Exhibit D From: Kennedy C

11/28/2018

Case Number: AC 17-0694

Exhibit D From: Kennedy C. Ramos To: "Allan McGarvey"; "Dustin Leftridge" Cc: Edward Longosz ([email protected]); ([email protected]) Subject: Dr. Sicilia Date: Wednesday, November 28, 2018 5:24:02 PM Attachments: ZURICH-HUTT - SICILIA EXPERT REPORT HUTT (11-20-2018) (N0307325xA35AA).pdf

Allan and Dustin,

Plaintiff is aware of Dr. Sicilia’s general opinions as they relate to the use of, requirements surrounding, and dissemination of information about asbestos in twentieth century America. We have provided multiple dates for Dr. Sicilia’s deposition, including November 6, 13, 15, and 16. Those dates have passed and we have still not heard from Plaintiff whether Plaintiff intends to depose him.

Since there has been no response to the deposition dates, and after recently deposing plaintiff’s experts, Dr. Spear and Dr. Hart, Dr. Sicilia’s opinions are reflected in the attached report, with a supplement to follow if necessary when Dr. Hart’s deposition is received. We are providing this report in lieu of the deposition such that Plaintiff will adequately have a complete understanding of the opinions that Dr. Sicilia intends to provide at trial. As before, he remains available for deposition. Please let us know if you would like us to obtain additional dates.

Regards,

Kennedy C. Ramos, Esq. | Associate **Admitted in Alabama, Virginia and DC ECKERT SEAMANS CHERIN & MELLOTT, LLC

1717 Pennsylvania Avenue, N.W. • 12th Floor • Washington, DC 20006 (202) 659.6675 [email protected]

eckertseamans.com

Expert Report of David B. Sicilia November 20, 2018

I am an Associate Professor of History and hold the Henry Kaufman Chair of Financial History at the University of Maryland, College Park, MD. My areas of specialization include business, economic and technology history and modern U.S. history. I was awarded a Ph.D. in history from Brandeis University in 1991, and have taught at the University of Maryland since 1994. My curriculum vitae is attached for further reference.

This report summarizes my research and opinions – based on my background and training and on extensive topic‐specific research – about: 1) the use of asbestos in twentieth century America; 2) local, state and federal requirements for the use of asbestos‐containing materials; 3) medical and scientific, governmental, and labor union research on the potential health effects of asbestos; and 4) dissemination of information about the uses and potential health effects of asbestos through newspapers, periodicals, specialized non‐medical journals, and broadcast media.

In researching these matters, I utilized (in addition to my background and training) libraries, archives, and electronic finding aids and databases that hold articles from newspapers, general periodical literature, books, and government sources, and from the trades and industries that used asbestos. I was able to locate and review, among other sources, approximately 82,000 documents from these sources. The main categories of documents are: books, newspapers, government documents, industry codes and regulations, industry trade journals, medical literature, magazine articles, and union documents. If I were to produce an itemized list of these documents with approximately 20 citations per page, the index alone would be about 5,000 pages long. In the newspapers, government documents, union records, and periodicals (both industry trade journals and popular magazine articles) I retrieved a pdf copy of every item in which the word asbestos appeared. I then reviewed each of these items in order to determine whether health effects from asbestos production, distribution, or use were published or publicized in any manner, and if so, how. In order to insure the materials I had retrieved were properly categorized, I conducted several reviews of the entire data set by querying search terms such as asbestosis, health, hazard, dust, illness, lung, cancer, and mesothelioma, among others. Using these methods and by reading each article for context, I am able to conclude that I have determined the degree to which health concerns relating to the use of asbestos products were publicized to the American public and to several relevant subgroups.

This methodology allowed me to reach the conclusions expressed below within a reasonable

degree of historical and scientific certainty as to what was known or reasonably knowable by industry, governments, unions, and – especially – the general public about asbestos in the United States in the twentieth century. It is also worth noting that the methods and research described above are substantially different from the methodologies used by some individuals whose reports and research I have reviewed as part of my efforts. Specifically, major shortcomings of their research and reports include: relying heavily or exclusively on materials published for a small segment of the medical community; failing to employ currently available search tools to determine whether medical research reached industry or the general public; and failing to determine the degree to which newspapers, magazines, and other mass media delivered contrary non‐health‐related messages or their proportion to health‐related messages concerning asbestos.

1. Between 1900 and 1980, asbestos was widely used in thousands of commercial and military applications in the United States, where it was highly regarded for its fire prevention, insulation, and durability properties. Federal, state, and local governments continued to require or recommend asbestos in building and fire codes and other applications throughout this period.

By 1900, asbestos had for decades enjoyed a reputation as a “miracle” material, especially for its heat and chemical resistant properties. As the U.S. economy industrialized, technicians discovered more and more special and useful properties of asbestos. Asbestos was used as an insulator against heat, cold, moisture, and electricity. It was also prized because it is inert when exposed to chemicals, including acids. Because it bonds easily with many other materials, asbestos was used widely for fire prevention – in roofing, siding, flooring, and other construction materials (often in combination with vinyl or cement). It was widely used in theater curtains and fire doors in public venues, and was credited with saving thousands of lives a year.1 With the emergence of the automobile industry in the early twentieth century, asbestos was used for car and truck brake linings, clutch facings, and gaskets. As an insulator, asbestos often was used in high temperature applications powered by furnaces and boilers, and to insulate chimneys, pipes, and electric and marine equipment. During the Second World War, the U.S. Navy used asbestos liberally in ship construction.

Local, state, and federal authorities required the use of asbestos in many construction

1 For a comprehensive treatment of the evidence focusing on fire prevention but also hundreds of other asbestos applications, see Rachael Maines, Asbestos and Fire: Technological Trade‐Offs and the Body at Risk (New Brunswick: Rutgers University Press, 2005), esp. pp. 173‐9 (Appendix A: Some Asbestos End‐Uses in the United States, 1850‐1990. See also “Asbestos Long Identified with Magic and Mystery,” New York Times (May 8, 1927), p. X‐14.

applications for residential, commercial, and industrial facilities including homes, schools, hospitals, offices, stores, theaters, and factories.2 By the 1950s, asbestos was used in approximately 3,000 applications and sprayed asbestos (commercialized in the 1930s) was gaining widespread use as a fast and economical way to insulate steel beams in buildings and other structural components.3 In the 1960s, the mining, milling, and manufacturing of asbestos continued on an increasing trajectory, with new applications introduced each year.4 Local, state, and federal governments continued to specify asbestos in many building codes and for some military applications. Asbestos was recommended, for example, as a durable fireproof material for medical schools.5 Public schools were commonly insulated and fireproofed with asbestos, and asbestos composites (such as vinyl‐asbestos) were a staple in home construction for interior flooring and exterior shingles.

2. Medical, government, and labor union research on the potential health effects of asbestos did not reach the general American public to any significant degree until the 1970s.

2.a Medical Research and Knowledge. Early in the twentieth century, a small number of medical researchers in Great Britain, Germany, France, and Canada began to document what appeared to be asbestos‐related illnesses among asbestos textile factory workers with heavy

2 Examples are: New York State, State Building Code Commission, Code Manual for the State Building Construction Code (June 1, 1954); American Society for Testing Materials, ASTM Standards in Building Codes (Philadelphia, April 1955); National Board of Fire Underwriters, National Building Code (New York, 1955); U.S. Department of Health, Education, and Welfare, Public Health Service, General Hospital Planning and Design [PHS pub. 930‐G‐6] (Washington, D.C., Jan. 1963.

3 See Plant Management and Engineering, “Sprayed Asbestos on Building Columns … Cuts Fire Insurance Premiums $9,000 Annually” Dec. 1960): 43.

4 See The Economist, “Changing Face of Asbestos” (Nov. 4, 1961): 477‐8; Modern Plastics, “Nylon + Asbestos + Strength” (June 1964): 94‐5; The Oil and Gas Journal, “Water‐Asbestos Drilling Fluid Saves for Texas Contractor” (May 10, 1965): 190; Barron’s, “Not Resistant to Change: Interesting New Markets Are Opening Up for Asbestos” (May 24, 1965): 11, 23; Modern Plastics, “Now for Asbestos‐Filled Polypropylene” (Aug. 1966): 102‐3, 154; Hartzel, L.W., et al., “Low‐Iron‐Content Asbestos for DAP Molding Compounds,” Modern Plastics (July 1967): 137, 140; Power, “How to Improve Cooling Tower Efficiency” (Feb. 1969): 67. Sprayed asbestos was an increasingly popular application. See The Oil and Gas Journal, “Sprayed asbestos insulation permits coating to be applied joint free” (May 23, 1966): 145.

