only l:;i o/_ New Dust-Mist Respirator Put On the Market A new disposable dust-mist respi rator was introduced by the Safety Products Division of the American Optical Corporation on October 26. The commercial availability of the first effective disposable respirator culminates two years of effort on the part of the III1RP to obtain a res pirator suitable for insulation work ers. (See Insulation Hygiene Prog ress Reports, vol. 1, nos. 2 and 3, and vol. 2, no. 3.) 90' of Dust Excluded The disposable respirator an nounced by American Optical has been awarded a United States Bu reau of Mines approval under Sched ule 21B. Under this approval sched ule, certain respirator eliiciency stan dards must he met. These include lack of penetration of dust through the filter material, low resistance to breathing with stan dardized loading, and little leakage about the face seal. It is this last standard that, in general, limits the eliiciency of ap proved respirators. I nder Schedule 2IB. the face seal must exclude PO per cent of the dust from a standard ized aerosol. Six Points in Favor The most important features of the American Optical respirator are: 1. a new fibroin filter medium that is highly ellieienl. 2. a large effective tillering area to provide very low resistance to breathing. '!. a weight only l:i| ounces. I. a foain-faee-sealing gasket that is efficient and, in addition, improves wearer comfort, 5. a malleable metal frame that permits the wearer to adjust to the contours of his face, and 6. two adjustable harness straps to allow a good fit of the res pirator on the face. Worker Acceptance Other disposable dust respirators, manufactured b\ the Minnesota Min ing and Manufaeturiuc Co. and lv the Welch Manufacturing Co. have been held tested by the 1II1RP for worker acceptance. Also under development are mod els by other m,iiiiifac lnier~. iiielndini: Willson Product- Division of USB MT-PWHD-008860 A down-draft cutting table attached to a portable >a< uum-eicancr downed h\ .Mr. Carl Mangold, Head, Industrial H>girne Bramh. Puget Sound Shipyard. The legs are removed for carrying. l Photo courtesy of Carl Mangold, J'uget Sound Naval Shipyard) The British Navy Too is Battling Shipyard Dust An extensive program for reducing insulation dust exposure to workers has been put into operation at the Royal Naval Shipyard, Plymouth. England. Its operation was studied by Dr. Harry Heimann. Dr. \\ illiam J. Nicholson, and Mr. Duncan A. Holaday of the Insulation Industry Hygiene Research Program, who visited the shipyard in September. The program was developed and implemented by Dr. Peter G. Harries. Surgeon-Commander. Royal Navy. He designed it to isolate dusty opera tions, reduce dust production during insulation work, and prevent, as far as possible, inhalation of asbestoscontaining dusts. Supplied-air Hoods Isolation of dusty operations (such as removal of old insulation) is ac complished by sealing compartments where possible or by use of plastic tarpaulins. The men doing removal and clean-up work wear plastic coveralls and supplied-air hoods. For work which creates less dust than insulation removal does, nylon coveralls are used. When removal is complete, the area is cleaned by the use of vacuum lines or portable cleaners and final washdowns. Air samples are taken to insure that the clean-up has been thorough before the area is opened for further work. Concern for personal protective measures is further seen in the re quirements that asbestos workers on arrival remove their clothes, then proceed to another room and put on work clothes, clean sets of which are supplied daily. At the end of the shift, coveralls are vacuumed, work clothes are removed, and the work men take showers before donning street clothes. Dust Respirators Required Varying degrees of respiratory protection are required, depending on the work being done. In addition to the supplied-air hoods, self-con tained air-supplv respirators are available for removal operations, clean-up, and waste collection work. For installation of insulation mate rials which contain asbestos, ap proved dust respirators are required. In some circumstances, where ap propriate. 'nsuiation material con taining no asbestos has been substi tuted. In other circumstances the asbestos content has been reduced. U.S. Navy Joins Battle Against Shipyard Dust (Continued from first page) Mr. Carl Mangold of the Industrial Hygiene Section of Puget Sound Naval Shipyard, Bremerton. Wash ington, detailed some of the proce dures that are now standard at that yard. Overalls at $1 Each Disposable overalls, costing ap proximately SI per pair are used as a routine matter. A downdraft cut ting box for hand sawing has been found to he particularly effective and is well received by the workers. Ex tensive use of portable vacuum clean ers has reduced much of the unneces sary dust exposure in confined areas. Mr. O'Neill emphasized the need for a solution to the health problems of insulation workers and said that a set of regulations applicable to the shipbuilding and ship repair indus try and also the construction industry is under consideration by the Depart ment of Labor. Committee Appointed At the end of the meeting a com mittee wa appointed to draft a unified approach to the problems of shipboard insulation work. It includes representatives of the Navy, the Department of Labor, the Asbestos Workers Union, the com mercial shipbuilding industry, the insulation manufacturers, the insula tion contractors, and the IIHRP. from ihr ship. Thi> reduces a mai<>r source of j'hrslos duM and 'implili*-' i an up (Photo rourloy of Carl Man}. id. Puget Sound Naval Shipyard) Kii M . w Din id MT-PWHD-008861 Environment wr w*,T(n Ctff University York NSULATION HYGIENE PROGRESS REPORTS FROM THE INSULATION INDUSTRY HYGIENE RESEARCH PROGRAM Irving J. Selikoff, M.D., Program Director Vol. 3. No. 4 Winter 1971 Here Are Some of Many Ways to Reduce Dust pened in other environmental situations. i b. Does the new material meet engi neering specifications and will it perform adequately under condi tions of use? Materials containing reduced amounts of asbestos have been used in the fol lowing applications: \ Dust produced by use of an unventi Cutting pipe with band saw equipped a. Blanket and pad filling lated band saw. Without the back light with high-velocity, low-volume exhaust ing used here, much of the dust would system. Compare absence of any air Substitution of the proper types not be visible. borne dust with that shown in uncon of other pad fillers not only re trolled cutting (picture left.) duces asbestos dust during fabri cation and installation but also tends to lessen the problems dur \ ing subsequent "rip-out''. Addi - jf tionally, asbestos cloth which has been treated with a dust suppres [Helps All Insulation Alen sant is available and its use should also be encouraged. There are re ports that much less dust will be The Winter 1970 issue of Insulation Hygiene Progress Re produced. ports announced a joint effort hv the Insulation Industry Hygiene Research Program, the U.S. Navy, the Department of Labor, and insulation manufacturers and contractors to control shipyard asbestos dust exposures. b. Pipe covering and block Serious consideration should be given to those products contain ing lower amounts of asbestos As part of that effort, Duncan A. Iloladav and William R. fiber. Several British firms have Rcitzc of the IIHRP prepared a procedures guide for shipyard insulation application and removal. Because of its relevance introduced asbestos-free calcium silicate block and pipe covering. to all insulation work, portions of it are given in this issue of To date, however, this material Insulation Hygiene Progress Reports. has not been adequately evaluated A complete report was presented by the authors at'the Inter in the United States to determine national Symposium on Safety and Health in Shipbuilding and how it will perform in use. Ship Repairing, at Helsinki, Finland, on August 30, 1971. Reduction of Dust by Changes . by Duncan A. Holaday and William B. Rcitze The general goal in all insulation work should be to maintain a clean environment. Measurements of concentrations of asbestos fibers ("dust counts1') in the atmosphere can be used to identify sources of contamination and to point out deficiencies in control methods. Primary reliance for control of ex posures, however, must be placed on faithful observance of operating rules. Control of Asbestos-Containing Dusts by Use of Substitute Materials Substitution of materials contain ing reduced proportions of asbestos or no asbestos at all, is becoming more common in ship construction. Before a material is substituted for asbestos, however, two questions must be carefully considered: a. Has the substitute material been tested? A not. it may turn out to be of the same or greater hazard than the material of known haz ard. Tills sort of thing has hap- in Work Methods a. Mixing Asbestos Mortar t|l " This operation has usually roen done at the job site. While the time spent in mixing is quite short, considerable dust is pro duced. A tested method of control is to mix the mortar dockside under controlled conditions and package the mixed mortar in sev eral containers for transportation to the job site. Mortar is also available packaged (Continued on second page) Bi MT-PWHD-008862 Insulation Hygiene Progress Reports Vol. 3. No. 4 from the Winter 1971 Insulation Industry Hygiene Re search Program Editor: W. J. Nicholson, Ph.D., Published at the Environmental Sciences Laboratory (Irving J. Selikofl, M.D., Director!, Mount Sinai School of Medicine of the City Uni versity of New York. New York, N.Y. 10029 Advisory Council of IIIIRP Irving J. SelikofT, M.D. Program Director and Chairman E. Cuyler Hammond, Sc.D., Vice President, American Cancer Society, New York, N.Y. Albert Hutchinson, General President. International Association of Heat and Frost Insulators and Asbestos Workers, Washington, I).C. Fred L. Pundsack, Ph.D. Vice Presi dent, Research and Development, Johns-Manville Corporation, New York, N.Y. PURPOSES OF THE INSULATION INDUSTRY HYGIENE RESEARCH PROGRAM Procedures Used at Puget Sound Naval Shipyard (Continued from first page) in several sizes of plastic hags which have a spout through which water is introduced. Sufficient wa ter is added to moisten the mor tar; after premising, the hag is opened and the remaining water added. The carton in which the bag is packaged may serve as a mixing box and waste container b. Pre-cutting pipe covering and block in the fabrication shop Hand-cutting of pipe covering and block should be kept to an absolute minimum, bend sections, pipe cover lengths, and blocks, should be cut in the fabrication shop on exhaust-ventilated equip ment. How the Navy Does It At the Puget Sound Naval Ship yard, cut sections are dipped in water and then packed in plastic bags which are labeled to identify the location where they are to be used. The cut sections are still damp and relatively dust-free when they are applied and the plastic bags are available for use in collecting wastes. c. Pre-scoring blocks Insulation blocks should not be scored at the job site. Blocks which have been pre-scored by the manufacturer can he pur chased, or standard blocks can be scored in the fabrication simp by using an exhaust-ventilated gang saw. d. Insulating pipe assemblies in the shop Some pipe assemblies are quite intricate and are troublesome to lag while in place. A satisfactory method of doing these jobs, par ticularly during ship repair, which is employed by the Puget Sound Naval Shipyard, is to re move the assembly in conveniently sized sections and transport them to the shop. Here the old insula tion is removed, any necessary repair of the pi|>es performed, and the assembled section re lagged. Relag in the Shop Not only is dust dispersion re duced, but it is much more con venient to re-lag the section in the shop than when it is in place shipboard. Any insulation which is damaged during transport and fitting is repaired after the sec tions are in place. e. Hand-cutting at job sites Some hand-culting at job sites is unavoidable. However, dispersion of dusts by these operations can be minimized. A portable downdraft table is used by the Puget Sound Naval Shipyard. This table has folding legs so that it can be carried down companionways and set up conveniently to the work. A small industrial vacuum cleaner is the source of exhaust. Scrap is dropped into a plastic bag and a (Continued on third page) ' 6 1. To develop improved methods for minimizing ex posure of insulation workers to dusts and fumes encoun tered in their work. 2. To disseminate knowl edge of these improved methods of dust control wherever they may be ap plied advantageously and to offer cooperation, advice and assistance toward their universal adoption. High temperature mortar packed in plastic bag. Water is added to bag through spout and mortar moistened before opening. The moistened mortar is removed as required and mixing completed in shipping container. All wastes are placed in container and sent to disposal at end of shift. Procedure used at Puget Sound Naval Shipyard for handling bend sections. Sections are cut in fabrication shop, dipped in water and placed in plastic bag. The bag is then labelled with the job-site description. PRODUCED JM-83 MT-PWHD-008863 Dampening fibrous glass blanket filler before cutting. Note lateral draft hood in which fabrication is done. fContinued from second page) dropcloth is placed on the deck under the equipment. /. Fabrication oj Pads and Ulan kels Pads for valves and machinery should be fabricated in the shop whenever possible. Amosite has been largely replaced by fibrous glass filling with covers of an asbestos cloth which has been treated with dust suppressants. As an effective means for suppressing dust dispersion and collection, the fibrous glass blanket is unrolled, dampened and rerolled. This pro cedure insures that all the blanket will be dampened. The blanket and asbestos doth shapes are cut in the lateral draft booth. g. Housekeeping and Clean-up Essential parts of a dust control program are housekeeping and clean-up procedures. Meticulous attention must be given to re stricting the spread of dust and larger wastes. Use of a dropcloth under a work area vividly illus trates how much waste would be distributed over the general area or to lower decks if one were not used. Areas should be cleaned up at the lunch break and the end of each shift, using an industrial vacuum cleaner to collect dust and small scrap. In all possible instances, work men should clean up their own areas. Where work rules prohibit this, the clean-up crew should be under the direction and super vision of the insulation foreman to insure that proper attention is given to this important subject. Reduction of Dusts by Use of Local Exhaust Ventilation a. Ventilation of Large Poiver Tools--Hand Saws Extensive use of band saws both in dockside fabrication shops and, on board larger ships such as aircraft carriers make emissions from band saws a major source of asbestos dust. Control devices for such saws have been known for years and are relatively sim ple. Conventional low-velocity, high-volume systems, using a negative pressure baghouse for air cleaning, are practical in a fixed installation fabrication shop. Because some degree of porta bility is desirable in a temporary shipboard fabrication area, a high-velocity, low-volume dust collection unit is desirable for Portable down-draft table developed by Puget Sound Naval Shipyard for use shipboard. Lightweight industrial vac uum cleaner is used as the air mover. Note plastic bag for scrap and drop cloth on deck. such use; it may also be suitable for fixed installations. The air mover is an industrial vacuum cleaner which pulls about 50 cubic feet of air per minute past the saw blade at velocity of more than 10,000 feet per minute. This system is a very efficient dust col lector. Units such as this can also be designed to control dusts pro duced by table saws and gang saws. b. Ventilation of Hand Power Tools High-velocity, low-volume collec tion systems control dust emis sions from most small power tools adequately. Saber saws for cut ting pipe covering and rotary saws for cutting asbestos cement board are well controlled with these systems. Control of Number of Workmen Exposed Scheduling of Insulation Work Standard industrial hygiene prac tices call for insolating operations which contaminate the atmosphere with toxic materials. Areas where insulation work is being done under conditions in which dust might be created should be iso lated by non-flammable curtains or other means. Whenever possible, work should be scheduled to minimize the numbers of other tradesmen in the area. Ship con struction operations are more readily scheduled than are ship repair or ship-breaking jobs. However, every effort should be made to keep the number of men exposed at a minimum. In par ticular, rip-out of old insulation should always be isolated and, if necessary, performed on an offshift. Trained workmen supplieii with proper protective equipment should always be used for rip-out work and it should be scheduled for rapid completion. Personal Protective Equipment In addition to dust suppression and dust control procedures, personal pro tective equipment is often necessary to reduce exposure and limit the spread of contamination. The equip ment described below is used in con trol programs. a. Protective Clothing Protective clothing is required to keep contamination confined to the work areas. One method is to issue disposable coveralls which can be removed when leaving the (Continued on fourth page) MT-PWHD-008864 A small industrial vacuum cleaner being used by a Local 62 asbestos worker for clean-up. (Continued from third page) work area or some time prior to entering the locker room anil placed in plastic bags for disposal. Resin Impregnated Paper A satisfactory type of protective clothing consists of resin impreg nated paper coveralls. These are inexpensive and readily disposa ble. They prevent spreading con tamination to laundries and elimi nate pilferage. They are worn for one shift, then removed and placed in plastic bags for disposal with other asbestos-containing wastes. b. Respiratory Protective Equip ment Occasionally some operations gen erate so much dust that it Is virtually impossible to maintain satisfactory atmospheric concen trations of asbestos fibers and respiratory protection must be provided to the workers. A variety of respiratory protective equip ment is available from which devices suitable for various situa tions can be selected. American National Standard Z88.3-1971, Safety Guide for Respiratory Pro tection Against Asbestos-Contain ing Dusts (obtainable from Amer ican National Standards Institute. 1430 Broadway. New York, N.Y. 10018) should be referred to for detailed information. Invisible Dust It is emphasized that unsatisfac tory amounts of respirable dust can be present in the air even though conditions are not visibly dusty. 1. Air-supplied Respirators Extremely dusty jobs, such as ripout of old insulation where dust concentrations are very high, re quire use of air-supplied respi rators which will deliver clean, dust-free air to a facepiece or hood. Two general types are available: air-line and self- . .'V < 1 Saber saw equipped with high-velocity, low-volume exhaust system. powered. a) Air-line respirators in which air is supplied to a hood, helmet or facepiece give the greatest de gree of protection. Air is fed to the facepiece from a compressed air-line. The air source must be located in an uncontaminatcd area and if the source is not specifically designed for breathing purposes, a temperature sensing alarm must he installed on the compressor or a carbon mon oxide monitoring device must be installed in the air-line. Disposable Hood Anti-freeze compounds should not be used in the compressor system; water vapor must be removed by dessicant and oil mists removed by a filter. A plastic, disposable hood has been developed by the Puget Sound Naval Shipyard for situ ations where a very high degree of protection is required. This hood and other similar ones are available commercially. The air line should be fastened to the hood with a quick-disconnect fitting. Selj-pou cred Respirators bl Air-line respirators connected to a compressed air supply limit movement, and this limitation can be troublesome. Self-powered res pirators do not impose such limi tations, but they do add to the equipment the workman must carry and they also require care ful maintenance. 2. Particulate-filtering Respira tors There are several types of par ticulate-filtering respirators. Those with a half-mask facepiece are considered most suitable for use by insulators. Only those ap proved for protection against as bestos dust by the U. S. Bureau of Mines should be used. These devices are recommended for use in situations where the atmos pheric concentration of asbestos fibers is at relatively low levels. All the recommendations for res pirator-fitting, training of work men and maintenance, detailed in Z88-3-1971 should be followed. a) Reusable particulate-filter ing respirators A variety of reusable particulate filtering respirators are available. To insure proper fitting, several different makes should be avail able from which the workman can select one. No one model respira tor facepiece uill fit all faces. Routine maintenance is absolutely necessary to replace clogged filters and leaking inhalation or exhala tion valves. Unmaintained res pirators produce a false sense of security. Maintenance Troublesome b) Disposable particulate-filter ing respirators Operation of an adequate respira tor maintenance program can be troublesome and, if only a few men are involved, impractical. Disposable respirators are avail able which are designed to be worn for no longer than one shift and then discarded. Education and Training No dust control program can he effec tive unless workmen and supervisors understand the hazards associated with the jobs, the sources of the hazards and the reasons for follow ing recommended procedures carefully. Understanding is only obtained by education of personnel anil training in correct operating procedures. For an education and training program to be successful, both management and labor must be concerned and partici pate. As with all safetv programs, it is essential that first-line supervisors be interested in and cooperate in the work. The harmful effects of neglect of pro cedures for controlling asbestos dust are not apparent for many years. Therefore, it is more difficult to con vince workmen and supervisors of the necessity of following rules for working with insulating materials than if more obvious physical haz ards were involved. Education in hazards associated with use of insulating materials and in struction in correct work practices should be included in apprentice training programs. PHOTO CREDITS: Pg. 1, I.I.H.R.P.; pg. 2, Ryder Industries and Puget Sound Naval Shipyards I P.S.X.S. I; p. 3, P.S.N.S.; pg. 1, l.I.H.R.P. and p.s.N.hr e Du ID Jill - MT-PWHD-008865 |' -<* j 3^b*^iW^ <i^iL Am MaaUtioo *oHfof oroa k Simp lilit com! iImww ! . *Mtra( MMWM to Nr* M Howl Shipyard. Motwfol pt Mft dovodrafc t*M*. wMk o barra* *f wstsr, Mt 'iipiaad to wot Mwk fasodatooa malarial h prwaoi la tbs abop, vhsro <AmIm S"T. -- '`**1 h PSNS Conducts Model Asbestos Control Program *r MffiAMrr toNto; vrtMv tWlHW M MM MW*to* put to Bat vhao Ms pmrtpil material tone *** tor that otoartia U kotva to yradura a*ttol* baaarta W mar*t` health. IM probloota to itpair ao* caatoructMO take Shipyard tuts* aa vail aa anram tha mtaty praaiaat being rnoductad at tha ahlpyard. But tha jaarral public, aapaoallf fdenda or r*lau#e to varkara vba handM aabaatoa product*. (W| ba aapadally e PSNS coatrol to aabaaiaa lapamr awdto pfaBrtia tor any aMpyaa*. prtrata at pttbHc. by bata tha Nary'a Buna* to Uitoclai and Suriary (BUMED) aa* tiiu* autherttta* to tototawtal hygwa*. CMmmi to Lm a Waal* War II a SallktoT, Brador at EmMionmentto fcmew l tor? at Mt. Stoat MaOcaa V*ato to Now Tart, ha raaaarctoac toa Maata wiaakilloai Aa* IW. twnarvwi affect* tha citato tmag. or toataaiwaa to aai llama, eausad ? aa tmuimg accumWattoa to at Vartara handlin* atbaaua. < matortat or hao artaatea panicia* vfech might ba tahato* Lara partttlaa may (alt Iraat tha air rapidly, but tiny paruclaa may rrmata laapanlrd far hsura. Thaaa panicle* may antar iha luagp aa* ba trapped tharo. irritating Hmc tlaauao mt* cauam ~ ptoauaary dlaordar called aabaatatoa. SaUkotr* proveeaptohm vtib too mtolgoow toaaaav to m amthanuata atamt partly Itvm Iha fact that tha iftoi uaa may ******* mar I* to M yaora. m tool Wart* War tl Matoattoa partus at* to prtmary cmcaru, bacaaao thay verted during pans* to IWOa or aa aabaatoa caMfto. Much al iha aaostal raacliaa. havaaac. aaaata la barn bam a toaumn to ppaaaal aaaOMma tartar msm Thai wiwM to not attftraitad. tcrardutg ip Dr Harur Malar to Ow CtoJantU IMalta Dtoto/UMBL '71* Tha stiuatto* la aammhat toffona* at P*t. PM graph! al PSNS aabaaiaa caotrto mMawre* haa, to h bam pan al a diaptoy at BUMED to WarttagRm. D C. Thrva yaara apa tha atopyart mmiwi aa a mo*at tor ataanailm tporaaiymam--a*n ' Thai neat ' a too haa* to BUMED'a ladoalrtal by(tarn art* atoaqr * aatialactary oparotlng program vtodt va to vP'"9,i vara Itiua* l" toa aorty IBMa. bto wup probtom vaa getting vartara " ---- *-- m* Mo im*tial*rl dim. I'BR *tvtyt VOtP M. INR bock torn a W al toa at* tlmato ooa* m to* ma moot ato babto tola to taho toa *ato la Jaaaary. IMi, tha niprutn vara ntoa maa*a my. vhm a tarray ahova* Tl par eaot at tha toatoatora vara net saint iMm rtiuiady. WWW policy aaa* U ba Mat vartara vat** voir m tomtory Aanog peak parted* to *aat prvducti**. aa to mta* kt eamaot ac npptM out at* taautouaa. "vafa paaa o --- * -- - ---- *" Bacftaw aalA ""Atmny iibb a>i mn i > . pitman, too f a*to. limit atola la prvrato potional Sataty aa* Maalto. Cootacta* racamly, Htoa*oy tsto Tha turn to caotrto at PSNS ahova* a graal tftal to m "Thar ha* a lot al thing* va pteka* up tor Manual l Bacamman*a* Cae* Praeticaa. va to toa haa*a to toa Dapanmaac to Ubar Arts* |l ha *> Ta priaama that aabaaiaa coatrto at PSNI vhara. far that matter--vaa aivaya aa gas* a* naull, of caur*a. ba arreaaeua Daalapmant al tha pragraai ba* bom o praera* ante# mats al tha nrat vantllatim ar labait** dual control vara u*a* at tbs atoptbaut IMI. aceartong to PSNS tpokramaa. Santa to tha rip* conirota at PSNS ho** haaa > yaari ago. Datarmlnlag tha toll tor oompltog ai . The moat r*C*M path lor a*b***o* cnalrto hero bagm la in* tir a two an* ooa-hall yoar motocal atitoy M PSNS havod U to 1M pipa eorarar* aa* toaulataaa vfe pomttoa X ray nttoiaga. Ttet roprawnta* il par cam to tha vortara la that group, compare* to IS par com part tl** fladlnaa In tha van hlghaat group, btolamtokot*. Shipyard tofldal* pnUUa* ml that, to thorn U amt' an. il had bam pip* cwatsrt an* iwulawn J* yoara ar inai1* an* ha* baaa la that vark (Me* IMT ar baton Mtog a porta* to minimal Mbaataa control. Roger BoCktot. PSNS toduttnal hyglanIM. ala* aaplain** ihal a "pmllt**" reading vaa aa ln*l< dim to ay abnormal<ty la tha Imga an* caul* ba cauaa* by any nambor *1 nbotoev ar pankiaa. laetodlag tmttog although to thaw caaa* *6*tm vauM ba tha patmo Plttar camportmaats to tha aartotoci by ahatoaf tha sum h to_ fa_r m pliatic bag* tor ackott Mt* iha filttrt ara afllclaol . I Ito par cast atbaataa matanto vtiboal pawtog Itbara Waalay E Brmittr. gyaarto toramaa to >* mpps* Otraugh a arna* to plan* lor aebaato* vsrt damn*. torluiag tat Tt-toto by IS-loot panaM* Wmttto- k^a. Thom bui'tonga. vtth atbrata* catting rtelUltoa. " ba ato up near tha ahip being vorka* on. EflacUvoiWM ol yrocrduTM an ragularly ctoacka* *b aamplao. "W* Mat all pracaaaaa. than '"atil regular air tampitog about once a meath. Moto all 1 ayatoaw va Mail an baaa* m flndmga to tor mmpim. Racket! aipUlaa*. . ,_ EHiatoaum to ubaatm it tha Navy1* final goto. Ta ms an*, a lumbar to maaiKutiana alraady ara M <**- Pbarflam toaulaiwa la bamg utad In ptoea to Iha a'4 amosK*. vhkh aaa IS p*r crnl aabaatoa Plbarglsa* toata praaantu ara mi knnvn to cauaa any advaraa tolact* to tha htagt. Rackatt aaid. . ^ . J&'- 'i :i Kacplralart hr prmaaitm o< atboaioc Uboito<oo rp mandatory ogulpm-- r Skap W orkort. Larry taammicb panaaaUy ffian tba gld Mo t* av dltpatabls hfpat- >/ i r:0 ( MT-P\a/h n_nnRRRR i 60 Nixon Uses Title, Omits Name On HustingsMMtRIOK (Wish.) SUN W.dradjf.Voi.1.1J71 11 .jy.f 2^,j-;ar NOIMAN KKrSTZK Oj^conditnce. Ths psychology! whore Nigaa i I waihinctom support the winner. ; President's poilllct ia, The President continues to uikiot about ( U houaawifa Prsildoat Nlton'a hold hi* active campaigning to1 rollH paw "We'e mtalmuln. when ht doe* got that'* Nison." distance away a.TM brandished a l|: 10B|,CI * voiara. the to (Ira Uis if ^peign nIIN> whara Mid' *Nloa"a |n closely itipplag victory atta can't stop the NUtea anthu* hla supportan iqi Thai rtretagy |S a that allsrtl sppdiam George ]. McCovertt. 'stayed la mesUy while oslfb-lNhen- --Mid the feeitns was The .Taiidrnt pas campaigned borheod*. On his recant Ohlejoarhtpa mere Ilka the suburbs personally in arau wpara be Ir motorcade, the crowd >h lariaf Prague. 1 --Caarii*. Kao- more than M par cent white. '. Despite I a dice t torn that lucky, suburban and rural Obloi and (ha usually Republican Wadroom csmmunillaa on Haw: York'* Long island. ; Nitea wants to attract Ursa One newsman remarked that Nison's support is estremety; from the look of the paapUlbre,<- ,h* Pfasidanfa political tlon the .traau, the motpei ""* Httia! cade could be traveling through! ',Pr-l*,',v *>* om* the suburba of Stockholm.! JeBe ** " m*7 * mushy tel ways i directed t dent and minimizing Ota eitramtly partisan Him prtaidaniial yean, campaign artanisatUn to "Committee for the of the President " smittu mention of the Nina nan crowds of mostly frtMdly Another reporter, natms th*iB1*c**- paaaihUlty la rai ' Which certainly wet . The laris number of signs pro., opposition fa McCov. intended <a produce such . Ct out ina vela rathar man an hava bean Uaa i lead than a a ak to leiaitempi to change uMy'i campaign step mm > scheduled, lul although moat of hla' claiming the support of Eest> n affection for Nison.; displayed liancta Include' a spnnkJipgi European ethnic groups --I rn,R,u tna fiua non HI so > Ohio before (fed Nov. 7 election.; mind. in MaasachuMto < i instani hacklars and alfna support-! `Byaioniisiana mv four mare ?>'* vote toiather. Nlisn'a campaign etratagietel Personal appaaranca* an by|which may bs A mi McGovern. years ': -`Serbs for freedom- The Nison canpalfa hove stopped cautioning agalntcind large limited to erase atais for Niaaa'a The President has generally' Nlion-Agnew'; "Ciactia SAFEWAY Egan Chides Ford; Notes Alaska Law cafm^Gif)e^avas i5tt*lCrocaStyleOr 1 ..WMeKawl I ..5st*l 5^ 8 MU Into Ap-u.*| tUtil..................TawaHmc I Cn I 21pooch Piss*r?.<sre SOTAL L*-J Ij Wl d.-n-aVUSo. ' u u Ei'lfl iJ 1 EjceeuaT PCNZOIL Z-7 Ptkaa affactlaa Watoasday. Aaw martiaTn.9t.4}' nntoarts*.ltoao|klaSarda*.Mf --vwMrtowato 49-1 ttUtemiaatoMon. Compare... Why Paj More? E& Lucerne Cofi'oo-Tona 20 Instant Braakfcat --49* 20 Heavy Duty Foil... ..rurM 49* 20 Plastic Wrap......25* 20 Busy Dakar Grahons 32` 20 Busy Baker Sncj# 55* 20 Bash Pstor^ent... * 73* 20 Spray iereh.....sm**.. 9* STARKIST Light Tuna AlirU YUBAN Coffee RldCUfMlbm 5-J79 Covers Begich Case ANCHORAGE. Alaska (AP).as a maionty of ua vntas tn -- Gav. William a. E|U aayajtha Nov. 7 alacnon but cannot ;ih "tactics of tha Rapubicana|sarva. a vacancy Is lagally to> I In tba CMimatonat campal|n|darod by spatial jury procaao- ; ars boeomlng Incrtasingly ob-Mnga and a ipaual alactMA It jvioua," and Mys tha catnpaiinjprevidad for by law. - ra*lact Rap. Nick Bagiehl pracaad with vigor. H|tn laid it "Tha vacancy would to flltad by ai il alaction hstd A gsuniahini -Jtat Rapublican 'radar Garold Ford of Mlch'isn .ould Join any affort to canfuaa ha ppoplt of AlMko at a uma rack party's pnrruU that camJdata for iha - ; Egan waa rifamof _j ttatamant .........M..o..n..day by Ford that a dlsaarvlca' uid to dona If Conyraa* spacial alsciioa would to che**a by stats party convention tf no other method is provided * tha party ruiaa." mm Its tlrd session without Democratic govanwr i AJaakan in tha Houaa. it Important that Alap- Egan said Begich. D-AUsk* this t a candidate li of that Cea-l'hrough fear or confusion, wa cannot m. , ipond to the pretaura of au Begich and; tactics as wa art taamg a not be fuwnd ;P`oyed new by cartaia Renil ! Voice Student ; At UPS Will Give Utx-ital 'i'J -wgvrgCTf.gfe ^ Sfl-otr Hath Browns am 20* " 5* Mato.. - - - i _ *1" nquet Support. .tanT i :cl>gir Orange Juka ....a*S7' |A BtUair Crop* Juka............ 37 S Grapefruit Juka.............. 49 3 SeUair Groan Paas........... 31' if whoUB.brCwr.il.,.J=37. 3 French Frkd Petotoos ... SS 31* B Orange Juke .... u^TtS29* fic' ` -- _ -;v - *' .^ ) _*, 1m. ,JJ Hfl SSaaffeewwaayy FPrraevvWWects OOaaaaSStteaffPp '*>1 EEPepsodent..7^__. B CltAMiM At# Fb#It,iIm a I ----- A#w aw 1 _ _ stop siiiwSr T"* E)5> Contact Capsules.. 99c j _ . , ------- , . SpoaoltyVspatoblss .41u^Mai ~^ -I - B^HairSpray .^^S?', _* I Eto Hair Tonic........-^69' 20 Eftefdent.................. `l51 QTfl. Be Scope AAouthwash -M" EO Shomppp 99` WATCH FOR SPECIAL HAPPENINGS COMING TO Tha recital nent of tha > Bachelor > Schubert. Brahma to Bachoitt. A graduate of u PACIFIC ELECTRIC fuuc Achievement Award and acholarehip by Sigma Alpha ota. an international mualaaaav YOUR RAW FERRY SSREDUU... If...JOE K:3T0R.,,IS RE-EUOTEg >i ' )iA .wJ i Boneless Hams SaM ly Tka Cat 9BCOnh.Mk.Ca 4.90 Fresh Spareribs ^Fa.89e BeefsouSteck (LlOJi. Cfcake Parfattfr Age4 Ferfloml. $158 , Young turkeys ^' JIMrKatoto.fmM j -| -n--n-Crrr.auMSrh. if&lTSrm-T -- ScFzeeiiule l-iiil-Wiiiicr-Spring 1972*73 --r'n, ^ m [^Ground Beef......i95* BeefnSw Steak.. .^*1" Beef rlSSi Steaks.. o^i)`2" Lamb"c!r SteakS^.89* Lamb Rib Chops . iJL`1** Link Sausage.. --,...98' Lamb Leg .UASAtUlcS Sliced Bacon. . Uantklurb89( Bologna...... ^****^69* ^.JY9Corned Beef... Cooked Scallops........*2M Beef Wieners ww s 79 Turbot Fillets.............69* Fall Salmon. .*1" VOTf RICK SMITH 0 -- 23rd District , I f JM - 83 < MT-PWHD-008867 ****6rt m/mha ao tMti *wu aunai iTNrtdMhi iifVrfi^iii^.i iaM' ^ faflii 'Wfi .i B-*i>. iiB -WH' wi tatia*'Au-<iaaaaida3>iiii*i ^ ^^ i^ r*z** SALUTE Shop 02 Christmas Party at Elks Lodge December 12 Resume of the Meeting of the Shipyard Commander With Metal Trades Council d ttoOFFICIAL WEEKLY fUBLICATlON rifGET SOUND NAVAL SMtfYAftD tADM WILLIAM F. FETIOVIC. USN Vkiprmt4 CmmWk K. H KITTEN Oiractv WIWmtrml blitii Jwms I. Imm________ ... , ____fdfter Harriet McKiaraaa ______ Awcrata Mrtar Caatrihatan t. H*4aMSkiprerl lUmtrvtw L L Haaer---------- Sfcwyard Fkatafrmkar PRINTED WEEKLY at Hw Mekwa-Flatcter Priatiag Company, Bromcrtaa. Waskmpten, in compltoacc M NAVEXOS F-35. f*iic4 July, I9SI. fmn apprapriateJ faadt SALUTE n a Mhscnber to the NAVNEWS oaB Aawncoo Farcn Ftaa Service. Sead (mittthKi to SALUTE, Cade IM; liWHuw 25*4. Transportation (Shop 02) announces that the annual Christmas party will be held Saturday, December 12 at the Elks' lodge. Cnou of kooor will be "IW* ntorn it Transportation. A social hour will proceed the buffet dinner set for 7:30 pan. Dancing will follow. Shop 02 Christmas party tickets are S3.25 per person and can be obtained from immediate supervisors, or party committeemen Ken AduddelL Don Beedle. Dick Holder or R. SeindalL Ticket purchase deadline is 3:30 p.m.. Wednesday. December 9. Shop 02 retirees of previous years are welcome to attend. | IN MEMORKAM | VERN H. ROWE March 22.1918 - November 18.1970 Naval Architecture Technician Vem H Rowe. Design, began his civilian career with the Navy in 1942 at the Marc island Nasal Shipyard He left there in l44 for military service, re turning in 1946 He transferred to PSNS in 1951 as a shipfiltcr and moved to design as a naval architec ture technician in 1962 He is survived by his widow. Corina GLENN C SLTTON Foreman (Leadincman) Pipefitter Glenn C Sutton was first employed at PSNS l(H one year m 1935*36 He re turned an 1941 tu * helper general moving to helper pipefitter and receiv ing his pipefitter rating m 1942. He was promoted to ieadingman in April of 1952. He is survived by his widow. Frances, and two children USS Idaho Veterans Plan Reunion in June All former officers and men who served aboard battleship Idaho (BB-42) are invited to atlend the annual reunion next June 24-27 ai Long Beach. California For further information, write Chairman David C. Graham. USS Idaho Association. San Diego. CA 92111. Employment Tips SHIPYARD MERIT PROMOTION OPPORTUNITIES At 10:30 a.m., December 1,1970 Representatives prewnt: Mr. Paul G Warner, President. Metal Trades Council; Mr. Fred Pea* body. Member. Conference Committee: Mr. Lease! Pool, Member. Conference Committee. Mr. Rickard McCann, Member. Conference Committee. 1. Woritload: Admiral Petrovic indicated that there has been no change in the work load picture since the last meeting. All projects are coming along well includ ing the USS Constellation where the picture is good, it is anticipated that the Shipyard will be in a hiring posi tion in critical non-structural trades. This is to improve the balance between workload and the work force in the Machinery Group and to replace those lost through normal attrition. The tight work schedule require* work of a high quality with no mistakes in order to keep to the schedule Mr Peabody asked if there would be any further reductions in other trades and Captain Reh replied that he was reviewing the situation and any adjustments required would be minor in nature Mr Bathurst asked if there would be a cutback because of ceiling control imposed by higher authority and Admiral Petrowc indicated that he was not required to keep within a specific ceiling: only that employment level be kept at a commensurate level with the work performed Ceiling as signed m specific shop* was used by him ai a Tharugehadhl control only 2. Holidayu Admiral Petrovic slated that there are two holidays coming up; Christmas on Friday. 25 December and NewYear's on Friday. I January Work performed will be limited to servicetype functions and critical job* Every effort will be made to minimise the number of jobs worked These critical jobs will be designated and approved in the same manner as Saturday and Sunday overtime The need to work will be determined by the Department Heads or their authorized representa tive* The holiday period will be a normal work period; requests for leave J969 and it is anticipated that the next open season will be November 1972 4. Retirement: Mr Wa rner said the Council was receiving some complaints that re tiree* were having to watt a* long a* five month* to receive their first check Admiral Petrovic said that . he wa* aware of the problem and ha* asked the Industrial Relation* Office tv> pre pare a letter to the Office of Civilian Manpower Management pointing out the problem and asking that they go to the U.S Civil Service Commission recommending new procedure* to ac complish expedtuou* issuance of checks. 5. Shelter at bus stop: Mr. Warner said that a shelter wj, required for employees who had to wait for the bus near the .gasoline pumps at the Charleston Gate end of the Shipyard Admiral Petrovic said that part of the problem was due v commercial bu^rs which were required to load in that area in order to not interfere with Navy bu*e> Mr Mc Cann said part of the problem was the requirement for all bu^ passenger' to be cheeked at th> pomi b> the Mu rine* Admiral Petrovic a>ked that Codes 300 and 4oo review the traffic problem* to see if rerouting bust-' might not be the answer 6. Contractor Representative* in Shop 47: Mr Warner reported a complaint from SNvp 67 personnel n their relutKVftship with contract representatives Admiral Petrovic said that the prob lem* had resulted from a procedure in which measuring instrument* could be handled only by shop personnel This ha* been changed to permit contractor representative* to utiii/c Shipvjrd equipment which should resolve >mc of the conflict Commander Abbott and Captain Reh will liok into this situation to find out if the problem exists in other Shipyards and how it was resolved there Our electronic' technicians are highly skilled and it is intended that we utilize all their skill* will follow the normal procedure and *Swpormtovafit II Bh>pfittr ...... . SAoell Conorot Feromon I Transportation Eeutymm Operations .......... SnepO? Ganaral Foreman l Oparatmf Engmoar <MOrttm Epuipmawt) ........ 6hop02 Form* roMirod m swpmitting application ar* M1M an ova armourtcomoni 30-70 12-06-70 31*70 1MI-70 32-70 12-11-70 will require the approval of the super visor. Over the Christmas holiday we will be doing some critical work which FLAM Supervisory Paraentvai Mgt Spec. CS-13 or 14.....................................mo BuOpet Clark. C5-4 .................................................... Supply Gonoroi Enfinaet. GS-12. Tamp. MTE 1 y*ar (2 wcawtiw) --____Pianntng Cnemicel Cn|.nartr>t Toehmcian, CS-9 .................................... ................0*0* Engineering and *>r F treat Scronce Am OnioreiaopirAarp) CS-14 OAR* Clark Stenograph' GS3 or 4 .......................................................... ............mo Nuclear Engineering Technician. CS-9 Q eocawcia*) . Staffing Clark (Typng). CS-3 . .. ..............Planning ... mo FLAM C -- TO ESTABLISH ROSTER Inspoetor fShip's Ciocinca' System* - Nuclear) For Detail Only ...... 04*A Intpoctor (Ship Structural. Nuclear) For Dta<l Oniy ....................Q4RA inspector (Snip * Mechanical Systems * Piping. Nuclear) ..._...... Q4RA For Detail Only will require some staffing on the holi 265-70 12 24-70 day 206- 70 12-00-70 207- 70 12-14.70 3. Health Benefits: 211- 70 12-15-70 212- 70 12-31-70 The Federal Government s contribu 213- 70 12-16-70 tion to the payment of health insur 2)4-70 12-16-70 215-70 12-17-70 ance premiums will increase I Janu ary I97J to an average of 40%. The 206-70 05-30-71 Shipyard has been advised that insur 209- 70 05-30 7) ance will be increased at the same 210- 70 05-30-71 time This will off-set the increased VACANCIES IN OTHER ACTIVITIES TTTLE ACTtvmr Ann. Me. Supervisory industrial Cngr. CS-13 General Cngr. CS-13. Architect. CS12: Cierk-Typiftt. CS-4: Mach Engr. 11 6 12: Structural Cngr. CS ll 6 CS-11; Ctvtl Cngr. GS-11 6 12: Can. Cngr. GS-12 Cenoral Cngr. GS-12 Swpuy Electronic Cngr f&ata Fracoftfting). GS-15 Supvy. Cloft Cngr. (Can.) CS-15 Cngr technician (Elect). CS-9 Cantrod Negotiator. CS-12 Approioar. CS-12 or 13 Supey. Fhyvrcrct CS-14 ar Scpv Gtwtal Engr. CS-14 Roan Hartior Naval Shipyard Nava) Facilities Cngr Cammawd San Bruno. CA 94066 70-2750-1 Ann. dtd 11-16-70 Long Bauch Naval Shipyard C-23F70) Naval Ship Engr Center 617SD-750 HyatUvillc. Maryland Same aft Above . ^ 6)7r-729 Same at Above 6179E.05 Supv of Shipbuilding. Convexon 6 70-51 Raoair. Poftcagouia. Mississippi' Chartoftton Naval Shipyard 75(70 Atlantic Division ' val Focititw* *5-71 Cngr Comanfl. Ncciois. Viiginta Naval Ship Rooaarch 6 Development 7704671 Canter, Washington. D C 20034 12-26-70 Open 12-14-70 12-30-70 12-30-70 12-09-70 17-12-70 12-23-70 12-12-70 12-04-70 government contribution and will re sult in the increased cost to the em ployee being minimized In some in stances employees will receive a small increase in their take home pay a* a result of this increased contribution In most instances the employee will pay a few cents more per pay period as a result of the premium increase The Salute will feature a story and chart depicting the changes and pre mium costs. The increased cost of the various health plans does not mean that there :1! be an open season oN efltcial buRatin and ta Cade 172. MO. The last open season was November 7. Thank you: Mr Warner thanked Admiral Pet rovic for attending the Filipino Cele bration in Seattle a* the principal speaker. 8. Pay days: Captain Gallagher reported that pay days during the month of December will be on the 4th. 18th. and 31st W-2 form* will contain an accounting of salaries earned through 26 Decem ber. An article will be placed in the Salute explaining the principle in volved He ai*o reported that retiree* are given a Comptroller number which they may call for assistance if they have question* or needs following their retirement date 9. The meeting adjourned at 1)15. Submitted by: A. L. McFALL APPROVED W. F. PETROVIC Read Admiral. USN Shipyard Commander PALL C WARNER --vfc-a.-u.a la-4bc j?ufc a ..v *; .>* MT-PWHD-008868 December 4.1*70 SALUTE f*e3 Shipyard Leader in Combating Asbestos Dust Hazards Visiting New York Scientists Praise Control Program Asbestos is a mineral which occurs naturally in long, threadlike fibers, it does not burn . . . and i* an excellent insulating material against heat. Thousands of tons of asbestos products are used m countless industries each year, with shipbuilding among the largest of the users Approximately oneahird of the ma terial handled b> this Shipyard's pipecos er> and insulators is asbestos in one form or another. Alone with its attributes as a highquality and effective insulator, asbestos has a drawback Uncontrolled expo sure to fine asbestos fibers o'er a working lifetime sometime' leads to a respirators disease Recognizing that the probability, of such an occupational disease i> greatly reduced by minimizing the exposure through environmental control. Shipvaid indu'irui hygcni*K with the co operation of management. Libor, and the men on the job. have established a program at PSNS which is lar ahead of anv such program in any other shipyard. publu or private In October this program was pre sented at a symposium in New York City formed to Mudy asbestos expo sure problems ass-viated with the ship * hmUtenv industry \Miinc the Nh*pvjrij in niid-Soscmbcr mere three top ranking wtcniiMs n the field who Director of Field Studies for the Environmental Science Laboratory: Dr. Ilam Heimann. Professor of Environmental Medicine: and Duncan Holaday. Attociate Professor of Community Medicine. In the back row (left to right) are D. i. Bessmer. PSNS Industrial Hygiene Program Manager: Dr. E. W. McBratney, Shipyard Medical Director: and C. A. Mangold. Head of the Industrial Hygiene Branch of the Medical Department. ** * efforts. The principles and procedures which have been developed here will be of great use to other shipyards, particularly those which will soon start work on building the additions to our merchant fleet "We expect that thw program will kUpptv a significant pan of the infor A thorough training program, com plete frankness and honesty in explain ing the hazards and the value of the controls established, played a key vole in gaining the full cooperation of the wort force and in placing PSNS in the forefront of such programs, probably five year*, ahead of any other proce tables have waste container system.', including suction device* to prevent the material from falling on the fkwr and being tracked through widespread areas Ine material * wet down t>* prevent airborne duM pr-slu, tain Plastic bags are used extensively to collect the dust and portable vac heard the presentation made at the mation which will be contained in the The control of asbestos dust in the uums are used to suck the dust from symposium by C. A. Mangold. Head Manual of Recommended Good Prac work situation involves four main the work areas of the Industrial Hygiene Branch of the Medual IX*pjrtmeni All three arc on the staff of the bnv ironmental Scierne Laboratory. Mount Sin.ii Hosp.t.il, which i' directed hv Or Irving J. Sclikofi. .in internationally recog nized authority on the effects of as bestos on the hunun Nxjv Here for two days touring both ship and shop operations were Dr Harry Hermann. Professor of Lnv ironmental Med ictne. William Reil/e. Director of Field Studies for the Laboratory. and Duncan Holaday. Associate Professor of C ommunity Medicine and consult ant with the l. S Health Service On similar trips. Holaday has stud ied asbestos environmental conditions tice' which iv being prepared by a committee composed of representatives of all group* interested in protecting the health of workers in our ship yard* ** Early studies of the hazards of a*bCNto* dust in Shipyard situations were conducted by Industrial Hygienist D. J. Beismer. now Industrial Hygiene Pro gram Manager in the Medical Depart ment. For the past five years the stud ies and implementation of the control program have been one of the pricipal efforts of Mangold and his assistant. R. R. Beckett. points: (h use of respirators and ap plication of ventilation systems. (-> chances in work practices. t?i engi neering controls such as substitution of materials: and Ml the educational pro gram Until asbestos substitutes are in full u>e. the most significant reductions in airborne asbestos dust can be accom plished by changes in work practices. For example--at PSNS materials are removed from containers under venti lated conditions Dust collection sys tems are attached to power saws to capture the dust and all machines or Because the asbestos fabrication shop provides the best ventilated con dition*. materials are prefabricated there This reduce* cutting time by worker* aboard ship whicn pMUtKc* and spreads asbesto* dust All of these control measure* cov ering all phases of operaik'n-- fabrica tion. rip-out, installation, and house keeping practice*--were of particular interest to the Mount Sinai team Also of high interest to the team and pointed out by Mangold in a di>cussion of the program, was another important facet--that of dollars and cents cost. The program has resulted in a low cost expenditure through con centration in changes in work practices at 5(> shipyards in the l S. and for eign countries and had this to say of and through education of the work force. the PSNS control program: At the same time, some of the prac "Our group from Mount Sinai has been very interested in seeing the prog tices used here are so unique the visit ing scientists knew of nowhere else in ress which has been made at Puget Sound Naval Shipyard in controlling the exposure of workers to asbestos and other insulation dusts We have visited many shipyards in the United State' and other countries and have found that work aboard ship produces situations which are quite difficult to Control "In many places, some work has been done towards reducing the ex posure for man. but Puget Sound Na val Shipyard has gone the farthest in this line and developed the most satis factory operating program which we have seen to date "All those who have had a part in the dcvckvpment of the program should be congratulated on the results of their the control measures used in Lae sawing of asbestos is Sbop 56 Pipe-coverer and in sulator Fred Finch. Controls for dost include tbe respirator and the potnfr** downdraft table attached to a portable vacuum unit. The boles in the tabk allow the dust to drop through where it is picked up by the snrtaoa system. Finch recently retired from the Shipyard. the country where they are being used. As a result of the Mount Sinai sci entists' visit, the Shipyard Industrial Hygiene group wa* asked by Holaday to prepare guidelines for the shipbuild ing industry. Holaday is now serving on an ad hoc committee commissioned by the National Academy of Sciences to study asbestos control programs. Thus* oucc agwim cooperation of all those involved--management at all lev els. cognizant shop and departmental employees concerned, labor representa tives and the man on the job--dem onstrated on a variety of project* and programs in the pas:, has come through to place PSNS in the forefront of ship yards in this vital environmental con PFODUJEDtrol prograi .ill- -- MT-PWHD-008869 Fa{t 2 SALUTE December4. 