#ACIAsbestos ACI’s 17 th National Advanced Forum on Asbestos Claims & Litigation Mark C. Greene Banker Lopez Gassler P.A. 501 East Kennedy Boulevard Suite 1500 Tampa, FL 33602 813-221-1500 813-222-3066 (FAX) [email protected]The Use of Asbestos by the United States Military Other Than Navy June 26-27, 2014 Tweeting about this conference?
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The Use of Asbestos by the United States Military Other Than Navy
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#ACIAsbestos
ACI’s 17th National Advanced Forum on Asbestos Claims & Litigation
The Use of Asbestos by the United States Military Other Than Navy
June 26-27, 2014
Tweeting about this conference?
#ACIAsbestos
#ACIAsbestos
#ACIAsbestos
I. INTRODUCTION
• Navy Specifications (NAVSPECS) are really Federal Specifications and apply to all branches of the United States Military (MILSPECS)
• Used extensively by United States Air Force, Army, Marine Corps, and the National Guard
• Components in Airplanes, Tanks, Missiles, Grenades, and Various Ammunition
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Mess Hall Conley, GA
February 1942
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Marine Corps Women’s
School
Camp Lejeune, NC
Sept 1943
(Barrack Piping)
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Mess Hall Galley, Camp Lejeune, NC February 1942 (Piping and Ovens)
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Camp Lejeune, January 1945 Applying Asbestos Water Proofing Grease to Motor
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Marine Engineer Trainee
Butzbach, Germany
August 1946
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Food Service School – Montfold Point (Marines) December 1951
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Marine Corps Supply Depot - Transport School - December 1951
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Mess Hall – Lawson General Hospital Chamblee, GA February 1942 (Piping)
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Engineer Training Center
Butzbach, Germany
July, 1946
(Welder)
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Engineer Training Center
US Army Corp of Engineers
Butzbach, Germany
July, 1946
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US Army Signal Service Garage, Paris, France October 1946
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US Army
Boiler Room Location
Unknown
September 1956
(JM 85% MAG BLOCK INSULATION BOX)
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Naval Training Station – Great Lakes, Illinois - May 1939
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Korea, August 1952 Wounded Marines Brought to USS Haven
“ASBESTOS CLAD SAILORS”
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II. Examples of Asbestos Products Used by the Non-Navy Personnel
• Wire used in jets and propeller planes • Asphalt cements and asphalt shingles used in
extensively throughout military bases • Firebrick, insulation and millboard • Vehicles, tanks and trucks, including brakes,
gaskets, transmission bands and clutches • Clothing, gloves, suits and other protective fire
gear • HVAC duct vibration dampers • Aircraft brakes and heat shields • Cockpit cooling systems for Air Force helicopters
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II. Examples of Asbestos Products Used by the Non-Navy Personnel
• Exhaust cones in Air Force turbo jet engines • Packing used in airplane ignition systems • Fiber composite insulation for rocket motors • Machine gun hot barrel gauntlet gloves • Acid proofing on chemical tanks • Spray coatings on B-52 bombers • Gas mask filters • Marine Corp berets • Ammunition wadding • Torpedoes • Bedding compounds
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II. Examples of Asbestos Products Used by the Non-Navy Personnel
All modes of transportation used by the military including tanks, automobiles, trucks, jeeps and aircraft contained asbestos components
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II. Examples of Asbestos Products Used by the Non-Navy Personnel
• Buildings located on facility bases • The military required specific products to
be used in military installations nationwide • The Government had specifications for
gaskets, felts, roofing shingles, cement, gloves, cloth, packings, insulation board, insulation block and blankets, paper, wick, tape, drywall, joint compound and even sewer pipe
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III. Military Jobs Encountering Asbestos Containing Materials
• Aviation machinist mate – would use clamps with asbestos pads to repair high temperature areas in jets and helicopters
• Depot mechanics – would use standard friction products
• Metal smiths and welders – asbestos blankets or sheets to protect themselves from the heat of welding torches
• Tank Loaders and artillery men – used asbestos gloves to handle hot cartilages ejected from guns
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III. Military Jobs Encountering Asbestos Containing Materials
•National Guardsmen
• 9/11 Twin Tower Attacks
• Peacekeeping Missions to Bosnia, Kosovo, Somalia
• War Torn Buildings in Iraq and Afghanistan
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IV. Bases Where Asbestos Has Been Found
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IV. Bases Where Asbestos Has Been Found
•Chanute Air Force Base
• Located in Rantoul, Illinois
• 6,000 Feet of Asbestos-Laden Steam Pipes were removed
• The pipes connected the abandoned former Air Force steam plant with three other Chanute Buildings
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IV. Bases Where Asbestos Has Been Found
• Fort Campbell Army Base • Located on the border between Tennessee
and Kentucky • Building materials containing asbestos
•Camp Roberts • Located near San Miguel, California
