Preview
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024
Exhibit G
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024
FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021
NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA
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In Re: EIGHTH JUDICIAL DISTRICT
ASBESTOS LITIGATION
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BENEDICT VIGLIETTA and TERRI VIGLIETTA, TRIAL SUBPOEANA
AD TESTIFICANDUM
Plaintiffs,
Index No. E174717/2021
-against-
Assigned Judge:
ASBESTOS CORPORATION LIMITED, a Hon. Deborah Chimes, J.S.C.
Corporation of the Province of Quebec, et al.,
Defendants,
------------------------------------------------------------------x
HEDMAN RESOURCES LIMITED,
Third-Party Plaintiff,
-against-
MANVILLE PERSONAL INJURY TRUST,
Third-Party Defendant.
--------------------------------------------------------------------x
THE PEOPLE OF THE STATE OF NEW YORK
To: The Individual Designated by Occidental Chemical Corporation, as
Successor in Interest to Hooker Chemicals & Plastics Corp. and Durez
Plastics, a Division of Hooker Chemicals & Plastics Corp., and as its
Person-Most-Knowledgeable for the Trial in this Matter
Attention: Occidental Chemical Corporation
c/o CT Corporation System
28 Liberty Street
New York, New York 10005
WE COMMAND YOU, that all business and excuses being laid aside, the person most
knowledgeable on behalf of Occidental Chemical Corporation, as Successor in Interest to Hooker
Chemicals & Plastics Corp. (“Hooker Chemical”) and Durez Plastics, a Division of Hooker
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Chemical, and appear and attend before the Honorable Deborah Chimes, J.S.C., Supreme Court,
Niagara County, Angelo DelSignore Civic Office Building, 775 Third Street, Niagara Falls, New
York 14301 on April 12, 2022 at 9:30 o’clock in the forenoon, and at any recessed or adjourned
date, to give testimony in this action as a witness at trial with respect to the subject areas described
below. The special circumstances requiring your presence at this time and date are as follows –
plaintiff Benedict Viglietta has brought suit against a number of defendants, alleging that he
developed mesothelioma as a result of occupational exposure to asbestos while working at Hooker
Chemical’s North Tonawanda, New York facility between 1974 and 1976. Specifically, he claims
that he was present when asbestos fiber sold by Hedman and Johns-Manville Inc. was used to
manufacture various products there, and that he was present when thermal insulation was removed
and replaced on piping systems and kettles. It is believed that you have knowledge regarding
Hooker Chemical’s use of asbestos fiber in the manufacture of its products during this period, the
OSHA-related safety precautions it took to protect its employees from exposure to asbestos during
this period, and the identity of thermal insulation and kettles Mr. Viglietta claims caused his
asbestos exposure.
DEFINITIONS AND INSTRUCTIONS
1. The term “you” or “your” means Hooker Chemical unless otherwise specifically
noted.
2. The term “North Tonawanda facility” refers to the former Hooker Chemical facility
located at or about 673 Walck Road in North Tonawanda, New York 14120.
3. The term “asbestos” means fibers derived from the minerals known as amosite,
anthophyllite, chrysotile, crocidolite, and/or tremolite.
4. The term “block” means thermal insulation used on boilers, mechanical equipment,
and/or piping systems which is generally rectangular and/or segmented.
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5. The term “cement” means thermal insulation that generally comes as a mixture of
powdered material (which may include asbestos fibers) that is mixed with water and dried on the
exterior of boilers, mechanical equipment, and/or piping systems.
6. The term “pipe covering” means thermal insulation that generally comes in half-
round sections that are fitted to the exterior of piping systems.
7. The term “insulation specifications” means a series of specifications for thermal
insulation to be applied to specific portions of a boiler, including but not limited to its economizer
casing, gas duct, air heaters, air ducts, furnace walls, roof enclosure, bottom enclosure, drum heads
and shells, and piping systems (including but not limited to de-superheater, down-comer, header,
reheat, soot blower, suction manifold, and superheater piping).