5 U.S. Department of Health, Education, and Welfare, Public Health Service, Medical Education Facilities [PHS Pub. 1180‐A‐1b] (Washington, D.C., 1961) recommended vinyl‐asbestos floor tile and asbestos (and other materials) for partitions between research laboratories.

asbestos exposures. By the 1930s, some of these case reports, as well as findings from a British factory study by Drs. Merewether and Price, were published in the U.S.‐based Journal of the American Medical Association (JAMA). More individual and group case studies, almost all of them conducted in Europe, followed in the 1930s and 1940s.6 Nevertheless, asbestos disease was a minor topic in the overall landscape of American medical research. This is illustrated by the fact that the number of pages in articles mentioning asbestos published by two of the nation’s most esteemed and widely read medical journals – JAMA and The New England Journal of Medicine (NEJM) – was fewer than one page in 1,000 for JAMA and fewer than one in 700 for NEJM for all issues published from 1945 to 2000.

NEJM 1945-2000 JAMA 1945-2000

■ non- ■ non- asbestos asbestos asbestos asbestos

In the United States, a group of industrial hygienists, toxicologists, and chemists formed the American Conference of Governmental Industrial Hygienists (ACGIH) in 1939. Even though the ACGIH grew out of a 1937 conference of the U.S. Public Health Service’s Federal Division of Industrial Hygiene, it was a voluntary association, not an official government body. After the Second World War, the ACGIH began to recommend Threshold Limit Values (TLVs) for a variety of workplace fumes, vapors, and dusts, including asbestos. However, the organization’s TLV Committee included no doctors, and its recommendations carried little influence in the scientific community.7 The ACGIH was an unofficial precursor to the government regulation

6 Barry I. Castleman documents these early studies in chapter 1 of Asbestos: Medical and Legal Aspects (Frederick, MD: Aspen Publishers, Inc., 5th ed., 2005), but erroneously concludes from his review of medical literature alone that “asbestosis was by 1935 widely recognized [emphasis added] as a mortal threat affecting a large fraction of those who had regularly worked with the material.” (quotation p. 33). The Merewether and Price study is E. R. A. Merewether and C.W. Price, “Report on Effects of Asbestos Dust on the Lungs and Dust Supression in the Asbestos Industry,” London, Home Office, Her Majesty’s Statistical Office, London, March 14, 1930. See also my discussion of asbestos insulator union knowledge of asbestos health hazards.

7 V. M. Trasko, “Industrial Hygiene Milestones in Government Agencies,” American Journal of Public Health 45 (January 1955): 43. Castleman and characterizes the ACGIH as underfunded and ineffectual. Castleman, Asbestos: Medical and Legal Aspects, 222‐3.

that would emerge after 1970. Its statements relating to asbestos gained little or no attention in the national press.8

Research on potential hazards from asbestos while workers removed or replaced gaskets and packing was not carried out in controlled scientific studies until the early 1990s, with the publication of studies by Cheng and McDermott, McKinnery and Moore, and others. These studies concluded that asbestos exposures from gasket and packing replacement by workers using standard tools and techniques were not likely to have produced asbestos exposure above historical or contemporary occupational limits.9 Prior to 1991 there are fragmentary passing references to asbestos in gaskets and packing in the medical literature but no conclusion it posed a substantial risk or should have been banned. In Britain, Merewether and Price briefly discussed the potential for asbestos dust generation from gaskets (“packing and jointings” in English terminology) for the manufacturers of asbestos yarn and cloth (but not the users of gaskets and packing or onlookers) and found minor dust levels.10 At an international medical conference in Lyon, France, in 1973, one presenter concluded that “There is no conceivable health risk in the use of asbestos‐based gasket materials.”11 In 1978, both a U.S. Navy study

8 The ACGIH is not even mentioned in recent histories of industrial health and workplace safety in America. See Christopher C. Sellers, Hazards of the Job: From Industrial Disease to Environmental Health Science (Chapel Hill: University of North Carolina Press, 1997); and Mark Aldrich, Safety First: Technology, Labor, and Business in the Building of American Work Safety, 1870‐1939 (Baltimore: Johns Hopkins University Press, 1997).

9 R. T. Cheng and H. J. McDermott, “Exposure to Asbestos from Asbestos Gaskets” Applied Occupational Environmental Hygiene 6:7 (1991): 588‐91; W. McKinnery and R. Moore, “Evaluation of Airborne Asbestos Fiber Levels during Removal and Installation of Valve Gaskets and Packing” American Industrial Hygiene Association Journal 53 (1992): 531–2; J.R. Millette and M.D. Mount, “A Study Determining Asbestos Fiber Release during Removal and Installation of Valve Gaskets and Packing” Applied Occupational Environmental Hygiene 8:9 (1993): 790‐3; S. Spence and P. Rocchi, “Exposure to Asbestos Fibres during Gasket Removal” Annals of Occupational Hygiene 40 (1996): 583–8. Prior to these and similar publications, there were some unpublished investigations of gasket removal exposure, which are cited and discussed in W. L. Dyson, State‐of‐the‐Art Knowledge: Asbestos Exposure in Petrochemical Plants, Feb. 7, 2003.

10 E. R. A. Merewether and C. W. Price, “Report on Effects of Asbestos Dust on the Lungs and Dust Supression in the Asbestos Industry,” London, Home Office, Her Majesty’s Statistical Office, London, March 14, 1930.

11 K. V. Lindell, “Industrial Uses of Asbestos,” in P. Bogovski et al., eds, Industrial Uses of Asbestos (International Agency for Research on Cancer, Lyon, France, 1973), 323‐8.

and Drs. Selikoff and Lee concluded that gasket and packing work did not present a significant hazard to naval shipyard workers.12 In short, the consensus among medical experts from 1930 to the present has been that typical gasket and packing maintenance and replacement does not pose a significant health risk for workers or bystanders.

2.b. U.S. Navy Research, Knowledge, and Use of Asbestos. Because asbestos was extremely valuable for its insulating properties, as a fire retardant, and for many other uses in military vessels, large amounts were used during the nation’s rapid naval buildup before and during the Second World War. The Navy insulated ships with several kinds of the mineral fiber including amosite and chrysotile asbestos.13 Throughout the war and for decades after, the Navy recommended techniques for handling asbestos in shipbuilding designed to minimize risk to workers, but did not eliminate its use. The Navy occasionally reviewed research on asbestos health effects, but deemed it inconclusive and continued to require asbestos in many naval applications. None of this information reached the general public throughout the first half and well into the second half of the twentieth century.14

As an example of the mixed conclusions reached by the Navy, at some Navy production facilities asbestos was seen as one of several potential health risks to workers, along with x‐rays and radium, lead, and other minerals known to cause lung disease. In 1939, the Navy examined eleven men who worked with asbestos in the Pipe Covering and Insulating Shop. These men had worked in the shop from 1.7 to 17 years, with six men reporting having worked ten or more years. As reported at that time, all had negative test results.15 Meanwhile, aboard the same ship, flight deck fire fighters were provided with “suitable asbestos cover‐alls with a hood protecting head and face,”16 and elsewhere in naval ship construction, asbestos was specified

12 L.R. Liukonen, et al., “Asbestos Exposure from Gasket Operations,” Report of the Industrial Hygiene Branch, Naval Regional Medical Center, Bremerton, WA (May 1978); Irving J. Selikoff and D.H.K. Lee, Asbestos and Disease (New York: Academic Press, 1978), 467.

13 W. T. Marr, “Asbestos Exposure During Naval Vessel Overhaul,” Industrial Hygiene Journal (May‐June 1964), 265.

14 U.S. Department of the Navy, “The History of Naval Industrial Hygiene Officers,” booklet (Washington, D.C., Feb. 1997), quotation p. 14.

15 U.S. Department of the Navy, Annual Report of the Surgeon General, U.S. Navy, in Bureau of Medicine and Surgery, “Statistics of Diseases and Injuries in the United States Navy for the Calendar Year 1939” (Washington, D.C.: U.S. Government Printing Office, 1941), 22‐25.