1970 employees. Above are post award photos, identified as follows: la top left pboto. Captain F. J. Reh, Productioa officer, and Superintendent Shipfitter II E. J. O'Neill flank Shipfitters J. S. Ball and R. M. Sage, jointly awarded $726. Cap tain J. H. Webber. Planning officer, and T. E. Blanchard, Head. Design Fuels branch, flank Mechanical Engineer E. N. Sherbcsmaa in lop right pboto. Engi neer Sherbesroan received a sugg award of $765. la lower left photo, second from left is Shop 72 Sailmaker G. M. Crawford whose ZD card recommenda tion was honored with n Shipyard Commander authorized award of $500. Also in photo, left to right. Captain Reh. Crawford. Foreman (Ldgmn) Sailmaker E. J. Durkm. Service Group Superintendent J. B. Ensign, and Rear Admiral W. F. Petrovic. Shipyard Commander, who emceed the awards program. * * * t * * * Four Employees Receive Awards Totaling $1,985 fContinued from Page 1) valve to meet all the control require ment* of the shipalu He developed a sketch detailing a one unloading vjlvc jrrangemem and recommended jt be used m two of NavShips method Thu ch--nr w* approved and JppMcvMrt vrri riioUtd w aN Uip nf the DE-KUc. DFG-I and AGDE-I classes This modification has been applied to seven ships and has pioduccd the above significant savings Shipfitters Sage and Ball shared a S720.tt0 award based on savings of SI6.7(*H*i that hjs been directly at tributed to their combined efforts tn planning the construction of Tartar Terrier missile stowages for the l SS Detroit (AOE-4i The large project, consisting of !.?<*> assemblies, had been estimated to re quire 27.646 man-hours for the shipfitiers and welders The very careful and systematic planning by the award recipients reduced the man-hour ex penditures to only 20.319 man-hours reflecting labor savings of $33,410.00 Effective planning during construc tion of the prototypes resulted in the development of holding jigs, assist de vices and a weld sequence that over came the many problems encountered with the chrome-moly alloys utilized Resulting assembly line production assured high quality unit* through the use of the forming jigs that resulted in uniformity and excellent adherence to the close tolerance specifications The extreme accuracy during assembly minimised the flange turning and shop further savings An award ivf $5<x). a* authorized by the Commander. Naval Ship Systems Command, has been conferred upon Sailmaker Crawford The award cov ered S350 for $6.0(10 in savings and $!<( for intangible benefits Crawford's zero defect card rdentifted a problem on the Peters and Rus sell hand pumps for mfijtable lifebojt> h was discovered that the defect was caused by w'fi Milder which alk'wed the pump hjnds to come off easily His suggested fix was to silver solder them on As a result of the suggestion. Naval Ship Engineering Center investigated this problem Other design changes were added such as improved inspec tion procedure and packaging require* ments. The military specification was revised with the additional require ments of a torque test as well as up grading the method of fastening han dies 7* cunjuoctiufl with a tour of naval facilities in (he Puget Sound area the Navy Office of Civilian Manpower Management 1 erector of Labor and Employee Relations A. DiPasqnale and the KOCMM S. tiacisco Advisor for Labor Relations Richard Wells visited PSNS on Nover i-i and 2A. Included on the agenda were meetings with the Shipyard Comr. management rep- resentatives, and labor organizations. Pictured above 0 ivght) are Dean H. Cook, acting Director of Industrial Relations. DiPasqi;. . *d Wells. ADM CLAREY On-Job Injuries (Continued from Page 11 Not Covered byAide to Commander Submarine Force. I S Pacific Fleet Health BenefitsIn August. |9$* he assumed com mand of the fleet oiler Hassayampa and bier that year returned to the Pentagon for duly as Director of Mili Salute acain has lieen aim tary Personnel Policy. Office of the Assistant Secretary of Defense (Manp'vcr Personnel *nd Reserve I He *a> to Rcjr Admiral m Ju)\. |95w and in February. 196) was ap pointed Directive for Military Person nel. Office of the Assistant Secretary ed that there still exists em ployee mismidt'rstandH^ ee- on-the-job tnturtv*' SpucifieaMv. Ibe kuunar f mcdnal charges arising out f imumem of iit- of Defend (Manpower) juries sustained in the Shipyard In July. 1962. Admiral Cbrey re The proper jnJ correct jn-e ported to the Pacific Fleet as Com tually endorsed by me He.il::'. Ik mander Submarine Pouc. Pacific I leei Program jnd the Smpv.uJ Vile In thai capacity, he wjs responsible vision. i' thjt such injuries .ire n. for and directly supervised the prcpar- ered by the health benefi . pro: jtion and implementation of pljns for the first Pobri> submarines in the Pa cific fleet and furthered the develop hui that medu.d ire.omeni i- pr.t under the Bureau of F mpliw - ( : pensation (BFC ment of the anti-submarine warfare capabilities of the Pacific Submarine Force. He envisioned the need for sub marine employment with air and sur face ASV5 units and directed the de velopment of coordinated anti-sub marine warfare tactics, doctrines, and procedures For his accomplishments as COMSl'BP.AC from |962 to 1964 he was awarded the Legion of Merit. In June 1964. Admiral Clarey was promoted to Vice Admiral and re ported as Deputy Commander in Chief. Pacific Fleet and Chief of Staff and Aide to Commander in Chief. Pacific Fleet. For his service in this position he was awarded the Distinguished Service Medal. On August 22. 1966. Admiral Clarey became Commander V S Second Fleet and Commander Striking Fleet. Atlantic (NATO). As such he planned and successfully conducted Exercise LANTFLEX 66; participated in many high-level NATO planning confer ences; and served as Commander Joint Task Force 122 commanding Army. Navy. Air Force, and Marine Corps Employee responsibility, full BFC meifierrl . '\er.ige that on-lhc-ioh injur e he r Jerr.jn.i the responsible supervisor and that iij employee report io the Indu-trul Di pensary for immediate mec .at treat ment The injured employee or <ume<ne on his behalf shall complete a Form C'A-1. .Notice of Injury, provided by BEC lor such purpose. Lnless written notice of injury iCA-1) is given within 4g hours or unless the immediate su pervisor has actual knowledge ot the injury, compensation may be refused. Employees injured on the 10b arc en titled to free medicine and medical at tention. plus free hospitalization under BEC prov ision.v Employees desirous of avoiding PadfBb ing for medical treatment of on-th^"* job injuries out of their own pocxci. should remember the following: 1. All Health Benefits Program plans point out under the "exclusion'" information in their broenures that treatment for on-thc-job injuries is not covered. forces in Exercise CVvc-- Hitch III 2. To assure full BEC medical cov He was awarded * ' : Star in lieu erage. ail on-the-K'b injuries must be of the second D.-e cd Service reported to the immediate supervisor Medal for his per! . as COM- and a Ntice vi' Iniurv form < A -1 SECONDfLT : ' -----------. g i------------------ MT-PWHD-008870 Early Retirement Book Vaudeville Applications Due Acts; Movies for Prior To Dec 31 Only a few weeks remain for Christmas Shows Four Who Strived for Better Federal Service at Less Cost Rate Awards Totaling $1,985 Truly representative of an increasing legion of dedicated eligible employees to take ad vantage of the "early retire ment" program which has been in ef fect in the Shipyard since last spring. To retire early under the "resigna tion requested" procedures an em ployee must make application prior to December 31. Employees who are eli gible or will become eligible on or be fore December 31 have been notified Three big shows--each pro viding two solid hours of en tertainment tuned to the theme that "Christmas is for Children"--<-> the heart of Recreation's 1970 Kid dies' Santa parties. set for Saturday. December >9. at the Admiral theater. Especially booked for the day has been the Robert Mock Variety Show featuring dog. cycling, magic, jueelinc. PSNS employees who constantly strive for better service at by letter of their eligibility Those who less cost to the Government are the four workers currently honored at Shipyard Com- additional air operated unloading valve mander level with assorted in with its associated controls dividual and collective awards Engineer Sherbesman recognized that totaling $1,985. Those who carry out the daily work of the Shipyard are in the best position to see where time and money can be saved Seeing where savings, can be the need for an additional unloading valve be eliminated by selecting proper valve and piping configuration that would enable the existing unloading 4Continued on Page 2) have indicated they were not interested but have since changed their mind may contact their personnel office for proper procedures to follow. The actual date of retirement may be any dale on or before January 31. 1971. providing the . application is re ceived for processing prior to Decem ber 31. made i> one thing, doing something about it is another. Design Mechanical Eagioeer E. N. Sherbesman. Shop 72 Sailmaker George Admiral B. A. Ciarey To Assume \1. Crawford (RcU and Shop 11 Ship* Pacific Fleet Command Tomorrowfitters Robert M. Sage and James S. Ball stand tall in the ranks of the S ard's Doers. Admiral Bernard A. Ciarey Mechanical Engineer Sherbesman. tomorrow relieves Admiral attached to Design Fuels branch, re* ceiied an award of 5765 based on sav ings of SIB.50R realized through acti vation of his beneficial suggest Min His suggestion concerned simplified control and operation of the fuel oil service system during split plant opera John J. Hyland as Commander in Chief, U. S. Pacific Fleet in ceremonies to be held at Pearl Harbor. Present Vice Chief of Naval Opera tion. Admiral Oarry wm promoiad tion. Certain shipalts specified that a to ml mt admiral <m Jaaamv 17. mWa.-atK>n far split plant capabrinies mi dale at mm pprlaton t be accomplished b> modifying suction A Naval Academy graduate. Ois and discharge piping by installing an of ly34. his first assignment as a com and clown acts. All "live" stage per formances to be offered in addition to full length and cartoon movie features. And we haven't forgotten that Santa will be there, too. in person with treats for all kiddies. There k mo charge. Special colored tickets will be made available upon request at all Shipyard personnel of fices Ticket colors are Salmon for the 9:3<> a.m show Yellow for the ]2 noon show, and Green for the 2:30 p.m. show Limited seating necessitates that children must present a ticket for thea ter admission Larlv request assures getting show time of vour choice Each show *ill be two hours lone Towards defraying expenses of the Christmas parties. Recreation aeam i\ offering for sale a! 50 cents each. PSSS Season Greeting' buttons Military-,tvilian personnel support of the button sale i earnestly solicited Join War Prisoner Appeal Through .. Letters, Petitions Final Bowler Derby Events This Weekend missioned ensign was aboard the cruis er Milwaukee. He entered a submarine service in 1937. subsequently serving aboard submarines Nautilus and Dol Underway now across the Nation is a drive designed to send a united national plea to fm.il Bowler Derby cicni* will be rolled oier Westpark lane' Saturday and Sunday phin. He yyjh Exccutiic Officer aboard Dolphin at Pearl Harbor when the Japanese attacked the naval base on I itrl'injiU the gmernment of North Vietnam on behalf of the American prisoners of war now held in that country Derby leaders are Encet-Steiner. December 7. Iy41, and made one war miral Ciarey was awarded the Navy The drive includes circulation of pe mixed doubles event, with I.74 pins patrol in Dolphin lo the Marshall Cross wilfa two Gold Stars in lieu of titions and writing of letters, all des Force-Emery, doubles event with 1.6'? Islands additional awards and the Silver Star tined for delivery to North Vietnam pins, and Grands singles leader with a Medal. Additional WW-2 submarine serv government officials I 919 series la this weekend finals, there are still ice included war patrols aboard the Numerous tours of duty in Washing ton followed WW-2. These assignments Shipyard employees wishing to par ticipate in the program have two ave openings left in several events. Recrea Amberjack as Executive officer and were interrupted by a tour of duty as nues they may follow Under the lead tion Director Myrtle Pierce reports. command of new submarine Pintado Aide and Flag Secretary to the Com ership of Washington State Lieutenant Entry deadline is 30 minutes prior to which he skippered during four war mander Submarine Force. U. S. At Governor John Cherberg. a commit the last squad firiog at 2:30 p.m., Sun patrols in the Western Pacific. lantic Fleet. April 1947 to June. 1949. tee has circulated petitions throughout day For his service during WW-2. Ad* In June. 1951 he reported to cruiser the State which are available in the f Helena as Executive Officer and served community for signature. six months operating with the 7th Fleet Nationally. the letter-writing cam in Korean waters For participation m paign is requesting that letters be ad operations against North Korean and dressed to Xuan Thuy. Paris. France, Chinese Communist forces. Admiral chief North Vietnamese delegate to the Ciarey was awarded the Bronze Star Paris talks. The letter should be en Medal with Combat "V". closed in an outside envelope and Following a tour of doty as Com mander. Submarine Division Fifty mailed to POW-MlA. Post Office Box 1970, Washington. D C.. 20002 Two. May. 1952 to July. 1953. he was It is hoped that 100 tons of mail will ordered to tbe Politico Military Policy be delivered to the North Vietnamese division. Far East branch. Office of delegation asking the release of names the Chief of Naval Operations after of all prisoners, humane treatment, ex which be had a year of study at the change of sick and wounded, monitor National War College. In June. 1956 ing of treatment of prisoners by an in he was assigned as Chief of Staff and ternational organization suen as the /r//a //f// ji ,a A ** recent Combined Federal Campaign by (Continued on Page 2) Red Cross, and that prisoners be per mitted to send and receive mail in the officers and men of the t!SS Constellation Monday Night Meeting swelled the CFC coffers by 57.150. The donation check was turned over to the Set for JUOE MembersShipyard this week by Che "Connie s" dipper, Captain J. M. Tierney, aad Con- - minder C F. Schmid, ship s chaplain and chairman of the carrier's drive. Pic Members of Local 775. IUOE. will tured with the "giant-sized** check are (left to right) Commander Schmid, hold Their regular meeting Monday Captain Tierney, Shipyard Commander Rear Admiral W. F. Petrovic, and evening. December 7 The meeting will 'Shipyard Contributions Chairman Captain C E. Whiteside, Supply Officer. be held at Carpenter's Hall. Bremerton. cluding shipments of food, clothing, medical supplies and educational and recreational materials Those who participate should do so without delay to give the program full impact cated b *9smsm --------------- MT-PWH D-008871 -^7y ASBESTOS EXPOSURE AND PULMONARY X.-RAY CHANGES TO PIPE COVERERS AND INSULATORS AT PUGET SOUND NAVAL SHIPYARD * C. A. MANGOLD, R. R. BECKETT, D. J. BESSMER Industrial Hygiene Division Puget Sound Naval Shipyard . Bremerton, Washington August 1968 a MT-PWHD-008872 * The opinions expressed in this paper are those of the authors and do not necessarily reflect those of the Department of the Navy, the Department of Defense, or any other official agency. Reference to a company or a product name does not imply approval or recommendation of the product to the exclusion of others that may be suitable. This paper for presentation at the annual meeting of the Pacific Northwest Section of the American Industrial Hygiene Association at Richland, Washington on October 3-4, 1968. MT_P\/\/wn_nnQQ7o ABSTRACT. A 2-1/2 year comparison of chest X-rays of 6571 production workers and ' 420 clerical workers at Puget Sound Naval Shipyard show that Pipe Coverers and Insulators handling asbestos have 21.27. diagnosed pulmonary abnormalities as a group compared to the next highest incidence of 3.57. for boilermakers, with some asbestos and silica exposure, and less than 17. for clerical workers, with no known asbestos exposure. Exposure patterns suggest that the current TLV of 5 rag/M^ for asbestos may be too high. j: 1. INTRODUCTION. Numerous authors describe many case of asbestosis and the increased risk of lung cancer for insulation workers with regular exposure to asbestos or asbestos-containing materials (1,2,3,4,5,12,13,14). Fleischer (1) found few cases in 1946 of asbestosis among insulation workers in Eastern Navy Shipyards and minimized the potential hazard because dust levels were below the threshold limit value. Asbestos exposures to insulation workers during ship overhaul at Long Beach Naval Shipyard were evaluated in 1965 by Karr (4) showing asbestosis remains a serious occupational disease at Naval shipyards. Nearly all of Harr's work was done with the Bausch and Lomb Dust Counter. Balzer (7,8) reported in 1968 that insulation workers in the San Francisco Bay area were exposed to overall environmental dust counts near the threshold limit value; however, definite radiologic lung changes were observed in the asbestos union population. Approximately 257. of the men with over 20 years work experience and a 457. time weighted exposure displayed radiologic lung changes. His studies however, did not include Naval shipyards. Cooper (6) and Balzer (7,8) point out that the midget impinger sampling used in determining dust concentrations includes all dust, and the asbestos dust that is counted is mainly grains although some fibers are included. Lynch and Ayers (9) have suggested that the 5 oppef threshold limit value is no longer a good measure of asbestos exposure, because short asbestos fibers are largely below the resolving power of light field microscopy. Cralley et al (14) has suggested that asbe$tp$ fibers act as carriers for carcinogenic metals or other substances. .2 2. STUDY BASIS. At Puget Sound Naval Shipyard, a 2-1/2 year study was begun in 1965 to compare the chest X-ray findings and the environment of 104 insulation workers with 6571 production and 420 clerical workers. Asbestos exposures have been periodically evaluated by midget impinger sampling and counted by light field microscopy since 1956 (10,11). The same methods were used in this study to compare data collected over the past 12 years. 1 c v jr,, ^ i 3. COMPARATIVE REVIEW OF CHEST X-RAYS. Most X-ray evaluations were based on several reviews over the 2-1/2 year study period. Those workers who were exposed to lung hazardous conditions received semi-annual 14 x 17 inch chest X-rays, all others received annual 70 sza chest X-rays. Physicians listed the X-ray findings as "fibrotic changes," or "pulmonary abnormalities." Table I shows the distribution of diagnosed pulmonary fibrosis, or other abnormality for each trade category. Because the insulators had the highest incidence (21.27.) compared to all other trades, the work history was investigated. Table II compares the age, employment, and first pulmonary abnormalities for 22 insulation workers. Table III summarizes the only case diagnosed as asbestosis reported during the study. Table IV shows the distribution of pulmonary findings compared to the years exposed. ^ No cases of lung cancer were reported in the study group. 4. ENVIRONMENTAL REVIEW. Airborne samples were collected and counted' according to the method adopted by the National Conference of Governmental Industrial Hygienists in 1942 (10,11). Particle size distributions were calculated for 207. of the samples. The geometric mean diameter did not exceed 2.3 microns by the light field method for any sample. Many asbestos fibers were probably below the limit of resolution of the microscope (1 micron) (9). The number of fibers observed ere related to the type of material. The materials described in Table V are used by nearly all insulators at Puget Sound Naval Shipyard. The asbestos products are similar to those used by union employees in the San Francisco Bay area (7,8) and Long Beach Naval Shipyard (4). . Thoroughly wetting aoosite or other asbestos nateria'ls was found to reduce airborne particulate levels by one-half to two-thirds compared to dry handling techniques. Wetting amosite or magnesia block before ripout of old insulation aboard ship is not practical because the adhesive and paint coating is water resistant. Installation or ripout of asbestos insulation ahatard ship produces high concentrations of airborne asbestos dust. Adequate ventilation and wet handling techniques in the fabrication shop keep the dust levels well below the TLV. Table VI shows the estimated time weighted exposure to asbestos determined from work schedules and field sampling. The exposure patterns for each insulation job on new ship construction, overhaul, and pre fabrication are estimated in Tables VII, VIII, and IX. Graph A shows a typical sawing operation where excessive exposures occur for brief periods. Althoug-i dust respirators have been required for installation or ripout of asbestos aboard ship since 1956, this survey found that 767, of the insulation workers did not use dust respirators. Over 507. did not possess respirators which are readily available at tool rooms. 5. DISCUSSION. The exposure patterns of insulators at Puget Sound Naval Shipyard are intermittent, largely chronic low level, but include brief acute high level episodes during sawing or overhaul of ships when old insulation is ripped out without pre-wetting the material. Individual exposure patterns vary widely within work groups because of high mobility, individual work patterns, variety of job assignments, and the use of many different materials. I The insulators have a comparatively light exposure when compared to asbestos miners or fabric manufacturers, yet after about 10 years of exposure chest X-rays begin to reveal increased diffuse markings. Change of job status, termination, or removal from the hazardous duty list may obscure the past occupational history of insulation workers. There is a need to develop a uniform classification for reading and identifying such X-rays taken of insulation workers (14) and to maintain their occupational history. The'individual habits of workmen appear to play a large part in their exposure patterns. Some workmen wear their respirators, while others will not. Most insulation workers were aware that exposure to asbestos, even at low concentrations, is hazardous. The attitude prevails that the hazards are unavoidable and must be accepted as part of the trade. Total dust counts are believed to be important because some of the grains are actually particles from the asbestos fibers or thq parent rock in the asbestos vein. They are in fact crystallographically indistinguishable from fibrous -asbestos (9). Binders, metals from processing (14) and surface absorption may play yet another role. Until these uncertainities are resolved, the fines associated with asbestos products should not be treated as inert material. The 21.27, diagnosed lung abnormalities found in insulation workers compared with 257. (7,8) found in union insulation workers in the San Francisco Bay area. The 3.57. occurrence of pulmonary abnormalities among boilermakers with marginal exposures to asbestos and silica may be partially due to asbestos. ' 6. CONCLUSIONS. A 2-1/2 year comparison of chest X-rays of 6571 production workers and 420 clerical workers at Puget Sound Naval Shipyard showed that 104 insulators handling asbestos have 21.27. diagnosed pulmonary abnormalities compared to the next highest incidence of 3.5*'. for boilermakers with some asbestos and silica exposure, and less than 17. for clerical workers with no known asbestos exposure. 3 MT-PWH n_nnftft7 Only one case of asbescosis was diagnosed since July 1965 when the study was begun. Exposure patterns and the high incidence of lung abnormalities suggest that the current threshold limit value of 5 mg/>r for asbestos may be too high. Lung abnormalities of insulators are first evident after about 10 years exposure and progress until retirement or termination. Insulation workers handle asbestos materials between 70 - 907. of the work shift. The exposure to asbestos dust is intermittent, although brief episodes at concentrations considerably above the TLV do occur during sawing or ripout. The total airborne particle count ranges about 5 mppcf for about 507. of the work day. The asbestos content of the materials ranges from 15 to 95*4. The work day has periods of inactivity, time between job changes, and time for material acquisitions, which reduce the actual exposure to about 6 hours. ./ A high incidence of lung abnormalities would not be expected according to tine weighted exposures compared to the present TLV. This is contrary to the 21.27. pulmonary abnormalities among insulators shown in Table I. Possible explanations are: a. The pulmonary abnormalities are the result of intermittent peak exposures throughout each work day for more than 10 years. The tine weighted exposure estimates are low and do not reflect the trbe exposure. b. The threshold limit value has been set too high. c. Methods of evaluation do not properly access the exposure pattern. The 21.27. pulmonary abnormalities found among insulation workers at Puget Sound Naval Shipyard compare to 257. found in union insulation workers in the San Francisco Bay area (8). If working conditions remain the same, about 207. of the insulation workers at Puget Sound Naval Shipyard can be expected to have some pulmonary abnormalities distinguishable by chest E-rays after 15 years in the trade (Table IV). * * J 4 ffj MT-PWHD-008877 reference: s (1) Fleischer, W.E. ; Viles, F.J.; Glade, R.L.; and Drinker, P.: A Health Survey of Pipe Covering Operations in Constructing Naval Vessels, Journal of Industrial Hygiene 6 Toxicology 28:9 (January) 1946 (2) Selikoff, I.J.; Churg, J., and Hammond, E.C.: Asbestos Exposure and Neoplasia, Journal of American Medical Association 188:22 (April) 1964 (3) Keane, W.T., and Zavon, M.R.: Occupational Hazards of Pipe Insulators, Archives of Environmental.Health 13:171 (August) 1966 (4) Marr, W.T.: Asbestos Exposure During Naval Vessel Overhaul, American Industrial Hygiene Association Journal 25:264, 1964 . (5) Selikoff, I.J.; Churg, J., and Hammond, E.'C.: The Occurrence of Asbestosis Among Insulation Workers in t'ne( United States j New York Academy Sci. 132:139 (December) 1965 * (6) Cooper, W.C.: Asbestos as a Hazard to Health, Archives of Environmental Health 15:285 (September) 1967 (7) Balzer, J.L.: The Work Environment of Insulating Workers, American Industrial Hygiene Association Journal, Vol. 29, No. 3 (May, June) 1968 (8) Balzer, J.L.: The Industrial Hygiene for Insulation Workers,* Journal of Occupational Medicine, Vol. 10, No. 1 (January) 196S (9) Lynch, J., and Ayer, H.: Measurement of Asbestos Exposure, Journal of Occupational Medicine, Vol. 10, No. 1 (January) 1568 (10) U.S. Public Health Service Publication, #614, The Industrial Environment It's Evaluation and Control - Counting and Sizing Airborne Dust, 1966 (11) Standard Procedure for Sampling and Counting Dusts, adopted by the 5th annual meeting of the National Conference of AGCIH, American Industrial Hygiene Association Journal (Nov-Dec) 1967 . (12) Kleinfield, M., et al ''Mortality Experience in a Group of Asbestos Workers, Archives of Environmental Health," 15:177-ISO, (August) 1967 (13) Tabcrshaw, I.R., Asbestos as an Environmental Hazard, Journal of Occupational Medicine, Vol. 10, No. 1 (January) 1968 (14) Cralley, L.J., et al Research on Health Effects of Asbestosis, Journal of Occupational Medicine, Vol. 10, No. 1 (January) 1968 5 MT D\y\/i_in> INCIDENCE OF DIAGNOSED PULMONARY FIBROSIS TRADE TOTAL WORKING FORCE ' WORKERS WITH PULMONARY FIBROSIS OR OTHER ABNORMAL X-RAY FINDINGS NUM3ER PERCENT Shipfitters Sheetmetal Workers Forge Workers 890 A89 32 6 ,7% 6 1.27. mm Welders Inside Machinists . 998 536 11 1.17. 1 .2i Outside Machinists 490 Boilermakers 115 4 3.57. Electricians 574 Pipe Coverers A Insulators 104 22 21.27. Pipefitters ' 765 6 .87. Shipwrights A Joiners 228 Electronics Workers 280 Painters 263 4 1.57. Riggers 664 1 .17. Temporary Services 143 1 .77. Control Group (clerical workers) 420 .1 .27. August 1968 ; TABLE I 1.5 ; to ' (it ' INTERVAL BETWEEN EMPLOYMENT AND FIRST X-RAY INDICATIONS OF LUNG ABNORMALITY i 1 JMPL0Y5E 1. 2 3 4 5 6 7 8 ^9 10 11 12 13 14 15 16 r 17 18 19 20 K 21 $ 22 ACE WHEN HIRED 22 22 18 27 26 39 31 ' 30 25 28 41 36 45 35 49 38 54 31 57 47 22 YEAR HIRED 1933 1933 1936 1939 1941 1941 1942 1944 1945 1947 1947 1951 1952 1952 1953 1960 1958 1961 1961 1961 1963 1965 CHEST ' CONDITION 1st NOTED 1959 1954 1958 1963 1947 1953 1961 1951 1963 % 1965 1964 1963 ' 1962 ' 1958 1962 1960 1960 ' 1966 1961 1962 1965 1966 INTERVAL BETWEEN EMPLOYMENT AND 1st X-RAY ABNORMALITIES 26 years 21 22 24 6 12 * 19 7 18 18 17 12 10 .6 9 _- 2 5 . 1 2 1 YEARS IN PC01 TRADE AT PSNS (WHERE KNOWN") 33 33 30 27 25 25 17 22 21 * . 20 20 15 - .' 13 6. S' 5 5 5 3 1 August 1968 TABLE II P0<: fft ! MT-PWHD-008880 EMPLOYEE NUMBER 7: CASE HISTORY DATE 1942-52 1952-60 1960 1961 1967 1967 OCCUPATIONAL HISTORY . ' PC&I at PSNS . PC&I maintenance work, apartment houses PC&I at PSNS ` PC&I at PSNS ; PROBABLE ASBESTOS EXPOSURE unknown intermittent, less than 5 mppcf * less than 5 mppcf less than 5 mppcf disability retirement compensation awarded for disability due to asbestosis CLINICAL HISTORY X-ray: negative ' :: X-ray: negative Pulmonary abnormal ities 1st noted in X- ray Asbestos found in lung during surgery * 5 mppc is the current recommended threshold limit value for asbestos i August 1968 TABLE III MT-PWHD-008881 C' ' ' S' DISTRIBUTION OF LUNG ABNORMALITIES AMONG PIPE COVERERS AND INSULATORS 'I + * `' INCIDENCE OF DIAGNOSED PULMONARY FIBROSIS OR OTHER ABNORMAL X-RAY FINDINGS YEARS AT PSNS 0-5 , 6-10 11-15 16-20 21-25 25+ < NUMBER OF WORKERS 25 28 11 20 7 7 MEDIAN AGE 37 .> 47 . A3 48 51 f 56* NUMBER WITH PULMONARY CHANGES 2 5 1. 4 4* 6 PERCENT OF INCIDENCE BY GROUP 87. 187. ` 97. 207. v . 577. 907. PERCENT OF INCIDENCE BY TOTAL PC&I WORK FORCE 27. '57. ; 17. 47. 47. 67. AGGREGATE = 21.67. 5 August 1968 -.is TABLE IV INSULATION MATERIAL AND USE AMOSITE ' Use: Piping, fittings, machinery units and large or irregular surfaces Composition: Long fiber asbestos 957. MAGNESIA BLOCK INSULATION Use: Tanks, boilers, valves and pipes Composition: Magnesium Carbonate * Long fiber asbestos 857. 157. ASBESTOS CEMENT .^ Use: Finishing and insulating, used over bare metals or insulation . and as a filler Composition: Johns-Manville rl301 Asbestos (Crysotile) 157. Portland Cement 177 Clay 337. Mineral wool 0* . Diatomaceous earth 207. 157 One-Cote Nodulated fiber and Asbestos (Crysotlle) - less than 507. Portland Cement less than 307. Diatomaceous earth less than 207. Clay less than 307. Calcium sulfate or nitrate less than 57 Organics trace August 1968 TABLE V INSULATION MATERIAL AND USE (Cont'd) UNIBESTOS Use: Piping up to 30 inches in diameter, very little is used at this time Composition: Finely ground asbestos fiber Waterproof adhesive ASBESTOS CLOTH Use: Final coat or lagging on piping, valves, tanks, fittings, and machinery installations * Composition: There are three weights ranging from 1.25 to 2.4 lbs/sq. yd 807. to 957. Crysotile or Amosite asbestos fiber with cotton fiber FIBERGLASS Use; . . Many types such as batts, sheets, molded pieces and felt are available for different applications such as vent ducts, piping and valves . Composition: Fibrous glass with binder CORK Use: Refrigeration ,and air conditioning piping Composition: Vegetable product ' RUBBER Use: Refrigeration and air condltioning~piping, replaces cork in most applications Composition: Foam rubber August 1968 TABLE V (Cont'd) v> ./- average time-weighted exposure to insulation materials * OPERATION AND MATERIAL Installation Amosite installation Magnesia block insulation cutting and installing Asbestos Cloth cutting, glueing and fitting Asbestos Cement mixing . Fiberglass, Rubber, and Cork PERCENT OF TIME EXPOSED NEW SHIP CONSTRUCTION SHIP OVERHAUL 10% 39% 20% * 1% * 30% * 11% 35% 15% 1% 13% Rip-Out Amosite Magnesia block insulation, Amosite, and Unibestos Fiberglass, Rubber, and Cork 4% 17% 5% Prefabrication in Shop '* Magnesia block insulation, Amosite and Asbestos Cloth Fiberglass, Rubber, and Cork * Baaed on 6 hour work day* Percent of Time Exposed 50% 25% . . r.*. i Aug St 1968 TABLE VI MT-PWHD-008885 Material and Operation Amosite: Installation Magnesia block insulation: cutting and Installing Asbestos cloth: cutting, glueing and fitting . Mixing asbestos cement . Fiberglass, rubber and cork NEW SHIP CONSTRUCTION Airborne Dust Concentration in Breathing Zone (Million Particles per Cubic Foot) Range Average 2.6 to 8.9 , 5.6 > 2.A to 13.3 3.1 to A.6 6.1 3.6 11.5 to 82.8 A7.5 ` Perce\it of Time Exposed (Average) Based on a * 6 hour day 107. 397. * 207. 17. or less -- -- 307. . August 1968 TABLE VII  SHIP OVERHAUL Material and Operation ' INSTALLATION Asbestos cloth; cutting, glueing and fitting ' nil - Magnesia block innulation: cutting and installing Arnosite ' ). . Fiberglass, rubber and cork Airborne Dust concentration in Breathing Zone (Million Particles per Cubic Foot) Range Average 2.8 to 5.7 t 4.3 3.5 to 40.5 2.6 to 8.9 16.7 4.5 --- -- Percent of Time Exposed (Average) Based on a . 6 hour day ` 157. ; 357. 117. 137. . * RIPOUT Arnosite Mapncsia block insulation a', asbestos cloth l Asbestos cloth and unibes tos Ffberrlaps, rubber 1.0 to 7.7 2.6 to 6.8 4.4 5.0 2.8 to 17.4 6.7 47. 177. * 177. 57. ' . TABLE VIII u n /v\a * ' PREFABRICATION IN SHOP Material and Operation Magnesia block insulation Amosite 1 >j * Asbestos cloth *' T' Fiberglass, rubber and cork ' Airborne Dust Concentration in Breathing Zone (Million Particles per Cubic Foot) Range Average 1.1 to 1.3 ' 1.2 (cutting) .32 (glueing) 2.4 (cutting) Percent of Time Exposed (Average) Based on a 6 hour day 677. . .39 to .41 .07 to .1 .1 to .15 .4 (sewing) .09 (glueing) .13 (pinning . and marking) ---- 337. August 1968 ( ./ TABLE IX % __________ 1 j \ V*J GRAPH A LLiO N PARTICLES PER C U B IC FOOT TOTAL PARTICLE COUNT . = L_ j 5 AS I < 4 `"_* I.'O! IP c; _ v/O-RK DA Y L jg Beach Naval Shipyard LONG BEACH. CALIFORNIA 90802 \ IN FCFI.V Mere* TO: Code 725 1? Oct* 1968 Mr D. J. Bessner Head, Industrial Hygiene Division Medical Department Puget Sound Naval Shipyard Bremerton, `Washington ?831ii EXHIBIT ft -- F~ WITNESS ttJD.-T- f6l.ssrr\9^ Pete S. Hunt. Reporter ____ J-n-96 Dear Dan, ' Thank you for the asbestos paper. Your chest X- ray finding are remarkably like those found in this shipyard for asbestos workers. After Iasi yeaf-s X- ray prcrran I vent over the findings and found 15 out of a total of 76 with Ian'*abnormalities thic could be caused by asbestos exposure - 20*?. Five in the grcrup had findings that I thought were not related to asbestos exposure such as healed TB . Two workers had emphysema . Two have since died. A worker with emphysema died of the effects of a brain tumor. The other lagger died of pneumonia and cancer* He had asbestosis * Hy dust counts in the shop run from 0.8 to 1.0 KPPCF for narking, trimming: and sewing asbestos cloth. We use fibrous glass in the pads instead of amosite* I received the results of Rodger Beckett's survey cf dust counting methods. It was not too much of a surprise that methods deviate all over the map. This same thing was brought out in the paper you cite, "Testing Compliance With TLV`3 for Respirable busta". As cru nay know a seeding was held in Pittsburgh to compare the dust counting methods of a number of organizations against standard samples. With the varied methods used the counts were not ftrnpar.-iS'1 r at all* I cjs already set up and using the HCGIH standard procedure for SF.mplin-3 and counting dust . So it is easy for me to agree vith tie recommendation that it be adopted by everyone. If you wa:it ta got ir.';o .-vr-p-hh 1 ng-more contsroTersiil you might..dp . a survey ' . . .-- t roi5ri,ig--:-irtain . r " 7~~ .1-- - I did not get on the mailing list soon enough to receive Vol III, !Io2 of Dust Topics that dccribes using normal propanol for a dust collection ijodium. Would you send me a copy of the article* Sincerely yours, Sheldon Fanning Industrial Hygienist IINO-N*TL*-l04.o/l IKCV. Mil 6P pR0Dl JUI. MT-PWHD-008890 r ' worker's role of civilian fire )i every ship repair, conversion, anged thinking in today's pack- not the "involved" worker role. Production, in the implementation of a new `"Civilian Fire Party" concept, has rewritten, upgraded the work er role. His interpretation of shipboard fire responsiveness has not only be come broader, but mure refined and positive in personal expression. As members of a Civilian Fire Party, workers now present a well-trained, closely integrated firefighting unit. Co ordinated shipboard firefighting efforts of such fire parties under Shipyard Fire Chief direction is expected to far sur pass end results of civilian fire watches of yesteryear--no matter how zealous was the latter's endeavors. Civilian Fire Party organization and training has been placed under joint supervision of Shop 99 and Admini"rativc Fire branch personnel. Each . e party is comprised of 17 workers, in turn, backstopped by 17 additional workers. All Civilian Fire Party mem bers are to wear a special red button for identity and to indicate fire as signment duty. A Civilian Fire Party roster com prises one supervisor, four operators of oxygen breathing aparatus, two nozzJcmcn. three hosemcn, and three COa operators. Also trade journeymen rep resentation such as electricians, pipe fitters and welders. Present primary target of civilian -parties is'tne fire prevention-sup pression protection their presence will provide aboard submarine overhauls and conversions. Shipforce personnel are generally assigned fire watch duty aboard carrier overhauls, and such service aboard new construction is pro vided at special request. Present plan of Civilian Fire Party "lion aboard a ship when fire is re nted is for every member to immediitcly report to a prc-dcsignatcd com ' nand post. Upon reporting. Civilian :irc Party members will assist in supressing the fire as directed by Ship- I 1,75 Shlpymi Employees The Shipyard Medical Department announces that a new- special service will be offered to 1,750 employees of the Ship yard from May 17 to June IS inclusive. This service will consist of two screening tests de signed to detect the early signs of lung disease such as chronic bronchitis and emphysema. Rcsults obtained by this new cqla ment will be reviewed in the c(f:ccs of Dr. George Lawton of the Bureau of Mcdcine and Surgery for consideration PSNS' Medical Director Dr. E. W. of providing this service at other Navy MeBratney reports that the University installations. of Washington Medical School and the The equipment will be installed in a U. S. Public Health Service will pro University trailer which will be located vide thaw important tests in coopera at three different sites, in the Shipyard tion gmryapg ftfedicai De- for workers who wish o make appoint partniCB^WMg'Tffe'gpprbVMFlmd sanc ments for the tests. tion of the Bureau of Medicine and Appointments will be offered to men Surgery. in three groups: structural, machinery, The tests will consist of a breathing and electrical. Those who volunteer test and an interview concerning respir cannot be promised an appointment, atory symptoms. Reports of results will but every effort will be made to accom be sent from the Medical Department modate as many as the service pro to private physicians of workers when gram can handle. Dr. MeBratney ex test results show the need for follow-up plained. studies according to Dr. MeBratney. It is requested that all men who wish Dr. David Dischcr, U. of W, ex to volunteer, please be prompt in re plained that the breathing test equip sponding to the letter of invitation so ment has been designed jointly with that an appointment schedule can be Mr. Alan Palmer of the Public Health made up well in advance. Appoint Service and it represents a new con- ment letters will be mailed Weenesdav. PRO DUOED JiU _ )44 MT-PWHD-008891 V L 4G Beach Naval Shipyard illl^o &Sme\_ LONG BEACH. CALIFORNIA 90802 jAYINGS BONDS V IN RCPLV RCrCR TO: Code 725 1$ Oct, 1968 Hr D. J, Bessner ' Head, Industrial Hygiene Division Kadical Department Puget Sound Haval Shipyard Bremerton, `.Vashin^ton ?831i; EXHIBIT # f WITNESS ./.).T- Pete S. Hunt, Reporter MTr- ____i- n- Dear Dan, ' Thank you for the asbestos paper. Your chest X- ray findings arc remarkably like tl'ose found in this shipyard for asbestos workers. After last yeaf's 1- ray prerrar. I went over the findings and found 15 of a tct^l of 76 with lung*abnormalities thic could be caused by asbestos exporurc - 201. Five in the group had findings that I thought were not related to asbestos exposure such as healed TB . Two workers had emphysema . Two have since died. A worker with emphysema died of the effects of a brain tumor. The other lagger died of pmu-imonia and cancer. He had asbestosis , Hy dust counts in the shop run fr^xi O.P to 1.0 KPPCF f or narking, trimming and sewing asbestos cloth. We use fibrous glass in the pads instead of amosite. a I received the results of Rodger Beckett's survey of dust counting methods. It was not too much of a surprise that methods deviate aVl over the rap. This sane thing was brought out in the paper you cite, "Testing Compliance With TLV'3 for Respirable busts". As $ou nay know a meeting was held in Pittsburgh to compare the dust counting methods of a number of organizations against standard samples. With the varied methods used the counts were not empaTfty r at all. I La already set up and using the HCGEI standard procedure for- sf.-npling and counting dust . So it is easy for me to agree with the reerjnendation that it be adopted by everyone. If you want ta r;et in ;o :!f*3thlng-nore con taroveroLll you might do a sqqg7 xx-daS t In. --^ . I did not get on the mailing list soon enough to receive Vol IH, Uo2 of Dust Topics that dccribes usinf, nomal propanol for a dust collection sodium. :./ould you send me a copy of the article. Sincerely yours, Sheldon Fanning Industrial Hygienist itM-M*TL.-ie4e/i ntv. >.ai 6r MT-PWHD-008892 *J/'7f<60 &ss>f>u(koo iC ASBESTOS EXPOSURE AND PULMONARY X-RAY CHANGES TO PIPE COVERERS A1CD INSULATORS AT PUGET SOUND NAVAL SHIPYARD * 1 C. A. MANGOLD, R. R. BECKETT, D. J. BESSMER Industrial Hygiene Division Puget Sound Naval Shipyard . Bremerton, Washington August 1968 MT-PWHD-008893 The opinions expressed in this paper are those of the authors and do not necessarily reflect those of the Department of the Navy, the Department of Defense, or any other official agency. Reference to a company or a product name does not imply approval or recocmendation of the product to the exclusion of others that may be suitable. This paper for presentation at the annual meeting of the Pacific Northwest Section of the American Industrial Hygiene Association at Richland, Washington on October 3-4, 1968. .V i MT-PWHD-nnftftQA ABSTRACT. A 2-1/2 year comparison of chest X-rays of 6571 production workers and 420 clerical workers at Puget Sound Naval Shipyard show that Pipe Coverers and Insulators handling asbestos have 21.27. diagnosed pulmonary abnormalities as a group compared to the next highest incidence of 3.57. for boilermakers, with some asbestos and silica exposure, and less than 17. for clerical workers, with no known asbestos exposure. Exposure patterns suggest that the current TLV of 5 mg/Jr for asbestos may be too high. * 1. INTRODUCTION. Numerous authors describe many case of asbestosis and the increased risk of lung cancer for insulation workers with regular exposure to asbestos or asbestos-containing materials (1,2,3,4,5,12,13,14). Fleischer (1) found few cases in 1946'of asbestosis among insulation workers in Eastern Navy Shipyards and minimized the potential hazard because dust levels were below the threshold limit value. Asbestos exposures to insulation workers during ship overhaul at Long Beach Naval Shipyard were evaluated in 1965 by Karr (4) showing asbestosis remains a serious occupational disease at Naval shipyards. Nearly all of Karr's work was done with the Bausch and Lomb Dust Counter. Balzer (7,8) reported in 1968 that insulation workers in the San Francisco Bay area were exposed to overall environmental dust counts near the threshold limit value; however, definite radiologic lung changes were observed in the asbestos union population. Approximately 25L of the men with over 20 years work experience and a 457. time weighted exposure displayed radiologic lung changes. His studies however, did not include Naval shipyards. Cooper (6) and Balzer (7,8) point out that the midget impinger sampling used in determining dust concentrations includes all dust, and the asbestos dust that is counted is mainly grains although some fibers are included. Lynch and Ayers (9) have suggested that the 5 eppef threshold limit value is no longer a good measure of asbestos exposure, because short asbestos fibers are largely below the resolving power of light field microscopy. Cralley et al (14) has suggested that ssbetp$ fibers act as carriers for carcinogenic metals or other substances. 2. STUDY BASTS. At Puget Sound Naval Shipyard, a 2-1/2 year study was begun in 1965 to compare the chest X-ray findings and the environment of 104 insulation workers with 6571 production and 420 clerical workers. Asbestos exposures have been periodically evaluated by midget impinger sampling and counted by light field microscopy since 1956 (10,11). The same methods were used in this study to compare data collected over the past 12 years. 1 +> .* a. '% > % A *'t W' 3* COMPARATIVE REVIEW 07 CHEST X-RAYS. Most X-ray evaluations were, based on several reviews over the 2-1/2 year study period. Those workers who were exposed to lung hazardous conditions received semi-annual 14 x 17 inch chest X-rays, all others received annual 70 =a chest X-rays. Physicians listed the X-ray findings as "fibrotic changes," or "pulmonary abnormalities." Table I shows the distribution of diagnosed pulmonary fibrosis, or other abnormality for each trade category. Because the insulators had the highest incidence (21.27.) compared to all other trades, the work history was investigated. Table II compares the age, employment, and first pulmonary abnormalities for 22 insulation workers. Table III summarizes the only case diagnosed as asbestosis reported during the study. Table IV shows the distribution of pulmonary findings compared to the years exposed. .^ No cases of lung cancer were reported in the study group. 