Document Z4N8OxYXqyq5mODzY6Mjo02MO

IN THE UNITED STATES DISTRICT COURT DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION ARTHUR B. OLERUD, et al Plaintiffs, vs. THE CELOTEX CORPORATION, et al, Defendants. ) ) j ) ) ) ) ) ) ) ANSWERS OF INC. TO PLAINTIFF'S INTERROGATORIES SET NO. ONE Carey Canada, Inc., for Answers to Interrogatories and Response toNRequest for Production states as follows: 1. State the name, present business address, present residence, and capacity or title of the individual signing these Interrogatories on behalf of the answering Defendant. Answer: The Responses to these Interrogatories are prepared by the Legal Department of the parent corporation of Carey Canada Inc. They are signed by Robert W. Emerton, III, Senior Litigation Counsel, as author ized representative of the corporation and not on the basis of his personal knowledge of the facts stated herein. 2. Please state whether or not you have ever held a certif icate of authority to do business in the State of North Dakota and the date thereof and the address of your principal place of business and whether you have assumed the assets and/or liabilities of any predecessor corporation or entity (such predecessor corpora tions being limited to any association whatsoever with the asbestos aspect of the Defendant's business). Answer these Interrogatories IBIMW % * > 5b V \ s for such acquired company which manufactured insulation products containing asbestos. Answer: Carey Canada Inc. was incorporated in Quebec, Canada, in 1955; however, it did not begin opera tion of its mining facility until 1958. Defendant's address is Post Office Box 190, East Broughton Station, Quebec, Canada. There are no other places of business. Defendant has never been authorized to do business in the State of North Dakota and does not maintain a registered agent in North Dakota. Defendant has not assumed the assets and/or liabilities of any predecessor corporation or entity. 3. Has Defendant, at any time, engaged in the manufacture of insulation products containing asbestos fibers? Answer: No. 4. Has Defendant, at any time, engaged in the mining and/or milling of material containing asbestos fibers? Answer: j Yes. 5. Has Defendant, at any time, engaged in the processing, marketing and sale of products containing asbestos fibers? Answer: No. 6. If the answer to one or more of the last three questions is affirmative, please state as to each affirmative answer the following: ` (a) The trade or brand name of each such product mined, manufactured, and/or marketed; market; (b) The dates each of such products were placed on the ' (c) The dates each of such products were withdrawn from the market; -2 * > . (d) A description of the physical (the chemical) composition of each such product including the type of asbestos contained in each such product (i.e., amosite, chrysotile or crocidolite) and the quantitative percentage of asbestos in each product; (e) A description of the physical appearance of each such product; . (f) A detailed description of the intended uses of each such product; (g) The name of the manufacturer of each such product; (h) The mining or milling concern from which the raw asbestos fiber was obtained. Answer; Defendant has only been involved in the mining and milling of raw chrysotile asbestos fiber since it began operation of its mine in 1958. The majority of its fiber is medium to short in length and grayish white in appearance. 7. Does Defendant claim that any patent would cover any product listed above in Interrogatory No. 6? Answer: No. 8. If so, for each such product, please state; (a) The number of each patent; (b) The date same was issued; pending. (c) The number of each patent application that is Answer: Not applicable. 9. Have any of the products listed in Interrogatory No. 6 -3- , V \ *> above been altered in chemical composition or asbestos type or content since first being marketed? Answer: No. 10. If so, please state: (a) The trade name of each such product; (b) The date each such product was altered; (c) The nature of the alteration; (d) The reason for the alteration; Answer: Not applicable. 11. Do any written memoranda, specifications, blueprints or other written materials of any kind or character exist relating to the testing of said products? Answer: Defendant has written material relating to various tests conducted on its asbestos fiber. However, none of the testing (such as tensil strength, moisture absorption rate, etc.) has any relevance to any asbestos disease process, potential health hazard, or medical hazards. Defendant objects to listing the requested informa tion on the grounds that it is irrelevant and unduly burdensome. 12. If so, please state: (a) List each such written material or document; (b) Who presently has possession of each such document, and where is it located. Answer: Refer to Response No. 11 above. 13. Did Defendant make any design changes as a result of such tests? Answer: No. -4- 14. If so, please state: (a) The nature of the change made; (b) The name, address, and job classification of each person in charge of making a change. Answer: Not applicable. 15. Do any written memoranda, specifications, recommendations or other written materials of any kind or character relating to the testing of the said products exist? Answer: Refer to Response No. 11 above. 16. If so, please state: (a) List each such written material or document; (b) Who presently has possession of each such document, and where is it located. Answer: Refer to Response No. 11 above. 17. Did Defendant make any design changes as a result of such tests? Answer: Not applicable. 18. If so, please state: (a) The nature of the change made; (b) The name, address, and job classification of each person responsible for making such a change. Answer: Not applicable. 19. Has Defendant, at any time, published and/or distributed any brochures, sales literature, pamphlets or other written materials (aside from any caution labels on containers) of any kind or char acter that contain any warnings, cautions, caveats or directions 't \ V concerning the possibility of injury resulting from the use of the products listed in Interrogatory No. 6 above? Answer: Yes 20. If so, please state: (a) The wording of each such warning; (b) A description of each such printed material; (c) The method used to distribute the warning to persons who are likely to use the products; (d) The date each such warning was issued; (e) The name, address, and job classification of each person who presently has possession of the above described docu ments ; (f) If you will without a motion, please attach a copy j of such warning; . (g) state whether any industrial psychologists or human factors engineers were consulted prior to utilizing such warnings, cautions, etc. Answer: Defendant's employees were periodically sent safety bulletins prepared by QAMA, such as those marked Exhibit A. Defendant has been a member of QAMA since 1958. In addition. Defendant published a Material Safety Data Sheet in 1972 in a form approved by the U.S. Department of Labor. The distribution of this material was effected by mailing (see Bulletin 381, dated 4/5/72, marked Exhibit B for example) or handed out to distributors and other persons. 21. From 1930 until the present, did the asbestos products manufactured or distributed by you, contain any warning, caution. -6- caveat or other statement on the product or its packaging. Answer: Yes. 22. If so, please state: (a) When did the warning first appear; (b) What was the precise wording of the warning, when it first appeared; (c) Was the warning altered, amended or changed in any manner. If so, how and when; (d) Where was the warning located on the product or packaging; (e) When did you become aware that warnings placed on products distributed by other defendants. State the reason warnings of the other defendants were not placed on your products. (f) State the manner in which your product is shipped and the type of container it is shipped in to retailers; (g) State whether any industrial psychologists or human factors engineers were consulted prior to utilizing such warnings, cautions, etc. Answer: Chrysotile asbestos fiber is packaged in bags. In approximately 1958 Carey Canada Inc. used paper bags. In the early 1960's Carey Canada Inc. used plastic bags. The bags were brown, white or clear with various colored stripes and came in fifty, eighty and one hundred pound sizes. The bags were printed with the fiber grade enclosed in the bag. * In July, 1971, Defendant used the following caution label on its bags of raw asbestos: CAUTION THIS BAG CONTAINS CHRYSOTILE ASBESTOS FIBERS PERSONS EXPOSED TO THIS MATERIAL SHOULD USE ADEQUATE PROTECTIVE DEVICES BECAUSE IT HAS BEEN ALLEGED THAT INHALATION OF THIS MATERIAL OVER LONG PERIOD MAY BE HARMFUL ' >> V In 1972, Defendant used the following caution label on its bags: CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM The warning was stamped on the bags as indicated above. In July, 1979, Carey Canada Inc. revised the warning label to read as follows: CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM, INCLUDING CANCER AND ASBESTOSIS IF DUST IS CREATED, PERSONS EXPOSED TO THIS MATERIAL SHOULD USE ADEQUATE PERSONAL PROTECTION DEVICES SMOKING GREATLY INCREASES THE RISK OF SEROUS BODILY HARM 23. Have you received notice that any other person was claiming injury -as a result of using asbestos products manufactured and/or sold by your company (both prior to and subsequent to the filing of this action)? Answer: Defendant acknowledges being a named Defendant in hundreds of lawsuits which allege injury resulting from exposure to asbestos-containing dust. Defen dant does not have the capabilities to produce the requested information without it constituting an undue or impossible burden. As an alternative. Defendant will make its files available to Plaintiff's counsel for inspection and copying of non-privileged information. 24. If so, please state: (a) The name and address of each claimant; (b) The date of notice of each claim; . (c) A description of the claim, i.e., workmen's compen sation, products liability, etc.; (d) The type of injuries allegedly sustained; -8- I (e) The name and address of each attorney who represents individuals making, such claims; (f) The style and court number of each claim currently pending; (g) The resolution of each claim that has been settled or taken to judgment. ' Answer: Refer to Response No. 23 above. 25.. Do you have any records indicating that any of your products containing asbestos fibers were sold to any of the companies named as co-defendants in this suit. Answer: Defendant objects to this Interrogatory on the . grounds that Defendant does not sell a "product." Furthermore, the Interrogatory is irrelevant to the extent that Plaintiff has not identified the products he has allegedly been exposed to. In . addition, Defendant would have to manually search its available invoice records to determine the requested information, and any such search would be extremely burdensome in light of the dubious probative value of any discovered information. As an alternative. Defendant will make its invoice records available for inspection and/or copying by Plaintiff's counsel upon reasonable notice to all necessary parties. 26. If so, please state: (a) The name, address and job classification of each individual who currently has possession of such records; (b) Please list the names of each co-defendant to whom your products have been sold; (c) Please state the dates of each such sale and the amount and kind of materials sold; . (d) State whether your company manufactured asbestos- containing insulation products for a co-defendant but placed said -9- co-defendant's labels, logos or containers on said products and list each such co-defendant. Answer: Refer to Response to No. 25 above. 27. Does Defendant contend that Plaintiff improperly used their products? Answer: Defendant intends to assert any and all defenses - properly raised in the pleadings. 28. If so, please set out in detail in what respect said products were improperly used. Answer: Unknown at the present time. 29. Does Defendant have policies of insurance that might cover the claims that have been made by Plaintiff herein? Answer: Refer to attached list of General Liability Carriers for Carey Canada Inc., marked Exhibit C. -4 30. If so, please list the names of each insurance carrier who may have coverage, the amount of such coverage, and the dates of each such policy. Answer: Refer to Response No. 29 above. 31. Does Defendant contend that insulation products contain* ing asbestos can be manufactured or treated so as to eliminate all potential health hazards to workers installing same? Answer: Defendant does not manufacture, sell or distribute insulation products containing asbestos. Defendant only mines and mills raw chrysotile asbestos fiber. 32. If so, please explain. . Answer: Not applicable. 33. Please describe in detail the type of packages in which Defendant has sold asbestos material, listing the dates each type of package was used, a physical description thereof, and a descrip tion of any printed material or trademarks that appeared thereon. Answer: Refer to Response No. 22 above. 34. Did you receive any reports or communications from your workmen's compensation insurance carrier or products liability insurance carrier with regard to the hazards incident to use of asbestos-containing insulation products? If so, please state who had possession of said reports, the location of said reports and the substance of the contents of said reports, listing for each such report the respective insurance company, its address, and the agent signing such correspondence. Answer: No. 35. If the answer to Interrogatory No. 4 (miningtand milling is yes, state: (a) Where the asbestos was mined and milled; (b) How long the Defendant has mined and milled asbestos; (c) Whether the Defendant has supplied this mined and/or. milled asbestos to any of the other defendants since 1950; when these transactions took place; and the dollar and tonnage amounts of such sales; (d) Whether any warnings, cautions, caveats or directions accompanied the materials referred to in (c) and the date these first appeared. Answer: As stated above. Defendant is engaged in the mining and milling of raw chrysotile asbestos fiber. All questions contained in this Interrogatory have . been previously responded to above. 36. If the answer to Interrogatory No. 4 is no, state: -11- .(a) From what source or sources, if any, did your company obtain mined asbestos since 1950; (b) Whether any warnings, caution, caveats, or directions accompany the material referred to in (a) and the nature and extent of said warnings, cautions, caveats or directions accompany ing said asbestos; (c) Approximately what date said warnings, cautions, caveats or directions first appeared on the mined asbestos. Answer: Not applicable. 37. If the answer to Interrogatory No. 3 is yes, state: (a) Where the asbestos or asbestos materials were manufactured; (b) How long the Defendant has manufactured asbestos j or asbestos materials; (c) Whether the Defendant has supplied this manufactured asbestos or asbestos materials to any of the other defendants since 1945, when these transactions took place, where, and the compensation paid for the manufactured asbestos or asbestos materials; (d) Whether any warnings, cautions, caveats or directions accompanied the materials referred to in (c) and the date these first appeared. Answer: Not applicable. 38. If the answer to Interrogatory No. 3 is no, state: (a) From what source or sources, if any, did your com pany obtain asbestos-containing insulation products since 1945; -12- . (b) Whether any warnings, cautions, caveats, or directions accompany the material referred to in (a) and the nature and extent of said warnings, cautions, caveats or directions accompanying said asbestos or asbestos materials; (c) Approximately what date said warnings, cautions, caveats or directions first appeared on the manufactured asbestos or asbestos materials. Answer: Not applicable. 39. Has the Defendant imported asbestos or asbestos materials since 1930? Answer: No. . 40. If the answer to the preceding Interrogatory is in the affirmative, state: (a) From where the asbestos or asbestos materials was imported; (b) How long the Defendant has imported asbestos or asbestos materials; . (c) Whether the Defendant has supplied this imported asbestos or asbestos materials to any of the other defendants since 1945, when these transactions took place and where; (d) Whether any warnings, cautions, caveats or directions accompanied the materials referred to in (c) and the date these first appeared. Answer: Not applicable. 41. Has the Defendant sold or distributed asbestos-containing insulation materials at any time since 1930? Answer: No. -13- 42. .If the answer to the preceding Interrogatory is in the affirmative, state: (a) Where the Defendant has sold or distributed such products since 1930; ' (b) How long the Defendant has sold or distributed such products; (c) Whether the Defendant has sold or distributed such products to any of the other defendants named in this litigation since 1945 and state the dollar and tonnage amounts of such sales and the dates of same. Answer: Not applicable. 43. If the answer to subpart (c) of Interrogatory No. 42 is in the affirmative, state: (a) Whether any warnings, cautions, caveats, or direc tives accompany the asbestos or asbestos materials sold or distrib uted to these other defendants, the content of said warnings, cautions, caveats, or directives accompanying said asbestos; (b) Approximately what date said warnings, cautions, caveats or directives first appeared on asbestos materials dis tributed to the other defendants. Answer: Not applicable. 44. If the Defendant has discontinued manufacturing and/or selling asbestos products, please state the reason or reasons therefor. Answer: Defendant is still engaged in the mining and milling of raw chrysotile asbestos fiber. -14- 45. Have any of the other defendants named in the litigation ever furnished the. Defendant answering these Interrogatories with information as to the state of the medical knowledge regarding the connection between asbestos exposure and the contracting of pulmonary diseases including cancer and asbestosis? Answer: Available information indicates none, except in recent years during pending litigation. . 46. If the answer to the preceding Interrogatory is in the affirmative, state: (a) What information was the Defendant furnished with; (b) When the Defendant was furnished the information; (c) By,whom was the Defendant furnished the information. Answer: To the extent information was furnished or exchanged during and in light of pending litigation, Defendant objects to this Interrogatory on the grounds that the information sought is prepared in anticipation of litigation, is attorney work product, and privileged. 47. Have the defendants interchanged results of research, tests, medical studies or experiments regarding the state of the medical knowledge regarding the connection between asbestos exposure and the contracting of pulmonary diseases including lung cancer and asbestosis since 1930? Answer: Defendant objects on the grounds that this Interrog atory is unduly broad, assumes facts, and seeks privileged information. Without waiving its objection. Defendant states that it has not inter changed research results. 48. If the answer to the preceding Interrogatory is in the affirmative, state: (a) When these interchanges took place; -15- . (b) Who participated in these interchanges; (c) Summarize the content of these interchanges of studies. Answer: Refer to Response No. 47 above. 