Document xzw9rNYKwaVRwr6r23qGQkbLQ

FILE NAME: Hampshire (HAMP) DATE: 0000 DOC#: HAMP101 DOCUMENT DESCRIPTION: History of Hampshire with Relation to Asbestos & Occupational Diseases HAMPSHIRE STORY Hamp. Ans. To Interrog. No.3, Bait. Co., 11/1/88Hamp-101 Hamp. Supp. Ans. To Master Interrog. No. 202, Abate II, 3/94 Hamn-102 Incorporated on 3/15/21 in Maryland as John H. Hampshire, Inc., on 6/1/81 name changed to Hampshire Industries, Inc. Hampshire has had contracting offices in Richmond, Springfield, Roanoke and Norfolk, Va., Charleston, W.Va., Bladensburg and Beltsville, Md., Philadelphia/Frazer, Pa., Charlotte/Lexington, N.C. Supp. Resp. to RA 16, Abate II, 11/23/93 Hamn-103 At various times from 1921 to the present Hampshire maintained branch offices in Bladensburg, Md., Richmond, Va., Roanoke, Va., Norfolk, Va., Charleston, W.Va., St. Albans, W.Va. Hamp. Supp. Resp. to RA 78, Abate I I 11/23/93 Hamn-104 In connection with its business Hampshire employed spray gun operators, plasterers, installers of asbestos-containing ceiling floor tiles, installers of asbestos-containing drywall/wallboard, latherers, laborers, carpenters, painters, roofers. Hamn-6 1937 PA WC Statute Section 2. The term "occupational disease" as used in this act shall mean and include the following diseases: (1) Asbestosis in any occupation involving direct contact with, handling of or exposure to the dust of asbestos. Section 5(b) Compensation shall not be payable for partial disability due to ... asbestosis. Compensation shall be payable, as otherwise provided in this act for total disability or death caused primarily by ... asbestosis. Hamn-7 1939 MD WC Statute Occupational D iseases Every employee who in the regular course of his employment is injuriously subjected to an exposure to any of the occupational diseases hereinafter named, in an occupation or process hereinafter set down opposite the name of such disease shall be deemed to be engaged in an extra hazardous employment within the provisions of Section 32 of this Article. Compensation as provided in this article shall be payable for disability or death of an employee resulting from the following occupational diseases: Hamp-7 fcont.) Iiamp-8 Hamp-9 Hamp. Supp. Resp. to RA 238, A b a te II, 11/23/93 Hamn-110 34. Asbestosis - any process or occupation involving an exposure to or direct contact with asbestos dust. Compensation shall not be payable for partial disability due to silicosis or asbestosis. In the event of total disability or death from uncomplicated silicosis or asbestosis, compensation shall be payable to employees and their dependents as follows ... 1944 VAW C Statute Section 2-G. Schedule of Occupational Diseases - the following diseases and conditions shall be deemed to be "occupational diseases" ... (2) asbestosis. 1947 Tennessee Worker's Compensation Statute. Section 1(d)...the following diseases only shall be deemed to be occupational diseases within the meaning of this act: 8. Asbestosis. As used in this law the term occupational disease means one of the scheduled diseases arising out of and in the course of employment as above set out. When the employer and employee are subject to the provisions of the Workmen's Compensation Act, the partial or total incapacity for work or the death of an employee resulting from an occupational disease as herein listed and defined shall be treated as the happening of an injury by accident or death by accident, and the employee or in the case of his death his dependants shall be entitled to compensation as provided in this act. .. Hampshire used ACPs manufactured by Carey Canada, National Gypsum, GAF, AWI, Flintkote, Georgia Pacific, USG, WR Grace, Turner & Newall, USM, Asbestos Corporation, Pfizer. Hamp. Supp. Resp. to RA 15, A b a te II, 11/23/93 H am o-lll Hampshire knew that in the course of its use of ACPs as a subcontractor working pursuant to contract specs and instructions of owners, architects and general contractors, it would handle, move and remove from their containers, cut, trim, saw, mix, spray or sand such material. Hamp. Supp. Ans. to Master Interrog. 