4, ENVIRONMENTAL REVIEW. Airborne samples were collected and counted' according to the method adopted by the National Conference of Governmental Industrial Hygienists in 1942 (10,11). Particle size distributions were calculated for 207. of the samples. The geometric mean diameter did not exceed 2.3 microns by the light field method for any sample. Kany asbestos fibers were probably below the limit of resolution of the microscope (1 micron) (9). The number of fibers observed $ere related to the type of material. The materials described in Table V are used by nearly all insulators at Puget Sound Naval Shipyard. The asbestos products are similar to those used by union employees in the San Prancisco Bay area (7,8) and Long Beach Naval Shipyard (4). Thoroughly wetting amosite or other asbestos materials was found to reduce airborne particulate levels by one-half to tvo-thirds compared to dry handling techniques. Wetting amosite or magnesia block before ripout of old insulation aboard ship is not practical because Che adhesive and paint coating is water resistant. Installation or ripout of asbestos insulation abmmrd ship produces high concentrations of airborne asbestos dust. Adequate ventilation and wet handling techniques in the fabrication shop keep the dust levels well below the TLV. Table VI shows the estimated time weighted exposure to asbestos determined from work schedules and field sampling. The exposure patterns for each insulation job on new ship construction, overhaul, and pre fabrication arc estimated in Tables VII, VIII, and IX. Graph A shows a typical sawing operation where excessive exposures occur for brief periods. 2 IV/IT n\ A/I in Although dust respirators have been required for installation or ripout of asbestos aboard ship since 1956, this survey found that 767> of the insulation workers did not use dust respirators. Over 507. did not possess respirators which are readily available at tool rooas. 5. DISCUSSION. The exposure patterns of insulators at Puget Sound Naval Shipyard are internittent, largely chronic low level, but include brief acute high level episodes during sawing or overhaul of ships when old insulation is ripped out without pre-wetting the material. Individual exposure patterns vary widely within work groups because of high mobility, individual work patterns, variety of job assignments, and the use of many different materials. l The insulators have a comparatively light exposure when compared to asbestos miners or fabric manufacturers, yet after about 10 years of exposure chest X-rays begin to reveal increased diffuse markings. Change of job status, termination, or removal from the hazardous duty list may obscure the past occupational history of insulation workers. There is a need to develop a uniform classification for reading and identifying such X-rays taken of insulation workers (14) and to maintain their occupational history. Theindividual habits of workmen appear to play a large part in their exposure patterns. Some workmen wear their respirators, while others will not. Most insulation workers were aware that exposure to asbestos, even at low concentrations, is hazardous. The attitude prevails that the hazards are unavoidable and must be accepted as part of the trade. Total dust counts are believed to be important because some of the grains are actually particles from the asbestos fibers or thq parent rock in the asbestos vein. They are in fact crystallographically indistinguishable from fibrous -asbestos (9). Binders, metals from processing (14) and surface absorption may play yet another role. Until these uncertainities are resolved, the fines associated with asbestos products should not be treated as inert material. The 21.27, diagnosed lung abnormalities found in insulation workers compared with 257. (7,8) found in union insulation workers in the San Francisco Bay area. The 3.57. occurrence of pulmonary abnormalities among boilermakers with marginal exposures to asbestos and silica may be partially due to asbestos. ' 6. CONCLUSIONS. A 2-1/2 year comparison of cnes-t X-rays of 6571 production workers and 420 clerical workers at Puget Sound Naval Shipyard showed that 104 insulators handling asbestos have 21.27. diagnosed pulmonary abnormalities compared to the next highest incidence of 3.571 for boilermakers with some asbestos and silica exposure, and less than 17L for clerical workers with no known asbestos exposure. I 3 MT-PWHD-00RRQ7 Only one case of asbescosis was diagnosed since July 1965 when the study was begun. Exposure patterns and the high incidence of lung abnormalities suggest that the current threshold limit value of 5 mg/.v for asbestos may be too high. . Lung abnormalities of insulators arc first evident after about 10 years exposure and progress until retirement or termination. Insulation workers handle asbestos materials between 70 - 907. of the work shift. The exposure to asbestos dust is intermittent, although brief episodes at concentrations considerably above the TLV do occur during sawing or ripout. The total airborne particle count ranges about 5 mppcf for about 50T of the work day. The asbestos content of the materials ranges from 15 to 957.. The work day has periods of inactivity, time between job changes, and time for material acquisitions, which reduce the actual exposure to about 6 hours. % A high incidence of lung abnormalities would not be expected according to tine weighted exposures compared to the present TLV. This is contrary to the 21.27. pulmonary abnormalities among insulators shown in Table I. Possible explanations are: a. The pulmonary abnormalities are the result of intermittent peak exposures throughout each work day for more than 10 years. The time weighted exposure estimates arc low and do not reflect the trtie exposure. b. The threshold limit value has been set too high. c. Methods of evaluation do not properly access the exposure pattern. The 21.27. pulmonary abnormalities found among insulation workers at Puget Sound Naval Shipyard compare to 257. found in union insulation workers in the San Francisco Bay area (8). If working conditions remain the same, about 20*1. of the insulation workers at Puget Sound Naval Shipyard can be expected to have some pulmonary abnormalities distinguishable by chest E-rays after 15 years in the trade (Table IV). '* i A V MT-PWHD-008898 . %> \Vi/ REFERSXCES (1) Fleischer, V.E.; Viles, F.J.; Glade, R.L.; and Drinker, P.: A Health Survey of Pipe Covering Operations in Constructing Naval Vessels, Journal of Industrial Hygiene A Toxicology 2S:9 (January) 1946 (2) Selikoff, I.J.; Churg, J., and Haraiond, E.C.: Asbestos Exposure and Neoplasia, Journal of American Medical Association 188:22 (April) 1964 (3) Keane, W.T., and Zavon, M.R.; Occupational Hazards of Pipe Insulators, Archives of Environmental Health 13:171 (August) 1966 (4) Karr, V.T.: Asbestos Exposure During Naval Vessel Overhaul, American Industrial Hygiene Association Journal 23:264, 1964 . (5) Selikoff, I.J.; Churg, J., and Hammond, E.*C.: The Occurrence of Asbestosis Among Insulation Workers in the. United States '* New York Academy Sci. 132:139 (December) 1965 ' (6) Cooper, W.C.: Asbestos as a Hazard to Health, Archives of Environmental Health 15:285 (September) 1967 (7) Balzer, J.L.: The Work Environment of Insulating Workers, American Industrial Hygiene Association Journal, Vol. 29, No. 3 (May, June) 1968 (8) Balzer, J.L.: The Industrial Hygiene for Insulation Workers ,* Journal of Occupational Medicine, Vol. 10, No. 1 (January) 196S (9) Lynch, J., and Ayer, H.: Measurement of Asbestos Exposure, Journal of Occupational Medicine, Vol. 10, No. 1 (January) 1968 (10) U.S. Public Health Service Publication, #614, The Industrial Environment It's Evaluation and Control - Counting and Sizing Airborne Dust, 1966 (11) Standard Procedure for Sampling and Counting Dusts, adopted by the 5th annual meeting of the National Conference of AGCIH, American Industrial Hygiene Association Journal (Nov-Dec) 1967 . (12) Kleinfield, M., et al ''Mortality Experience in a Group of Asbestos Workers, Archives of Environmental Health," 15:177-ISO, -(August) 1967 (13) Tabcrshaw, I.R., Asbestos as an Environmental Hazard, Journal of Occupational Medicine, Vol. 10, No. 1 (January) 1968 (14) Cralley, L.J., et al Research on Health Effects of Asbestosis, Journal of Occupational Medicine, Vol. 10, No. 1 (January) 1968 5 INCIDENCE OF DIAGNOSED rULNONARY FIBROSIS ! trade TOTAL WORKING FORCE WORKERS WITH PULMONARY FIBROSIS OR OTHER ABNORMAL X-RAY FINDINGS NUMBER PERCENT Shipfitters 890 6 .71 Sheetnetal Workers 489 6 1.2% Forge Workers Welders 32 - - 998 11 i.n Inside Machinists . Outside Machinists Boilermakers 536 490 115 1 ' *# 4 .2% m 3.5% Electricians 574 -* Pipe Coverers A Insulators 104 22 21.2% Pipefitters * 765 6 .8% Shipwrights A Joiners 228 - ma Electronics Workers 280 - mm Painters 263 4 1.5% Riggers 664 `1 .1% Temporary Services 143 1 .7% Control Croup (clerical workers) 420 .1 .2% August 1968 l TABLE I 1^ . &r * % ' INTERVAL BETWEEN EMPLOYMENT AND FIRST X-RAY INDICATIONS OF LUNG ABNORMALITY 1 1 i1 inployee 1. 2 3 4 5 6 7 6 ^9 10 11 12 13 14 15 16 K- 18 19 20 * 21 22 ACE WHEN HIRED 22 22 18 27 26 39 31 ' 30 25 28 41 36 - 45 35 49 38 54 31 57 47 22 YEAR HIRED 1933 1933 1936 1939 1941 1941 1942 1944 1945 1947 1947 1951 1952 1952 1953 1960 1958 1961 1961 1961 1963 1965 August 1958 CHEST ' CONDITION 1st NOTED INTERVAL BETWEEN EMPLOYMENT AND 1st X-RAY ABNORMALITIES 1959 1954 1958 26 years 21 22 1963 1947 24 6 1953 12 1961 * 19 1951 7 1963 ' 1965 18 18 1964 1963 ' 17 12 1962 ' 10 1958 .6 1962 9 1960 j . 1960 ` 2 1966 5 1961 .m 1962 1965 1966 1 2 1 YEARS IN PC41 TRADE AT PSNS (WHERE KNOWN') 33 33 30 27 25 25 17 22 21 * . 20 20 15 - m 13 6. 5 5 5 3 1 TABLE II '' . \ 1 i i ! 1! II ! i *. A MT-PWHD-008901 EMPLOYEE NUMBER 7: CASE HISTORY DATE 1942-52 1952-60 1960 1961 1967 1967 OCCUPATIONAL HISTORY . ' PC&I at PSNS . PC&I maintenance work, apartment houses PC&I at PSNS ' PC&I at PSNS PROBABLE ASBESTOS EXPOSURE unknown intermittent, less than 5 oppcf * less than 5 mppcf less than 5 mppcf * disability retirement compensation awarded for disability due to asbestosis - CLINICAL HISTORY X-ray: negative - X-ray: negative Pulmonary abnormal ities 1st noted in X- ray Asbestos found in lung during surgery * 5 xnppcf is the current recommended threshold licit value for asbestos i August 1968 TABLE III MT-PWHD-008902 c' DISTRIBUTION OF LUNG ABNORMALITIES AMONG P1FE COVERERS AND INSULATORS YEARS AT PSNS 0-5 , 6-10 11-15 16-20 21-25 25+ NUMBER OF WORKERS 25 28 11 20 7 7 # MEDIAN AGE 37 .> 67 , 63 68 51 ? 56 * INCIDENCE OF DIACNOSED PULMONARY FIBROSIS OR OTHER ABNORMAL X-RAY FINDINGS NUMBER WITH PUT.MONARY CHANCES 2 5 1. 4 6 6 PERCENT OF INCIDENCE BY CROUP 87. 187. 97` 207. v . 577. 907. PERCENT OF INCIDENCE BY TOTAL PC&I WORK FORCE 27. 57. 17* ... 47. 47. 67. AGGREGATE * 21.67. V* August 1968 TABLE IV INSULATION MATERIAL AND USE AMOSITE ' Use: Piping, fittings, machinery units and large or Irregular surface Composition: Long fiber asbestos 957. MAGNESIA BLOCK INSULATION Use: Tanks, boilers, valves and pipes Composition: Magnesium Carbonate 857. * Long fiber asbestos 157. ASBESTOS CEMENT Use: Finishing and insulating, used over bare metals or insulation . and as a filler Composition: Johns-Manville ft301 Asbestos (Crysotile) 157. Portland Cement Ill Clay 337. Mineral wool 207. Uiatomaceous earth 15Z One-Cote Nodulated fiber and Asbestos (Crysotlle) less than SOL Portland Cement less than 307. Uiatomaceous earth less than 207. Clay Calcium sulfate or nitrate Organics less than 307. less than 57. trace August 1968 TABLE V MT.P\A/un INSULATION MATERIAL AND USE (Cont'd) UNIBESTOS Use; Piping up to 30 inches in diameter, very little is used at this time Composition: Finely ground asbestos fiber Waterproof adhesive ASBESTOS CLOTH Use: Final coat or lagging on piping, valves, tanks, fittings, and machinery installations * Composition: There are three weights ranging from 1.25 to 2.4 lbs/sq. yd. 807. to 957. Crysotile or Aaosite asbestos fiber with cotton fiber FIBERGLASS Use: . . Many types such as batts, sheets, molded pieces and felt are available for different applications such as vent ducts, piping and valves , Composition: Fibrous glass with binder CORK Use: Refrigeration-and air conditioning piping Composition: Vegetable product RUBBER Use: Refrigeration and air conditioning-piping, replaces cork in most applications Composition: Foam rubber August 1968 TABLE V (Cont'd) v> *.A AVERAGE TIME-WEIGHTED EXPOSURE TO INSULATION MATERIALS * OPERATION AND MATERIAL Installation Amosite installation Magnesia block insulation cutting and installing Asbestos Cloth cutting, .glueing and fitting Asbestos Cement mixing . Fiberglass, Rubber, and Cork PERCENT OP TIME EXPOSED NEW SHIP CONSTRUCTION SHIP OVERHAUL ' 101 117. 391 357. ./ * 207. 1Z 307. 157. 17. 137. Rip-Out Amosite Magnesia block insulation, Amosite, and Unibestos Fiberglass, Rubber, and Cork . 41 177. 57. Prefabrication in Shoo ** Magnesia block Insulation, Amosite and Asbestos Cloth Fiberglass, Rubber, and Cork Based on 6 hour work day. Percent of Tire Exposed 507. 251 . ** .. i ugust 1968 TABLE VI V MT-PWHD-008906 Material and Operation Amoslte: Installation Magnesia block insulation: cutting and installing Asbestos cloth: cutting, glueing and fitting . Mixing asbestos cement . Fiberglass, rubber and cork NEW SHIP CONSTRUCTION Airborne Dust Concentration in Breathing Zone (Million Particles per Cubic Foot) Range Average 2.6 to 8.9 . 5.6 > 2.4 to 13.3 6.1 3.1 to 4.6 11.5 to 82.8 3.6 47.5 Percent of Time Exposed (Average) Based on a * 6 hour day__________ _____ 107. 397. 207. 17. or less w -- 307. . - August 1968 TABLE VII SHIP OVERHAUL Material and Operation * INSTALLATION Asbestos cloth; cutting, glueing and fitting ' i'll Magnesia block lnnulatlon: cutting and installing * 1, Amos Ite , Fiberglass, rubber and cork Airborne Dust concentration in Breathing Zone (Million Particles per Cubic Foot) Range Average 2.8 to 5.7 > A.3 3.5 to AO.5 2.6 to 8.9 16.7 4.5 ---- Percent of Time Exposed (Average) Based on a , 6 hour day' 157. 357. 117. ;* m . * RIFOUT Amosite 1.0 to 7.7 A.A A7. Magnesia block Insulation o' ,'sbcstos cloth i Asbestos cloth and un ibestos Pfbprrlass, rubber 2.6 to 6.8 5.0 2.8 to 17.A 6.7 - 177. ' 177. 57. . TABLE VIII ` PREFABRICATION IN SHOP Material and Operation Magnesia block Insulation Amos it e 1V * Asbestos* cloth *' i" Fiberglass, rubber and cork ' Airborne Dust Concentration in Breathing Zone (Million Mnzi 1.1 to 1.3 Average 1.2 (cutting) .32 (glueing) 2.4 (cutting) .39 to .41 .07 to .1 .1 to .15 .4 (sewing) .09 (glueing) .13 (pinning and marking) Percent of Time Exposed (Average) Based on a 6 hour day 677. -- -- 337. August 1968 TABLE IX Puget Sound Naval Shipyard has developed what many civilian and military industrial hygienists consider a model asbestos safety program. Larry Roemmich, pipe coverer and insulator for Shop 56, wears a disposable respirator, one of many protective measures RSAlS if>4s in handling asbestos. See story > WITNESS ft Pete S. Hunt, Reporter DATE:--!' ` ' '' 1 --1" > MT-PWHD-008910 PUGET SOUKD KA7AL 5H3PIARD Bresasrton, fcahington GDSRA1 SAFETT AKD HEALTH PRACTICES For jour personal .safety on the job, it is necessary that safety rules be followed at ell. tines. Accidents of an univoidable nature seldom occur, host cases are caused by personal carelessness. The pipecoverer should be furl liar with the General Safety Rules, published by the Shipyard. A few of the no re important General Safety. Rules, and some of the specific rules pertaining to your job, are listed as follows: ' 1. Use personal safety equipment provided for your protection. 2. Report any unsafe condition as soon as noted. 3. Hever engage in horseplay or practical jokes. 4. Witch whers you are going. 5. Heed warning signs. 6. Carry sharp instruments in a sheath. 7. Cut materials away from yourself, never towards you. - 8. Do not pull towards your face when twisting wire with your pliers or sewing. 9. Always bend the ends of wire so that they will lie smoothly against the insulation. . 10. Secure material and equipment so it cannot be knocked off when working from staging or above other personnel. 11. Do not pile material in passageways or hatchways. ' 12. Do not spread drop cloths over an opening or uneven surface. 13. Always keep one hand free when carrying material. 14. Handle arcs ite and glass materials carefully to avoid their dusts. 15. Goggles cust be worn while working with silicate. 16. Fever equipment can be extremely dangerous. Use great caution when working with the power knife, sewing machine, stapler, band saw, or sender. . 17. Place scrap styrofoam or cork pieces over sharp fastening devices t prevent injury to co-workers during glass board installation. 25 MT-PWHD-008919 18. Sprinkle asosite with water whenorcr possible to keep dust down. / t 19. Soe that your chest is X-rayed at least once & year to detect the possibility of silicosis or fcsbestosis. r c>.? Tnz rl *r" Vj* 1 \ 26 ^ac!v.i>TTC^ MT-PWHD-008913 tv UOtETRIAL DUSTS Character1stI'm of the pipe covering and insulating operations in the shipbuilding indistries are such that proper personal safety precautions Dust be adhered to at all times. Each individual, pipe coverer and insulator employee is required to check out and use a respirator when working in insulating areas where there is any danger from exposure to harmful insulating dusts* Supervisors should insure that their men are properly protected at *11 times with proper safety equipment and adequate ventilation. Supervisors are not relieved of } responsibility by merely instructing their men to use safety equipment, they are obligated to follow up and insure that protective measures -have been implemented for their crew's health and welfare. Industrial dusts of all forms have long been thought of as a production evil. Sometimes taken quite seriously, and sometimes taken with a grain of salt, or we might add sardonically, with a micron of silicosis! .* i. - /' Proper control oT all harmTul industrial dusts can be obtained only through the combined efforts of the workers and management working together to minimize exposures to critical dusts and fumes. The "old timer" or "smart character" may look on humorously as an informed and cooperating worker carefully adjusts his respirator before ripping off reams of amosite or asbestos piping insillation preparatory to a piping alteration. However, it will be the cooperating worker who will have the healthier pair of lungs at the end of the day. While "Pneumoconiosis" ia the technical term applicable for such infections as Hiner's Asthma, "Miner's Phythisis"Grinder's Rot," and many others, "Asbestosis" and "Silicosis" are the two most harmful and comon lung infections of the pipe covering and insulating trade. Aa of recent years these two diseases or infections had become important enough for the Naval Medical Department to compile a health ' survey of all pipe covering operations in the construction of Naval vessels. Four shipyards were examined, two private yards, and two Naval shipyards, with the following conclusions or analysis: The lnfectuous characteristics of insulating materials, such as dlatomaceous earth (a form of amorphous Silica), asbestos dust, glass or rock wool, and Magnesia, are harmful and do damage to the respiratory system when breathed in excessive and constant amounts. The nature of the pipe covering operations are such that constant exhaust ventilation oust be maintained at the rate of 10 to 15 complete air changes per hour in critical areas where insulating materials are being cut by bandsaw, ground, mixed, or molded. All pertinent machines must be equipped with separate exhaust systems. MT-PWHD-008914 UOtSTHIAL DUSTS Character istI'm of the pipe covering and insulating operations in the shipbuilding industries are such that proper personal safety precautions oust be adhered to at all times. Each individual pipe coverer and insulator employee is required to check out and use a respirator when working in insulating areas where there is any danger from exposure to harmful insulating dusts. Supervisors should insure that their men are properly protected at all times with proper safety equipment and adequate ventilation. Supervisors are not relieved of responsibility by merely instructing their men to use safety equipment, they are obligated to follow up and insure that protective measures have been implemented for their crew's health and welfare. Industrial dusts of al1 fores have long been thought of as a production evil. Sometimes taken quite seriously, and sometimes taken with a grain of salt, or we might add sardonically, with a micron of silicosis! . . ' Proper oontrol of all harmful industrial dusts can be obtained only through the combined efforts of the workers and management working together to minimize exposures to critical dusts and fumes. The "old timer" or "smart character" nay look on humorously as an informed and cooperating worker carefully adjusts his respirator before ripping off reams of amosite or asbestos piping insulation preparatory to a piping alteration. However, it will be the cooperating worker who will have the healthier pair of lungs at the end of the day* While "Pneumoconiosis" is the technical term applicable for such infections as Miner's Asthma, "Miner's Phythisis," "Grinder's Hot," and many others, "Asbestosis" and "Silicosis" are the two most harmful and cocoon lung infections of the pipe covering and insulating trade. As of recent years these two diseases or infections had become important enough for the Naval Medical Department to compile a health survey of all pipe covering operations in the construction of Kaval vessels. Four shipyards were examined, two private yards, and two Kaval shipyards, with the following conclusions or analysis: The infectuous characteristics of insulating materials, such as dlatomaceous earth (a form of amorphous Silica), asbestos dust, glass or rock wool, and Magnesia, are harmful and do damage to the respiratory system when breathed in excessive and constant amounts. The nature of the pipe covering operations are such that constant exhaust ventilation must be maintained at the rate of 10 to 15 complete air changes per hour in critical areas where insulating materials are being cut by bandsaw, ground, mixed, or molded* All pertinent machines oust be equipped with separate exhaust systems. * * i i^-* ^ *'*, V* . * . * MT-PWHD-008915 VWXM^M LUNG CUT FUOFO( MHHjJ SWOUMKG- UmoPVPR. WFEC.TEO UUvto p\?E. -- (>TR.RCHER..') VRRVOU.S BROKCHVRU V-'iVA^'A "I ViQOE-S. LYMPH NODE developements FROM BRE P.TH \H& HRRMFUt jwoustr.\p\.u oust s .,f SB Further, ill layout tables, sewing rooms, fabricating rooms, shop and ship ccepartnents where insulating operations are taking place must be properly ventilated to provide 5 to 10 complete air changes per hour. / "Asbestosis" and "Silicosis" result from breathing relatively long asbestos fibers, 15 to 75 microns in length or 3/1000 of an inch, complicated or further antagonized by additional particles of diatomaceous earth, and other insulating materials. - An example of the lung etructure with its delicate parts has been included to stress the importance of proper safety or health precautions while performing pipe covering and insulating operations. 29 MT-P\A/l-in_nnQCM7 svV ASBESTOS EXPOSURE AND CONTROL AT PUGET SOUND NAVAL SHIPYARD INDUSTRIAL HYGIENE DIVISION MEDICAL DEPARTMENT PUGET SOUND NAVAL SHIPYARD C. A. MANGOLD, R. R. BECKETT, D. J. BESSMER March 1970 Pl! Dm: :D MT-PWHD-008918 DEPARTMENT OF THE NAVY BUREAU OF Ml DIC.INC AND SURGERY WASHINGTON. O.C 20390 IN REPLY REFER TO BUMED-732-SHB:snp 13 October 1969 From: Chief, Bureau of Medicine and Surgery To: Commander, Puget Sound, Naval Shipyard, Bremerton, Washington 98314 Subj: Asbestos Control Measures at the Puget Sound Naval Shipyard 1. During a recent visit of LCDR S. H. Barboo, MSC, USN of the Industrial Hygiene and Safety Branch of this Bureau, it was favorably noted that the Puget Sound Naval Shipyard is conducting an excellent program for the control of asbestos dust exposures among Shipyard workers. 2. It is requested that approximately twelve large photographs of 6hop and ship asbestos dust control measures be furnished this Bureau for display purposes. The captioned photographs should be accompanied with a description of the exposure hazard and a narrative method of the control measures. R. E. Faucett Assistant Chief for Research and Military Medical Specialties MT-PWHD-008919 DEPARTMENT OF THE NAVY BUREAU OF MEDICINE AND SURGERY WASHINGTON. O.C. 20390 BUMED-732-SHB:snp 10 December 1969 Hr. D. J. Bessmer Head, Industrial Hygiene Division (Code 730) Puget Sound Naval Shipyard Bremerton, Washington 98314 Dear Dan: I want to send you my special thanks for the eleven photographs of the asbestos control measures. They are now on grand display In our lobby of Building 7 of the Bureau of Medicine and Surgery. Last week, while on a visit to the Pearl Harbor Naval Shipyard, I discussed your excellent asbestos control program with the Commanding Officer, Captain Bamhardt. I suggested that a member of the Industrial Hygiene Division and a member of the lagging shop visit your shipyard for the purposes of observing shop and shipboard control measures. In the event that the Navy Industrial Hygiene Association offers papers on various aspects of Navy Industrial Hygiene, I think it would be well that Carl Mangold deliver a paper regarding asbestos control measures at Detroit in 1970. Again, thanks for the photographs, and advise if I may retain them. s* ------ Copy to: Alex Hunton, PoNSY S. H. BARB00 LCDR, MSC, USN Head, Industrial Hygiene and Safety Branch MT-PWHD-008920 The opinions expressed in this report are those of the authors and do not necessarily reflect those of the Department of the Navy, the Department of Defense, or any other official agency. Reference to a company or a product name does not imply approval or recommendation of the product to the exclusion of others that msy be suitable. Portions of this report were presented at the annual meeting of the Pacific Northwest Section of the American Industrial Hygiene Association at Richland, Washington on October 3-4, 1968. MT-PWHD-008921 ABSTRACT A two and one-half year comparison of chest X-ray findings in the total work force of Puget Sound Naval Shipyard shows that 21% of the Pipe Coverers and Insulators handling asbestos have pulmonary abnormalities compared to 3.5% of the Boilermakers who have some exposure to asbestos and silica, and less than 17. of the Clerical workers with no known exposure to industrial dusts. Pulmonary abnormalities have remained high although evaluation of the asbestos dust exposure of Pipe Coverers and Insulators shows their time weighted exposures are below the current Threshold Limit Value of 5 million particles per cubic foot of air. The Threshold Limit Value may be too high and intermittent peak exposures may play a greater role than suspected. A number of engineering control methods and changes in work practices are suggested to reduce asbestos exposure. DU 'ED MT-PWHD-008922 CONTENTS PART I CLINICAL & ENVIRONMENTAL FINDINGS A. Introduction B. Comparative Cheat X-ray Study C. Environmental Evaluations D. Discussion E. Conclusions and Summary F. References G. Tables and Figures PART II CONTROL METHODS A. Introduction B. Respirators and Protective Clothing C. Ventilation Controls D. Substitution of Materials E. Change of Work Practices F. Educational G. Summary mT_PWHD-0C PART I CLINICAL AND ENVIRONMENTAL FINDINGS produced JM -83 MT-PWHD-008924 A. INTRODUCTION The relationship between lung disease and exposure to asbestos dust has been known for many years. Numerous authors have described many cases of asbestosis among insulation workers with regular exposure to asbestos or asbestos containing materials(l>2,3). In 1946, Fleisher(S) found three cases of asbestosis among insulation workers in east coast Navy yards, but since each of the three individuals had worked more than 20 years in the trade and asbestos dust levels were below the Threshold Limit Value, it was concluded that pipe covering was not a hazardous trade. This conclusion was accepted at face value for many years because air samples generally showed asbestos dust counts to be near or below the Threshold Limit Value of 5 mppcf(^), but this study evaluated only ship construction, or asbestos installation which produces less airborne asbestos dust than ripout. During the early 1950's when considerable ship modern ization was being done in Naval Shipyards, extensive exposure to dust from ripped out asbestos took place. Marr^) in 1964, evaluated the asbestos exposure to installation workers during ship overhaul (rip out and installation of asbestos materials), and concluded that shipboard pipe covering and insulating was a hazardous trade. Unfortunately, Marr's dust samples were collected with a Bausch & Lomb counter, and therefore the dust levels are not directly comparable to those used in establishing the Threshold Limit Value. In general, current literature(?,8,9,10,11) indicates that asbestos dust is hazardous to health; that the Threshold Limit Value of 5 mppcf in air is too high; that the effects of asbestos dust exposure are chronic; and that better controls are necessary. B. COMPARATIVE CHEST X-RAY STUDY A Naval shipyard encompasses a variety of industrial operations and provides a reasonably large population with a multiplicity of exposures for study. Puget Sound Naval Shipyard's occupational health program includes semiannual 14x17 inch chest x-rays on individuals involved in potentially lung-hazardous duties. In addition, a voluntary program of annual 70 mm chest x-rays includes almost all other personnel. Complete medical records are available for all employees. Prompted by Marr's work, in July 1965 a study was initiated to compare the incidence of lung abnormalities among various occupational groups in the Shipyard. 1 JHI - m% MT-PWHD-008925 The study covered a two and one-half year period during which statisti cal analyses were made of all positive x-ray findings likely related to occupational causes. Specific diagnosis and degree of lung damage were not considered. However, the majority of the positive findings were classified by qualified physicians as pulmonary fibrosis. Results of this study are shown in Table I. - It is clear that pipe coverers and insulators and their closely associated work group, the boilermakers, have a significantly higher incidence of pulmonary abnormalities than other trade groups. Speci fically, further attention was focused on the pipe coverers and insulators because of their exceptionally high rate of positive chest x-rays. Table II shows the incidence of positive x-ray findings in pipe coverers and insulators by median age and years employed in the Shipyard. The apparent anomaly of higher median age and higher percent of positive x-ray findings in the 6-10 year employment group is due to a number of workers hired with previous employment and exposure to asbestos. A very high incidence of positive lung findings in pipe coverers and insulators with over 20 years exposure is noted. Balzer reports(13) a 257. incidence of asbestosis in insulators exposed 20 or more years. The work histories of the 22 men with positive x-ray findings were reviewed to determine the lapsed time between first known exposure to asbestosis and first observed x-ray changes. These data are presented in Table III. It is probable that very short intervals between first exposure and observed chest x-ray findings indicate causes other than an occupational exposure to asbestos. Case number 7 was the only diagnosed case of asbestosis. This was confirmed by chest surgery. He was retired for disability and received compensation at a rate of three-fourths pay for the rest of his life. C. ENVIRONMENTAL EVALUATIONS The impinger has been used as a sampling device for asbestos dust at this Shipyard since the early 1940's, although it has some recognized limitations such as low collection efficiency. Accordingly, the midget impinger was chosen for this study so that data collected would be comparable to previous data and also comparable with the current Threshold Limit Value. The Threshold Limit Value was established on data collected by the Standard Procedure for Sampling and Counting Dust, adopted by the 5th annual meeting of the National Conference of Governmental Industrial Hygienists in 1942(14), which specifies impinger collection and light field microscopic counting methods. 2 MT-PWHD-008926 The insulation materials described in Table IV are commonly used by most insulators at this Shipyard. The amosite and crysotile asbestos products are similar to those used by employees in other studies<612>13>. Airborne asbestos dust samples were collected aboard several ships of various sizes, ranging from destroyers to aircraft carriers, and in the shop complex. The dust sample data represents that dust found in an insulator's breathing zone. The results are summarized in Tables V, VI, and VII together with an estimate of the time spent on each type of operation. This estimate is for extended work periods as workers are assigned specific jobs which may take a few days or several months to complete. Particle size distributions were determined for 20% of the samples counted. The geometric mean diameter did not exceed 2.3 microns for any sample. Many asbestos fibers were below the resolution limit of the light field microscope^^^. As was expected, the number of fibers in the sample was related to the type of material, fiber content and method of sampling. Observation of work patterns indicates that most exposures occur during intermittent peak dust levels throughout the day. Figure 1 shows a time-exposure pattern for a typical operation. D. DISCUSSION Lung changes are the possible effects of many factors which are not shown by our data. For example, knowledge of the smoking status of personnel would be of interest, as would positive diagnoses of the chest x-ray findings. However, we feel that these data show without doubt that we do have a problem with asbestos. The percentage of pipe coverers and insulators having positive x-ray findings are compared to other occupational groups is too outstanding to be without meaning, in spite of other possible contributing factors. Claims for compen sation for asbestosis which have been paid after thorough investigation tend to confirm this concept. The data also show, as would be expected, that the number of positive findings increases with age and length of exposure. The data presented in Tables V, VI, and VII indicate that the controls established at this Shipyard have been adequate to maintain asbestos dust exposures below the Threshold Limit Value, giving consideration to time weighting and asbestos content of materials.. In most cases, the exposures have been below the proposed lowered Threshold Limit Value of two million particles per cubic foot of air^16'. In spite of this, pipe coverers and insulators display a high incidence of 3 MT-PWHD-008927 pulmonary abnormalties detectable by X-ray even though most cases are not specifically diagnosed as asbestosis, but more often as pulmonary fibrosis, probably because diagnosis of asbestosis in the early stages is difficult. Figure 1 shows that peak exposures considerably above the Threshold Limit Value frequently occur during the work day of a pipe coverer and insulator. It is reasonable that these peak exposures could be responsible for lung damage, even though the time-weighted exposure is within what has been considered to be safe limits. If the rate of lung clearance is less than the rate of arrival of dust, the rate of accumulation increases # E. CONCLUSIONS AND SUMMARY A two and one-half year comparison of the chest X-ray findings of the working population of a Naval shipyard shows that about 217. of all the pipe coverers and insulators have positive X-ray findings compared to 3.5% for the boilermakers and about 1% or less for other occupations with no known asbestos exposure. A very high incidence of positive lung finding in pipe coverers and insulators with over 20 years exposure is evident. Exposures depend on work habits, asbestos content of materials, type of job, and protection used. Considering time weighting factors and asbestos content of materials, pipe coverers and insulators received exposures below current and proposed Threshold Limit Values for asbestos dust. Peak exposures during the work day often exceeded Threshold Limit Values up to ten times. The high incidence of pulmonary changes may be explained by: a. Intermittent peak exposures which are of more importance than formerly recognized, based on the knowledge of lung loading character istics. b. .Threshold Limit Values which are too high; c. Methods of assessing exposures may not reflect the true airborne concentration of asbestos dust. In general, workers handling, sawing, cutting or ripping-out asbestos materials produce considerable amounts of very fine asbestos fibers and particles in their breathing zone. The larger particles fall rapidly, but the tiny unseen particles between 0.1 and 100 microns ' average diameter remain suspended for hours. Particles of this size range enter the lung easily, and are trapped, where they provoke an 4 MT-PWHD-008928 irritating and inflammatory reaction. The disabling pneuroonoconiosis, asbestosis, is caused by prolonged exposure to fine asbestos dust. The amount of pulmonary fibrosis is proportional to the amount of dust breathed daily and the years of exposure. Exposure to low concentrations of asbestos dust does not necessarily imply that asbestosis will develop, so that careful control of the environment will reduce the probability of serious pulmonary effects. The Threshold Limit Value refers to the airborne concentration of asbestos fiber or dust and represents conditions under which workers may be exposed daily without adverse effect, based on an eight-hour day and pathological evidence. The TLV of 5 million particles per cubic foot of air was proposed in 1938, and adopted in 1942 by the American Conference of Governmental Industrial Hygienists, along with the impinger collection and light field microscopy techniques for evaluation. This value has remained until about 1968, a period of almost 30 years, until epidemiological evidence showed that perhaps the TLV was too high. The notice of intended changes of the TLV's published in 1969 recom mends lowering the allowable airborne concentration to 2 million particles per cubic foot counted by light field microscopy, or 12 fibers greater than 5 microns in length per milliliter of air when counted on filter membranes at 430X phase contrast magnification. Revisions under consideration by the American Conference of Govern mental Industrial Hygienists would lower the TLV for asbestos to 5 fibers greater than 5 microns in length, per milliliter of air. Recent studies compiled by the Bureau of Occupational Health and Safety, U.S. Department of Health, Education and Welfare, suggest that 207. of all deaths of asbestos workers is due to lung cancer, which is 7 times the expected rate in a normal population. Other researchers have suggested that cigarette smoking roughly doubles the risk of cancer in this work group. The evidence in Part I of this report and the work of other researchers suggests that the Threshold Limit of 5 mppcf is too high, and supports lowering the values. Lowering the TLV, and reduction of exposures of PC&I workers will require a sustained, detailed program of control. Otherwise, the threat of pulmonary abnormalities and asbestosis will remain high. The success will largely depend on how well the control measures suggested in Part II are applied. I 5 L' MT-PWHD-008929 REFERENCES 1. Lanza, A.J., and Goldberg, J.A.: Industrial Hygiene, p. 385, Oxford University Press, Inc., New York, N.Y. (1939) 2. Hunter, D.: The Diseases of Occupations, p. 900, Little, Brown . and Co., Boston, Mass (1955) 3. Meriwether, E.R.A.: Industrial Medicine and Hygiene. Vol. 3, p. 105, Butterworth and Co., Ltd. London, G.B. (1956) 4. Committee on Threshold Limit Values: Documentation of Threshold Limit Values, revised edition, p. 15, American Conference of Governmental Industrial Hygienists, Cincinnati, Ohio (1966) 5. Fleischer, W.E., F.J. Viles, R.L. Gade, and Philip Drinker: A Health Survey of Pipe Covering operations in constructing Naval vessels. J. Ind. Hyg. & Toxicol. 28: 9 (Jan 1946) 6. Marr, W.T.: Asbestos Exposure During Naval Vessel Overhaul, Amn. Ind. Hyg. Assn. J. 25:264 (May-Jun 1964) 7. Selikoff, I.J. M.D., Jacob Churg, M.D., and E.C. Hammond, DSC: Asbestos Exposure and Neoplasia, JAMA 188:22 (Apr 6, 1964) 8. Keane, W.T., MS, and M.R. Zavon, M.D.: Occupational Hazards of Pipe Insulators, Arch Environ Health 13:171 (Aug 1966) 9. Kleinfeld, M., M.D., J. Messile, M.D., and 0. Kooyman, M.D.: Mortality Experience in a group of asbestos workers. Arch Environ Health 15:177 (Aug 1967) 10. Cooper, W. Clark, M.D.: Asbestos as a Hazard to Health, Arch Environ Health 15:285 (Sep 1967) 11. Lynch, J.R., and H.E. Ayer: Measurement of Asbestos Exposure, J. Occ. Med. 10:21 (Jan 1968) 12. Balzer, J.L., and W.C. Cooper, M.D.: The Work Environment of Insulating Workers, Amn. Ind. Hyg. Assoc. J. 29:222 (May-Jun 1968) 13. Balzer, J.L, M.S: Industrial Hygiene for Insulation Workers, J. Occ. Med. 10:25 (Jan 1968) 6 MT-PWHD-008930 14. Standard Procedure for Sampling and Counting Dusts, adopted by the 5th annual meeting of the National Conference of Governmental Industrial Hygienists, Aran. Ind. Hyg. Assn. J. p. 550 reprint (Nov-Dec 1967) 15. Beattie, J., and J.F. Knox: Studies of the mineral content and particle size distribution in the lungs of asbestos textile workers. From Davies, C.N.: Inhaled Particles and Vapors, p. 419, Pergamon Press, New York, N.Y. (1961) 16. Threshold Limit Values of Airborne Contaminants, adopted by ACGIH for 1969, and intended changes. 7 PRODUCED JM-83 MT-PWHD-008931 G. tables and figures table I Incidence of Positive Chest X-ray Findings in Occupational Groups table II Incidence of Positive Chest X-ray Findings in Pipe Coverers & Insulators Versus Years of Employment in Shipyard TABLE III Work History of Pipe Coverers & Insulators With Positive Chest X-ray Findings TABLE IV Asbestos Insulation Materials TABLE V Airborne Dust - Ship Overhaul TABLE VI Airborne Dust - Shop Fabrication TABLE VII Airborne Dust - New Ship Construction FIGURE 1 Peak Exposure Pattern from Sawing and Handling Preformed Magnesia Block 8 MT-PWHD-008932 table II INCIDENCE OF POSITIVE CHEST X-RAY FINDINGS IN PIPECOVERS & INSULATORS VERSUS YEARS OF EMPLOYMENT IN SHIPYARD Years Employed At Shipyard 0-5 6-10 11-15 16-20 21-25 25+ Number Of Employees 27 30 12 21 7 7 Median Age 37 47 43 48 51 56 Number With Positive X-Rays 2 5 1 4 4 6 Percent Of Group 7 17 8 19 57 86 Percent Of Total Workers 2 5 1 4 4 6 The positive X-ray findings shown in Tables II and III reflect all reported abnormalities, and do not imply diagnosed asbestosis. i MT-PWHD-008933 TABLE I INCIDENCE OF POSITIVE CHEST X-RAY FINDINGS IN OCCUPATIONAL GROUPS Occupational No. of Persons No. With Pos. Percent Having Pos. Group In Group X-Ray Findings X-Rav Findings Shipfitters 890 6 0.7 Sheetmetal Workers 489 6 1.2 Forge Workers 32 0 0.0 Welders 998 11 1.1 Machinists 536 1 0.2 Marine Machinists 490 0 0.0 Boilermakers 115 4 3.5 Electricians 574 0 0.0 Pipe Coverers & Insulators 104 22 21.2 Pipefitters 765 6 0.8 Shipwrights & Joiners 228 0 0.0 Electronics Mechanics 280 0 0.0 Painters 263 4 1.5 Riggers 664 1 0.1 Temporary Service Mechanics 143 1 0.7 Clerical Workers 420 1 0.2 produced JM-83 MT-PWHD-008934 TABLE III WORK HISTORY OF PIPE COVERERS & INSULATORS WITH POSITIVE CHEST X-RAY FINDINGS 5 t. % ro ***& Case No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Age When Hired 22 22 18 27 26 39 31 30 25 28 19 36 38 45 35 49 38 54 31 57 47 22 Year Hired 1933 1933 1936 1939 1941 1941 1942 1944 1945 1947 1947 1951 1952 1952 1953 1960 1958 1961 1961 1961 1963 1965 Years PC&I At Other Activity 0 0 0 0 0 0 8 2 0 0 0 2 0 2 5 3 2 6 0 10 0 0 Years PC&I At Shipyard 33 33 30 27 25 25 17 22 21 20 20 15 14 14 13 6 8 5 5 5 3 1 Years Total Employment As PC&I Year Pos. Chest X-Ray First Recorded 33 1959 33 1954 30 1958 27 1963 25 1947 25 1953 25 1961 24 1951 21 1963 20 1965 20 1964 17 1963 14 1962 16 1958 18 1962 9 1960 10 1960 11 1966 5 1961 15 1962 3 1965 1 1966 Years Between First Exposure and First Positive X-Rav 26 21 22 24 6 12 19 9 18 18 17 14 10 8 14 3 410 0 6 2 1 MT-PWHD-008935 pi! d u c e d TABLE IV ASBESTOS INSULATION MATERIALS Amosite: 957. long fiber asbestos Magnesia block; 15% asbestos, 85% magnesium carbonate Asbestos cement: Unibestos: Asbestos cloth; Used on piping, fittings, machinery units and large or irregular surfaces. Used on tanks, boilers, valves, pipes Several brands in common use: Usually contains 10-25% asbestos fibers and less than 30% cement. Used as a smooth finish over cloth or metal. Fine asbestos fibers mixed with a waterproof adhesive. Used as a pipe insulation, very little installed at present. 80-95% crysotile or amosite fibers with cotton. Used for a covering over amosite or magnesia block on valves, piping, tanks and fittings. MT-PWHD-008936 MT-PWHD-008937 TABLE V SHIP OVERHAUL Material and Operation INSTALLATION Asbestos cloth; cutting, fitting, glueing, and installing Airborne Dust Concentration In Breathing Zone (Million Particles per Cubic Foot) Range Average 2.8-5.7 4.3 Magnesia block; cutting, installing 3.5-40.5 16.7 Percent of Time Exposed (Average) 157. 357. `ft Material and Operation Magnesia block Amosite Asbestos cloth Fibrous glass, rubber, cork TABLE VI SHOP PREFABRICATION Airborne Dust Concentration In Breathing Zone (Million Particles per Cubic Foot) -Ranae Average 1.1-1.3 1.2 (cutting, glueing) 0.4-4.7 2.4 (cutting, fitting, applying) 0.1-4.0 0.2 (cutting, fitting, sewing) --. - (cutting, fitting) Percent of Time Exposed (Average) 67% 33% MT-PWHD-008938 { TABLE VII NEW SHIP CONSTRUCTION Amosite: Installation Breathing Zone Dust Concentration Range u_________ Average 2.6-8.9 5.6 Estimated Average Percent 10% Magnesia block: Cutting & installing 2.4-13.3 6.1 39% Asbestos cloth: Cutting, fitting, glueing 3.1-4.6 3.6 20% Asbestos cement: Mixing 11.5-82.8 47.5 1% Fibrous glass, rubber, cork: Cutting, fitting. Installing m * 30% TOTAL P A R TIC LE COUNT (MPPCF) Figure 1. Peak Exposure Pattern from Sawing and Handling Preformed Magnesia Block. 25 23 20 O K4. I5 014 \ 10 BAND SAWING AND HANDLING \ \ REMOVAL OF BLOCK FROM BOXES AND STACKING 0740 .45, 2 345 HOURS - WORK DAY X D o o 00 CD O 8 PART II CONTROL METHODS iiV1 # MT-PWHD-008941 A. INTRODUCTION Even though some exposures to asbestos have been reduced over the past 20 years, exposures still appear too high based on results of studies shown in Part I, and leave no doubt that occupational exposures to asbestos materials cause injury. A four point program was drafted to further reduce exposures. First, a respirator program was initiated to immediately reduce exposures until other control methods could be developed. Secondly, the work practices were examined to identify the most hazardous operations and to suggest alternate methods. For example, wetting of amosite materials reduced the airborne asbestos dust production 50 to 60%. The change of work practices gave the greatest promise for the reduction of airborne asbestos dust as an immediate engineering control, with minimum expenditures. Thirdly, engineering controls which have a far reaching effect, but take longer to initiate are: (1) substitution of materials, (2) new methods, and (3) techniques of ventilation control. Fourth, an educational program was initiated to help workers understand the potential hazards and the reasons why a change in approach to the control of asbestos was needed. This educational program was based on a survey of pipe coverers and insulators that revealed much misunderstanding regarding asbestos exposure and its effects. Part II presents some of the methods employed to reduce airborne asbestos exposures. While it is by no means complete, it represents the opinions of the authors that control must follow: a. Adequate respiratory protection; b. Change of work practices and handling methods; c. Engineering controls such as ventilation; d. An educational program to retrain workers to use less dusty methods; e. Substitution of less hazardous materials. The ultimate goal is to reduce the exposure level to a point where workmen are no longer affected. 