Your Way, My Way And The Navy Way

My Way, Your Way

My Way, Your Way

and the Navy Way

and the Navy Way

My Way, Your Way

My Way, Your Way

and the Navy Way

and the Navy WayBobbie R. Bailey

Bobbie R. Bailey

Howard Rome Martin & Ridley, LLC

Howard Rome Martin & Ridley, LLC

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1.1.Navy Knowledge

Navy Knowledge2.2.Navy Control

Navy Control3.3.Navy Choices

Navy Choices

Bobbie R. Bailey, Howard

Rome Martin & Ridley, LLC

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“Exp

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.” 1.1. Francis Burger

Francis Burger2.2.William Lowell

William Lowell3.3.Arnold Moore

Arnold Moore4.4.Andrew OttAndrew Ott



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When did the U.S. Navy

When did the U.S. Navy

first learn or warn that

first learn or warn that there were hazards

there were hazards associated with the use of

associated with the use of

Asbestos on its ships?

Asbestos on its ships?



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FRANCIS BURGER, (Page 96:8 to 96:13) 96 8 Q. Okay. Do you know when the Navy first warned 9 of the asbestos -- the hazards associated with asbestos?10 A. The first warnings that I'm aware of began in 11 the late -- early 1970s where the Navy directed that 12 they remove asbestos materials from their purchase 13 orders, from their requirements.



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FRANCIS BURGER, (Page 285:3 to 285:13) 285 3 Q. Well, are you aware that approximately around 4 1971, Puget Sound Naval Shipyard implemented certain 5 procedures for wearing respirators and protective gear 6 to protect individuals from asbestos? 7 A. I have read testimony to the effect that they 8 started to implement procedures about the time that 9 OSHA -- or subsequent to the time that OSHA issued 10 their instructions. That I can testify to. 11 But to what extent that they did and for 12 what -- for what level of protection that they were 13requiring, I -- I can't tell you. I don't know.14 Q. Are you aware they also supplied warnings 15 about asbestos at the shipyard?16 A. The first time that I can remember seeing any 17 warnings posted in the shipyard was in the early 18 '80s. I do not remember seeing any warnings before 19 that. But, again, I was not a -- a daily visitor to 20 the shipyard, and I did not work there at that time.



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CAPTAIN LOWELL, (Pages 63:23 to 64:10) 6323 Q. When did you first become aware of the24 hazards of asbestos?25 A. Mid- to late '60s.

64 1 Q. And was that while you were serving in 2 the Naval Reserves? 3 A. Bath Iron Works. 4 Q. You learned of the hazards of asbestos 5 through the Iron Works? 6 A. Through the Harvard medical study. 7 Q. Okay. And what did you learn at that 8 time? 9 A. That asbestos could be hazardous to10 your health.



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l CAPTAIN LOWELL, (Page 64:18 to 64:21) 6418 Q. Do you know when the Navy first became19 aware of the hazards of asbestos?20 A. I'm not fully privy to what the Navy21 knew and when they knew it.



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l WILLIAM LOWELL, (Page 115:3 to 115:13) 115 3 Q. Very good. From 1965 to 1967, did Bath 4 Iron Works ever put a visible warning on any of its 5 ships discussing the hazards of asbestos? 6 A. I don't know. 7 Q. Did you see it? 8 A. I don't remember one right now in the '66, 9 '67 time frame.10 Q. Did you rely on the Navy to warn their11 sailors?12 A. I don't know what the Navy was telling13 their sailors at that time.



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l WILLIAM LOWELL, (Pages 115:20 to 116:8) 11520 Q. Okay. You knew that using21 asbestos-containing insulation was hazardous; is22 that correct?23 A. I knew there was a problem in 1966, yes,24 sir.25 Q. And was it your understanding that the

116 1 Navy would take care of its own personnel with 2 regard to the ships that you were building that had 3 asbestos in them? 4 MR. XXXXXXX: Objection; vague and 5 ambiguous. 6 THE DEPONENT: I didn't know really what 7 the Navy was doing after ships commissioned. I -- 8 I am not -- I just don't know.



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November, 1922November, 1922Occupation Hazards and Diagnostic SignsOccupation Hazards and Diagnostic Signs

A guide to impairments to be looked for in hazardous occupationsA guide to impairments to be looked for in hazardous occupations

by Lois I. Dublin, Ph.D. and Phillip LeiboffU.S. Department of Labor Bureau of Labor Statistics Bulletin No. 306

Lists asbestos workers as a hazardous occupation

There are four effective methods

that may be used to prevent the

inhalation of dust generated during

industrial processes.



1. The use of water to dampen the dust and thus prevent it from rising and filling the atmosphere

2. The use of exhaust systems which remove dust at the point of origin



3. The use of enclosing chambers in which the dust-producing processes are confined, being regulated from the outside

4. The use of respirators and helmets. In many cases it may be necessary to combine several of these measures effectively to prevent the inhalation of dust by the worker.