49. Has the Defendant become aware as the result of other litigation or by any other means of any studies, research, experi ments or tests conducted by another defendant which, if known at the time said study, research, experiment or tests were made would have altered the maimer or way the Defendant answering these Interrogatories acted in distributing these products. Answer: Defendant is unable to respond to this hypothetical question as it assumes facts which would render any answer misleading, and prejudicial. In an attempt to be responsive, without waiving its objection. Defendant response NO. 50. If the answer to the preceding Interrogatory is in the affirmative, state: (a) When these studies, research, experiments or tests were made; (b) By whom were these studies, research, experiments or tests made; (c) Summarize the contents of these studies and how the Defendant would have acted differently. Answer: Not applicable. 51. Please state if the Defendant or anybody on behalf of the Defendant ever conducted or sponsored or contributed financially to any studies or research to determine if the inhalation of asbestos fibers may be harmful. If so, please state: -16- (a) By whom the research was conducted, giving complete names and addresses; (b) The dates that each such test was conducted; (c) The complete results of each test or study; (d) Supply copies of reports of the research department pertaining to the use by the corporation of asbestos in their manufactured insulation products. Answer: Defendant has not directly conducted any study concerning asbestos. However, as a member of QAMA, Defendant has been indirectly involved in efforts of this nature. The Association should be contacted for specific information concerning these studies. 52. Please state the names and addresses of the Defendant's chief medical officers from 1930 until the present time, listing the periods of time each such medical officer was employed by Defendant in that capacity. Answer: Defendant has never employed a medical officer. 53. Please state to whom in the corporate structure the chief medical officer reports, also giving that person's position or job title with Defendant. Answer: Not applicable. 54. Please state the duties and resonsibilities of the corporation's chief medical officer. Answer: Not applicable. 55. Please state the names and addresses of all physicians who were employed, retained or otherwise engaged by the Defendant at any of its facilities from the years of 1930 until the present time. -17- Answer: None. However, any employee experiencing any pulmonary problem was referred to the L'Institute de la Medicine Industriel de Thetford. Dr. Richard Lambert is in charge of the Institute. The Institute is funded by Defendant and other asbestos producers. The cost of hospital care is underwritten by the Quebec Government through the province-wide Medicare plan. 56. Please state the names and addresses of all persons em ployed by Defendant from 1930 until the present time who functioned as industrial hygienists. As contemplated by these Interrogatories, an industrial hygienist is one who performs engineering or health studies to identify, and evaluate potential occupational health hazards and suggest methods of dealing with same. Please state: (a) The facility or office to which they were assigned; (b) Their complete and precise duties and responsibilities. Answer: Defendant objects to this Interrogatory on the grounds that any report from an industrial hygien ist studying mining employees' exposure to 100% raw chrysotile asbestos fiber is not relevant to an insulator's or bystander's exposure to asbestos products. 57. Please state if the Defendant's medical officers ever made at any time any recommendations and/or suggestion to the Defendant pertaining to the risks or hazards to persons involved in the manufacturing or use of insulation products containing asbestos? If so, please state: (a) Where were such recommendations and/or suggestions made; (b) To whom were such recommendations and/or sugges tions made; (c) By whom were these recommendations and/or sugges tions made; -18- (d) The substance of the recommendations and/or suggestions. Answer: Refer to-Response No. 52 above. 58. Please state the names of trade, association periodicals to which the Defendant subscribed from 1928 to the present date. State whether or not the Defendant had any knowledge of any articles being printed in industry trade journals, essays, memo randa, and other similar sources pertaining to the hazardous potentials of asbestos and which of such articles were received by you. Answer: Defendant has been a member of QAMA since 1958 and has received all its publications. Defendant has also received Asbestos magazine since 1958. 59. Please state organizations, groups, inter-company or industrial organizations to which the Defendant belongs which j conducted studies or researched the relationship, if any, between exposure to asbestos fibers or products and asbestosis and lung cancer from 1945 to 1970. Answer: Refer to Response No. 51 above. 60. In reference to Interrogatory No. 59, please state: (a) The type or nature of the studies; (b) When the studies were conducted; (c) The complete results of the studies; (d) The recommendations of the studies; (e) The resulting implementation of the studies by Defendant; (f) The date when first implemented. Answer: Refer to Response No. 51 above. -19- 61. Please state the amounts spent or contributed by the Defendant annually-from 1936 until the present time for research specifically directed to the relationship, if any, between an insulation worker's exposure to asbestos-containing insulation products and asbestosis, lung cancer or any other pulmonary disease. - Answer: Refer to Response No. 51 above. 62. Please state the amount annually contributed by the Defendant to any independent medical research group or groups conducting research into the relationship, if any, between the exposure of insulation workers to asbestos and any pulmonary diseases. Answer: Defendant is a member of the Quebec Asbestos Mining Association (QAMA) which has been studying the health aspects of asbestos. These studies are financed by contributions from its members. Carey Canada Inc. has supported these studies through its contributions to QAMA. The Association should be contacted for specific information concerning these studies. 63. Please state the names and addresses of the organizations or groups conducting the studies referred to in answer to Inter rogatory No. 61 and/or 62. Answer: Quebec Asbestos Mining Association 580 Grande - Allee East - Room'320 Quebec, Canada G1R 282 64. Please state whether the Defendant has a department, division or section devoted to scientific and/or medical research during the period from 1936 until the present time. If so, please state when it was first formed. -20- Answer: Defendant has always maintained a small research facility for the testing of asbestos fiber specifi cations and other technical data. It has never had a medical research department. 65. Please state the scientific or medical periodicals to which the Defendant, its medical department or industrial hygiene division subscribed during the period between 1950 and 1964 specifying the date such subscriptions were begun. Answer: Although Defendant did not subscribe to periodicals which would be characterized as scientific or medical in nature. Defendant did receive all publications of QAMA which contained articles which were scientific or medical in nature. 66. Please state whether any of the distributors of your asbestos-containing insulation products were provided with any special instructions, oral or written, in regard to utilizing said products in- a manner so as to avoid exposing workers to amounts of dust exceeding the MAC or TLV. If so, please state: . (a) When these instructions were given; (b) By whom these instructions were given; (c) Were the instructions oral or written; (d) The precise content of the instructions; - (e) If the instructions were written, please attach a copy of the instructions. Answer: Defendant published a Material Safety Data Sheet in 1972 in form approved by the U.S. Department of Labor. The distribution of this material was effected by mailing (see Bulletin 381, dated 4/5/72, marked Exhibit B for example) or handed out to distributors and other persons. 67. Please state whether any employee of the Defendant has ever made a claim for asbestosis under the Occupational Disease 21 or Workmen's Compensation Statute of any state. If so, please state the date that the Defendant first received notice of any claim for asbestosis under the Occupational Disease or Workmen's Compensation Statute of any state and state the total number of claims filed for the years 1946 to 1965. Answer: 68. Not applicable. Defendant is a Canadian corpora tion, and all workman's compensation insurance is provided by the Quebec Government. Is the Defendant a member of the Asbestos Textile Institute? If so, when did it first become a member and list the years inclusively of membership? Answer: Available records indicate NO. 69. State whether any representative of the Defendant was a member of the Air Hygiene Committee of the ATI or ever attended any meetings of such committee and list the years of such membership. Answer: Available records indicate NO. 70. State whether the Defendant received copies of transcribed minutes of the various committee meetings, general meetings and Board of Directors meetings of the ATI within one year of each such meeting. Answer: Available records indicate NO. 71. Has the Defendant ever been a member of the Industrial Hygiene Foundation or the Industrial Health Foundation and, if so, state the years inclusively of such membership. Answer: Available records indicate NO. 72. State whether any representative of the Defendant was in attendance at the 20th annual meeting of the IHF in. November, -22- 1955, in Pittsburgh, Pennsylvania, and, if so, give the name and current address of.such attendee. Answer: Defendant is not aware of any representative having attended the meeting referred to in this v Interrogatory. 73. State.whether the Defendant received a copy or copies of the Industrial Hygiene Digest published monthly by the IHF and state the date of initial receipt of such publication. Answer: Available records indicate NO. 74. State whether the Defendant ever requested officials at the IHF to: (a) Perform a search of the medical literature to determine whether any scientists or doctors were reporting cases of insulation workers with asbestosis and/or lung cancer or discus j sing the potential hazards incident to use of asbestos-containing insulation products. (b) Perform any studies or research into potential health hazards incident to the use of asbestos-containing insula tion products. (c) Review governmental publications of Great Britain toward the end of determining whether any research was being conducted by the British Government into any potential health hazards incident to the use of.insulation prgducts containing asbestos. (d) Review governmental publications of Great Britain to determine whether the Chief Inspector of Factories or any other British Government agency had issued any regulations or -23- published any findings relative to potential health hazards incident to the use of insulation products containng asbestos. Answer: Available records indicate NO. 75. Did the Defendant sponsor since 1930 for its employees or distributors any meetings, seminars, conferences, or conventions where the subject of occupational health and exposure to asbestos was discussed? Answer: Defendant has no records of meetings or conferences wherein the subject of occupational health and exposure to asbestos was formerly discussed or presented. However, workers were periodically sent safety bulletins regarding the suspected hazards of asbestos exposure. 76. If the answer to Interrogatory No. 75 is in the affirma tive , state: (a) The date and place of such meeting, seminar, conference, or convention where the subject of occupational health and exposure to asbestos was discussed; (b) The name and address of the speaker or discussant. Answer: Refer to Response No. 75 above. 77. Did the Defendant ever warn any labor union representing insulation workers of any potential health hazard from use of insulation products containing asbestos. Answer: Inasmuch as Defendant is a Canadian corporation and does not manufacture an asbestos product, it has not had any contact with labor unions regarding potential health hazards associated with using insulation products containing asbestos. 78. If the answer to the preceding Interrogatory is in the affirmative, state: (a) The Union; -24- (b) How said Union was informed; (c) The-date and place of said information or warning; (d) The consent and nature of said warning; (e) The individual or individuals warned. Answer: Not applicable. 79. Did the Defendant at any time give any advice, publica tion, warning, order, directive, requirement or recommendation, written or oral, including by U.S. mail, which purported to: (a) Advise the Plaintiff personally and directly of the possible harmful effects of exposure to, or inhalation of, asbestos or asbestos-containing products; (b) Advise or recommend to the Plaintiff personally and directly as to techniques, methods or equipment which would serve to reduce or guard against such potentially harmful exposure. Answer: Workers were periodically sent safety bulletins such as those marked Exhibit A regarding the suspected hazards of asbestos exposure. 80. If your answer to any part of the above Interrogatory No. 79 is in the affirmative, state: (a) The nature and exact wording of such advice, warning, recommendation, etc.; (b) The complete identity of each source of such advice, warning, recommendation, etc.; (c) The date, time, place, manner and circumstances when such advice, warning, recommendation, etc., was given; (d) The name, business address and telephone number, job title, residence address and telephone number of each and -25- every witness to the Plaintiff's reception of such advice, warning, recommendation, etc.; (e) The name, business address and telephone number, job title, residence address and telephone number of each and every co-worker or similar member of their trade and occupation who also received the same or similar advice, warning, recommenda tion, etc. ' Answer: Not applicable. See Response No. 79 above. 81. Has any investigation or other reports been prepared, compiled, submitted or made by or on your behalf in this action? If so, as to each such investigation or report, state fully and in detail: ' (a) The identity of same by date, subject matter, name, address, job title, or capacity of the person or persons to whom addressed or directed; (b) The name, address, job title or capacity of the person or persons to whom addressed or directed; (c) The name, address and present whereabouts of the person who has present custody or control thereof and the purpose of such preparation. Answer: Refer to Response No. 79 above. 82. Do you, your agents, employees or representatives, know of any statement having been made by the Plaintiff or the defendants pertaining to any circumstances of the illness which is the subject of this lawsuit? Answer: None at this time but our investigation is contin uing. " 26- 83. .If the answer to the foregoing Interrogatory is in the affirmative, was any such statement in writing and, if so, in whose possession is such statement, and when and where it may be inspected by the Plaintiff? Answer: Not applicable. 84. If your answer to Interrogatory No. 82 is in the affirm ative and any such statement was oral, when and where was any such statement made, in whose presence was such statement made, and what was the substance of such statement? Answer: Not applicable. ' 85. State the names of all persons who have acted in the capacity as a medical librarian for the Defendant since 1930, and give their current addresses, telephone numbers and current positions with the company. Answer: Defendant has not maintained a formal medical library in past years. However, Defendant recently began keeping an informal library and collection of medical information pertaining to the effects of asbestos upon human health. Karen Giraux, secretary to Michael Prus, is the custodian of the collection which is located at the Defendant's place of business. 86. State whether you subscribed to or received copies of the Asbestos Worker magazine and state the years of subscription or receipt of this magazine. . Answer: Defendant has never subscribed to this magazine. 87. Please state whether you subscribed to the- Asbestos magazine and list the inclusive dates of your subscription. Answer: Defendant has received Asbestos magazine since 1958. -27- 88. Please identify all booklets, manuals, journals and all publications directed from you to customers and users of all asbestos-containing insulation products and the dates said informa tion was forwarded regarding the proper use and application of your asbestos-containing insulation products. Answer: Sales material prepared by Defendant was provided to various distributors. Defendant will make available for inspection all product literature in its possession. 89. Please describe and identify all tests and experiments conducted by you to determine whether or not asbestos fibers contained within your asbestos-containing products would become airborne upon their being applied by asbestos insulating mechanics or helpers. Please state the dates of all tests and experiments and the results -and conclusions of each test and/or experiment. Answer: ' As stated previously, Defendant did not manufacture any finished asbestos-containing products, but has only been involved in the mining and milling of raw chrysotile asbestos fiber. Defendant has not conducted any test as described in this Interrog atory. 90. At any time prior to 1964 were any tests or studies conducted or sponsored by you to determine: (a) The level of dust or fiber concentration incident to (i) Cutting or sawing your insulation products containing asbestos; (ii) Implacing the product on: (1) pipes (2) boilers -28- . (iii) Tearing down the product during repair and . maintenance functions; (iv) Mixing asbestos-containing insulation cements. Answer: Not applicable. (b) Whether long term (20 years or more) exposure to insulation products containing 15% asbestos or less for work periods less than 8 hours a day, both indoors and outdoors, which resulted in the hibernation of asbestos dust or fiber below 5 million particles per cubic foot (mppcf) might cause asbestosis or expose such worker to an increased statistical risk of contract ing: (i) Bronchogenic cancer; (ii) Mesothelioma (pleural or peritoneal); (iii) Gastrointestinal cancer. Answer: Please refer to Response No. 51 above regarding studies conducted by QAMA. 91. Please identify all tests, articles, publications, pamphlets, standards and rules upon which you intend to rely at the time of trial to support your case. Answer: Discovery has not been completed in this case, and Defendant is unable to state the requested informa tion at the present time. 92. Please describe and define threshold limit value of dust containing asbestos and the application of threshold limit value to the asbestos manufacturing and insulation trade. Answer: Since beginning operation in 1958, Defendant has been aware of the threshold limit value (5 mppcf at that time) established by the Provencial Gov ernment of Quebec. Defendant objects to furnishing further response to this Interrogatory, because -29- the threshold limit value is a matter of public record and equally available to the Plaintiff's counsel. 93. State whether or not you had an opinion in 1960 as to whether or not the concentration of airborne asbestos fibers at job sites at which your asbestos-containing insulation products were being applied by asbestos insulation mechanics were within the prescribed threshold limit value for 1960 when said applica tion was being performed and state the basis for your opinion and list all publications upon which you relied in formulating said opinion. Answer: Defendant objects to this Interrogatory on the grounds that any dust samplings taken in regard to the mining employees who were continuously exposed to 100% raw chrysotile asbestos fiber is irrelevant to an insulator's or bystander's exposure to asbestos-containing products. 