1 t MT-PWHD-008942 B. RESPIRATORS AND PROTECTIVE CLOTHING Respirators were first issued to pipe coverers and insulators at PSNS early in the 1950's, and were required in 1960. The emphasis waxed and waned until about 1967 when the Industrial Hygiene Division began urging strict compliance based on epidemiological data which showed that asbestos was still a serious occupational health problem. In January 1968, dust respirators were made mandatory because a survey showed that 767. of the insulators did not use a respirator. About 50% of all insulators did not have a respirator in their possession. Poor face fit, breathing resistance, and comfort were given as reasons for non-compliance, although enforcement was lax. A laboratory program was started to find respirators suitable for long periods of wear. Of the ten best dust respirators commercially availa ble, four were selected that were U.S. Bureau of Mines approved and gave a good face fit, good visibility, and lowest breathing resistance. They were: a. Mine Safety Appliance Company MSA Dustfoe 66 (#10-76869) Cushion Face Piece (#10-41501-N) Dustfoe 66 Filter (#10-73056)--- Box of 50 b. American Optical Company R-3030 Respirator with the R-30 "Red Devil" filter for dusts and mists. A/0 Filter R-30 c. Safeline Respirator #5441 Safeline Filters #5905 d. Acme "Duo-Seal" Dust Respirators #8101-R Dust Filter (Lambs wool) 8147 EW Filter Holder 5021-R Some of the rejected respirators failed the simple tests when used on the job. The respirators now supplied are largely accepted by the workmen and provide effective filtration of at least 90% of the airborne particles and fibers that are of the size most often trapped by the lungs (1 to 100 microns in size). Even though usage is not 100%, the insulators usually wear the respirators during peak dusty conditions. This, alone, effectively reduces the peak intermittent exposures thought to play a large role in the development of asbestosis. I 2 MT-PWHD-008943 On 15 August 1969, a Naval Ship Systems Command Notice directed that protective coveralls would be worn by all employees engaged in shipboard rip-out of asbestos which produces high airborne dust levels. The coveralls were to be cleaned before each use in an attempt to limit personal clothing contamination. Coveralls were to be removed before removal of the respirator to limit exposure. The Industrial Hygiene Division recommended disposable, plastic impregnated, paper coveralls with zippers, costing about $1.00 each, because they were cheap compared to procurement and laundry costs of cotton, twill, or duck coveralls. The plastic finish on the paper coveralls reduces the number of fiber penetrations and disposal of the garment aids dust control. In addition, packing, laundry, transportation, and re-distribution costs are eliminated. When the paper coveralls are taped at the sleeve and pant cuffs, the worker is essentially enclosed, yet the paper garments are permeable to air and do not trap body moisture. ; 3 4:, MT-PWHD-008944 conveniently located. MT-PWHD-008945 ? MT-PWHD-008946 Figure 2. U.S. Bureau of Mines approved dust respirators specified for PC&I workers. Left to right: MSA Dustfoe 66; American Optical R3030; Safeline #5441; Acme "Duo-Seal" #8101R. C. VENTILATION CONTROL The high mobility of asbestos workers aboard ship and the non uniformity of handling, installation, or rip-out of asbestos material presents unusual ventilation problems. Local exhaust ventilation (most often a 3" or 5" diameter flexible sucker) must be used in conjunction with general ventilation to be effective. The local exhaust ventilation applied to the source of dust production is ideal, but in practice workmen find such ventilation bothersome, do not properly place it, or objects worked on are too large for effective control. General ventilation requires large volumes of air to maintain dust counts at acceptable levels in compartments where asbestos handling is done. Ideally, the dust should be captured at the source of generation by local exhaust ventilation. General ventilation should remove and prevent build-up of dust escaping the local exhaust ventilation. There seems to be a practical limit to the local exhaust and general ventilation available to pipe coverers and insulators. During periods of high levels of dust, ventilation techniques customarily used do not adequately keep airborne dust levels in acceptable ranges. Rip-out of old asbestos materials aboard ship is cited as a classic example. Enclosures around dusty operations have not gained wide acceptance, but hold promise as a good control method for especially dusty asbestos operations. Portable polyethylene enclosures set up around the operations limit the spread of the dust to the rest of the ship's compartments. When such enclosures include local exhaust ventilation, capture of asbestos dust is effective. The enclosures in current use, range from plastic sheet to form one side of a hood and capture debris, to reasonably tight containments as the situation requires. The photographs display some additional methods of applying ventilation principles to control asbestos dust generated in the work environment. 4 .` MT-PWHD-008947 MT-PWHD-008948 MT-PWHD-008949 Code 731 PSNS 1970 FIGURE 4. PORTABLE DOWN DRAFT CUTTING TABLE FOR TEMPORARY LOCATIONS. MT-PWHD-008950 MT-PWHD-008952 F ig u re 7. Local exhaust v e n tila tio n a p p lie d to sewing o p e ra tio n s . D. SUBSTITUTION OF MATERIALS One of the most direct methods of reducing asbestos dust exposure is the substitution of less hazardous materials. Fiberglass products have been applied where asbestos materials have traditionally been used for insulation aboard ship. Fiberglass dusts are not presently known to produce an adverse physiological response in the lung. A magnesium or calcium carbonate rigid block material containing only 157. asbestos fibers is used for much of the piping. Only minimum exposure occurs unless the block material is sawed, broken, or ripped off. Substitution is limited only by technical requirements, such as temperature range, and the willingness to change the design or specifications. Identifying, testing and applying new insulation materials takes considerable time. Therefore, changes in application and substitution are likely to appear gradually as technological advances occur. For example, "Ceramic Foam," a new rigid insulation material, has been introduced by Dow Chemical Company in 1969. Ceramic foam is an entirely inorganic, closed cell, vitreous material that is incombustible and resistant to chemical attack. The material has a density of 8 lbs. per cu. ft.; heavier than plastic foams but having greater structural strength for piping, tanks, vessels, low temperature storage and block foam building insulation. The temperature range is from cryogenic to more than 1400F., and is impervious to moisture. In May 1968, the PSNS Pipe Shop requested planning and design branches to substitute other insulation material for asbestos products as a measure to reduce airborne asbestos dust exposure to tradesmen. The Naval Supply Systems Command prohibited the use of asbestos materials for carton packing in 1969. Such measures of substitution will eventually reduce the overall exposure to workmen. 5 MT-PWHD-008953 MT-PWHD-008954 MT-PWHD-008955 F ir.u re Q. A iiio s ite is a m a jo r source o f a irb o rn e asbestos d u s t aboard s h ip and in th e shop. E. CHANGE OF WORK PRACTICES Until asbestos substitutes are in full use, the most significant reductions in airborne asbestos dust can be accomplished by changes in work practices. The worker often applies the materials in a manner that leads to high concentrations of dust in the breathing zone regardless of ventilation supplied, location, or packaging. For example, one worker may carefully pre-wet the materials while another will not, yet pre-wetting is known to reduce airborne asbestos dust production from 50 to 60%. Such changes in work practices will largely depend on the identification of dusty processes, and development of new work methods. Education and training will allow the worker to accept a realistic role in his own health protection. For management, a careful review will show that asbestos dust reduction practices provide better control at little or no extra cost. The change of work practices can be divided into several categories, each containing methods that do not require large expenditures, extensive engineering, or special ventilation technique. (1) Pre-fabrication in shops and on the job site. (a) Materials are removed from containers under ventilated conditions because this source produces much fine dust. Pre-wetting by dipping or spraying reduces dust levels. (b) Dust collection systems are attached to power saws to capture dust at the point of generation. (c) All machines or process tables have waste container systems to prevent the material from falling on the floor. Otherwise foot traffic would keep the dust dispersed for long periods. (d) Wetting down asbestos material of any type reduces airborne dust production. If the materials are to be used later, a plastic bag will retain the moisture and contain any dust. (e) Pre-fabrication of asbestos materials in the shop is done under adequately ventilated conditions. Such pre-fabrication in the shop saves time aboard ship, and reduces cutting by workers on the job. Pre-cut sections are packaged and identified in the shop and delivered directly to the job site. All of the pieces are kept together, breakage is reduced, and dust is contained. (f) The modular assembly of piping and insulation under ventilated conditions holds promise because of the time saved, minimizing ship assembly time and uncontrolled exposures. 6 MT-PWHD-008956 (g) For small applications, asbestos cements are placed in a plastic bag, water is added, and the mixture is then kneaded. Often the correct amount of asbestos cement can be sent in the mixing bag to the work site from the shop along with the materials to be applied. Asbestos cements produce high levels of asbestos dust when handled dry. (2) Installation. (a) Unpacking, handling, and applying asbestos materials aboard ship contribute significantly to overall exposures. Pre-wetting, pre packaging, and careful handling does reduce breathing zone exposure. Throwing asbestos materials contributes significantly to airborne dusts, a practice largely accepted. (b) Hand sawing, cutting, and jacket stripping are performed under ventilated conditions but not all dust is captured. Respirators should be worn by the exposed individual, because hand sawing or breaking, produces excessively high dust levels throughout small compartments. (c) Portable dust collectors or exhaust blowers are used to collect asbestos dust at their source and exhaust them outside the ship. Exhausting into adjoining spaces is avoided. (d) Asbestos cloth with a built-in or re-wettable adhesive is used to reduce airborne dusts. Plain asbestos cloth produces relatively high levels of airborne fibers when ripped or handled vigorously. (3) Application of Cements. (a) Most asbestos cement products are mixed at dockside and delivered to the work site aboard ship. Some cements which harden rapidly on addition of water are mixed at the site. (b) The bags of cement are emptied without shaking to reduce dusts. (c) When the bag is emptied, the material is dropped the shortest distance to avoid dispersion of asbestos dust. (d) Empty bags are placed in containers, wet down, then removed from the ship. (e) Mixing ar^as are selected. Ventilated mixing stations at dock side, open air mixing, or adequate local exhaust ventilation are required to keep large scale asbestos cement mixing from producing excessive airborne dusts. I 7 MT-PWHD-008957 (f) U.S. Bureau of Mines approved respirators are worn by personnel mixing asbestos cements. (g) Surfaces scraped clear of old asbestos cement are pre-wet. Wetting the tools also aids in dust reduction. 4. Removal ("Rip-out") a. Ships under overhaul have large amounts of asbestos material removed. The removal produces high airborne concentrations of dust in ships' compartments for weeks at a time. The pipe coverers and insulators attempt to isolate the area with curtains, portable partitions, or enclosure of the work area to provide capture of the dust by ventilation, and prevent spreading of dust to adjacent work areas. b. When rip-out produces high dust levels, PC&I personnel wear coveralls and respirators. Other trades usually have no protection and are excluded from the work area. c. Materials are sawed into sections for removal instead of ripping with a bar. Removal in this manner produces less rubble. A cast-cutter such as used by the medical profession produces excellent results and little dust. d. Plastic drop cloths are suspended beneath work areas to catch falling scraps and debris that produces dust. e. Asbestos scrap is collected in bins, and wet down prior to remova1. f. In inaccessible places, asbestos materials are placed in plastic bags. Burlap bags are no longer used because the fine dust sifts from the bags when they are moved. g. Exhaust ventilation is provided at the source of rip-out. General exhaust ventilation is provided to the compartment to prevent accumulation of asbestos dust in air. 5. Housekeeping for Shop and Ship a. Periodic cleaning of work area, especially at the end of each shift, contributes greatly to dust reduction. The longer materials lie the more widespread they become, producing considerable airborne dust. b. Foot traffic produces considerable dust from fallen asbestos scrap, shavings, or debris. The simple procedure of placing cutting or work stations away from general foot traffic significantly reduces dust. 8 v- MT-PWHD-008958 c. Surplus materials are picked up and placed in cartons or plastic bags. d. Industrial vacuum cleaners are excellent to remove settled asbestos dust and other material around cutting benches. They provide some ventilation when attached to ventilated cutting tables when other sources of ventilation are not available. e. The use of brooms, fox-tail brushes or rags is discouraged for clean-up of asbestos dust, because of the high dust levels produced. Such fine dust once re-dispersed remains suspended in air for many hours. f. Scrap materials are placed in disposable plastic bags. At the end of the shift the bags are taped shut and removed from the work location as refuse. g. Large pieces of scrap materials are placed in containers and wet down to reduce dust. 9 MT-PWHD-008959 Figure 10. Asbestos refuse collected in polyvinyl plastic bags are sealed and removed from the ship. This reduces a major source of asbestos dust and simplifies clean-up. MT-PWHD-008960 M:'-? *>.' l i/ 'r r5 I' \ f fcr. :? il t! f \\ i\ 1- t K i:.: / , '****- \` ' ' 5. ' V* X- 1 r ^evr *>y,- * L Figure 11. Magnesia block insulation is relief sawed under controlled conditions in the shop to minimize sawing aboard ship. :PRODl d Jin * d. MT-PWHD-008961 i I -aJ QS O jt 2 produces high dust levels. MT-PWHD-008962 1*W MT-PWHD-008963 Figure 13. . Sealing magnesia block in plastic bags reduces airborne dust during handling and reduces breakage. MT-PWHD-008964 F. EDUCATIONAL A sustained, detailed educational program appears essential to continue an asbestos dust control program. A survey revealed asbestos workers did not fully understand the hazards of asbestos, nor had they received formal training explaining the medical and environmental controls. In June, 1969, lectures and demonstrations were given to win their acceptance, allay fears, and carefully explain proposed changes of work practices, and the effects of breathing asbestos dust. Many doubted that the proposed changes would be helpful, or resented some of the inconveniences, such as respirators. The lecture series explained improved methods for minimizing exposure of insulation workers, and encouraged them to recommend methods of their own through the U.S. Navy Beneficial Suggestion program. Also, the lectures explained the medical aspects, tests, the meaning of chest X-rays, and methods of environmental testing. The scientific reasoning for control rules, or equipment use, was carefully explained to insure intelligent application. The results were excellent; most of the workers began applying changes in work methods that reduced exposures. The Beneficial Suggestion program provided several excellent changes, and identified a number of problem areas worthy of environmental control. Most of all, the attitude of the workers changed to one of interest and cooperation. No adverse reaction or worker-employer difficulties developed as a result of the presentation of all the facts regarding the health and environment of pipe coverers and insulators. The authors believe that the change of work practices, which relies largely on the individual worker, could not have been accomplished without the educational program. Training programs should be sustained because workers forget, new methods develop, and worker feed-back of problems and ideas is important. A follow-up educational program is warranted to convince PC&I workers not to smoke. The risk of lung cancer among asbestos workers who smoke is nearly 2:1 compared to PC&I workers who do not smoke. 10 t A; f MT-PWHD-008965 G. SUMMARY The control of asbestos materials and the dust produced required a 5 point program to reduce exposures to acceptable levels. The evidence of excessive pulmonary abnormalities among pipe coverers and insulators implied that overexposures were still occurring even though the Threshold Limit Value of 5 million particles per cubic foot asbestos dust in air had been applied for the last 20 years. Proposed reductions in the 1970 Threshold Limit Value for asbestos dust to 2 million particles per cubic foot means that more effective control measures must be applied. The respirators and change of work practices provided an immediate solution, but substitution of less hazardous materials, and engineering controls, such as improved ventilation methods, must ultimately be applied. They hold greater promise for direct material control and engineered applications which eliminate human decision related to asbestos dust on the job. 11 MT-PWHD-008966 THE STATE OF TEXAS county of Mclennan I do solemnly swear that the writing which has been offered for probate is the last will of Jacob Edward Broun Deceased, so far as I know or believe, and that I will well and truly perform all the duties of. Independent Executor Jacob Edward Brown of the estate of the said Deceased. Sworn to and subscribed before me this. .day of. August 194_2_ (SEAL) fltgKXMflqreraisaLXwafxflrayraimrptxT^'gar . SOTAUY VL-BL1C Bronx County Clew's No. 73 Bronx County Register'* N1'- 4<F*43 _ w York County Cork's No. 407 _. Vt'k fount? ----- autiwsC Comniisshn Expires March 30, 1943 PRODUCED JIM -83 FILED 24 day of Aug 1942 FLOYD MITCiIElL Clerk, County Court, McLennan County, Texas By C. L. Middlebrook Deputy MT-PWHD-008967 FILE r' COPY Cc A.. * ^1s\J{ J.\- . V (J ' ^t>'l$oo\ 044- &6(t4fr(!r SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES O DOROTHY ST. JACQUE, et al., Plaintiffs, vs . JOHNS-MANV T LLE PRODUCTS CORP . etc., et al. , Defendants. RICHARD E. BEAUREGARD, et al. Plaintif fs, vs. JOLNS-MANV1LLE PRODUCTS CORP. etc., e t a 1. , Defendants. LAWRENCE KANE, Plaintiff, vs JOHNS-MANVILLE PRODUCTS CORP. etc., et al., Defendants. ALVIN 0. WINK, Plaintiff, vs . JOHNS-MANVILLE PRODUCTS CORP, etc., et al., Defendants. ) '' ) ) ) ) NO: C 137 465 ) ) ) ) ) ). ) ) ) ) ) ) NO: C 137 466 ) ) ) ) ) ) ) ") ) ) ) ) ) NO: C 258 940 ) ) ) ) ) ) ") ) ) ) ) ) NO: SOC 52055 ) irai mniiiiHi ) III!!. court reporter 16 TO oacrtif PRODUCED JM - S3h*M n^tton.M tr-tw L t }nn 9AHM 'Uh ` MT-PWH D-008968 PAULINE STEELE, et al., ) Plaintiffs, ) ) ) vs. ) NO: SOC 43247 JOHNS-i lANVILLE PRODUCTS CORP . , etc . , et al. , ) ) ) Defendants. ) ) ) ) _____________________________________________ )_________________________ DEPOSITION UPON ORAL EXAMINATION OF DANIEL JAMES BESSMER 9:00 a.m. January 7, 1980 Holiday Inn Bremerton, Washington 4 Pete S. Hunt, Court Reporter ' utfflii iimiiiin: a assucmmies. couit repoiters 1610 pardic lifJ 041.0114! fMO* f)n <r1*f>r. MT-PWHD-008969 TABLE OF CONTENTS EXAMINATION By Mr . Hoch.......................... 5 -- 140 4; By Ilr. Judy.........................................Pages 140 - 153 5 By Mr. Fish............................ 153 - 169 6 By Mr. Fitzhugh.................. 169 7 By Mr. Silberfeld............. 170 -- 185 8 ; By Mr. Hoch.......................... .......... Pages 186 - 191 9 By Mr. Fitzhugh................ .......... Pages 191 - 192 10 By Mr. Silberfeld..........................Pages 192 - 193 1 1 By Mr. F ish........................... 193 EXHIBIT INDEX n NUMBER 16. A i7: DESCRIPTION Copy of the Asbestos Exposure and Control Booklet developed and approved on March, 1979 at the Puget Sound Naval Shipyard. PAGE .10 in B-l 19 B-2 20 Insulation Hygiene Progress Report dated Winter, 1970, Volume II, No. 4. . Insulation Hygiene Progress Report dated Winter, 1971, Volume III, Ho. 4. 12 12 2i C ; 22 D 7'. Copy of the "Salute" newspaper dated December 4, 1970. A page out of the Bremerton Sun dated Wednesday, November 1, 1972 12 12 :t 2^ * DEAN MOBl'RC & ASSOCIATES - Court Reporters * UA 2*31 10 - Seattle and Everett, Washington * 1 PR0DUCD '* - 83 MT-PWHD-008970 rv 1 2 V NUMBER 4E v 6 7; :F h v 11 12 1} 11 n 16 17 i j 1H 1 19 20 21 EXHIBIT INDEX - continuing DESCRIPTION A cony of a report entitled Asbestos Exposure and Pulmonary X-ray Changes to Pipecoverers and Insulators at the Puget Sound Naval Shipyard dated August, 1968 authored by C. A. Mangold and R. R. Beckett, and D. J. Besstner. A copy of a letter on the stationery of the Long Beach Naval Shipyard dated 15 October, 1968 addressed to D. J. Besstner, Head Industrial Hygiene Division, Puget Sound Naval Shipyard signed by Mr. Sheldon Manning, Industrial Hygienist. r 7t 23 PACE : 109 | ' 114 I 1 i < | ; !l i * DEAN MOSURG & ASSOCIATES - Court Reporters UA 2-31 10 - Seattle and Everett, Washington e ii r-% T\ i ! MT-PWHD-008971 1 APPEARANCES: 2 3 FOR THE PLAINTIFF: . 4 5 6 FOR THE WITNESS: 7 H ROMAN SILBERFELD Attorney at Law 6300 Wilshire Boulevard Suite 9000 Los Angeles, California 90048 RONNIE G. CAPLANE Attorney at Law 450 Golden Gate Avenue San Francisco, California 94102 9 FOR THE DEFENDANT: 10 11 VINCENT FISH Attorney at Lattf 555 S. Flower Street Los Angeles, California 90071 12 FOR THE DEFENDANT: 13 14 STEVEN L. HOCH Att'orney at Law 815 Moraga Drive Los Angeles, California 90049 ! 1 S FOR THE DEFENDANT: 16 17 WILLIAM ROBERSON Attorney at Law 60b S. Olive Street Los Angeles, California 90014 18 FOR THE DEFENDANT: 19 20 CARY W. SPENCER Attorney at Law 1800 N. Highland Suite 520 Hollywood, California 90028 21 FOR THE DEFENDANT: 22 23 NEIL RONES Attorney at Law 3356 Barham Building Los Angeles, California 90068 24 FOR THE DEFENDANT: 2} JAMES TILLIPMAN Attorney at Law 626 Wilshire Building, Suite 500 Los Angeles, California 90017 ________________ DEAN MOBURG & ASSOCIATES - Court Rsporlsrs - MA 2-31 10 - Saaltl* and Evaratt, Washington *---------------------- 2 MT-PWHD-008972 1 APPEAR - N C E S: 2 FOR THE DEFENDANT: 3 4 FOR THE DEFENDANT: 3 6 DOUGLAS C. CONROY Attorney at Lav; 535 South Flower Street Los Angeles, California 90071 JOHN R. ELLIS Attorney at Lav; 1200 Wilshire Blvd. Suite 500 Los Angeles, California 90017 7 FOR THE DEFENDANT: H 9 JAMES S. VAN DAM Attorney at Law 888 West Sixth Street, A14Q0 Los Angeles, California 90017 10 FOR THE DEFENDANT: 11 12 TIMOTHY B. FITZHUGH Attorney at Law 8383 Wilshire Boulevard Suite 330 Beverly Hills, California 90211 13 FOR THE DEFENDANT: 14 13 FOR THE DEFENDANT: 16 17 IH FOR THE DEFENDANT: 19 20 FOR THE DEFENDANT: 21 22 23 FOR THE DEFENDANT: 2-t 23 STEVEN HAMOR Attorney at Law 1540 Wilshire Boulevard Los Angeles, California 90017 JOHN G. TAVETIAN Attorney at Law 21535 Hawthorne Boulevard Torrance, California 90503 ROBERT H. ROE Attorney at Lav; P. 0. Box 54795 Los Angeles, California 90054 LLOYD STAMP Attorney at Law 110 Pine Avenue, Suite 820 Long Beach, California 90802 BRUCE B. NEFT Attorney at Law 3250 Wilshire Boulevard Los Angeles, California 90010 DEAN MOBURG ASSOCIATES - Court Rsportsrs * MA 2*31 10 - Ssottlo and Evarstt, Washington ____ 3 MT-PWHD-008973 1 APPEARANCES: 2 3 FOR THE DEFENDANT: 4 5 6 FOR THE DEFENDANT: 7 8 9 10 FOR THE DEFENDANT: 11 12 13 J. LAWRENCE JUDY Attorney at Law 1200 Wilshire Boulevard Los Angeles, California 90010 MICHAEL O'CONNOR Attorney at Law 401 N. Brand Bldg, Suite 726 Glendale, California 91203 PAUL T. DALTON Attorney at Law 210 West Galer Seattle, Washington 98119 4 14 n 16 17 IH 19 20 21 2j 23 24 23 * DEAN MOBURG 6 ASSOCIATES * Court Reporter* MA 2*31 10 - Seattle and Everett, Washington * produce Mr to -83 MT-PWHD-008974 1 DANIEL JAMES BES5MER, 2 being first duly sworn on oath, deposed and said as follows: 3 4 EXAMINATION 3 BY MR. H0C1I: 60 Would you please state and spell your full name for the 7 HA record? Daniel James Bessmer, B-e-s-s-m-e-r. 9Q 10 Mr. Bessmer, may we please have your-present resident address ? I I A 6700 StampedeBoulevard, N.U. , Bremerton, Washington. 12 Q Zip code? 13 A 14 Q 98310. May I also have your date of birth please? 13 A December 17, 1916. 16 Q Thank you. Mr. Bessmer, my name is Steve Hoch, I'm 17 an attorney, and I represent Johns-Manville Corporation 18 in a litigation that is filed in Southern California. 19 I'm responsible fortunatelv or unfortunately for bringing 20 you down today for this deposition. Have you ever been 21 deposed before? 22 A No. 23 0 Let me explain what'sgoingto happen here today. 24 Although, I'm sure you have had an opportunity to sneak 23 with your counsel, and I'm sure she has adequately * DEAN MOBURG 4 ASSOCIATES - Court Reporters MA 2-31 10 - Soattlo and Evorott, Washington * -. MT-PWHD-008975 I 2 3 4 5 6A 7Q 8 9 10 1I 12 13 14 IS 16 17 18 19 A 20 Q 21 22 2S A 24 Q 2S explained it. I'd like to go over some points on the record. You have been put under oath by the court reporter, who is an officer of the Court. It's the same oath that you would take in a Court of Law and has the same force and effect, do you understand that? Yes. For the purpose of this record, I'd like to state again, that this deposition is being taken pursuant to the rules of the State of California. It is very important in your deposition that we follow some rules so that we have a clean record. It's important that vou listen to all the questions that are asked you before you answer them. ' Make sure vou completely hear them and completelv under 4 stand them. If you don't hear them or don't understand them, please ask for an explanation, please ask for the question to be read back to you. We don't want you to guess or speculate to anything, so be careful before you do answer, do you understand? Yes. If you answer a question, we're going to have to assume you completely heard it and completely understood it, is that fair? Yes. Also, it is very important in your deposition, Mr. Bessmer, that you allow all the attorneys to finish their question * DEAN MOBURG & ASSOCIATES * Court Roportors - MA 2-31 10 Soattlo and Evarott, Washington * 6 produced JH-83 MT-PWHD-008976 1 2 3 4 5 6 7A 8Q 9 10 11 12 13 14 n 16 17 A I8 Q 19 20 21 22 23 2-1 23 before you start with an answer, otherwise you may actually not be answering a question that's being asked. If we speak over one another, we may have a confusing record. There has to be a pause ever so slight in between what I say or whatever any other counsel says-and what you say, do you understand that? Yes. Also, it's very important that you'answer verbally at all times. The court reporter is not emDOwered to take down nods of the head, shrugs of the shoulder or if somebody asks you how big something is and you hold vour hands like that. We'd also ask that you refrain from using ambiguous language such as huh-uh or uh-huh or something 4 like that, because we may well understand, the court reporter may not and may make for an unfit record, do you understand that? Yes . We don't want you to guess or speculate, as I indicated to you, however, we are entitled to your best recollection of events that occurred in the past. If you have any facts upon which you can base a recollection, we are entitled to that. If at any time you feel like taking a break, please also speak up, we'd be more than happy to take a break. We usually take breaks about every hour or hour and a half. If you feel you need some before, DEAN MOBURG 4 ASSOCIATES - Court Reportoro - MA 2-31 10 - Soattlo and Evoratt, Washington 7 MT-PWHD-008977 1 2 3 4 5 6 7 H 9 10 11 12 13 14 n 16 A 17 Q 18 19 A 20 21 22 23 24 23 please speak up. If at any time you want to speak with your counsel privately, please do so. At some point in time when the deposition is concluded, the court reporter takes his notes back to his office and dictates a deposition transcript of which appears in a typewritten booklet form. That booklet will be sent to you. You will be asked to make any corrections that you feel are necessary on it. You can change testimony if you wish. I do however, want to caution you that the fact that you changed testimony may be commented on at the tine of trial in this matter, and that might prove to be embarrassing to you or it may adversely affect one of the * litigants in this case. So we ask today that you give us your best possible answer to avoid that problem in the future, do you understand that? Yes. Do you have any questions about the nature of the deposition? No. MS. CAPLANE: Before vou start, I would like to tell you and everyone else here that Mr. Bessmer has a high frequency hearing loss which means that although that may not be a problem here, because women's voices are usually higher pitched and are difficult to Dick up, but if there are voices over voices, he's not going to be DEAN MOBURG & ASSOCIATES - Court Rtportsrs UA 2-31 10 - Soattl* and Evorott, Washington 8 MT-PWHD-008978 1 2 3 4 3 6 7 8 9 10 Q 1I 12 A 13 Q 14 13 A 16 Q 17 18 19 A 20 Q 21 22 Q 23 2-1 23 distinguishing a single voice. So it is important that everything proceeds orderly. MR. HOCH: If at any time, Mr. Bessmer, you feel that there is much talk going on and you can't hear somebody, please speak up, we don't want you to answer a single question or say a single word unless you are comfortable with the fact you heard and understood the questions, do you understand that? THE WITNESS: Yes. (By Mr. Hoch) Were you served with a subpoena to appear here today, Mr. Bessmer? Yes. Were you also served with a subpoena to bring certain records, documents that you may have in your possession? Yes. Did you search your files or your home, wherever you may keep things for documents, which would be applicable under that subpoena? Yes. Did you bring them with you? MS. CAPLANE: I brought them. (By Mr. Hoch) May we have them for the purpose of identifica tion? MS. CAPLANE: Yes. MR. HOCH: The record should reflect that * DEAN MOBURG 4 ASSOCIATES - Court Raportars - MA 2-31 10 - SaattU and Evaratl, Washington 9 --... MT-PWHD-008979 1 2 3 4 5 6 7 8 9 10 11 12 13 A 14 Q 1' A 16 17 18 19 20 A 2J Q 2\ ' 24 2*> counsel has provided me with the following items: No. 1 is a manual entitled Asbestos Exposure and Control, Puget Sound Naval Shipyard, Bremerton, Washington, which the inside page indicates "Reviewed and approved March, 1970, W. F. Petrovic, Rear Admiral, U. S. Navy." We'll look this over later, but in the meantime, we will mark this as defendant's Exhibit A to the deposition. (Whereupon, Exhibit A was marked for identification.) Mr. Bessmer, is this an actual copy of the Asbestos Exposure and Control booklet that was developed and approved on March 1970 at the Puget Sound Naval Shipyard? Yes. 4 What was the purpose of this? / It was a report of our findings when we finally discovered that we had a problem with asbestos. It was published, available to the public. / It was a report that also was published by you and presented in August of 1968 which contained some similar material? I don't recall. I'll show you that letter. MS. CAPLANE: I would request that the court reporter make copies of these and send the original back to Mr. Bessmer, because these are the onlv ones he has DEAN MOBURG 4 ASSOCIATES - Court Report.r - VIA 2-31 10 S.attl. and Evorott, Washington * 10 MT-PWHD-008980 1 2 3 4 5 6 7 8 9 10 11 Q 12 13 14 A nQ 16 17 18 19 20 21 A 22 Q 2\ A 24 23 got. MR. FISH: And copies can be used in place of the original as though they were the original, is that so stipulated? MS. CAPLANE:, I'm not a party. It's fine with me. Sure, I'll stipulate to the liability on behalf of all of these guys here too. Of course I will, sure I will. MR. HOCH: Let's discuss that later, because that might be a problem. (By Mr. Hoch) We also have two issues of the Insulation Hygiene Progress Reports, otherwise known as the green sheets, isn't that correct? " I guess so. These are dated Winter, 1970, Volume II, No. 4; and Winter 1971, Volume III, No. 4. Let's label these collectively as B-l and B-2. We also have a copy of a newspaper called "Salute", December 4, 1970. Is this the Bremerton Puget Sound Naval Shipyard newspaper? Yes . Let's label that as Exhibit C. We also have a newspaper page and one photograoh from a newspaper which appears to be the Bremerton Sun dated November 1st, 1972. It's an article entitled PSNS Conducts ___ * DEAN MOBURG 4 ASSOCIATES - Court Reporters - MA 2-31 10 - Seattle and Everett, Washington e ---------------------------- 11 MT-PWHD-008981 1 2 3A 4 3 6 7 8 9 10 1I 12 13 14 nA 16 Q 17 18 19 A 20 Q 21 22 23 24 23 A Model Asbestos Control Program. Mr. Bessmer, is this a page from a local nespaper? Yes . MR. FISH: Before you start, so that we have the jury understand what we're talking about, tell us PSNS means. THE WITNESS: Puget Sound Naval Shipyard. (Whereupon Exhibits B-l, B-2. C and D were marked for identification.) MR. HOCH: Mr. Bessmer, do you have, at your home or in any other place under your control, any other documents whatsoever that pertain to your work at the Long Beach Naval Shipyard or the Puget Sound Naval Shipyard? No. Did you have any conversations prior to this deposition with anyone other than your counsel relating to this deposition? No. Did you have any conversation with anyone relating to the litigation in which you have been subpoenaed, that would be litigation by various workers of the United States Government and against the manufacturers of asbestos containing thermal insulation products? No. _ DEAN UOBURG 4 ASSOCIATES - CoutI Reports'* - MA 2-31 10 - Seattle and Everett, Wanhinalon * 12 ____ _________ MT-PWHD-008982 10 2 3A 40 3 6A 7 8 y 10 ii 12 13 Q 1-4 A nQ 16 A 17 18 19 Q 20 21 A 22 Q 23 28 23 Did you have a conversation prior to this deposition with Ilr. Watkins relative to these procedures? No. Can you give us a brief history of your educational background, please? I have a Bachelors Degree in Physical Science, San Jose State College, 1942. I had approximately a three month course in industrial hygiene sponsored by the Navy at the Delamar Institute of Public Health, the Columbia University, New York in 1942. I have a Masters Degree in Chemistry, Stanford University, 1947. I had a course in noise control at MIT. Is that noise vou said? Noise, yes. I believe 1955. Did you get any degree orcertificatefrom that? I think I got a littlecertificate. ThenI have had miscellaneous short courses, refresher courses, that type of thing. Over the years have you had any miscellaneous courses dealing with respiratory ailments? ' No. Did you have any miscellaneous courses dealing with control of freeborne dust particles, and I don't mean to specifically say that would be the course curriculum, but rather that that topic was covered? ________________ * DEAN MOBURG & ASSOCIATES Court Reporters - MA 2-31 10 - Seoul# and Everett, Washington # ____________ 13 produced JH - 83 MT-PWHD-008983 1A 2 3Q 4 5A 6Q 7A 80 9 10 11 12 A 13 0 14 13 16 A 17 Q 18 19 A 20 Q 21 A> > A 23 0 24 23 A I'm not sure, but I may have had a short course in the use of phase microscopy, but I couldn't swear to it. Any kind of short courses relating to asbestos exnosure, or asbestos handling or asbestos control? No . Thedegree youreceived in1942 atSan Jose was a BS? BA. The three month's course in industrial hygiene you took in '42, sponsored by the Navy, did you receive some sort of a degree or certificate completion from that course? I believe there was acertificate of completion. * To yourknowledge, was that the first such course offered by the Navy to individuals who wished to be trained in industrial hygiene? No, it was not. Do you know when the first such course was given by the Navy? I guess I can't answer that, because I don't know,. In that course in industrial hvgiene, did you touch on the topic of asbestos? Yes. Can you tell us briefly, duringthat course what you were taught concerning asbestos? I was taught there was an entity called asbestosis. I ___ . * DEAN MOBURG ASSOCIATES Court Roportors - MA 2-31 10 - Soottl* and Evaratt, Washington * . ___ 14 MT-PWHD-008984 I 2 i 4Q 6A 7Q H 9A 10 Q 11 A 12 13 14 Q n 16 A 17 Q 18 A 19 Q 20 A 21 Q 22 23 2-4 23 A was shown x-rays of lungs with this condition. I was told about asbestos bodies in sputum, for example. That's about all I remember of it. Were you taught anything concerning how best to protect workers using asbestos from freeborne asbestos particles? Other than using a respirator, no. Were you told or taught that respirators are an effective method of protecting workers from asbestos? That was my understanding. Was there any discussion concerning ventilation? We had a general course in ventilation principles, but I don't believe anybody said anything about a specific application. Did you discuss in that course in industrial health, other respirable dusts? Yes. Silica was among them? Yes. Any otherdusts that you can remember? No. Was it your understanding, from that course, that ventilation was assumed that could be used for all respirable dusts to protect workers from inhaling those dusts to certain degrees, certain levels? Yes. DEAN MOBURG 4 ASSOCIATES - Court Roportoro - MA 2-31 10 - Soottlo and Evor.tt, Wanhinqton 15 PftoDUcID JH - 83 MT-PWHD-008985 IQ 2 3A 4Q 3A 6Q 7A 8Q 9 10 11 12 A 13 Q 14 A 13 Q 16 A 17 18 19 20 21 22 23 2-t 23 Do you remember reading any text or articles touching on asbestos? No. Do you recall that? At that time? At that time, I'm talking about. Okay, no. Do you recall any reference being made to the fact that the work done in the field was diagnosing, controlling asbestosis, was basically done in the industrial setting of mining and milling of asbestos? I don't recall that. Who taught these courses at Columbia? Pertaining to asbestos or the whole schmeer? The whole schmeer. We had different instructors. Dr. Flynn, I don't remember his initials, was head of the program. We had Dr. Louis Schwartz, for example, from the U. S. Public Health Service give us these ten skin diseases. We had one slight problem, which was most of these previous courses at Columbia had been for physicians, and they thought that we were physicians at first. The course on asbestos j was taught by Dr. Gardner from the Lake Sarnac Institute, I'm not sure. And Dr. Flynn taught some. We had a woman, I don't remember her name, taught us something * DEAN MOBURG 4 ASSOCIATES - Court Rsportars - MA 2-31 10 - Soottla and Evaratt, Washington 16 . MT-PWHD-008986 1 2 3Q A 5 6 7A 8Q 9 10 A 11 0 12 A 13 Q 14 13 16 A 17 Q 18 19 A 20 Q 21 A 22 0 23 24 A 23 0 about industrial psychiatry. We had a course in biostatistics, I don't remember who taught that. With relation to the lecture materials or what have you that Dr. Gardner provided to you, do you recall any comments he may have made as to the testing or experimenta1 reports that Sarnac was working on at the time? I don't recall specifics. Do you have any notes, documents relating to that course i in your possession? I don't believe so. Long since disappeared? Yes. The Masters course that you took at Stanford, was there any specialty within the field of chemistry you concentrated on? Organic chemistry. In anv of the courses or studies at Stanford, did you touch on asbestos at all? No. Did you touch on any respirable dusts? No. Did you touch on any of the reactions the human body has to respirable dusts? No. I assume you graduated from high school? * DEAN MOBURG & ASSOCIATES - Court Reporter* * MA 2*31 10 Soattl* and Evaratt, Washington * 17 f MT-PWHD-008987 IA 2Q 1A 4Q 1 6A 7Q 8 9A 10 11 Q I2 A 1J Q 14 A 11 Q 16 17 A 18 19 20 21 Q 22 A 2} 2-1 21 Q Yes. And where was your first employment after high school? I think I probably picked prunes. Let's skip the picking of prunes. Did you go from high school directly to San Jose State? Yes. When you graduated, where was your first employment after San Jose State? I was a quality control chemist, what was known as Westwaco Chlorine Products Corporation, Newark, California. How long were you inthat job,approximately? A couple of years, I don'tremember exactly. And then where did you go? 4 I went into active duty with the U. S. Navy. Can you briefly just tell us what the quality control chemists at Westwaco Products did? We either went out into the plant and took samples of materials at various stages of the process, analyzed them to see if they met specs or samples were given to us prior to shipment. What kind of products are we talking about? We're talking about lime, magnesium, oxide materials, refractories, ethylenedibromide, those were the main ones. Do you recall whether or not that company sold any of 10_________. DEAN MOBURG & ASSOCIATES * Court Rsportors - MA 2-31 Soottlo and Evorott, Washington * 18 MT-PWHD-008988 1 2A 3Q 4A 5 6Q 7 8A 9 10 Q 11 12 A 13 14 Q 13 A 16 Q 17 18 A 19 Q 20 A 21 22 Q 23 A 24 Q 23 those items to the United States Government? I don't know. Is that something out of your field? Yes, I didn't have anything to do with that end of the business at all. When you made reference to specs, vou meant specifica tions? Yes, established by the company itself. At this stage of the process, the materials should be this way. When you went on active Navy duty, where did you go on active Navy duty and at what rank? My entry rank was Ensign, my first duty was Mare Island m Naval Shipyard. What year did you join the Navy? I went on active duty in April of '42. I assume you were working at Westwaco Products while you were in school at San Jose State? No. Could you explain that, it seems to overlap. Yes, I started at San Jose in 1934. In my sophomore year I discovered girls and flunked out. All right. I kept going back. To the girls or school? MR. FISH: Both. _______________ DEAN MOBURG 4 ASSOCIATES - Court Reporters - MA 2-3110 - Saottlo and Evaratt, Washington ----------------- 19 MT-PWHD-008989 1 2 3 4 5 6 7 H0 9 10 11 A 12 0 13 14 A 13 Q 16 A 17 IS 19 Q 20 21 A 22 Q 23 A 24 0 23 A THE WITNESS: Well, I also had to quit and work from time to time, we were quite poor. So it took me from 1934 to 1942 to get a BA degree, but actually I had quit school in mv senior year and went to work for Westwaco, When the Navy sent me to Columbia University, the State of California decided that was sufficient credit to give me my degree. (By Mr. Hoch) So actually the three month course you got in the Navy was part of your credits toward your B. A. ? B.A., right. What were your duties at Mare Island Shipyards when you were assigned there? I was industrial hygiene officer. Is that before or after you took a course at Columbia? Well, that was before. I was attached from Mare Island after I had been there about three months, April, May, June, and sent to Columbia. What were your duties as industrial hvgiene officer at Mare Island prior to your detachment? Mostly unpacking equipment. Any kind of equipment in particular? Laboratory equipment for the industrial hygiene lab. Were you setting up the lab there? Yes. DEAN MOBURG 6 ASSOCIATES - Court Reporters - MA 2*31 10 - Seattle and Everett, Washington * 20 MT-PWHD-008990 1Q 2A 3 4Q 5 6A 7Q HA 9Q 10 1I I2 A 13 0 14 13 A 16 0 17 18 A 19 0 20 21 22 A 23 0 24 A 23 Q Was that your responsibility to set up the lab there? There were three industrial hygiene officers, we shared the responsibility. Was there an existing industrial hygiene laboratory at the Mare Island Naval Shipyard upon your arrival? No. Was there an industrial hygiene billet? I'm not sure I understand that question. Was there somebody functioning in an active position as an industrial hygienist at Mare Island Naval Shipyard when you first arrived there? No. Was a laboratory that you were setting uo functioning when you left? To go to school? Yes, that's what I'm talking about, prior to your detachment? No. Did you actively do anything in the industrial hygiene field other than setting up a laboratory prior to your detachment from Mare Island? No. Did either of the two other industrial hygienists? No. When you completed the course at Columbia, were vou _______________ DEAN MOBURG 4 ASSOCIATES - Court Roportor* - MA 2-31 10 - Soottio and Evorott, Washington __________ 21 MT-PWHD-008991 1 2A 30 4A 5Q 6A 7Q 8A 9Q 10 11 A 12 13 Q 14 11 A 16 Q 17 A 18 19 0 20 A 21 0 22 A 23 Q 2I A 23 Q assigned back to Mare Island? Yes. ' In what capacity? Industrial hygiene officer. Same rank? * Same rank. Was a laboratory set up when you got back? No. What were your duties then at Mare Island after vou returned from Columbia? We set up the laboratory and started work in the field in industrial hygiene. ' Did the other two industrial hygiene officers come with you to Columbia? Yes. Who were they, if you remember? Guido Rosati, a good friend of mine. A fellow named Walstaff, and I don't remember his first name. Was there another one? Yes. That's actually four? Yes. I can't remember him also. If the name comes to you sometime today, let us know. Yes. Is Mr. Rosati still around? DEAN MOBURG 4 ASSOCIATES Court Roportoro - MA 2-31 10 - Soon I. and Evorotl, Washington 22 ______________ MT-PWHD-008992 1A 2 3Q 4A 5 6Q 7A H0 9A 10 0 11 12 A 13 Q 14 nA 16 Q 17 1H 19 A 20 >1 22 Q 23 A 2-1 2*> I believe he just retired fron Mare Island a short time ago. Do you know where he is presently living? What's that place down there, Concord. Walnut Creek area. Do you have contact at all with Mr. Walstaff? No. How long were you at Mare Island? I guess about six months. This would be six months after you got back from Columbia? Yes. Did Mr. Rosati spend all of his time, as faras you know, at Mare Island? No, I think he was up here at Keyport for a while. What type of things did he do as an industrial hygiene officer at Mare Island Naval Shipyard after vour course at Columbia and excluding setun of the lab? We had a directive from the Bureau of Medicine and Surgery to do a complete survey of the shipyards, which we did. And what was the purpose of that? To identify health hazards throughout theyard and all the processes, the presence or absence of controls, number of people exposed, I guess that's it. _______________ * DEAN MOBURG & ASSOCIATES - Court Reporters - MA 2-31 10 - Soottl* and Evorott, Washington * ______________ 23 'S'X'Ca> 83 MT-PWHD-008993 10 2 3A 4Q A 6Q 7A 8Q 9 10 A II 12 Q 13 14 13 A 16 Q 17 A 18 19 0 20 21 A 22 Q 23 2-1 23 A And this was per the direction of the Bureau of Medicine and Surgery of the United States Navy? Yes. Did you complete thatsurvey? Yes, I did. Was that survey put down Yes. in writing? Was one of the things you were looking for exposure to asbestos? I have to assume that it was, because we looked at everything. Well, did you have a listing of items given to you by the Bureau of Medicine and Surgery that vou went to look for? No. Then how did you know what you were looking for? Well, we had been educated at Columbia to know what to look for. Asbestos was one of the things you learned about at Columbia? Yes. Was there any doubt in your mind that that survey that you did at Mare Island, that you surveyed ore and how asbestos was used? I don't remember specifically that I looked at the DEAN MOBUflG A ASSOCIATES Court Reporters - MA 24 2-31 10 - S*ottle and Evrttf Woshinqton * -- - PRODUCED JM - 83 MT-PWHD-008994 1 2Q 3 4A 5Q 6 7 8A 9Q 10 A 11 0 12 A 13 0 14 A n .Q 16 17 18 19 20 A 21 22 Q 23 2-4 23 A asbestos. Is there any feeling in your mind, as you sit here today, that you did not include asbestos in your survey? No. Do you recall making anv recommendations relative to how asbestos should be handled while you were at Mare Island? I don't recall. Were other respirable dusts included- in the survey? Yes . That included silica? Silica. Any other dustthat r you can recall? 4 No. Did youobserve, during your tour at Mare Island, during the time you were there after you were educated at Columbia University, that respirators were being used by various trades who worked with what you knew to be respirable dust producing items? My only clear recollection is that sandblasters wore full face air supplied respirators. Were there other trades who worked with items that could include respirable dust that may or may not have worn respirators at that point, do you recall? That is correct. * DEAN MOBURG & ASSOCIATES * Court Reporters - MA 2*31 10 * Seattle and Everett, Washington 25 PRODUCED Jm - g;> MT-PWHD-008995 10 2 3 4A 5Q 6A 7Q 8A 9 10 0 1I 12 A 13 Q 14 n 16 A 17 Q 18 A 19 20 21 0 ?