1939 Annual Report Surgeon General, 1939 Annual Report Surgeon General, U.S. Navy Hazard of Asbestosis U.S. Navy Hazard of Asbestosis

Asbestosis is an industrial disease of the lungs

incident to the inhalation of asbestos dust for

prolonged periods, and is distinct from silicosis. The

development of the disease depends upon the concentration of the dust,

the size of the dust particles, and the length

of exposure.

Asbestosis is an industrial disease of the lungs

incident to the inhalation of asbestos dust for

prolonged periods, and is distinct from silicosis. The

development of the disease depends upon the concentration of the dust,

the size of the dust particles, and the length

of exposure.



1939 Annual Report Surgeon General, 1939 Annual Report Surgeon General, U.S. Navy Hazard of Asbestosis U.S. Navy Hazard of Asbestosis

The workers in the Pipe Covering and Insulating Shop are exposed to the insulation of the asbestos dust incident to the cutting of asbestos insulating felt in the fabrication of covers for flanges, valve bonnets,

and high temperature steam turbines. The material falls under

the trade name of “Amosite.”

The workers in the Pipe Covering and Insulating Shop are exposed to the insulation of the asbestos dust incident to the cutting of asbestos insulating felt in the fabrication of covers for flanges, valve bonnets,

and high temperature steam turbines. The material falls under

the trade name of “Amosite.”



1939

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The following recommendation made

jointly by the medical officer of the Yard and the safety engineer was approved;

Install an exhaust blower over work table in the

Pipe Covering and Insulating Shop to

remove asbestos dust at the source as a

protective measureagainst the hazards

of asbestos.

The following recommendation made

jointly by the medical officer of the Yard and the safety engineer was approved; Install an exhaust blower

over work table in the Pipe Covering and Insulating Shop to

remove asbestos dust at the source as a

protective measureagainst the hazards

of asbestos.Bobbie R. Bailey, Howard


U.S. Navy KnowledgeU.S. Navy Knowledge1939: Navy Hospital Manual – Aware of Asbestos-Containing 1939: Navy Hospital Manual – Aware of Asbestos-Containing

InsulationInsulation

Q: What precautions are exercised to prevent damage from pipecovering compounds? What asbestos hazards exist?

A: Masks for asbestos workers.

At all navy yards, the Commandant is the head of the organization. ….He is familiar with the nature of the work being performed and…the health and accidents presented.

The Government, having passed such [health and safety] laws must therefore lead the way in protecting its own employees. The United States Navy is one of the largest of the industries maintained by this Government. An organization has been set up in the Navy to protect its personnel, both civilian and naval.

Minimum Requirements for Safety and Industrial Minimum Requirements for Safety and Industrial Health in Contract ShipyardsHealth in Contract Shipyards

Approved U.S. Navy January 20, 1943

Approved U.S. Maritime

Commission February 9, 1943



Minimum Requirements for Safety and Industrial Minimum Requirements for Safety and Industrial Health in Contract ShipyardsHealth in Contract Shipyards

…it is simply good common sense that as much care and attention be given to protecting the human factors in the war production program as is given machines.



Minimum Requirements Minimum Requirements S-6. Employee Safety TrainingS-6. Employee Safety Training

6.4 All Employees shall be instructed in their specific duties by their immediate supervisor and they shall be made familiar with the hazards of the job and instructed carefully in how to avoid them. It shall further be the duty of the supervisor to constantly check all employees so unsafe working practices may be corrected before accidents occur.



Navy Safety Review: July 1947Navy Safety Review: July 1947

Department of the Navy Bureau of Medicine and SurgeryDepartment of the Navy Bureau of Medicine and SurgeryBumed Instruction 6270.3Bumed Instruction 6270.3

November 7, 1955November 7, 1955

Purpose: To establish as a basic reference the threshold limit values of toxic materials, adopted by the

American Conference of Governmental Industrial Hygienists, and to provide guidance toward the

reduction of potential health hazards encountered in industrial environment for both military and

naval civilian personnel.



U.S. Navy (Formally) Adopts 5 mppcf as TLV U.S. Navy (Formally) Adopts 5 mppcf as TLV for Asbestos – 1955 for Asbestos – 1955

U.S. Navy (Formally) Adopts 5 mppcf as TLV U.S. Navy (Formally) Adopts 5 mppcf as TLV for Asbestos – 1955 for Asbestos – 1955

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ON

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L From the moment of

From the moment of enlistment – once the

enlistment – once the contract was signed – the

contract was signed – the

Navy practically owned

Navy practically owned

the new enlistee “Heart

the new enlistee “Heart

and Soul.”and Soul.”



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Exp

ert 1.1.Would you agree with

Would you agree with me that the Enlistment

me that the Enlistment Contract was NOT

Contract was NOT Employment at Will?

Employment at Will?a.a. A Sailor who decided to

A Sailor who decided to

“quit” the Navy would be

“quit” the Navy would be

disciplined – up to and


including the death penalty


– depending on the

– depending on the circumstances.

circumstances.



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ert

2.2. Would you agree with

Would you agree with me that the me that the Employer/employee

Employer/employee relationship was

relationship was notnot a a democracy?democracy?a.a. A Sailor who failed to obey

A Sailor who failed to obey

all lawful orders would be

all lawful orders would be





– depending on the

– depending on the circumstances.

circumstances.