94. State the date and the source from which you received your first notice and awareness of threshold limit values pertain ing to the concentration of airborne asbestos fibers. Answer: Refer to Response No. 92 above. 95. Describe what action was taken by you prior to 1960 to determine whether insulation mechanics who were applying your asbestos-containing insulation products were exposed to concentra tions below the TLV and state the date and nature of each action taken by you. Answer: Refer to Response No. 93 above. 96. State your knowledge as to the manner in which your asbestos-containing insulation products were cut, sawed, fabricated and prepared for application upon job sites since 1940 by asbestos -30- insulation mechanics, and also state your knowledge as to the manner in which asbestos-containing insulation cement manufactured by you was mixed by said asbestos insulation mechanics upon job sites since 1940, particularly as to the creation of dust, in the form of asbestos airborne fibers resulting from preparation and application of said asbestos insulation products and cements. Answer: Defendant objects to this interrogatory on the grounds that it is vague and overbroad. Without waiving this objection, Defendant states once again that it only engages in the mining and milling of raw chrysotile asbestos fiber and manufactures no finished asbestos-containing products which would require cutting or sawing. 97. Are you aware of articles authored by W. c. Dresden, in Public Health Bulletin No. 241 of 1938, establishing threshold limit values for airborne asbestos fibers? If so, when did you become aware? Answer: Defendant did not begin operation until 1958. Defendant has become aware of the Dresden article only in the past several years as a result of pending litigation. 98. Please state whether or not you ever obtained any knowledge concerning the likelihood of asbestos inhalation being hazardous to health, and if so, state when the first corporation became aware of the hazardous potential of asbestos and its products. State how the Defendant first obtained this knowledge and became so aware of said hazards and from what source this information was obtained. . Answer: Defendant objects to this Interrogatory on the grounds that it is vague and overbroad. Without waiving its objecton. Defendant states that its first knowledge concerning the possibility of respiratory problems associated with excessive -31 asbestos exposure was probably obtained from QAMA. Exact dates are unknown. 99. Please state whether or not Defendant ever maintained a library or collection of medical information pertaining to effects of asbestos upon human health, including its hazardous effects, and if so, where said library or collection was and is located, who the person was who maintained it, and what bibliography of medical articles, materials, and other reports were a part of said library on said subject, including journals, publications, reports and all memoranda published and received by you since 1930. Answer: Refer to Response No. 85 above. 100. Please state whether or not any governmental agency has ever written letters of warning to Defendant pertaining to the likelihood of injury to persons being exposed to asbestos and asbestos related materials of the Defendant. Answer: Available records indicate NO. 101. If the answer to the preceding Interrogatory is yes, which agency, when and who possesses a copy of the letter? Answer: Not applicable. t 102. Please annex copies of all such correspondence and notices of governmental agencies pertaining to said warnings. Answer: Not applicable. 103. State whether any substance other than asbestos can produce the restrictive lung disease denominated asbestosis. Answer: Defendant objects generally to this Interrogatory insofar as it requests Defendant to render a medical opinion. Defendant is not a medical -32- .expert, and is not qualified to render a valid medical opinion. 104. State whether asbestos workers, including insulation workers, face a statistically higher risk of contracting lung disease if: (a) They have asbestosis and (i) have never smoked; (ii) have smoked. (b) They do not have asbestosis and (i) have never smoked; (ii) have smoked. Answer: Refer to objection in Response No. 103 above. 105. State whether asbestos workers, including insulation workers, face a statistically higher risk of contracting meso thelioma, pleural or peritoneal. Answer: Refer to objection to Response No. 103 above. 106. State whether there is any relationship between cigarette smoking and mesothelioma. Answer: Refer to objection to Response No. 103 above. 107. State your knowledge as to the relationship between the inhalation of asbestos fibers and cancer of the lungs, rectum, stomach and brain. Answer: Refer to objection to Response No. 103 above. 108. State when your knowledge as to the association between inhalation of asbestos fibers and the contraction of cancer and asbestosis was first acquired, and state the source of that information. -33- Answer: Refer to Response No. 98 above. 109. State whether you ever conducted or sponsored any tests relative to the possibility.of a relationship between asbestos exposure and cancer, and if so, state when such studies were performed, by whom they were performed and the results of such studies. Answer: See previous Responses regarding studies done by the QAMA in this regard. 110. State your knowledge as to the cancer producing capabil ities of amosite asbestos fibers, crocidolite asbestos fibers, and chrysotile asbestos fibers. Answer: Refer to objection stated in Response No. 103 above. 111. Do you subscribe to the United States Public Health 4 Bulletin Service? If your answer is in the affirmative, please state the date when you first so subscribed to the Public Health Service Bulletin. Answer: Defendant is a Canadian Corporation and does not subscribe to the U.S. Public Health Bulletin Service. 112. Please state the date when you first notified your employees working in your manufacturing plants and factories as to the need to wear and use respirators. . Answer: Since the early 1960's certain employees in dusty areas have been required to wear respirators. Respirators are worn by drivers of the bulldozers and by employees who have occasion to work in the area where the tailings are dumped or in the dry rock storage area. 113. Please state the date when you first notified asbestos insulation mechanics applying your asbestos insulation products -34- as to the need to wear respirators. Answer: As previously stated. Defendant mines and mills raw chrysotile asbestos fiber and does not manufac ture asbestos insulation products. Users of Defendant's raw fiber were first warned to use adequate protection devices (respirators) in July, 1971, when Defendant first began using caution or warning labels. Refer to Response No. 22 above. 114. State whether or not Defendant has ever published bulletins, warning its employees concerning the hazards of inhal ing asbestos and coming into contact with the products of the Defendant containing asbestos. If so, please attach copies of bulletins issued by the Defendant to its employees on said subject stating the date and year that said bulletins were distributed to your employees and the name of the author of said bulletin in the employ of the Defendant. Answer: Workers were periodically sent safety bulletins such as those marked Exhibit A regarding the suspected hazards of asbestos exposure. 115. If it is your contention that Plaintiff's decedent as an asbestos insulation mechanic knew that the inhalation of asbestos fibers was harmful to his health, please state how Plaintiff's decedent would have acquired said knowledge. Please state the date Plaintiff's decedent became aware of the harmful effects of the inhalation of asbestos fibers. Answer: Discovery has not been completed in this case, and Defendant is not presently able to state the requested information. At the present time, however, Defendant intends to assert any and all defenses properly raised in the pleadings. 116. State whether any officers, agents, servants or employ ees of the Defendant has ever testified before any governmental -35 body regarding the possible harmful effects of asbestos exposure. If so, state: . (a) When and where such testimony was given; (b) Summary of said testimony; (c) If recorded, and if so, attach a copy of the answer to these Interrogatories. Answer: All available records and information indicate NO. 117. State the names of any expert witnesses that you intend to rely upon at the trial of this action, and identify the subject matter upon which each said expert will testify, his opinions, and the grounds upon which the opinions are based. Answer: 118. Discovery in this case has not been completed, Defendant is not presently able to state the requested information. '4 ' and If written documentation in the form of "scientific data" will be introduced into evidence upon a trial of this cause by the Defendant, describe each such documnt, and include its title, author, and the date and identity of any publication in which such data was published. Answer: Refer to Response No. 117 above. 119. State the full name, present full address, telephone number of all witnesses who will testify on behalf of the Defendant upon a trial of this cause, and identify the subject matter upon which each such witness will testify. Answer: Refer to Response No. 117 above. 120. Describe all written documentation which will be offered -36- upon a trial of this cause on behalf of the Defendant against Plaintiff. . ' Answer: Refer to Response No. 117 above. 121. Please state if the Defendant intends to assert a defense of contributory negligence. If so, state all facts on which the Defendant bases its contention that the Plaintiff was contributorily negligent. Answer: Discovery has not been completed in this case, and Defendant is not presently able to state the requested information. At the present time, however. Defendant intends to assert any and all defenses properly raised in its Answer and affirm ative defenses. 122. If the answer to the preceding Interrogatory is in the affirmative, state in detail those witnesses who may be called to testify in reference to contributory negligence. Answer: Unknown at this time. Refer to Response No. 117 above. 123. Please state if the Defendant intends to assert a defense of incurred and/or assumed risk. If so, state all facts on which the Defendant bases its contention that the Plaintiff incurred and/or assumed the risk. Answer: Refer to Response No. 121 above. 124. If the answer to the preceding Interrogatory is in the affirmative, state in detail those witnesses who may be called to testify in reference to incurred and/or assumed risk. Answer: Unknown at this time. Refer to Response No. 117 above. 125. Please state if the Defendant intends to assert a defense of the Statute of Limitations. If so, state all facts on 37- which the.Defendant bases its contention that the Statute of Limitations had run on the Plaintiff's claims. Answer: Defendant is asserting all defenses properly raised in the pleadings. 126. If the answer to the preceding Interrogatory is in the affirmative, state in detail those witnesses who may be called to testify in reference to Statute of Limitations. Answer: Unknown at the present time. 127. Please state if the Defendant intends to assert the defense that there is no causal relationship between Plaintiff's injuries and death and the exposure to asbestos and asbestos materials. If so, state all facts on which the Defendant bases this contention. Answer: Refer to Response No. 121 above. 128. If the answer to the preceding Interrogatory is in the affirmative, state in detail those witnesses who may be called to testify in reference to no causal relationship between Plaintiff's decedent's injuries and death and the exposure to asbestos and asbestos materials. Answer: Not applicable. 129. Please state if the Defendant intends to assert that it does not manufacture, sell, distribute, or supply asbestos insula tion materials to the Midwest area, including North Dakota, South Dakota, Minnesota and Iowa. . Answer: <9 Refer to the attached list of.North American Distributors, marked Exhibit D. Discovery has not been completed in this case; however. Defendant intends to assert any and all defenses properly raised in the pleading. . 38- 130. If the answer to the preceding Interrogatory is in the affirmative, state.in detail those witnesses who may be called to testify in reference to said contention. Answer: Unknown at this time. Refer to Response No. 117 above. 131. State all distributors and companies to which the Defendant sold or distributed asbestos or asbestos insulation materials in North Dakota, South Dakota, Minnesota and Iowa. Answer: Refer to Response No. 129 above. 132. State whether the Plaintiff was ever employed by you. If so, which one and when. Do you intend to attempt to set up the Workmen's Compensation shield as a defense? Answer: Defendant was involved only in the mining and milling of raw chrysotile asbestos fiber and did not employ insulators. To the best of Defendant's knowledge. Defendant did not employ the Plaintiff(s). 133*. Please state any product within your knowledge which could be or is being used for the same purpose as asbestos-containing insulation material, and state when it was determined that said materials could be used as a substitute for asbestos insulation products. Answer: . Since Defendant does not manufacture a finished asbestos-containing product, this information is unknown. 134. Prior to answering these Interrogatories, have you made due and diligent search of all books, records and papers of the Defendant and due and diligent inquiry of all agents and employees of the Defendant with a view to eliciting all inforation available in this action. 39 Answer: .Defendant has made every effort to fully investi gate all relevant happenings and circumstances, and these Responses are based on that investigation. 135. If the answer to the preceding Interrogatory is in the . affirmative, state and identify what records of books and papers were searched and state and identify what agents and employees were questioned. Answer: Defendant objects to this Interrogatory, as it would be unduly burdensome, if not impossible, for Defendant to respond with any degree of accuracy or completeness. The information used in answering these Interrogatories was acquired from various persons and documents extending over a period of years, and Defendant would be faced with an impossible task in attempting to respond to this Interrogatory with specificity. 136. State whether any distributive catalogs or other adver- tisement material is disseminated in North Dakota by you. j Answer: Sales material has been prepared by Defendant and was provided to various distributors. Defendant will make available for inspection all product literature in its possession. 137. Do you advertise by any media whatsoever which reaches a North Dakota audience? Answer: Magazines and trade publications which advertise Carey Canada Inc. fiber are as follows: (1) Asbestos (2) Industrial Minerals (3) Gummi-Asbest-Kunstoffe (4) Paint & Varnish Production (5) Paint Red Bood (6) Chemical Week (7) Buyers Guide (8) Thomas Register (9) American Register It is unknown which, if any, reaches the locations listed in this request. 138. Have any residents or corporations or other entities of North Dakota ordered your products by mail or telephone from North Dakota? If so, how many during 1975 and 1976? 40- Answer: Refer to Responses No. 25 and No. 129 above. 139. What percentage of your total sales for the years 1970 through the present were made in North Dakota? Answer: Defendant objects to this question on the grounds that it is irrelevant to the instant action, and not calculated to lead to the discovery of admissible evidence. Without waiving this objection. Defendant has no information regarding any sales made in North Dakota. 140. What is the total gross sales for the years 1970 through the present made in North Dakota by you? Answer: See Response to No. 139 above. 141. By what method do you solicit business in North Dakota? Answer: Defendant objects to the form of this Interrogatory in that the term "solicit" is vague, misleading, overbroad and ill defined. In an attempt to be responsive and without waiving its objection, Defendant refers to prior responses regarding sales literature and brochures. 142. Do you purchase any items from Georgia? If so, from whom and in what amount? Answer: Available information indicates NO. 143. What percentage of your total purchases are from North Dakota? Answer: None. 144. State whether you sold any asbestos products to any United States governmental agency and if so: (a) List each such agency; (b) The year of each such sale; (c) The final government destination of each such product sold. -41- Answer: Sometime in the 1960's, Defendant sold relatively small quantities of fiber to the U.S. Navy. Defen dant believes that this asbestos fiber was stock piled at the time of sale. The final destination of the fiber is unknown. Defendant has no records which would enable it to accurately state the requested information. . 145. Do you do business in the area designated by the U.S. District Court as the Southeastern District of North Dakota? Answer: Refer to Response No. 2 above. 146. With reference to these questions, the Defendant is identified by its present corporate name. The questions are, however, directed, in addition, to all predecessor corporations whether acquired by merger, stock purchase or otherwise. Answer ing such questions does not waive any positions the Defendant might take with reference to "assets only" defenses. Please state when Defendant formed within its corporate structure a group known as "contract units." As contemplated in these Interrogatories, a "contract unit" is a division or group within the corporation which, inter alia, engages in the actual installation of thermal insulation products containing asbestos at job sites. Answer: Carey Canada Inc. has not maintained any contract units. 147. Please define in detail the purpose and function of Defendant's "contract units." Answer: Not applicable. 148. Please state whether or not any Defendant "contract units" were employed at any time in South Dakota, North Dakota, Minnesota or Iowa for the years 1955-1970. Answer: Not applicable. -42- 149. If the answer to Interrogatory No. 148 is `'yes", please state the dates the Defendant "contract units" were in operation, the job sites where they worked, and the names of all employees of Defendant employed by the "contract units." Answer: Not applicable. . 150. If the answer to Interrogatory No. 149 is "yes", please provide the full name of each employee, the last known address of each employee, and the job title of each employee. Answer: Not applicable. 151. On any occasion did Defendant in connection with any of its "contract units" ever advise any of the contract unit employees as to the hazards related to the inhalation and/or ingestion of asbestos fibers? Answer: Not applicable. 152. If the answer to Interrogatory No. 151 is "yes", please note in detail the job site where such warnings were provided, the time period of the job, the foreman or superintendent in charge of the job, and the name, last known address, and job title of each employee of said "contract unit." Answer: Not applicable. 153. State whether respirators approved by the U.S. Bureau of Mines for pneumoconiosis-producing dust were provided to . "contract unit" employees and when first provided. Answer: Not applicable. 