UCC told Customers Calidria was safe' How

1
UCC told Customers Calidria was safe. How?

• Short fiber (Calidria) is harmless
• Other fiber types were dangerous
• Only heavy exposures associated with disease
• No UCC employees got sick

2
A. Short Fiber is harmless
From Mr. FS Wada to Dr. AL Zecha
1. UCC139_Cull\UCC_19_Cull\RespHarmlessKey
UCC008541-008545.pdf
UCC008541
3
B. Other fibers dangerous
"In almost all cases where there is a strong
statistical relationship between mesothelioma and
the inhalation of asbestos, crocidolite and/or
amosite have been involved. Where asbestos
exposure has been limited to chrysotile (RG-244
is chrysotile) there is strong evidence that no
excess mesotheliomas will occur."
Safe Use of Calidria RG-244 Feb. 1973.
../safe use of calidria-fusaro A05800-05.pdf
4
B. Other fibers dangerous
"A different type, known as crocidolite, is
believed by many authorities to be implicated in
causing mesothelioma and lung cancer...A
connection between chrysotile asbestos and
mesothelioma or lung cancer has not been clearly
determined."
To Customer Frank Tobin Steadfast Rubber Co. from
J.A Riddle, Plant Manager, UCC. 5/9/69.
\KnowAsbToxicKeyUCC015631-015640.pdf
5
C. Only Heavy Exposures associated with disease
"It is accepted that asbestos, like many other
foreign bodies, can cause disabling lung damage
which for asbestos, is commonly referred to as
asbestosis. It is important to note, however,
that asbestosis and statistical excess
occurrences of bronchogenic carcinoma (lung
cancer), the two most common asbestos-related
diseases, have occurred only in workers with
long-term exposures to massive concentrations of
asbestos dust."
Myers safe use of Calidria 1973
safe use of calidria-fusaro A05800-05.pdf
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D. No UCC employees got sick
One thing that I failed to note during our
meeting was that we have never had any indication
that any of our employees, some with over 15
years experience, has suffered any adverse health
effects related to asbestos exposure."
UCC to customer 10/17/84
1. UCC139_Cull\UCC_19_Cull\RespHarmlessKey
UCC008541-008545.pdf
7
Did UCC know that this information was wrong? Yes.

• Calidria is not short
• Short fiber/Calidria not harmless
• TLV did not protect workers
• UCC employees got sick