16 U.S. Department of the Navy, “Statistics of Diseases and Injuries in the United States Navy for the Calendar Year 1939,” 18‐19.

or recommended for a wide array of applications. The April 1942 edition of the Marine Engineering and Shipping Review shows on‐board asbestos used as insulation for generators, turbines, boilers, refrigeration lines, steam lines, and diesel motors.17

In the final year of the war, 1945, the Navy commissioned another study of pipe coverers, this one much larger than the 1939 investigation. The study was conducted by Dr. Philip Drinker, the Chief Health Consultant for the U. S. Maritime Commission and a leading industrial health expert from the Harvard School of Public Health; and by three Navy officers who also served as health consultants to the Navy.18 As they reported in a peer‐reviewed article in the Journal of Industrial Hygiene and Toxicology the following year, the researchers found no cases of cancer among the 1,074 pipe coverers examined, who comprised some ten percent of the pipe coverers employed at two naval shipyards and two contract yards. They also found an “extremely low incidence of asbestosis” – three cases, or less than one‐third of 1 percent of the 1,074 workers studied. Acknowledging that the pipe coverers changed tasks, and therefore asbestos exposures, frequently, making it “manifestly impossible to set a [reasonable exposure] threshold,” the investigators concluded pipe covering in naval construction “is not a dangerous occupation.”19

For decades after the war, the Navy continued to specify asbestos for a wide range of naval construction applications while listing asbestos among many potentially hazardous materials and recommending safeguards such as ventilators and respirators. In its 1955 “General Specifications for Ships of the United States Navy,” the Navy required asbestos components in many aspects of ship construction, including spark protection for delicate machinery, pipe hanger insulation, lag and tape fasteners, and (in many varieties of cloth and millboard) turbine cover insulation.20

In 1968, officials from the Navy’s Bureau of Medicine met to discuss the hazards of asbestos with Dr. Irving Selikoff of the Mount Sinai School of Medicine; John P. O'Neill of the U.S. Department of Labor; and Dr. Murray C. Brown of the U. S. Public Health Service. As the Navy

17 Marine Engineering and Shipping Review 48 (April 1942), op. cit.

18 P. Drinker, et al., “A Health Survey of Pipe Covering Operations in Constructing Naval Vessels,” Sept. 21, 1945.

19 Fleischer, W.E. et al., "A Health Survey of Pipe Covering Operations in Constructing Naval Vessels," Journal of Industrial Hygiene and Toxicology, vol. 28, no. 9 (1946), 9‐16; quotations from page 16.

20 U.S. Department of the Navy, “General Specifications for Ships of the United States Navy, 1955,” (Washington, D.C.: U.S. Government Printing Office, 1955).

later reported, data from studies of naval asbestos insulation workers conducted at the time “were inconclusive, in that there were insufficient numbers of non‐smoker insulation workers to comprise a cohort as controls.”21

Reports of the Navy’s investigation and concern regarding asbestos hazards did not begin to reach the American public through newspaper articles until the 1970s. From the late 1930s through the early 1970s, the Navy’s concerns and investigations of asbestos health risks remained confined to the investigators and workers involved in a limited number of studies. During this period, the Navy deemed asbestos a manageable risk far outweighed by its benefits. This began to change in the 1970s, when growing numbers of former shipyard workers contracted asbestos‐related diseases. Only then, and for the first time, did newspapers begin to report the connection between asbestos health risks and World War II‐era shipyard work.

2.c. Labor Union Knowledge and Warnings about Asbestos Health Effects

Information about the possible health effects of asbestos reached a limited segment of labor union members during the first seven decades of the twentieth century, but almost certainly not those who worked with encapsulated products. This was chiefly because the only U.S. labor union to give the matter serious consideration was the International Association of Heat and Frost Insulators and Asbestos Workers (HFIAW), some of whose members worked with asbestos insulation. In 1930, the union reprinted one medical article on asbestosis in its magazine, The Asbestos Worker, but as Barry Castleman notes, “no subsequent mention of asbestos hazards was published in this magazine until the mid‐1960s….”22

In the 1950s, union leadership decided that research on asbestos health effects was inconclusive and no new actions or policies were warranted. In the 1960s, Dr. Irving Selikoff conducted research on asbestos insulators and spoke at several HFIAW meetings, and several union locals examined members for asbestosis. At the end of that decade, the union, guided by Selikoff, remained focused on discouraging smoking by insulation workers and encouraging them to use respirators and have regular chest x‐rays. In the 1970s, the HFIAW began to work with OSHA officials on asbestos health effects and instituted a more formal program than in previous decades.

The first HFIAW president to devote concerted attention to possible asbestos health effects

21 U.S. Department of the Navy, “The History of Naval Industrial Hygiene Officers,” 21.

22 Barry I. Castleman, Asbestos: Medical and Legal Aspects (Frederick, MD: Aspen Publishers, Inc., 5th ed., 2005), 693.

among insulators was Carl W. Sickles, who took office in 1954. In 1957, Sickles told members that “the International [HFIAW] is compiling facts and figures on this matter” and in the meantime “the regulation requiring the companies to furnish safety equipment still holds.”23 After reviewing available evidence, the union’s executive board – and thus its official position – was that no new measures were necessary. As Sickles explained to members, “the lack of sufficient physical, concrete evidence [about asbestos and health effect] received at the General Office, even in connection with the repeated request of your President, is such that your General Executive Board is not in any position to make any recommendations at the moment….” Sickles recommended the creation of a subcommittee to look into the matter further, one “authorized to engage the services and advice of others, including medical authorities if and when, in their opinion, such services and advice is required to be helpful and enable them to reach a decision.”24

Two years later, HFIAW member Nick Evelich met with Dr. Irving Selikoff, the apparent beginning of that union‐research connection.25 In September 1962, Selikoff gave an address at the HFIAW’s annual convention titled “Health Hazards of the Industry” at the 20th annual convention of the HFIAW in Atlantic City, NJ, in which he noted that asbestos had been known among researchers as a cause of lung disease for less than forty years and “[e]ven today, those effects which are known are not widely appreciated, and other effects are but beginning to be recognized.”26 Selikoff also explained that different kinds of asbestos exposures had different effects that doctors still did not understand, nor did they understand interactions between asbestos with other human exposures.27

Selikoff and the union then undertook a study of former and current asbestos insulation workers in two locals (Local 12 in New York and Local 32 in Newark, NJ) who had worked with the material for at least two decades. Out of the sample of 632 insulation workers, 45 instead of the expected 6.6 had died of cancer. In the next few years, Selikoff talked about these findings with other chapters of the HFIAW in Pennsylvania; Buffalo, New York; Alberta, Canada; the union’s southeast district; and at a meeting of the American Medical Association. Some of

23 The Asbestos Worker, April 1957.

24 The Asbestos Worker, Oct. 1957, p. 18.

25 The Asbestos Worker, Aug. 1971, p. 6.

26 The Asbestos Worker, Nov. 1962, p. 8.

27 The Asbestos Worker, Nov. 1962, pp. 8‐10.

these locals developed x‐ray examination programs patterned after the Local 12/32 study.

Selikoff reminded these audiences that his research had been limited to insulation workers, not other trades, and that “[t]hese data would not necessarily apply to asbestos exposure in other industries, such as the factory production of asbestos products, the asbestos textile industry, etc [sic], where conditions of employment might be quite different.”28 He speculated at one point that some other construction trades where workers might have similar exposures ‐‐ “electricians, plumbers, sheet‐metal workers, steam fitters, laborers, carpenters, boiler makers, and foremen [and] perhaps even the supervising architect” – might hold similar risks. But he did not conduct research on those occupational groups, nor ever hint that manufacturers of encapsulated asbestos products might face asbestos health hazards. During this period his central concern was work settings in which workers were exposed to what he called “billowing clouds of dust.”29 When it came to advising unions during the late 1960s, Selikoff and his associates 1) focused solely on insulators; 2) advised workers to use masks and respirators while cautioning against their limitations; 3) suspected smoking was a key contributor to disease when in combination with heavy asbestos exposure; and 4) recommended regular x‐ray examinations for current and former insulation workers.30

In the 1970s, union attention and collaboration shifted toward the work of the newly established Occupational Safety and Health Administration, including standard setting for asbestos air fiber concentration and cancer risk.31 According to the union’s official history, it was not until the early 1970s, under the presidency of Andrew Haas (which ran from mid‐1972 to early 1989) that the union “formed a unique alliance with the medical community, particularly Dr. Irving Selikoff of the Mount Sinai Center for Occupational Medicine.”32 As the decade unfolded, the union’s focus remained on insulators and other construction workers heavily exposed to asbestos fibers because, as the union explained to its members,

28 The Asbestos Worker, Nov. 1964.

29 The Asbestos Worker, Aug. 1966, p. 17.

30 These are the issues that Sickles, in consultation with Selikoff, surveyed insulation workers about in a letter mailed to HFIAW members April 17, 1967. The questionnaire asked, for instance, whether the insulator wore a mask “at a dusty job.” The Asbestos Worker, May 1967, p. 20.

31 The Asbestos Worker, Nov. 1975.

32 International Association of Heat and Frost Insulators, “A Century of Pride – The International Association of Heat and Frost Insulators and Asbestos Workers, 100th Anniversary, 1903‐2003” (IAHFI, 2003).

“approximately three‐fourths of all products in 1972 were used in the construction industry.”

3. Potential health effects associated with asbestos were not broadly discussed in newspapers, periodicals, specialized non‐medical journals, or broadcast mass media in the United States before the 1970s.