• Nearly all of the old green-roofed structures at Camp Roberts contained Asbestos
• This includes barracks, mess halls, chapels, supply rooms and administration offices
• Asbestos was used in roofing shingles, ceiling tile, floor tile, plaster and wall board, steam and water pipe insulation and as electrical insulation
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IV. Bases Where Asbestos Has Been Found
• Marine Recuperation Barracks • Located in Klamath Falls, Oregon • During construction of barracks, over 1,533 tons
of asbestos was used in building materials for the construction of over 80 buildings
• The barracks were eventually torn down and houses were built on the property
• In 2001, the Oregon Department of Environmental Quality received a complaint of two large piles of asbestos insulated pipe on the surface of a lot being developed
• Over 57 tons of asbestos-containing material was removed but the asbestos cleanup is ongoing
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V. Examples of Military Documents
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V. Examples of Military Documents
• War Department Technical Bulletin TB MED 223
• June 21, 1946
• Specifically lists asbestos as a pneumoconiosis-producing dust
• Avoidance practices discussed
• List of approved respirators are also provided for different exposure scenarios
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V. Examples of Military Documents
• Wright-Paterson Air Force Base Regulation Regarding Personal Protective Equipment
• 1949 Air Force Regulation
• Requires the use of asbestos containing coats and aprons, clothing and headgear when exposed to heat, spark or hot material hazards
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V. Examples of Military Documents
• Air Force Pamphlet 160-6-1A
• Published October 6, 1952 for the first time
• Establishes a threshold limit value for asbestos exposure of 5 M.P.P.C.F.
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V. Examples of Military Documents
• Air Force Occupational Safety and Health Standard 161-4 • Predates October 1976
• PEL is listed at two fibers per cubic centimeter of air
• Discusses engineering controls
• Mandatory use of various respirators for exposures above the PEL
• Medical surveillance and examinations were mandatory
• Employee medical records maintained a minimum of 40 years
• Army War College issued similar document on December 29, 1983
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V. Examples of Military Documents
• The United States Army Installation Asbestos Management Program • March 23, 1998
• Technical Bulletin 420-70-8
• 194-Page document encompasses all aspects of asbestos remediation on facilities owned, managed or controlled by the Army
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V. Examples of Military Documents
• The United States Army Installation Asbestos Management Program
• Several types of ACM are specifically addressed and diagrammed
• Pipe lagging, boiler lagging, spray-on fireproofing (Limpet spray), plasters, floor tile, roofing felts, wall paints and even fire doors
• Contains a list of asbestos containing materials found in Army Buildings with the approximate asbestos content and the years installed
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V. Examples of Military Documents
• The United States Army Installation Asbestos Management Program
• Requires drafting of an asbestos management plan for each facility owned
• Mandates site inspections of each building and structure
• Analyzing bulk samples
• Assembling a database
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V. Examples of Military Documents
• The United States Army Installation Asbestos Management Program
• The total amount of asbestos-containing material identified in linear feet or square feet
• ACM Checklist required
• Sent to a Certified laboratory
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V. Examples of Military Documents
• The United States Army Installation Asbestos Management Program
• Polarized microscopy (PLM), dispersion staining, x-ray defraction analysis, scanning and electronic microscopy and energy dispersive spectrometry
• Chapter 12 of the directive deals in part with record keeping
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V. Examples of Military Documents
• The United States Army Installation Asbestos Management Program
• “It is essential that a complete record of the asbestos abatement project be assembled and then maintained by the AMT (Asbestos Management Team)”
• “All records pertaining to an asbestos abatement should be kept in a permanent file and maintained indefinitely”
• Records required to be kept include: notifications to the EPA and OCHA, specifications, air sampling reports, project plans and specifications, waste handling and disposal
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V. Examples of Military Documents
• The United States Army Installation Asbestos Management Program
• Appendix B – Listing of Governmental locations where records may be kept
• Appendix C – ACM Check list with detailed information for each product analyzed
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VI. Practice Pointers • Plaintiffs should be thoroughly questioned at
deposition about their specific job duties in the military, the products that they encountered, the tools that they used and the machines they operated
• Specific barrack locations, office locations, building locations, and every installation where the Plaintiff was stationed should be examined
• Thereafter the practitioner can search the base for asbestos remediation information and potentially obtain information from the United States Government through a Freedom of Information Request
• Give consideration to removing the case under Federal Enclave and/or Federal Officer Jurisdiction