8. The terms “relating to,” “concerning” and “referring to” are used herein in their
broadest sense and shall mean in any way whatsoever relating to, concerning, referring to, touching
upon, constituting, compromising, containing, setting forth, showing, disclosing, describing,
explaining, referencing, summarizing or mentioning.
9. The term “and” includes “or” and the term “or” includes “and,” and each term
should be interpreted to give each request the broadest possible meaning and coverage.
10. The word “document” is used herein in its broadest sense, and includes any original,
reproduction or copy of any kind typed, recorded, graphic, printed, written or documentary
materials, including without limitation correspondence, memoranda, interoffice communications,
notes, diaries, contracts, documents, drawings, plans, specifications, estimates, vouchers, permits,
written ordinances, minutes of meetings, invoices, billings, checks, reports, studies, telegrams,
notes of telephone conversations, computer tapes and program and notes of any and all
communications and every other means of recording any tangible things, any form of
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communication or representation, including letters, words, pictures, sounds or symbols or
combinations thereof.
11. The term “communications” mean any and all direct and/or indirect transmissions
or exchanges of information between two or more individuals and/or entities, or their respective
agents or representatives, whether or not reduced to writing, including, without limitation, any
meeting, conversation or discussion, whether face-to-face, by means of mail, telephone, telegraph,
telex, facsimiles, electronic mail, text message, WhatsApp message, or any other medium.
12. The applicable time scope of the these interrogatories is from approximately 1970
until 1976, in addition to any range of years for which Hooker Chemical is in possession of
information related to the allegations regarding plaintiff Benedict Viglietta’s exposure to asbestos
as regards this case, including but not limited to its actual or constructive knowledge of the hazards
of breathing asbestos fibers, Hooker Chemical’s asbestos monitoring program(s) in effect or
development during this period.
13. You are requested to furnish all information in your possession and all information
available to you, not merely such information as you know of your own personal knowledge, but
also all knowledge that is available to you, your employees, officers, and agents, by reason of
inquiry including inquiry of their representatives.
SUBJECT MATTER OF REQUESTED TESTIMONY
1. Hooker Chemical’s historical knowledge of the hazards or potential hazards of
asbestos, and specifically when and how the Hooker Chemical knew that asbestos
could cause asbestosis, lung cancer and/or mesothelioma.
2. All warnings Hooker Chemical gave (or did not give) to customers who purchased
products manufactured at the North Tonawanda facility.
3. The corporate history of Hooker Chemical, specifically including but not limited to
its history of designing, manufacturing, and/or selling products containing asbestos
fibers at the North Tonawanda facility, and in particular at those buildings in which
resins and moldings were manufactured.
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4. The source companies of the asbestos fibers and asbestos-containing products,
specifically including but not limited to block, cement, pipe covering, and/or kettles
used at the North Tonawanda facility, and in particular at those buildings in which
resins and moldings were manufactured.
5. Hooker Chemical’s efforts to implement regulations pertaining to employee
exposure to asbestos fibers in the workplace, more specifically in accordance with
OSHA regulations pertaining to same, and, in particular, during the years 1974
through 1976.
6. Hooker Chemical’s insulation specifications for the North Tonawanda facility, in
particular those buildings in which resins and moldings were manufactured.
7. Hooker Chemical’s correspondence with Hedman regarding warnings and/or
caution statements pertaining to asbestos fibers placed on bags of Hedmanite
delivered to the North Tonawanda facility between 1973 and 1976, specifically
including but not limited to the following:
a. June 28, 1976 letter from Hooker Chemical to Hedman regarding caution
statements placed on bags of Hedmanite. See Exhibit A.
b. July 9, 1976 letter from Hedman to Hooker Chemical showing content of
caution statements placed on bags of Hedmanite. See Exhibit B.
8. Hooker Chemical’s efforts to monitor and/or eliminate the use of asbestos fiber at
the North Tonawanda facility during the 1970’s, specifically including all actions
taken in connection with the October 24, 1975 outline of its “Asbestos Monitoring
Program,” and any similar efforts that preceded or followed it prior to 1976. See
Exhibit C.