3.a Newspaper coverage of asbestos and health. The United States has always been an information‐rich society. Newspapers flourished during the colonial period, and the U.S. Constitution provided for the establishment of a postal service, which quickly became, among other things, a leading means for the conveyance of news.33 Newspapers became, and in many ways remained, the leading mass media in the United States during the period of this study.

The instantaneous and sweeping access to information the vast majority of Americans now enjoy – chiefly via computers networked through the Internet and World Wide Web – is a very recent development. The first personal computer, the Apple II, was introduced in 1977. Early PCs were not networked and were used for gaming, hobbies, and managing household finance; and they lacked the memory capacity to store books, including encyclopedias. It was not until the 1980s – after the period covered in this report – that a few firms (such as America Online, Prodigy, and Compuserve) began to offer online access to some commercial databases. The World Wide Web was not introduced until 1990, the first web browser (Netscape) not until in 1994.34

Before 1980, members of the general public seeking information about asbestos had to rely on newspapers, magazines, and books. Radio and television were much weaker sources of news and health information – and in any event did not carry stories about asbestos.

In 1900, there were 2,226 newspapers in the United States. After declining somewhat in the early twentieth century, the number hovered around 1,750 for decades, and ended the period with 1,745 in 1980. Meanwhile, total daily circulation grew steadily – from about 15 million in

33 Richard R. John, Spreading the News: The American Postal System from Franklin to Morse (Cambridge, MA: Harvard University Press, 1995), passim.

34 Lee S. Sproull, “Computers in U.S. Households Since 1977,” in Alfred D. Chandler, Jr., and James W. Cortada, eds., A Nation Transformed by Information: How Information Has Shaped the United States from Colonial Times to the Present (New York: Oxford University Press, 2000), pp. 257‐65.

1900 to more than 62 million in 1980.35

In the post‐World War II period, major U.S. cities were served by two or more “dailies,” whereas smaller communities were typically served by a single paper, although avid readers in those locales often took a second subscription to a leading regional paper. The big city papers carried a higher percentage of national and international news than their smaller counterparts, which focused on local happenings. Medium‐sized communities (such as Wichita, KS) had the highest degree of newspaper coverage; in some more than 95 percent of residents took daily delivery. The typical American spent about twenty minutes on his or her daily ritual of newspaper reading, perusing the sections with various degrees of attention, with local news getting the closest scrutiny, and men spending more time than women on the sports section.36

In order to determine what reached the vast majority of Americans about asbestos from the turn of the prior century through 1980, I undertook a review of five leading regionally diverse U.S. newspapers: the New York Times, the Los Angeles Times, the Chicago Tribune, the Wall Street Journal, and the Washington Post. Every page of every issue of these papers was word searched using the ProQuest Historical Newspapers database site for the term “asbestos.” Every article, advertisement, or other item identified through these searches – approximately 68,000 in all – were downloaded, reviewed, and categorized as being positive/neutral (no reference to health issues) or health‐related (if there was even a single reference to health effects or any other reason to believe the item could have raised health concerns).

The pattern of coverage in the five major newspapers was clear and consistent. Before 1970, readers were exposed to hundreds of positive or neutral messages per year in articles and advertisements that extolled the virtues of the material and reported on industry developments, and to home listings that showed asbestos products as commonplace and helpful in American life. In sharp contrast, over these seven decades a miniscule number of items in each paper during this period – only 1 in approximately every 1,000 newspaper items about asbestos across all the papers – discussed or even mentioned any real or possible negative health effects associated with asbestos products.

Without doubt, a regular reader of a major urban or smaller local newspaper would have been exposed to only a handful of references to asbestos health effects prior to 1970. The same reader was exposed to tens of thousands of positive or neutral references to asbestos and its uses. Before the 1970s, when the nation’s newspapers helped make the general public much

35 U.S. Bureau of the Census, Historical Statistics of the United States: Colonial Times to 1970 (Washington, D.C.: U.S. Government Printing Office, 1975).

36 James L. Baughman, The Republic of Mass Culture: Journalism, Filmmaking and Broadcasting in America since 1941 (Baltimore: Johns Hopkins University Press, 3rd ed., 2006), 132.

more sensitive to real and potential environmental hazards, finding and reading a report of asbestos risks would have been as difficult as finding a needle in a haystack of positive references to the utility of asbestos.

Combined Data Five Newspapers 1900‐1980 1000 Chicago Tribune Positive and A 900 Neutral r 800 700 # t Chicago Tribube Health Related 600 i 500 Los Angeles Times Positive and o c 400 Neutral f l 300 e 200 Los Angeles Times Health Related s 100 0 Wall Street Journal Positive and 1924' 1 Neutral 1900 1.9.11/4 196:1 956 1910 Year of Publication 1900 ‐ 1980 Wall Street Journal Health Related

After Dr. Irving Selikoff and two of his colleagues discussed their research on a possible link between asbestos and cancer at the Conference on the Biological Effects of Asbestos (sponsored by the New York Academy of Sciences) in October 1964, the New York Times published only one article about the conference that year and none the following year.37

Although print journalism entered a crisis period in recent years, during the period of this study newspaper readership remained robust. In 1970, more than three out of four adult Americans received a newspaper; in 1980, 66.9 percent received one. Most readers continue to read every page, and nearly all read the general news section. Newspapers attract more advertising revenues than television or other mass media.

In the early 1970s, a wave of “new social regulation” – the third wave of government regulation in the twentieth century following the Progressive Era and the New Deal – ushered in many new workplace, consumer product, and environmental regulations.38 The newly created

37 H. M. Schmeck, Jr., “A Rare Carcinoma Believed on Rise: Study of Asbestos Workers Shows High Incidence,” New York Times (Oct. 7, 1964), 24. For the remainder of the 1960s, the New York Times published only one other article on asbestos health effects: J. E. Brody, “Asbestos Called a Hazard to at Least One‐Fourth of U.S.,” New York Times (March 2, 1966), 83.

38 See D. Vogel, “The ‘New’ Social Regulation in Historical and Comparative Perspective,” in Thomas K. McCraw, ed., Regulation in Perspective: Historical Essays (Cambridge, MA: Harvard

Environmental Protection Agency began to regulate workplace air quality standards including asbestos), which at first were voluntary.39 Meanwhile, a few municipalities restricted asbestos insulation spraying.40

After 1970 – the year of the first Earth Day and the year the Environmental Protection Agency was established – the number and percentage of health‐related asbestos newspaper articles increased. Whereas in 1969 only 3 of 264 New York Times articles discussing asbestos items were health‐related, the following year 20 of 229 made some reference to health issues. In the first half of the decade, roughly 90 percent of the paper’s asbestos references were non health related; in the second half of the decade, the frequency decreased, but never fell below 75 percent.

Targeted searches I performed of asbestos coverage in smaller local and regional newspapers through the word‐searchable database NewspaperArchive.com revealed a similar pattern. Because these papers lacked bureaus in major cities, they sometimes picked up reports on asbestos or health‐related research off wire services or ran syndicated stories. Overall their coverage of asbestos health issues was thinner and less frequent than that of the major national papers.

3.b Magazine coverage of asbestos and health. Magazines – both large‐circulation and specialized – also proliferated in the United States. Approximately 5,500 magazines were

University Press, 1981), 155‐185. Even so, as late as 1979, HEW Secretary Joseph Califano, who made workplace safety a centerpiece of his administration, lamented weak federal regulation and continued to focus on the traditional presumed at‐risk groups (“workers in asbestos plants, insulating workers, construction workers, steamfitters, carpenters, tile setters, and mechanics…." “Asbestos: Number One Source of Work‐Related Cancer,” Engineering News‐ Record (Sept. 21, 1979), 41.

39 Asbestos was one of several air pollutants to be designated hazardous under the Clean Air Act (amended 1970). New York Times, “City Swears in Two [EPA officials] to Act on Asbestos” (April 10, 1970), 26. In December 1971, the EPA enacted a five 5 fiber per cu cm of air limit, which was lowered to two fibers the following June. Chemical Marketing Reporter, “Asbestos Pollution Standards Tightened” (June 12, 1972), 7‐8. See also, R. Vare, “Asbestos Under Fire,” The New Republic (July 8, 1972), 13‐15.