_> 23 A 2^ 0 23 A Did you at the tine you spent at Hare Island have anything to do with observing industrial hygiene conditions in contract Naval shipyards? No. Do you understand what I mean by contractNaval shipyards? Yes . Would you explain it on the record? This is a private shipyard which does shipconstruction or repair other contract to the government. . Was there a civilian serving as industrial hygienist at that shipyard? No. Did you ever go aboard during your tour of duty at Mare Island at any time, U. S. Naval vessel while asbestos was either being installed or ripped out? I don't know. You don't remember? Well, I went aboard vessels, but not for the purpose of looking at asbestos. Whether asbestos was being ripped out or installed at the time I was there, I don't know. Do you have any recollection of ever visiting the asbestos workers' shop at Hare Island? No. Would that have been known as Shop 5ft then? I believe so. _ * DEAN MOBURG & ASSOCIATES * Court Reporter# - MA 23I 10 - Seoul# and Everett, Washington 26 produced jM-83 MT-PWHD-008996 1Q 2A 3Q 4A 5Q 6A 7Q HA 90 10 A 1I 0 17 A 13 0 nA n 16 Q 17 A 1H 0 19 A 20 21 22 Q 23 A 2h Q 2'> Where did you go after Hare Island? New York Naval Shipyard. Is that differentiated from the Brooklyn Naval Shipyard? It's the same. Same location, same place? Yes. If we interchange the name, is that Tha t's fine. allright with vou? At New York Naval Shipyard, whatcapacity did vouserve? Industrial hygiene officer. How long were you there? About six months. That would be until aboutwhen, from when to when? About, let's see, I think Ileft there about September, '43. You got there about March? . Yes. What were your duties there? Primarily looking for cross-connections in sewers and buying cigarettes for my boss and candy for his girl friend. Had he discovered girls? I don't know. That's a deadly combination, cigarettes and candy. Did you have any duties that touched upon survevs -- . * DEAN MOBURG 6 ASSOCIATES - Court Reporters MA 23I 10 - Seattle and Everett, Washington ____ __ MT-PWHD-008997 1 2A 3 4Q 5 6A 7Q 8 9 10 A 11 Q 12 13 A 14 Q 13 A 16 Q 17 18 19 20 A 21 Q 22 A 23 Q 24 A 23 Q for possible ship hazards? That was supnosed to be part of my job. As I say, I was stuck mostly with sanitation. Was there a particular problem at the shipyard with cross-connections with the sewers? They had had some. Were there any other industrial hygienists or industrial hygiene officers who were doing surveys of the shipyard when you were there to discover potential health hazards? Yes. Do you know if asbestos was one of the items that was surveyed? I don't know. You had nothing to do with that? No. Are you familiar with any problems concerning inhalation of asbestos fibers in any matter whatsoever coming to the attention of the industrial hygiene department of the New York Naval Shipyard while you were present? No. Where did you go after that tour? Pearl Harbor Naval Shipyard. From when to when? From about September, '43 to September, '45. What rank were you? _________ * DEAN MOBURG 6 ASSOCIATES - Court Reporters - MA 2*31 10 * Ssottls ond Evorvtt, Washington * ___ . MT-PWHD-008998 IA 2Q *A 40 5A 6 7 8 9 10 11 Q 12 A 13 Q 14 13 16 A 17 Q 18 19 20 j A 21 Q 22 23 A 2-4 23 Lieutenant. What was your title? Industrial hygiene officer. What were your duties? General hygienist. We did a lot of work in lead absorption. The Navy had gone back to using lead paint. We were concerned with color blindness in welders and electricians, because welding rods and the wires were color coded, obviously. Just the general field of indu s tria1 hygiene. Did you go aboard Naval vessels at any time? Yes. ' Did you go aboard Naval vessels at any time while you 4 were at Pearl Harbor Naval Shipyard and observe asbestos installation or rip out operations? I don't remember. Was a survey ever done of industrial health hazards while you were at Pearl Harbor Shipyard serving as the industrial hygiene officer? A complete survey was not done. Was it an updating of an older survey done while you were there? I think what went on, we would make individual inspections. It was not a coordinated shipyard-wide tvpe of thing at all. _. * DEAN MOBURG & ASSOCIATES Court Reporters - MA 2*31 10 Seattle and Everett, Washington e MT-PWHD-008999 1Q 2 3 4A 5Q 6 7 8A 9Q 10 11 12 13 A 14 0 13 16 17 18 A 19 Q 20 A 21 0 22 A 23 2-1 23 A Are you aware of any Bureau of Medicine and Surgery instructions which were mandated during the period 9-43 to 9-45 that a complete survey be done? No. Do you know if asbestos use was surveyed at any time while you were at the Pearl Harbor Naval Shipyard while you an industrial hygiene officer? No. By the way, the survey that vou said.that was done at Mare Island, pursuant to the instructions of the Bureau of Medicine and Surgery, was that a survev that was required by BUMED be done at all shipyards at that time? Yes . jr When you arrived at Pearl Harbor or at any time while you were at Pearl Harbor, did vou learn that a complete industrial hygiene survey had been done pursuant to the Bureau of Medicine and Surgery instructions? I did not learn that. Did you ever see one? No . Did you learn that in fact it was not done? Pardon? Did you learn in fact that a comolete industrial hygiene survey had not been done? No, I did not learn that. ___ DEAN MOBURG & ASSOCIATES - Court Roportors - MA 2-31 10 - Soottlo and Evorolt, Washington ---------------- 30 MT-PWHD-009000 I 2A 3Q 4 5A 6Q 7A 8Q 9 10 A 11 Q 12 13 A 14 0 nA 16 Q 17 A 18 Q 19 A 20 0 21 A 22 Q 2S A 24 Q 23 September, '45 a naval officer? Yes. In your work as industrial hygiene officer, did you report directly to Dr. Tell? Yes. Do you know where Dr. Tell is now? No. During the period you were at Pearl Harbor, was World War II still in progress? . Yes. And what was the mission of the Pearl Harbor Naval Shipyard, as you understood, during that time period? r Primary reoairing battle damage on shins. Was new construction done at all? No. Where did you go after Pearl Harbor? Naval Air Station, San Diego. In what capacity? Industrial hygiene officer. You were still anactive Navy officer? Yes. What rank were you? Lieutenant. How long did you serve at the Naval Air Station in San Diego? __________ * DEAN MOBURG & ASSOCIATES - Court Roportsrs UA 2-31 10 - Saottla and voratt, Washington ... 32 . MT-PWHD-009001 10 2 3A 4Q 5A 6 7Q 8A 9 10 Q 11 A 12 Q 13 A 14 Q n 16 A 17 18 Q 19 20 A 21 Q 22 A 23 24 Q 23 How manv other industrial hygiene officers were there at Pearl Harbor when you were present? Two. Do you remember the names? Rollin Byrd and I'm trying to remember the one I relieved, but I can't remember his name. Do you know where Hr. Byrd is now? Yes, Florida, Jacksonville or Pensacola,Florida. Jacksonville Naval Air Station, I believe. Is he stillworking? I believe so, I haven't heard from him for some time. Who was your immediate superior at Pearl Harbor? 9 Dr. Tell. Did he run the Medical Department at Pearl Harbor Naval Shipyard? No, he ran the industrial hygiene section, division, whatever it was. Did Dr. Tell report to the medical director of the Pearl Harbor Naval Shipyard? Yes. Do you remember who that person was? I can't remember his name, I'd have to get it off my old orders or something. Was the medical director of the Pearl Harbor Naval Shipyard from the period September, '43 to the period DEAN UOBURG 4 ASSOCIATES - Court Roportor* - MA 2-31 10 Soottlo ond Erorott, Waihinqton 31 MT-PWHD-009002 1A 20 3 4A 30 6 7A HQ 9A 10 11 12 0 * 13 A 14 0 13 16 17 18 A 19 20 Q 21 22 A 23 Q 24 23 A Oh, about two months, I guess, two to three months. What was the function of the Naval Air Station at San Diego as you understood it? Airplane overhaul and repair. Did you do any survey for industrial hazards at the San Diego Naval Air Station? No. What did you do for those two months? The laboratory had been sort of disseminated by the time I got there, because the war was over. And I was trying to get things operational, I was also awaiting discharge. Short timer? Short timer. i* Up until the time that you left Pearl Harbor Naval Shipyard, did you know, Mr. Bessmer, whether or not the Navy had a threshold limit value or maximum allowable concentration for asbestos? We used the MAC as put out by the American Conference of the American Governmental of Hygienists. When you say "we used", you mean the industrial hygiene officers? Yes. Was that used in accordance with the Navy rules or regulations? I don't believe there was a Navy regulation at that time.. DEAN MOBURG & ASSOCIATES - Court Raporttrs - MA 2-31 10 Saattla and Evaratt, Washington * ___________ 33 , MT-PWHD-009003 IQ 2 This was. something that you, as an officer of the United States Wavy serving in the capacity of industrial 3 4 5 6A hygienists, as an industrial hygiene officer, determined what would be proper to use, and that included MAC for asbes tos ? Yes . 7Q 8 Do you recall what the MAC for asbestos, that you as an industrial hygiene officer, serving in the rank of 9 . Ensign or Lieutenant of the United States Navy, used 10 at the Naval Shipyard? 11 A 12 Q No. Does five million particles per cubic foot refresh your 13 recollection? 14 A Sounds familiar. 13 Q Prior to leaving Pearl Harbor, had youhad anyoccasion 16 to take any dust counts while at that facility? 17 A No. 18 0 Do you know if dustcounts were in fact ever taken at 19 20 A Pearl Harbor Naval Shipyard while you were there? I don't know. 21 Q Were dust counts adutv that the industrialhygiene 22 officer was responsible for doing? 23 A Yes. 24 0 Would your testimony be thesame for the New York Naval 23 Shipyard? ________________ DEAN MOBURG 4 ASSOCIATES - Courl Raportsrs - MA 2-3110 - Ssottls and Cvarstl, Washington ____________ 34 MT-PWHD-009004 1A 2Q 3 4A 5Q 6A 7Q 8A 9Q 10 A II Q 12 13 A 14 0 nA 16 0 17 18 A 19 0 20 A 21 Q 22 A 23 0 24 A 23 Yes. Would your testimony be the sane for Mare Island Naval Shipyard? Yes. Did you do dust counts at Mare Island ever? My impression is we did, but I am not sure. Do you recall doing any at New York Naval Shipyard? No. You were busy in the sewers? ` Yes. Do you know if dust counts were ever done at the New York Naval Shipyard? ^ I don't know that, no. The question is only for the time period you were there. Yes. Were you in fact discharged from the United States Navy sometime early in 1946? Yes. And where did you next seekemployment? I went to Stanford for mvMasters Degree. Were you employed at all while you were at Stanford? Yes. What did you do? I taughtfreshmen chemistry laboratory at San Jose State College. ________________ DEAN MOBURG S ASSOCIATES - Court R*porter - MA 2-31 10 - Soon I and Evaratt, Washington *------------------- 35 MT-PWHD-009005 IQ 2 3A 4 5Q 6A 7Q 8A 9Q 10 A 11 Q 12 A 13 O 14 A 13 Q 16 A 17 1H 19 20 Q 21 A 22 0 23 A 24 Q 23 A When you received vour Masters, what was your first employment? I was assistant chief chemist for International Minerals & Chemical Corporation in San Jose, California. I'm sorry, what was your position? Assistant chief chemist. What was the company's name again? International Minerals & Chemical Corporation. Is that company still in business? ` Yes. Still the same name? I think so. This was in San Jose? * Yes. What were your duties? I was instructing bench chemists in analytical procedures. I was analyzing process samples. We were just setting up the factory, so it was mostly to get the factory running. How long were you in that occupation? Until July of 1947. And then where? Long Beach Naval Shipyard. How did you obtain that job at Long Beach Naval Shipyard? I filled out a Civil Service application. DEAN MOBURG & ASSOCIATES * Court Reporters - MA 2-31 10 - Soottlo and Evorotl, Washington 36 - MT-PWHD-009006 1Q 2A 40 4A 5Q 6A 70 8 9A 10 Q 11 A 12 Q 13 ! 14 A nQ 16 A 17 Q 18 19 20 21 A 22 Q 23 24 25 A And what job were you seeking? Industrial hygienist. And when were you given that job? July of 1947. How long did you serve at Long Beach Naval Shipyard? Until November, 1949. What happened in November, '49 to terminate that relation ship? The shipyard was ordered closed. And were you transferred someplace else? I came to Puget Sound Naval Shipyard. Did you come to Puget Sound Naval Shipyard as an industrial hvgienist? Yes. How long did vou serve in that capacity? Until 1970, I don't know the month. Any other employment outside of the United States Government serving as an industrial hygienist at the Puget Sound Naval Shipyard between 1949 and sometime in 1970? Would you repeat that? Did you have any other employment between 1949 and 1970 other than serving as an industrial hygienist at the Puget Sound Naval Shipyard? No. DEAN M08URC 4 ASSOCIATES - Court Rporl#r - MA 2-31 10 - Soatllo ond Evorott, Washington produced JM - S3 MT-PWHD-009007 rs \ ( r? i; q 2' 3 4A 5Q 6A 7q 8A 9 io i q 11 12 13 14 Q nA 16 17 q 18 A 19 i Q 20 I A 21 I O 22 i A 23 0 2-t A 2^ 0 Any other employment from the time period of July 1947 until November, '49 other than serving as an industrial hygienist for the Long Beach Naval Shipyard? No. Did you retire from the Government service in 1970? No. Where did you go after Puget Sound Naval Shipyard? . I stayed at Puget Sound Naval Shipyard, but I was changed from industrial hvgienist to supervisory health phvsicist. What does a supervisory health physicist do? This particular one was responsible for personnel dosimetry and the health physics operations for all non-neuclear operations involving radiation. What is personnel dosimetry? This is measuring radiation dosage received by a person working with radioactive materials. Did you serve in that capacity until you retired? Yes. When did you retire? June, 1972. Have you been employed at all since June of '72? Yes . In what caoacity? I was research associate for the University of Washington. What did that entail? ___ dean MOBURG & ASSOCIATES Court Reporters - MA 2-11 10 - Seattle and Everett, Washington 38 ---------- MT-PWHD-009008 1A 2 0. 3 A 4 30 6 7A 8Q A 9 10 Q 11 12 13 14 13 16 17 18 Q 19 20 A 21 Q 22 A 23 Q 24 23 We were writing criteria documents from the National Institute of Occupational Safety and Health. Otherwise known as NIOSH? Yes. And in what particular areas were you writing those criteria documents? Toxic irritating gasses. I can name them, if you wish. I assume that doesn't include asbestos? It does not. We don't want to know about that. MS. CAPLANE: You will find out about them soon enough. MR. FISH: Name them. THE WITNESS: Ammonia, chlorine, phosgene, fluorine, hydrogen fluoride and fluorides, which actually is a dust, I guess. MR. FISH: Thank you. (Bv Mr. Hoch) How long did you serve as research associate? About a year and a half. And then where? That's it. The golf course. Mr. Bessmer, let me bring your attention back to the courses at Columbia, specifically with reference to Dr. Gardner, did you learn any of his background while DEAN MOBURG & ASSOCIATES Court Rtportsts - UA 2-3110 - Ssattls and Evaratt, Washington 39 MT-PWHD-009009 1 2 5A 40 6 7A 8 9Q 10 11 A 12 Q 13 14 A nQ 16 17 18 A 19 Q 20 21 A 22 Q 23 24 A 23 Q you were there relative to his expertise which enabled him to teach that course? I don't remember. When you came to the Long Beach Naval Shipyard, did you replace another individual who held the position of industrial hygienist? I believe I did, but I don't know who he was or how long he'd been gone. There was none there when I arrived. Was there a functioning hygiene laboratory when you arrived there? No. Was there a physical setup that included equipment that an industrial hygienist needed when vou arrived? No. Do you know how long the Long Beach Naval Shipyard had been without an industrial hygienist prior to your taking that job? No. What were you told, if anything, to do as an industrial hygienist when you came aboard? I was toldnothing. Were you given any documents, rules, regulations that told you what you were supposed to do? No. How did you figure out what to do? ________________ DEAN MOBURG & ASSOCIATES Court Reporters - MA 2-31 10 - Seattle and Everett. Washington e 40 MT-PWHD-009010 1A 2 30 4A y 6Q 7A 8Q 9A 10 Q 11 A 12 Q 13 A 14 Q 13 16 A 17 18 Q 19 A 20 Q 21 A 22 0 23 A 2-1 Q 23 The basis of my own knowledge, I just went ahead, did what I thought was required. What was that? The first thing I wanted to do was get a laboratory and tools to work with. Did you proceed to do that? Yes. What kind of tools did you need? Microscope, sampling equipment. Did you order those? Yes. Did you get them right away? * No. How long did it take to get that equipment, if you ever got them? Well, it took quite a while to convince them I needed a laboratory first. Who did you have to convince? My boss. Who was that? Medical officer Ferris W. Thompson, Captain, U. S. N. Do you know if he's still around? I have no idea. What did Captain Thompson sav to vou if anything relative to your needs for laboratory and laboratory equipment? ______ __ e DEAN MOBURG 4 ASSOCIATES Court Reporters MA 2-31 10 - Seattle and Everett, Washington *-------------------- 41 MT-PWHD-009011 IA 20 3A 4Q 5A 6 7 8 90 10 11 A 12 Q 13 A 14 0 13 A 16 Q 17 18 A 19 0 20 A 21 j Q 22 A 23 O 24 A 23 I don't remember. If he ever say to you that you didn't need a laboratory? I don't believe so. What was the problem then inconvincing him? Well, he was a hard man to get to move. Anyway, we finally achieved an understanding. He spoke to the production officer. It was necessary to also obtain funding. ' Was that the reason for speaking to the production officer? Partly. What were the other reasons? The other reason was who was going to buy it. 4 Anything else, any other reasons? I can't think of any. Did you get all the equioment that you needed prior to your leaving Long Beach Naval Shipyard in November, '49? Yes. When were you operational? I wasn't. Never? No. Why not? First, I had to get some space for the laboratory. A space was assigned and the laboratory construction started. _ DEAN MOBURG S ASSOCIATES - Court Reporters - MA 2-3110 - Ssotlls ond Evarstt, Washmqton ---------------------------- 42 MT-PWHD-009012 I I 2 3 4 50 6 7 8 9 10 11 Q 12 13 A 14 Q 13 16 A 17 18 Q 19 A 20 21 22 23 Q 24 23 A About half way into the construction they decided they needed that space for some other purpose, and what had been started was ripped out and I was assigned another space, and we started over. About the time that the laboratory was constructed, I was calibrating instruments, setting up procedures, we got word that the shinvard was to be closed. The laboratory equipment and furniture and so on was given to San Francisco Naval Shipyard. Soeverything was ripped out again. These events took place over the approximately two years and four months that you were at that shipyard? * Yes. What is the need for an industrial hygienist to have a lab? In my opinion, you have to back up your findings and recommendations with scientific data. For whatpurpose? To insure that you're not making some recommendations that aren't needed and also to convince the people that, to whom you're making the recommendation, that controls are needed. Is the laboratory merely part of the industrial hygiene tools of the trade? Yes. _________ DEAN MOBURG S ASSOCIATES - Court Reporters MA 2-31 10 Soattla ond Evorott, Washington ____________ 43 PJJO(/Cf0 -8$ MT-PWHD-009013 iQ 2I 3A 4Q 3 6 7 8 9A 10 n 11 12 13 A 14 13 16 17 18 Q 19 A 20 Q 21 22 ' A 23 j Q 2-4 23 Can you Cake a dust sample without the necessary equip ment? No. Without the necessary equipment and the laboratory facilities to count, you couldn't tell whether or not exposure to an airborne dust was above or in fact even below standards that were set or enforceable at the time? That is correct. Hr. Bessmer, was dust counting equipment available at any time you were at Long Beach Naval Shipyard with reference to respirable dusts? * I believe they had an old Bausch and Lomb, which is an optical company. I believe they had one of those sitting around there which was in bad condition and had been pretty well proved as an accurate dust counting instrument. Did you use it? I tried to. Did you have an opinion as to its value as a necessary tool to you? I don't think it's worth anything. Was the equipment you needed, in terms of equipment to do dust counts, available at the marketplace, to the best of your knowledge, during the time period you served as _ DEAN MOBURG 4 ASSOCIATES - Court Rsporlarm - MA 2-31 10 - Saattlo and Evaratl, Washington ________________ MT-PWHD-009014 I 2 3 4 3 6 7 8 9 10 11 12 13 14 Q 13 16 A 17 18 Q 19 20 21 22 Q 23 24 23 A industrial hygienist at the Long Beach Naval Shipyard? MS. CAPLANE: What do vou mean marketplace? MR. HOCH: Those who sell that tvpe of equipmen t. THE WITNESS: May I hear the question please? THE REPORTER: "Was the equipment you needed, in terms of equipment to do dust counts, available on the marketplace, to the best of your knowledge, during the time period you served as industrial hygienist at the Long Beach Naval Shipyard?" MS. CAPLANE: Are vou asking whether it had been invented yet? MR. HOCH: Yes. , 4 (By Mr. Hoch) Was it available for purchase, or did vou have to wait for somebody to invent it? The state of the arc, at that time, the equipment was available. Let's take a five minute break. ('.'/hereupon the morning recess was had.) Let's go back on the record. Mr. Bessmer, what type of equipment for doing dust counts did you want for the industrial hygiene laboratory at the Long Beach Naval Shipyard? Microscope, Greenburg, Smith Impingers and Midget Impinger:; DEAN MOBUHG 6 ASSOCIATES Court R*portor - MA 2-3110 - Soottlo and Evorott. Woohinoton --------------------------------------------- 45 MT-PWHD-009015 I 2 3Q 4A 5Q 6A 7Q 8A 9 10 Q 11 A 12 Q 13 14 A 13 16 17 1H . 19 20 21 22 23 Q 24 A 23 Q Also plus a source of vacuum for sampling probably an M.S.A. handcrank suction apparatus. Is M.S.A. a brand name? Mine Safety Appliance. Is that equipment that you in fact obtained? Yes, also a micro-projector. What's the function of a micro-projector? So you don't go blind looking through a microscope, that projects on a screen a larger image. Did you get that too? Yes. Would you explain the use of the Greenburg, Smith r Impingers ? You attach a source of suction to the outlet. The source of suction must be calibrated so you know the air flow. You place, say, 50 milliliters of sampling solution in the impinger, take it to the area where you are sampling and crank away. Air, as it comes in, impinges against the glass plate, which is suppose to arrest the particles and let the air pass on through. And you take the sampling solution with the trapped particles and count that. You count them by putting it on the microscope? Yes. Physically counting particles? * DEAN MOBURG 4 ASSOCIATES - Court Reporter* - MA 2-31 10 Soottlo and Evaratt, Washington * Afi .. MT-PWHD-009016 IA 2Q 3 4A 5Q 6 7A RQ 9A 10 Q 11 12 13 14 A 13 .Q 16 A 17 Q 18 A 19 Q 20 21 22 A 23 0 2-1 A 23 Q Right. Would that equipment, the impingers and microscope, be used for dust counts relative to asbestos? Yes. Did you explain the need for allthis equipment to Dr. Thompson? Yes, I assume I did. You had to justify your purchases? Yes. . Now when you arrived at the Long Beach Naval Shipyard, did you review any documents, anv material, memorandums, surveys, etc., left by the industrial hygienist who proceeded you? * I can't recall any. Do you recall that there were none there? No, I can't recall that. You don't know one wav or the other, is that correct? Yes, that is correct. Did you at any time, during your tenure at Long Beach Naval Shipyard, do a complete survey of industrial health, potential hazards at that shipyard? No. \ Do you know if one existed upon your arrival? I don't know that. Was a complete survey required during your tenure at . . * DEAN MOBURG ASSOCIATES * Court Reporter* - MA 2-31 10 - Ssottls and Evoratt, Washington _____________ 47 MT-PWHD-009017 I 2 3A 40 5A 6Q 7A 8 9 10 Q 11 A 12 Q 13 A 14 0 13 A 16 Q 17 A 18 Q 19 20 21 A 22 0 23 2-4 A 23 0 Long Beach Naval Shipyard by whatever rules and regulations you were operating under? No. What kind of survey did you do? I did an inspection tour through the various shops. For what purpose? Just to familiarize myself with the operations going on in the shipyard, and to look for places to do evaluations, if I ever got in business. Did you go to the asbestos workers shop? Yes. Was that known as Shop 56? Yes . Did you inspect the procedures that they were using? Yes. For what purpose? Again, familiarization. Was asbestos one of the materials that you believed, during that period, needed monitoring as to a potential health hazard? Yes . Did you take any air samples or dust samples within the \ asbestos shop at any time? No. Did you ever take any air samples of asbestos operations _ DEAN MOBURG 6 ASSOCIATES * Court Roportora - MA 2*31 10 Soottlo and Evaratt, Washington * 48 - - -. MT-PWHD-009018 1 2 3A 4Q 3 6A 70 8 9 10 A 11 Q 12 A 13 Q 14 A 13 Q 16 A 17 Q 18 19 20 A 21 Q 21 23 2-1 23 A in progress on board U. S. Navy vessels at Long Beach Naval Shipyard? No. Do you know if anyone ever did during your tenure take those type of samples of asbestos? No . Did you have any discussions with anyone at Long Beach Naval Shipyard who purported to be the head or supervisor of Shop 56? I don't recall. Do you remember Web Ay? No. Never met him? - No. The name rings no bell? No. Did you ever go aboard a U. S. Naval vessel while at Long Beach Naval Shipyard and observe asbestos insulation proceeding or rip-out in progress? I can't recall. Do you know if, during your tenure at Long Beach Naval Shipyard, individuals who worked in and around asbestos were considered to be in a heazardous occupation bv the United States Navy? Yes. _ DEAN MOBURG 4 ASSOCIATES - Court Roportoro - MA 2-31 10 - Soattlo ond Evorott, Wotihinplon _________________ 49 MT-PWHD-009019 1Q 2A 3Q 4 5A 6 7 8 9Q 10 A 11 Q I2 13 A 14 Q 13 16 17 18 A 19 Q 20 21 22 A 23 Q 2-t 23 A Were they considered to be in a hazardous occupation? Yes. Do you know if that was codified anyplace in the rules, regulations or requirements? I believe we had a listing of occupations requiring periodic physical examinations. Now whether this is in the regulation or in the NCPI as it was later, I don't recall at that time. The NCPI was the Naval civilian personnal instruction? Yes. You believe it either existed in that volume of material or in some other rule or regulation authored bv the Navy? Yes. During the time period you were the industrial hygienist at the Long Beach Naval Shipyard, what was the requirement for physical examinations for individuals who worked in and around asbestos? I believe it was an annual chest x-ray. Do you know if during your time period at Long Beach annual chest x-rays were given to individuals working in and around asbestos? No, I do not know that. Who would be responsible for seeing to that those examinations were done? The senior medical officer. DEAN MOBURG 4 ASSOCIATES Court Raportara - MA 2-31 10 - Soottlo and Evaran, Wamhinglon a ---------------------------------------------------- 50 PRODUCED - 83 MT-PWH D-009020 10 2A 3Q 4 5A 6 7Q 8 9 10 11 A 12 13 Q 14 IS 16 17 1H 19 A 21 Q 21 2. 2! Would that; be Dr. Thompson? Yes. He was the senior medical officer during the entire time you were at Long Beach Naval Shipyard? No, he was during most of it, because the commander came later, and I can't recall his name. Were you required, as industrial hygienist, to take air samples of freeborne asbestos fibers based upon the fact that the Navy considered asbestos work to be a hazardous occupation? I'd like a little clarification on your question, if I might. Sure, I'll rephrase the question. The Navy had a listing, as you testified, that people who worked in and around asbestos containing thermal insulation, probably were in a hazardous occupa tion as such, had to have annual physical examinations and x-rays, correct? Yes. Because they were considered to be in a hazardous occupa tion, was that in any way tied to your requirement to air samples for freeborne asbestos fibers? MS. CAPLANE: I object to the question. It assumes a fact not in evidence. There is no foundation. You may answer. _______________ * DEAN MOEU'RG & ASSOCIATES Court Reporters - MA 2-31 10 Soottlo and Evorslt, Washington --------------------- MT-PWHD-009021 ii 1 2 3 4 5 6A 7Q 8 9 10 A 11 0 12 A 13 0 14 A 13 16 17 18 19 20 j i 21 | 22 1 Q I 23 2h 23 THE WITNESS: There was no formal requirement. In my own mind it was a requirement. (By Mr. Hoch) Was:there a formal requirement that you recall that mandated you take air samples of asbestos on a periodic basis? No. . As the industrial hygienist at the Long Beach Naval Shipyard, did you feel it was part of your responsibility to take air samples of freeborne asbestos fibers? Yes . Why was that? Pardon? Why was it, in your mind, part of your duty? Because it was hazardous material, and as such, I felt I should evaluate it. It was hazardous material insofar as it was recognized as such bv the American Conference of Governmental Industrial Hygienists? I can't speak for them, but the maximum allowable concentration that we called them was published, so I assume that it was a hazardous material on that basis. What were the hazards that you understand existed during the time period you served at the Long Beach Naval Shipyard with relation to asbestos? I was aware asbestos could cause a condition called . * DEAN MOBURG 4 ASSOCIATES - Court Reporter* - MA 2-3110 Soattlo and Evorotl, Washington * 52 . ' 'v ;>?%- i. / . /% MT-PWHD-009022 1 2 3 4 5Q 6 7A 8Q 9 10 11 A I2 0 13 14 nA 16 17 18 0 19j A 20 Q 21 22 23 A 24 0 23 A asbestosis, which, to my knowledge, was similar in most respects to silicosis, in that it was relatively benign that it took a period of time to develop; and it would cause such things as shortness of breath. What was your understanding as to what part of the body asbestosis affected? The lungs . What was your understanding relative to the causal relationship between exposure to asbestos and the disease of asbestosis? Can you go over that again? What was your understanding concerning how much asbestos would have to be inhaled, where, how and why to develop a disease known as asbestosis? Exposure would have to exceed the maximum allowable concentration as published by ACGIH for a considerable period of time. Is the exposure something that emanates at the work place? It would emanate from wherever asbestos dust occurred. At the Long Beach Naval Shipyard, would that be in various areas that used asbestos or functions near the use of asbestos ? Yes. That would be in various shops and aboard Naval vessels? Yes. DEAN MOBl'RG S ASSOCIATES Court Reporters - MA 2-31 10 - Seattle and Everett, Washington e 53 CEo J 83 MT-PWHD-009023 1Q 2 3 4A 5Q 6A 7 8 9Q 10 11 12 13 14 Q 13 16 17 18 A 19 20 21 22 23 2-t 23 Would exposure then be controllable by the use of different methods of handling the asbestos at the work site? Partially. Would you explain your answer? Yes. Different handling methods of handlingis one method of control, but in the case of asbestos, I believe it would also require ventilation or respiratory protection. Ventilation, respiratory protection wouldalso be some thing that had to emanate from the work environment? MS. CAPLANE: I object to that question being vague and confusing and ambiguous. I don't understand what you mean by emanate. (By Mr. Hoch) Who would set up ventilation and allow use or mandate use of respirators at the Long Beach Naval Shipyard, and again, with reference to dealing with asbes tos ? I imagine the production would be one. MS. CAPLANE: Do you know this for a fact, or are you just guessing at it? THE WITNESS: If any ventilation were installed, it would have to be on the approval of the production office. MS. HOCH: Was it, in your understanding, during your tenure at the United States Navy, that the * DEAN MOBURG 4 ASSOCIATES - Court Roportort - MA 2-3110 - Sooltlo ond Evorott, Washington ---------------------------------------------------- 54 MT-PWHD-009024 I Navy was responsible for setting up the procedures for 2 handling asbestos in other installation or rip-out? 3 MS. CAPLANE: I object to that question as 4 being vague and ambiguous and confusing, particularly 3 as to the word handling. 6 You may answer the question. 7 THE WITNESS: Well, I have the same opinion, 8 because - Can I ask a question? 9 MR. HOCH: Sure, if you need clarification on 10 something. 11 MS. CAPLANE: No, ask me first. 12 Let's go off the record for a second. r | 13 (Whereupon an off-the-record discussion was had.) 14 13 Back on the record. Mr. Bessmer has a high 16 frequency hearing loss, and if there are several voices 17 speaking at once, he's not going to be able to distinguish 18 a single one. 19 MR. HOCH: Did you have a comment to make 20 relative to the question? 21 MS. CAPLANE: Yes, I think it's confusing in 22 the terms of the word "handling", whether you mean 23 handling in terms of safety precautions or handling in 24 terms of "this is the procedure you use to insulate 23 X piece of equipment"? __ DEAN MOBURG 4 ASSOCIATES - Court Roportora - MA 2-11 10 - Saatlla and Eortt, Washington ---------------------------- 55 PRODUCED JM - 83 MT-PWHD-009025 ) rv- r?> 10 11 I 12 Ii 14 l1' 16 17 IH Q 19 ,I 20 j A I V 21 Q 22 2*; 2^ 2> MR. HOCH: Okay, let's take both then. (By Mr. Hoch) What was your understanding as to who was responsible for the methods in which asbestos containing thermal insulation;products was installed in Navy vessels? I think most procedures came from the Bureau of Ships, I think it was called in those days. They changed the name so much. Who would be responsible, to your understanding, for the process known as rip-out involving asbestos containing the thermal insulation products? MS. CAPLANE; You say responsible, vou don't mean in terms of performing it? 4 MR. HOCH: Responsible for issuing guidelines, rules, regulations as to how it would be done. THE WITNESS: I don't know, this would be from my own knowledge, but most probably, the Bureau of Ships. (By Mr. Hoch) That's your best recollection as to who would be responsible? Yes. Who would be responsible, Mr. Bessmer, for setting up rules, regulations, guidelines relative to safety and proper methods to avoid occupational disease of handling asbestos products at the Long Beach Naval Shipyard during your tenure as industrial hygienist? DEAN MOBURG 6 ASSOCIATES - Court Reporters - MA 2*3! 10 - Soottlo and Evorott, Washington * 56 FiiOyllCs'tP ? 83 MT-PWHD-009026 1A 2 3Q 4 5A 60 7A 8 9 10 11 12 13 Q 14 n 16 17 18 19 A 20 21 22 2S 2^ 2*) I don't believe that responsibility was ever clearly defined. To the best of your understanding, in what departments did the responsibility fall to? For rules and regulations? Correct, regarding the safety. Yes. I have to answer that in this manner: That in my experience I would often write a proposed rule or regulation for the local activity where I was located, if approved by everybody and his uncle, shipyard commander would sign it and it would become part of the shipyard's group of instructions. Relative to the handling of asbestos thermal insulation products in either the installation process or the rip-out process, was it to your understanding the responsibility of the United States Navy to see to it that it was done so as to avoid occupational injury to a worker at the United States Navy Shipyards? To the best of my understanding, that would be correct. MR. JUDY: Would you ask that same question with respect to Naval activities in general? MR. HOCH: Would you like to pose the question? MR. JUDY: Mr. Bessmer, to your understanding, was it the responsibility of the United States Navy to promulgate and enforce the rules and regulations at DEAN MOBURG 4 ASSOCIATES - Court Reporters - MA 2-3110 - Seottle and Everett, Washington e 57 . !wk'77' '* :.v!> MT-PWHD-009027 - 1 2 3 4 3 6 I 7Q 8 9 10 1I 12 A 13 Q 14 nA 16 Q 17 18 A 19 Q 20 21 22 A 23 Q 2^ 23 --; the Naval facility and activities in general to be sure | j that asbestos insulation and rip-out was conducted in a manner to avoid the incident of occupational injury or disease to government workers? THE WITNESS: Yes. HR. JUDY: Thank you. . (By Hr. Hoch) Who had the responsibilitv, Hr. Bessmer, at the Long Beach Naval Shipvard for enforcement of any rule or regulation concerning the safe handling of asbestos material either in installation or rip-out of same ? I'd say the production department. , Would that be a department within the United States i Navy at the Long Beach Naval Shipyard? Yes. Would it be any particular individual or title within that department? The top man would be the production officer. It is your understanding that the production officer would be the individual responsible, that he might delegate the responsibility to another? Yes. Do you know in fact that that was done in terms of enforcement of any rule or regulation concerning the safe handling of asbestos material at the Long Beach * DEAN MORt'RG & ASSOCIATES Court Reporter* * MA 2-3110 - Soottlo and Evarott, Washington * 58 PRODUCED JM-83 MT-PWH D-009028 1 2A 3Q 4 5A 6Q 7 8A 9Q 10 A 11 Q 12 A 13 0 14 13 16 A 17 Q 18 19 20 21 22 A 23 Q 2-i 23 A Naval Shipyard? I have no knowledge on that. Do you have any knowledge who would be the person that we would turn to to get that information? I'd say the Shop 56 supervisors. Do you recall who was in charge of safety when you were present at the Long Beach Naval Shipyard? I believe his name was Frank Cannon. Do you know if he is still around, I do not know. Did he have the position of safety supervisor? Yes. Did you have any discussions with him at any time while you were at the Long Beach Naval Shipyard relative to asbestos? I don't recall any. Did you have any understanding that his department had any duties or responsibilities relative to safe handling of asbestos containing thermal insulation products so as to avoid any occupational injuries or diseases to the workers? I don't know. Was there in fact a safety manual in existence when you were at the Long Beach Naval Shipyard for that shipyard? I don't recall. _ * DEAN MOBURG & ASSOCIATES - Court Reporters MA 2*31 10 - Soottlo and Evoratt, Washington _____________ 59 MT-PWHD-009029 10 2 3A 40 5A 6 7Q 8' 9A 10 Q 1I 12 13 A 14 Q 13 16 A 17 0 18 A 19 0 20 21 A 22 Q 23 29 23 A Did you ever draft any rule, regulation or instruction for that shipyard? No. You did not or you do not recall? I'm saying that I did not, I don't recall any. Okay, I don't recall, I'll put it that way. Who was the shipyard commander during the time you were at the Shipyard? I don't recall. Do you recall who was in charge of the Bureau of Medicine and Surgery while you were the active industrial hygienist at the Long Beach Naval Shipyard? w No. What was the function, as you understand it, of the Long Beach Naval Shipyard during your tenure? Ship overhaul and repair. United States Naval vessels? Yes. Approximately how manypeople did the Long Beach Naval Shipyard employ during theperiod you were there? I don't recall. Is there any doubt in your mind that asbestos containing thermal insulation products were in fact used at that 1 | shipyard during your tenure? No. _______________ DEAN MOBUBC & ASSOCIATES - Court Ropotlors - MA 2-31 10 - Soattlo and Evsr.tt, Washington ____________ 60 PRODUCED JM - 83 MT-PWHD-009030 V*.' o- ! ! Q 2 3o 4 5 i 61 A i Q 8A 9j Q io! n| i 12 ' 13 1 A I4 : o nj 16 17 18 | A 19 j Q 20* 21 22 A 23 Q 2^ , i 23! A Are you pretty sure that they were? Yes . Do you know if, during asbestos insulation or rip-out aboard Naval vessels at that facility, if any ventilation systems were used? No. You don't know? I don't know. During that time period was ventilation a recommended industrial hygiene practice to keep dust levels low in operations that caused respirable dust to be found in the air? Yes. Do you know whether or not individuals working in and around asbestos wore respirators during asbestor installa tion or rip-out operations at the Long Beach Naval Shipyard? No. Was wearing of the respirator at the time you were at Long Beach Naval Shipyard the recommended method of preventing inhalation of respirable dust? Yes. Were respirators available at the Long Beach Naval Shipyard for which trades may have needed them? Yes. _ * DEAN MOBURG & ASSOCIATES * Court Roportors - MA 2-31 10 - Soattlo ond Evorott, Washington * _____________ 61 MT-PWHD-009031 IQ 2A 3Q 4 5 6A 7Q 8 9A 10 Q 11 12 13 14 A 13 Q 16 17 18 A 19 Q 20 21 22 23 24 23 Where would they go to get them? The Shop 06 tool rooms. Would the respirators that would be available, be respirators that would be approved by some agency of the United States Government? Approved by the Bureau of Mines. Under what department of the Federal Government do we find the Bureau of Mines? I don't know. Do you have a recollection, Mr. Bessmer, let's start with your tenure at the Long Beach Naval Shipyard, that there were respirators approved by the Breau of Mines for asbestos dust? Yes. Do you have any knowledge as such respirators had been approved during any of your tine spent at the Naval Shipyard's activities as you've testified to? Would you repeat that? Since you became actively involved as an industrial hygiene officer for the United States Navy, which would have included Mare Island, Pearl Harbor, New York Naval Shipyard, the Naval Air Station at San Diego, during those time Deriods, were there in fact respirators approved by the Bureau of Mines for asbestos dust? MS. CAPLANE: As far as his knowledge goes? DEAN MOBUBG S ASSOCIATES - Court Rsportars MA 20110 - Soottlo and Evorolt, Washington 62 PRODUCED JM -83 MT-PWHD-009032 i 1 11I 2i 3 4 3 6 7 8 9 10 11 12 13 'N 13 16 17 Q IH 19 20 21 A 22 23 Q 24 MR. HOCH: Absolutely. THE WITNESS: I don't know. MR. FISH: When was it that you first heard or learned that the Bureau of Mines had approved respirators specifically for inhalation of asbestos dust? , THE WITNESS: I don't know. MR. FISH: It was before you got to Long Beach, though, wasn't it? . THE WITNESS: I don't know. MR. FISH: You can't place in your mind today having become aware that the Bureau of Mines approved respirators working in and around asbestos dust before you got to Long Beach? THE WITNESS: I cannot. MR. FISH: All right. Thank you. (By Mr. Hoch) Is it your testimony, Mr. Bessmer, while you were at Long Beach, that you were aware the Bureau of Mines had approved respirators for use in protecting workers from asbestos dust? I'm going to have to change that. I don't think I can say specifically. Is it your understanding that the United States Navy could only purchase for use at its facilities respirators approved by the Bureau of Mines? DEAN UOBURG 4 ASSOCIATES - Court Hoportoro - UA 2-3110 - Sooltlo and Evorott, Washington -------------------------- 63 MT-PWHD-009033 1A 2Q 3 4 5A 6 7 8Q 9 10 A 11 12 0 13 14 13 A 16 Q 17 18 19 20 A 21 Q 22 23 24 23 A Yes . So if Che Bureau of Mines approved of a respirator for use with asbestos dust, that would be the one that you would find available at a Navy facility? Yes. MS. CAPLANE: I object to that question on the grounds that it calls for speculation. (By Mr. Hoch) Who purchased respirators at Long Beach Naval Shipyard? It was standard procedure for Shop 06, which was a protective gear. Did you ever see anybody working with or near asbestos containing thermal Insulation products when you were at Long Beach Naval Shipyard, wear respirators? No. Did you ever make a recommendation to anyone at the Long Beach Naval Shipyard, during your tenure there to wear a respirator when working with asbestos containing thermal insulation products? No. Did anybody ever tell you that the workers working with or around asbestos containing insulation products had been told to wear a respirator while working with those products ? No. DEAN MOBURG 4 ASSOCIATES Court R.port.n MA 2-3110 - Soottlo and Evorott, Washington 64 PRODUCED JM - 83 MT-PWHD-009034 ,, r> i 2! A I i| Q i , 41 A I. 5| | 6; 7! Q 8 I!I *1 i 101 A l Q i ,2j A t IS | Q I4j n! 61 A 17 Q IK A 19 Q 20 A 21 Q 22 A 2\ : 24 ! 25 j 0 Are you familiar with the term wet-down? Yes. Would you describe what that'means? It means you're working with a dust producing material to spray it with water so it prevents dust from flying around. Was that during the time you served at Long Beach Naval Shipyard and the accepted industrial hvgiene method to keep dust particles down to keep them out of the air? For some procedures, yes. Would that include handling of asbestos? j Yes. m Do you know if wet-down procedures were used at Long 4 Beach Naval Shipyard while you were an industrial hvgienisjt there? I know of none. Did you ever recommend that they be used? No. Any reason? Because I had not had a chance to evaluate anything. You were setting up the lab, getting the equipment? Yes. MS. CAPLANE: He had other responsibilities besides just setting up the lab and ordering equipment. (By Mr. Hoch) What other responsibilities did you have? _ DEAN MOBURC 4 ASSOCIATES - Court Roportoro MA 2*3110 - Soattlo and Evorott, Washington _______ ___ 1 65 ffokyego JM - g$ MT-PWHD-009035 IA 2 3 4 5Q 6 7A HQ 9A 10 Q 11 A 12 Q 15 14 15 16 A 17 Q 1H 19 20 A 21 0 22 23 2^ 25 Well, I was sent to radiological defense school at Treasure Island. When I came back, I was required to give lectures on radiological defense to all supervisory personnel. You were physically absent from the shipyard for a oeriod of time? Yes. How long? Six weeks. Did anyone take your job on a temporary basis? No. I'm sorry, I may have asked you this question: Do you know whether or not wet-down procedures were in fact done with respect to asbestos when you were at the Long Beach Naval Shipyard? I didn't hear all of that. Do you know,during yourtenure at Long Beach Naval Shipyard, if wet-down procedures were being used relative to asbestos? No, I do not know that. Was it an accepted method of industrial hygiene practice, during your tenure at the Long Beach Naval Shipyard, that handling materials which could produce respirable dust, to use good housekeeping methods so as not to cause the dust to come into the air? ! s __________ * DEAN MOBURG 4 ASSOCIATES * Court Roportors MA 2-3110 - Soottlo and Evorott, Washington * _. ... 66 PRODUCED JM -83 MT-PWHD-009036 And would that be applicable to asbestos? Yes. Do you know what kind of housekeeping methods were used by working in and around asbestos? No. Was that something that you didn't get a chance to look into? Yes. I'm saying I didn't observe any housekeeping practices. Did you ever make any recommendation to anyone at the Long Beach Naval Shipyard relative to the housekeeping methods that should be used during the handling of asbestos at any station in its use at the shipyard? I don't recall any. What was being done at Long Beach Naval Shipyard during your tenure to educate the workers of the potential hazards of freeborne asbestos particles? MS. CAPLANE: Objection, that calls for speculation on the part of the witness. He just said in general what he knew of is different than what, I mean, things would be going on with the supervisors and he would have never known about that. (By Mr. Hoch) To your knowledge what was being done relative to educating workers at Long Beach Naval Shipyard of the potential hazards concerning asbestos? _ DEAN MOBURC S ASSOCIATES - Court Raportors - UA 2-3110 - Soottlo and Evarstt, Washington ____ _____ 67 MT-PWHD-009037 r* /v ' -( 1! A 2Q 3 4 i 5j 6! A 9; Q 101 11 : i 12 : A 13| Q 14 n! A 161 Q I 17 j A i 1H j Q 19 j A 20 I Q 21 j 22 | A 25 j Q 2-4 ! A i 25 1 ! 1___ I didn't know of anything. Did anyone ever tell you or did vou learn from any other source whatsoever that any worker education was proceeding to explain or teach to the workers the potential hazards associated with asbestos? No. Did you make any recommendations along those lines? , No . Did you make any recommendations concerning educating j workers for the need to use respirators when handling asbestos in any stage of its use? j No. r Did you have anyone else on your staff during your | . tenure at the Long Beach Naval Shipyard? . j I eventually obtained one clerk-typist. When was that? j j After my laboratory was constructed. This was before the second demise of the lab? Yes. Did you create.a library of resources for the industrial hygiene department? No. Is that something you wanted to do but couldn't? Well, it was something I did do at Puget Sound, so obviously, I wanted to do it, but I had no opportunity 1 | DEAN MOBURG 4 ASSOCIATES - Court Raportara - UA 2-31 10 - Saoltla and Evaratt, Washington * _____ ____ _J 68 PRODUCED JM -83 MT-PWHD-009038 I 2Q 5A 4Q } 6 7A 8Q 9A 10 11 12 Q 1J A 14 n0 16 A 17 18 Q 19 A 20 21 22 Q 2\ 24 2^ A to do it there. You had no opportunity at Long Beach? No. Did you set up any goals in terns of the industrial hygiene program that you wanted to have operating at the Long Beach Naval Shipyard? Yes. What were those goals? ' First and foremost, obviously, to get the laboratory in shape and then to go around and evaluate all the processes that I felt needed evaluation. Anything else after that? After evaluation, I would make such recommendations I felt were required to control. At the time you left, did you have the lab set up? At the time I left the laboratory was not in existence. Again, it had been sent to San Francisco. Within a few months before vou left? The laboratory existed and the equipment was there, but the procedures had not been set up, equipment had not been calibrated. How far did you get on the second goal of evaluating various processes going on at the Long Beach Naval Shipyard that needed your attention? I didn't get started. --------------- -------- * DEAN MOBURG & ASSOCIATES * Court Reporters - MA 23110 - Saottla and Evaratt, Washington # 69 " MT-PWHD-009039 1Q 2 3 4A 3Q 6 7A 8Q 9 10 II A 12 13 Q 14 nA 16 17 18 19 20 Q 21 A 22 Q 23 UA 23 0 At the Long Beach Naval Shipyard, did your position have any authority to order various safety procedures to be put into effect? No. Did you have any authority to order various industrial hygiene procedures to be put into effect? No. How would yougo about requiringthe necessary authority to see to it that industrial hygiene and/or safety procedures would be put into effect? Normally, I write the letter for a formal medical signature to the department head involved. What would be the chain of command from there as you understand it? If themedicalofficer accepted the letter and signed it and sent it to, say, the production officer, it would be up to the production officer to accept it or decline it. If he accepted the recommendations, he would give it to the shop head involved to carry out. When the shipyard closed down, you came to Puget Sound? Yes . Was there an operational hygiene program at Puget Sound when you arrived? Yes. Do you know who the prior industrial hygienist was? a DEAN MOBURG S ASSOCIATES - Court Raportars - MA 2-31 10 - Saattla and Evaratt, Washington 70 , PRODUCED JM - 83 MT-PWH D-009040 iI A 2| Q i a 5! 