9. Hooker Chemical’s record of purchase of asbestos fiber from Johns-Manville Inc.
for use at the North Tonawanda facility between 1973 and 1976. See Exhibit D.
10. The identity of the vessels and/or kettles used at the North Tonawanda facility
between 1973 and 1976, specifically at those buildings where resins and moldings
were manufactured (it is believed that these vessels and/or kettles were
manufactured by Pfaudler, Inc.).
11. The identity of the outside contractors who performed thermal insulation work at
the North Tonawanda facility between 1973 and 1976, specifically at those
buildings where resins and moldings were manufactured (it is believed that
McLaughlin Insulation Co., Inc. and Insulation Distributors, Inc. did this work).
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Your failure to comply with this subpoena is punishable as a contempt of court and shall
make you liable to the party on who behalf this subpoena was issued for a penalty not to exceed
fifty dollars and all damages sustained by reason of your failure to comply.
Dated: New York, New York
March 21, 2022
Yours, etc.,
CLYDE & CO US LLP
By: /s/ John J. Burbridge
John J. Burbridge
The Chrysler Building
405 Lexington Avenue, 16th Floor
New York, New York 10174
Phone: (212) 710-3900
Fax: (212) 710-3950
Email: john.burbridge@clydeco.us
Attorneys for Defendant/Third-Party Plaintiff
Hedman Resources Limited
To: Occidental Chemical Corporation
c/o CT Corporation System
28 Liberty Street
New York, New York 10005
cc: Belluck & Fox LLP (via NYSCEF)
Attorneys for Plaintiffs Benedict Viglietta and Terri Viglietta
546 5th Avenue, 5th Floor
New York, New York 10036
All Remaining Defendants (via NYSCEF)
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Exhibit A
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hooner
345 THIRD STREET, BOX 728, NIAGARA FALLS, NEW YORK 14302, PHONE (716) 278-7000
June 28, 1976
Mr. Pat Mangan, President --
Hedman Mines Ltd.
P O Box 590.
Timmins, Ontario CANADA
Dear Mr. Mangan:
As you know, OSHA standards for exposure to asbestos fibers will
be sharply reduced from 5 ppm to 2 ppm effective July 1, 1976.
The law also requires a caution label on the package printed in
letters of sufficient size and contrast as to be readily visible
and legible stating:
CAUTION
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
BREATHING ASBESTOS DUST MAY CAUSE
SERIOUS BODILY HARM
Please advise me in the exact on asbes-
writing printing appearing
tos shipments to any Hooker Chemicals & Plastics Corp. plant you
now serve. If it does not meet the above please ad-
requirement,
vise how quickly the correction can be made.
Sincerely yours,
C E Wolosin-Manager
Packaging & Labeling
1f
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Exhibit B
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NYSCEF "HEDMAN"
DOC.
CABLE: NO. 326 TELEPHONES
RECEIVED 705-264-3709
NYSCEF: & 0593
04/06/2022
HEDMAN MINES LIMITED
P.O. BOX 590
TIMMINS. ONTARIO, CANADA
P4N 7E7
July 9, 1976
Mr. C.E. Wolosin, Manager
Packaging S Labeling
Hooker Chemicals 6 Plastics Corp.
Box 728
NIAGARA FALLS, N.Y. 14302, U.S.A.
Dear Mr. Wolosin;
Referring to your form letter of June 28th,
1976, werare pleased to enclose a Xerox copy of the exact
Contents and Caution label that appears in green on each
kraft hag of Hedman Cationic Fibre shipped to each Hooker
Chemicals 6 Plastics Corp. plant.
Yours sincerely,
HEDMAN MINES LIMŠTED
President & Managing Director
J.J.Mangan/jpm
Encl.
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hooner
345 THIRD STREET, BOX 728, NIAGARA FALLS, NEW YORK 14302, PHONE (716) 278-7000
June 28, 1976
Mr. Pat Mangan, President --
Hedman Mines Ltd.