154. State whether respirators for "noxious dusts" are -43- different from respirators approved by the U.S. Bureau of Mines for pneumoconiosis-producing dust. Answer: * Defendant uses respirators approved by the Provencial Government for pneumoconiosis-producing dust. Defendnat is currently conducting an investigation into the use of other types of respirators in earlier days, if any. 155. List the supplier and brand name for all: (a) Noxious dust respirators provided to all "contract unit" employees in North Dakota, South Dakota, Minnesota and Iowa from 1962-1968; (b) Respirators approved by the U.S. Bureau of Mines for pneumoconiosis-producing dust to all "contract unit" employees in North Dakota, South Dakota, Minnesota and Iowa for the years 1962-1970. Answer: Not applicable. Refer to Response No. 146 above. 156. State whether the following information was ever dissem inated to "contract unit" employees and as to each item, state the manner in which it was disseminated, by whom it was dissem inated, when it was. disseminated and if disseminated in writing, where a copy of same is located: (a) That band saw cutting of insulation materials containing asbestos should not be attempted without exhaust ventilation and use of respirators by contract unit employees; (b) That insulation materials containing asbestos should not be wrapped or pounded or cut without general exhaust ventilation or air changes or the wearing of respirators; (c) That old insulation material containing asbestos -44- should not be removed or tom down without the wearing of respi rators . Answer: Not applicable. Refer to Response No. 146 above. 157. State when the first manual of safe practices for the handling and installation of insulation products containing asbestos was disseminated to ''contract unit" employees. Answer: Not applicable. Refer to Response No. 146 above. 158. State when the first safety meeting for "contract unit" employees was held in North Dakota, South Dakota, Minnesota or Iowa at which it was revealed to "contract unit" employees that: (a) The inhalation of asbestos dust or fibers might cause asbestosis; (b) The inhalation of asbestos dust or fibers might cause mesothelioma; (c) Insulators faced a higher statistical risk than the general population of contracting (i) lung cancer, (ii) mesothelioma, (iii) gastrointestinal cancer. Answer: Not applicable. Refer to Response No. 146 above. 159. State whether "contract unit" employees who were provided respirators received instruction at the time of provision of such respirators relative to: (a) Proper facial fitting; ' (b) Proper maintenance of the respirator; (c) The necessity for wearing the respirator; (d) The necessity to rotate respirators. Answer: Not applicable. Refer to Response No. 146 above. 45 161. If answer to Interrogatory No. 153 is "yes"/ please state whether or not any physical examinations were conducted on Defendant "contract unit" employees prior to their being furnished with respirators. . Answer: Not applicable. Refer to Response No. 146 above. . 162. Please state whether or not any air-borne asbestos dust concentration studies were run in the field where "contract unit" employees worked. Answer: Not applicable. Refer to Response No. 146 above. 163. If answer to Interrogatory No. 162 is "yes", please state the date such first test was run, the place such first test or study was made, the results of said test or study, and the name, last known address and title of the person or persons conducting such test or study. Answer: Not applicable. Refer to Response No. 146 above. 164. If the answer to Interrogatory No. 163 is "yes", will you without a Motion to Produce, attach copies of all studies and/or tests run relating to Interrogatory No. 163 above? Answer: Not applicable. Refer to Response No. 146 above. 165. If your answer to Interrogatory No. 164 is "yes", attach copies of such tests or studies, commencing with the first study up to and including the last test or study. Answer: Not applicable. Refer to Response No. 146 above. 166. Relative to Defendant's "contract units" please state whether or not Defendant's "contract unit" employees used routers, -46 saws, sanders, grinders, or any type devise used to shape, form, cut or fabricate asbestos-containing material. Answer: Not applicable. Refer to Response No. 146 above. 167. If the answer to Interrogatory No. 166 is "yes", please state whether on any occasion any vacuum systems, dust control devices, or watering-down systems, or systems of any kind designed to reduce asbestos dust in the air were at any time used by employees of Defendant's "contract units." Answer: Not applicable. Refer to Response No. 146 above. 168. If the answer to Interrogatory No. 167 is "yes", please state the first time such devices were used, describing in detail the type devices which were used, the job site upon which such devices were used, the names of all "contract unit" employees on said job, their last known place of address, job title and date of said job. Answer: Not applicable. Refer to Response No. 146 above. 169. State whether Defendant owned or possessed an ownership interest in any asbestos mines. If the answer is "yes", please answer Numbers 170 through 179. Answer: Responses to these Interrogatories have been answered above. As previously stated, Carey Canada Inc. is involved ONLY in the mining and milling of raw chrysotile asbestos fiber. 170. State whether Defendant's mining employees in the course of extracting asbestos from the earth were exposed to dusts other than asbestos dust. Answer: See Response to No. 169 above. -47 171. Relative to asbestos mines owned by Defendant, please describe in detail the mining operation; that is, whether Defen dant's asbestos mines are of the "gravel pit" type - that is, above ground, where asbestos is mined by surface method; or whether its asbestos mines are "shaft" type requiring tunnels and penetration into the earth to extract asbestos. Answer: See Response to No. 169 above. 172. Relative to asbestos mines, please state whether or not on any occasion Defendant provided respirators to its asbestos miners. Answer: See Response to No. 169 above. 173. If answer to Interrogatory No. 172 is "yes", please state whether respirators were provided to all mine employees. Answer: See Response to No. 169 above. 174. If answer to Interogatory No. 172 is "no", please state to what mine employees respirators were provided, giving job classification. Answer: See Response to No. 169 above. 175. Please state the type respirators provided describing in detail from the first such respirator provided through the current date if respirators are still used. Answer: Refer to Response No. 154 above. 176. Please state whether any physical examinations were given to any mine employees prior to their being furnished with respirators of any type. Answer: Any employee experiencing pulmonary problems was referred to the L'Institute de la Medicine Industriel -48 4 de Thetford. Chest X-Rays are provided as part of the pre-employment physical given to new employees. * 177. Were any studies or tests done at any Defendant mines relative to the dangers or hazards of inhalation and/or ingestion of asbestos fibers? Answer: Refer to Response No. 51 above. 178. If answer to Interrogatory No. 177 is "yes", please attach copies of all such studies. Answer: Defendant does not have copies of the requested information and suggests that QAMA be contacted for specific information. 179. If any medical examination of any mine employees of Defendant were made, did any such medical test reveal that mine employees of Defendant were developing asbestosis even though their job was an "outside" type job as contrasted with a job wherein they worked in a confined or limited area? Answer: Defendant objects to this Interrogatory on the grounds that any medical tests done with respect to mining employees, who were continuously exposed to 100% raw chrysotile asbestos fiber, are irrelevant to an insulator's or bystander's exposure to finished products containing asbestos. 180. State whether Defendant belonged to, or was an associate or correspondent of, the Asbestos Research Council of England. Answer: Available information indicates NO. 181. State whether Defendant sold or distributed any asbestos products to English firms or corporations for any year from 1948 to 1963. ` Answer: Refer to objection raised in Response No. 25 above. -49- 182. State whether Defendant possessed any ownership interest in any firm or corporation involved in the mining, processing or sale of raw asbestos or insulation products containing asbestos which were domiciled, headquartered or doing business in the British Isles for any year from 1948 to 1963. Answer: NO. 183. State whether any such firm or corporation possessed any ownership interest in Defendant from 1948 to 1963. Answer: NO. 184. When was the first claim for Workmens Compensation filed by a "contract unit" employee in which it was alleged that said claimant had contracted: (a) Asbestosis; (b) Lung cancer; (c) Mesothelioma. For each such claimant, list the date the claim was filed, the claimant's name and the State of filing. Answer: Not applicable. Refer to Response No. 146 above. 185. State whether the Defendant entered into licensing agreements with any British or German concerns which manufactured products containing asbestos. Answer: Available records indicate NO. 186. If the answer to the above question is affirmative, list for the years 1947 to 1964: (a) The name of each such British or German concern; (b) The year the agreement was entered into and all years between 1947 and 1964 that it was in effect; -50- .* * (c) Describe the type products manufactured by such licenses including: (i) The percent composition of asbestos; (ii) The use of the products; (iii) Whether the products were marketed in the United States. Answer: Not applicable. 187. State whether the Defendant at any time between 1945 and 1970 had an International Division. Answer: Defendant sells its asbestos fiber in Canada to independent distributors for distribution on a world-wide basis. Defendant does not maintain a distinct "International Division." 188. State when the International Division was created and where it was headquartered from its inception. Answer: Refer to Response No. 187 above. 189. State whether the Defendant had an asbestos fiber division which exported asbestos fibers and, if so, whether such division for the years 1947-1960 supplied any British manufacturers of thermal insulation products containing asbestos with any raw asbestos. Answer: = Defendant objects to this Interrogatory as irrelevant to the instant action and not reasonably calculated to lead to the discovery of admissable evidence. In an attempt to be responsive without waiving its objection, Defendant refers to the attached list ` of current Overseas Distributors, marked Exhibit E. 190. State whether Defendant sold or distributed any thermal insulation products containing asbestos to any British insulation contractor for the years 1947-1960. -51- Answer: Not applicable. Defendant did not manufacture, sell or distribute any thermal insulation products containing asbestos. Refer to Response No. 31 above. 191. State whether any Defendant's "contract units" performed any contract jobs requiring the use of thermal insulation products containing asbestos in the British Isles for the years 1947-1960 and specify the year and location of any such job. Answer: Defendant has not maintained any contract units. 192. List the names and addresses of all insurance carriers which provided, inter alia, Workmens Compensation coverage for occupational diseases for contract unit employees for each year from 1945 to 1966. Answer: Refer to Response No. 191 above. 193. State whether Defendant has a file or computer or microfilm record of correspondence between it and its contract unit Workmen's Compensation carrier relative to: * (a) Occupational disease claims filed; (b) Occupational disease claims settled; (c) Occupational disease claims paid by Court or Compensation Board award; (d) Recommendations relative to introducing hygienic programs to reduce the incidence of asbestos-related diseases among contract unit employes. Answer: Refer to Response No. 191 above. . 194. Do any of the finished insulation products manufactured by you utilize, as a part of that product, asbestos paper? Answer: Refer to Response No. 31 above. 52- * 195. If the answer to Interrogatory No. 194 is MyesM, who manufactures the paper used in that product? Answer: Not applicable. 196. For each asbestos containing product manufactured and/or distributed by you state the following: (a) The brand name of the product; (b) The inclusive years of manufacture and/or dis tribution; (c) The type of asbestos fiber used in each product and the content by weight for each product for each year manufac tured; (d) The dates on which caution labels were first placed on each of the asbestos-containing products and the date of first shipment of such products with the caution label thereon; (e) The actual wording of the caution label with a representative size thereof on each product by year; (f) Whether any such product was labeled with the name of a company other than yourself and if so, for what years and under what name to reflect that they were manufactured or distrib uted by another entity; (g) Whether any caution or warning label was placed on any advertising literature with regard to each product and, if so, for what years the wording of such warning; (h) Whether each product is cut, sawed, torn or broken during normal usage, and if so, which. Answer: Not applicable. -53- 197. Have you consulted with any expert whom you expect to call as an expert witness at the trial of this case? If so, give: (a) The name and address of each such person so consulted; . (b) When the person was consulted and what did the person do as a result; (c) The subject matter on which the expert is expected to testify; (d) State the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds of each opinion of the expert. Answer: Undetermined at this time. 198. State the names and addresses of all witnesses the Defendant intends to call to testify at trial and give a brief statement of the substance of the testimony of each such witness. Answer: Undetermined at this time. 199. With regard to the preceding Interrogatory, state whether or not a written or recorded statement or deposition or testimony has been given by such witness and indicate who has possession of such statement, deposition or testimony. Answer: Not applicable. ; 200. Set forth a list of photographs, plats, sketches or other documents in the possession of the party that will potentially be used as an exhibit at the trial of this case by you. Answer: Undetermined at this time. -54- r 4" 4A ? V* A.' ' !>. * { t i BULLETIN NUM3ER 458 AUGUST 11, 1975 ASBESTOS INFORMATION ASSOCIATION/NA ASBESTOS/HEALTH HAZARD For your information we are enclosing two pamphlets, ASBESTOS AND BRAKE LININGS and ASBESTOS IN THE ATMOSPHERE . published by the Asbestos Information Association, Washington, D.C., U.S.A. We found these pamphlets reassuring. We hope you also find them reassuring. Sincerely yours, 'ft*- -t A. H. Bagerfptose Vice President - Marketing & Sales AHB/cb Enclosures-2 ' > ^ +r> 7, -L & r* . . a Lr] J. *,1- ' ft 1 f"^Jrbe* ' / ecsvnpany f t 'I I IIII II I I \ . I i \ \c*# \ !\5-0n*:.`vA*T. .I DM ASSxjO-C A*TIONu Serving .? '/.;.*/ intimity ccnirihihicn of sshasics fen brake Unity' \\--isr to air 7'/./* inrin- //vi-'V.-.Vi!. even in i.-.brn arevs, end /r "<.o itten4in--.-uontir-: broUh fccior in or; on :;fr Crakes- IV ty On A:-'.::*:. Tr.o t::.i of fryi; and ':ir.,:"i resistant clify.'/S'-j r&Rcr.los >n :he m-inuTe.crrro cl tc.otor brsfc.t l;n:,Tis ::5 t: Jve!cp-_-:i in C :r.a` britr.in in 'Icoay. r;ora !.:i<:i fr-t> y.-ors f-.r. no c-ilser nncs i>se:i four.:: v.nicn \;.:i r.rc-S.."- came* c.,-.-nr..-o of sufs, :;.c>r: cio;:;/:.'. .s-sriwnnnca ;is fc.'s'.r-f*fts. VJirc-r-'-'.-i; ice world. ri/rv 00 minion 1 nrlor vt:n-;.' :; o' oil tj-nca- -:ori?ai!or. i.'i'o!:;-. --r:<* in ; ; .-j Itcka .'iirr.;:'. \<j L-f.-rp i.i.'.rn o "2, ?urv n::i2 c.'itsr fine ;:.os. in. vio.v.Cu-iiwjr- : -. revr*.": .c.s'.r.-.i.blis inaf.'i i:r.'n c!?r.:u::'a xly iZ ;j-;r: iv.-r.rc : oy \ w'-.r.o Ihn iv:i. aoto3 i;i : : b.-i.nc anm*.''.!.:. a.-csunci 32 !`. ro: ic-.-'-l.' . rir-.iT'-itu;-' O'MOO '.r-.-.s of c :> ...x> uto-:.1 hi e: bn.'.io ihungs. in i i`. v .Med S-.rt'i-. . ;:t.2 I:. ui.'.n.-.znr. -j . 'In.* IrMcMuon <>i ir- c-uaniiiia?, cf Ecbor-iur- f-c or ::: occups i;r ,0,: b con cay..? renpTf.c.-y I'.'Mis: eric! ccr.crt 11 ' o rnio-oizr-.-r. src-cui-useo i-re.-r:: v.h.fier m3 prr'i::ai in corvine v.'aar of r.abi':;':a-canlainii:!: b-.ba ilirn.jo v.-/::: d rvit.-sso r:,U-.j;: -mir. c: U'-.'nr ir.io t'-c ok-.-:! r.ir. iM:. ocoorn \:so no:rar/nod by n.;o3;-.!co tindirir;-. of : v.mnunlj cf o :-:.3:os fioor in ;hc i!<fi-;a oi 3j:-T. c '..o-i:.:.':. noi i.i.'.v.n so hrxo h; u cocd^ni-ond to ooboc-'.-.i. Wi-ho it is r.sw C i.ocr-iliy fi.tv.;-.-.vod hy b'.o v'yri.i.Miie ascos- tos-iica.'m *:cn r.i:PiTV;.''ity ib.-.t n-'-.-'.d srnr.!: o< fioor to r.o-i .:ona'i;ut= k r.azr.iu to U;e lior.kii oi loo ri-ko,3-' v.ti :;,;:-;i;cn :lii! teriViir.fd t;a.n::-v'.r3'. --..'.t oiinistiioiis from oa'C-a-c--:'.: brt'.i Ibii.-? O'-roo id urb;:r pc~iyi.cn. -i. n;-3 o: mit'.r.'- tol-.cn in i-iiov.cr ir.:V q3c..v..:o!i ;stz now c.v.iiintsi's. i \:U<:wrcos .Vo-.ftno crict; in sni;..! ti.tJ;toc!- C3b: n-.-.oo.vs iT ? ivo-r.:.;:'. rock irv : . :.c:o..-;b.- t.ot {hi .oris! and .c 'vr.i.y r:: ' the j'.-n.a- >,3fa fin-i',; myr-ion t/ .......... into tnoc. :o c.yr on/::..:-,-.::-;* and -- cc r:.r:y..is c; i.v? ,.c:3r c.-nr- i-v-n r-jvi.'.;: j'J - has :/ f&i tisotiysrsc-c o. ,. c-. :"..:iions of icars. 1 hua, '.be nrasc-.-ci o: s ;.C ;:-oy in :-ir is or; y. of ; .;l:u-icn item i.rn.\z iimr.or or ; : .cr soyrcic. . :.r :n;s rkosDr., i:ivoif>p.:.iors !r.tn qjos-.ion ha,' to b3 conii'.ritid fii'.b-.'r cUy ar.oi:;:,d c:.ra and trucr.s acb;can:: . <; in fnc iubc.-; -.ory on 'vd i:r::.o dyr-.a- rnor. re. iiri i i Tn-l r, r/ r il.i 'Cb net* i-urr.wd out over io`- tuo^cri '.:3 c.ors:;;-.. .i.-.n ;.,ai o:, ;.-- from or::'.- ar?` r-;' : v.rev cf coo .-. v if. ;n-j envi- ro.-.r'.?.'.:. li-o.i fooun.. v* * ' r v># rb.:s.m-i.Tir:::-. ..r -i/iiowe: ' \"'i c:- ;:S a'C r. ':o... r-,ic iiiiiro . .. ; 'i re.:',;, . *: z i.^ fbo iotin-i tc r. : -O.m'VC, f..-V; .V, 1.*.3.3C!:.t caitori forstifhn. : r..: rroct r",.... i- \ ; liens t-novroii cc-nv .r:. n -.s;ioc y, -:zeni! and r.'j.s-j norr.iot*' i . r pc'-tr.c'v. Tot'.'! ;;i:td.-r.e ivna cr ii-ro r iiber icon' fcftbs lir.i.-.d . .v-v.r 2Vv tr.-r. `'-.cn tw* ;. ; ...-.,c.i'.:,y r.-f;: ...... V t. . w J. ^ 'lli.. It.pn 'nr.n : ,. ru :::.e :. C-` I.u': tc`ol !30rt:ci::nic c:. ms in s y f-o sice of Lea A.:purec in a si-. .. u'-yi Ti'.a cniou-rt.-.d c. > o; ' .or rr.i".: irr;m broke dninn v.-^r.r : ;r :> air in a lyf mi.on r.ic? is ic-rs to O.DV :: vn .rrr.mr. o.-j wj'r. wictu-r ci air ft, .'..or.ograr.; :s or..: A.iicr.:''. 'ir..::ij.5 -V-Oi- CUtiCIS v": ! .--Dosloo I..'. ' 0c,'. ill- tionr- <n yban : . rc.ov fc? r :? ; -'0 r. riO- C"*ms P'.r ci* l*. i' :o (i- : - ;: cr.;r v.ot "tl.o '.vrni' c( '' . mod.!': a soui.' traction of ;- .: led tsc.tr : : r-.ir."-' r-fmensrs 1. `".I'f.ti Lining Duccrrposit'c'- by J; ,-:rni-;h R. Lynch, f`?.:iond Cc.-.f.r Lvr Urbt.n z. i industrial N-.nlih, U.S. Poov: ice!;;; Ser vice. .outcI r..f th; 'Or Pollution ~ Asc-uoi- S ::o. Vo!. IS. r.o. 12. 8r:4-e?S. iOS-J. 2. "Z'-.'kn md Clulcft rmiccbr.s C-crn-:':d During V'c-lcleOparerie.'..'' by L'icbsci CL ilobsri T. DuChnrnvj end Ooupf.-h H. S:'.ir.or;;. rr.-vcnt ->d c! Automobile F"yi;..-.'riog Meuy.oo. cln y of / v.orr-viive ffn.yncc-.s, inc.. Dutr.v?. f.'.lgb,, 14-18, lO/'i. 'y'.bJ'iy cpon-or-d :r< U.S. EnvirciirRonta! Protection Arsrcy.) 3. "Asbestos: Tha Need For &r:d F-:-ou '-ouy <;{ /.! Pollution Control ;," Con unit:on Vio'v'c Effects of Atrno'To.'ri'; Pcilutn;.:-. t'-fune! /.r.rvt-^my of Ccbv.ccr,, iCDN' 0-305-f::: 27-3, 197!, A. "nocor; of tb? At: cry Cor'inittus on Corioi.'s to tit's Dirv.cto; of tit?. />n?r.ry for Kc: unroll on Cnncar." Gribrn .!:n.rn'-.i e' i'lQu'jjriril Medicine, Voi. 30, pa. tvJ 1973. a. `Ass-a.