16, A b a te II, 3/94 Hamp-112 Hampshire's use of ACPs required no change or modification other than that contemplated and directed by the manufacturer. Hamp. Supp. Resp. to RA 12, A b a te II, 11/23/93 Hamp-113 Robert Kearney was a Hampshire officer, director or employee from 1956-1985. Hampshire employee 1954 1985 He visited jobsites weekly. He saw mechanical trades working in the areas P&L Design. Robert Kearney, 4/22/87 Depo page 139 Hamp-114 US Mineral Products Company Answer to Interrogatory U.S. District Court Eastern District of N.C. Case No. CP-81-1 Interrogatory & Answer No. 26 Hamp-115 Hamp. Supp. Resp. to RA 46, A b a te II, 11/23/93 Hamp-118 Hamp. Supp. Resp. to RA 47, A b a te II, 11/23/93 Hamn-119 Robert Kearney testifies that HAMPSHIRE was using U.S. MINERAL CAFCO as of the late 1960's. He does not know when Hampshire started using the US Mineral Cafco product. US Mineral sworn answers to interrogatories state that: Beginning in May, 1962, the following warning appeared on bags of all U.S. Mineral asbestos products (including but not limited to CAFCO): "CAUTION" This product contains asbestos. Inhalation of asbestos over long periods may be harmful. If employees are exposed to dust during use and application, those employees should be equipped with adequate personal protective devises." Hampshire company vehicles included automobiles, station wagons, vans, pick-up trucks, and tractor trailers. Hampshire's company name appeared on company vehicles: stake body truck, tractor trailer. Hamp. Ans. to Interrog. 39, Bait. Co., 11/1/88 Hamp-120 Hamp. Supp. Resp. to RA 134, A b a te II, 11/23/93 Hamp-121 Hampshire was a Member of the International Association of Wall and Ceiling Contractors. Admitted Hampshire received conies of Walls & Ceilins Magazine. Hamp-10 Hamp-10 (cont.) 12/69 "Walls and Ceilings". CPLIA's new name is AWCC. After 52 years of exclusive interest in lath and plaster Contracting Plasterers and Lathers International Association has voted to change its name to International Association of Walls and Ceiling Contractors reflecting the industry's increased participation in diversified systems and broadening the base of this big industry throughout the world. Chilling report on the effects of asbestos was presented by Dr. Irving Selikoff, Mount Sinai School of Medicine, New York City. He outlined results of a study made on 632 asbestos workers contending beyond all doubt that the mineral fibers cause cancer when they come in contact with human tissue. "We don't know why this happens," he admitted, "nor can we explain the long time lapse between exposure and onset of the disease. From 1942 to 1962 there were seven times as many deaths from lung cancer and three times as many from cancer of the stomach and colon among the group of asbestos workers as should have occurred." Not only that, Dr. Selikoff added, but cancer and scarred lungs resulting from asbestos are common in most metropolitan areas among population at large. This is true even when those afflicted have had no known contact with the product. The doctor described measures being taken to control the danger by dust collecting methods and proper enclosures at construction sites... Association membership makes cents ...By gathering, analyzing and disseminating information about the entire trade or profession, the CPLIA gives members insights into new developments. Hamp-3 The 5/70 "Walls and Ceilings" Bulletin contains an article about: Sprayed asbestos viewed with growing alarm. Careless spraying of asbestos insulating and fireproofing material is an air pollution problem that has become a serious health hazard, Dr. Irving J. Selikoff, Professor of Medicine and Environmental Medicine, Mount Sinai School of Medicine, warned. Regulations should be stringent, rapidly prepared and quickly enforced, Dr. Selikoff contends. His dramatic presentation at the Las Vegas convention of the IAWCC and many personal appearances since have produced a sobering shock upon his audiences, since much of his material is backed with dramatic slides, scientific experiments and results of his intense investigation of the problem. Dr. Selikoff says that one out of every four or five asbestos workers die of lung cancer... Once the fibers get into the lungs, there is no way to remove them and they cannot be dissolved, he maintains. Dust counts taken during asbestos spraying jobs show "on the order of 20 times the normal amount" of dust in the air. Entire buildings are sometimes "contaminated for life" because asbestos fibers are left loose on pipes, columns and beams and these "dead spaces" are often used as return air ducts for the building circulation system which exposes occupants of the building to constant peril. Hamp. Supp. Resp. to RA 13, Richard Jackson was an officer director and/or employee Abate II, 11/23/93 Hamn-126 of Hampshire 1961 -1975. Hamp-11 3/23/70 Apparently after attending the meeting which is the subject of the May 1970 Walls & Ceilings Bulletin article referenced immediately above, a written message is sent by