6 I 7i i 8 9 10 j | 11 0 12 ! I ,J! i M! A Q 16 ! A I 17 j 18 I {I 19: q 20 i 21 ' A i 22 | Q 23 j A 21 ! 25 I Bob Gade, he was he a Naval officer. Do you know if he's still around? I think he's still alive but I don't know where he is. What did you do when you first came to Puget Sound with regard to your duties as an industrial hygienist? Well, Mr. Gade, or Commander Gade instructed what procedures he was using, and I took over what he was doing, which consisted mostly of basophilic aggragation tests on welders for lead absorotion-, urinary arsenics on galvanizers. Was there any program in effect upon your arrival at Puget Sound Naval Shipyard with reference to respirable dusts? Yes . What was the program? Annual chest x-ravs were being done, ventilation had been provided for asbestos workers in the shop and samples had been taken of asbestos dust. Are these things you learned that had gone on prior to your leaving? Yes . They were going on at your arrival? The physical examinations were, evaluation of the air samples had taken place before and were not being done at that time. 4 A er _ * DEAN MOBURG & ASSOCIATES - Court Roportori - UA 2-31 10 - Soottlo and Evorott, Washington * 71 _ MT-PWHD-009041 1 2| j 3A 4Q 5A 6Q 7 9A 10 | o ni A ' 13 | A i > 14 ! Q 13 | - 16 ; A i 17 ! i 1H ,i 19 ; 0 20 21: a 22| Q 23* A 2-.; Q A L. When was the last dust sample that you learned of relative to asbestos that was taken before your arrival? I don't remember the stats of the samples. Would it have been within a few weeks? No, probably a year or two. Was ventilation being provided for asbestos workers at. the shon when vou arrived at the Puget Sound Naval Shipyard? Yes. They were pieces of equipment affixed in the shop? i 1 j Yes. Do you know how long they had been in the shop? r Several years, I don't know the exact number. You obtained the knowledge concerning ventilation and the asbestos counts by what method? I was taken around to the various shops by Commander !4 i i j i j ! Gade, I observed the ventilation. The results of the air samples were in the files. There was material left for you by Commander Gade relative to his activities? Yes. Was there a section in his files for asbestos? Yes. What year are we talking about when you took over? I took over November, '49, probably 1951 would be a good _ DEAN MOBURG 4 ASSOCIATES - Court Roportors - MA 2-31 10 - Soottlo and Evorotl, Washington l 72 PRODUCED JM -83 MT-PWHD-009042 2] Q 3 4! Ii 5! I 6l 7I A i 8! Q 9j I 10 11 A 12!1 Q i} : I 14 1 n;1 A i 16 I Q 17 I 18 I 19 ! A 20 | Q 21 : 22 1j 23 ! A 2-.' Q 23 i number. And at the time that you took over as the industrial hygienist at the Puget Sound Naval Shipyard, did the ' ! j ! Navy still consider people who worked in and around asbestos containing thermal insulation products to be in a hazardous occupation? Yes . And as an industrial hygienist for the United States Navy, did you still consider asbestos to be a potentially j hazardous material? Yes. And did you have in mind the same threshold limit values or maximum allowable concentrations that you wanted to see enforced that came from the ACGIH? Yes. j Do you know if the Navy had at that time, and that would j be around 1950, promulgated rules and regulations relative to the TLV asbestos? I don't remember when they officially adopted those. Did you learn from Commander Gade how long chest x-rays had been given to people working in and around asbestos at the Puget Sound Naval Shipyard? No. | Was that a program that you investigated upon your arrival? j ! ! _ DEAN MOBURG & ASSOCIATES Court Rsportsrs UA 2*3110 - Soattls and Evorstt, Washington 73 ..... . ___ _ MT-PWHD-009043 I Ii A 2Q 3 4A 5| Q i 6! i 7: 8A 9 ;t 0 1 I A 1I | 0 it A 13 Q 14 A n 16 17 18 19 20 Q 21 22 A 23 0 24 23 Yes . From your investigation, did you learn how far back x-rays had been taken of these workers? No. Did you have an opportunity to speak with anyone within Shop 56 upon your arrival, and I mean that to include the first few months? I had a little problem the first few months? What was that? ' I was barred from entering theshops. Anv reason? The production officer was mad at me, I guess. Do you know why you were barred from entering the shops? No, I think when I started wandering in and out, one of the shoo masters saw me and didn't like it. I don't know anv other reason. Captain Bell, I think his name was, sent a memo that I was barred from the shops. That went on for, I don't know, about six months I guess, then he left, I got in again. Captain Bell was commander of the Puget Sound Naval Shipyard? No. he was production officer. For the first time in six months of vour tenure at the Puget Sound Naval Shipyard, did you have the opportunity to observe asbestos operations in Shop 56? ____ __________ DEAN MOBURC 4 ASSOCIATES - Court Rrportors - MA 2-31 10 Soattt* ond Evorott, Washington ______________ 74 MT-PWHD-009044 IA 2Q 3A 4Q 5A 6Q 7 8A 9Q 10 11 12 A 13 14 Q 13 A 16 Q 17 18 19 A 20 0 21 22 23 A 24 Q 23 A Well, I did before he barred me. J Did you get a peak at those? Yes. That's where you learned about ventilation? Yes. ' Did you see men wearing respirators when they were handling asbestos products in the shop? Ho. Did you speak with anyone in that shop as to whether or not respirators were available for their use if they J j j I j wanted? j To qualify my answer, I don't remember speaking to anybody in the shop, but I knew respirators were available. How did you know that? Because Shop 05 had stocks of respirators. Would these be stocks of respirators approved by the Bureau of Mines for whatever specific purpose they had to be used? Yes . Did you observe whether or not Shop 56, whether they were using any kind of wet-down procedures when handling asbestos in the shop? Yes. Were they using them? Yes. _ e DEAN MOBURG & ASSOCIATES Court Reporter* - MA 2*31 10 - Seattle and Everett, Washington * 75 _____________ MT-PWHD-009045 li 0 I 2A 3 4i ! i 5 6Q 7f A ! Q j 9; io i 11; A 12 Q 13 ! 14 | ! 13'I 16 | A 17| Q 18' A 19 Q 20 A 21 22 23 q 24 j t 25 i Can you describe the operation? In the amosite cutting tables, which had back drop ventilation, they had spray hoses available at the work stations. As people would unroll the amosite, they would spray it with water prior to cutting. Would this be a cloth material? No, it's kind of a mat. Did you ever see, during your initial few months at Puget Sound Naval Shipyard, wet-down .procedures used in any other type of asbestos product? No . When you arrived at Puget Sound Naval Shipyard, did you learn that a complete survey of possible industrial operational hazards had been done at sometime prior to your arrival? Yes. When was the last time it was done? I don't recall the date. Did you do one within the first year you were present? I had an ongoing survey. I didn't do one and then quit. I just kept going all the time. It really wasn't an isolated survey. Continuing type. For all of the years that you were at the Puget Sound Naval Shipyard, and employed as the industrial hygienist, was asbestos one of the items you included in your * DEAN MOBURG 4 ASSOCIATES * Court Rsportsrs - MA 2-3110 - Soottlo and Evarott, Washington * 76 MT-PWHD-009046 surveys ? Yes. Was it included in all the updates of the surveys? Yes . It might not have been investigated every week, year or month, whatever, but it was also included? Yes . Was asbestos included on the survey that you found to be in existence upon your arrival at the Puget Sound Naval Shipyard? Yes . i i i Was asbestos noted being used in the pad shop and some other shops within the confines of the Puget Sound 4 Naval Shipyard? I don't recollect the term pad shop. Asbestos shop 56? What was the question again? The survey indicated that asbestos was used in Shop 56? Yes. Did it indicate it was used in any other shop facility? No. Did it indicate that it was used on board Naval vessels? I don't recall. You knew that it was used on board Naval vessels when DEAN MOaURC 4 ASSOCIATES - Com! FUport.r* . MA 2-31 10 - Soolllo ond Evoroll, Washington 77 MT-PWHD-009047 1 2A 50 4 5 6A 7 8 9 10 0 11 A 12 Q 13 A 14 13 16 17 Q 18 A 19 20 21 Q 22 A 23 0 2-i A 23 Q you arrived? Yes. What were your goals in terms of the industrial hygiene program at the Puget Sound Naval Shipyard that you wanted to set up when you arrived? The first thing that I wanted to do was' to check these biological tests that Commander Gade had been performing to see if they were necessary, because they took up a great deal of time. ' Did you make that determination? Yes. What was your determination? That the urinary arsenics were not necessary, but I kept up with the lead tests on the welders; although I changed from basophilic aggragation which was a pretty useless determination over blood and urine leads. What were your other goals? To go around evaluating the hazards of occupational hazards of the shipyard, to get a handle on then for my own information, for my own work. Any other goals? I wanted to get a little help. You mean staff? Staff. Anything else? 1_______________ DEAN UOBURG 4 ASSOCIATES - Court Rsportsrs - MA 2-31 10 - Ssottls ond Evorstt, Washington _____________ 78 MT-PWHD-009048 IA 2o 3A 40 3A 6Q 7A 8O 9A 10 n 11 12 A 13 3 14 13 16 17 18 19 20 21 22 23 24 23 Except the laboratory facilities. There v;as a laboratory facility already there? Very limited, yes. Did it have equipment sufficient to do dust counts? Yes. . Did it have a microscope? Yes. Did it have a microscopic projector? I think that came later. ' Did it have the impingers that were necessarv for vou to do dust counts? Yes . m What kind of things did vou want to get for the lab? MS. CAPLAWE: Steve, I'm going to object to the general line of questioning on the grounds of relevancv. It's not relative to this litigation. I realize a running objection is not appropriate in California law, however, I would like to stipulate that I'm entering a running objection to this line of questioning so I don't have to take up tine and object to ever question.. MR. HOCII: That's fine with me. MS. CAPLANE: Is there anyone who is going to object to that stipulation that it's reallv not relevant to this litigation? I think the testimony in this case _ * DEAN MOBURG 4 ASSOCIATES Court Reporter* MA 2-3110 Soottlo and Everett, Washington 7D _______ MT-PWHD-009049 1 2 3 4 5 6 7 H 9 10 11 12 13 14 n\ 16 17 Q 18 19 20 A 21 0 N 22 23 A 24 0 23 A L. is fairlv clear thus far. The shipyards orerated autonomouslv. HR. H0C1I: Will you stimulate to that? MS. CAPLAHE: I'm. not a partv. I consider this testimony to be irrelevant to the pending litigation and time consuming. HR. HOCH: Fine, I'll stimulate to the running objection. HR. ROBERSON: I'll stimulate to a running objection, but dispute the validity. } j MS. CAFLANE: I'm asking for a stimulation j as to objections, not to the rule. '4 MR. HOCH: I think the question was, Hr. Bessmer, what other ecuinment did vou want to get? Oh wow, I don't remember, it was more an updating tvpe thing. It went on. After 'rou were allowed to go back in the shons, did vou resume vour evaluations of hazards relative to the occunational problems? Yes. And at some point in time did vou get the helm that vou reques ted? I got a chemist. Why did vou get a chemist? That's all I could get. * DEAN UOBURG 4 ASSOCIATES - Court Rsportsro - MA 2-3110 - Soottlo and Evoratt, Washington * MT-PWHD-009050 10 2A 3 4Q 5 6A 7 8Q 9 10 11 12 A 13 Q 14 A n0 16 A 17 Q 18 A 19 20 0 21 22 23 A 24 Q 23 A When? When, I'm sorry, early 1950's, I don't remember the exact date. At the time you got the chemist, approximately how many workers were employed at the Puget Sound Naval Shipyard? I think that was the time of Korea, I think we had about 15,000. Did you have any opportunitv prior to the year of 1964 to go aboard U. S. Naval vessels at Puget Sound Naval Shipyard to observe asbestos installation or rin-out nrocedure ? Yes. * When was the first time you did that? I don't remember. Can you give me anapproximation? 1950. What was your purpose for going aboard? Just to inspect for health hazards, see what was going on. Do you recall whether or not ventilation was being used aboard that particular vessel that you went to look at during the asbestos operation? No. Do vou recall? There was none used. ________________ * DEAN MQBURG & ASSOCIATES - Court Raportars - MA 2*3110 - Saattla and Evaratt, Washington *_______________ 81 MT-PWHD-009051 10 2 3A 4Q 3 6A 7n 8A 90 10 11 A 12 Q 13 A 14 0 13 A 16 17 0 18 A 19 il Q 20 21 A 22 Q 23 A 24 Q 23 A Having seen that, did vou recommend that ventilation be used? No. . Did vou make any suggestions to anyone that ventilation i should be used in those onerations? No. Anv reason vou didn't? I thought resnirator protection would be sufficient. Were the workers who were in and around asbestos operation using respirator equipment? | No. Did you make recommendations to use resrirator equipment? j Yes. i Who did you make those to? The head of Shop 56. In some cases to men themselves verbally. Was this a continuing thing? j Yes . Was this a continuing thing between the period that vou arrived there in 1964? Yes. Did you ever put that recommendation in writing? Yes. Several times? A couple times, I think. * DEAN MOBURG 4 ASSOCIATES Court R#portr MA 2-31 10 Soottlo and Evtr*(l, Washington * 82 produced JM-83 MT-PWH D-009052 IO 2 3A 4Q 5A 60 7 8 9 10 11 12 13 14 13 16 Q 17 18 A 19 Q 20 A 21 0 22 23 A 2^ Q 23 In your discussions with Shop 56, did you explain the need for respirator equipment? Yes . What did that person say back to you? I think in general that they agreed with the concept. Was there a problem in enforcing respirator use aboard U. S. Naval vessels during the neriod 1950 through '64 to individuals working in and around asbestos containing thermal insulation products? MS. CAPLANE: I object. Over broad, vague and ambiguous. THE WITNESS: It was not enforced. MR. HOCH: Why not? 4 MS. CAPLANE: If vou know. THE WITNESS: I don't know. (By Mr. Hoch) Did vou speak to those that had thought I to enforce your suggestion? Yes. Would that be the head of Shop 56? l And his other supervisors as well. Did you stress with them the need for wearing respirator equipment? Yes . Did you go any higher above them in the chain of command to attempt to enforce the use of respirators? _ * DEAN MOBURG ASSOCIATES * Court Reporters MA 2*31 10 Soattlo and Evaratt, Washington * ._ MT-PWHD-009053 1A 20 3 4 3A 6Q 7A 8q 9A 10 q 11 A 12 13 q 14 n 16 A 17 q 18 A 19 q 20 21 A 22 o 23 24 23 A No. During the period of 1950 to '64, did you take anv dust samples aboard U. S. Naval vessels, specifically for asbestos? ' Yes. How many occasions, approximately? I don't recall. Did vou do it on a regular basis? Not on a regular basis, no. Sporadic. What was the purpose of vour testing? To determine the concentration of asbestos fiber in the air to see if it exceeded UAC or TLV. During the neriod of 1950 to '64, when did you do dust samples aboard vessels for asbestos concentration? Did you find that TLV was exceeded? No . Was it always below the TLV? Yes . Do you recall what the TLV was during the period of 1950 to '64? No. Do vou recall a rule or regulation promulgated in any area of the United States Government, enforcing it at Naval Shipyards? I believe there was a directive that came out requiring _ * DEAN MOBURG 4 ASSOCIATES - Court Rsportars - UA 2-3110 - Soottlo and Evaratl, Washington __________ 84 Plj0DUCE0 J" - 8$ MT-PWHD-009054 1 2Q 3 4 3 6A 7Q HA 9Q 10 11 12 13 14 15 16 17 18 19 20 21 Q 22 23 24 25 us Co adopt the TLV as official. Did you ever write a safety document, industrial health document for approval bv the medical officer, and/or the production officer relative to the handling of asbestos during the period of '50 to '64? I don't recall any period. You did write some after that point, is that correct? I believe so. Let me show you ' MS. CAPLANE: Could we go off the record for a second? MR. IIOCH: Sure. (Whereupon an off -the-record discussion was had.) Back on the record. We have agreed that we will provide the witness with some exhibits to look at during lunch in order to save time so that he can become familiar with them. I hand counsel the exhibits to Dr. Watkins' deposition. As soon as we break, we'll see if there are any more. (By Mr. Hoch) Mr. Bessmer, during your time at the Puget Sound Naval Shipvard, did it ever come to your attention that there were claims being filed bv workers at Puget Sound Naval Shipyard to the Bureau o^ Emnlovee Compensation relative to asbestos exposure? _________ * OCAN MOBURG & ASSOCIATES Court Roporlars MA 2-3110 - Soottto and Evorott, Washington * _________ MT-PWHD-009055 IA 2Q 3A 40 5 6 7 8 9 10 Q 11 12 A i 13 | j14 l Q 16 17 A 18 Q .9 | A 20 I I Q 21 22 A 23 Q 2^ 23 A Yes . VIhen did that first come to your attention? I think in the late 1950's. Did vou recall approximately how many claims were made? MR. JUDY: During what period of time? MR. HOCH: The interval that he recalls the claims were made, I guess late '50's. THE WITNESS: Well, starting about then, I remember five or six that I had heard about. (By Mr. Hoch) Was it any part of vour responsibilitv to process this claim to any stage? The Bureau of Employees Compensation representative would 4 come over occasionally and question me as to exposures. I'm not sure that in these specific cases it's possible. Were these five or six claims vou recall in the late '50's, individuals who worked in and around asbestos? Yes. They were making claims for what disease, do vou recall? I think they had died. Is it your recollection thev died of an asbestos related disease? That was what their claim was, ves. I understand that. Is that the knowledge vou received in and around the late '50's? Yes. _ * DEAN MOBUBG 4 ASSOCIATES - Court FUportsrs MA 2-31 10 - Soottlo ond Evsrsti, Washington * 86 . MT-PWHD-009056 IQ 2 3 4 5A 6Q 7 8 9Q 10 11 A 12 13 0 14 A 13 0 16 17 18 19 20 21 22 23 24 Q 23 Did vou also learn during the late '50's that individuals working in and around asbestos made claims to the Bureau of Employee Compensation stemming from their exposure at the Long Beach Naval Shipyard? No, I had no knowledge of that. Did you ever learn at any time that those claims had been made? MS. CAPLANE: At Long Beach? (By Mr. Hoch) Stemming from the Long Beach Naval Shipyard? It doesn't ring a bell. I assume vou mean other than this litigation? Absolutely. No. Which particular phvsical office of theBureau of Emplovee Compensation would disability claims concerning asbestos arising out of Puget Sound Naval Shipyard be processed out of? MS. CAPLANE: Not onlv did that question end with a preposition, but - MR. HOCH: I told vou I failed grammer. MS. CAPLANE: Do you understand the question? THE WITNESS: No. (By Mr. Hoch) Did you report this claim or send the claims to the San Francisco office. _______________ * DEAN MOBURG & ASSOCIATES - Court Rsportsrs * UA 2-31 10 - Soottlo and Evorott. Washington *_______________ 87 MT-PWHD-009057 1A 2Q 3A 4Q 3A 6Q 7 8 9 10 11 12 13 14 13 16 17 18 19 20 21 22 23 24 23 I did not, no. Who would send then, actually? Safety office. Do you know where the safety office sent them? No. Why don't we take a break. Let's try to keen lunch as close to 45 minutes as possible. (11:45 A.M. NOON RECESS 12:45 P.M. ) DEAN UOBURG & ASSOCIATES Court Rsportors UA 2-31 10 - Soottl# and Evtriil, Washington ... 88 MT-PWHD-009058 1 2 3 4 5 6 7 8A 9Q 10 11 12 A 13 Q 14 n 16 A 17 Q 18 19 20 21 22 A 23 0 24 A 23 0 (AFTERNOON SESSION.) MR. HOCH: Let's go back on the record. Mr. Bessmer, during the lunch break, did you have the opportunity to review Exhibits A through P of the deposition of George Watkins, which .exhihits ;are BUMED Instructions relative to threshold limit value for toxic materials? Yes. To the best of your recollection, are those exhibits true and correct copies of the BUMED instructions covering threshold limit value to toxic materials? Yes. * Were these documents that you received from tine to time during vour career as an industrial hygienist with the U. S. Navy? Yes. And based upon your review of these documents over the lunch break, does it refresh your recollection as to i what the TLV was for the period of 1955 through and including the time period covered by the Puget Sound instructions of 22 May '69 relative to asbestos? Yes. And what was that? five million particles percubic footof air. Do vou have any recollection now having reviewed these ________________ DEAN MOBUBC & ASSOCIATES - Court Roportors - MA 2-3110 - Soottlo ond Evorott, Washington ______________ 89 MT-PWHD-009059 I 2 3 4 5 6A 7 80 9 10 A 11 Q 12 A 13 14 Q n 16 A 17 Q 18 A 19 20 21 Q 22 23 A 24 Q 23 documents that there was any TLV that was codified in a rule, a regulation or instruction issued by a branch of the United States Government applicable to the U. S. Naw Shipyard relative to TLV for asbestos, prior to this first exhibit, which is dated 7 November, '55? I kind of got lost, but I think you asked me, I don't know of anything before that. Mr. Bessmer, at any time, did vou become familiar with the industrial hygienist whose name was Sheehan? Yes. And when did you first hear of that gentleman's name? When he was an industrial hygienist at Long Beach, I don't remember the year. Do you recall that that is a capacity he served in at some point in time? Yes. How did you become familiar with his name? We usually went to the annual meetings of American Industrial Hygienists Association, and I nrobably met him there. Did you discuss at any time anv of his works at the Long Beach Naval Shipyard? No. Did you discuss any work he was doing in the field of asbes tos? _________ ______ DEAN MOBURG 4 ASSOCIATES Court Roportoro - MA 2-3110 - Soattlo and Evor.lt, Washington o------------- - 90 MT-PWHD-009060 1A 2Q 3 4A 5Q 6 7 8 9 10 11 12 A 13 Q 14 13 16 A 17 Q 18 A 19 0 20 21 22 23 A 24 Q 23 A No. Did you have any recollection of any discussion with Mr. Sheehan at all other than, "Hello, how are vou?" No. ' To clarify, with reference made to the TLV exhibits of Dr. Watkins' deposition, it included Exhibit D which is another exhibit. Have vou had a chance, Mr. Bessmer, to read Exhibit D to Dr. Watkins' deposition, which is a report entitled Discussions of Employment Investigations in the Early Detections of Asbestosis, done by Mr. James Sheehan? Let me show you that again. I know I didn't read this. Take a quick look at this. p Have you had a chance to review Exhibit D on Dr. Watkins' deposition? Yes. Have you ever seen this document before? No. Is there anv system that you are aware of within the United States Navy by which information developed at one industrial hygienist's billet that would be transmitted to another industrial hygienist's billet? Yes. What was that system? We submitted one time monthly,later quarterly occupational _ DEAN MOBURG 4 ASSOCIATES - Court Roport.ro UA 2-3110 Sooltlo and Evorott, Wa.hmqton * 91 MT-PWHD-009061 I 2 3 4Q 3 6 7A 80 9 10 A 11 Q 12 13 A 14 13 Q 16 A 17 18 Q 19 20 21 A 22 Q 23 A 24 Q 27 health reports to the Bureau of Medicine and Surgery. The Bureau of Medicine and Surgery would accent these reports and publish them to the field. Do you recall having received any information containing the contents of the Exhibit D to Dr. Watkins' deposition, to-wit, the Sheehan report? No. Mr. Bessmer, are you familiar with a publication entitled Safety Review? ' Yes. Would you tell usyour understanding of what that publication is? i* Just kind of a little informational magazine nut out by safety people monthly, I guess. What safetv people? Back in Washington, the Bureau of Industrial Relations or something. Did you receive that publication from time to time during your tenure as an industrial hygienist at any shipyard wherein you served? Yes. And where were youas of October of1962? Puget Sound Naval Shipyard. Did vou have a chance, during the lunch break, to review Exhibit K to Dr. Watkins' denosition which is a cover _______________ * DEAN MOBURG 4 ASSOCIATES - Court Raportars - MA 2-3110 - Saattla and Evaratt, Washington * _________________ 92 , MT-PWHD-009062 I 2 3 4A 50 6A 7Q 8A 90 10 11 A 12 Q 13 14 A 13 Q 16 17 A 18 0 19 20 A 21 Q 22 23 A 24 0 23 A of a safety review magazine and Page 10 of that publication indicated October, 1962? I will show it to you again. Yes. Do you recall seeing that before? Yes. When did you first see it? Probably 1962. Did you read the material in this article on asbestosis at the time you received it in 1962? Probably, yes. Did you have any contact based upon this material, with Captain Robbins? No. Captain Robbins is noted as one of the people who prepared this, isn't that correct? Yes. Did you have any contact with Mr. W. T. Marr, based upon this article? No. Mr. Marr is indicated as someone who prepared this report also? Yes . Had you ever met Mr. Marr before October, 1962? Yes . * DEAN MOBURG 4 ASSOCIATES Court Roportors MA 2-31 10 - Soottla ond Evorott, Washington * 93 , f?:, r -V Jig MT-PWHD-009063 IQ 2A 30 4 5 6A 70 8 9 10 A 11 O 12 13 14 nA 16 17 18 0 19 20 A 21 Q 22 A 23 Q 24 23 On how many occasions? I don't recall. Did you understand him to be, in 1962, prior to receiving this article printed in the Safety Review, of being the industrial hygienist for Lons Beach Naval Shipyard? Yes. Did you have anv discussion with him before October, 1962 concerning the industrial hveiene program operating at Lone Beach Naval Shipyard? I don't know. Did vou have any discussions prior to October, 1962 and after the time you left Long Beach Naval Shipyard r with anybody from the Long Beach Naval Shipyard in relation to the handling and safe use of asbestos? No. MS. CAPLANE: At the Long Beach Naval Shipyard? MR. HOCH: Yes. (By Mr. Hoch) At the Long Beach Naval Shipyard, did you understand that? Yes. Your answer is the same? Yes. Did you everlearn at any time, Mr. Bessmer, what Mr. Marr and Captain Robbins referred to by an educational program which is referenced in the last page and last * DEAN MOBURG 4 ASSOCIATES - Court Roportoro MA 2-31 10 - Soottlo and Erorott, Waohinflton 94 ________________ MT-PWHD-009064 paragraph of the article? No. Did you at any time ever learn what tape recording was being made as a reference hereto? No. Did you ever speak to Mr. Marr about this report at anv time? I did not. Did you ever speak to Mr. Captain Robbins about this report? No. To the best of your recollection, this is a true and correct copy of the report which concerns asbestosis which was published in the October, 1962 issue of Safety Review by the United States Navy? Yes . During the lunch break, Mr. Bessmer, did you have an opportunity to review a document entitled Asbestos Exposure during Naval Vessel Overhaul, which purports to be a report issued by Mr. William T. Marr? Yes. For the record, denoted as Exhibit L to the deposition of George Watkins, Exhibit H, Page 677 through 690 of the deposition of Charles Av, when was the first time you saw this document, sir? __ DEAN MOBURC 4 ASSOCIATES - Court Roportors - MA 2-3110 - Soattlo and E*orott, Washington -------------- 95 '>Jk IB* ' ^ 3 MT-PWHD-009065 IA 2! 3 4Q 5 6A 7Q 8A 9Q 10 A 11 0 12 A 13 Q 14 A 13 0 16 17 18 A 19 Q 20 21 A 22 Q 2} 24 A 23 I don't remember the date, but I believe Mr. Ilarr either sent copies to the other shipyards or we asked for one, I don't remember which. Do you have an anproximate date in mind when you did receive and review a copy of this report? Can I see when it was published again? Absolutely. There isn't a date on there, is there? No. No, I can't remember the year. Was it in the 1960's? I believe so. Was it in and around 1965? It could be. To the best of your recollection, is this a true and correct copy of the report authored by William T. Marr entitled Asbestos Exposure during Naval Vessel Overhaul? Yes. What was the purpose of this report being received at Puget Sound Naval Shipyard? For information. Did you take any action whatsoever based upon informa tion contained in this report? Yes, I believe it triggered renewed interest in the problems of asbestos exposure. ________________ DEAN MOBURC 4 ASSOCIATES - Court Reporters - UA 2-3110 - Soottlo ond Evorott, Washington ------------------- 96 MT-PWHD-009066 10 2A 3 4Q 5 6A 7Q 8 9A 10 11 12 Q 13 A 14 0 13 16 17 18 A 19 20 Q 21 A 22 23 O 24 A 23 Whv did it trigger renewed interest? Because it confirmed that even though our samples were within "acceptable limits", we might have a problem. Acceptable limits, you're referring to what would be the TLV? Correct. What basis did you reach that conclusion or form and opinion that the TLV was in doubt? Well, our subsequent studies showed that people were having lung problems even though our samnles did not reflect excessive exposure as we knew it then. Excessive exposure as you knew it then was TLV? Right. Was this idea in your mind when you reviewed this report as opposed to something that you formed after doing subsequent investigations at the Puget Sound Naval Shipyard? Well, I think it's a little of both. We had been having some doubts before. Based upon what? The fact that there had been some compensation claims and we weren't quite satisfied with our sampling results. Who is we? Well, I had two other hvgienists working for me at that time. ________________ * DEAN MOBURG 4 ASSOCIATES - Court Roportoro - UA 2-31 10 - Sooltlo and Euorott, Washington ----------------------- produced JM-83 MT-PWH D-009067 IQ 2A 3Q 4A 5 60 7 8A 9Q 10 11 A 12 Q 13 14 13 A 16 Q 17 A 18 Q 19 A 20 Q 21 A 22 Q 23 A 24 23 Q What year are we talking about? 1962. Who were the other hygienists? Carl Mangold and Roger Beckett. They were hired in '62, I believe. Had you made requests prior to 1962 for additional industrial hygiene staff? Yes. Did that include requests to additional industrial hygienists? Not before. I had one assistant prior to that. At the time Mr. Mangold and Mr. Beckett were hired, approximately how many individuals were employed at the Puget Sound Naval Shipyard? I'd guess, 8,000. I don't want you to guess, is that your best recollection? Best recollection. Did Mr. Mangold and Mr. Beckett work on alternate shifts? No. Do you have full shift coverage? No. Is that something you want to get? Not necessarily, no. We considered ourselves on call for anything that was necessary. What was your annual budget for the industrial hvgiene DEAN UOBURG S ASSOCIATES Court Raporlara - UA 2-3110 - Sasttla and Evar.lt. Washington * 98 MT-PWHD-009068 1 2 i 3 4 3 6 7 8 9 10 Q 11 A 12 Q 13 14 j A nQ 16 17 18 19 20 A 21 0 22 23 24 23 program in 1964 at the Puget Sound Naval Shipyard? ! MS. CAPLANE: Steve, I want to make sure the record reflects my objection I made earlier about the relevancy of this testimony, which is still in effect. MR. HOCH: Sure, insofar as I'm concerned. THE WITNESS: I have to qualify my answer, because I had industrial hygiene, health, phvsics and sanitation. $100,000. I think the total budget was something like . (By Mr. Hoch) A year or a quarter? A year. That included the other aspects that you are referring to? Yes. ' Now when Mr. Marr's study was published, do you recall whether or not, in reaction to this study, the Navy promulgated any rules, regulations relative to handling of asbestos; and let me clarify that by saying within a year or two after the report was received by you? No. Whe was the first time you recall the Navy promulgated rules and regulations concerning'the manner in which asbestos was to be handled at a Naval Shipyard? MS. CAPLANE: I object to that question on the grounds it calls for speculation. Also, there is * DEAN UOBURG * ASSOCIATES - Court Roportoro - MA 2*3110 - Seattle and Everett, Waehmgton e 99 MT-PWHD-009069 I 2 5 4Q 5 6 7 8 9 10 11 A 12 13 Q 14 13 A 16 Q 17 18 A 19 20 Q 21 22 A 25 Q 24 A 25 Q already evidence that the Navy promulgated some regulation regarding the TLV's long before this report was ever issued. (By Mr. Hoch) Let me clarify the question. When was the first time you recall, Mr. Bessmer, the Navy issuing any rules, regulations, instructions or orders relative to this handling of asbestos containing thermal insula tion products to assure the workers that they were not exposed to an environmental hazard stemming from the use of asbestos? The Bureau of Ships put out one. It would have to be 1960, '61, somewhere in there. Do you recall what the general contents of that BU SHIP was? No. Do you know what aspect of the asbestos use situation did it cover? I believe it said something about substituting other materials for asbestos. Do you recall what kind of products were being discussed in that relation? I think fiberglass was one. Any others you can remember? No. Do you recall it in fact stemming from that BU SHIP _ * DEAN MOBURG 6 ASSOCIATES - Court Raportara - MA 2-3110 - Saottla and Evaratt, Washington _____________ 100 MT-PWHD-009070 rft- ,j 2 3A 4Q 5 6 7 8 9A 10 11 Q 12 A 13 Q 14 13 16 17 18 A 19 Q 20 21 A 22 Q 23 2-1 23 regulation that certain products were substituted for asbestos? No. When was the first rule or regulation that you recall being issued by any department within the United States Government affecting a Naval shipyard which placed some controls on the manner in which asbestos products were either installed or removed from U. S. Naval vessels? I don't believe one was issued before I was out of the field of industrial hygiene. Would it be after sometime in 1970? It's possible, I don't know that one was issued. Do you have any rpcnl1ection prior to your changing of jobs at the Puget Sound Naval Shipyard, any rule, regulation or instruction that came down from your desk or your department for implementation relative to handling of asbestos containing thermal insulation products? I don'trecall that. Did you bring the William Marr report to the attention as any of vour immediate superiors? I don't remember. Did you have any discussion with your immediate superiors after, say, within a year or two after you received the Marr report that indicated to you that they were aware of its existence? DEAN MOBURG & ASSOCIATES - Courl Reporters - MA 2-3110 - Seattle and Evarall, Washington 101 . MT-PWHD-009071 1A 20 3 4 3 6A 7Q HA 9 10 Q 11 A 12 Q 13 A 14 Q 13 16 A 17 18 0 19 A 20 0 21 A 22 Q 23 A 24 Q 23 I don't know. Based upon the Marr report and some of the compensation claims that you had seen emanating from the Puget Sound Naval Shipyard, did you then do further studies into asbestos exposures at Puget Sound? Yes. And what was your purpose in doing those studies? To determine the extent of hazards and its effects on people. ' And when did you begin those studies? Early 1960's. Was it actually before the Marr report? Yes. After the Marr report, did you increase your time allotment to that particular area of study? I believe so. I was not personallv involved at this time, mv assistants weredoine this. Thev were doinf it undervour authoritv? Yes. Under your direction? Yes. And your assistants were Mr.Mangold and Mr.Beckett? Right. After receiving and reviewing the Marrreport, did you initiate any additional programs to control asbestos * DEAN MOBURG & ASSOCIATES * Court Reporters - MA 20110 SoatUa and Evaratt, Washington * 102 M - S3 MT-PWHD-009072 1 2A 3Q 4A 5 6 7Q 8A 9Q 10 A 11 Q 12 A 13 14 13 Q 16 17 IH A 19 0 j 20 | A 21 Q 22 A 23 24 ! Q 23 dust in the work environment? Yes. What were they? We attempted to increase the use of respirator protection. We tried to get some ventilation design for the various operations. Anything else? No. Were you successful in increasing respiratory protection? To a limited extent, yes. Could you explain that? Well, certainly. The use of respirators was not universally accepted, but I'd say a few more people possibly used them than did before. How did you get the individuals working in and around asbestos to know that they should be wearing those respirators? We told them. How did you do that? Verbally. Group meeting, individual meeting, how? No, individual meetings. We wrote memorandums to the shop head, and that was it. By the way, did you ever read any excerots of Mr. Marr's report in any Bureau of Medicine publication? _ * DEAN MOBURG & ASSOCIATES - Cowl Roportor. - UA 2-3110 - Scald* and Evarall, Waahinqton --------------------------- 103 . PRODUCED JM-83 MT-PWHD-009073 IA 2Q 3 4A 5 iI 6 7 8Q 9 10 11 A 12 13 14 Q 13 A 16 Q 17 A 18 Q 19 20 A 21 0 22 A 23 24 23 I don't recall. How did you increase the use of ventilation for asbestos control? This again would be after the Marr report. MS. CAPLANE: increased. I think he said developed, not MR. HOCH: Okay, developed. (By Mr. Hoch) What did you do in terms of developing ventilation systems to be used aboard vessels and in shops to improve the environmental condition? We tried to get down through the ventilation on saw tables, for example, use of portable exhausts for ventilation aboard ship. When did you start doing those things? About 1968, somewhere in there. By the way, did you use filtered exhaust systems? I don't think we had any. Did you do something in order to try to find filtered exhaust systems? Eventually. When did you eventually do that? I'd say about 1970. After Mr. Marr's report came to your attention, did you have in mind the need for filtered ventilation systems to be used in asbestos operations? . 4 __ DEAN MOBURG S ASSOCIATES Court Rsportsrs - MA 2*3110 - Soottlo and Evorott, Washington *----------------- MT-PWHD-009074 Js&afesift IA 2 3 40 5A 6Q 7 8 9 10 I 11 12 13 A 14 O 13 A 16 Q 17 18 19 20 A 21 Q 22 A 23 Q 24 23 A I think our initial concept was, if we removed it from the breathing zone of people and discharged it somewhere else, it would be all right. Where was it discharged to? The outside air. From the time you received the first notice of the disability claims stemming from the Puget Sound Naval Shipyard and to the time of Mr. Marr's report, did you have at any time in your mind the possibility that workers, other than asbestos workers, that would be people in Shop 56, could potentially be exposed to concentration of asbestos above the TLV? No. . After the Marr report, did that come to mind? I don't recall. At the time the Marr report came to your attention, were you aware that during asbestos operations in either installing or ripping out aboard Naval vessels other trades would work side by side with the insulators? Yes. And that was acommon event, wasn't it? Yes. And you were alsoaware other trades would work in compartments directly adjacent to the asbestos worker? Yes. DEAN MOBURG 4 ASSOCIATES - Court Roportors - UA 2-3110 - Soattlo and Evorott, Washington * 105 _ ------- MT-PWHD-009075 IQ 2 3A 40 5 6 7A 8Q 9 10 11 12 A 13 14 Q 13 A 16 Q 17 18 19 A 20 Q 21 A 22 Q 23 A 24 0 23 And there would be a free flow of air between those two compartments during asbestos operations? Yes. Nothing was being done to segregate asbestos work from the other trades until some time in the '70's, isn't that correct? That's correct. Did you also do anything else, after Mr. Marr's report was received and read by you, in relation to seeing to it that the amount of asbestos fibers in the air were kept as low as feasible? I think it was after our o3>m study that we started, no t Mr. Marr's. Okay, what were those other changes? Well, by then I was out of the field. When you took your position in 1970 at the Puget Sound Naval Shipyard, did you relinquish any and all association with the other industrial hygienists? Yes. But you were physically separated from them? I had a separate office. Did you talk to them from time to time? Oh yes. Did you talk to them, for example, about their asbestos control program? _ DEAN MOBURG 4 ASSOCIATES - Court Roportors - MA 2-3110 - Soottlo ond Evorott, Washington ----------------------- 106 Prduced Jrsf . gj MT-PWHD-009076 1A 2Q 3 4 5A 6Q 7A 8Q 9A 10 Q 11 12 13 14 13 16 17 0 18 A 19 Q 20 A 21 Q 22 A 23 21 23 Q Mo. At some point did you become aware that there was a change in work practices concerning use of asbestos at the Puget Sound Naval Shipyard? Yes. And when did you become aware of that? On our 1960 report, we had started some changes then. And what changes did you initiate in your 1968 report? Again, increased recommendations for"ventilation. Did you make any recommendations concerning changes in work practices? MS. CAPLANE: What do you mean by work practices? MR. HOCH: The manner in which asbestos was handled by those who had to handle it. THE WITNESS: Housekeeping recommendations. (By Mr. Hoch) What were those recommendations? Wet sweeping. This would be used to clean up? Yes. What was the process of wet sweeping? Well, instead of swishing a broom around, to pick the stuff up off the floor, you would wet down and sweep it carefully so it wouldn't get in the air. What other housekeeping? _____________ DEAN MOBURC 4 ASSOCIATES - Court Roportoro - MA 2-31 10 - Soottlo and Evorott. Washington 107 . MT-PWHD-009077 j 1A i 2 30 4 5 6A 7Q 8 9A 10 Q 11 12 A 13 0 14 A 13 Q 16 A 17 Q 18 19 A 20 Q 21 A 22 Q 23 2-1 A 23 Q Cleaning machines, using vacuum cleaners, I don't remember. Did you establish procedures so that there were dust collecting systems attached to power saws to capture dust containing asbestos? We tried out some designs, yes. Did you eventually reach a design that you felt wes feasible? Not while I was in the field. Did you recommend the use of plastic bags to collect dust particles? I didn't. , Do you know if somebody else did? I believe Mr. Mangold and Mr. Beckett did. Do you recall when they recommended that? 1970. Did you ever hear of a gentleman's name of Cliff Krieger? No. Is that the first time you ever heard that name? Yes. Up until 1970, were you a member of any professional organization? Yes. Wouldyou name them? * DEAN MOBURG S ASSOCIATES - Court Reporters - MA 2-3110 - Seattle and Everett, Washington e _ 108 . MT-PWHD-009078 1I I A l\ i ! 3 I] Q 4A American Conference of Governmental Industrial Hygienists, American Hygienists Association. I'm sorry, what was the second one? American Industrial Hygienist's Association, and the 5 6Q American Board of Industrial Hvgienists. To join that latter group, did you have to pass an 7 8A examination? No, I got in under the Grandfather Clause. 9Q 10 1I A 12 Q 1} A You were considered to be a Board Certified industrial hvgienis t? Yes. That was by way of your traiping and experience? Yes. j ^ 14 0 Do you know a gentleman by thename ofSheldonManning? 13 A Yes. 16 Q Let me show you a copy, Mr.Bessmer, of areport entitled 17 Asbestos Exposure and Pulmonary X-ray Changes to 18 Pioecoverers and Insulators at the Puget Sound Naval 19 Shipyard dated August 1968, and it indicates there on 20 it, that it is authored by C. A. Mangold and R. R. 21 Beckett, and D. J. Bessmer. I'd like that labeled as 22 Exhibit E. 23 Have you had a chance to review that report, sir? 24 A Yes. 23 ___ (Whereupon Exhibit E was marked for identification.) dean MOBURG 4 ASSOCIATES - Court Roportoro - MA 2-3110 - SoottU and Evorott, Washington *---------------------------- 109 MT-PWHD-009079 1Q 2 3A 4Q 5 6 7 8A 90 10 A 11 Q 12 13 14 13 16 A 17 Q 18 A 19 Q 20 A 21 22 23 Q 2^ A 23 Q Is this a true and correct copy of the report so entitled and authored? Yes. Do you have a recollection that this report was read and presented at the annual meeting of Pacific Northwest section of the American Industrial Hygienist Association at Richland, Washington on October 3rd and 4th, 1968? Yes. Were youpresent during thatreading or meeting? Yes. Do you have arecollection of thenames of any of the other individuals who were present at that meeting when this paper was presented, who were known to you to be employees in the United States Government, specifically, the Department of Navy? No. Did you see anybody in a Navy uniform there? I don't recall. I'll tell you why, if you want to know? Sure. I came down with a bladder infection on the way over, and I don't remember much about anything. I was sicker than a dog. Did Mr. Mangold and Mr. Beckett attend that meeting? I believe Mr. Mangold did. Did Mr. Mangold ever tell you that he had seen other _______________ e DEAN MOBURG & ASSOCIATES - Court Reporter* MA 2*31 10 Seattle and Everett, Washington e 110 . -- JM - - MT-PWHD-009080 I 2 3 4A 50 6 7 8A 9 10 Q 11 12 A 13 Q 14 A 13 16 Q 17 A 18 Q 19 20 A 21 22 0 23 24 A 23 Q representatives of the Industrial Hygienist Department of the United States Navy at the time this paper was being presented? I don't recall. Who, to your knowledge, are the members of the American Industrial Hygienist's Association, generally? Obviously, I'm not asking for a complete list. Practicing industrial hygienists in all walks of the industry. ' On the second page of this report, where it says the opinions, do you see that? Yes. Did anyone tell you to put that in there? I see it's fairly standard procedure. anybody ordering me to do it. I don't recall Standard procedure bywhom? Navy. How long had this report been in gestation stage, how long had research been going on? About 1965, I think we started gathering data from the doctors. Was this in part as a result of receiving Mr. Marr's report? No. Why then? * DEAN MOBURG 4 ASSOCIATES - Court Raportors UA 2-31 10 Sootllo and Evaratt, Washington * 111 MT-PWHD-009081 tA 2 3 4 5 6 7 8 9 10 0 11 A 12 13 Q 14 A nQ 16 17 A 18 19 0 20 21 A 22 0 23 24 :> A Well, for many years I had tried to take an epidemiological approach to the investigation of industrial hygiene problems. Where the industrial hygienists would evaluate the environment, the doctor would evaluate the people and we'd mesh the two sets of results together. I wasn't successful in this until about 1965 when I finally convinced one of the physicians to let me know all cases of lung conditions he found. I started keeping j a tally of these, and eventually assembled this report. Which physician? I was afraid you were going to ask me that, I can't j I I j remember his name. Was he a Navy doctor? # I No. Was he a doctor employed by the United States Navy at Puget Sound Naval Shipyard? By the Civil Service at Puget Sound Naval Shipyard, yes. Did he operate out of the dispensary at the Puget Sound Naval Shipyard? Yes. Other than this paper being presented to the American Industrial Hygiene Association, do you have a recollection that it was distributed to any other group? No. DEAN MOBURG & ASSOCIATES - Court Reporters MA 2-3110 - Soottlo ond Evtrttl, Washington 112 PRODUC :'Q JM - 8: MT-PWHD-009082 1Q 2 3 4 5 6 7Q 8 9A 10 Q 11 A 12 Q 13 14 A 13 16 17 18 19 20 21 22 23 24 23 Do you have a recollection that it was sent in any manner whatsoever to any agency of the United States Government? MS. CAPLANE: That I assume excludes distribution within the Puget Sound Naval Shipyard? MR. HOCH: That was my next question. (By Mr. Hoch) Did you send this report to anybody outside Puget Sound Naval Shipyard? I don't remember. Did you circulate it at the Puget Sound Naval Shipyard? No. Did you give a copy of it to the chief of the occupation * medicine program at the Puget Sound Naval Shipvard? I don't recollect. Well, I'm trying to think whose initials those are. I assume I did, but you don't want assumptions. MS. CAPLANE: Let me clarify something before you go on. The earlier answer to the question, whether this was distributed to any agency of the United States and so forth, excludes distributions that were made at that Northwest conference. MR. HOCH: Yes. MS. CAPLANE: Because those were undoubtedly carried back to various installations and so forth. MR. HOCH: I will stipulate to that. _ . * DEAN MOBURG 4 ASSOCIATES Court Reporters MA 2-3110 - Seattle and Everett, Washington e__________ _ 113 MT-PWHD-009083 1 2 3 4 3 6 7Q H 9A 10 11 12 13 14 15 16 0 17 18 19 20 21 22 23 24 25 MR. FISH: Even though they operate at the top of the list. MS. CAPLANE: Since you want to get home, you will stipulate to most anyrhing. MR. FISH: Oh yes, but I won't let him. MS. CAPLANE: To stipulate or to go home? (By Mr. Hoch) I think I have a question, you were thinking about something? Well, I was trying to have some proof that I gave it to the medical officer. Now I'm certain he knew about it, probably the public information officer, but I can't definitely say that I did, because I don't recall the actual doing of it. I was trying tO' look at these initials to see if that was the medical officer at the time. ` Let me show you a copy of a letter on the stationery of the Long Beach Naval Shipyard dated 15 October, 1963 addressed to D. J. Bessmer, Head Industrial Hygiene Division, Puget Sound Naval Shipyard signed by Mr. Sheldon Manning, industrial hvgienist. I would like to label that as Exhibit F. (Whereupon Exhibit F was marked for identification.) MS. CAPLANE: I would like to introduce Steve Seaton, who is a Navy attorney and who has, I might _ * DEAN MOBURG A ASSOCIATES - Court Raportsrs - MA 2-31 10 * Soottlo and Evorott, Washington * ____________ 114 produced JM-83 MT-PWH D-009084 1 z 3 4 3Q 6 7A 8Q 9 10 A 11 Q 12 13 14 A 13 16 17 Q 18 A 19 0. 