-'O:; Srcirclens from BfAka Dyi-r-.-rr.eiur Yc-~*s." by A. H. Andaman, ?.. L. 3 ` "or. T\. C. in.Cure end J. W. Cp-ys. proicr-d at A'.iiOinuMla Er.rin.raring Ms-v'.ir-g, ?.oc."*7 of Autor.of:---; Ep.e.inesrs. hi-?., Detroit, Mich., May 14-13, 1973. Addition-! Copies of This DampMst Ais Avaifabfa ios Infoir.trtion Adiotiteiion/i^ovch Atrtsriai VJrO L Street, N.V.'. lV?si:i.'.i|tCrn, D.C. CC0S5 r^ ft '*.rf'H#3f *iK*^#?\.r w f *- /#*..\ t-'1 r<*A> >rt> f-^ fv*, *V**. 4 jf"wik t i.^CJiuyi'i i.\l? `-C? A hazard to h&aith? ? ?. ;r " =: : -- - ' '* -.3 *' u co ro 2. 3 "5 |S ^trf.l r- 1 Is8 g s &* 1= 12. '-j "So IIS 111 'Jh2 3 11! **& IF V ** * :: c nmn H. " h. c; - IllUt!; S ? f =rJ II ^ V: - : V- I! S^ 2?i ;'--v >-' <' o -7r- f: 5 = s ~ - ? ~ O3 o & c: : 3: ~=: : f -l .> 2 3 3 .5 " : References 1. Asbestos: T.ho Need For Ana Fos^'biliiy of Air Foliation Controls. National Academy of Sci ences. Committee on Etolcq-.c Effects oi Atmos pheric Pollutants. ISBN 0-209-01927-3. 1971. 2. Biological Effects of Asbestos Report of the Ad visory Committee on Asbestos Cancers to The Director cf the International Agency fcr Resea-ch on Cancer. V.'orld Health Orgartizat.c-n. IARC Scientific Publications No. S. op. 341-346. 1972. 3. "Asbestos Cancer: Past and Fi/ure Hazards' oy J. C. Gilson. Proceedings of tr.o Royal Society of Medicine. Vol. 60. pp. 395-403.19*73. 4. "Epidemiologic Surveillance of .Mesothelioma tn Canada" by A. D. McDonald and j. C McDonald. CMA Journal. Voi 109. pp. 35S-2G2.1S73. 5. Background Information On Development Of National Emission Standards For Hazardous Air Pollutants: Asbestos. Beryllium. And Mfcury, Environmental Protection Agency. EPA-AP'iD1503. pp. 22-23. March 1973. 6. "Standard For Exposure to Asbestos Dust!' Fed eral Register. Vcl. 37. No. 110, pp. 11316-11222, June 7.1972. Additional copies of this pamphlet are available. Asbestos Inforrrntion Association North America 1660 L Street. N.W Washington. D. C. 20936 UlEX-CAHADIAN ASE35703 P. 0. E0X 15070 CINCINNATI, OHIO 45215 \ TO. DISTRIBUTORS DIRECT CUSTOMERS SALESMEN SUBJECT: CAUTION NOTICE Oil ASBESTOS BAGS 27 July 1971 Bulletin No. 368 . In the very near future all of our bags -will show a caution notice as follows: . ' CAUTION t . ' This bag contains Chrysotile asbestos fibre. Persons exposed to this material should use adequate protective devices as inhalation of this material over long periods may be harmful. It is our understanding that our competitors are including such a caution notice on their bags also. CARS'*-CANADIAN ZVWSiSS, LTD. WEST ISLE TOWER. SUITE 303. 2121 NORTH SERVICE ROAD DORVAL 740. P.Q.. CANADA - TELEPHONE: 514-633-2930 CABLE ADDRESS: CARMINES MTL. - TELEX: 05-24552 April 26, 1973 /Bulletin No, 401 TO: * SUBJECT: ALL CCM SALESMEN, DOMESTIC DISTRIBUTORS, DIRECT CUSTOMERS & EXPORT DISTRIBUTORS. ASBESTOS & HEALTH Please note the attached press release based on AIA/NA material released in the U.S. earlier in the month. Similar coverage is being provided in Canada by The Quebec Asbestos Mining Association to all leading Canadian newspapers, trade journals and wire services. /dm. ' bcc: M. Prus ' . A. Bagenstose " ' A. Bowe ... _ Pile C *' Address * ` Quebec Asbestos Mining Association, Room 412 - 5 Place Villa Marie, 'Montreal 113, Qua. For Information . Matt Swetonic ' (212) 689r3378 For Immediate Release World Health Organization reports: ' V . Asbestos in environment not public health threat ' . ' ' NEW YORK -- "Recent findings that levels of asbestos dust in the environment do not endanger the general public -- as reported by . ' a World Health Organization agency ~ confirm the position of the asbestos industry," says Matthew M. Swetonic, executive secretary 'of the Asbestos Information Association/North.America. -The findings are contained in a report of the Advisory ' Committee on Asbestos Cancers to the director of the international . Agency for Research on Cancer, a division ox the WHO. They are conclusions of a specially selected panel of medical researchers convened following the IARC conference .on the "Biological Effects of Asbestos" held at Lyon, France, October 5-6, 1972. According .../2 ft 2 * to World Health Organization headquarters in Geneva, the full proceedings of the meeting will be published sometime this year. Commenting on.the IARC report, Hr. Swetonic calls it a major contribution by distinguished researchers from all over the world, and the most comprehensive presentation of facts available about the occupational hazards of asbestos- and the relationship of asbestos to the general public. "The Lyon conference," Hr. Swetonic adds, "was attended by 130 participants from 20 countries -- including Belgium, Canada, Czechoslovakia, Denmark, France, West Germany, Italy, Japan, . South Africa, Switzerland, The United Kingdom, The United States, The U.S.S.R. and Yugoslavia -- and is representative of world medical opinion." .. According to Mr. Swetonic, the major conclusions of the IARC report can be summarized as follows: ^ ' The population at large is not threatened by asbestos .. '..fibers in the atmosphere. Surveys in a number of - . countries have shown that the concentration of asbestos .. j. . dust in the urban atmosphere is about 10,000 times lower . than the concentration known to be safe for occupationally .. exposed.workers. - While a direct relationship between inhalation of excessive . * .' * asbestos dust and certain diseases was confirmed, risks varied according to the type of fiber, the type of occupation, and the extent of engineering controls . implemented in the workplace. % /O /w  -'No increased risk of disease results from asbesros * fibers which night be present in the water supply, beverages, food, or in the fluids used for the administration of drugs. - It is confirmed that cigarette smoking greatly ` increases the risk of lung cancer among men and women, exposed to excessive asbestos dust in their occupations. The IARC report also recommends that future research be directed at understanding the mechanism of disease production, at ways to control disease and protect workers from excessive oust levels, at methods to determine the quantity of asbestos fiber in the human lung and other tissues and at the standardization ' of diagnostic criteria. 's" ' Much of the world-wide research into asbestos-related disease is supported and coordinated by the Institute of Occupational and Environmental Health,,of Montreal. - . Established by the Quebec Asbestos Mining Association in 1956, the Institute's goal is to support and coordinate medical research projects around the world aimed at identifying and eliminating asbestos-based health risks not solely for Canadian asbestos production workers but for all worldwide fabricators and users of finished asbestos products. ' ' 30 'ASBESTOS AND YOUR HEALTH The Quebec AsbesEos Mining Association has issued a leaflet answering In English and French some common questions about asbestos and health. ` * . '* * ^- \ * ." - ' *. ' -. . . Ve believe that this is a good time to counter some of the hysteria prevalent among the uninformed today. Use the booklet to disseminate in short form some of the information that, is available to us today from the latest researches made on the 'subject. 1 '' ' .. ' Should you. need more booklets just let us know and we will mail an additional supply. . .. ' -- ; Vi*;:;?-.?. . V A. B. Bagenswse .' . Vice President - Marketing & Sales .... .. . . ' '; PRlbba *t/7S I \ t 3SK tt. v **g-g 0 2.5* 2 rs-s p2.=- ? ' 2. ST 5 SC = - rs *s-s^ ? 1 "*< S - 1 5b X j!3 n.c-5 " *= "sJ'.3nc: "c ., 5-s ; i s rS-- f ! I 111 s.i *?Rl.g2 fe.*23s. o-'S2-'5Ss 2* ,oS|?B,,3 :"*q.o 3 = 2. 5{"iCC.5 -. Si = 3 O o >< S o. ICL:iSy-I'BaISSPir-nB8ss O-8ia=Is=sa*~'&*;;5?1 *<5 ^ S' H" Sf&85.''3ltf?l.*'SS3f3t SH"d?srji;s:s5-SSST~-^ So 5 S^fJ=fi 2|.1. R i3| f el ?<orse.?2 e5 H_ s i 5. " ' e. ~ ?;. r- s ; * s lC s O.QQ 3 **si?*i| 5 e *~*a :r c- a Ci. o ffl Sk<1r*--1=5rs.r.pfr1r..:,,'>*ns-?t*i;. Ip JaJ;. fot (3is =a = oS ,<<2s* -3 S.7|TJ 3 s' ? 7 ' *2 w- = = 3o 3p So -S-=g- =* o3 ii? j-rc 5s".32.=i: =-r. ea X* se - rss II Iff?! a 5A*CsJrnO't-fS=r *0 -- 3 s 5 s*-- j c?.s~-OS=S '5' c, rjT.. 2 =: j.= li.;5a r.2)Tif;5? o- ST 5- c. sr ej2;r.' s -s S 3C ST . o-fri c slfoi o 5 2 (. C. 9 8.511 5 j5 E; =3 "? =! = ^;5 ^?2 gSC - = SE.yo> gSfgS *33*a; " *< a-3 = 3 *L 7 -- r: sr 5* a sr s i^g-s. ; K- 3 3 ' ?. != W hat about substitutes fo r asbestos? B.rf*.unk,o^i*a.krfdiiufc. Can chrysotile asbestos be safely used in the w orkplace? Once asbestos enters tlie lung, does all o f it rem ain there forever? ft ft Carev-Canadian Mines, Ltd. P. 0. Box 190 East Broughton Stn., .PQ, Canada GON 1H0 Phone: (418) 42S-3050 Telex: 05-834 554 CAREYMINE EABR ' - Cables: CARMINES EASTBROUGHTOJVPQ ` Bulletin. 495 February 211977 ` .. TO: All-US Distributors and Customers . Gentlemen, . '- * ` We' are enclosing herewith a copy of the US Federal Register, . outlining the contents of the advance notice of proposed rule, . . vhereby, if accepted will classify Asbestos as hazardous material. ,***. For your information, please note that we -are, through the _ ' * Quebec Asbestos Mining Association, preparing a brief which will * .be presented before March 14th, .1977. .. Please note that.you are most welcomed to take similar action, end in the event that added information would be required, please feel free to contact the undersigned. . . .' .i -Kind regards. TRAFFIC MANAGER CRT/mfn t-ct--> T-WJIWHW*;. I f.' J'-Hi." uI ,M1 -.J.J ^ . wj.uywwi? 5KS2I * at all times. This request is being c.r ' e-Jdered bi*raue I li/nlird requests ,, <2>): <3 err. >.*c(t)(S). aa ern .m*i(c) ^ 21.1 (l 13 r.xitltc ihi mI i COO . . nj-cnitipj durine this period. iThcrc wert; Norn.--Tlic Coast Cusid has determined ' tf) Ot*crpcymcnl coses. llnUtkmvnt t ipht requcsts'diirlng 1375-1070. Jittfres'.cd ;t-r?oiu may participate in that this tK-cutasiu does no-- con'-slo * sn'Oor propassl requiring preparslleu o! s.i intis- will be churned-for ju> overpayment in v educational r.r.j;stanrc allowance only If tnts proposed rule making by submitting tioa Impact 3l>.Wr..rnt under nserutlve the overpayment is discl>art:c-rl in bank written data, views, or arguments u the Order 11021 and OMU Circular A-107. ruptcy or waived and is not recovered. Commander (onn). Ninth Coast Guard Dated: December 3.3S7G. The charge will be at tlie npjiropiialo District. 3250 East Ninth Street. Cleve land. Ohio *4)93. Each person submitting - comments should include his-name-and address, identify the bridge. and give rcasons./or any recommended change in - * * D. J.Rilev. Cepfain. VS. Const Guard, Actintr Chief, O/Tice of /ferine 'Environment end Systems. ,, ' rale for the elapsed period the overpayment. ft < covered * by .* 2. In {21.4003, paragraphs Cd), (ir). ' the proposal. Copies of all written com munications received will be available 1771 Doc.7t-CftlH Filed 12--7C:S:4S *mj fhl and (l) arc revised lo read ns fol lows: ` for examination'by interested perrons at _ VETERANS ADMINISTRATION the office of the Commander. Ninth Coast Guard District. . ` * .. \ 38 CFR Part 21J * ' The Commander. Ninth.Coast Guard -District, will forward any comments re-, ctlved before January 12. 1377. with his recommendations to the Chief, Of5cs of Marin; Environment and Systems, U.S. EDUCATION ALLOWANCE 5 . OVERPAY!/. ENTS * Charging of Entitlement; Review Board Made Permanent . . * ' , Coast Guard Headquarters, Washington, , The following regulatory changes are D.C.. who will evaluate all commuruca- ' made to clarify and update existing -Uons received and take final action on provisions- ` * *' * ** this proposal. The Proposed regulations Section 21.1015 is amended to provide may be changed in the iigbt of comments proper rules for charging entitlement for 27.4909 0rrpa\i>irifc; \-aver t>r re* . covcry. * (d) Field station comm if fees, the field station regional committee having juris diction over the avea in which the school. is located is authorised to find: .: O) Whether recovery may b; waived as to the veteran or eligible person. * .(2) Liability of the school or liability o! both the school and the veteran or eligible person. received. . \ overpayments, the collection of which is W ft * ft ft ft * * In consideration of the foregoing, it is barred by a discharge of the debtor in a (g) Administrative reviews. A rconcst proposed that Part 317 of Title 33 of bankruptcy proceeding. . for an administrative review wiil be for the Cede Of Federal Regulations, be Section '21.4009 is amended to indi warded to,Centra). Office where ft will be amended by revising $ 117.70G to read as cate that the Central Office ad hoc re considered by the Central Office Gthnol . follows: '. 33 7-706 Sandusky Bay, Ohio. , view board is renamed and made a per Liability Administrative Review Board manent body. - convened for that purpose. The Roaid'.-. Interested persons arc invited to sub- decision will serve as authority for in -anit .written comments, suggestions or stituting collection pri-erdiKS. if ap .fb> Ohio , Department of Highways .briepc "between Martin Point end Dart- objections regarding the proposal to the Administrator of Veterans Affairs propriate. or for discontinuing collec tion proceedings instituted on the ba.si: Imry. Cl) The owner of or agency con t271A>/ Veterans Administration. .8)0 of the original decision of the field sta ' trolling this bridge shpll provide the Vermont Avenue, KW., Washington, D.C. tion'committee in f.ny case where tht necessary draw tender and the proper 20120. All relevant materia) received be Boa.rd reverses a finding marie by t)v mechanical appliances for the safe, prompt opening of the draw for the pas fore January 10.3977. will be considered. AH written comments received will be committee that the school is liable. (hi Review tint! wiodi'/icofion.The Cei> sage Df vessels except when Jce prevents available for public, inspection at the Iral OfSc; School Lia.bSlily Administra navigation. _ . ' above address only between the hours of tive Review Board-may review an *2) me opening signal and, lne.ac- . g a Tn, arid 4:30 p.m. Monday through modify its :.-,ion upon submission < .hijowjc-o-ing signal shall be those pro- . ecrib'-d in paragraph (a) (2) and f3> of this section. *- ' (3) Tlie draw shall open on signal, ex ` `fcept that the draw need not open from .11 pun. to 7 x.m. daily. except when no tification prior to 3 p.in. has been given. (4) _Advance notification should be _' given to the Sandusky Post, State Kigh- .'.way Patrol. * * . *. C5) Public vessels of the United States, , .vessels in distress, ana state or local gov- Friday (except holidays), during the inenUoned-33-day period and for 10 days thereafter. Any person visiting Centra) Office for the purpose of inspecting any such comments will be received by the Central Office Veterans Services Unit io room 132. Such visitors to any YA field station will be informed that records arc available for inspection only in Central office and furnished the address and the .. new and re :.) evidence. Tnc field sU lion com- will forward such ev dencewit: commendation. . * (i) Fin', jf decisions. The Cents Office Scb.. . Liability Acbninistrati Review Eom.i has authority to act for l Administarlor in making administrate reviews of determinations .that- a r-cb- is or is not liable-for an overpayment a veteran or an elgible jierson. Thcrr no fight ol appeal. . "emment vessels used for public safety . . .. - ' . jm XXc.7fr-06J92 Tiled 12-&-7C;8:45 Vrr. c Shall be passed through the draw of this The Veterans Aarmnistration has de c bridge as soon as possible at any time "lermined that this document docs not D&PARTI/.ENT OF * ."even though the closed periods may be - contain a major proposal requiring prep- .adneffect. ' . aration of an Inflation Impact SUte- TRANSPORTATION * 6) The owner or agency controlling menl under Executive Order 11821 and . Materials Transport*lion Bureau . .JTie.bridse shall keep a copy of the reg*.'illations in this section, together with "vi-notice statinc exactly how the Sanz`Juslur Post. State Highway Patrol, may ' reached.' conspicuously posted both Slipstream and downstream, cither on the OM3 Circular A-107. % * [<9 CFR Paris 170. 27). 372. 173. Notice is also given that it is proposed . to make these-changes effective dale of 175. 176, 177. 173, 179, lfclO.JBl. 1S3.J64, IBS, 1E6,1C7, 133. 389} final approval. * * ; .~r--` V._ - * , * Jgtoekel Wo. J1M-)*5J Approved: December 3', 1976. ; " -ENVIRONMENTAL AND HEALTH EFFi MATERIALS-1 * bridge or elsewhere In such a manner - ...'t..h..a...t..i.t...c..a..n. ..b.e easily rrena*d ftTronmm aa"n aanp:*- ^-proachingvessel atall times. ? - ' -v,_ ` * ` m ' -- * % V jjy direction of the Administrator. . . Advance Notice of Proposed Rulemal "- ` "'Oo'xLLW.V-UCKK,^J -In issuing this advance notice of -r . Deputy Administrator. *' posed rulemaking, the Materials T _____ . .* . . . . - -nSie.'S.g* Stat. 3C2, M*caen<JiS.rtet 6(c) (2), - 1. In S 21.1045. paragraph (f) is rc-. portation Bureau (MTD) is givin . *0 Slat. 237; (S3 U.S.C. *09,49 U.S.C..lSSJ(c) . ft * v *isM*ed to .- *read as follows: *' * _* '. * rv - . *tce --; tyhat.*it.-iIs cos` -n*Js*id' erving whelb%c .. .-- -.--t---s----- ---- ' r.; * i -. , t . * .. *: .* : ' ItOUAt ItCISXU, VOL 41, NO. 231--IHUHSDXr, D!CM*t 9, IT/* mtm er-nrlril'.lotinl transportation controls are which In a particular quantity and form Appendix Tl). Tlic selection crllr-ri.v \---c-l Ticc'crswry for cJ:sssert of materials * "may jV'-'-c an unn-aw.nabie ri*k to heal*' hevogntara ciTccts of chronic occu;.vtl/.haI sentins ct-rK'n > laanrds to humans i and rafety or property * '* _ftc;vj>urc -M*'h m:-y be cp:i(c fu: In 'to tits Q:v\lior\:iicit nml which arc not Time from tl:c o.-.-.c; of rx;>'-. ::re. sericrr-Tly saibjecl to the existing Hazard-. us Materials Regulations (IlMll). TheMTS fc particularly interested in recclv- its _ jog vic-.-s on the practicality and need materials Jor transportation controls on materials h= whose potential release during or' inci The; _ __ dent to transportation may result In r.n been primarily di<rected at centrolline Uic 'l"ivTely concernMe%du wr> ithl |pivc.xvsiibw'iro, lhl.aVz.fairrCdAs ' unreasonable risk , to property, tbc en handling of Die materials and was ffuur-r-a..s..s..o..c..i.a..t.e..d....w...i.t.h....health cffeeLs of ashc.-los vironment. or to human health and ther coniffiirn.ed 1to Uie circumstances of the 'pai liclcs released during tranv.ioi tation. safety, as has been"determined through hazardoiuuss materials transportation ac- Tlie 'O_rgani/ation' fdr Economic Co* exposure bi the work place or exposure , tivity. This philosophy has led to the dc- operation and Development has issued a by environmental accumulation. ' velopment of a series of regulations found decis-ion of- the Council on Protection of This action Is in response to recom in Title 49 of the Code of Ecderal Itcgula- the Environment by Control of Poly mendations from other organizations tions.These regulations define the classes chlorinated Biphenyls (I'CR s), which _ who have exprerred a desire for the MT3 of hazardous materials and lilt materials was adopted at its 3)5th meeting in Paris. "to take more effective steps to deal wi:h. contained in the classes (49 C1R 172.101). France. February 13. 1073. and which certain unregulated materials. Present DOT definitions of classes of recommended that member countries re . Comments. by.'