P O Box 590.
Timmins, Ontario CANADA
Dear Mr. Mangan:
As you know, OSHA standards for exposure to asbestos fibers will
be sharply reduced from 5 ppm to 2 ppm effective July 1, 1976.
The law also requires a caution label on the package printed in
letters of sufficient size and contrast as to be readily visible
and legible stating:
CAUTION
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
BREATHING ASBESTOS DUST MAY CAUSE
SERIOUS BODILY HARM
Please advise me in the exact on asbes-
writing printing appearing
tos shipments to any Hooker Chemicals & Plastics Corp. plant you
now serve. If it does not meet the above please ad-
requirement,
vise how quickly the correction can be made.
Sincerely yours,
C E Wolosin-Manager
Packaging & Labeling
1f
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CONTENTS½
NON-FIBROUS SERPENTINE APPROX. 80%
CHRYSOTILE MASS UNDER 20% .
(AVERAGE FIBRE LENGTH: 2½ MICRONS)
ASBESTOS FIBRES UNDER 2%
FREE SILICA
NIL
ADDITIVESA
NIL
. Average Values determi eP t 4000 X Magnification
CAUTION
AVOID CREATING DUST
BREATHING ASBESTOS DUST MAY CAUSE
SERIOUS BODILY HARM
boveAppears on each ba of Hedraan Cationic Fibre
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Exhibit C
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coreacusinc4tcorporATion EXHIBIT
October 24, 1975
Asbestos Monitoring Program
The outline below is a summarization of the various aspects .of an
asbestos monitoring program that will be instituted to permit a
more complete view of where the plant stands in relation to present
asbestos exposure levels.
A. Background
It is apparent from the meeting held on October 17th thaii Corporate's
feeling is that Durez should commit itself to eliminating the use
of asbestos in its plants. Based on the current medical data pro-
vided by OSHA, the removal of asbestos from the plant is a valid
program. In addition, the proposed standard of 0.5 fibers/cc
indicates that OSHA is intent on reducing asbestos exposures to
levels that appear will ultimately require the non-use of asbestos.
Several items which appear in the proposed standard indicate,
I feel, that OSHA will do all within its power to reduce the
*
standard to as low a level as
they can possibly obtain. In
September 1975, the Director of NIOSH stated in a letter to
nepa th.+ a.-pt 9 ..a enncie+.nt ania-inings,-,1 emain, leave
virtually no doubt that asbestos is carcinogenic to man". It
is also stated in the proposed standard that "0SHA believes that
sufficient medical and scientific evidence has now been accumulated
to warrant the designation of asbestos as a human carcinogen.
OSHA recognizes that there is no assurance of a safe exposure for
a substance with known carcinogenic property, in this case asbestos,
and thus there should be no detectable concentrations. However,
the Act requires that the Secretay establish standards to the
extend feasible, and therefore, the Secretary must take into
consideration technological and economic factors". Although
technological and economic factors will be considered during
the comment period for the proposed the other state-
standard,
ments above would seem to indicate that the o.5 fibers/cc
standard, and the 5 micron fiber length, are nét the final say
for asbestos exposure levels.
B. To initiate the monitoring program, a breakdown of the products
made by Durez according to asbestos type and content is necessary.
This was provided in R. Sliwa's October 20th memo.as to products
budgeted for production dirring the coming year. The materials
. will be grouped for sampling purposes by asbestos type and
content. This will reduce the number of tests required to be
done since testing of every product made with asbestos is not
feasible du.ring the period that we want data developed. Further
breakdown for sampling purposes will be done within an individual
grouping on the basis of annual production, should a scheduling
conflict exist between products. ·
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MOS :ER CHEMICAL CORPORATION
WORTM TE A ANO N Y. 24920
October 24, 1975 . .
!
Asbestos Monitoring Program
Page 2
C. . The memo written by R. Sliwa has also a breakdown of the products
accordi ng to their current status as regards replacement of
asbestos and the tentative date that asbestos will be removed
from the product and still satisfy customer or agency (UL, etc.)
requirements.. The products scheduled for complete asbestos
removal by December 1975 do not need to be tested.