20 21 22 A 23 24 23 mention, the authority to call a close range gunning squad. MR. HOCH: Welcome to our party, where were you yesterday? (By Mr. Hoch) Mr. Bessmer, have you had an opportunity to review what we marked as Defendant's Exhibit F? Yes . Do you have a recollection of receiving this letter from Mr. Manning inand aroundOctober 15, 1968? Vaguely, yes. Does it refresh yourrecollection that you sent to him or caused to be sent to him a copy of your report of August 9, 1968? I believe Mr. Manning visited Puget Sound Naval Shipyard, and during his visit he probably picked up a copy from one of the other persons. Would that have been in and around 1968? Yes. Did you have a discussion with Mr. Manning during that visit relative to the asbestos situation at Long Beach Naval Shipyard? I do recall that his visit was for the purpose of reviewing our entire program to see if he couldn't get some ammunition to, as I understand it, to get Long Beach off the pot and get him some -- ___ _______ * DEAN MOBURG & ASSOCIATES - Court Rsportsrs - MA 2-3110 - Soottlo and Evarstt, Washington * 115 . MT-PWHD-009085 1. I 2j 3| Q I 4 5 6| 7 8Q 9 10 11 A 12 13 Q 14 nA 16 Q 17 18 A 19 0 20 A 21 22 Q 23 A UQ 2} (Whereupon a pause in the proceedings was had.) You were saying? MS. CAPLANE: The question is answered. MR. FISH: Perfectly so. I understand that you were successful? MS. CAPLANE: Win at is the question? (By Mr. Hoch) Mr. Bessmer, did Mr. Manning explain to you any of the problems he was having at Long Beach Naval Shipyard relative to industrial hygiene? He mentioned he was having some problems getting eauioment and support. Did he mention anything specifically with reference to asbestos control? I don't recall that. Did he mention anything specifically with reference to not having equipment sufficient to do dust counts? I don't recall that. What Ls your understanding of what equipmentmeant? Just industrial hygiene equipment in general, I don't think he was specific. Had you ever met Mr. Manning before that? No. Did you have any contactwith Mr. Manningafter your visit? ____________ DEAN MOBUHG 4 ASSOCIATES - Court Roportors - MA 2-3110 - Soottlo and Evorott, Washington ---------------------- 116 PRODUCED - S3 MT-PWHD-009086 1A 2Q 3A 4 3q 6A 70 8A 9Q 10 11 A 12 13 14 13 16 17 Q 18 19 20 A 21 Q 22 23 A 2-t 0 23 Yes . When was the next time you had any contact with him? I believe it was in St. Louis at an industrial hygiene meeting. We had dinner. About when was that? I don't remember the vear. Was it after 1970? No, before that. Do you have a recollection what you discussed at that dinner? Nothing pertaining to industrial hyiene. HR. JUDY: MR. HOCH: You hesitate to ask, don't you? * Did you tell him about Dr. Smith? MS. CAPLANE: Do you mean the famous U. S. E. conference? MR. HOCH: Forget it. (By Mr. Hoch) Did you ever attend, Mr. Bessmer, a meeting or lecture or seminar wherein Dr. Selikoff spoke? No. Do you recollect Dr. Selikoff as having published some articles concerning asbestos? Yes . Do you recollection some of them being associated by Mt. Sinai School of Medicine in New York? __ DEAN MOBURG 4 ASSOCIATES - Court Reporter* . MA 201 10 - Soottlo and Evaratt, Washington ________ 117 MT-PWHD-009087 1A 2Q 3 4 5 60 7 8 9 10 11 12 Q 13 14 A 13 Q 16 17 A 18 19 0 20 21 A 22 Q 23 2-1 A 23 Q Yes. All right, why don't we take a 15 minute break and start back at exactly 2:00 o'clock. (Whereupon a recess was had.) (By Mr. Hoch) Mr. Bessmer, what part did you take in authoring the report which was labeled as Defendant's Exhibit F? MS. CAPLANE: That's the letter from Mr. Sheldon Manning. MR. HOCH: I apologize. (By Mr. Hoch) Defendant's Exhibit E, which is the report of August 1968. Mostly I corrected the copy and made a few suggestions. Did you have anything to do with the gathering of the material cited therein? I started the tally count of people with chest conditions, and I later turned that over to Mr. Mangold. Do you recall any corrections you made on the copy you received which we did point to in the Exhibit E? No. Mostly grammer and smoothness of presentation. Did you agree with the concept of the report as published in Defendant's Exhibit E? Yes. Were you familiar at the time of the publication of the . DEAN MOBURG 4 ASSOCIATES - Court Ropottors - MA 2-3110 - Soattl* and Evorott, Washington ----------------------------------------------------- 113 ^ produced JM-83 MT-PWHD-009088 1 2 3A 40 3A 6 7Q 8 9 10 A 1I Q 12 13 14 n 16 17 18 19 Q 20 21 A 22 23 Q 2-1 23 publication of the report, Defendant's Exhibit E with references listed on Page 5? May I see them? Oh, absolutely. Here's your copy, sir. I have probably looked at the references at one time or another. The reference No. 4 is the Marr report which is Exhibit L to Dr. Watkins' deposition that we showed you a little while ago. Yes. Oh, no. Would you like to correct that? MS. CAPLANE: Would you like to see the exhibit? MR. HOCH: Would you like to explain it to us? May we have the report please? MS. CAPLANE: Yes, it's Exhibit L. THE WITNESS: No. 4 is an article published in the American Industrial Hygiene Association. (By Mr. Hoch) This is referring to the Marr report, which we have an exhibit to Dr. Watkins' deposition. I don't believe so. I don't believe that's the same as th is. You are indicating you don't believe the Marr report that you have in your hand is the same cited in reference 4? * DEAN MOSURG & ASSOCIATES - Court Reporters * MA 2*31 10 Seottle and Everett, Washington 119 ' MT-PWHD-009089 ]A 2 * 4i >i i 6I Q 7 Hi A 9Q 10 1I 12 | A 13 q 14 nA 16 Q 17 IH A 19 20 Q 21 22 23 A 24 23 I would have to say, since I don't have this article, I can't say that content is different, but this was a separate publication that we got. You can tell by the binding here, it's like ours. This is an article in a professional journal. This is a separate article with the binding, is Exhibit L to Dr. Watkins' deposition? Yes. And a reference in your report of August, '68, reference No. 4 on Page 5 of that report is an article published in the American Industrial Hygiene Association journal? Yes . m And you are not sure whether they are both the same article? Yes . Do you recall at any time reading the American Industrial Hygiene Association Journal cited in Reference 4? I must have, I subscribed to the Journal, and I have read it. Does that citation refresh your recollection as to whether Defendant's Exhibit L to the Watkins' deposition was received by your department? No. ' MS. CAPLANE: Steve, before you go on, I'd like to make a statement on the record which I made in _ * DEAN MOBURG 4 ASSOCIATES - Court Reporter* MA 2-31 10 - Soottlo and EvoreH, Washington a_______________ 120 MT-PWHD-009090 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 13 16 17 18 19 20 Q 21 22 A 23 Q 24 23 the earlier deposition. MR. HOCH: Mr. Fish isn't standing. MS. CAPLANE: No, that's cool. MR. FISH: Do you want me to stand? MS. CAPLANE: Sure you did. I made a statement at the earlier deposition which I hoped would not be necessary for me to continue making, but apparently it is. This witness is represented by counsel for the matters he's testifying to today. Any conversations taking place with this witness during the break, concerning his testimony or matters he may be testifying about without my being present are entirely r inappropriate and also violate the ethical standards set forth by the rules of professional conduct as stated by the California State Bar Association. I request in the future, that Mr. Bessmer not be asked anv questions regarding his testimony today unless I'm present, and also that in future witnesses, that this not take place. Thank you. (By Mr. Hoch) Mr. Bessmer, was the report of Defendant's Exhibit E to your deposition prepared on Navy time? Yes. Was it prepared by Mr. Mangold and Mr. Beckett and yourself who were all employed by the United States Navy? DEAN MOBURG 4 ASSOCIATES - Courl Reporters - MA 2-31 10 - Seattle and Everett, Washington e--------------------------------------------------- 121 MT-PWHD-009091 1A 2Q 3 4 5 6A 7Q 8A 9Q 10 11 12 A 13 14 Q n 16 A 17 Q 18 19 A 20 21 Q 22 23 A 24 Q 23 A Yes. On Page 1 of your report, it makes reference to an x-rav survey or study. I call your attention to the last paragraph on that page. No. 2. Do you see that where it says "Study basis"? Yes. That survey was done in 1965 and was started in 1965? Yes. What were the findings that either yourself or Mr. Beckeet or Mr. Mangold received that indicated there were fibrotic changes in cases of workers? A physician who read the x-rays would send us a copy of his dictated evaluation of the x-ray. Did he give you names of individuals or just that they had found a fibrotic change in somebody? No, they would give us a nameand shop. Where was the raw data that was provided to your depart ment for this report kept? The original of the x-ray reading would go to the person's medical jacket. What about the little slip of paper that you got from the Medical Department? It was kept in our file. Where were the drafts of thesereports kept? In our files. * DEAN MOBURG S ASSOCIATES Court Reporters * MA 2-3110 - Ssattls and Evsrstt, Washington --------------------------------------------- 122 , MT-PWHD-009092 IQ 2 3 4 5A 6Q 7A 8Q 9 10 11 12 13 14 A 13 Q 16 17 18 19 A 20 Q 21 22 23 A 24 Q 23 A At the time you changed jobs in 1978 at the Puget Sound Naval Shipyard, was all the raw data and rough drafts of this report still in the industrial hygienist's office? To the best of my knowledge, yes. Do you know where it is now? No. Again, the paragraph marked 2 on Page 1 of your report, it says, "Asbestos exposures have been periodically evaluated by Midget Impinger sampling encountered by light field microscopy since 1956." Is that a correct statement insofar as Puget Sound Naval Shipyard is concerned? Yes. Do you know from any source whatsoever if since 1956 at any other Naval Shipyard, asbestos exposures were periodically evaluated by the Midget Impinger sampling encountered by light field microscopv since 1956? Of my own knowledge, I don't know that. Now on Page 2 of your report, you found a 21.2 per cent incidence of fibroid changes in insulators, is that correct? Yes. How did you specifically come to that conclusion? We took the total number of people who had been x-rayed * OEAN MOBURG 4 ASSOCIATES - Court Reporters - MA 2-31 10 Soottlo and Evorott, Washington * 123 MT-PWHD-009093 1 2 3Q 4 5A 60 7 8 9A 10 Q 11 A 12 Q 13 u n 16 A 17 Q 18 19 20 A 21 Q 22 23 2h A 2} Q in that job and divided that into the number of people found to have fibrotic changes, multiplied by 100. Did you tell anybody in the Shop 56 of that percentage after you did those calculations? I don't recall. Did you get a work history from the Medical Department when you received the information that an x-ray had shown fibrotic changes? Yes. What kind of work history did you get? I believe just years of employment. When the physician listed x-rays as fibrotic changes or pulmonary abnormalities, did they say anything as to whether or not they were associated with asbestos exposure? No . Did you make any assumptions in doing the statistics for your reports, that in fact they were exposed to asbes tos ? No. Do you know if the physicians, who provided you with information, had a full and complete occupational history from the individual examined? I don't. Now the paragraph that begins with the No. 4 on Page 2, __ * DEAN MOBURG & ASSOCIATES - Court Reporters - MA 2-31 10 Soottio and Evorotf, Washington * 124 . 4 MT-PWHD-009094 1 2 3A 4Q 5 6 7 8A 9 10 Q 1I A 12 Q 13 14 A n 16 17 18 19 Q 20 A 21 Q A Q in the paragraph marked "The materials described in Table V..." Do you see that paragraph? Yes. How do you know that the asbestos products listed in that table were similar to those used by Union employees in the San Francisco Bay area and Long Beach Naval Shipyard? I don't know. That information was obtained by probably Hr. Mangold. Did you ever ask him how he came to that conclusion? No. Did you inquire to him at all as to how he came to those conclusions? I did not inquire. However, it refers to three references back here which are publications from Hr. Harr and Mr. Balzer, who did some investigative work in the San Francisco area. I assume in those articles, the materials used were found to be the same. Who is Mr. Balzer, to your understanding? At the time, I believe he was engaged in research work at the University of California. Did you know him to be somewhat connected with the Navy? No, he came up and visited us once. He was interested in pipecoverers and insulators, I know that. In the paragraph immediately below that on Page 2, . dean MOBURG 4 ASSOCIATES - Court Rtportors - UA 2-31 10 - Soottio and Evors't, Washington ---------------------------------------------------- 125 MT-PWHD-009095 I 2 3A 4Q 5 6A 7Q 8 9A 10 Q. 11 A 12 0 13 14 nA 16 Q 17 18 19 A 20 Q 21 22 23 24 A 23 Q beginning "Thoroughly wet amosite." Do you see that paragraph? Yes . Do you agree with the conclusions in that paragraph? Please read them all. I believe that wetting aboard could be accomplished. Did you make any changes or suggest any changes in this report on that particular item? Could I suggest -- ' No. Did you, before it was published? No. Did you believe in August of^1968 that wetting amosite or magnesium block before rip-out of old insulation aboard ship couldbe practical? No. I took this at face value. Did you believe that in August of 1968 that some type of wetting procedure for asbestos rip-out operations could be used aboard a vessel? I don't believe I considered it. Maybe I'm misunderstanding you, but I thought when you were asked if you agreed with these items, you specifically pointed that one out. You didn't necessarily agree with it. Could you explain it? Well, I believe now that we can wet down the materials. In August of 1968, there was some practical problem in DEAN MOBURG S ASSOCIATES Court Rtportors - MA 2-31 10 - Soattlo and Euaratt, Washington _ 126 V MT-PWHD-009096 that regard, in your mind? Well, apparently it was in the mind of whoever wrote this; and I accepted that at the time. Because of the problems in wetting down asbestos aboard a vessel for rip-out operation that we have been talking about, would that in your mind increase the necessity for proper ventilation and proper respirator equipment? Yes . ' Again, that would be a thing that would have to be enforced by the work place by appropriate supervisors of the cognizant shops? Yes In August of 1968, Mr. Bessmer, did you believe that 4 rip-out operations caused a higher concentration of dust to become airborne than insulation procedures aboard ships ? Yes . How long had you had that belief prior to 1968? I don't know, a year or two. Since the Marr report? Possibly. Did you have any opinion that that was true when you were at Long Beach Naval Shipyard? Are you saying do I have an opinion? Do you have an opinion? DEAN MOBURG & ASSOCIATES - Court Reporters - MA 2-31 10 - Soottlo and Evorott, Washington * ___ 127 MT-PWHD-009097 1 20 3A 4Q 5 6A 7Q 8 9 10 11 A 12 Q 13 14 n 16 17 18 A 19 0 20 21 22 23 24 23 A MS. CAPLANE: When he was at what shipyard? (By Mr. Hoch) Long Beach, the late '40's? No. Did you reach that opinion, based on your study, which lead to those conclusions in this report? Yes. Did the Navy at any time while you were at Puget Sound label asbestos products that had been installed by the Navy on vessels indicating that they'were in fact asbestos products? No. Did the Naw at any time while they were at Puget Sound Naval Shipyard place any warning label on any turbine boiler, steampipe aboard a Naval vessel or any other equipment that had asbestos on it warning workers that asbestos was there and that proper respirator ventilation and equipment should be used? No. At any time while you were at Puget Sound Naval Shipyard, did the U. S. Navy provide to any worker who worked in and around asbestos that contained thermal insulation products, be thev in a shop or on board a vessel, any warning that when working in and around asbestos, a respirator or ventilation should be used? Yes. ________________ DEAN MOBURC 4 ASSOCIATES - Court Reporters - MA 2-3110 - Soottlo and Evaratt, Washington a_______________ 128 . MT-PWHD-009098 IQ 2 3 AQ 3A 6 7Q 8A 9 10 1I 12 Q 13 14 13 A 16 17 Q 18 19 A 20 21 0 22 A 23 0 2^ 23 A Wien was the first time that the Navy did that? MS. CAPLANE: You mean at Puget Sound or the first time that he was aware of it? (By Mr. Hoch) Let's take Puget Sound then. I don't recall specificallv. I think it was sometime in the early 1960's. Before the Marr report? It's possible. I had the labeling nrogram in the shipyard under my jurisdiction; and asbestos was one thing we stuck a label on. I don't remember specifically when I did that. Was the labeling program at the Puget Sound Naval r Shipyard under your direction and control from the time you arrived there? . We didn't have a labeling program when I arrived there. When they initiated it in the Navy, it became my pidgeon. Do you have recollection as to whether or not it was in the ' 50's or '60's? No, I think it was probably in the '60's more than the ' 50's. And the asbestos was one product that you had to label? One of the products that I labeled. Did the Navy require that the labeling be put on asbestos products? No. ,- * DEAN MOBURG 6 ASSOCIATES * Court Reporters - MA 2-3110 - ScottI* and Evaratt, Woshinqton * 129 . MT-PWHD-009099 IQ 2A 3Q 4A 3 6Q 7A 8Q 9 10 A 11 Q 12 A 13 Q 14 A 13 16 Q 17 18 A 19 Q 20 21 22 A 23 Q 2l 23 Why did you label them? I felt it was hazardous. What kind of label did you put on? Standard Navy labels. They had six labels that were standard forms. What was the one you put on asbestos? I think it was inhalation hazards, something like that. Did it warn the workers to do anything specifically when using that product? I think it said respirator protection should be worn.' Where did you stick the label? On the containers, shipping containers. Did you distribute them to the supply department to do? The supply department had the labels, and we were responsible for applying the labels. Did you follow up from time to time to make sure they were doing that? Yes. Did you applylabels to containers containing asbestos thermal insulation products, whether or not they already had a caution or a warning label on them? Yes. In fact, didn't some of theboxes containingasbestos thermal insulation products already have warning labels on them when they arrived at the shiovard? ________________ * DEAN MOBURG 6 ASSOCIATES * Court Reporters - UA 2-31 10 - Seattle and Everett, Washington e____________ 130 MT-PWHD-009100 ai'-i-a 1A 2Q 3 4 3 6 70 8 9A 10 11 I2 Q 13 A 14 Q n 16 17 A 18 Q 19 A 20 Q 21 A 22 Q 23 24 A 23 I don't recall seeing any. Was it your attention to labeled boxes, whether or not they had been labeled by whoever produced the material? MS, CAPLANE: I object. It has been asked and answered. THE WITNESS: Yes. (By Mr. Hoch) How often, by the \<ray, did you go into the supply department to check up on that? I didn't normally go into the supply'deoartment. I went out to the field to see where the products were, the end use was to see if they were labeled there. And that's where you saw the^ boxes or containers? Yes. Is it correct that often the boxes or containers tvould be completely void of any label at all, it just had some stenciling on it as to a military spec number? I don't recall. Do you know what a military spec is? Yes. What is a military spec? Military specification. What is your understanding what that means, vis-a-vis, products brought into the shipyard to use? Well, military specifications outlines the parameters for the material at 3^hich the Government requires for adequate _ * DEAN MOBURG 4 ASSOCIATES Court Reporters - MA 2-31 10 - Soottlo and Evoroti, Washington * ,,________ ____ 131 . MT-PWHD-009101 1A 2Q 3 4 5 6 70 8 9A 10 II 12 Q 13 A 14 Q n 16 17 A 1H Q 19 A 20 Q 21 A 22 Q 2S 2-t A 2^ I don't recall seeing any. Was it your attention to labeled boxes, whether or not they had been labeled by whoever produced the material? MS. CAPLANE: I object. It has been asked and answered. THE WITNESS: Yes. (By Mr. Hoch) How often, by the way, did you go into the supply department to check up on that? I didn't normally go into the supply'department. I went out to the field to see where the products were, the end use was to see if they were labeled there. And that's where you saw the^ boxes or containers? Yes. Is it correct that often the boxes or containers would be completely void of any label at all, it just had some stenciling on it as to a military spec number? I don't recall. Do you know what a military spec is? Yes. What is a military spec? Military specification. li/hat is your understanding what that means, vis-a-vis, products brought into the shipyard to use? Well, military specifications outlines the parameters for the material at which the Government requires for adeouate ________________ DEAN MOBURG S ASSOCIATES * Court Reporters * MA 2-31 10 - Svattl* and Evaratf, Washington ________ ____ 131 . MT-PWHD-009102 1j 2j Q * 4A 5Q 6 7 8A 9Q 10 11 A 12 Q 13 14 13 16 17 18 A 19 0 20 21 A 22 Q 23 2* 23 use or satisfactory use. Was it your understanding that the Navy also issued certain military specifications concerning packaging? No, I don't know that. Was it your understanding that a product to be sold for use at a Navy facility had to meet the military specifica tions under which it was listed? If there was a military spec for it, yes. As far as you know, were there military specifications for asbestos containing thermal insulation products? Yes . Did you observe at any time while you x^ere at the Puget Sound Naval Shipyard, even though you had caused labels to be placed on products containing asbestos, it would be used aboard Naval vessels that by the time workers on the ship got them, they were uncrated, unboxed and unwrapped? Yes . Very often they would be just products sitting there waiting for insulators or somebody else to use? Yes . To get the messages to those people as to the possible hazard of asbestos, did you envision that the educational program of the industrial hygiene department would get that message to them? * DEAN MOBURG S ASSOCIATES * Court Reporters * MA 2-3110 - Seattle and Everett, Washington * 132 p*duced Jm - ft MT-PWHD-009103 IA 20 3 4A 30 6 7 8A 9Q 10 11 12 A 13 Q 14 A 13 Q 16 17 18 19 A 20 21 22 Q 23 24 23 Well, we hoped that it would. That was one purpose of your educational program, wasn't it? Yes . It was also one of the reasons you attempted to follow up with supervisors on enforcement of respirator and ventilation use concerning asbestos? Yes . Did you ever suggest to anyone within the United States Navy that once an asbestos product had been installed on a Naval vessel that the Navy label the asbestos as such? No. Would w that have been good industrial hygiene practice? Yes. Thatwould have been good industrial hygiene oractice from when to when, as far as you would be concerned? I'm trying to get a time frame when you considered it to be good industrial hygiene practice. Well, probably it would have occurred to me sooner or later if I would have stayed in the program. Probably 1970 on. Was it part of the industrial hygienist's function, from the time you started work at Long Beach Naval Shipyard until 1970 when you changed jobs, to identify asbestos which was installed aboard Naval vessels prior to its ________________ * DEAN MQBURG & ASSOCIATES Court Reporter* * MA 2-31 10 - Seattle and Everett, Washington *_____________ 133 , . produced JM - 33 MT-PWHD-009104 I 2A 3Q 4 5A 6Q 7A HQ 9A 10 Il Q 12 13 14 13 16 17 18 19 20 21 22 23 24 23 rin-out? This was not done. The question was, it was the responsibility of the industrial hygienist to do it? No . Whose responsibilitywas it? I think it would have been production. Why would you think it would be production? Because they are down there where the material is, and they would know. Was it the responsibility of the industrial hygienist to have an ongoing dialog and communication with the production department so that they would be aware if asbestos was going to be ripped out of a Naval vessel, to advise workers that that work was being done and used proper and appropriate precautions? MS. CAPLANE: question. I think that's a compound THE WITNESS: Would you state it again? MS. CAPLANE: Both parts. MR. HOCH: Read it back. THE REPORTER: "Was it the responsibility of the industrial hygienist to have an ongoing dialog and communication with the production department so that they would be aware if asbestos was going to be ripped out of ________________ DEAN MOBUBG 4 ASSOCIATES - Court Rrportsn - MA 2-31 10 . Ssoltlo and Evorstt, Washington _______________ 134 MT-PWHD-009105 1 2 3Q 4A 5Q 6A 7 8Q 9A 10 11 12 13 14 13 Q 16 17 18 19 20 21 A 22 0 23 2-1 A 23 Q a Naval vessel, to advise workers that that work was being done and used proper and appropriate precautions?" (By Mr. Hoch) Do you understand the question? I think so. No. Whose responsibility was it? Well, can I nualifv mv answer a little bit? You had a word in there, "ongoing". Okay. . Now I couldn't go down on every ship' and survey the ship, and say "this is asbestos and this is," and so on. My practice was to write the recommendations to . management, and it was up to them to either adopt them or not. I didn't keep writing the same letter over and over. Over the course of your career with the United States Navv serving as an industrial hygienist or an industrial hvgiene officer, did you find an ongoing problem with trying to get production departments to follow industrial hygiene procedures to insure the occupational health of the workers? Yes. Did you find this problem existing in the field of asbestos control? Yes. When was the earliest time that that problem came to * DEAN MOBURG & ASSOCIATES - Court Reporters - UA 2*31 10 - S.attlo and Evoratt, Washington 135 MT-PWHD-009106 1 2A 30 4A 5 60 7 8A 9Q 10 A I1 Q 12 13 A H n 16 17 Q 18 19 A 20 Q 21 A 22 23 0 24 A 23 Q your attention? . Probably during the1940's. What was the circumstance? Well, you recommended that respirators be worn, and nobody paid any attention to them. Did you have any support problems at the Long Beach Naval Shipyard concerning asbestos? I don't recall. Did you have any problems at Puget Sound? Yes. What kind of problems did you have in Puget Sound in that regard? Same thing. I would recommend respirators and nobody would enforce the wearing or promulgate an order that people should wear respirators. I think they eventually did. Did you have a problem getting the production department to get their people to use proper housekeeping methods? Yes. Did they tell you why? I think the usual excuse would be that it interfered with production. It slowed down production? It slowed down production. And that it would be more costly? ____________ DEAN MOBURG 4 ASSOCIATES - Court Raportars . UA 2-3110 - Saottl* and Evaralt, Washington ____________ 136 ' .1 MT-PWHD-009107 i 11 A 2Q 3 4A 5 6Q 7 8 9A 10 Q II 12 13 14 n 16 17 Q 18 19 20 21 22 A 23 Q 2-1 A 23 Yes. Did you have the same problem relative to use of ventilation? Yes. It usually required pretty good funds to put in, and they weren't always available. Are you aware that various shipyards of the United States Navy bid against one another for repair and overhaul of Naval vessels? Yes. ' And was that one of the reasons, to your understanding, that the production department wanted to keen production costs as low as possible, so they would get the work? MS. CAPLANE: I object. That calls for speculation on the part of the witness. if you have information. You can answer THE WITNESS: I don't have that information. (By Mr. Hoch) Did you have any conversations with the production department as to the importance of these procedures, that would be housekeeping and ventilation relative to asbestos, despite the cost and efficiency complaints ? Yes. What did they say? I think they agreed that probably would be a good thing to do. DEAN MOBUHG 4 ASSOCIATES - Court Rtportsrs - MA 2-31 10 - Soattl* and Evsrstt, Washington 137 MT-PWHD-009108 1Q 2A 3Q 4 5 6 7 8 9A 10 Q 11 A 12 Q 13 14 13 A 16 Q 17 18 19 20 21 A 22 0 23 2^ 23 A Is there a but after that? Yes, but nothing much happened. Did you ever have any conversations, Mr. Bessmer, at any time while you were at Puget Sound with representa tives of the National Association of Heat and Frost and Asbestos Insulators or asbestos workers, do you know what Union we're talking about, the Asbestos Workers Union? 1 don't recall any. Did you ever receive any of their publications? This green sheet, is that one of them? Might well be. Did you ever receive any of them other r than that green sheet we're making reference to, the 4 industrial hygiene report? Yes. I don't recallany others. In this report, which is Defendant's Exhibit E, there is a conclusion that indicates that there are pulmonary abnormalities found in some boilermakers and in clerical workers. Was that somewhat of a surprise to you when you finally sat down and did the statistics? No. Did you have that in mind prior to actually doing statistics, that that would be the kind of outcome you would reach? I had a suspicion. e dean MOBURG S ASSOCIATES - Court Reporter* - MA 2-31 10 - Seottl* and Everett, Washington * 138 , $ 'r , MT-PWHD-009109 IQ 2A 3Q 4A 3 60 7 8 9 10 I1 A 12 Q 13 14 n 16 17 Q 18 19 A 20 21 Q 22 A 23 24 23 What was your suspicion based on? Gut feeling. Can you elaborate just a little more? No, I can't really, because, no, just really just a suspicion that I had over the vears. Was a suspicion based on the fact that when you observed asbestos operations going on you realized that the freeborne asbestos fibers were being blown to other areas, other compartments and to other trades who were potentially going to breathe it in? No, not particularly that. Okay. MR. FISH: Can you give us a hint? THE WITNESS: Well, I kept getting these low samples. I didn't really believe them, and I don't know why I didn't believe them, I just didn't. (By Mr. Hoch) You didn't believe your own sampling that you were taking? Yes. I used approved procedures. I didn't think I was getting valid results. Did you ever discuss that withanyone? I don't think so. They have changed the sampling procedure since I left the field. I think that bears out my suspicions. MR. FISH: Has it been changed throughout the ____________ DEAN MOBURG 4 ASSOCIATES - Court Rtportoro MA 2-3110 - Soattlo and Evorott, Washington _________ 139 MT-PWHD-009110 1 Navy? 2 THE WITNESS: I can't answer that, but I 3 think they are using phase microscopy and Millpore 4 filters, that's a trade name, this type of thing, which 5 6Q we were just barely getting into. (By Mr. Hoch) There was a followup report, which is 7 the report you brought to us, which we labeled as H Exhibit A. 9A 10 Q 11 That blue one. ' Yes. It's the blue one. What part did you have in the authorship of this particular report? 12 A 13 The same. I corrected the date, the English and made w it read smoother. 14 Q I have no further questions at this time. 13 MR. HOCH: Mr. Judy, do you have any questions 16 at this time? 17 18 EXAMINATION 19 BY MR. JUDY: 20 Q Mr. Bessmer, my name is Larry Judy, and the reason 21 I'm going to ask you a couple questions about Exhibit 22 A is because I sat at the other end of the table and 23 read it while you were talking to Mr. Hoch earlier this 2-t afternoon. I'm going to sit next to you, with the 23 consent'of your attorney, because this is the only copy ________________ * DEAN UOBURG 4 ASSOCIATES Court FUportora - MA 2-3 1 10 - S.ottlo and Evarstt, Washington ___________ 140 MT-PWHD-009111 I 2 i 3 4A 3Q 6A 7Q 8 9A 10 Q 11 12 A 13 Q 14 A 13 Q 16 17 IK A 19 20 Q 21 A 22 Q 23 2-i A Q we have here. If you think I'm overbearing or whatever, tell me so, I'll sit down and move back across the table, okay? If you start swinging, just let me back up a little bit. Can you tell me when this document was promulgated? 1970, I believe. Okay, were you still at the Puget Sound Naval Shipyard at the time this document was promulgated? Yes. . And what was your job title or position at the time this document was issued or promulgated? Industrial hygienist. " Had you been assigned over to your new position yet? 4 No, shortly thereafter. Other than correcting the English and smoothing out language, did you play any other part in the preparation of Exhibit A? No, except I initiated the search for the data to start it. Okay, did you review Exhibit A before it was promulgated? Yes. Did you play any part in the selection of the photographic sites for the photographs in Exhibit A? No. When you reviewed Exhibit A before it was issued, did you a DEAN MOBURG & ASSOCIATES - Court Raportara - MA 2-31 10 - Soattlo and Evaratt, Washington ----------------------------------------------------- 141 PRODUCED JM-83 MT-PWHD-009112 I 2 3A 40 5 6 7A H0 9 10 A 11 12 Q 13 14 A n 16 Q 17 A 18 0 19 20 A 21 22 Q 23 24 A 23 make any changes to any of the contents of the document as authored by others? No. Can you tell me whether Mr.Mangold or Mr. Beckett was primarily responsible for the document, or were they jointly responsible for authorizing the document? Mr. Mangold was primarily responsible. And what part did Mr. Beckett play in the production of Exhibit A? ' Mr. Beckett was assistant to Mr. Mangold, and I believe he did some of the counts, took some of the samples. Now there is a letter from R. E. Fawcett within Exhibit A. Who is Mr. Fawcett, to your knowledge? I I don't know the gentleman. That says he's an assistant chief of research. Did you know Lieutenant Commander S. H. Barboo? Yes. What title or position did he hold in the Navy at the time Exhibit A was promulgated? He was head of the industrial hygiene and safety branch, Medicine and Surgery. Was Lieutenant Commander Barboo's occuoation a position to which you rendered reports from time to time? Well, if we sent reports to the Bureau of Medicine and Surgery, they usuallv wound ud on his desk. ___ * DEAN MOBURG 4 ASSOCIATES Court Rtporloro - MA 2-3110 - Sooltlo and Evoroii, Washington * _______ 142 . MT-PWHD-009113 10 2 3A 4Q 5A 6 70 H 9A 10 0 11 12 13 A 11 0 13 16 17 1H 19 20 Q 21 22 23 24 A 23 Q Did your iob position have a direct reporting relationship to Lieutenant Commander Barboo at BUMED? No. Who is Alex Munton? He was the industrial hvgienist at Portsmouth Naval Shipyard, New Hampshire. And PoNSY would be the abbreviation for Portsmouth Naval Shipyard? Yes. ' Do you have any knowledge as to why a copy of Lieutenant Commander Barboo1s December 10, 1969 letter was sent to Mr. Munton? No, I do not know. * Then when you reviewed Exhibit A, which we have before us, did you compare the content of Exhibit A with the earlier August of 1968 report, Exhibit E? MS. CAPLANE: You mean today? MR. JUDY: No. THE WITNESS: I don't believe so. (By Mr. Judy) When you reviewed Exhibit A prior to its promulgation, did you note any changes in Exhibit A over the contents of Exhibit E, the August of 1968 report? I don't recall any. At the time Exhibit A was promulgated, do you recall whether * DEAN MOBURG & ASSOCIATES Court Reporters * MA 2*31 10 Stottl* and Evaratt, Washington * 143 . MT-PWHD-009114 1 2A 5 4Q 5 6 7A 8 90 10 A 1l 12 Q 15 A 14 nQ 16 A 17 18 19 20 21 22 25 2^ 25 ____ the TLV or MAC or asbestos had changed? It had not. I think it was still five million particles per cubic foot. Do you know whether any change under TLV or MAC or asbestos was contemplated at the time Exhibit A was promulgated? Yes, I think it was probably as an intended change in the ACGIH listing. Do vou know what the change was to be to? I think it was two fibers per millimeter of air over a certain size, which I don't remember. Okay, why was Exhibit A promulgated, to your knowledge? We thought it was of sufficient importance to bring it to the attention of just about everybody. To whom was Exhibit A distributed? I don't know the whole list. I know it went to the Bureau of Medicine and Surgery. It was put in the, what's that outfit, that publishes records, where anybody can go get a copy of it if they want it? I don't remember the title. MR. ROBERSON: Library of Congress. THE WITNESS: I don't think it was the Library of Congress. MR. JUDY: The Federal Register? MR. CONROY: The U. S. Printing Office? e DEAN MOBURC & ASSOCIATES Court Reporters - MA 2-31 10 Seattle and Everett, Washington e 144 MT-PWHD-009115 1 2 3 4 3 6 7Q 8 9 10 11 I2 A 13 Q 14 13 16 17 A 18 Q 19 20 21 >> A 23 Q 2^ 23 A MR. VAN DAM: How about the Pasadena Public Library? THE WITNESS: I can't remember what it was. It was none of those, but it was there. It's someplace where reports go or are buried, I guess, until somebody wants them. (By Mr. Judy) At the time Exhibit A was published, it appears to have been broken into two parts. Looking at the Table of Contents, one is clinical environmental findings, and the other is control methods, is that correct? Yes. r With reference to the control methods, were there any rules, regulations or policies of the United States Navy indicating that these control methods should be implemented? Not to my knowledge. At any time, to your knowledge, following the promulgation of Exhibit A, were the control methods set forth in Exhibit A required by any regulation of the United States Navy? I don't recall any in any particular time frame. The photographs at the back of Exhibit A, there are several of them, do you know where they were taken? At the Puget Sound Naval Shipyard. DEAN MOBURG 4 ASSOCIATES - Court Rsportsrs - MA 2-31 10 - Ssottls and Evaratt, Washington __________________ 145 MT-PWHD-009116 1 2 3 4 3 6 7Q H 9 10 Ii 12 A 13 Q 14 13 10 17 A IH Q 19 20 21 >i A 23 Q 2^ 23 A MR. VAN DAM: How about the Pasadena Public Library? THE WITNESS: I can't remember what it was. It was none of those, but it was there. It's someplace where reports go or are buried, I guess, until somebody wants them. (By Mr. Judy) At the time Exhibit A was published, it appears to have been broken into two parts. Looking at the Table of Contents, one is clinical environmental findings, and the other is control methods, is that correct? Yes . With reference to the control methods, were there any rules, regulations or policies of the United States Navy indicating that these control methods should be implemented? Not to my knowledge. At any time, to your knowledge, following the promulgation of Exhibit A, were the control methods set forth in Exhibit A required by any regulation of the United States Navy? I don't recall any in any particular time frame. The photographs at the back of Exhibit A, there are several of them, do you know where they were taken? At the Puget Sound Naval Shipyard. DEAN MOBURG 4 ASSOCIATES - Court Reporter! - MA 2-31 10 - Ssottls and Evaratt, Washington 145 .. _... .. PRODUCED JM-83 MT-PWHD-009117 10 2 3 4A 5Q 6A 7Q 8 9 10 A 11 Q 12 13 14 nA 16 17 Q 18 19 20 21 A 22 23 24 Q 23 You earlier today described a back ventilation at an amosite cutting table. Does Figure 8 show a back ventilation system? Yes. Does it also show a man wetting down the products? Yes. At any time while you were the industrial hygienist at Puget Sound Naval Shipyard, were protective clothing issued to asbestos workers? ' No. Exhibit A, Figure 8, a photograph indicates a man apparently, according to the caption, wetting down an 'r amosite product. In your opinion, as an industrial hygienist, should that man have been wearing a respirator? The air was very clean in this area, I don't think a respirator was required. Figure 9 shows a man, as I perceive it, in the process of cutting an amosite mat, at least according to its caption. Should this man have been wearing a respirator, in your opinion, as an industrial hygienist? This is the same area. I really don't think it would be required, provided the ventilation was maintained properly. Was it, among your functions as an industrial hygienist at Puget Sound, to check that ventilation systems were * DEAN MOBURG 4 ASSOCIATES - Court Reporters - MA 2-31 10 - Seattle end Everett, Washington e 146 , MT-PWHD-009118 I maintained properly? 2A We checked air flows from time to time, and if they 3 were below what was required, we would so notify the 4 5Q shop. How would you know what air flow was required at 6 particular locations in making these checks? 7A Well, a number of our standard ventilation texts would 8 have air flow requirements for various types of dust 9 particles, sizes, weights, density, these types of 10 things. II Q Were those texts available to you at the Puget Sound 12 13 A Naval Shipyard? Yes. * 14 Q n Were they maintained in some sort of library or reference work area? 16 A Yes. 17 Q Where was that library or reference work area? 18 A Medical Department. 19 Q And if initial volumes are required or requested for 20 that library, to whom would a request for a volume be 21 addressed? 22 A I would send the request to the shipyard librarian. 23 Q 2-t And when you left the Puget Sound Naval Shipyard, was there somebody occupying that position as librarian? 23 A Yes. ________________ * DEAN MOBURC 4 ASSOCIATES - Court FUporl.r. - MA 2-31 10 - Soolllo and Evorott, Washington _________ PRODUCED -83 MT-PWHD-009119 1Q 2A 3Q 4 5A 6Q 7A 8Q 9 10 A 1I Q 12 li A 14 13 0 16 17 18 A 19 Q 20 21 A 22 Q 23 A 2-4 Q 23 Was there a librarian at the Long Beach Naval Shipyard? I don't know. Now Figure 9 appears to me to indicate some product on the floor, is that what it looks like to you? Yes. Does that look like good housekeeping practices to you? Not particularly. Does Figure 7 indicate what might be described as a sucker ventilation system? ' Yes. Figure 5 has in its caption, the words "Torit", Can you tell me what a torit is? w I think it's a manufacturer's name for a blower or sucker. . Part II Control Methods, on Page 2 it talks about respirators and protective clothing. Do you recall reviewing this section before Exhibit A was promulgated? Yes. Did you participate in the testing of respirators for use at the shipyard? No. Do you know who did? No, Idon't. Are any of the respirators described in Exhibit A in this section, airline respirators? DEAN MOBURG & ASSOCIATES - Court Roportors - MA 2-31 10 - Soottlo and Evorott, Waihinqton --------------------------------------------- 148 , MT-PWHD-009120 IA 2Q 3 4 5 6A 7Q 8 9 10 11 A 12 Q " 13 14 A 15 Q 16 17 A 18 Q 19 20 21 A 22 Q 23 2-3 25 A No. Was the use of airline respirators in connection with asbestos insulation or removal considered, during your tenure as industrial hygienist at Puget Sound Naval Shipyard? No. The same section, Paragraph B of Part II discusses the use of disposable coveralls. Were disposable coveralls ever used while you were an industrial hygienist at Puget Sound Naval Shipyard? No. At the Puget Sound Naval Shipyard, were separate changing 9 areas provided for asbestos workers? No. At thePuget Sound Naval Shipyard, wereseparate showering areas provided for asbestos workers? No. In your opinion as anindustrialhygienist, should separate changing areas have been provided to asbestos workers? Yes. Can you tell me when in point of time it would have been proper industrial practice to provide separate changing areas for asbestos workers? Well, with hindsight, it should have been at the DEAN MOBURG 4 ASSOCIATES - Court Rsportsrs - MA 2-31 10 - Soattlo and Evaratt, Washington 149 . MT-PWHD-009121 1 2 3 40 5 6A 7Q a 9A in Q 11 12 13 A 14 Q 13 16 17 18 19 20 A 21 Q 22 23 A 2^ Q 23 beginning, at the time at the state of the art. At this time, I should assume that just about that time, it would have -- (Pause.) Sometime around 1970, the state of the art would have required it? State of our knowledge, yes. Would that have been the same with respect to separate showering areas for asbestos workers? Yes. Now Exhibit A makes reference to a study of the actual usage of respirators by asbestos workers. Do you recall that study? Not really, no. Exhibit A indicates that paragraph B, Part II beginning on Page 2, "Respirators were first issued to pipecoverers and insulators at PSNS early in the 1950's, and were required in 1960." Do you recall that respirator came to be required at the Puget Sound Naval Shipyard in 1960? No. Do you know who at Puget Sound Naval Shipyard would know when respirators came to be required? Probably the production department. The paragraph then quotes, "The emphasis waxed and waned until about 1967 when the industrial hygiene division __ DEAN MOBURG 4 ASSOCIATES - Court Raportars - UA 2-31 10 - Saattlo and E*orott, Washington ____________ 150 MT-PWHD-009122 1 2 3 4 5A 6 7 8 9 10 0 11 12 A 13 Q 14 13 16 A 17 Q 18 19 20 A 21 Q 22 23 2-t A 23 0 began urging strict compliance based on epidemiological data which showed that asbestos was still a serious occupational health problem." Can you tell me what epidemiological data is referenced to in that sentence? On data that I know of in that form is the data that is in here when we started gathering data on lung conditions. MR. CONROY: To clarify the record, what exhibit are you referring to here? (By Mr. Judy) We're referring to Exhibit A, isn't that correct? Yes. ,, Now the August, 1968 report. Exhibit A. indicated nulmonarv abnormality for 22 insulation workers, is that correct,Mr. Bessmer? Yes. By the time Exhibit A was published, had asbestosis been confirmed, to your knowledge, in any of those 22 workers? I believe in one. Since Exhibit A was published, do you have any informa tion that any more than one case of asbestosis was confirmed? No. Was Dr. McBrantney the medical director at Puget Sound ________________ DEAN MOBURG 4 ASSOCIATES Court Rportr - MA 2-31 10 - S.oItU and Evorolt, Washington ____________ 151 . MT-PWHD-009123 1 2A 3Q 4 5 6A 7Q H 9 10 A 1I Q 17 13 14 13 Q 16 17 A 18 Q 19 20 21 22 A 23 Q 24 23 when Exhibit A was promulgated? Yes . The references within Exhibit A differs slightly from those in Exhibit E. Are you familiar with references cited in Exhibit A? I have read them, yes. When you reviewed Exhibit A, prior to its promulgation, I may have asked you this, were there any sections in the document which 39ith you disagree? No . Were there any sections of the document that you felt were not sufficiently firmlv stated? 9 MS. CAPLANE: I obiect to that question as being over broad. (By Mr. Judy) You may answer unless he tells you not to. I don't recall. You are acquainted with the labeling program for hazardous or potentially hazardous material that came into effect at the shipyards while you were at Puget Sound Naval Shipyard, is that correct? Yes. You indicated that you labeled or had asbestos containing products labeled, because you considered those products to require labeling, is that right? ___ * DEAN MOBURG 4 ASSOCIATES - Court Raportsrs - UA 2-31 10 - Soottlo and Evorott, Washington ------------------------- 152 , MT-PWHD-009124 1A 2Q 3 4A 5 6Q Yes. Were there certain products that the labeling program required to be labeled? I think eventually the Naval Supply system published a list of materials that should be labeled. When the program was initially promulgated, was there 7 8 9 10 A 11 Q 12 a list of materials that the program required be labeled or was it at the commencement a, "Use your own judgment. Here's some labels" type program? ` I think the latter statement is correct. I don't have any further questions. Thank you, sir. MR. HOCH: I have no further questions. 