.March H. 1377._______ materials regulated as hazardous arc quire labeling and specification package ' * Addressed for Docket Section, Office of found in 49 Cr R Part 273. Definitions ing for the transport* PC.'l's. Both Die Hazardous Materials OncraUons,D.?part- dealing primarily with toxic effects, EPA and the XJ.S. Department, ol SiAlc . jnent of Transportation. Washinston. found in Subpart H therein, include thoso have indicated concern over the hen)111 D.C. 20590. Comments should reference of Poison A (173.3261, Poison B effects of these materials founded, in Docket No. HM-145. It is requested that ( 173.343), Irritating materials part, upon the PCB's levels found in the comments be submitted in five copies. ( 173.331). Etiologic agents 0 173.336) fisheries of the Great Lakes, certain . ^ Bacxcaooro and Radioactive materials l 173.2S31. foodstuffs,'and in the m:i): fat of nursing The existing definitions are generally mothers in several Stales. In Seclion C A number of public and private or limited in scope by reliance on testing of the Toxic Substances Control Act ganizations ar.d environmental agencies criteria that may not provide adequate (Pub. L. 94-463, October 11. 197G) Con have expressed to J.ITB the view that the consideration of the risks that transport gress has directed EPA to prescribe * MTE should consider establis'ning trans ing some materials may have c>ri health or methods of marking and disposal of portation controls to deal with materials environmental effects. Some of these lim PCD'z.and has completely banned ninnu- which arc not regulated or are onl7 itations in the transportation regulations facluic and distribution of these ma partially regulated by the XJJS. Depart- can be recognized as: Ca) Not listing as terials within two and one-half years of- meat of Transportation's (DOT) KAfR, KMR. those materials which when di- the effective dale of the Act, subject to transportation of which may pose certain Tectly exposed to man over a prolonged exception by the EPA Administrator. hazards that the DOT previously`has not period of time (month to years) effect formally recognized. The Natural Re his health; (b) not listing as KMR, those .V _ / * -'LuClSU.nON ` . - sources Defense Counsel, the General materials which when discharged into the Additional mechanisms, cilber existinV Electric Company,'the National Tank environment pose imminent anti .substan or in development, which address health Truck Carriers, .the National Maritime tial danger to public health or welfare, or environmental effects of various ma Safety Association, the U.S. Environ including, but not limited to, fish, shell terials. cnay exist at both Uie Federal and mental Protection Agency (SPA),..and fish, wildlife, shorelines and beaches, or Stale level. Such programs as can he the Occupational Health and Safety Ad (c) not listing as IIMR. those materials identified may be considered by the MT7> 'ministration COSHA) of the Department which when found in man's food."water, in evaluating 'any action it may take. r Labor have expressed various con-. . or air may endanger his'health. These State programs pertaining to the trans terns with the transportation of mate risks have been addressed to some extent portation of materials called hazardous rials that may cause or contribute to the by agencies outside this Department. wastes are of particular interest. Incidence of cancer, birth defects, gene tic changes, environmental damage, and - Actions'or Ornsa Acrxcrzs Recent Federal legislation includes the previously mentioned Toxic Sub other ciTccts. some poorly understood, In connection with possible modifica stances Control Act which provides EPA and which in the past have been regu tion of existing MT3 classification cri Willi authorization to require prc-markcl lated. if at all, "primarily because of teria, the MT3 may consider partial or evaluation of new chemicals, as well as other more easily recognized hazard full adoption of criteria, and lists of ma evaluation of some presently known ma characteristics. Such materials are re terials identified thereunder, which have terials. Although full implementation of ferred to herein as "environmental and been developed for specific purposes by this Act b.y EPA 1s some, lime o__ff. activ- health effects materials." The MT3 is other agencies."This approach has been * Itics of E?A and industries regulated considering the development of rules to employed in this Department's definition unri.e...r...t.h...e...A...c..t...m...ay provide a great deni deal with the transportation of a variety of environmental and- health effects materials, to Incorporate a systematic " approach to identification of the kinds of of etiologic agents, 49 CPP. 173.336, which rely on identification of such agents by the Department of'Health, Education, and Welfare. . 'The EPA has proposed rules under sec of information concerning environmen tal nnd health effects materials. Title III of the Resources Conserva tion and Recovery Act of 1D7C (Pub. r, SM-5S0. October 21, 1975) directs the EP/ hazards that might require attention. tion 311 of the Ecderal Water Pollution Administrator to develop criteria fo- Identification of materials that pose such Control Act C33 U.S.C. 1321) which iden identifying hazardous wastes and a Iks hazards, and evaluation of the appropri- tify 206 materials as hazardous, sub of such wastes to be subject to Ei\\ reg _ ateness of regulating such materials in stances, based upon their toxicity Jo * transportation. Any such action would" aquatic, mammalian, and plant organ- ulatory control. .Any pror-ored or existin' hazardous waste transportation conlrc activities mint? specific packaging, label- be based on Section 104 of the Hazardous isms, as well'as their potential for cn- -inn. and shipping documents are of Inter Materials' Transportation Act of 1374 tering the navigable waters of the United csl Jn the MTD's evaluation of environ tPub. I 93-633, S3 StaU 2156) which States (see Appendix A). . . - menial and health effects materials. authorizes the'Secretary of Transporta The OSHA of the Department of^ La rox, Request Comment tion to designate as a hazardous mate- bor has published a list "of materials It To assist the MTB In Its cxaminallo N rial any material the transportation of considers to be human carcinogens (see Of the possible, need for further Idcnll - I10IAI kicisux. VOL 41, NO. 23*--1HUZ50A.Y, DCM* 9* J97* .. '. *V '''2y. . . PROPOSED RUIES - m * i'jVn- kin] forUrol of environment*) ,.i hrqHh 4-ffi:cU materials moving in b.intfcc, comments on the following tiefU*t`uld be useful: . j Whether or not oriditional reguJa- t environmental and health effects in transportation Is needed and ' . Pr.ocr.tu Plan * .* If rulemaking is deternum-d appio- p.-jate, under this riociic-t. the MTD may consider a limited revision of the Iimu-.iiI clfvr.sification; develop a list of sub stances; and provide e discussion for the' basis of their selection. In addition, (his . COMMON Katie- onllnurd Ammonium thio cyanate Air.iwolcra thlo- . Mil fate ' Antimony potassium Uirln-vr* Antimony irtbromlde Fndnn yithkm Dthy:nii<liainlne- tetraiwelis arid Alurr.lmi.-n fluoride Ammonium -- btitur-rld e* s :>.!/50. 2. What sort of human health effects ould be considered. - 3. What`sort of environmental effects ould le considered. C. What eriteria should be used to *s- tain effects and identify materials. - MT3 is concerned that duplication research efforts carried out by other rncies be avoided ?.s far as possible d is interested in the suitability of cen tring lists of materials identified by ier agencies as having adverse cn- jnmsntal or health effects. . . . Whether modifications to existing T hazercous material classiffcations, establishment of new classes, would t accommodate lha identified en- mmental and health effects maltrials. . What sort of transportation con- is may be'needed for identified en- >nmcnUl and health effects materials, se-nlly avr.Dable controls Include eifjeation of the physical containment ersary 'nr transportation of a ha-* jous material, as veil as systems to ire adequate communication of in effort may include consideration of regu latory requirements pertaining to com munications. packaging, handling, soid psrsoiuiel training. . ... The MTD will be reviewing any com ments received to answer questions out lined above and with a view to establish ing scl.-e'-ion criteria and rationale which would indicate specifically: (a) What types of toxicological data are meaning ful; fb) in what context should these data be used; and (c) what degree cf risl: may be viewed as acceptable under what given conditions. Certain testing require ments may be established by the MT33 to address: ta> Tne potential biological threat of a material; and fb) the prob able occurrence of that threat during transportation.- _ *. \ .* The materials Included in the 1>PA Hazardous Substances List and the CSKA list of carcinogenic chemicals, which are not presently regulated by the MT5 in the Code of-Federal IIemulations, Title 49, are contained in Appendix A and B of this advance notice. These lists arc Ar.tlmoi.y trifluc-rlde Antimony IrloxJde Arsenic disulfide Arsenic trlsulDde Benr.c-lr i.c Id nrnaonlirllo Beryllium chloride Srryllitim fluoride Beryllium nitrate Cadmium Acetate Cadmium bromide Cadmium chloride * Calcium hydroxide Calcium oxide* Captan ` Carbary)* _ ChlordMio ** Chloroform* * * Ammonium chro mate Calcium chromate Chromic acetate * Chromic sulfate Chromous chloride Lithium bichromate I.llhlum chromate Potsatliim chromate Sodium biehtomate - Sodium tin ornate Strontium chromate Ammonium nuorlde' St*dtum htr.uc-.'ide Sodium ffuoridr* StK'ianua fluoride Fumaric i-cld Ctithlos ' llej-tachlor )lyd rexyl.-vml n e Ferric ammonium citrate Ferric ammonium oxalate * Ferric chloride* Frrnc fluoride Ferric nitrate Ferric sulfate Ferrous ammolum auUate Ferrous chloride Ferrous r-n)fate ifelthanc ' _ lA-ad acetate - Lead Euoborste - )-c>d fluoride * l^ead Iodide Lead stearate . ly.-Nd sulfide * J.exd tetrr.ucelalo Jx-id thiocyanate )A-r.d thiosulfate - nation on the material and its haa- ; to persons handling the material )e It is in transportation or in storage dental to transportation and to per-, .responding to an emergency.Degree on* *o) generally reflects the intensity provided as example lists of materials only and interested parties may wish to include in their comments specific refer ence to these listed materials as appro priate. .*.,-.. ' * If sufficient interest 'is expressed in Zlpe bichromate . CohaUeut bromide Cobalioin. fluoride Cobaltous 1 r-rmr.te CibaUonr. r-uliamate Cupric licrtr.te , Cupric chloride** Lead tungstate Undone* . J.laltlhloD* 1-ftlcJc acid _ * Maleic anhydride Mercuric nitrite " Melhoxychlor - if 1 hazard. Should packaging con comments, an informal hearing on this i'....- necessary, performance stand-. . rather than specification standards be considered. .* * With regard to haaardous waste, subject will be held in Washington./hC., no earlier than February..*!. .J977.' The time, location, and agenda of the hear ing, if required, will be published in the t classification system may be used Federal Register. . -. - * . Cupric formate . Cupric glycisate Cupric lartAte * . Cupric nitrate Cupric oxalate Cupric Mihacctate Cupric suit nte . Mevlnphos pitied * '* ' 'Khpbihcnlc ecld * PJckcl ammonium sulfate * Piehel formate Ulchel hydrctlde ! . - early identify mixtures as opposed to (I9U.S.C. 1203, 1204. 1208; <9 CFR 1.53 Cupric sulfate, Kiel:cl nitrate , * le compound materials; what pacin (e) and paragraph fa) f of Appendix.. ammonlaf-ed* Nickel sulfate *. gs'may be appropriate for transpor- A to Part 102) , .; n; and how existing transportation mentation can be used to cover ipoft of hazardous-wastes from the ralor (shipper) to the disposer signed. Should new or additional transpor- , ' Issued in Washington, D.C.. on Decem ber S. 3976. - Dn. C. H. Tuorcrsox, , Acting Director, Office of Haz ardous Materials Operations. n.controls be necessary, what the Aerrnoix A--'O.S. nvtaokigcntal Protection ct on affected industries may be. Acrucr Fxorcsis H.cl*.cdocs ScrjTAScrc what a reasonable implementation J40 TTl 59950--December**30, 3975) lule would be. The MT3 is specifl- .KATXXlaOS vert ifltuail ST M.SOT CTS Cupric tartrate * * . Cuprous bromide* ' Coumaphox Cresol Cyanogen r-hlorlde * 2,<.D (adld or asters) Di'.spon . DDT* . . * Disamba * .Diehlobenl) * .- Dichlone ' DlehlorTO* *. . Hflropbcncl Partfomrir.ldchyde Pen teehlofeph end Polychlorinated _ biphenyls * \- Propyl alcohol PjTrthrtai . Quinoline ' * Resorcinol T-elcnlum oxide ^Sodium bisulfite* 'Sodium, selenite * Sodium bydfosuir-de concemed with* avoiding costs, Dieidrln i Sodtjira hypochlorite h are not essential to the jnainle- of transportation safety, and ob-ig cost data to determine whether More: Materials not Regulated la a.11 Transport- Modes, .... m' , _ Dlquat * , Disulfoton * Dluron . . Sodium phosphate, . dibasic '. Sodium phosphate, . iff?lion impdet statement will be red. * Should new or additional transpor-p j controls be necessary, whether the .ration of an environmental impact went will be required. .* Any other matters relevant Co the COMMON KiMt S *' Dodecylbrnr.eae- * **J8. . . .AdlpooitrDe . - * Ammonium Sue*' Aluminum sulfate*- * borate. Ammonium acetate . Ammonium hypo- rulfpnlc odd* Dodeey'benaenesul- . * Ionic add. calcium Ammonium bene . seats . * * * Ammonium blear- , bonate * - pboshlte. ** Dodtcylbenr-enesul- Ammonium lodlda Ammonium oxalste*- - Ionic arid. Isopro- psnolatnlne salt-. Ammonium penta*' monobssie * Sodium phosphate, trlbulc _ . Slyreca . 2,<.5-T (acid) . 2.4.5-T (esters) - . * Tvlehlorfon . J. ' TOE - .. Toxaphene* * - *. ideation and control in transporLa- . Ammonium bisulfite bsrt te . Dotleeylbenrrnesul-. Trlchlorophenol >f environmental and health effects Ammonium bromide Ammonium per-1- ~ * Ionic arid, sodium Dranlum perovid_ Jala, or to the need therefore, Inig the need for uniformity In Ute :sf( * **y of such safety regulations as , Ct developed under this docket to rlous modes of transportation. Ammonium cars*- s "sulfate . salt * ^ Dranyl acetate . ' mate ' J .'Ammonium carbon t19 *. * . . Ammonium ehlorldof Ammonium fluoride * a* ll'lco-b * Ammonium mats . ,m sulfa* - . .***-/: Dodeeylbenrenrsul-^ *' - * Ionic aeld._ trlrth- * anoltmlne salt ` * _Oranj) sulfate ' * Vanadium penloxide Viiiiadyl'suKale, - ' Ammonium citrate.' Ammonium aulftts . Dursban "> ' **. ** Xylcool ' .: ` dibasic* * Ammonium tartrate Endosulfaa -* Zectraa .. ~\ - . * * *, * *7 riDUAl tfCISIK.* VCR. 41, NO. 73--THUSSOAT, DfCCMf-It y, it76 PROPOSED RULES 53$2 r * Co>'_viok Namk--Cootlnutd to administer the program was rifle: _ -1 per automobile prr*)uet)oi of thc-.-c mat XJUe iceLl/I- Zlne poLisslu by the Secretary to the Administrator of sifaclurcrs Is Very small. There it: ine A;nnipnlure ihlofirio yiiie W*Jr y.loebfowlrtr gins'car&atmt* Zinc finotlu# Zuoc formal*. Zluc h>rtrujau jtne nt:r.\s flee phtnolxullo-' pt ZLlC php*phl<3# * . chroniM* Zinc lllccnuorld Zinc culfnte Zinc AUlfatr. tnoao- hydrate Zirconium ncelkle Zirconium nltr-Ki* Zirconium potas- , (Iubi, Ouorldo Zirconium crxy- _ eWorld . Zirconium sulfnt* . the Ni ITSA Ml Pit 25015: June 23. approximately 25 low volume mauufai 1976). Section 502<n)C.l) of the Act es turers which either produce pa.v,c:\fc< tablishes average furl economy stand automobiles J this country or prndm ards for passenger automobiles of 12 them abroad ami Import them Into U' jnpr. 19 mpg. and 20 mnz. lor model country. Together, these manufacture: years 1978. 1979. and 1930. respectively." produce approximately 23.C00 pwcn;:i and 27.5 mpg for model year 1985 nncl automobiles annually Jor sale in tu subsequent mode! years. Under a new country and elsewhere. This is about on. Part 523 that the NUTSA is considering quarter of one percent of nil new jm: proposing for addition to title <59 of the xengvr automobile-, cold in this count: Code of Federal Regulations, passenger annually. The fuel conjumpt ion ot th /jrt_s_s__uc S--V.6. Scrur-vcNr or Ia>o> automobiles would be station wagons Croup of passenger automobiles is slight Occupational. Swr and IIctuM AoictM? j^VAoms ` ~ .. . built on'a passenger car chassis, sedans, coupes, and sports cars and other motor )y more than one-cunrtcr o) one jic-reer of fr.e consumption oi the latter irvou; cjiiicn sccrscr <msu __ vehicles classified, as passenger cars un If the Administrator determines, b (39 CFR 1S10.XC93 tbroush 1910.1016. except . J910.J005} der the National Traffic and Motor Ve hicle Sarcty Act of 1S5C <15 U.S.C. 1321 ^etseq.) and Implementing regulations at yule, that the level el average fuel ceor ` omy specified in the standard for an at fcctcd model year is higher than th >itsuaas hOTcrecims >r sot cr* jtj.JOi *49 Cell 5713. The standards for passen maximum ftasible average fuel er.onnm Cktkucai. Xams * ' ger automobiles manufactured during achievable by a low volume manufacture ytcrlylvmlooCoureoe 4-Nltroblpbenyl AsJsodlpbcayl K'Nitrototfimctbyl. Zraddlae . acr.ln* ` qj'-WehlorobensI- btti-Prnploltctone dlo* (and IU :lta) bts-Cbloromcchyl the intervening model years, lOSl-192-i, are required by section 502(a) 13) to be promulgated by the Administrator. The penally for a manufacturer's violating the standard for any model year is a civil t-Ulmctbylamlno- 1 etber penalty equal to S5.00 for each tenth of a saobeaceae Mclbyl chloro- . mile per gallon by which the average fuel slpba-Napbtbyl* methyl elber , economy of the manufacturer's passen- for its passenger automobiles to be man vfacuircd In that model year, be ms grant an exemption. Section 502(c c vines Act provides that." in making tha determination, the Administrator sha'. consider: . * . (>) Techno!ogle*) fssv.Piniy; ** oils* * _ Ethylene! mine beU-Ntphtbylamloe ' * PlorostD Ctxcn Htuai , ' per automobiles for th2t model year N* failed to meet the standard, multiplied (2) Economic practicability? * - (3) Tne effect of o'-Ucr motor ve }iic!e standards 00 fuel economy; coo by the number of those passenger auto ' (4) Tbe need of the Nation to cctucrv {10 FR C7fl5S--October 9. J975) _ mobiles. * cnergy. . ". .* . Section 502(c) of"the Act provides for Mstsiials not sfeemro t sot * cm 133.101 exempting Jow volume manufacturers of ,Xf the Administrator grants an extmp csb__ert01, or cbrvsoMIe, smoilte, crocldoollllttee,. {ipa*.wengcr automobiles from the stand lion, he must also establish an aliern.-i trrmoitte snth..o..p..b..y..l.l.l.l.*.....B..X..t.t.o..o..ll.t.o J(Hards with which higher volume passenger JFrtlXC'C-3G337 Filed 12--76;8:<S Aral automobile manufacturers must comply. To oe eligible for an exemption, a manu tive standard, for the petitioner'at th level Of the petitioner's maximum fens ilslit average fuel economy for JLs passen ` facturer must, produce (worldwide) fewer ger automobiles to be- manufactured i; m tJiiiona? Highway Traffic Safety ' ' " than 10,050 passenger automobiles fa a the aiJ'ccled model year. Instead of cs ' Administration V _ ' model year for which an exemption is lablishing a separate standard for thi 49 CFR Part525 3 '* sought (an "aEected model year") 2nd toLal passeuger automobile production o: iDoeketNo.FE70-O<; Notice 1J* ** fewer than 10,030 passenger autoraobiies cwc.h exempted .inar.uiacturer. the Ad in the second model year preceding the ministrator could citi-.er sc-t a sutg); AVERAGE FUEL ECONOMY STANDARDS atfected model year. . . standard or several class standards fot Proposed Regulations Regarding Petitions Congress authorized these exemptions _ for Exemptions - _ ' in apparent recognition of the special the passenger auldmobilcs cmpled rr.anufaclurarc. * of all ex This notice proposes a new regulation ettingTorth the requirements applicable to the submission of petitions by low vol ume manufacturers of passenger auto mobiles for exemptions from average 'fuel economy standards. An exemption would be available only if the otherwise applicable average fuel economy stand ard were more stringent than the maxi mum feasible average fuel economy level which the petitioning low volume manu facturer could'attain. The notice also de scribes the procedures that the National Highway Trade Safety Administration tNHTSA) would follow in acting on the petitions. - *' " Background. Part A of title III of the Energy Policy and Conservation Act tPub. I*. 