The remaining products, 63 of them, are scheduled for asbestos
replacements sdmetime during 1976. These products will be
grouped type and monitored pro-
by asbestos
Preview
FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 Exhibit G FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA --------------------------------------------------------------------x In Re: EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION --------------------------------------------------------------------x BENEDICT VIGLIETTA and TERRI VIGLIETTA, TRIAL SUBPOEANA AD TESTIFICANDUM Plaintiffs, Index No. E174717/2021 -against- Assigned Judge: ASBESTOS CORPORATION LIMITED, a Hon. Deborah Chimes, J.S.C. Corporation of the Province of Quebec, et al., Defendants, ------------------------------------------------------------------x HEDMAN RESOURCES LIMITED, Third-Party Plaintiff, -against- MANVILLE PERSONAL INJURY TRUST, Third-Party Defendant. --------------------------------------------------------------------x THE PEOPLE OF THE STATE OF NEW YORK To: The Individual Designated by Occidental Chemical Corporation, as Successor in Interest to Hooker Chemicals & Plastics Corp. and Durez Plastics, a Division of Hooker Chemicals & Plastics Corp., and as its Person-Most-Knowledgeable for the Trial in this Matter Attention: Occidental Chemical Corporation c/o CT Corporation System 28 Liberty Street New York, New York 10005 WE COMMAND YOU, that all business and excuses being laid aside, the person most knowledgeable on behalf of Occidental Chemical Corporation, as Successor in Interest to Hooker Chemicals & Plastics Corp. (“Hooker Chemical”) and Durez Plastics, a Division of Hooker 1 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 Chemical, and appear and attend before the Honorable Deborah Chimes, J.S.C., Supreme Court, Niagara County, Angelo DelSignore Civic Office Building, 775 Third Street, Niagara Falls, New York 14301 on April 12, 2022 at 9:30 o’clock in the forenoon, and at any recessed or adjourned date, to give testimony in this action as a witness at trial with respect to the subject areas described below. The special circumstances requiring your presence at this time and date are as follows – plaintiff Benedict Viglietta has brought suit against a number of defendants, alleging that he developed mesothelioma as a result of occupational exposure to asbestos while working at Hooker Chemical’s North Tonawanda, New York facility between 1974 and 1976. Specifically, he claims that he was present when asbestos fiber sold by Hedman and Johns-Manville Inc. was used to manufacture various products there, and that he was present when thermal insulation was removed and replaced on piping systems and kettles. It is believed that you have knowledge regarding Hooker Chemical’s use of asbestos fiber in the manufacture of its products during this period, the OSHA-related safety precautions it took to protect its employees from exposure to asbestos during this period, and the identity of thermal insulation and kettles Mr. Viglietta claims caused his asbestos exposure. DEFINITIONS AND INSTRUCTIONS 1. The term “you” or “your” means Hooker Chemical unless otherwise specifically noted. 2. The term “North Tonawanda facility” refers to the former Hooker Chemical facility located at or about 673 Walck Road in North Tonawanda, New York 14120. 3. The term “asbestos” means fibers derived from the minerals known as amosite, anthophyllite, chrysotile, crocidolite, and/or tremolite. 4. The term “block” means thermal insulation used on boilers, mechanical equipment, and/or piping systems which is generally rectangular and/or segmented. 2 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 5. The term “cement” means thermal insulation that generally comes as a mixture of powdered material (which may include asbestos fibers) that is mixed with water and dried on the exterior of boilers, mechanical equipment, and/or piping systems. 6. The term “pipe covering” means thermal insulation that generally comes in half- round sections that are fitted to the exterior of piping systems. 7. The term “insulation specifications” means a series of specifications for thermal insulation to be applied to specific portions of a boiler, including but not limited to its economizer casing, gas duct, air heaters, air ducts, furnace walls, roof enclosure, bottom enclosure, drum heads and shells, and piping systems (including but not limited to de-superheater, down-comer, header, reheat, soot blower, suction manifold, and superheater piping). 