40 On New York City’s ban, which affected the construction of the World Trade Center, see Engineering News‐Record, “Asbestos Hearing Held; Danger of Lung Cancer Cited as New York City Ponders Ban” 6:4 (1970), 16; New York Times, “City Bars Builder’s Use Of Asbestos at 7th Ave. Site” (April 28, 1970), 83; New York Times, “City to Stop Spraying Asbestos; Material Was Linked to Cancer” (June 16, 1970), 44. On Boston, Chicago, and other cities see New York Times, M. Knight, “Cities Are Acting to Regulate Spraying of Asbestos” (June 29, 1971), 61.

published in the U.S. in 1900.41 The number of titles grew from about 6,546 in 1935 to 10,236 in 1980.42

Before 1970, only five articles in wide‐circulation magazines made any reference to potential asbestos health effects. (During the same period, thirty‐two magazine articles discussed asbestos positively or with no reference to health effects.) For example, in a rare case in which asbestos risk was mentioned in a wide‐circulation magazine, Scientific American ran an article in early 1949 that discussed dozens of proven or suspected cancer‐causing agents. In the several‐ thousand‐word‐long article, asbestos was discussed in this sentence: “It is known that some radiations and certain metallic compounds including the chromates, the arsenicals, nickel carbonyl and possibly asbestos, cause cancer in this relatively roundabout way [altering organs so that the organ itself produces a carcinogen].”43

During the 1970s, a decade of heighted awareness of water‐ and air‐borne pollution in America, asbestos was noted as a possible public or worker health hazard in twenty‐five popular magazine articles. It was typically listed as one among many possible hazards. The overall pattern of reportage on asbestos in this news and entertainment outlet for the general public therefore corresponds with the pattern previously described for newspapers: almost no coverage of asbestos health effects prior to 1970, then a growing amount of coverage thereafter.

41 http://hsus.cambridge.org/HSUSWeb/search/searchessaypath.do?id=Dg.ESS.01

42 http://hsus.cambridge.org/HSUSWeb/table/showtable_essay.do?id=Dg275‐ 286&seriesid=Dg280&swidth=1920

43 G. Conkin, “Cancer and Environment,” Scientific American 180:1 (Jan. 1949), 11‐15; quotation on p. 12. Similarly, a brief mention of asbestos buried in the next to last paragraph of a 1950 article in Newsweek does not constitute proof of widespread public knowledge. The mention occurs in this passage: "Studies conducted by the United States Public Health Service now point to airborne particles as the cause of some forms of cancer and respiratory ailments. Dr. W. C. Heuper of the National Cancer Institute, Bethesda, Md., referred specifically to air pollution with asbestos, selenium, beryllium, arsenic, and chromates as the probable cause of increased lung and respiratory tract cancer." “Small Studies,” Newsweek (May 15, 1950), 53.

Popular Magazines 5

# of Articles 3

■ health‐related 2 ■ non‐health‐related

0 1900 1910 1920 1930 1940 1950 1960 1970 1979 Year of Publication 1900‐1980

3.c Trade journal coverage of asbestos and health. Engineers, maintenance and construction workers, and others who handled asbestos and asbestos‐containing equipment, as well as the owners and managers of firms employing these men and women, no doubt read the overwhelmingly positive coverage of asbestos in their local newspapers. In addition, many specially trained employees and scientists read specialized trade journals in their fields. These sources repeated, and certainly did not contradict, the positive messages in the general circulation periodicals.

I located and reviewed 336 articles published in leading business and technical periodicals between 1958 and 1979, articles that were indexed (beginning in 1958) in the Applied Science and Technology Index (ASTI) and in the Business Periodicals Index (BPI). The chart below summarizes my review of every article that appeared in both indexes under the heading “Asbestos” for the years 1958 through 1979.

Industry Trade Journal Articles

25 20 15

# of Articles 10

5 ■ Non‐Health 0 ■ Health Non‐Health

Year of Publication 1958‐1980

Between 1958 and 1969, 183 indexed articles about asbestos were published in the business and science/technology trade journals (see chart above). Of those, all but one (or less than one half of 1 percent) discussed scientific or technical aspects of asbestos in a positive manner (by highlighting useful new applications or outstanding properties) or a neutral manner.

As in other print sources, the number and percentage of articles about asbestos and other possible environmental health hazards increased markedly after 1970. In the indexed trade journals, 69 percent (or 105 of 153) of the articles about asbestos published in the 1970s mentioned or discussed health effects, the occupations and exposures of concern were primarily those in which workers used or exposed others to substantial amounts of uncontrolled dusty products including asbestos. Throughout this period, regulatory and health professionals did not focus on users and bystanders to minor exposures from non‐dusty products and equipment using asbestos such as component parts.44

As was reported in news media during the 1980s, some leading asbestos manufacturers, most notably Johns‐Manville, had knowledge of asbestos hazards affecting their employees as early

44 In one of most comprehensive examples of newspaper coverage from this period, R. Sherrill, “Asbestos, the Saver of Lives, Has a Deadly Side,” New York Times Magazine (Jan. 21, 1973) discusses the following at‐risk groups: asbestos factory workers, shipyard workers, drywall workers, insulation workers, pipe fitters, painters, refinery workers, construction workers, schools. See also A. Anderson, Jr., “The Hidden Plague,” New York Times Magazine (Oct. 27, 1974), 21+.

as the 1930s that they concealed. The Owens‐Illinois Glass Company developed a thermal insulation product containing asbestos in the 1930s and began selling it under the “Kaylo” brand in the 1940s. In the 1930s Owens‐Illinois and Corning Glass Works formed Owens‐ Corning Fiberglass. Owens‐Corning Fiberglass Corporation, which had distributed Owens‐ Illinois’ Kaylo asbestos products since 1953, purchased the Kaylo product line from Owens‐ Illinois Glass in 1958. Owens‐Illinois and Owens‐Corning Fiberglass had knowledge of the hazards of asbestos during the 1940s, including from unpublished animal testing of the health effects of Kaylo, but marketed the product as non‐toxic.45

3.d Medical textbook and trade book coverage of asbestos and health. I was unable to identify any medical textbooks on asbestos health effects published before 1970. Barry Castleman notes that “one finds mention” of asbestos diseases in some early medical textbooks on chest diseases, pathology, industrial hygiene, etc.46 But none published in the U.S. were devoted to the topic during this period.

It was not until the late 1970s – the very end of the period examined in this report – that Irving Selikoff and others began to publish books about asbestos health effects. Like the articles published in medical journals prior to this time, these books were highly technical and were aimed at other medical experts. There is no reason to believe members of the general public would have been aware of or been prepared to understand the contents of these texts.

The first asbestos medical text to appear in the U.S. was Irving J. Selikoff and Douglas H.K. Lee, Asbestos and Disease (New York: Academic Press, 1978). The following year, Selikoff and a colleague produced an edited volume: Irving J. Selikoff and E. Cuyler Hammond, eds., Health Hazards of Asbestos Exposure (New York: New York Academy of Sciences, 1979). Also in 1979, L. Michaels and S. S. Chissick published an edited volume in Ireland: Asbestos: Vol. 1 – Properties, Applications, and Hazards (Chichester, Ireland: John Wiley & Sons, Ltd., 1979) – that probably was also distributed in the U.S. The second volume in their series did not appear until

45 Paul Brodeur, Outrageous Misconduct: The Asbestos Industry on Trial (New York: Pantheon Books, 1985), passim.; Defendant Owens‐Illinois, Inc.’s Responses to Plaintiff’s First Interrogatories and Request for Production in Dolores L. Burke v. Adience, Inc., et al., Circuit Court of Kanawha County, West Virginia, 03‐C‐9600; Interim Report Regarding the Biological Activity of Kaylo Dust to the Owens‐Illinois Glass Company, Toledo, Ohio, by The Saranac Laboratory, Saranac Lake, New York, October 30, 1948; Final Report – Investigation Concerning the Capacity of Inhaled Kaylo Dust to Injure the Lung to the Owens‐Corning Class Company by The Saranac Laboratory, January 30, 1952; Barry I. Castleman, Asbestos: Medical and Legal Aspects (Frederick, MD: Aspen Publishers, Inc., 5th ed., 2005), pp. 258, 343, and 578.

46 Barry I. Castleman, Asbestos: Medical and Legal Aspects (Frederick, MD: Aspen Publishers, Inc., 5th ed., 2005), 666.

1986.

The first general audience book about asbestos health issues did not appear in the U.S. until 1985, but it only discussed worker exposure and litigation in the dusty trades (mining, manufacturing, and insulating), not worker or public exposure in businesses that manufactured or distributed encapsulated products.47

3.e Radio and Television Coverage of Asbestos and Health

Radio became a mass media in the 1920s, television in the 1950s. The dominant genres during early television were variety shows, dramas, situation comedies, Westerns, and sporting events. As in radio, news programming was used as filler. These were live broadcasts – of United Nations sessions, congressional committees, national political conventions, and presidential addresses. Live news broadcasts became rarer as television gained popularity in the 1950s. In spite of competition from television, newspapers remained the leading source of news.