91-1631 amended the Motor Ve hicle Information and Cost Sa.vlr.es Act {referred to hereafter as "the Act") by adding a new title V. That title 115 U.S.C, 2001 et seq.) requires the Secretary of Transportation to implement a program for improving the average fuel economy circumstances of the low volume manu facturers and the extremely minor role that these manufacturers can play in in creasing tbe average fuel economy of all passenger automobiles manufactured an nually. Low volume manufacturers di/Ter from higher volume manufacturers in several important respects. The'former group of manufacturers typically pro duces a much narrower range of model types. Thus, they are less able to balance passenger automobiles with high fuel economy against passenger automobiles with low fuel economy. Further, their model types tend-to be concentrated in the luxury market Since the fuel econ omy "of luxury vehicles is now generally lower than that of less expensive vehicles, Scirromr ron siue Sumossios and _ Dis?ositjon or Farmoxs . . .* Tlie proposed regulation provides thm manufacturers desiring to petition fo! exemptions would be required, with cer tain exceptions, to submit their petitions to this agency not less than ?.<S months before the beginning of Use affected model J'car. Tbe exceptions relate to model years 1978 and 1979. Jn view of the relatively limited lime remaining before those model years, petitions for model year 1278 would be required to be sub milled not less tb.Jih 3 months before that model year and petitions for model year 1979. not less than 12 months before that model year. Comments are requested on the average fuel economy of the low vol whcLhc-r-the agency should have discre ume manufacturers is also generally low tion to accept late petitions and, if so. er than that of higher volume manufac under what circumstances. No deadline turers. Finally, the low volume manufac would oc established tor the granting or turer is relatively limited iu his ability to denying of petitions. However, this make technological improvements by lim nsc-ncy anticipates that decisions on ited financial resources, small engineer most petitions would be made not later of new automobiles "manufactured" In ing staCs, and longer model type redesign than 18 months before the affected model the United States: i.e., produced or as- cycles. . -. . ", I'cnr, , , ,.. . - >"'nbled In or imported into the customs Although* the number of low volume Tills proposed schedule reflects an fu- *- Tllory of the United Stales. Authority manufacturers is large, the total passeny Icrpcrlation of section 502(c) which . * 'MPlltAt **ClU8, VOL 41, NO. 31t--PCJ*JPar, OtCfMJU 9. ttra Page 3 * idetermine cost impact on consumers, businesses, markets and . federal, state, and local government; effect on productivity of wage earners, businesses, or government; effect on com- . petition, and effect on supplies of important products or . services. In statement to transition team OSHA said actions have been .taken to continue requirements of order by' establishing agency procedures to make IIS an integral part of standards * development without delaying rulemakinq process. It is important to continue this sort of analysis whether the Executive Order expires or is extended, the statement noted. -AFL-CIO has objected to" IIS requirement in standard making procedure, ("N & K" Sept. 1375). .... .. .... _ , - : , .... ' In addition to comment on inflationary impact statements, OSHA spoke to "slow rate " at which health standards have been issued commenting, "rulemaking procedures are necessarily lengthy in order to conform to the administrative procedures set forth in the Act and in order to develop an adequate record of rule- ' making on which to promulgate each standard." Paper said.OSHA is actively seeking suggestions for new approaches which will * more adequately address difficulties in sett5.ng new standards, especially where ` existing or new exposure limits are being- ' evaluated. Problems involved in compliance with standards ware also spoken to. If change in approach.to standards -.setting is to be made, it was advised, such "change should be made as . soon as possible to avoid unwarranted investments and to fore- . stall loss of-agency creditibility from both labor and industry over the slow rate of standards development and the unwieldly nature of the regulations." What changes in OSEA procedures and personnel may take place in new Administration remains to be seen. . ` K.J^ Report Recommends Ban of Carcinogenic Chemicals -- New Jersey State Senate Commitee report issued Dec- 30 ` recommends legislative ban of 16. specified carcinogenic -chemicals in program to reduce state cancer incidence, highest in nation. Asbestos in included on list. This . * " is first known instance that a state has been requested by . 'legislative committee to ban rather than regulate- sus- ' . ' -pected carcinogens.--In asserting that healthy environ ment was more-'important than jobs, committee .chairman, .` State Sen. John M.- Skein, also said if it proved necessary * - to shut down industries by law to keep carcinogens out of *air and water, it should be done. John Horn, Acting -Commissioner of Labor and Industry for N.J., responded ' ~ to "report by "saying-" outright ban on manufacture of - . carcinogens would have disasterous economic .impact. -Asbestos and Talc'------Health Research Group (HRG) , a public ."interest organization, charged in letters dated Dec. 13 to OSHA, ^NIOSH and- Consumer Product Safety Commission that R. T. Vanderbilt ^Cbi- succeeded''in: persuading OSHA to change its definition of ^asbestos fibers so that it would not cover talc mined by ' page 4 t - Vanderbilt in St. Lawrence County, N. H. Accordingto HRG, this action was taken in Nov- 1974 over objections of NICSH. OSHA's Field Memorandum 74-92 issued Nov. 21r 1974 prescribed, in regard to tremolite and talc, that only ' particle samples having a 5 or more to 1 length to width ratio --would be considered asbestiform or fibrous. Tremolite is in cluded with five other minerals (chrysotile, amosite, crocidolite, anthochyllite and actinolite) in OSHA definition of asbestos. . Standard specifies that -asbestos fiber is a particulate form ' of asbestos with a length-to-diamster ratio of at least 3 to 1. . HRG contended that Assistant. Secretary of Labor (OSHA) Morton Corn's predecessor/ John ' Stender, allowed Vanderbilt to avoid having to comply with asbestos standard by certifying '`without providing scientific evidence", that talc is free of asbestos, and urged.OSHA to retract field memorandum and "investigate the personnel and procedures which allowed such an illegal series of events to occur and persist for so long." . ._ ' .. In Dec. 16 news conference. Corn said results of National' Bureau of Standards (NBS) study are awaited to settle dispute over whether Vanderbilt's talc is subject to OSHA's asbestos standard. NBS was requested in Nov. to analyze 80 different samples of .talc from various locations "so that we can tell not ' just Vanderbilt but all the producers which (talc) are fibrous and;:which aren't," Corn said.. Results of NBS study are due Mar;'' 1. ` '` . . ''. . / DOT Considering Transportation Controls for Asbestos-- Advance notice of proposed rulemaking- in Federal Register, Vol. 41, Dec-. 9, advises Department of Transportation (DOT) is considering whether new or additional transportation controls are necessary for certain materials whose potential release during or incident to transportation may result ' in' an unreasonable risk to property, environment, or to human health and safety as has been determined through . exposure in workplace or environmental accumulation. Trans port of asbestos fiber . is item under consideration by DOT. Comments may be submitted to Docket Section, Office of Hazardous Materials Operations, Department of Transportation, Washington, D. C. . 20590 (five copies) by Mar. 14 to aid . in assessment of need for developing and issuing a packaging standard for asbestos. Federal Register notice available . on request. ... ....* Constitutionality of OSHA -- U.S. Supreme Court heard arguments on constitutionality of OSH Act enforcement procedures on Nov. 29. Court limited its review to issue whether OSHA enforcement procedure deny employer right to jury trial as guaranteed by Seventh Amendment in civil cases. McNeill Stokes, general counsel for . American Subcontractors Association, argued Seventh Amendment guarantees right of jury trial whenever a proposed government ' penalty exceeds $20. Solicitor General, Robert H. Bork. argued ij'jf iu U.JU.I u*. CAREY--CANADIAN ASBESTOS P. 0. BOX 15070 CINCINNATI, OHIO 45215 TO: ALL U.S. DIRECT CUSTOMERS SUBJECT: MATERIAL SAFETY DATA SHEET 5 April 1972 Bulletin No. 381 Please note enclosed Material Safety Data Sheet covering our Canadian Chrysotile Asbestos fibre. Please forward this data sheet to those in your organization vho are responsible for the safety and health of the employees. need additional copies, please let us know. Enclosure PJ]A7~E!iA!L BAPuTY BA'i'A SKOEiV {Approved -5. Department ot Labor "fc'asontiolly Similar". irm LSU-OQS-4) u4*ufACumcrv3 name Section! CAREY-CANADIAN MINES, LTD. STRtcr address p< Q> gQX 190 2cut. siaTc. anu ip ccuu EAST' BROUGHTO"N STATION, emlkcincy telephone no. _ 426-3050 QUEBEC, CANADA CHEMICAL IIAMC AND SYNONYMS Hydrous Magnesium Silicate CHEMICAL FAMILY Fibrous Mineral Silicate (Chrysotile) TRADE NAME None FORMULA 3M>ro 2Si02, 2H20 . t PIGMENTS " "Not"applicable _ PAINTS. PRESERVATIVES, & SOLVENTS % TLV (Units) SOLVENTS Not applicable -- TLV < CATALYST . rNot applicable `' additives . Not applicable VEHICLE Not applicable ~~ OTHERS Not applicable ' ------------HAZARDOUS MIXTURES-OF OTHER LIQUIDS. SOLIDS. OR GASES V. 1 TLV (Un.: . CKry,sotile"Asbestos "Fibre Approx. 100 iFor/TLV"see attached cony Federal Register 12/7/71y Vol. 36, No. 234 - i lour "time weighted average~~$~Tibres/ML greater'than 5 "microns in length. Concentrations above 5 fibres/ML notrto `exceed 10~fibres/ML permi^to^For 15 minutes in h9ur_^or _up_to 5 houtps per 8 hour^clay. | j^~ "(isaif.s rorirr rrr~" VAPOR PRESSURE pi* H0.J SOLOoirmrjii y;ate*t -- AtVtAHANCfc AND ODUM Not Applicable - &fE01FIC GRAVlX^MMjO-ilJ____ PERCENT VOLATILE--oy volume ru EVAPORATICM_OAI_ (....................-t) "Not* Applicable -- - -M * .__ _ --........-...-..............,.J< ! * 1 I * tv. ..L1 ifltV**--...--^I{Vti:V.* , ..-. . ~vv -I- \.r~!I J::_.:------.-.-. --------. .y-. t. - H.:7u,!.i '1iMM1 i1liii:--../.VlL-ii -j<(i .-----------------------.. . . -- j I<LI-WW..U<MIUUKt,LI HM>-Ul>K-Jp.-.......--.......--........,..,........1..., --1 tti-_-_-_-_-_------.III - I. I *i .i.-uuiii.t; l*Fd:a ~ ------------ Non-f3 amniable m*lcialT7vtVi*tnijo*TTnoccDoncsr* -------------- l*JtrUAt lMl At||* I ruj;.U>M MA/AIUI.'* (" *-- \***.*'<7T~ r *...'......, *'*u,` i't{iQ Section II and attached 0SI1A regulation effective 12/7/71. o<;imwtpro2oru,C(3 continuous exposure to asbestos duct may______________ , causa impairment to the respiratory system. UdC.l'.D' AH0 1II1ST aid inOLtUL'lUS _. Not applicable '! ! '/ ability UNSTABLE STABLE COMPATABIUTY (Alntctiali to Ofold J LTAHDOUS DLCCMPOSITlO:; PRODUCTS * * V* * . < V * '* <- *"*.*. ` ** ` . , .*.. - ` . ^*r* ..'../is* l*r*fi.*' V*a\O > u . ^Ik* l*A".A<A **. iurict.1.t '* 1.1.'. lit' .* Iw*.' *'- r.*7 1. '1,'^.a*a..jkW* ' t' . * 1 *', i **.*** ,f * a , * i i | CONDITIONS TO AVOIO `1 x (Avoid breathing excessive dust. None None 1 lzardous ILYMEP.IZATION MAY OCCUR WILL NOT OCCUR CONDITIONS TO AVOID X Avoid breathing excessive dust ` *. * ` ''"* ? * , ' * ****f*;>"***'-**^* ,V'V'- ' `t-*,. 'u j. ErTtotE TAKEN IN DAii MAU.uaj. IS RELEASED OR SPILLED ... _____________________________________- vTacuum clean stillage. 2* ~ * ` -___ . _ Repair broken sags. If sweeping is necessary, wet dovm spillage. Use approved resoiratorv eauirment when required. lsie Disposal method Place -waste in closed containers. -dosed- -containers. Dispose of waste in i *,* * .:: I " - ' S-.-jd.v.v: u!j'i- / j/inVitV-j/ _ - 051.0 `oirr,.-iinc^s Aroroved Respirator - See OSHA Part 1910 - 12/7/71. NTILATION . DTIC1IVI GIOVES LOCAL EXHAUST SPECIAL VOUtrC-LMECHANICAL M.Vi.rr.n WltU dust coilecv.icn equipment KitwoCnvanai!t.*rc.>miiERT_L_,V. . EYE PROTECTION _U_R__P_nC__liC_T_I_vi_E_U_U_i_rM_lM__T use. resmratorv eauiomcnt per OonA rP>_a___r_t n19m10n - -1I O2M/7i/'T/l\. <al tLAu;u:*: ) 1* t.i I An, *% *ti !< AM* *! i'mNii Maintain rood housekeeping practices, ' Vacuum clean waste and place in cloned containers. UH I *| V AUijo.V* r** r.uirs Ai*:c r.icuL/vnous 'I y.c Msuonfcd. Ui.lio G-'J tfcUrtii: ' Vxjxjx o-t--Hii:n>jL_c;.s JhNf* - .`xt**: //iPH-t Ctt--vl. *w^nVls:wi?i:j' e** <ai %f i) i)\4U; lr TiK-.-'H" 1b'on IflCilxT.*r3i . ra * C<0r| J Li li. 'd to i.i..vt the rsr-',inie Jinitt.i jrc- reritx-.fl In > i..i ;:.ii \9h:.r: f coh r.:ir.ii'ynir)~ lit.-. r.i.r n't f:.vJi.!o, cr 1.0 jiv, t/..x': wlit lo.-as i.-ri COIICC. :".-.i.'xns lr.'xO-: t'xc.C 'll ifiVftJ 1*1 iwn.'.r.is.'i <n) of t'lti: ; 4.xi'-j.sra* tor.* :ct.ivc rtsvif.s rfi'.il loi j*rcvttl; U tint l.-.d in :..v.-j.-d..::re v.-.th ;v.rew.:u (c.) of ti.i.-seri ion. (.<! in wncr. the limits of ex posure tit c isc.-xlo.'. dint j>. c.-crib?-! in i-h of this mw sire es* ccitiird wwt nJi'-n 4r.i: comm); rcfiuiiusl i>y nnritr.jx;.-!! Mt ihisf'.-cttcti jvre not ier.siii'.e ox- on :.i>l cthetwe re duce ttii cr.:irus;i"M'ii of ; .h.-hc.-. dust bits?/ I.'ir.'-o w:crj:i:d Sn ;.:-r3 r.a-h, in) comply vltli the r":uli<:pci>is of Uuve jsr..>l:iiMr.'i-p!i5 ivli.Uu': In tin: x-:'i rr..iCiis J'lVf/tieti.*j .;e i.nxiivnv.eits of th.i ,ine.ph r re In r.ki tv tin.v p-.c.-.rnixrd In i;.tr*..Ti.vh <l>) ofth'siect'oii. if) Ail l:\IMl- CT |*.xi.Vr*<i;-.,l:U,d tools villi.-:. ;.riC::e.r xr.e xtu-i su-;li x j. but rot i'.i i!t.-.i to. ccoTCrc, iihric v.J:- ted dri'ir, :-m '! he pinnt v ;>.-i li.-cl f.l.sti: l ver.-kaiii'ix t.i`.:l u-.:.-.'- col lectors in twaix'ioirc va! Die /.:v.cr:r cn Wftii..'i:*l S.V*!if.c.rd J-Vr.ti .:.ie;.:.-.'.s U.v.- ernmr. the lYaim r.mi ();: ri.'ir.n ot )>u;al l.'MhAUst iiy.'.lt lif:; y.,3 '/o r.-- IDT J. (2) )*r-5j;!nyecs ck-.o'ciI to Uxc rnv.v/sr.s el or ttxi i::::inV.r.i--n cl nir:s, rtr-'Cttires. or i-T-tli-uiexu cvrorrit or in- AiHr.Uxn<.iU. ..C.VU:. 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' x.*: re.-vimory jaroro.'.iivc rls- lirc_`:i* visi-s lor Sit Ltifniv ;./.r i:ee. - rv!*.tf.U v.it): r:i.-r;tvr. f-hr.JJ I*j pm sided v.t:li iiijnr^.'i-ry inotw.sve devk-vs in arecrxt.ii'.e wiin" jxei-x.vx-uph c) M) cf tl'.is icri'.oa. Cc) /.iJiitos ccmi-nt moit-xr, ox-ctines. freut. i-ii j:lr.i*:r eitse-il be ixv.-.iexi in ch.-vd hvr.i xr txUier cont.-.inrrr. cl) /-.beV.os v.t.:lc xi.-xtl rcriu shall to cclticU'tf cnct ttt'.po.'.eJ cf In reJcd br.es crc.ti.ci co:iti.ii;erc. . All c.>anv.!> cf Mhesfos chvl rnd 'o:xxv:ir:.>: rliuH t.e r.tric-;:;v:-d t.^ vccui.m ficanc/s. l-:o dry rv.v-cpi;:; elieil lx; j-x.r- io.-.xird. if) >'orr.n Mnu^phix.*.-ontsiniiiRnot 3. fieciion 1010.32 Is oniendcd by Kerr: Conra 1w-rs-- more St> Jiners ;v:r :r.t.i:;:`.:;r rtr.ettr chinningpr.rr.srr.'/n Cn> in rrr.ri t*'un;xiy Sirp-n-ViS-i'.-l.-An I--l-v.ni-:; j x-r t.e. tixen S ns.', xs.rs ir. iwiiei't over ui R-h.vur the cin-1x'.-.'.'icy iumie: ru jvcxi:.-.'ii in : iic nvcriice. or ii>sc th.m so ntsers i.=:r r.*w 5 )f.iD/.:..\. \vj,|r:) bix'hrx xj; \>:`s Ul.-rV.I cl r-*r I'lMs it lit. h(L*ci en Jr-r'.-rrr : x-s t?-* l y '1 's.'iKm. < ir.i >-S .lit x-.k 1'imu'a J |-i ii...-..:!; .| i..i' ;1 un;-:!i. II- rv.l: j;. - -t--.:-.-.-* r:a :.::i o::-.vi-:v.{S:li.vr?i<<r. t i'.: tj.t c t cr v- * r.ies!-us flt'.r sitthoi U i'*. 'I-.*i. I-* I-I'.Tf |;i'* ftf li'r r' T'> t4t,.i...:i t.i-fji * liter over any ;.i*.of <-ft).' Jiiiiittwi?. p. rrsimbU cr ;.u:r,:e-cr.- r.h.er t>::e rernir?.- tor. :r.r v.illx x.:-;3liV!' Vr-.-'.-MO dur<nr. U:*.Js::nil.it.,op. i o` i-r-. -tr.urf. ixp'.-'.-cvcei tv tr.e l)X). lrire?.u i-i 7.;snts renlrr t:;e j^sviiicexs of i.O Cii Jt Peart If (liurcj.u of >;j:ics ys.hi.iiu'.s thin. or a dceiimwxt. u> conrUxix'-tion vrr.: v.lxir.h. is txiejfct to ti'.D Act. V he .Viit-mii.u.ii. is s:recmxsry In Jn.e.i u t'.e- r.r.e x.i rt-.ix.atw-y ccmtrr.ctic.n t;t forth in : lattfxic). At. *mi?nxd!:d. r lSltUb rx-r.de ;.s Jtx'nc-.vj: J 3910.12 Cx./.it.-ixclh..-. \rexlx. i > m^ucxu.- miJi ir.i i4>iii.i?.|I:ix vrJvrii'-'.-; rsspir.'-tor ;'rr>.:rjx.:'. trniviUeni fa) Cl) A:?:n'ic:i c::c' cr:c::iisn of a- protect ion. ,-eii.it U:- x j-rit. laZ'.ishcti mi/Vf ii-.ff kcc'.tX .`.'f.-.ic'cnis t3J l*r.r s-r. a'.ir.^pnexv c.cxi'-'.ti'Jj.s ret A-t rf>:.-.::rcrf;..:x. 'if.e- ..p-.-.di-.ik-:.'. ii- r. r:t-ni rxse.rf ulcclx more th.-sx f.'O r.i-vr.-. p-r msl'-.iw: rn 'Mry *r5v-ed by f'ert lf33 of 1-xis ti:> r.ij|S' in ihxu 5 iti!v;-et:s in ie::-h ovr fix ii-iianr enesi en An.-i! i:u, ll'Vl. are sdmtert r.s 'n 1. rwiix.,0. o;* i.ivi xx Uixxu vS fi'.i.ro r*-r a.- h ty or l.ci.lt;. As n jnilixli.'.r over my tmsa oi )5 jvur.u'.tj. mr.iier j.:ci:;:i mi) of tic Act 'nit sV-ii'. l. V.* _ r 'a *1 a pc^fTci fit'e-r jw'.sivc p;.,sriv.e rcs- r. zcr.:ciT.T, to :Uc- )-.v;vii:h.r.s pin.to: xiii>r.v.\a l>y ino Vff. itut-.-cu of thereof, tv e-vc-rf c:.v..k.y;.'.rnt r..ni iih.i:i'. * Inir-cr. v.t.oer t:i". i>:v>-.i-.:;-xr. of fO (.') i'- {' ernxioyinisix. cf rv*:~r r-nj'i'.y.o tn- i v.rA*f t!.t< rv*. rf*r f.* !\* ti.? ti tit A*.*i 11 i f **..< v.% ;vri:M: I cajJ it-4# vt.:. *. v*;**i*1 tiu 1.1 ti r.)*Vr',,*t.**; , 1}.*>is Fux-t 1: Wieve-u oi ihixics iliiuuuic x clsnxi i.c xxreU. x<* rr j_n r-tircrparro onnix.tnin^ ii'Xiio tl-.f-M f.'-i f-t.vn: j-:.r r f!.ced isx r.w:s-A>n:.*c.>o,.i x:o. r.:r!> e:npir.ytir jJi.m: pr.T.u-.t .'.e jnninv,r ml r'.'.ees of c.v.n:.vnr.':i'. o! i;e`r. r-i .'-.is cnr.:.2cs :n tftis*.'.reel: ?. A rr-r * !* ' :>:) to )*rtt i.ivixve-r tliuii Z jsxicr. iii in i.'.nvi ovci \V i-jixii'lyn.e vUi; Ih.e ^::....;I,:rl...'. JttC. ` Ti. ; jit-rr J liiC.'.Ce rends as s-.n 6-iioixr :i verc-c a lvie C ra.jtiii* ;vcs- r.ranasrfti p:f.vrRe<t )" l-t~ Tsx;.ii. ioMotrs: ' r.tuc f.v>;i..c.i-;x -uo.;.;is\i\i-d bv (:!) The stant'r.ul; )>rcTr:l.-:i in E A-i-r;tiin ileil. the VJi. el tl.iu-.. x.-ixc-.-r ih>- ;>.x>- I IxixS.fivfci oi Uds tiik* shx.'l i-i.-r-?*- in viiiMis of in c;*:? x'n-t )5 xli.in ia of the c-.'.r <if the f-rpo.n:Ti! o! r.uy r.:'.- <i.f>i!e r.-hc'.xr ti:ne*v. i..nli-d rvt-r- htiner Adji'in .* iii.ii .*,:xrU ).x: tuns. nre f.*:>orr.r tv.-.critu of rs-ii.ilc'i fi M'iti: :ii;.:oy.r j:a.!i x;r:.V...'h u Cist I.' v.ith-h uj c:.v.t -.J rr.-'s'ir.'t-.ir t-.t-T.v.:n i;x jvv.t*.'.rv:.'. -.'hJi Ot-'.Vi i-.-f... ..x I. ,,:.r:s ; :t the rcsii.'isri-xiif oi i':'i.':'t "o : pi'iycv iix constrxj.ilan v.orb to r..'.!;rrtos dust, o;<ic C'i-.'U- t:.:n b t/.tnvittt t:t v. i'-.- trxt.'h'. :i / the UiC,:*:ll: /:U'.3 J*.ix*T xi.rsxixh.txf i*xM-.xn-x: for iix.M#iiv.U.'r.x ixx*- liTt:o:i ltv.i. r.o.v.'i-.v .fair. Tn.-::-; air.fnoiiitnL: shill! b:ro:.tc- e.YccL'Vx* )'xV:.C.:i',t::*e i.-^u :-.i i.i -ii'i*--iti-.Miiiic yJvj t-: (C) Ulsfi ;>xOvt.h::i xei'j mi- . l-nbcc'-ti'.i-i In Uii 1 Uis-.vii.it iv.i:i*r.:r: .v cwitr.v.t l:'c;.xe f5x:h 1 c i.civeu-.i, nz-l-ii). iJivtjt.:;- Ct:-i.v.*.iiv*!vi I f. ii V clrur.cxt.rx i>:.n.xl i.n.i:.tor.*<!. (ii-;. <). ri frit. ?? w M n. r*.:- II Uv.'.v;. .* i.ii;;::.:-.- h::t. x;?.; t.1 tvv-. ) iitxzz 1 . r H.l..;:.. r. Mr.;.* 1% , r. a.!*:;] O t i - t **/ lit x :::.sj 3ix i -.x iicut sor l:p. tr. U )icn.". j \ r-i i.:.y. ty_ )';;.`-l :.-~r;:T .o. iv.di rs l-rt >icl 1 1 It/, t To,, .iu, ; ..i*'..'.' ji iv. .**.*;* (ft) (1) Y.')'-vi !.< .v.}.-.y** 1.r- tsi- K-:s;y,x; o.c.-r ;.'u. ir-vi, rs r.t>. i:r-j j ployo-t v<:o x-.-y-xa-U i. !: ;-.r I'.i'ri r*sr.`.r:l cl Y.'r>'./.-.v:>n, D.C.. th's 2(1 ci.v*.--x.'s.:. (i.r )tx>:`w*. |i:r.*ei;t "s: l-i 'mra- di-.y of l:-. o-i.-ber xVil. ' i:r-xiix (i. x.i . .ciii.x i,.i i.x ce- 1^. i..<: uii hx c.o Wx.-- iv.xi .ei m f.7 r-rxv.r -u-'.r.v. h-.\ fi.t'.Ot::..-.---ev.. . /.ejti.'arxf a. c; < . ; x.i .. *V* l--. l~ .... . 1X* Ull'i |*X.........|.X. i./( ...; vx.#x .*1 f .<..1 1*4* J * .*4#-) !.* **lj ' i* %--^ --------------------- rrtur.M ticitxcn. vot. 34, i;o. rrct:.v.;r. 7, 12/1 f RULES AND r.rcULATlOriS . 23207' To hr t- vrlicl r.*.-*.y. lln ur-remt ealutr-n recovery stu.nu; t ::rtni. <C) v. d-.ncted U | xiAii t-r i:.:a d;*.ri'.r. vaine a 0J pcrrrnt::? brt: si.