8
A. Calidria is not short
1982 Deposition of John Myers
"We normally consider our fiber average is 5
microns in length. The range could be zero to 20
or 30 microns...These sic doesn't mean that
there aren't bundles in there or fibriles that
would be longer than that or bigger around."
..\1982 MYERSJ_040982 (3).pdf
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A. Calidria is not short
Pinkertons 1982 PhD thesis found that 48 of
aerosolized Calidria fibers were longer than 5
microns, compared to 25 of Canadian (Jeffrey)
and UICC B chrysotile. Comparatively, Calidria
also had a greater percentage of fibers greater
than 10 µm in length At least 92 of the
combined fibers and fiber clusters in the Jeffrey
and UICC B aerosols were less than 10µm in
length, but only 66 of the combined fibers and
fiber clusters in the Coalinga chrysotile aerosol
were less than 10µm.
Pinkerton K. Lung Reaction to Inhalation of Three
Types of Chrysotile Asbestos During the Lifespan
of the Fischer 344 Rat. PhD thesis Duke
University,1982.
10
B. Short Fiber not harmless
"The results of intraperitoneal administration
indicate that the asbestos products studied
produced fibrotic lesions of the visceral organs
in rats and guinea pigs regardless of fiber
length."
Mellon Institute Special ReportThe Fibrogenic
Potential of Asbestos Products July 1966 Not
Published
..\(13) Mellon Insitute 1966.pdf
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B. Short Fiber not harmless
1967 Ucc
Injected chrysotile does cause cancer in rats
Information Not published
.KnowAsbToxicKeyUCC015631-015640.pdf
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B. Calidria not harmless
Mellon Institute Special ReportThe Fibrogenic
Potential of Asbestos Products July 1966 Not
Published
The results . . . indicate that the asbestos
products studied produced fibrotic lesions of
the visceral organs . . . regard- less of fiber
length. Of the 3 products, CMS-100 produces the
most severe reaction.
UCC016118
2.UCC_4055_Cull\IHF_1966_UCC016118-016129.pdf
13
B. Calidria not harmless
The results of this test showed Calidria
Asbestos to be slightly more fibrogenic than long
fibre asbestos
From C.U Dernehl Associate Medical Director.
Toxicity of Calidria Asbestos. March 1970.
2.UCC_4055_Cull\IHF_1966_UCC016118-016129.pdf
14
C. TLV did not protect workers
1967
It is probable that the 5 million particles per
cubic foot will not be acceptable for the
prevention of mesothelioma. I have no idea what
concentration might be effective in preventing
this disease and I would wonder whether even a
limit of 1 million particles per cubic foot would
be effective in this regard."
From C.U Dernehl (UCC Associate Medical Director)
to TJ Hall. June 7, 1967.
../KnowAsbToxicKeyUCC015631-015640.pdf
15
D. UCC employees got sick
Original Death Certificate-January 3,1991
"Other significant conditions contributing to
death...Asbestosis"
2.UCC_4055_Cull\WhitlockMyers.pdf
UCASB07008157
16
D. UCC employees got sick
J.L. Myers to Alan Gerson concerning death
certificate of UCC employee Whitlock
Jan. 7, 1991
Have our physician review PRW medical records
and find out why asbestosis was listed as cause
on informal basis. Get copy of Death Cert. from
funeral parlor or from County to find out from
physician why he listed asbestos.
2.UCC_4055_Cull\WhitlockMyers.pdf
UCASB07008156
17
D. UCC employees got sick
J.L. Myers to Alan Gerson concerning death
certificate of UCC employee Whitlock
Jan. 7, 1991
Don't have our Dr. contact Dr. Oyer unless he
knows him or is comfortable in questioning the
diagnosis of asbestos.
2.UCC_4055_Cull\WhitlockMyers.pdf
UCASB07008154
18
D. UCC employees got sick
J.L. Myers to Dr. Kumer concerning death
certificate of UCC worker Whitlock
May 31, 1991
Per our telecon this date, please review the
attached autopsy report on Paul Whitlock and call
me with your comments....specifically I want to
know if asbestosis has been completely exonerated
as a problem.
2.UCC_4055_Cull\WhitlockMyers.pdf
UCASB07008158
19
D. UCC employees got sick
J.L. Myers to Alan Gerson concerning death
certificate of UCC employee Whitlock
June 3, 1991
Enclosed is a copy of the final autopsy report
for Paul Whitlock. I am sure you will be as
pleased as I am to note that asbestosis was not
involved in his death, nor is there even any
mention of it.
2.UCC_4055_Cull\WhitlockMyers.pdf
UCASB07008157
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D. UCC employees got sick
June 1991 New Death Certificate issued