Reacting to widespread criticism in the wake of quiz show scandals in the late 1950s, television networks became somewhat more serious about offering news coverage in the 1960s. In 1963, leading networks switched from fifteen minute to thirty minute evening newscasts. Still, research showed that most Americans paid little attention to national television news; they continued to prefer local programming, and relied much more on newspapers as their source for news. Television news coverage was brief, superficial, and uncritical.

My review of mass media archives, online indexes, and other sources turned up one television segment that discussed asbestos prior to 1970. In 1965, WBRC‐TV in Birmingham, Alabama, ran a 16‐minute program called “The 1965 Parade of Homes,” about a new local housing development. Among several “modern” features of the homes was “exterior siding that requires no painting.” As the program’s narrator explained, “The buyers of Parade homes will not soon be faced with repair and maintenance bills, either. For instance, this new siding looks and cuts like wood, but has the weather‐resistant qualities of brick. The siding is a fire‐resistant combination of wood, asbestos, and cement. The Parade will have many such advances to offer this year.”

Prior to 1970, asbestos was discussed in two public service films and one promotional film I was able to locate. In 1944, Encyclopedia Britannica Films, Inc. (in collaboration with professor Harold F. Clark of Teachers College, Columbia University) released an 11‐minute public service film called “Problems of Housing.” With its core message that “modern technology holds forth

47 Paul Brodeur, Outrageous Misconduct: The Asbestos Industry on Trial (New York: Pantheon Books, 1985).

the promise of a better day in American housing,” the film discussed the advantages of proper insulation, humidity control, lighting, and fire protection – the latter including brick or stone construction and “asbestos shingles, which are resistant to fire and can be laid over other materials.” The following decade (the exact year is unclear), the California State Fire Marshal’s office sponsored a 10‐minute film (produced by Panorama Pictures) called “More Dangerous Than Dynamite,” about the fire hazards of using gasoline at home as a cleaning product. To illustrate best fire safety practices at a dry cleaning establishment, the film showed “Asbestos blankets placed outside of each building [that] provide protection for the workers.” In a simulated explosion, a man in the film uses asbestos blankets to stomp the fire, wrap around a man, and drag him to safety.

In 1952, Jam Handy Organization, a marketing and public relations firm, produced an 18‐ minute‐long film for the Asbestos‐Cement Products Association called “According to Plan: The Story of Modern Sidewalls for the Homes of America.” Noting that asbestos cement was recognized as “attractive” and “fireproof” for roofing, the film’s narrator continued listed additional attributes of asbestos‐cement siding:

This same kind of scientific thinking was applied to the problem of sidewalls for the homes of America. In the development of a better siding material, rigid specifications were set out. It must be attractive, easy to handle, adjustable to architectural design, weather proof, and rust proof. Furthermore, it must be safe from the hazards of fire; and above all, free from constant maintenance expense. It was natural that the scientists would turn to asbestos, for this is a remarkable mineral.

In each of these films – whether network television, public service‐oriented, or commercial – asbestos was portrayed as a leading fire safety material and an attractive, versatile, low‐ maintenance, and cost‐effective “modern” building material – the same messages that overwhelmingly dominated in print mass media during the same period.

At least twice in the 1970s, Dr. Irving Selikoff appeared on the NBC’s “Today” show and discussed asbestos and other potential workplace and environmental hazards. On one of the programs (broadcast March 1976), when asked about banning suspected carcinogens, Selikoff replied: “We can do a great deal without banning…. Once we know that [a substance] can cause cancer, generally we can do a great deal about them without banning.” We might consider banning “trivial” products such as hair coloring or dyes for fruit, Selikoff continued, “but there are many valuable things in our society that we can’t really do without.”

Now, if we know that they can cause cancer, we can do something about it. We can control them. Industry has been very successful in some things, in allowing us to utilize some things which could, if uncontrolled, cause cancer, and yet if controlled, we can live

fine with them. We don’t have to ban things.

When asked specifically about asbestos, Selikoff first noted some of the health effects such as cancer and lung scarring. One of the moderators then asked Dr. Selikoff if asbestos “is being controlled now in the manner in which you were talking about?” Selikoff’s reply:

I’ve spoken to workers at the largest asbestos factory in the country, for example, in Manville, New Jersey, and they tell me that in the last five years there’s been tremendous improvement. Also, the government has been much more stringent in its regulations, the Department of Labor. The unions are much more alert now and warning the workers. And industry itself is warning itself. And much, much is being done.

When asked about family members of asbestos factory workers being exposed, Selikoff explained the hazard of clothing‐borne fibers, then stated that workers are now required to change their clothes before returning how, which will “protect the wives and children.”48

In accord with his other writings and public pronouncements, Dr. Selikoff never suggested that encapsulated asbestos might pose a hazard to workers or any other members of the American public. His focus remained on asbestos factory workers, insulators, and others in dusty environments with heavy exposures.

In the late 1970s, the Occupational Safety and Health Administration commissioned a short film (narrated by actor and oral historian Studs Terkel) about the safe handling of asbestos in the workplace. My research did not reveal when or where this film was shown or distributed and/or who saw it in the 1970s. “Asbestos Alert: Strategies for Safety and Health” focused on four occupations: shipyard repair work, power plant maintenance, new construction, and building maintenance, and the film itself was clearly intended for workers in the dustiest occupations. According to the film, jobs that created “large amounts of dust” should be contained with enclosed cutting blades with vacuum attachments, plastic sheeting, and other safety measures. “Millions of workers are just learning today” about the potential hazards of

48 A digital video of the NBC “Today” Show appearance quoted here is in the author’s possession. The other “Today” Show appearance by Dr. Selikoff is cataloged at http://www.nbcuniversalarchives.com/nbcuni/clip/5112796777_s01.do [accessioned Oct. 24, 2013] According to the online program summary, in this second interview Dr. Selikoff again recommended controlling rather than banning cancer‐causing substances, and noted that factory conditions had improved greatly.

asbestos work, Terkel noted in his narration.49

In another film produced for OSHA, in 1980, “Can’t Take No More” (also narrated by Terkel), the workplace “fumes, dusts, and poisonous gases” that receive primary attention are silica and DES (diethylstilbestro, a synthetic nonsteroidal estrogen); asbestos is not mentioned in the film.

In spite of the rising tide of media coverage about possible asbestos health effects after 1969, a variety of engineering experts and government agencies continued to specify or recommend asbestos in some applications. For example, the building codes published by the National Bureau of Standards in 1976 show that Boston, Denver, and San Francisco specified asbestos cement roofing shingles; Detroit, Jacksonville, Memphis, and St. Louis specified asbestos cement pressure pipe and (along with New York) asbestos cement non‐pressure sewer pipe; New York specified asbestos‐cement perforated underground drain pipe; and Houston, San Antonio, San Diego, San Jose, Dallas, Indianapolis, Kansas City, MO, and Seattle specified asbestos cement shingles.50 Meanwhile, engineers continued to explore new applications for asbestos, including new engineered materials such as asbestos‐plastics composites.51

49 “Asbestos Alert: Strategies for Safety and Health,” A Public Media Center Film produced by Richter McBride Productions, Inc.; Executive Producer Herbert Chao Gunther, copy viewed at the George Meany Archives library, Silver Spring, MD. Neither this archival copy of the film nor the director’s website give a specific year for the film, but the latter says it was “completed in the closing days of the Carter White House,” that is, the late 1970s. http://richtervideos.com/ AsbestosAlert/

50 U.S. Department of Commerce, National Bureau of Standards, Standards Referenced in Selected Building Codes [NBSIR 76‐1140 (Oct. 1976). See also Underwriters Laboratories, Building Materials Directory (Jan. 1980); Building Officials and Code Administrators International, Inc., The BOCA Basic Energy Conservation Code/1981 (Homewood, IL, 1981), 47, 48, 50, 68. In 1984, asbestos was still used in more than 2,000 applications, including (in the U.S.) several rocket and missile systems; 1.6 million metric tons were produced in North America. U.S. Department of Interior, Bureau of Mines Bulletin 675, “Asbestos,” by R. A. Clifton (1985). In 1986, asbestos gloves were still specified for New York City firefighters. New York State, Office of Fire Prevention and Control, Fire Reporting System, “Fire in New York 1986” (1986), p. 74.

51 See Materials Engineering, “New Colloidal Asbestos Improves Thermoplastics” (Aug. 1974): 32; Product Engineering, “Reinforcement Systems Wide Plastics Usefulness” (Sept. 1974): 44; Materials Engineering, “Primer on Organic and Inorganic Natural Fibers” (July 1978), 31‐33.

General conclusions

1) Medical research about potential hazards from asbestos developed slowly over time and was always associated with specific kinds of exposure and specific diseases. Before the 1960s, medical and scientific researchers focused on manufacturing, mining, and milling settings where workers might be exposed to large quantities of raw asbestos. In 1964, Dr. Irving Selikoff published the first epidemiological study indicating that a group of end‐users (asbestos insulation workers) were at risk, but it took many more years before that finding became widely known.