*? rr:v-`.K:t m d".vsU::J in pare-vr: b <10IX) of tb-.t renulMtr to provisllit: fe-r Us certl'i*.ntii*<n lir.vi: L-.rn cotoplt .l vdlh rn:i not t!i:li-y'.r.r la r: vrovl'hn.t r la II s ! Itv.M-.-u. rout- .Vid public vn.-t i.n) drh yi d .f/ttvr C. Sc r.:c no* ] rcrftul- sltcs li> tills pru:::v.)cnUoii. ' Slr.ned r.l Wosliisifitan. D.C tills Zu day oi LVoemhor Ui71. O. C. Clrawii'it, y.jititant .Sror.'fv ot t^b.sr. |rnDte.7j-)7e3Svinii tr-o 7i:i :7*mj <71 cmtaVtettJ. rrc-*'-..:l ns directed la l Hcl tbii <Jv.::..'cr. 133.7.11 Kinoeytlinc hydrochloride c*;vrtc*. tTtcttvc Case. Tins order r.linll ! v!~ lettivc ujioti ):*.:h'.:c.ition la U:e 1'spsistJ. itrc: .r>:t ilb- 7-71). (,Vf, Vfl, MI iitfct. <C3. M I 8i`7) . aj PA.C. Chapter ^Orni.-pcIiMuiI Safely and Kraiiit A'.'.nir.isiiriiioit, Lie- ptutm-;nl v! Lobor part HMO--cccnr/.Tiobv-i. *;aplty <a) j:wiir:.:nU /er rirlsV.'ce'Iscn-- Sated: November 21. 1071. AND Uli/.LTlt SVA'.x'DAtlCS Cl) Slz.7.''art!x of iutm-^7. i<fr~tc:h. CJ-eJif;.-. find )i?T!>'. )liit'i-y.-'.'r.'j chlntKa c-.p.-.hl * vj; r.r 1 or jc>o- H. E. JUmmokb. Director, Jttsrcat of Jontps. Emergency Sinrido.ii for bvposure to Asbestos Dost eycli.st JiTO.-o-.h.i.'tlii: c;t. or more nultr.W.' t tth fcru.-.tiers ic'friet.TW.c nr.rt fill*,. i |VR 1*01.71-17773 nit d l?.-07t:5:iS am J jiu.juhibi tm--niTt mk , mmmfmm it% Pttrsne.Dt to seclinn fife) Miiss-Cl-->:tr Catf.hTibvnsl of the Wil:a;a UfilU >:' ' l.i.li--i-1 I.V.oUil livCahl cft|rj<'lf vi- i.ir.i; vc :ro ly.J.'r-t clt'orldn mviivr.'tat ti K1 J i-'ii.noil rolnor.ye.'.inc. 3.*.i p.Srety h r .'.Vb-rtory? If it )e r.t ;: ti Dvr;* V) y :**'.n r.Tyt no;S jno:o O.:.o 1:! *y.wvni >/ }*enii>er of mUllrrrois c" ru '.'-it li is ivp- jtomtni ic e-.u.b--t. )is rcC. '.ire content Is not in:*.*-*, thru 1" ;:r.e.*:vs. The ri'.a:-- cyclLno )vJ.rr..-::l3rl:!r; n .rt center.-. to the sUuidsrut preseritt.'l by I U). tc' iZ) Is.teV.v.n. I!- iisallIr.V-ried in ac cordance v.iOi hs Kctilrc!et:t& u. 1 lsii.3 Tffis 2S-UiS65 >/ ! Chapter XI!*--?i;rroii cf Labor Stciio'vrds, Dcj>c.r/mont o/ Lobar paht isle--SArnvr and kluts: REGULA7iCX3 l'DI: CCNSTCUCHOJ-S Standard for Exposure to Asbestos Dovt . rur.v.'ypt to cccbc.n <0jj<3) of t^c V/i)!icitur * Crcrpi-'-oncl Dr.jcl? l-yinltii Ac: of NiiO t:: r.tr.u k>:.-. ?.? ur,.c. cr.si. vcvt itr.o o: . code ef J-Vdcr.d lie-jndi.iiftts-. o.c jehifi, May 5s, )f7i) is hereby r.i.ner.drc in Die xr.tjmcr brcicr.teu t.-'o'.r in erd-tr 'o pro vide an tiTieirentry iir-nti'.rd tirtOinc vnii the cupucuic of emp.'cye.- U> r.ib^stas dust. la Ur.ht ot Ittcrcsilra: JrformaV.cn on l):a ra:iuts Cf espva.c- of ur.pJiyrca to Urbarno rrl'-sato*. :c*;:t:5!nt; rcrvnt sltulics by the Ib.-irnti lv.-.:lu:u U.r Cc- CT.p: liar,si C.-iely s.ud II. si.h i.ud i.ibois, r.ncl rert-rttiv.'s.-iulhit-s t.v *.* /rr'-i-.vt cl tli's chr y.-.r. Ct> )l;~r.:r fee crr:i:\:ei!oTt; sam pler. la to carviy.ii" "rtth the reonhi'virj-.v. o: 1 )'.-- c! *;.\s rhr.pier, each rt::.h K.j.'.et u V.rtn: (1) a." i t i r.o : re.yr- cat <c> Van )M!nc:re:L-s ayr.tTcteln-.ide .teed lr. vs.-. UAtis jar t-iSta-.v. riiftiy. i.;o's;t;:c vc, : moeycl'ac cra- . test. l.*.vnM;y. i-.ro r.ryr*,oiii::J`.)*. Co) U'ns ticca icr patency cad tool share. (11) fJsmjiiiv. ' end llrsUti! Aft cf !") t;;` List lsw, `Cots/crene* o*` Indnstrirt SO U.S.C. iZi, ` t.M'i.t-i- Of lltic -- . Cos's ilyei-.vii.-.tr. (AC-ji.-i), It is hereby neier- of TVderrt ?-:vs,*Vvta. Is btsery ralncd t2i..t i)) t:rvsri:rt ;a;cii:r the j.ios- rttnentied in the ?:: r.urr inuiee.'.d t<-- cat iU'jsicud icr > `Vrsvvs <i;*st Jr able lev* In orerr ui pr-'.ViJCs u i.svr iit.ir.rf- T. a.; o: :t hbr-.i *.::. ashiiiits-t r.rd lUniU.'iy U;s ery-: sow cf vrt.t brs-.*. to rrcatrr ihr.n l- i.-:c:ot.s i-i ien.'ih or 2 j.r.bs.':to? T;.c nn cttnd.sr.i limit- rsiUIcn i'.rl'-s y.-ee ivh-e. A r>: oi sir. lm the exp".u:c of i- -.'>*oy;.'i to .T.-lilsl; isrrl*.I fr.v.s :-.u <ivd- lo% du.it is thv, Tr.ez-'.ii ucdtv cusiicn errJ st^tdraa tirunu:-.*:.-^; nm-sr tlie Ctc> of Ihu V7-v:..;.-;-C.lrf;-cp Crf.tvo- ';7r.V-.b-i>x-rivy I'n'.iia t Act on t`onf.1 r-r.fety ~.n:i ili'-'ilJ /.ft*, of 1! VO l.isy :-j. if31. cc<i:-.;m<t:i- . r'n-.'-'e t'->n::er t ns> pubiishcd Its IVs'.-.r *s )-r;cr;~- to fi:'.p'.o:*v.-3 c:-.'vereo to lb!.-. 3-hour < Hits data. T: c mvetdred is Jtrtchy dr- ttme-wii-tacd aveta-.s c-rne-iulrr-Sisi*.: Cal 'Joss ii lrc.'y.drvi Jiyilrccb'orUia t.^umic.l to be tccie cj'ccliic t.'.su that r.r.v *'.*. f::.* ra err-e:*:rs:sr s_-.r..J.. :.i <s ittod In the iUi j.r.ctrr.'-.r-s. ml7 p:v'v::*-d ttstisr 1 ts ::rrv.-.:aa>* :* v-t-'-rat ta.sut:-:-*rtrc-ix. thl.-. c;^h waivjhij f.;>;vosiasatelr ti.-i wit-sat f. '-t it ;rc.'.sri:.'.s rointrsans crer.--.-lve armature. LVa .*:.*.ar.a_l ).t.-.u- taliV;r:^v.s. levcC.* of cspn.snu to yjt-.-.aua civ-'. tuici do: Otiv's-.-iu-v-.' W**ir -'"i j'tnhh G>) 'i)te belch: A minimum ot SC w.p.ruim. . Therefore. Ivy r>:.-v..ii-n of 'ict'rii *0>) (f!) of U:s Acs `.hr assy ;tasdte-d btwcil Cisr.rsn:- that ii'.e ;.r.;*7.ted cbtore in tl:c f*v*7 *-'r"v.".r.i ".T-rr-r--:nr.:J. by <b> Tcrfr t.-.'-f w.-r'iC.-ls c.r s;.*.r.y--(1) .T'ofut'cy. j :: in 1 i-D.m of- lii:i rvcr'"."*;": i*o j-mr-'s lor r/.MtV I'M n under icevou Kcj :i;-;r..:d'.y ihs eto.jnrvtyrn s:-ttr*-y st-.-nrsd ri'!s.ti:i3 to i-\lN.st:7t ts s.'A-.t:.'. o::... Ccrbuu 1.M1.13 is : -by n:.uiiiru bv liie Aatuie: a Cen:i.s:s.*asi nv...:i- lrl Ir.dit.h-i.i! i;)aatb. .anuii.', h:. ib.e rvbMsmir! hrta icr tl:e ersearmev ESr.'l'i-.rd. ' tlvr. nvr.hrr t f c: :!.; m i.sio r. d 1-1--- U-:tti.T ).: M.a i.-sunt i.i,V liyOrc-rh's/ic t.rio to :v: r. Morh r.M:lc.-a ot r.r.v.-;*l::>l r:_v : `..;.i cc-.s'.-.-.Jr.'r.," not I'.ti tb-:ti ): < tr..'r_vn.*.r'.o r-t n.-lnn- c>v)'.oo jr i.-.i.::::: r ii.'-nd tor S to i> iy. rstnve in ri'cunv md Imihrr i.::.: .> vu`\ o.i.-r )i!ior::!. -ic ;; <), i.ui'.bs-: r. ne\T p-..--. . . (c> lis-reto. As nrsr.'.ccd {if.ll.lb i . .v ftCiovs: (bn-;, u.-.nt, fmufti, dvfta, amt rum.. _ .. * <c) lV.rrrrr.phs <r.) nnd (b c?iM<r*cft-n do pcs *.v.r-:y <.. * cv;-rs**- cf cm. 1 In rljlttiii;- r..- *x zlcr. tnt.V. \71:ut- Aeiltn ccnce.r-hsT il.e r.t.'-'::*.si rl v.'i:j ba comuicj.u::: va.it* ..:t.uon v<i> ;.*se. it'-.nu .ili.L-s iV.ane. Any us:!r;- <! tiraro.scd :*ui't:-:-*.ir.s v:it`.er >toi.'e.*1- Cib> v.i'.l plvo notice of iht: : inr:,.i:icy rx: tih-.ru ra r Viop;.-:'.l ; t:Ia n.: :*-. t. y r;ir in?: `rioi ubnth.av pro:..-- ..<. v.*:Ui:u.y l-a iv.ifiriai:::.ii.rfi.,'>r.urr.:.rt:i!.; <i> ni.d (/) o' 'im )> -^r.s.M-: to t ic -x- Uh n.'tu'i.u, r.'ur.n::..S:.n (t.j.-j isilctcnisvc <-f tslcocycilns j:cr ijlililiter tt'r :>t.y cmr-'f i-.' teefirocry* to i.'ibrrno .vli.vi-.-.-; das*, i-:.v rt.rjitv.mi.ts o: jt;.r:.vc f <-.r.rl*..v>* i iv t*i::ir. si,,v.i cnees. I'at l )!'K* it i.*m-:;*.!.-fi'ia fr'lnr..:: 1 i?i i.f3a of custidciJisUcvviy. 1. Tab*.:- C-3 feibv. hr ! iMC-.t-T. i?5 O) .'fchtsrr. r*rr.r-rj m I K1 Ji.tf or I'rtj c.;.sjiv,r. In J5.itn M'"nV.' S try t'-.c ;-'-:*v.*.ct;un.r Conr.'mJ.ii: t.-j /,.:,.vc; r-..illi-.v.i . I'O'.sa. cvclur.'t i. .`^:ucc the pie- 1)feetire t'-rti. ntnjm'sr.sjtl r.hiiH boccsAR rf.Vc~xc i:;:;-:i imbl'.esUscj iu t).s 17 ive-'l-'n). ft\a. <'t.i is;-7. sj t'se. fSS; ..v*v.r>- Orr.trl.w. t v) .it. WM) 1Mb. .'SNA. -A::*:. 13. lf':)> !; l.r.-ctiy rr.aude.l by tra.ai-e i::zst':ovins: As*--ict-->12 i.STjiKviuii::i:if-I.rx-v** r 'mi t uivnsvi i.i l-.y.e___ ____ :t;i, `Aronvl:o ii)i * a h!'J*,7 ' V m __tJI % .*.*/ ...lilU.'.M' , r * * , v Z-Arr/un " CAREY-CANADA, INC. GENERAL LIABILITY CARRIERS. Ihe primary insurers involved, with policy numbers and terms of coverage, are: INSURER POLICY NO.. TERM ' Aetna Casualty & Surety , CNA Assurance tl ft " tl ft n n ff n ti Lunbermsn's Mutual It tl Employers' of Nausau General Accident tt n ti it tt tt ii 985LG30584SCA 11/15/76 - 10/1/77 . CCP 248-3280 10/1/76 - 11/15/76 CCP 248-3414 10/1/75 - 10/1/76 834-0276 ' 10/1/74 -10/1/75 822-5714 10/1/73 - 10/1/74 ' 822-5714 10/1/72 - 10/1/73 822-4673 4/18/72 - 10/1/72 822-3476 1/1/71 - 4/1S/72 OYL 295175 1/1/70 - 1/1/71 9YL 295175 1/1/69 - 1/1/70 2790421047 ' - 1/1/68 - 1/1/69 GLA 36-748-15 ..1/1/67 - 1/1/68 10S 427410' 1/1/64 - 1/1/67 ICG. 372750 1/1/61 - 1/1/64 . 10G 301750 1/1/58 - 1/1/61 ICG 242300 ' 1/1/57 - 1/1/58 The excess insurers.involved, with policy numbers and terms of coverage, are: ' '' INSURER POLICY NO. - term Continental Casualty II XX If It . American Reinsurance 'Lloyd's of London ii n n ti " `n Homs Insurance FDX9230603 RDU9397039 . RDU9910225 All prior coverage M1222-1-2001 ' EML601000501 EML600029601 EML610011501 ' CN1106/67/68/69 HEC9557890 8/1/67 - 1/1/71 1/1/67 - 8/1/67 1/1/64 - 1/1/67 ' 8/1/67 - 1/1/71 1/1/71 - 4/18/72 1/1/71 - 4/18/72 1/1/71 4/18/72 8/1/67 - 1/1/71 8/1/67 - 1/1/71 *: ' W'-ember 22, 1979 1 ,>sed: Kay 1, 1981 NORTH AMERICA DISTRIBUTOR LIST Archway Chemical & Supply Inc. 4321 Chouteau.Avenue, St Louis, KO 63110 * PH: (314) 533-4662 -' , ' John T. Bauastark, President Archway Chemical & Supply Inc. Suite 207A, 310 Armour Road, . N. Kansas City, KO 64116 PH: (816) 471-2176 - . ' A.E. Sotta Stephen J. Tyner John K. Bice Company, Inc. 1319 Boyd Street, Los Angeles, CA 90033 PH: (213) 264-5950 ^ . Mrs. Lita Olquin, President Carmona Chemical Company, 1001 17th Street, . San Francisco, CA 94107 . PH: (415) 626-9241 J.H. Carmona, President Canada Colors & Chemicals Ltd. 80 Scarsdale Road, Don Mills, ON, Canada M33 2R7 PH: (416) 444-2592 * '* Peter B. Trapman, Dist. Sis.' Mgr. Ben L. Domander, Sr. Prod. Mgr. Canada Colors & Chemicals Ltd. P.0. Box 300S,_Station C, Hamilton, ON, Canada L8H 7J3 PH: (416) 549-2437 J. Polland, Dist'. Sis. Mgr. -Canada Colors & Chemicals Ltd. *7080 River Rd., Suite 217, Richmond, B.C., Canada V6X 1X5 PH: (604) 270-1696 Twx: 610 9292032 , John Halley, Dist. Sis. Mgr. Canada Colors & Chemicals XEastern), ' P.O. Box 2330, * Dorval Postal Station, . Dorval, P.Q., Canada H9S 5J4 PH: (514) 735-5721 - . David J. Robertson, Dist. Sis. Mgr. Canada Colors & Chemicals Ltd. 2020 Center Avenue, N.E. - . Calagary, AB, Canada T2E 031 PH: (403) 273-8131 Telex: O38-216S0 ` - Twx: 610 8215017 'T . . ` " . ... . "Aroin Rudin, Sr. Tech. Rep. . *. .. Chemical Distributors, Inc. P.0. Box 10763, Portland, OR 97210 * PH: (503) 243-1032 Commercial Chemicals, Inc. - 211 Hertel Avenue, Buffalo, S.Y. 14207 PH: (716) 873-3000 . . Cron Chemical Corp. P.O.' Box 10027, ' Dallas, TX 25207 -*V - PH: (214) 631-6670 . Cron Chemical "Corp. P.0. Box 14042, ' Houston, TX 77021 PH: (713) 644-7561 . `. .. . *' Cron Chemical Corp.' * ' 4471 Michoud Blvd. - Hew' Orleans, LA 70129 PH: (504) 254r0865 ' _ ; William D. Egleston Company Inc. P.O. Box 65, ' ' Winchester, HASS 01890 " ' - PH: (617) 729-5585 " . Empire Ace Insulation lig. Co. . c::.j:*-One Cozine Avenue, - - i; Brooklyn, N.Y. 11207 pH: (212) 649-4900 -. A.E. Fleming Company, Inc. 13315 Stephens Avenue, . .V:- Warren, HICH 43089 ; . PH: (313) 759-6800 * . Daniel G. Hereley Co. " .' 2800 West Peterson Avenue, Chicago, ILL 60659 . . *PH: (312) 262-6171 * ' ' ' __ : * McCann-Shields Paint Company, ' . 27 Alexander Street, ' ' _ - Pittsburgh; PA 14220 " PH: (412) 921-2103 or 2957 ' V ' Page 2 Donald J. Cruickshank, President Don J. Bradley, Jr., Sales Manager . Grover L. Kickell, V.P. llyron H. Cron, President Philip Trainor, Branch Manager Edward C. "Cooney Rat Kevelson,'Vice President Wes Jend, President Paul L. llesserschmitt, President . David Shields, President t \ *j * . .. * ^ ` . Peltz Rowley Inc. 937 North Front Street, Philadelphia, PA 19123 PH: (215) 627-3077 . . Les Entreprises Dalna Poirier Ltee, C3se Postale 159, Thetford Mines, P.Q. ' Canada - C6G 5S5 PH: (A18) 335-7551 , . * H.M. Royal, Inc. 689 Pennington Avenue, . Trenton, N.J. 08601 ; ' PH: (609) 396-9176 . * . Donald McKay Smith, Inc. * ' . -.11815 Williamson Avenue, Lakewood, OH 44107 PH: (216) 521-9246 `' * Smith Chenical 6 Color Company, 104-20 Dunkirk Street, Jamaica, L.I., New York 11412 PH: (212) 454-9400 * -' Page 3 Stu S. Peltz. Vice President Bob S. Bogatin, Vice President Dalna Poirier, General Manager H.M. Royal, Sr. - : ' * ' V . - ** . .-. ****..*.**. Robert U. Breen, President Mike Grady Sam Janon * E.Z. Smith, Vice President OVERSEAS DISTRIBUTOR LIST eyHib/r"*-'- Angelo Baravalle Via S Teresa 19 1-10121 Torino Italy 1 CABLE: TELEX: 22395 BAHAMA PHONE: 39 + (0)11 + 55-6944 " Angelo Baravalle, Owner . . Central Asbestos Company Ltd. Central House Thomas Road London El- 7BQ, England . John F. Kimbell, Account. Mgr Ken Wood, Managing Director . CABLE: CENBESTOS LONDON TELEX: 24211 CENBES G PHONE: 44 + (0)1 + 987-5711 . PT Central Binka JL Yos Soedarso 99 TLP Jakarta, Utara Indonesia CABLE': JAKAGROUP JAKARTA TELEX: PHONE: 29-0464 or 29-0535 Ir. Sulaeman Krisnandhi, Director Ir. L.M. Sianipar, Pres. Director Chcmag Ticaret-Ithalat ve Ihracat P.0. Box 59 Mecidiyekoy, Istanbul, Turkey CABLE: CHEMAGTICARET ISTANBUL TELEX: 22589 CHEM TR PHONE: 66-4883 & 664554 Manfred Klanten, Manager Decelles Impex Corp. 5604 Chamberland Cr Cote St Luc, P.Q. H4W 1W6 . CABLE: DECIMPEX MONTREAL TELEX: 055-60247 DECIMPEX MTL PHONE: 1+514+486-1858 or 462-0446 Carl Nahm, President ...12 * Deutsche Asbest-Gesellschaft, GmbH Prinz-Albrecht-Str. 41 Postfach 10 05 82 D-4100 Duisburg, Germany CABLE: ASBEST DUISBURG TELEX: 855835 DEAGE D PHONE: 49 + (0)2131+33-0568 or 33-0788 G. Devineau, S.A. ' 26, Rue Lafayette F-75009 Paris, France CABLE: GEDEVINEAU PARIS TELEX: 650754 DEVINO PHONE: 33 + (0)1 + 824-7040 ' Eternit Corporation P.0. Box 310 Makati Metro Manila 3117 Philippines CABLE: ETERNIT MANILA TELEX: 758-2392 ETERNIT PU PHONE: 63 + (0)2+70-4446 General Agencies Company Paseo Colon 2259 P.0. Box 321 San Jose, Costa Rica CABLE: ASEGUIER SAN JOSE TELEX: 2135 ASEGUIR PHONE: 22-4138 & 22-9233 General Sales Corporation Ltda. Calle 37, No. 46-03 Airmail Box 395 Barranquilla, Colombia CABLE: MAECO BARRANQUILLA TELEX: PHONE: 2-6670 Page 2 Guenter Schultz, Owner Marianne Schultz Jean Pierre Renouard, President Jacques Eschenbrcnner, Sis. Mgr. H Clive Hemming, President Mrs. Miriam Cabanos, Acct. Mgr. Antonio Argiles Fernando Herrera, Sub-Manager /3 - Page 3 Guzman S.A. Edificio Guzman Carrier dels Traginers No. 9 Apartado Correos 712 Valencia 14, Spain . CABLE: FIDELMAN VALENCIA TELEX: 62649 FIDE E ' PHONE: 34 + (9)6+379-8600 ' Francisco Aleraanv, Comm. Mgr. Augusto Cruanes, Account. Mgr. Hudson Enterprises Ltd. p.O. Box 47-69 Taipei, Taiwan . CABLE: HUDSONLTD TAIPEI TELEX: 24276 SEMSONS PHONE: 592-1164 Richard Han, Managing Dir. Andrew J. Chou, Acct. Mgr. * Huxley Development Corporation 3910 Time & Life Building Rockefeller Center New York, New York 10020 CABLE: HUXLEYC0RP HEW YORK TELEX: 12-7407 HUXLEY NYK PHONE: 1+212+581-0660 Adam Novak, President Murray Siegel, V.P. ICI-Intercambio Comercial Intemacional Ltda. Av. Brig. Faria Lima 1651 P.O. Box 20814 01451 Sao Paulo, Brasil CABLE: ICITRADE SAO PAULO TELEX: 112-1307 ICMI BR PHONE: 55 + (0)11+212-1352 or 210-8267 or 211-6576 Cesar Balestreri, Gen. Director ' Andreas Jennow A/S 12, Strandgade DK-1401 Copenhagen K, Denmark CABLE: ANDROW COPENHAGEN TELEX: 31351 AJAS DK PHONE: 45 + (0)1+57-9800 Haagen Jennow, President Bo Andersen, Account. Mgr. ,../4 Page 4 T. Knkiuch'i & Company Ltd. No. 9 Honcho, 1-Chome Nihonbashi,- Chuo-Ku, Tokyo, Japan . CABLE: KAKIUCI1I TOKYO TELEX: 23387 J23387 KAKIUCHI PHONE: 81 + (0)3+270-8311 M. llayashi, Mat. Dept. Mgr. M. Koizumi, Dir. Mat. Dept. Keyser & Mackay Run Gineste 11 B-1030 Brussels, Belgium CABLE: KEYMAC BRUSSELS TELEX: 22211 KEYMAC B PHONE: 32 + (0)2+219-5500 L.J. Meijer, Director J. Scheepers, Inside Sis. 6 Trfc Keyser & Mackay Badenerstrasse 701 CH-8048 Zuerich, Switzerland CABLE: KEYMACSUISSE ZUERICH TELEX: 52285 KEYMA CH PHONE: 41 + (0)1+62-6161 J.J.A. Brummans, Director Productos Quimicos Mardupol S.A. Profa Eulalia Guzman 75 Apartado Postal 26-352 Mexico 4 DF Mexico CABLE: MARDUPOL MEXICODF TELEX: 177-6334 MARDME PHONE: 1+905+541-6100 Vicente Martinez, Dir. Gen. Antonio Cuevara G., Int'l Dept. Humberto Abaroa, V.P. Metro Company Ltd Metro Building 1 180-184 Rajawongse Rd Bangkok, Thailand CABLE: KETR0C0 BANGKOK TELEX: 2578 METROBGK TH PHONE: 222-9154 or 222-9163 or 222-9173 Mr. Pracha, Ch. Sundry Chem. (a-c) Mr. Somphong, Ch. of Paints etc. (vinyl tile, friction) .. ./5 4 Page 5 Muniz Fernandez & Co. C POR A Maria Montoz- No. 51 Esq. Pena Batlle Apartado Postal 1130 Santo Domingo, Rep. Dominicana CABLE:.UNIDOS SANIODOMINGO TELEX: 346-0226 UNIDOS PHONE: 565-4381 Societe Plamec Case Postale 737 Napierville, P.Q. JOJ 1L0 CABLE: TELEX: PHONE: 1+514+653-1518 or 937-2592 Possehl Erzkontor GmbH Beckergrube 38-52 ' Postfach 1633, D-2400 Luebeck 1, Germany CABLE: ERZKONTOR LUEBECK TELEX: 26426 ERZ D PHONE: 49+(0)451+1481 K.V. Robinson & Associates Pty. Ltd. P.0. Box 71, Mount Waverley Victoria 3149, Australia CABLE: R0BASSC0 MELBOURNE TELEX: ' PHONE: 61+(0)3+277-1645 . Ing. N. Sekler, Oficina Tecnica s.r.l. Edificio lasa Plaza La Castellana P.0. Box 2960 Caracas 101, Venezuela CABLE: INSEKA CARACAS TELEX: 23334 OMFVE PHONE: 58 + (0)2+33-6659 or 33-3432 Benjamin Muniz, Fi'- .-nt Lawrence Dube, V.P. Johan Kroeger, Director Guenter Schmidt, Acct. Mgr. ' Ken Robinson, Owner Ing. Nelo Sekler, Owner " . ...16 < Will L. Smith S.A.C.I. Av. Corrientes 1386 Buenos Aires, Argentina CABLE: WILLSMITH BAIRES TELEX: PHONE: 45-8932 Sumitomo Shoji Canada Ltd P.0. Box 53, Commerce Court Postal Station Toronto, Ontario M5L IB9 ' CABLE: SUMITS110JI TORONTO TELEX: 062-17741 SUMITOMO TOR PHONE: 1+416+363-3471 Taiwan Goodwinner Co. Ltd. P.O. Box 7-432, Taipei, Taiwan ' ' CABLE: KYKY TAIPEI TELEX: 24103 WILLWAY PHONE: 701-6523 or 702-1402 Toyomenka Canada Ltd. 1155 Dorchester Blvd. West Suite 3404 Montreal, P.Q. H3B 3T3 CABLE: TOYOMENKA MONTREAL TELEX: 05-25353 TMK MTL ' PHONE: 1+514+871-8914 Toyomenka (Pakistan) Ltd. Bldg. No. 2, ALICO Square 1.1. Chundrigar Road P.O. Box 4099 Karachi-2, Pakistan CABLE: WATAT0Y0 KARACHI TELEX: 2616 TOMEN KAR616 PHONE: 23-4095 Ernest V. Jacobs, Mgr. Import Dept Yukio Shiokawa, Mgr. Gen., Prod. Dept. Paul K.Y. Chen, President . K.V. Dzau, Asst, to Mgr. ' H. Okaniwa, General Manager Toyo Menka Kaisha, Ltd. Toyo Menka House, 4 East Nizaniuddin Extension New Delhi-13, India CABLE: WATATOYO NEW DELHI TELEX: PHONE: 61-9510 & 61-9557 Robert Weisz Postfach 15 Scheidlstrasse 49 A-1181 Wien, Austria CABLE: WE1SZAGENT VIENNA TELEX: 74808 WEISZ A PHONE: 43 + (0)222+47-4251 PBA (Wiesner) Ltd P.0. Box 8058 52442 Ramat-Gan, Israel ' CABLE: PEBEA RAMATGAN TELEX: 34-1267 PBA IL PHONE: 972+(0)3+70-2141 ' Page 7 M. Watanabe, Manager Robert Weisz, Ovmer ' Mr. Beda Wiesner, Mng. Dir. David Dresel, Acct. Mgr. ' Dated this 19th day of February, 1982 GUNHUS, GRINNELL, JEFFRIES, KLINGER & SWENSON By ` __________ Richard N. Jeffries 512 Center Avenue, P. 0. Box 1077 Moorhead, MN 56560 Attorneys for Carey Canada, Inc. (218) 236-6462 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been mailed by first-class mail to all attorneys of record in this case on the 19th day of February, 1982. Richard N. Jeffries The undersigned, ROBERT W. EMERTON, III is Senior Litigation Counsel for the parent corporation of Carey Canada, Inc., East Broughton Station, Quebec, Canada G0N-1H0, and signs these Answers to Interrogatories as such. However, he has no personal knowledge of the facts as set forth herein. And further, such facts are the result of the investigation by attor' neys on behalf of Carey Canada Inc. and he affirms these Answers for purposes of taking necessary official action by Carey banadajuj.. o^ly. Robert W. Emerton, III CAREY CANADA INC. Senior Litigation Counsel STATE OF FLORIDA COUNTY OF HILLSBOROUGH Before me the undersigned, a Notary Public in and for the County aforesaid, this day appeared Robert W. Emerton, III, who stated he is authorized to execute the foregoing Answers to Interrogatories on behalf of Carey Canada Inc., and that the matters stated in said Answers are true and correct to the best of his knowledge, information and belief. SUBSCRIBED AND SWORN TO BEFORE ME, this day of 198^. Notary Public in and for State of Florida County of Hillsborough Notary Public State of Ronds af Lsrjj . My Com.nisiien Expirej Aagi is, 1335,