8. The terms “relating to,” “concerning” and “referring to” are used herein in their broadest sense and shall mean in any way whatsoever relating to, concerning, referring to, touching upon, constituting, compromising, containing, setting forth, showing, disclosing, describing, explaining, referencing, summarizing or mentioning. 9. The term “and” includes “or” and the term “or” includes “and,” and each term should be interpreted to give each request the broadest possible meaning and coverage. 10. The word “document” is used herein in its broadest sense, and includes any original, reproduction or copy of any kind typed, recorded, graphic, printed, written or documentary materials, including without limitation correspondence, memoranda, interoffice communications, notes, diaries, contracts, documents, drawings, plans, specifications, estimates, vouchers, permits, written ordinances, minutes of meetings, invoices, billings, checks, reports, studies, telegrams, notes of telephone conversations, computer tapes and program and notes of any and all communications and every other means of recording any tangible things, any form of 3 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 communication or representation, including letters, words, pictures, sounds or symbols or combinations thereof. 11. The term “communications” mean any and all direct and/or indirect transmissions or exchanges of information between two or more individuals and/or entities, or their respective agents or representatives, whether or not reduced to writing, including, without limitation, any meeting, conversation or discussion, whether face-to-face, by means of mail, telephone, telegraph, telex, facsimiles, electronic mail, text message, WhatsApp message, or any other medium. 12. The applicable time scope of the these interrogatories is from approximately 1970 until 1976, in addition to any range of years for which Hooker Chemical is in possession of information related to the allegations regarding plaintiff Benedict Viglietta’s exposure to asbestos as regards this case, including but not limited to its actual or constructive knowledge of the hazards of breathing asbestos fibers, Hooker Chemical’s asbestos monitoring program(s) in effect or development during this period. 13. You are requested to furnish all information in your possession and all information available to you, not merely such information as you know of your own personal knowledge, but also all knowledge that is available to you, your employees, officers, and agents, by reason of inquiry including inquiry of their representatives. SUBJECT MATTER OF REQUESTED TESTIMONY 1. Hooker Chemical’s historical knowledge of the hazards or potential hazards of asbestos, and specifically when and how the Hooker Chemical knew that asbestos could cause asbestosis, lung cancer and/or mesothelioma. 2. All warnings Hooker Chemical gave (or did not give) to customers who purchased products manufactured at the North Tonawanda facility. 3. The corporate history of Hooker Chemical, specifically including but not limited to its history of designing, manufacturing, and/or selling products containing asbestos fibers at the North Tonawanda facility, and in particular at those buildings in which resins and moldings were manufactured. 4 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 4. The source companies of the asbestos fibers and asbestos-containing products, specifically including but not limited to block, cement, pipe covering, and/or kettles used at the North Tonawanda facility, and in particular at those buildings in which resins and moldings were manufactured. 5. Hooker Chemical’s efforts to implement regulations pertaining to employee exposure to asbestos fibers in the workplace, more specifically in accordance with OSHA regulations pertaining to same, and, in particular, during the years 1974 through 1976. 6. Hooker Chemical’s insulation specifications for the North Tonawanda facility, in particular those buildings in which resins and moldings were manufactured. 