"Other significant conditions contributing to
death...Pulmonary Fibrosis"
2.UCC_4055_Cull\WhitlockMyers.pdf
UCASB07008157
21
Why did UCC give customers the wrong information
regarding Calidria? They had a toxicology problem
to sell
22
Toxicology was a problem
1966
Out of context reporting leads to erroneous
conclusions, and this is no exception.
Nevertheless, we should reckon that such a
commentary will recur, and all of us should use
the tool we now have at our disposal to make
certain our customers are acquainted with the
facts 1. You have copies of Dr. Dernehls
asbestos toxicology report additional copies
are enclosed. Use these, and call particular
attention to Dr. Dernehls statements in regard
to Threshold Limit Value for asbestos.
Memorandum to T Dougherty, RA Miller, RW
Stoubaeus, BK Barton, TR van Fleet, NJ Setter, RT
Larkin March 24,1966 Subj Asbestos-Toxicology
1966 use dernehl to combat tox issuesUCC023211-023
217.pdf
UCC023216
23
Toxicology was a problem
1965
"In order to counteract and serious problems or
worries before they get out of hand, we have
asked Dr. C.U. Dernehl, Director of Toxicology,
Union Carbide Corporation, to formulate a
statement for us."
From C.U Dernehl (UCC Associate Medical Director)
to TJ Hall. June 7, 1967.
..\1965 Abs tox report use dernehlUCC020782-020807
.pdf
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Toxicology was a problem
1973
"The general press has had a field day. Talk
about irresponsible reporting!...Hysterical
publicity never solved a problem. The answer
lies in cold objectivity in gathering and
analyzing sufficient data to control the
problem...Don't let's throw the baby out with the
bath water."
..\familiar aroma of panic.pdf
25
Toxicology was a problem
Speech by Mathew Swetonic to the Asbestos Textile
Institute June 7, 1973
And now, having heard the bad side of the public
relations problem, it's time for the good news.
And the good news is. despite all the negative
articles on asbestos-health that have appeared in
the press over the past half-dozen years, very
few people have been paying attention."
../6_7_73_speech_by_Swetonic.pdf
26
Toxicology was a problem
Asked what the 1968 warning meant to
him "...just though it was that breathing dust
in general was harmful...something similar would
be a farmer plowing a field in dry weather."
1982 Myers Deposition
..\1982 MYERSJ_040982 (3).pdf
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Did UCC advise employees on how to communicate
important safety information to customers? Yes.
28
UCC Customer Communication
1972
The following is suggested as a basic format for
handling inquiries from customers concerning the
new OSHA regulations. 1.) Set the
mood--Controlling the conversation is paramount.
Assure the customer that the new law is
reasonable and within the limits of
practicality...Point out the vast numbers of
customers successfully using asbestos without
problem.
Memorandum, From BL Ingalls, to R.E. Byrne, G.L.
Dickson, E.J. Klober, J.L. Myers, T.P. Morris,
H.B. Rhodes, June 22, 1972
..\Rabies.pdf
UCC013847
29
UCC Customer Communication
1972
The main objective is to keep the customer on
the defensive, make him justify HIS
positionAlternating between an aggressive and
submissive attitude is confusing and allows you
to bide your time. Refuse to argue, be humble
and when they are sufficiently calm, sometimes
even embarrassed, make your point forcefully.
Don't cover too much ground in one confrontation.
Even rabies shots are spaced at moderate
intervals.
If the customer is persistent and threatens to
eliminate asbestos a certain amount of
aggressiveness may be effective. Words and catch
phrases such as premature, irrational, or
avoiding the inevitable will sometimes turn the
table.
Memorandum, From BL Ingalls, to R.E. Byrne, G.L.
Dickson, E.J. Klober, J.L. Myers, T.P. Morris,
H.B. Rhodes, June 22, 1972
..\Rabies.pdf
UCC013847
30
Who believed UCC?
31
Castor Oil Believed UCC
1972
We are responding to your concern about the
presence of asbestos in Thixseal A and possible
health hazards. The asbestos we use is a unique
type available from just one mine in California.
It is produced and processed by the Union Carbide
Corporation. The have run extensive medical
tests on this asbestos (Calidria RG-144) and we
have their assurance it is non-carcinogenic.
M.K. Smith, Castor Oil Company to J. Gallagher,
DuPont Company
..\castor_oil carcinogenic.pdf
32
Dow Believed UCC
1974
Letter written by Dow, Re Safety of UCCs
Calidria product