2) Asbestos was considered on balance a useful product in the U.S. through the 1970s. My analysis of leading newspapers and business and scientific/technical trade journals regularly read by millions of Americans, including engineers, managers, and workers (as opposed to a discrete group of physicians) documents that asbestos was overwhelmingly presented or discussed in positive terms until the 1970s.

3) Medical research about asbestos was not distributed to the broad American public. Sound research cannot rely exclusively on medical literature without attempting to determine what was published in newspapers or leading science, technology, and business journals in the twentieth century. My review of approximately 82,000 items in those publications shows that prior to the 1970s virtually none of the medical research on asbestos health and industrial hygiene reached the general public, engineers, or business managers.

4) Asbestos was used in many different ways that cannot be fairly blended into a single reference. It is inaccurate to conflate asbestos manufacturers and insulators – what I have called dusty trades – with every manufacturer, distributor and user of a wide variety of asbestos‐containing products. Before the 1970s, medical researchers focused on prolonged asbestos exposures in the dusty trades. They did not consider manufacturers of encapsulated products, ordinary homeowners, urban dwellers, those who shared households with asbestos workers, or other groups that only later would come under investigation as being at risk from their use of or exposure to asbestos.

I reserve the right to modify the opinions stated in this report as new information becomes available. ~~~

D. Sicilia testimony record for the previous four years

Nov. 21, 2014; expert deposition. Douthey v. A.W. Chesterton, et al. [including Eaton Corp.], Washington Superior Court, King Co., 14‐2‐11920‐8 SEA.

Dec. 2, 2014; expert deposition. McCrossin v. A.W. Chesterton, et al. [including Fraser’s Boiler Service, Inc.],U.S. District Court, Western District of Washington, 3:14‐cv‐05382‐RJB.

April 21, 2015; expert deposition. Hassebrock v. Air & Liquid Systems, et al., [including Fraser’s Boiler Service, Inc.], Washington Superior Court, King Co., 14‐2‐29718‐1 SEA.

December 16, 2015; expert deposition. Saldana v. Bayer Cropscience, Inc., et al. [including Saint‐Gobain Abrasives, Inc.], Circuit Court of the 11th Judicial Circuit, Miami‐Dade County, Florida, 15‐3143 CA 42.

January 14, 2016; expert deposition; continued February 24, 2016. Krumwiede and Kruwiede v. Tremco, Inc. et al. [including Crane Co.]; and Sunderland v. Pneumo Abex LLC, et al. [including Crane Co.], State of Illinois, Circuit Court of the 11th Judicial Circuit, County of McLean, 13‐L‐79 and 12‐L‐107, respectively.

February 4, 2016; expert deposition. Charles L. Arbogast v. A.W. Chesterton Co., et al. [include Crane Co.], Baltimore [MD] City Circuit Court, 24x14000546.

February 24, 2016; expert deposition. David Jones and Janet Jones v. Bechtel Corp., et al. [including Crane Co.], State of Illinois, Eleventh Circuit Court, County of McLean, 14‐L‐19.

March 1, 2016; expert deposition. Lynda Berry v. Anco Insulations, Inc., et al. [including Crane Co.], Fourth Judicial District Court for the Parish of Ouachita, State of Louisiana, 15‐2441, Division “C.”

March 24, 2016; expert deposition. Herman Leischner and Bonnie Leischner v. Aerco International, Inc., et al. [including Crane Co.], State of Illinois, Circuit Court of the 11th Judicial Circuit, County of McLean, 15 L 53.

April 7, 2016; expert deposition. Richard Stevens and Kimiko Stevens v. 3M Company, et al. [including Crane Co.], Superior Court of the State of California, County of Los Angeles – Civil Central West, 4674, LASC Case No. BC530080.

April 26, 2016; expert deposition. Marge Simmons v. Pneumo Abex LLC, et al. [including Crane Co.], State of Illinois, Circuit Court of the Eleventh Judicial District, County of McLean, 13 L 83.

April 27, 2016; expert deposition. Donald A. Mueller v. E.I. DuPont de Nemours and Company, et al. [including Crane Co.], Civic District Court for the Parish of Orleans, State of Louisiana, Section 16, Division “E,” 2015‐10051.

May 26, 2016; expert deposition. Don Mazur and Antoinette Mazur v. A. W. Chesterton, Inc., et al. [including Crane Co.], Circuit Court of Cook County, IL, 15‐L‐002639.

June 22, 2016; expert deposition. Hans Baukholt and Mary Baukholt v. 3M Company et al. [including A.O. Smith], Superior Court of the State of California, County of Los Angeles, BC5990352.

June 23, 2016; expert deposition. Thomas R. Gatten and Thelma Irene Gatten v. A.O. Smith Corporation [including Crane Co.], Circuit Court of the 13th Judicial Circuit, Hillsborough County, Florida, 14‐CA‐11788.

July 15, 2016; expert deposition. Ken Louie and Gayle Louie v. 3M Company et al. [including Crane Co.], Superior Court of the State of California, County of Los Angeles, JCCP Case No. 4674; LASC Case No. BC604492.

July 20, 2016; expert deposition. Richard Batchelor and Regina M. Batchelor v. American Optical Corporation, et al. [including Crane Co.], Circuit Court of the 11th Judicial District, Miami‐ Dade County, FL, Asbestos Division, 16‐000012 CA 01 (20).

July 28, 2016; expert deposition. Thomas H. Hayden and Jacqueline S. Hayden v. 3M Company, et al. [including Crane Co.], Civil District Court for the Parish of Orleans, State of Louisiana, Section 16, Division “E”, 2015‐3732.

August 1, 2016; expert deposition. William C. Bell v. Foster Wheeler et al. [including Aurora Pump Co. and Crane Co.], Civil District Court for the Parish of Orleans, State of Louisiana, 2015‐ 10353, Division “E,” Section “16.”

August 31, 2016; expert deposition. Freda Johnston Smith v. Honeywell International, et al. [including Crane Co.], Civil District Court for the Parish of Orleans, State of Louisiana, No. 2015‐ 8042, Section 13, Division “M.”

September 1, 2016; expert deposition. Henry C. Snyder and Lynn Snyder v. Air & Liquid Systems Corporation, et al. [including Crane Co.], Supreme Court of the State of New York, County of New York, 190289/2015.

September 16, 2016; expert deposition. Frederic Z. Hensley and Dianne R. Hensley v. 3M Company, et al. [including Crane Co.], U.S. District Court for the District of South Carolina, Charleston Division, 2:15‐cv‐02087‐DCN.

November 4, 2016; expert deposition. Gene Morein v. Cleco Corporation, et al. [including Crane Co.], Civil District Court for the Parish of Evangeline, State of Louisiana, Division “A.” No. 76125.

November 29, 2016; expert deposition. Clifford Barry v. 4520 Corp., Inc., et al. [including Crane Co.], Circuit Court, Third Judicial Circuit, Madison County, Illinois, 13‐L‐1278.

December 1, 2016; expert deposition. Marlena F. Robaey and Edward Robaey v. Air & Liquid Systems Corporation, et al. [including Crane Co.], Supreme Court of the State of New York, All Counties Within New York City, 190276/2013.

January 9, 2017; trial testimony. Marlena F. Robaey and Edward Robaey v. Air & Liquid Systems Corporation, et al. [including Crane Co.], Supreme Court of the State of New York, All Counties Within New York City, 190276/2013.

January 23, 2017; expert deposition. Darrell James Neveaux v. Certainteed Corporation, et al. [including Crane Co.], 15th Judicial District Court, Parish of Vermillion, State of Louisiana, C— 93732.

January 24, 2017; expert deposition. John E. Smith v. ABB, Inc., et al. [including Crane Co.], Circuit Court of the First Judicial Circuit in and for Escambia County, Florida, 2015 CA 000812.

March 20, 2017; expert deposition. Claude Downs v. A.O. Smith Corporation, et al. [including Crane Co.], Circuit Court of Union County, Arkansas, Civil Divisions, CV‐2013‐01444.

March 21, 2017; expert deposition. Bobby Len Davis and Becky Davis v. Air & Liquid Systems Corporation, et al. [including Crane Co.], U.S. District Court for the District of Arizona, CV14‐ 02288‐TUC‐RCC (CRP).

April 4, 2017; expert deposition. Ronald Kenneth Carroll v. ABB, Inc., et al. [including Crane Co.], United States District Court, Western District of Wisconsin, Madison Division, 15‐CV‐373.