7. Hooker Chemical’s correspondence with Hedman regarding warnings and/or caution statements pertaining to asbestos fibers placed on bags of Hedmanite delivered to the North Tonawanda facility between 1973 and 1976, specifically including but not limited to the following: a. June 28, 1976 letter from Hooker Chemical to Hedman regarding caution statements placed on bags of Hedmanite. See Exhibit A. b. July 9, 1976 letter from Hedman to Hooker Chemical showing content of caution statements placed on bags of Hedmanite. See Exhibit B. 8. Hooker Chemical’s efforts to monitor and/or eliminate the use of asbestos fiber at the North Tonawanda facility during the 1970’s, specifically including all actions taken in connection with the October 24, 1975 outline of its “Asbestos Monitoring Program,” and any similar efforts that preceded or followed it prior to 1976. See Exhibit C. 9. Hooker Chemical’s record of purchase of asbestos fiber from Johns-Manville Inc. for use at the North Tonawanda facility between 1973 and 1976. See Exhibit D. 10. The identity of the vessels and/or kettles used at the North Tonawanda facility between 1973 and 1976, specifically at those buildings where resins and moldings were manufactured (it is believed that these vessels and/or kettles were manufactured by Pfaudler, Inc.). 11. The identity of the outside contractors who performed thermal insulation work at the North Tonawanda facility between 1973 and 1976, specifically at those buildings where resins and moldings were manufactured (it is believed that McLaughlin Insulation Co., Inc. and Insulation Distributors, Inc. did this work). 5 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 Your failure to comply with this subpoena is punishable as a contempt of court and shall make you liable to the party on who behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply. Dated: New York, New York March 21, 2022 Yours, etc., CLYDE & CO US LLP By: /s/ John J. Burbridge John J. Burbridge The Chrysler Building 405 Lexington Avenue, 16th Floor New York, New York 10174 Phone: (212) 710-3900 Fax: (212) 710-3950 Email: john.burbridge@clydeco.us Attorneys for Defendant/Third-Party Plaintiff Hedman Resources Limited To: Occidental Chemical Corporation c/o CT Corporation System 28 Liberty Street New York, New York 10005 cc: Belluck & Fox LLP (via NYSCEF) Attorneys for Plaintiffs Benedict Viglietta and Terri Viglietta 546 5th Avenue, 5th Floor New York, New York 10036 All Remaining Defendants (via NYSCEF) 6 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 Exhibit A 7 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 hooner 345 THIRD STREET, BOX 728, NIAGARA FALLS, NEW YORK 14302, PHONE (716) 278-7000 June 28, 1976 Mr. Pat Mangan, President -- Hedman Mines Ltd. P O Box 590. Timmins, Ontario CANADA Dear Mr. Mangan: As you know, OSHA standards for exposure to asbestos fibers will be sharply reduced from 5 ppm to 2 ppm effective July 1, 1976. The law also requires a caution label on the package printed in letters of sufficient size and contrast as to be readily visible and legible stating: CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM Please advise me in the exact on asbes- writing printing appearing tos shipments to any Hooker Chemicals & Plastics Corp. plant you now serve. If it does not meet the above please ad- requirement, vise how quickly the correction can be made. Sincerely yours, C E Wolosin-Manager Packaging & Labeling 1f 8 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 Exhibit B 9 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF "HEDMAN" DOC. CABLE: NO. 326 TELEPHONES RECEIVED 705-264-3709 NYSCEF: & 0593 04/06/2022 HEDMAN MINES LIMITED P.O. BOX 590 TIMMINS. ONTARIO, CANADA P4N 7E7 July 9, 1976 Mr. C.E. Wolosin, Manager Packaging S Labeling Hooker Chemicals 6 Plastics Corp. Box 728 NIAGARA FALLS, N.Y. 14302, U.S.A. Dear Mr. Wolosin; Referring to your form letter of June 28th, 1976, werare pleased to enclose a Xerox copy of the exact Contents and Caution label that appears in green on each kraft hag of Hedman Cationic Fibre shipped to each Hooker Chemicals 6 Plastics Corp. plant. Yours sincerely, HEDMAN MINES LIMŠTED President & Managing Director J.J.Mangan/jpm Encl. 10 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 hooner 345 THIRD STREET, BOX 728, NIAGARA FALLS, NEW YORK 14302, PHONE (716) 278-7000 June 28, 1976 Mr. Pat Mangan, President -- Hedman Mines Ltd. P O Box 590. Timmins, Ontario CANADA Dear Mr. Mangan: As you know, OSHA standards for exposure to asbestos fibers will be sharply reduced from 5 ppm to 2 ppm effective July 1, 1976. The law also requires a caution label on the package printed in letters of sufficient size and contrast as to be readily visible and legible stating: CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM Please advise me in the exact on asbes- writing printing appearing tos shipments to any Hooker Chemicals & Plastics Corp. plant you now serve. If it does not meet the above please ad- requirement, vise how quickly the correction can be made. Sincerely yours, C E Wolosin-Manager Packaging & Labeling 1f 11 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 CONTENTS½ NON-FIBROUS SERPENTINE APPROX. 