13 14 EXAMINATION 13 BY MR. FISH: 16 Q Mr. Bessmer, with respect to the labeling procedure 17 that you put into effect, can you tell us what the 18 label was that you put on the asbestos containing thermal 19 20 A 21 insulation products? The Navy came out with six labels for various tvpes of materials. And the one I put on asbestos stated, 22 "Inhalation Hazard." It had a blank space to write in the 2 3 name of the material. And I believe it said, "Respirator 2^ protection should be worn," something on that order, I 23 don't remember exactly. DEAN MOBURG 4 ASSOCIATES - Court Reporter* - MA 2-31 10 - Soottlo and Evorott, Washington 153 , MT-PWHD-009125 'Q 2I 3 4A 'Q 6 7A 8 9Q 10 11 A 12 Q 13 I 14 A nq 16 17 18 19 20 21 Q 22 HA 24 Q 23 Did you consider, as industrial hygienist, that the warning label that you put on there was sufficient to warn people who were working with asbestos at the time? No. What did you feel should be put on, other than what was put on that label? It wasn't so much what was on the label but the fact that nobody read the labels anyway. I'm not talking about that. Nobody wore respirators either at the time, isn't that correct? That is correct. Now when you said the fact that nobody read labels anyway, you didn't consider they were very effective? No. The reason you didn't consider them very effective was people were working around asbestos, were familiar with asbestos, isn't that right? MR. CAPLANE: I object. It calls for specula tion on the part of the witness. He doesn't know what was in their minds. (By Mr. Fish) You talked as asbestos workers, didn't you? Oh yes. Did you form an opinion, sir, that the asbestos workers knew they were working with asbestos over the years? ____ DEAN MOBURG 4 ASSOCIATES - Court Raportara MA 2-31 10 - Saottla and Eaaratt, Woahinqton a ---------------- 154 MT-PWHD-009126 IA *0 3 4 5 6 7 8 9 10 11 12 13 14 n 16 17 18 19 20 21 2 2 Q. 23 A 2t They knew they were working with asbestos, yes. And is there any doubt in your mind that asbestos workers knew there was a problem with breathing asbestos dust? MS. CAPLANE: I object to that question on the grounds that it is vague and ambiguous, and also as to the word "problem". THE WITNESS: What was the question again? MR. FISH: Read the question back. THE REPORTER: "Is there any doubt in your mind that asbestos workers knew there was a problem with breathing asbestos dust?" 9 MR. FISH: My problem, we'll clarify that to mean a health hazard breathing asbestos dust. MS. CAPLANE: I object to that on the grounds that health hazard is a bit ambiguous and confusing. MR. SILBERFELD: It is also vague and ambiguous as to at the time and place. MS. CAPLANE: It also calls for speculation on the part of the witness. I don't like the form. MR. FISH: That's too bad. (By Mr. Fish) Can you answer the question? I think they knew it was a health hazard, yes. In fact, in the Exhibit E, paragraph No. 5, you mentioned, "Most insulation workers were aware that exposure to asbestos, __ * DEAN MOBURG ASSOCIATES - Court Reporters * MA 2-3110 - S*ottl and Evrttf Washington * 155 MT-PWHD-009127 I 2 3A 4Q 3 6A 7Q *A 9Q 10 A I1 0 12 13 A 14 13 Q 16 17 A 18 0 19 20 21 22 0 23 24 23 even at low concentrations, is hazardous." Is that correct? Yes. You wouldn't have made that statement if it wasn't true, would you? Hopefully not. Did you? Did I? Make that statement if itwasn't true? No. In your mind, sitting here today, there is no doubt that that statement is true, isn't it? There is no doubt in my mind that the statement is true, that is correct . That insulationworkers were aware that exposure to asbestos, even at low concentration is hazardous. Yes. And I'm going to stand. Let the record reflect I'm standing. MS. CAPLANE: Move the table back so he may have passing room. (By Mr. Fish) Now the warning label that you put on, assuming the people took the time to read it, would you feel it would have been sufficient to advise people that there was a health hazard in breathing asbestos dust? ... * DEAN MOBURC 4 ASSOCIATES - Court R*portr - MA 2-3110 - Soottlo and Evr*tt, Washington -------------- 156 . MT-PWHD-009128 IA 2Q 5 4 5 6 7A 8Q 9A 10 Q 1I 12 A 1} Q 14 A 15 Q 16 A 17 0 18 19 A 20 Q 21 22 A 25 Q 24 25 A Yes. Let's talk about that a little. The survey that you did at Mare Island Shipyard, do you remember you said when you got there that one of the things you did, you instigated a survey, you examined all the different areas of the yard to find out and identify health hazards? Yes. And that survey took in Shop 56, didn't it? Yes. .' Now I don't remember, and I apologize to you if you already told us, but was that survey written? Yes. r Did you keep a copy of that survey? I did not, no. Did you leave it at Mare Island? Yes. Did copies of surveys that you wrote go to your immediate superior, the medical officer? Yes. The copies that go to the medical officer, are they also sent someplace else by you or were they then? No. So the first place that your survey would have gone to was your boss, the medicalofficer? Correct. DEAN MOBURG 4 ASSOCIATES - Court FUportsrs - MA 2-31 10 - Soottlo and Evaratt. Washington 157 ----------------------- MT-PWHD-009129 I0 2 And that was up to your boss to do something with that survey? 3A Yes. 4Q What is your understanding of what a boss was to do with 5 the survey? 6 AThis particular one at Mare Island? 7Q 8A Yes. It was to be forwarded via channels to the Bureau of 9 10 Q 1I 12 A Medidine and Surgery. That same procedure is used through the Naval Shinvard. isn' t it? Yes. , 13 O We don't have a different Navv at Long Beach than at 14 Mare Island or Pueet Sound, do we? 13 MS. CAPLANE: I obiect. that calls for 16 speculation on the Dart of the witness. 17 MR. FISH: Is there a Russian Navy down at 18 Long Beach or in Puget Sound? 19 MS. CAPLANE: If you're talking about policy, 20 it's the same Navy. Okay, same Navy. 21 MR. FISH: Well, is it, I don't know. 22 MS. CAPLANE: It's the same Navy, it's the 2 3 same Navy. 28 MR. HOCH: Wait a minute, children. 23 MR. FISH: Wait a minute, let's find out. DEAN MOBURG 4 ASSOCIATES - Court Roportoro - MA 2-3110 - Soottlo and Evorott, Washington 158 MT-PWHD-009130 Ij 2! 3 4 5 6 7 H 9 10 0 11 12 13 A 14 Q n 16 17 18 19 A 20 0 21 22 A 23 Q 2a 23 MS. CAPLANE: Oh come on. MR. FISH: Wait a minute, now, you were at the Long Beach Naval Shipyard - MS. CAPLANE: Call out the gunners. MR. FISH: When you were at the Long Beach Naval Shipyard, was it the same Navy that you encountered that was running the shipyard that was running the Mare Island Shipyard? .. THE WITNESS: Yes. ' (By Mr. Fish) And it's the same Navy that was running it in Long Beach and Mare Island, who also was running it at Puget Sound, wasn't it? Yes . 4 I was wondering about that for a minute. And the procedure that is set forth in the United States Navy for industrial hygienists, applies throughout the United States Naval facility where industrial hygienis ts are provided, isn't that correct? Yes. And it has been done as long as you have been with the United States Navy, isn't that correct? 1 Yes . Now let's take the survey that was done at Mare Island Shipyard. What recommendations did you make in connection with the asbestos exposure to asbestos workers at that DEAN MORURG & ASSOCIATES - Court Reporters - MA 2*31 10 - Seattle and Everett, Washmqton * 159 MT-PWHD-009131 1 2A 3Q 4A 3 60 7A HQ 9 10 A 11 Q 12 13 A 14 13 Q 16 I7 A 18 Q 19 20 A 21 Q 22 A 2* 0 2-4 23 A shipyard? I didn't make any. Did you make some comments concerning Shop 56? I should clarify, I don't believe I surveyed Shop 56, I think one of the other officers did. And they did it in connection with your work? It was not under mysupervision, no. Did you review the work that was done with Shop 56 at Mare Island? ' No. How do you know there was a survey of Shop 56 at Mare Island? We were required to survey the entire shipyard; I assume there was. Did you divide up the work, is that what you're telling us ? Yes. What work were you responsible for at Mare Island Shipyard? I did the foundry and the machine shop. Who did the asbestos workers? I don't know. Were you ever told the results of the survey of the asbestos workers? We had a copy of a survey, but I don't remember what it DEAN MOBURG 4 ASSOCIATES Courl Reporters - UA 2-31 10 - Saattlo and Evarstt, Washington --------------------------------------------- 160 , PRODUCED JM-83 MT-PWHD-009132 1 2Q 3 4A 5Q 6 7 8 9 10 11 12 13 14 Q 13 A 16 Q 17 A 18 0 19 20 21 22 23 A 24 Q 23 A said. All right, do you remember in general there were some comments about Shop 56? I don't even remember that, to tell you the truth. Now you brought with you certain material here todav, and they have been marked for identification, and I think there was a stioulation that we entered into off the record that we should put on the record, and the stipula tion is that you would like all this material back, I guess, is that correct? MS. CAPLANE: The stipulation was that the court reporter would make copies of the original and return the originals back to Mr. Bessmer. (By Mr. Fish) Do you want all this material back? I 3vould appreciate it. They came out of your personal files, didn't they? Yes. The stipulation will be that the court reporter will mark these as exhibits, will copy them, copies will be attached to the deposition and used as originals. When the deposition is sent to you, the original will be returned to vou for safe keeping. Yes. Would you keep them for us? Sure. DEAN MOBURC 4 ASSOCIATES - Court Roportoro - MA 2-3110 - SoottU and Evorott, Washington * 161 . MT-PWHD-009133 IQ 2A 3Q 4 5 6 7 8 9 10 11 12 13 14 I3 16 17 Q 18 19 20 21 A 22 0 23 24 A 23 Q The originals? Yes. Thank you. MS. HOCH: Before you go on, Mr. Silberfeld, are you present in the room? MR. FISH: Mr. Silberfeld told me off the record that he had the authority to bind the people who have been served their complaints, and they are on file and served, who are plaintiffs in this action; and he's apparently representing their interests here in addition to his own plaintiff's interests. MR. SILBERFELD: Yes. MR. FISH: And you will enter into that stipulation? MR. SILBERFELD: So stipulated. MR. FISH: Thank you. (By Mr. Fish) One of the documents that you brought was what was marked as D-l and it's a November 1, 1972 issue of the Bremerton Sun. Did you cut this out at about the time it appeared in the Bremerton Sun? Yes. And did you have anything to do with the article itself, were you interviewed? . No. Do you know Mr. Francis E. Mox, the shop foreman at ______________ DEAN MOBURG 4 ASSOCIATES Court Roportor* - UA 2-3110 - Soottlo and Evorott, Washington ___________ 162 , MT-PWHD-009134 *j 2A 3Q 4! A 5Q 6 7 8 9A 10 Q 11 12 A 13 14 13 0 16 17 18 A 19 0 20 A 21 22 Q 23 24 A 23 Q 56? No. Have you ever heard of him? No. He says, "That the program for eliminatingasbestos problems was going on for years. Started, for instance j back in '52, when we had the respirators then." Is that your recollection also? Well yes, they had the respirators. ` The same thing as the warnings, is thatwhat you are [ I ! j J i j trying to tell us? | I had told them about they should be wearing respirators and so on, yes. no. As far as any big, normal macho program, | | When did you tell asbestos workers to wear these respirators, you mentioned macho program, was it considered to be not macho to wear respirators? I didn't mean to imply that. What were you trying to tell us? Well, what I was saying that there was no big formalized program. But you would personally tell asbestos workers to wear respira tors? And shop supervisors. And the people who were in charge of the shops? i DEAN MOBURG 4 ASSOCIATES Court Raportars - MA 2-3110 Saottla and Evaralt, Washington ------------------------------------ ----------------- 163 , MT-PWHD-009135 IA 20 3 4 3A 60 7 H 9 10 Q 11 A 12 13 Q 14 13 16 17 18 19 20 21 22 23 2-1 0 23 Yes. All right, Mr. Hoch asked you some questions about whether or not you had read the citations in Exhibit A and Exhibit E, you said you had? Yes . You have read those citations, the documents that are referred to in Exhibit A and Exhibit E? MS. CAPLANE: He testified he read the list. THE WITNESS: I believe that I have. (By Mr. Fish). All right. Because I have those publications available. I read about everything. The publications that were affixed to Mr. Marr's report, are you familiar with those also? Can I approach the witness, Ms. Caplane? MS. CAPLANE: I guess so. MR. FISH: Thank you. MR. HOCH: Talk talk, Vini, it's snowing. THE WITNESS: Okay, as I go down, No. 6, I'm not familiar with, No. 7, I'm not familiar with, No. 9 and 10 I'm not familiar v/ith, No. 13 I'm not familiar with. Mo. 19 I'm not familiar with. No. 20 I'm not familiar with, No. 21 I'm not familiar with and No. 22. (Bv Mr. Fish) All riqht. the rest of them, vou have been familiar with in the nast, is that correct? 4 ____* DEAN MOBURG 6 ASSOCIATES Court Reporters MA 2-31 10 - Seattle and Everett, Washington e____________ 164 PR0piJCED -83 MT-PWHD-009136 IA 21 3A 40 3 6A 7Q 8 9A 10 Q 1I 12 A 13 Q 14 n 16 17 18 19 20 21 A 22 Q 23 2-t 2^ A Publications were available to me, I assume I read them. Thev have been available to vou for a number of vears? Yes. At least when vou started at Puget Sound at the very minimum? Right. When did you think they were available to you at the earliest date, if you could tell us? The date ofpublication. ` All right,that dateof publication is shown in the exhibit? Right. * The document that we're referring to, the Marr exhibit, that has been marked as Defendant's Exhibit L to Dr. Watkins' deposition, entitled Asbestos Expsoure during Naval vessel overhaul. Now I'd like to show vou also Exhibit D to Dr. Watkins' deposition which has been identified as the Sheehan report. Now I know you haven't seen this before today, I guess, when you testified, isn't that correct? Correct. I'd like toshow you the listof references that were affixed to that report and ask you if you are familiar with that list of references on the second page? Yes, the fourreferences cited,I am familiar with. _________ * DEAN MOBURG & ASSOCIATES * Court Roportors - UA 2-3110 - Soattlo and Evorott, Washington 165 . MT-PWHD-009137 ^' ** , ,J *A 4! Q 5j A 6| Q 7! I HI A 9Q 10 I i 11 I 12 I A i 13 i MQ 15 ! 16 A i >?! Q 19 j 20 , 21 i A 22 . Q 2' A 2-'i Q ! 23 |1 i ii Thank you, sir. You are also familiar with the equipment that is set forth in the bottom of the page? No. You don't know what they are? I know what they are, but I'm not familiar with it. Did you use that type of equipment at Puget Sound Naval Shipyard? No . Are copies of the survey that you made at the Mare Island Shipyard or made by other industrial hygienists at other shipyards, are they centralized anyplace? They should be centralized at the Bureau of Medcine and Surgery, but I do not know of my own knowledge. Is that what your understanding is of what happened to them after they had been made? Are the surveys that are made at the various shipyards of hazardous occupations or hazardous conditions, are they circulated to other shipyards in any way so that people will know what is going on? No. Other than what I said before. And this excerpt of - (Interposing.) That is correct. That's the only way you are able to Ret some information as to what's haoneninR in another vard? _ DEAN MOBURG 4 ASSOCIATES - Court Roportoro MA 2-3110 - Soottto and Evorott, Washington ------------- --- 166 MT-PWHD-009138 1A 2 30 4 5 6 7 H 9A 10 Q 11 12 13 A 14 Q 13 16 A 17 Q 18 19 20 A 21 Q 22 A 23 Q 24 23 Either that or informal communication between the industrial hygienist. Did you ever, during the time vou were at Puget Sound Naval Shipyard have any communication with anv industrial hygienist at the Lone Beach Naval Shipyard regarding their experiences there, other than Mr. Sheehan or Mr. Sheldon Manning, asking if thev had anv suggestions, to get them off the not down there at the industrial hygiene? No. ' Did Mr. Sheldon Manning ever tell you he was able to get those people off the pot in Long Beach? Did he tell you things were about the same? No , I don't recall. Were you surprised with Mr. Sheldon Manning's comments to you concerning Long Beach Naval Shipyard? Somewhat. Did Sheldon Manning tell you anything also about the industrial hygiene billet at the Long Beach Naval Shipyard other than what you have already related to us? I don't recall anything. I guess his boss would have been a medical officer also? Yes. When you received Mr. Manning's letter of October 15, 1968, were you surprised at all by the percentage of long abnormalities referred in there? _ DEAN MOBURG 4 ASSOCIATES - Court Roportoro - MA 2-31 10 - Soottlo and Evoratt, Washington * --------------------------- 167 . MT-PWHD-009139 IA 2 3Q 4 5A 6 7 HQ 9 10 11 A 12 Q 13 14 A nQ 16 17 A 18 Q 19 A 20 Q 21 22 A 23 Q 2-4 A 23 Q I don't recall being surprised. They roughly confirmed what we had found. Had you found that percentage at about the same time or earlier? It was roughly the same time. Well, a little earlier we had that, this is '68 and so is the other report we had. In connection with this deposition, did you review any records or files other than what you brought here today? No. Did you go back to the shipyard and look at the files there? No. Have you had any discussions with anyoneother than your attorney, Ms. Caplane, concerning this deposition? No. Have you had any discussions with Captain Watkins? No. Do you know Captain Watkins, Dr. Watkins, I guess Captain Watkins when he left? Yes. Had youany discussions with him? No. Have you had any discussions with anyoneconcerning the ________________ * DEAN MOBURG 4 ASSOCIATES * Coutl Reporters - MA 2-31 10 - Seattle and Everett, Washington e __________ 168 , MT-PWHD-009140 I asbestos litigation from the time you left the shipyard 2 up until today other than your attorneys? 3A No. 4Q Thank you, Hr. Bessmer for your courtesy. 5 (Recess 3:35 p.m.) 6 MR. JUDY: Hr. Bessmer, do you remember the 7 name Arco Industries, Inc. from the shipyard? 8 THE WITNESS: No. Thank you. I have no 9 other questions. ' 10 11 EXAMINATION 12 BY MR. FITZHUGH: r 13 Q Let me ask you one question: The Exhibit A and Exhibit E, 14 which are respectively your 1970 reports and your n '68 reports dealing with asbestos exposure, your reports 16 contain a table which outlines time weighted exposures 17 ,, of workers to various insulation products stating the 18 percentage of each material that a worker is exposed 19 20 A 21 Q 22 to? , Yes. Sir, do you know what data those tables were prepared from, if they were prepared from data? 23 A No, I don't. I believe this was just done by an 24 interview technique and an estimate. 23 Q In other words, these tables were drawn from estimates DEAN MOBURG S ASSOCIATES - Court Roportora - MA 2-31 10 - Saollla and Evarott, Washington 169 , MT-PWHD-009141 I acquired after interviews with insulation workers? 2 A Yes. 3 Q Thank vou. I have no further questions. 4 5 6 BY MR. SILBERFELD: EXAMINATION 7Q Dr. Bessmer, during the time you were at Mare Island, H can you give us an estimate of the population of the 9 10 A production workers there? ' No, I can't. It was at the beginning of the war, and I 11 know there were a lot of people there, but I don't know 12 13 Q 14 how many. * Do you have any estimate of the number of production workers at Long Beach Naval Shipyard during the time n you were there? 16 A The number 5,000 sticks in my mind, but I wouldn't swear 17 to i t. 18 Q Comparing the production population at Mare Island and 19 Long Beach during the period of time that you were 20 at each place, which place had the greater production? 21 A 22 Q Mare Island. Significantly greater? 23 A Yes. 24 Q At the time you were at Long Beach Naval Shipyard, as 23 I understand, that was from 1947 to '49, roughly? ______________ DEAN MOBURG & ASSOCIATES Court Reporters UA 2-3110 - SoaltlP and Eva rati, Washington a ___________ 170 . PRODUCED JM-83 MT-PWHD-009142 lA 2Q 3 4 5 6Q 7A HQ 9 10 11 12 15 14 Q 13 ' 16 17 i 11 18 ! A i19 O S. 1 20 1 21 22 i 23 : A 24 : Q 23 Yes . Was there active new construction or repair going on sir, or was the shipyard winding down prior to closing? - MR.JUDY: I object to the question on the basis it is compound. (By Mr. Silberfeld) Do you understand the question? Yes. There was some repair going on, not very much. Can you estimate for us, say in the year 1947, how many vessels were at the shipyard in a repair phase? MR. FITZHUGH-. I'm going to objet on the grounds of vagueness regarding the words "repair phase". THE WITNESS: I don't think I could give you an estimate on that. (By Mr. Silberfeld) Can you give us something more than a guess but less than absolute certainty? Do you have a number, something more than a guess based upon what you saw out there? It sure would be appreciated. Say, four. Do you know, again,not with absolute certainty, but an estimate, the number of workers who were engaged in either installing or removing asbestos during the years 1947 and 1949 at Long Beach Naval Shipyard? I couldn't give you an estimate on it. Now you said earlier that in hindsight, you would have instituted several safety divisions, such as labeling, _ DEAN MOBURG 4 ASSOCIATES - Court Roportors - MA 2-31 10 - SoattU and Evorslt, Washington __________ 171 MT-PWHD-009143 I 2 3 4 3 6 7 H 9 10 11 12 13 0 14 I3 16 17 18 A 19 Q 20 21 22 A 2\ 0 2-1 23 respirators and wetdown, vacuum systems, ventilation system, would it be a fair statement from an industrial hygenist's point of view that the amount of precautions dictated by the amount of hazards in any particular operation? HR. CONROY: I'll object to the question as being vague and ambiguous. HR. tIOCH: I join in that objection. HR. SILBERFELD: Would that be a correct statement? MR. FISH: Can I have the question read back? HR. SILBERFLED: Let me rephrase the question. (By Mr. Silberfeld) Would it be a correct statement, from the industrial hygienist's point of view, that the amount of precaution used in any operation is dictated by the amount of hazard in which a particular operation is understood to have? Yes. And would it be your testimony then that the amount of hazard which asbestos exposure was under, has changed over the years? Yes. So that the amount of hazards which asbestos exposure was felt to have in the '40's is different than what is felt to have today? _______________ * DEAN MOBURG 4 ASSOCIATES - Court Reporters MA 2*31 10 Seattle and Everett) Washington e__________ _ 172 PRODUCED JM -83 MT-PWHD-009144 IA iQ } 4 3 6 7 8 9 10 11 Q 12 13 14 13 16 A 17 Q 18 19 20 A 21 22 23 Q 2-1 23 Yes. And is the asbestos exposure today in the shipyards understood to be correct, greater than it was in the '40's ? MR. CONROY: I object to the question. What do you mean by asbestos exposure? MR. SILBERFELD: The hazards associated with asbestos exposure. MR. JUDY: How about from the date he retired from the shipyard until today? (By Mr. Silberfeld) From the date you retired from the shipyard, would it be a fair statement or a correct statement, rather, that the hazards associated with asbestos exposure the date you retired, considered to be much greater than they were in the'40's? Yes. What sources of information did you, as an industrial hygienist, rely upon in the '40's in determining the extent of a particular hazard in a ship? The information I had received at Columbia University, such textbooks and publications as were available then, published articles, the MAC's published bv the ACGIH. I take it your experience working in a shipyard was included as well as a source of information about hazards, right? ______ _________ DEAN MOBURG 4 ASSOCIATES Court Reporters - MA 2-31 10 * Seattle and Everett, Washington _______ _________ 173 . MT-PWHD-009145 1A 20 3 4A 3Q 6 7 8 9 It) 1I 12 13 19 17 Q 16 17 A 18 Q' 19 A 20 0 21 22 A 21 Q 24 27 A Yes. In thecourse youtook atColumbiaUniversity, was asbestos specifically discussed? Yes. And was anyindustry person involved in giving that program from the University, by industry I mean asbestos manufacturers ? MR. HOCH: I object to the question as being vague and ambiguous and unintelligible. What is meant by "in giving"? MR. FISH: Can I have the question read back? THE REPORTER: "And was any industry person j i , i j ! involved in giving that program from the University, by industry I mean asbestos manufacturers?" j I | (By Mr. Silberfeld) Who taught or presented the course at Columbia? On asbestos? Yes, the course you took, the asbestos portion of it? Dr. Leroy Gardner, LakeSarnac Institute. Do you know if Dr. Gardner had any affiliation other than the Sarnac Laboratory? t ! I) | At that time, I did not. ! Have you since learned, at the time you took the course, he had affiliations other than with Sarmac? ! Yes. ie DEAN MOBURG 4 ASSOCIATES - Court Reporters - MA 2-31 10 - Seottle and Everett, Washington 174 _____________ MT-PWHD-009146 I 2 3 4A 3Q 6 1 8 9 10 11 I2 13 14 nQ 16 17 A 18 Q' 19 A 20 0 21 22 A 23 Q 24 2*) A Yes . In Che course you Cook aC Columbia Universicy, was asbescos specifically discussed? Yes . And was any indusCry person involved in giving chac program from Che Universicy, by induscry I mean asbesCos manufacCurers ? HR. HOCH: I object to the question as being vague and ambiguous and uninCelligible. WhaC is meanC by "in giving"? MR. FISH: Can I have Che quesCion read back? THE REPORTER: "And was any induscry person involved in giving Chac program from Che Universicy, by induscry I mean asbescos manufacCurers?" (By Mr. Silberfeld) Who Caughc or presenCed che course ac Columbia? On asbescos? Yes, Che course you Cook, Che asbescos porcion of ic? Dr. Leroy Gardner, Lake Sarnac InsCiCuCe. Do you know if Dr. Gardner had any affiliaCion ocher Chan Che Sarnac LaboraCory? Ac ChaC Cime, I did noc. Have you since learned, ac Che cime you cook che course, he had affiliacions ocher Chan wich Sarmac? Yes . DEAN MOBURG & ASSOCIATES * Court Reporters - MA 2*31 10 - S*ottl* and Evrtt, Washington * 174 MT-PWHD-009147 1Q 2A 3Q *t 3A 6 7 8 9 10 Q 1I I2 A 13 0 II A n0 16 A 17 Q 18 19 20 A 21 2> 2\ Q 28 23 A With whom, sir, or what? Johns-Manville. What was his relationship with Johns-Manville as far as you know? Hearsay. MR. HOCH:I'll object on thatground. Go I ahead. THE WITNESS: It's my understanding that he was conducting research for Johns-Manville. (By Mr. Silberfeld) When did you learn that for the first time? Just recently. - Within the last five years? j, j Yes. j And you took this course at Columbia in what year, sir? 1942. - And can you summarize for us what Dr. Gardner taught you about the hazards of asbestos exposure in 25 words or less? It was my impression that long-term exposure to asbestos fibers would produce a fibrotic condition to the lungs very similar to silicosis; that it was relatively benign, j Did Dr. Gardner present anystatistics or report on any study he had done to support that general conclusion? I don't recall any. DEAN MQBURG 4 ASSOCIATES Court Reporters - MA 2-31 10 - Ssoltls and Evorelt, Washington 175 . WODUCEo JM-S3 MT-PWHD-009148 IQ 2 3A 4Q 5 6 7A H 9 10 11 12 13 14 n 16 0 17 1H 19 A 20 21 Q 22 23 A 2-t Q 23 A Did anyone else, other than Dr. Gardner, speak at Columbia in this course on the subiect of asbestos? Not to my recollection. Did it come to vou as a surprise that Dr. Gardner was affiliated with Johns-Manvi1le when you learned about it? Yes. HR. HOCH: Objection. Irrelevant, not calculatively discoverable, admissible evidence. MR. SILBERFELD: Had Dr. Gardner, when he gave his course at Columbia on asbestos, told those in attendance that he was affiliated in some sense with Johns-Manville Corporation? MR. HOCH: Same objection. THE WITNESS: I don't know, Idon't remember. (By Mr.Silberfeld) Were there anycoursematerials given out at that program or at that school that you took? I believe there were mineographed handouts, this type of thing. Were there specifically any handouts about asbestos for Dr. Gardner's portion of his course? I don't recall any. How long was Dr. Gardner's presentation, if you recall? I think probably half a day, something like that. It __ _____ DEAN MOBURG & ASSOCIATES Court Reporters MA 2-31 10 Seattle and Everett, Washington * 176 MT-PWHD-009149 i 20 3 4 5 6A 7Q X 9 10 1I A 12 13 Q 14 A nQ 1<> 17 A IK Q 19 A 20 21 0 22 A 23 24 2' wasn't very long. I don't recall exactly. ! All right, you said in response to questions by the other counsel, it was your experience while at the Shipyard, the respirators generallv were not used by the | 1 workers, is that a fair statement? Correct. You also said you mentioned in one of your publications !l that you had some frequent contact with asbestos workers, ! is that correct? You talked to them-at times, wouldn't you? j j In my perambulations around theShipyard, to them. ' That's what I'm referring to. Iwould talk j j II ! j No formal program. I Did any of them every tell you any reasons that they had for not wanting to wear a respirator? Yes. What reasons? They would say that it interfered with wearing of goggles, for example. What type of respirators are we talkingabout? ! I j M.S.A. Dust Fold. I forget the othernomenclature. This is a problem that we had with all the respirators. j i Every time they put them on, if they were wearing goggles,, they would push the goggles up, and they couldn't see. ......... ------------- * DEAN MOBURG & ASSOCIATES * Court Reporters - MA 2-31 10 - Seattle and Everett, Washington _ 177 MT-PWHD-009150 IQ 2A 3Q 4 3A 6 7Q 8 9 10 A II 0 12 A 13 14 13 16 Q 17 18 19 20 21 A 22 23 2-4 Q 23 That would inhibit the doing of the work? Yes. Any other complaints other than it should shift the goggles around? They didn't like to wear them, because it was uncomfort able, they couldn't breath sometimes. Did you get that complaint from more than a few workers, more than one or two, so that it wasn't an unusual response? Yes, I'd say so. Quite a few complaints about that, weren't there? Yes. MR. CONROY: , I object to that. I don't know what quite a few means, and I don't know if the witness does. Do you want to quantify that in some way? (By Mr. Silberfeld) How about any other complaints other than they were uncomfortable, that they tended to shift the goggles out of the way when goggles had to be worn, did any of the other workers you spoke to complain about inability to breath with the respirator? Yes. They would sometimes complain that it was difficult to breath. I generally found out that they had not changed the filters for six months. I move to strike the last part of that answer. During the time that you were at Long Beach Naval ________________ * DEAN MOBURG & ASSOCIATES - Court Reporter* - MA 2-31 10 Seottlo and Evorott, Washington 173 , ----------------- MT-PWHD-009151 1 2 3A 4Q 5 6 7A H 9Q 10 1I A 12 Q 13 MA 13 n 16 17 1H A 19 Q 20 21 22 A 23 Q 2-1 23 Shipyard from '47 to '49, I take it that you walked around the Shipyard as part of your job? Yes. During that time, did you see any brand name of any asbestos that was at Long Beach Naval Shipyard during those years? I don't recall any. I didn't pay much attention to brand names. Did you recognize any particular logos or letters that you can recall at this time? No. Did you at any time see asbestos materials or asbestos products in open packages in the yard? I don't recall seeing any that would register. You told us you were a member of a number of associations, I wrote them down somewhere. The American Industrial Hygienists Association, is that one? Yes. And that is an organization composed of industrial hygienists more than just governmental hygienists, is that correct? That is correct. Do you know if any member of this association are industrial hygienists for asbestos manufacturers? MR. HOCH: At what point in time are you _ * DEAN MQBURG 6 ASSOCIATES - Court Reporters MA 201 10 Soolti* ond Evorott, Washington *________________ 179 produced JM-$3 MT-PWHD-00915; 1 2Q 3A 40 3 6A 7Q 8A 9Q 10 A 1I Q 12 13 A 14 Q 13 16 A 17 Q 18 19 A 20 Q 21 22 2\ A 24 Q 23 talking about? (By Mr. Silberfeld) Any time. I don't know, I'd have to look at my roster. Did you ever attend any meeting of the American Industrial Hygienists Association? Yes. Did you ever attend any meeting from 1940 to 1950? I don't believe so. '50 to '60? ' Yes. During that ten year period, were any papers presented by any representatives of asbestos manufacturers? I don't recall. During that period, were there any speakers on any panels or programs at these annual meetings, if there were any? I don't recall. How about during the years '60 to '70, did you attend meetings of the American Industrial Hygienists Association? Yes. During that period of time, were any papers presented or speeches given by any representative by any asbestos manufacturers? I don't recall. During your years as an industrial hygienist, did you keep abreast of literature in your particular field? DEAN MORl'RG & ASSOCIATES - Court Reporters - MA 2-31 10 Ssattl* and Evsrsti, Washington *---------------------------------------------------- 180 . MT-PWHD-009153 IA 2Q 3 4 5 6A 7Q 8 9A 10 I1 Q 12 13 14 A n0 16 A 17 18 19 20 0 21 22 23 A 24 Q 23 Yes. From 1940 until 1960, do you recall seeing any articles in any publication that was written by any representative of an asbestos manufacturer that had, as its subject, health hazards associated with asbestos? I don't recall any. During the years '40 to '60, were you a subscriber to any particular publication? The shipyard, well, yes, I subscribed to the Journal, American Industrial Hygienists Association. You started to say shipyard. I got the impression the shipyard had a subscription or received at least various publications? Yes. Can you name some ofthose for us? Journal ofAmericanMedical Association, Journal of Industrial Medicine, Industrial Hygienist Index, Journal of New England Medicine. I can't name any more off the top of my head. In keeping up with new developments and industrial hygiene, did you make a practice to regularly review these publications? Yes. And your answer with regard to articles or papers in those publications about health hazards from any asbestos ________________ * DEAN MOBURG 4 ASSOCIATES * Court Reporters - MA 2-31 10 * Soottlt and Evtren, Washington * 181 i' . MT-PWHD-009154 1 2 3A 4 5Q 6 7 8A 9Q 10 A 11 12 0 13 14 A 13 Q 16 17 18 19 A 20 Q 21 22 23 24 23 manufacturer, would your answer be the same, you don't recall any? That is correct. I'm not saying that there weren't any, I'm just saying I don't recall anv. All right, one of the other associations you said you belonged to was a governmental industrial hygienist's association, what was the name of that again? American Conference of Governmental Industrial Hygienists. Did that group have regular meetings? They met at the same time as the American Industrial Hygienists Association. And did you attend the meetings of the governmental Industrial Hygienists group? Yes. Did any asbestos manufacturer or representative of any asbestos manufacturer ever present any papers or speeches to one of those meetings of the governmental Industrial Hygienists group while you were in attendance? I don't recall. You told us about warning labels that you had put on asbestos containing thermal insulation products here at Puget Sound when you were the industrial hygienist. During any of your years as an industrial hygienist in a shipyard, did you ever see a warning label that was from a manufacturer of asbestos containing product? ---------- DEAN MOBURG & ASSOCIATES * Court Reporters - MA 23I 10 Seattle and Everett, Washington *______________ 182 MT-PWHD-009155 IA 2Q 3 4 5 6A 7 H 90 10 11 12 A 13 Q 14 13 16 A 17 O 18 19 20 21 22 A 23 Q 24 23 I don't recall any. Were any of the articles that you authored, at least Exhibit A we talked about, was Exhibit A submitted to any asbestos manufacturing industrial trade group which you were aware of? I'm not sure it's a trade group, but fir. Mangold went back to New York to meet with Selikoff's group. I believe ' they took a copy of that along. j Did you receive any comment on your article, which is i | Exhibit A to this deposition, from any asbestos industry representative? No. Do you know if Hr. Mangold or the other gentleman who is listed as the author, received anv comment on the article from anv asbestosindustrv representative? I don't know of anv. At the time that vour epidemiological studv was ongoing, were vou aware of anv similar work being done bv anv asbestos manufacturer with regard to determining whether there is an association between asbestos exposure and disease? No. At any time, did you evercompare any of the findings in Exhibit A with any industrial hygiene representatives from any asbestos manufacturer? DEAN MOBURG 4 ASSOCIATES Coutl Rportrs - MA 2-31 10 - Sattl and Everett, Washington 183 ----------------- -- MT-PWHD-009156 1A 2Q 3 4 5A 6Q 7 8 9A 10 Q 11 12 13 14 13 16 A 17 Q 18 19 20 21 22 23 A 24 23 0. NO . Have you ever spoken Co any industrial hygienists in a non-governmental setting, private industry setting about your Exhibit A report? No. I think somewhere in your report you said that you felt that asbestos workers were aware of the hazards associated with working with asbestos? Yes. ' Earlier on, I asked you whether over the years the awareness of the degree of hazards has changed, and I think you said, "Yes, it has." Would it be a correct statement that worker awareness of the degree of the hazards associated with asbestos health hazards has increased over the years? Yes. When you said that you thought that asbestos workers knew about the hazards of the asbestos exposure, what specifically were you referring to? In other words, was there experience you had that you taught to workers or a group of them, they said, "Oh yes, we know about that." How did that particular statement come about? No, it's just that I did my best to spread the word that you shouldn't breatheasbestos, so they should have known. Other than spreading the word that you shouldn't breathe _______ * DEAN MOBURG 6 ASSOCIATES * Court Reporters - MA 2-31 10 - Soottlo and Evorott, Washington * MT-PWHD-009157 1 2 3A 4Q 5 6A 7n 8A 9Q 10 A II Q 12 13 A 14 Q 13 16 A 17 Q 18 19 A 20 21 22 23 | 0 24 | A 23 0 asbestos in the 1940's let's say, did you say anything other than that? The 1940's, no. Did you conduct any educational programs while you were at the Long Beach Naval Shipyard from '47 to '49? I did on radiological defense. Pardon me? On radiological defense. Does that have anything to do with asbestos? No. Did you conduct any educational program with regard to asbestos exposure? No. Did you, to use a colloquialism, talk it up around the yard, asbestos hazards between '47 and '49? No. Was there any reason at that time you didn't and vet at a later time you did? Simply because I hadn't an opportunity to evaluate the hazard at Long Beach, and the fact that mv knowledge at that time showed, indicated to me that it was not particularly a high priority hazard. Later on, it became a high priority hazard? That is correct. - I don't have any further questions, thank you sir. * DEAN MOBURC 4 ASSOCIATES - Court Reporters MA 2*31 10 - Soottl* and Evaratt, Washington 185 p MT-PWHD-009158 1 FURTHER EXAMINATION 2 BY MR. HOCH: 3j Q Mr. Bessmer, you took your course at Columbia, more 4 5 6 7 8I A 9Q 10 1l A specifically lectures from Dr. Gardner. The basic knowledge he imparted upon you, concerning asbestos was that exposure to that product could cause a fibrotic condition in the lung, correct? Yes . That basic knowledge hasn't changed or been altered to this very date, has it, it is still true? That's true. 12 Q Dr. Gardner told you thebasic facts about asbestosis? 13 A 14 Q 13 16 17 A 18 0 Correct. Did it change over the years in terms of industrial hygiene, is the knowledge concerning the work environment wherein the exposure occurs, correct? Yes, if I understand, yourquestion. The knowledge it changed over the years to the present 19 20 21 A 22 Q 23 28 23 date has not in any way changed what Dr. Gardner told you? No, it's been in addition to. Looking back on what Dr. Gardner told you, he didn't hide anything from you, did he? MS. CAPLANE: I object to that. It calls for speculation on the part of the witness. He has no idea DEAN MOBURG 4 ASSOCIATES - Court Reporters - UA 2-31 10 - Seattle and Everett, Washington e__ 186 A tT'.i;K. 2..^, 'if * 1 1m MT-PWHD-009159 1 2 } 4Q 5 6 7 8A 9Q 10 11 12 A I} Q 14 15 A 16 0 \1 7 18 19 Q 20 A 21 Q 22 25 2^ 25 A what facts Dr. Gardner knew at the time he was teaching the class of what was taught. MR. SILBERFELD: 1 join in that objection. (By Mr. Hoch) You knew when you were at Long Beach Naval Shipyard that exposure to asbestos at certain concentrations caused the disease of asbestosis when exposure continued for a length of time? Yes. You also knew that the disease would'not manifest itself for a period of time even after exposure ended, isn't that correct? I'm not sure about that. Did you learn that at any time while you were at Puget Sound? Yes. When did you first learn that? './hen claims started being filed after a long period of exposure. That was in the late '50's? Yes. Your job both at Long Beach Naval Shipyard and Puget Sound Naval Shipyard as the industrial hygienist was to find wherein the work place hazards existed to occupational health, correct? That was part of it, yes. DEAN MOBURC 4 ASSOCIATES - Court Roportors MA 2-31 10 - Soattlo and Evorstt, Washington *---------------------------------------- 137 . PRODUCED JIM-83 MT-PWHD-009160 I0 2 3 4A 5Q 6 7 8A 9Q 10 1I 12 A 1} 0 14 A n0 16 A 17 Q 18 19 A 20 Q 21 22 A 2} Q 24 25 Apparently, your job was to go out and talk with manufacturers of various products and get information, if you already knew it was a hazard? No. Your job was to stay at that shipyard and find out how that hazard manifested itself and how best to control it? Correct. There are a variety of products at the shipyard other than asbestos that could be potentially injurious to human health? A great many. r They all have to be controlled at the work place, correct? Correct. That's the function of theindustrial hygienist? Yes. That was your function at the Long Beach Naval Shipyard when you were there? Yes. And that was your function at the Puget Sound Naval Shipyard, is thatcorrect? Yes. As far as you know, that's the designated function of an industrial hygienist for the United States Navy, at any time, any place? ______ * DEAN MOBURG 4 ASSOCIATES - Court Reporters - UA 2-31 10 - Soottlo and Evtrtlt, Washington * 188 MT-PWHD-009161 I 2Q 3 4 5 6 7A 8Q 9 10 11 12 13 A 14 Q 13 16 17 A 18 Q 19 20 21 A 22 Q 23 24 23 A Mr. Silberfled asked you about questions regarding respirator use and some of the complaints that the asbestos workers made to you, can you describe some of them? You said difficulty to breathe or they knocked glasses off, is that correct? Yes. Now in terms of the industrial hygiene practices in the control of usage of a product, protection of a worker from a potential hazard of that product, there has to be some sort of trade-off on occasion between worker comfort and worker health, isn't that correct? Unfortunately, ves. A method of worker protection, thatcompletelystops a worker from doing his job, would of course be of no value? Right. But a protectivedevice thatwill protect him from an occupational disease, but may make him slightly uncomfort able, is a practical industrial hygiene trade-off? Yes. Would the case ofrespirators and protectionfrom asbestos, that was a proper industrial hygiene trade-off, from the time you got to Puget Sound, is that correct? Yes. DEAN MOBURC S ASSOCIATES - Court FUport.ro MA 2-3110 - S.ottl. and Ev.r.tt, Washington * 189 PRODUCED JM - 83 MT-PWHD-009162 !Q 2 3A 4Q 5 6 7 8A 90 10 A 11 Q 12 A 13 14 15 16 17 18 Q 19 20 21 22 23 A 2-4 Q 25 It was also a proper industrial hygiene trade-off when you were at Long Beach Naval Shipyard? Yes. And from the time you came to Puget Sound Naval Shipyard, you knew that ventilation could be used to reduce air borne asbestos fibers in spaces where asbestos workers were doing work, correct? Yes. That wouldn't inhibit the work at all, would it? It could. How so? I can give you two examples off the top of my head: A welder objected to the use of ventilation because every time they moved their arc, they had to move the ventilation pipe. The asbestos worker in back of the shop objected to the cold draft caused bv the ventila tion . From 1950 until the time you changed your job at Puget Sound, was the use of ventilation considered to be, in your mind as industrial hygienist, a reasonable industrial hygiene trade-off between slight discomfort and protection it offered to a worker? Yes. The same is true for the time you were an industrial hygienist at the Long Beach Naval Shipyard? ________________ DEAN MOBl'RC S ASSOCIATES - Court Rrport.ro - MA 2-31 10 . S.otrl. and Ev.r.tt, Woshmqton 190 ____ / MT-PWHD-009163 IA Yes. 2Q i I think that's all the questions I have. MS. CAPLANE: There is one thing, Mr. Bessmer j i 4 did not receive a witness fee. 5 MR. HOCH: Please send me the bill. 6 MS. CAPLANE: And you'll also get his mileage. l 7 MR. IIOCH: Anyone else have any questions? H 9 FURTHEREXAMINATION . j 10 BY MR. FITZHUGH: 1I Q 12 13 Sir, I believe you said that the photographs contained within Exhibit Shipyard? A weretaken atPuget Sound Naval 9 j j \4 , It A Yes. n .Q 16 A Do you have any idea of when those pictures were taken? Approximately just before the date of publication or 17 IH Q 19 20 very close to it. Okay, and the second answer I believe you said earlier, ' i that it was the production department's job to physically | put the warning sticker on the asbestos containing I 21 22 A 2\ 0 2^ products? No, I did not say that. It was the supply department. ' It was the supply department, it wasn't your job to physically put the warning on packages? j | 23 A No. DEAN MOBl'RG 6 ASSOCIATES * Court R*porttr* - UA 2*31 10 - Soottt* and Evorett, Washington * 191 MT-PWHD-009164 1Q 2 There could have been manufacturers' warning labels on those products which you would not recall seeing,? 3A 4Q 5 6 That is correct. Thank yon, I have no other questions. MR. HOCH: Does anyone else have any questions? 7 H BY MR. SILBERFELD: FURTHER EXAMINATION j 9Q 10 II 12 13 II A nQ 16 A During the time that you were an industrialhygienist either at Mare Island, Long Beach or Puget Sound, did you ever have occasion to see any manufacturer's representative of any product ' shipyard for any reason? that was used in the Yes. Give us an example. Well, the one I just recall is the Simcool. This is a j j j ! i* ; 17 1H Q 19 A 20 Q coolant used in machining metals. What was the occasion for the visit? I was trying to find out what was in thestuff. Why? ! I i 21 A 22 23 Q 24 23 To see if it was a health hazard or not. MR. FISH: That's simcosis. (By Mr. Silberfeld) If a manufacturer's representative I | of asbestos containing product wanted to see you in your role as industrial hygienist, was there anything to ________ * DEAN MORURG 4 ASSOCIATES - Court Rtportora MA 2-31 10 - Stottl* ond Evorott, Woshinqfon *------------------------------------ 192 PRODUCED JM - 83 MT-PWHD-009165 I prevent him from doing so? 2 MR.. HOCH: Objection, it calls for rank 3 speculation. 4 THE WITNESS: No. 3Q 6 7 HA (By Mr. Silberfeld) In other words, were there any government rules which barred those people from the Shipyard that you were aware of? I think most of them had to check in with production 9 10 0 before they got anywhere else. If somebody wanted to make a point and wanted to see 11 12 13 A 14 Q you in your capacity as industrial hygienist, they could have done it, couldn't they? 0 I believe so. I don't have anything further. 13 16 FURTHER EXAMINATION 17 BY MR. FISH: 18 Q You told about warning labels, how, in your opinion, 19 that in effect nobody read those, isn't that right? 20 A Yes. 21 Q 22 And you found that was the case from the time you knew about warning labels, isn't that right? 2 3 A Yes, that is right. 2-1 Q Thank you. 23 MR. HOCH: Same stipulation. DEAN MOBl'RC S ASSOCIATES - Court Rtportor* - MA 2-3110 - Soolllo and Evorott, Woshinqion -------------------------------------------- 193 PRODUCED JM^ 83 MT-PWHD-009166 1 (Deposition concluded at 4:26 p.m. ) 2 3 (Signature not waived.) 4 5 6 7 Daniel J. Bessmer 8 9 STATE OF BREMERTON) ) COUNTY 10 ) ss . ' II 12 SUBSCRIBED to before me this 13 14 , 1980. n day of 16 17 18 19 Notary Public in and for the State of 20 Washington, residing at 21 22 23 2-k 25 DEAN MOBURG & ASSOCIATES - Court Reporters UA 2-31 10 - S#ottl# and Evarett, Washington * 194 MT-PWHD-009167 1 CERTIFICATE 2 STATE OF WASHINGTON 3 COUNTY OF KING ) ) ss. ) 4 I, Che undersigned Notary Public in and for the State 5 of Washington, do hereby certify: 6 That the annexed and foregoing deposition of each 7 witness named herein was taken stenographically before me and 8 reduced to typewriting under my direction; 9 I further certify that the deposition was submitted to 10 each said witness for examination, reading and signature after 1 ! the same was transcribed, unless indicated in the record that 1 2 the parties and each witness waive the signing; 13 I further certify that all objections made at the 11 time of said examination to my qualifications or the manner of n taking the deposition, or to the conduct of any party, have 10 been noted by me upon said deposition; 1 7 I further certify that I am not a relative or 18 employee or attorney or counsel of any of the parties to said 19 action, or a relative or employee of any such attorney or 20 counsel, and that I am not financially interested in the said 21 action or the outcome thereof; 22 I further certify that each witness before examination 23 was by me duly sworn to testify the truth, the whole truth and 2a nothing but the truth; 23 I further certify that the deposition, as transcribed, DEAN MOBURG 4 ASSOCIATES - Court Roportor* - MA 2-11 10 - Soottlo ond Evorolt, Woihtngton * 105 PRODUCED JM - 33. .............. - MT-PWHD-00916 I is a full, true and correct transcript of the testimony, 2 including questions and answers, and all objections, motions, 3 and exceptions of counsel made and taken at the time of the 4 foregoing examination; 5 I further certify that I am sealing the deposition in 6 an envelope with the title of the above cause thereon, and 7 marked "Deposition" with the name of each witness, and promptly H delivering the same to the Clerk of the above entitled Court. ) IN WITNESS WHEREOF, I have hereunto set my hand and 10 affixed my official seal this day of , 1 I 19 . I2 1 5 Notary Public in and for the State of Washington, residing at Renton. I1 13 10 IH is 2C 21 2. 2i 2-i * DEAN UOBURG & ASSOCIATES - Court Reporters * MA 2*31 10 - Seattle and Everett, Washington * 196 MT-PWHD-009165 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES DOROTHY ST. JACQUE, et al., Plaintiffs, ) ) ) vs. JOHNS-MANVILLE PRODUCTS ETC., et al., CORPORATION, ) ) ) ) Defendants. ) ) ) ) ;) ) NO.C 137465 EXHIBITS TO THE DEPOSITION OF D. J. BESSMER A THROUGH F DATE: PLACE: REPORTER: January 7, 1980 Bremerton, Washington Pete Hunt PRODUCED JM 33 oaeaanssmocoieamutepeas. court reporters 1610 pacific building Seattle first national ban. building Seattle. Washington 98Kit 206-622-3110 MT-PWHD-009170