Hampshire official DICK JACKSON to JOE BAKER, Managing Director of International Association of Wall & Ceiling Contractors saying: "Would you please get the report that was given on sprayed asbestos by Dr. Selikoff as I am very much interested in this. Hamp-1 P&L Design. David Moyer, 10/26/94 Hamp-127 3/25/70 In response BAKER writes to H. L. Levine, President of the Asbestospray Corporation and describes what he thinks should be done to "OFFSET ANY DAMAGE THAT MAY HAVE BEEN DONE IN OUR BULLETIN" article about asbestos and Dr. Selikoff. A copy of this letter is sent to Hampshire official Richard Jackson. Attached is a copy of a message I got from our member Dick Jackson who runs the Hampshire company office in Washington, D.C. As you know I have heard nothing from Dr. Selikoff with regard to getting a copy of that report of his and anything you can do to expedite this would be very much appreciated. Also Burt, what I think we should do to offset any damage that may have been done in our bulletins sent out following the convention is to get out a complete bulletin on the subject of Dr. S elikoff s speech. For that reason I really do need something from him which I can use to compose a bulletin... Hampshire VP, at Hampshire 1956, left 1957, returned 1961 as carpenter foreman, superintendent 1963, worked in Bladensbure office, directly answerable to Jackson. Joint compound began to be labeled asbestos-free in the mid 1970's so assumes that Drior it was AGP. At one ooint Jackson told them not to use any asbestos products, never told them anything specific about asbestos hazards, never mentioned , never gave him a copy of the 5/70 Walls and Ceiling Magazine, never told employees to be medically checked for ARD, believes joint compounds were ACPs 1961 - 1975, sanding of spackle/joint compound created dust, Hampshire was responsible to make sure people in the area where dust was diffused wore protective devices, fireproof sprayers were given respirators, plasterers were not. GP Ans. To Interrog. 13, L a in g v . GP, 10/2/87 Hamo-128 The following asbestos products manufactured by GP were of the type used by HAMPSHIRE: All purpose ioint compound: Casein, All Purpose Joint Compound - Vinyl Based Adhesive, All Purpose Joint Compound - approximately 4.5% chrysotile. Bedding Compound: Joint Systems Bedding Compound, Bedding Joint Compound, Bedding - Casein, Bedding - Vinyl Based Adhesive approximately 3-7% chrysotile. Central Mixed Joint Compound approximately 3-6% chrysotile. Joint Compound: Joint System Cement, Joint System Compound, Wallboard Joint Compound, Joint System and Joint System Compound with tape - approximately 2.5 - 6% chrysotile. Laminating Compound - Ready Mix approximately 4% Chrysotile. Ready Mix: Ready Mix Joint Compound and Ready Mix Topping - approximately 1.5 -12% chrysotile. Spackling Compound approximately 5.5% chrysotile. Speed Set: Speed Set, 1 Day Wallboard Joint Compound, Speed Set Joint Compound, Speed Set Joint Compound and Speed Set - Vinyl Gypsum Adhesive approximately 2.75 6.75% chrysotile. Topping Compound: Topping Compound, Joint System Topping Compound, Topping Joint Compound, Topping Casein Topping- Vinyl Based Adhesive approximately 3-7% chrysotile. Triple Duty Joint Compound: Triple Duty Joint Compound, Triple Duty Wallboard Joint Compound and Triple Duty Joint Compound - Vinyl Based Adhesive approximately 2.5 - 7% Chrysotile. Hamp-4 Recommended Code of Practices for Application of Sprayed Fireproofing Materials by SMFMA. The use of contemporary materials in construction often generates unwanted dust which may result in problems to health, in property damage and in unfavorable working conditions. Sprayed fireproofing materials generally contain some asbestos. Respirable dust generated during application of such products may constitute a health hazard to the applicator and workmen in the immediate vicinity of the spraying operation. Emission of these dusts into the atmosphere surrounding the jobsite may cause undesirable air pollution. Therefore, measures to prevent or control the creation or spread of such dust are mandatory for workmen like and safe application. Control of Dust The basic problem is three-fold: to keep to the lowest possible minimum dust generated in the handling and spraying of fireproofing materials, to reduce exposure of workmen to such dust, to prevent the dust from spreading into the air surrounding the jobsite. Protective Respiratory Devices and Clothing The wearing of respirators should be mandatory for all persons involved in the spraying operation. Only U.S. Bureau