April 5, 2017; expert deposition. Wayne Ervin Howe v. Air & Liquid Systems Corporation, et al. [including Crane Co.], Court of Common Pleas, State of South Carolina, County of New York, 2015‐CP‐46‐3456; Beverly Dale Jolly v. General Electric Company, et al. [including Crane Co.], Court of Common Pleas for the Seventh Judicial Circuit, State of South Carolina, County of Spartanburg, 2016‐CP‐42‐1592; David Lamar Taylor and Deborah Williford Taylor v. 3M Company et al. [including Crane Co.], Court of Common Pleas for the Seventh Judicial Circuit, 2016‐CP‐40‐06351.

April 13, 2017; expert deposition. Arlin Anderson v. Air & Liquid Systems Corporation, et al. [including Crane Co.], Superior Court of the State of California, Los Angeles County, JCCP 4674/BC635249.

May 12, 2017; expert deposition. Aubrey Baber, et al., v. ACandS, Inc., et al. [including Campbell‐McCormick, Inc.], Baltimore City (Maryland) Circuit Court, 24X16000355.

June 16 and 19, 2017; trial testimony. Geoffrey Anisansel v. Asbestos Defendants [including Crane Co.], Supreme Court of the State of New York, County of New York, 190250/13 and 190253/13.

June 26, 2017; trial testimony. Aubrey Baber, et al., v. ACandS, Inc., et al. [including Campbell‐ McCormick, Inc.], Baltimore City (Maryland) Circuit Court, 24X16000355.

June 28, 2017; expert deposition. Jacob Burg Adams v. A.W. Chesterton Co., et al., Civil District Court for the Parish of Orleans, State of Louisiana, Div. J, Section 5, 2016‐02376.

July 6, 2017; expert deposition. Brent J. Menard v. SPX Cooling Technologies, Inc., et al. [including Crane Co., A.O. Smith Corp., and Aurora Pump Company], 19th Judicial District Court for the Parish of East Baton Rouge, State of Louisana, Section 23, 649687.

July 21, 2017; expert deposition. Thurman Smith and Patricia Smith v. Asco Valve, Inc., et al. [including Crane Co.], 11th Judicial Circuit Court, Miami‐Dade County, Florida, 10‐18740‐CA 42.

August 22, 2017; expert deposition. Harold Fordham v. A.W. Chesterton, Inc., et al. [including Crane Co.], Circuit Court of Cook County, Illinois, 16 L 009281.

September 12, 2017; expert deposition. Gerald Pelto v. 3M Company, et al., [including Simpson Timber Co.], Superior Court of the State of California, County of Los Angeles, BC653313.

September 26, 2017; expert deposition. Ronald Seals v. Air & Liquid Systems Corp., et al. [including Aurora Pump Co.], Superior Court of the State of California, County of Alameda, RG17854523.

November 21, 2017; expert deposition. Weir Williams v. AKZO Nobel, Inc., et al. [including Cummins Inc.], Superior Court for the State of Rhode Island, County of Providence, PC 2014‐ 4686.

January 4, 2018; expert deposition. Rachel N. McCrary v. CenturyLink, Inc., et al. [including Pacific Northwest Bell], Superior Court of Washington for King County, 16‐2‐14860‐3 SEA.

January 23, 2018; expert deposition. Herbert H. Mullinex, Jr., and Patricia E. Mullinex v. Air & Liquid Systems Corporation, et al. [including John Crane, Inc.], Circuit Court for the City of Newport News, Virginia, CLI1603266T‐01.

February 13, 2018; expert deposition. Gordon Rorick v. 3M Company, et al. [including Cummins Inc.], Superior Court of the State of California, County of Los Angeles, JCCP case 4674; LASC case BC543128.

February 15, 2018; expert deposition. Willie Everett and Flora Everett v. Air & Liquid Systems Corporation, et al. [including Crane Co.], U.S. District Court, Eastern District of Missouri, 4:17‐CV‐ 230‐SPM.

February 23, 2018; expert deposition. Wayne Ervin Howe v. Air & Liquid Systems Corporation, et al. [including Aurora Pump Co.], Court of Common Pleas, State of South Carolina, County of York, 2015‐CP‐46‐3456.

February 26, 2018; expert deposition. Roy Standridge v. Alfa Laval, Inc., et al. [including Crane Co.], U. S. District Court, Northern District of California, 3:17‐cv‐03183‐JD.

April 12, 2018; trial testimony. Daniel N. Barber v. A. O. Smith Corporation, et al. [including Holland Furnace Company], Supreme Court of the State of New York, County of New York, 190112/2016.

May 10, 2018; expert deposition. Glen Davis v. Homasote Company, et al. [including Tremco Incorporated], State of Illinois, Circuit Court of the Eleventh Judicial Circuit, County of McLean, 15 L 172.

September 28, 2918; expert deposition. Stanley Boren v. General Electric Company, et al. [including AECOM Energy & Construction f/k/a URS Energy & Construction f/k/a Washington Group International], Superior Court of California, County of San Francisco, CGC‐17‐276642.

October 19, 2018; expert deposition. Houshang Sabetian v. Air & Liquid Systems Corporation, et al. [including Aurora Pump Company], Superior Court of the State of California, County of Los Angeles, JCCP 4674/BC699945.

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U.S. Environmental Protection Agency, 40 CFR Part 763, Federal Register, Vol. 58, No. 213, November 5, 1993. Asbestos, Manufacture, Importation, Processing and Distribution Prohibitions.

U.S. Navy Department, specifications relating to packing and gaskets, various years.

U.S. Navy Department, Minimum Requirements for Safety and Industrial Health in Contract Shipyards, 1943.

U.S. Federal Register, Title 29, Part 1910, Occupational Safety and Health Standards (May 29, 1971).

U.S. Navy and United States Maritime Commission, "Minimum Requirements for Safety and Industrial Hygiene in Contract Shipyards," 1943.

United States Department of Labor, OSHA ‐ 29 CFR Part 1910, Federal Register, Vol. 36, No. 234, December 7, 1971. Emergency Standard for Exposure to Asbestos Dust.

U.S. Occupational Safety and Health Act, 1970 29 USC 655.

U.S. Occupational Safety and Health Administration, 29 CFR Part 1910, Federal Register, Vol. 37, No. 110, June 7, 1972. Standard for Exposure to Asbestos Dust.

U.S. Occupational Safety and Health Administration, 29 CFR Parts 1910 and 1926, Federal Register, Vol. 51, No. 119, June 20, 1986. Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite; Final Rules.

U.S. Occupational Safety and Health Administration, 29 CFR Parts 1910, 1915, and 1926, Federal Register, Vol. 59, No. 153, August 10, 1994. Occupational Exposure to Asbestos; Final Rule.

U.S. Occupational Safety and Health Administration, 29 CFR Part 1910, 1919, and 1926, Federal Register, Vol. 60, No. 125, June 29, 1995. Occupational Exposure to Asbestos; Corrections; Final Rule.

Vorwald, A. J., et al., “Experimental Studies of Asbestosis,” A.M.A. Archives of Industrial Hygiene and Occupational Medicine 3 (1951): 1‐43.

Vorwald, A. J., and Karr, J. W., “Pneumoconiosis and Pulmonary Carcinoma,” American Journal of Pathology 14 (1938): 49‐58.

Wagner, J. C., et al, “Diffuse Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province” 17:260 British Journal of Industrial Medicine (1960): 260‐71.

Wilson, Adrian, and Trevor Ashplant, “Present‐Centered History and the Problem of Historical Knowledge,” Historical Journal 31 (1988): 253‐74.

Willson, Frederick, “Dust in Industry: Shop Methods and Equipment Effective and Controlling Dust Hazards,” Mechanical Engineering [American Society of Mechanical Engineers] 55:2 (February 1933): 80‐2.

Working Group on Asbestos and Cancer, Report, Archives of Environmental Health (Aug. 1965): 221‐9.

Court Documents

Borel v. Fibreboard Paper Products, et al., (1973) U.S. Circuit Court of Appeals for the 5th District, 493 Fed. 1076.

Castleman, Barry I., expert report in Gioglio v. 3M et al., MID‐L‐4593‐12AS, transmitted Oct. 10, 2013.

Dyson, William L., expert report “State‐of‐the‐Art Knowledge: Asbestos Exposure in Petrochemcial Plants,” Feb. 7, 2003.

Egilman, David, affidavit, Jan. 2, 2002.

Frank, Arthur M., affidavit, December 10, 2013.

Johnson, William M., State of the Art Report, Take Home Exposures to Asbestos, Sept. 14, 2009.

Markowitz, Gerald, and David Rosner, expert report, Nov. 9, 2011.

Markowitz, Gerald, and David Rosner, “Appendix C: Chronological List of Some Relevant Articles,” revised Sept. 13, 2013, and Sept. 30, 2014.