80% CHRYSOTILE MASS UNDER 20% . (AVERAGE FIBRE LENGTH: 2½ MICRONS) ASBESTOS FIBRES UNDER 2% FREE SILICA NIL ADDITIVESA NIL . Average Values determi eP t 4000 X Magnification CAUTION AVOID CREATING DUST BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM boveAppears on each ba of Hedraan Cationic Fibre 12 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 Exhibit C 13 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 coreacusinc4tcorporATion EXHIBIT October 24, 1975 Asbestos Monitoring Program The outline below is a summarization of the various aspects .of an asbestos monitoring program that will be instituted to permit a more complete view of where the plant stands in relation to present asbestos exposure levels. A. Background It is apparent from the meeting held on October 17th thaii Corporate's feeling is that Durez should commit itself to eliminating the use of asbestos in its plants. Based on the current medical data pro- vided by OSHA, the removal of asbestos from the plant is a valid program. In addition, the proposed standard of 0.5 fibers/cc indicates that OSHA is intent on reducing asbestos exposures to levels that appear will ultimately require the non-use of asbestos. Several items which appear in the proposed standard indicate, I feel, that OSHA will do all within its power to reduce the * standard to as low a level as they can possibly obtain. In September 1975, the Director of NIOSH stated in a letter to nepa th.+ a.-pt 9 ..a enncie+.nt ania-inings,-,1 emain, leave virtually no doubt that asbestos is carcinogenic to man". It is also stated in the proposed standard that "0SHA believes that sufficient medical and scientific evidence has now been accumulated to warrant the designation of asbestos as a human carcinogen. OSHA recognizes that there is no assurance of a safe exposure for a substance with known carcinogenic property, in this case asbestos, and thus there should be no detectable concentrations. However, the Act requires that the Secretay establish standards to the extend feasible, and therefore, the Secretary must take into consideration technological and economic factors". Although technological and economic factors will be considered during the comment period for the proposed the other state- standard, ments above would seem to indicate that the o.5 fibers/cc standard, and the 5 micron fiber length, are nét the final say for asbestos exposure levels. B. To initiate the monitoring program, a breakdown of the products made by Durez according to asbestos type and content is necessary. This was provided in R. Sliwa's October 20th memo.as to products budgeted for production dirring the coming year. The materials . will be grouped for sampling purposes by asbestos type and content. This will reduce the number of tests required to be done since testing of every product made with asbestos is not feasible du.ring the period that we want data developed. Further breakdown for sampling purposes will be done within an individual grouping on the basis of annual production, should a scheduling conflict exist between products. · 14 of 40 FILED: NIAGARA COUNTY CLERK 02/22/2024 02:16 PM INDEX NO. E182634/2024 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 02/22/2024 FILED: NIAGARA COUNTY CLERK 04/06/2022 04:51 PM INDEX NO. E174717/2021 NYSCEF DOC. NO. 326 RECEIVED NYSCEF: 04/06/2022 MOS :ER CHEMICAL CORPORATION WORTM TE A ANO N Y. 24920 October 24, 1975 . . ! Asbestos Monitoring Program Page 2 C. . The memo written by R. Sliwa has also a breakdown of the products accordi ng to their current status as regards replacement of asbestos and the tentative date that asbestos will be removed from the product and still satisfy customer or agency (UL, etc.) requirements.. The products scheduled for complete asbestos removal by December 1975 do not need to be tested. The remaining products, 63 of them, are scheduled for asbestos replacements sdmetime during 1976. These products will be grouped type and monitored pro- by asbestos