• "Of the four, three are proven bad actors whereas
  the fourth (which they claim is the Calidria
  type) is much more innocuous...Union Carbide
  claims they have sufficient toxicological data
  that places Calidria in the nuisance dust
  category and distinctly separates it from
  emotional generalizations associated with generic
  asbestos."

2.UCC_4055_Cull\letter to dow on safety of
calidria.pdf
A08658
33
Cargill Believed UCC
"With regard to the Toxicity of asbestos, it is
important to note that asbestosis and
statistical excess occurrences of bronchogenic
carcinoma have been recorded only in connection
with massive long term exposures to asbestos
dust... The risk of long term massive exposure
is not typical of operations utilizing RG-244."
To Cargill from Rawlings (VP of UCC metals
Division). March 30, 1972.
..\misleading cargill.pdf
UCC008541
34
Dupont Believed UCC
July 13, 1972. E.E. Swain (Dupont) to R.J.
Hubiak, Haskell Lab.
"We are puzzled by Castor Oils claim that
Calidria RG-144 is non-carcinogenic. Have you
ever heard of an asbestos that was
non-carcinogenic?
..\dupont_duped.pdf
35
GE Believed UCC
Metals Division Customer Call Report regarding
General Electric. 11/13/75.
UCCs big problem here is going to be getting
GEs medical department to go along with the
use of asbestos. They feel that any fiber
concentration above 0.1 fibers/cc means that they
have to administer medical exams, a step they are
not willing to take. We can only hope that
technical and production will put enormous
pressure on the medical department to get them to
relent."
..\GE Dupe.pdf
36
Tomoe Believed UCC
From Tomoe Engineering Company to JL. Myers
regarding the slipping sales of Calidria
Customers of UCC pass on misinformation
"We are trying to eliminate users misgivings
about asbestos dust effect by various means, such
as distribution of the data you have provided and
offer of dust measurements etc."
37
Kelly Moore Believed UCC

• Kelly Moore relied on the TLV
• Kelly Moore relied on UCC sampling
  information
• Kelly Moore relied on UCC information on the
  ban of joint compounds with asbestos
• Kelly Moore relied on UCC toxicology
• Kelly Moore relied on Dow and UCC
  marketing information

UCC008541
38
Why did UCC not tell the truth about their
product?
39
Calculating Liability
When does UCC think it should NOT sell asbestos?
Internal Correspondence, from HB Rhodes to WC
Thurber
1. UCC139_Cull\UCC_37_Cull\LabelNoCancerUCC014127
-014129.pdf
UCC014129
40
Calculating Liability
1963 1977 Expect 2 3 settlements per year
at 60,000 each.
Recommended Strategy Constant capacity Highest
earnings quality Limited capital investment Low
Risk (potential third party liability largely
related to pre-77 exposure)
Post 1977 Assume claims drop to 40,000 per
year total.
Analysis on Liability and UCC Exposure
1. UCC139_Cull\UCC_18_Cull\RespMoneyLivesKeyUCC00
8114-008150.pdf
41
Calculating Liability
UCC knew customers would get nailed in future
liability suits.
"It seems to our consultant that somewhere down
the road both Union Carbide and our customers
will get nailed for failure to fully inform
prospective users, that even though the law does
not require such labeling, the fact that we know
it is a Human Carcinogen and failed to advise
customers, could weigh heavily against us in any
litigation."
2.UCC_4055_Cull/UCC knew customers would get
nailed.pdf
UCC025533
42
Calculating Liability
Slip it by the customers
It may be possible to slip this sort of assumed
liability by on a certain percentage of
customers who do not read their order
acknowledgements.
..\2.UCC_4055_Cull\slip contract info by
customers.pdf
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Money
W.C. Thurber to J.W. Rawlings
We have been very successful in the last two
years in increasing our share of the market for
redi-mix variety of tape joint compounds.
However this area is under increasing pressure
from the likes of Dr. Selikoff primarily because
of the dust generated during sanding of tape
joints. If the occupational health question can
be managed, we should enjoy increased sales in
this group.
..\manage health good sales_1974_TJCUCC000049-0000
51.pdf
UCC000049
44
UCC Still thought it was OK to rely on the vendor
45
Response to Knowledge 2003
J.L Myers The vendor provided sodium silicate.
We didn't invent sodium silicate or produce
sodium silicate. Mr. Egdorf So it's okay
to rely on the vendor? J.L. Myers I think so,
yes. - Myers Deposition 7/29/03 page 34
2.UCC_4055_Cull\johnmyers7.29.03.ptx