of Mines approved respirator equipment is recommended for use with asbestos silica and other pneumoconiosis producing dust. Approved respiratory equipment must be used in all operations where dust control is not sufficient to maintain airborne concentrations within allowable limits for such dust as established by government and professional agency. Suitable coveralls must be worn by all persons involved in the spraying operation. These coveralls should be left at the job at the end of the workday. Facilities should be provided and procedures instituted to preclude the removal of asbestos-containing material from the jobsite on the clothing or other property of persons leaving the area. Hamp. Ans. to Master Interrog. 57, AsnerS/24193 Hamp-132 Hamp. Ans. to Master Interrog. 37, A sn erS/24/93 Hamn-134 Hamp. Ans. to Conten. Interrog. 40, A bate, 2/1/91 Hamp-135 Hamp. Ans. to Conten. Interrog. 37, A bate, 2/1/91 Hamn-136 Hamp. Ans. to Conten. Interrog. 38, A bate, 2/1/91 Hamn-137 Hamp. Ans. to Conten. Interrog. 42, A bate, 2/1/91 Hamo-138 Hamp. Ans. to Conten. Interrog. No. 41, A bate, 2/1/91 Hamp-139 Hampshire states it never knew that any governmental or private agency had issued guidelines suggesting TLVs Prior to 1982 Hampshire never had inspectors go to jobsites to make dust level counts. Hampshire has never employed an industrial hygienist. Since 1930 Hampshire has not had an office or department dealing with medical research. Hampshire has never hired a medical director. Hampshire has never participated in, cooperated with or funded any investigations, studies, tests, reviews or analysis concerning asbestos-related disease, asbestosis, pulmonary disease or cancer. Hampshire never contributed any funding to research concerning asbestos and its relation to lung, heart, gastrointestinal and/or larynx disease. Hamp. Ans. to Master Interrog. No. 32, AsnerS/24193 Hamn-140 Hampshire never conducted, engaged in, or participated in the test, studies or research concerning the health consequences of coming in contact with asbestos dust during the use of ACPs. Hamp. Supp. Resp. to RA 14, Charles Frye was a Hampshire officer, director or employee A b a te I I 11/23/93 Hamn-141 from 1976 - 1985. P&L Design. Charles Frye, 5/27/93,10/26/94, 5/22/91, 1/6/94 Hamp-142 Secretary/Treasurer of Hampshire, started there in 1975, old JOHN Hampshire became Hampshire Industries. New JH Hampshire formed to be holding company. Hampshire set up in departments including plaster, drywall and acoustical ceilings. In 1975 when he arrived he was involved in document retention, boxes of documents were discarded into dumpsters, purged all records, whatever department managers said they did not need. Acoustical department hired carpenters, utilized ceiling tile manufactured by USG, Armstrong, Celotex and Flintkote. Drywall department employed carpenters and finishers, used joint compounds including USG, Georgia Pacific, and NG. Never hired industrial hygienists, no medical doctor or nurse, no CXR program for employees, never tested ACPs, no search of medical/scientific literature, did not attend any conference regarding hazards, never tried to determine which of its products were ACPs, did not know the content of its products, was not for Hampshire to know if a product was an ACP, no research or testing of products in the 1960's or 1970's, became aware of 11 worker's comp cases first filed in 1983, no asbestos training courses for Hampshire employees, did not require Hampshire employees to take precautions regarding ACPs, no one at Hampshire responsible for the health and safety of its employees, did not require annual physicals for employees and did not warn employees of asbestos dangers. Hamp. Ans. to Rog. 31, Balt. Co., 11/1/88 Hamp-143 Hamp. Ans. to Conten. Interrog. 58, A bate, 2/1/91 Hamn-144 Hampshire had no medical examination program for its employees who were exposed to ACPs. Hampshire lists 11 asbestos-related worker's compensation claims filed between 1983 - 1989. Hamn-13 Brochure: "Hampshire 50 years of doing it better." In 7/42 added moveable partitions as our fourth division...the following year our company opened a branch office in Richmond to handle the territory of Virginia, West Virginia, 11 counties in North Carolina and Bristol, Tennessee... A third branch office was opened in 1946, this one in Roanoke, Va. to handle the southwest patls of Virginia. Now that office also services parts of West Virginia and Tennessee... A Norfolk branch was open in 1949 to cover the Tidewater area from Yorktown, Va. to Elizabeth City, North Carolina.