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3.3.

Would you Would you agree with

agree with me that the me that the Navy told

Navy told Sailors Sailors onboard

onboard ship:ship:a.a. When to wake

When to wakeb.b. When to shower

When to showerc.c. When to eatWhen to eatd.d. When to smoke

When to smokee.e. When to report to work

When to report to workf.f. When to relax

When to relaxg.g. When to go to bed.

When to go to bed.Bobbie R. Bailey, Howard


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4.4. Would you agree with

Would you agree with me that the Navy told

me that the Navy told Sailors onboard ship:

Sailors onboard ship:a.a. How to take a shower

How to take a showerb.b. How to dress

How to dressc.c. How to make their beds

How to make their bedsd.d. How to shine their shoes

How to shine their shoes

e.e. How to cut their hair/shave

How to cut their hair/shave

f.f. How to fold their clothes

How to fold their clothes

g.g. How/Where to go to bed.

How/Where to go to bed.Bobbie R. Bailey, Howard


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ert

5.5. Would you agree with me that

Would you agree with me that

the Navy maintained strict

the Navy maintained strict

control of the training of every

control of the training of every

sailor on ship? Including:

sailor on ship? Including:

a.a. SchoolsSchools1)1) Firefighting

Firefighting2)2) WeldingWelding3)3) Machinist Mate

Machinist Mate4)4) Boiler Tender

Boiler Tender5)5) ElectricianElectrician6)6) Hull Repair/Damage Control

Hull Repair/Damage Control

b.b. Correspondence courses

Correspondence courses

c.c. On the job training

On the job trainingd.d. NAVSHIPS(BUSHIPS) Technical

NAVSHIPS(BUSHIPS) Technical

ManualsManuals



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Exp

ert 7.7. Would you agree with me

Would you agree with me

that the Navy maintained

that the Navy maintained

strict control of the work

strict control of the work

environment on ship?

environment on ship? Including:Including:a.a. Ventilation

Ventilationb.b. ToolsToolsc.c. EquipmentEquipmentd.d. Temperature

Temperaturee.e. Personnel/Manning

Personnel/Manning



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8.8.

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a.a. Propulsion Equipment

Propulsion Equipmentb.b. Thermal Insulation

Thermal Insulationc.c. Replacement parts

Replacement partsd.d. Consumable items

Consumable items



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Exp

ert 9.9. Would you agree with me

Would you agree with me

that if an equipment

that if an equipment manufacturer or a vendor

manufacturer or a vendor

wanted to make a change

wanted to make a change

to a product covered by

to a product covered by

Military Specifications

Military Specifications that they would have to

that they would have to

proceed through Navy

proceed through Navy channels?channels?



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10.10.Would you agree with

Would you agree with

me that the me that the Personnel

Personnel SafetySafety was NOT the

was NOT the primary mission of a

primary mission of a Navy Warship – and in

Navy Warship – and in fact the order of

fact the order of precedence was:

precedence was:1)1)The Mission;

The Mission; 2)2)The Ship;The Ship;3)3)TheThe MenMen..



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HO

ICE

SC

HO

ICE

S The The United States Navy

United States Navy

– Not equipment

– Not equipment manufacturers or

manufacturers or vendors – made the

vendors – made the choices. choices.



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FRANCIS BURGER- Vol. I, (Page 189:1 to 189:8) 189 1 Isn't it true, though, that the Navy had the final 2 say about what equipment went on that ship? 3 MS. XXXXXXX: Vague; overbroad. 4 THE WITNESS: That's incorrect. The company had the 5 final say. This was a new type of contracting that was 6 under Mr. McNamara, and we were -- we were -- oh, they 7 could make life difficult for us, but they did not have 8 the final say.



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FRANCIS BURGER, (Page 347:13 to 347:22) 34713 Q. Sir, when the Navy used insulation for 14 protection of personnel, it was the Navy that made the 15 choice of what insulation it wanted to use, be it 16 elastomeric or cork or any other external insulation; is 17 that correct?18 A. I don't believe so, no. I think that choice 19 would have been the vendors' choice. The Navy would 20 have only dictated insofar as the temperatures and 21 fulfillment of the military specifications for either 22 ship construction or equipment construction.



NA

VY

Con

trol

of

NA

VY

Con

trol

of

Man

ufac

ture

rs

Man

ufac

ture

rs During World War II,

During World War II, when most of the Navy

when most of the Navy Ships involved in

Ships involved in asbestos litigation were

asbestos litigation were

being built, the Navy

being built, the Navy exercised Control over

exercised Control over

Manufacturers and

Manufacturers and Vendors in a number of

Vendors in a number of

ways.ways.



NA

VY

Con

trol

of

NA

VY

Con

trol

of

Man

ufac

ture

rs

Man

ufac

ture

rs



December 19, 1941 U.S. Office of Production Management Bulletin:

“Where there is a refusal to recognize a priority rating on an order placed by…the Secretary of the Navy…the plant may be seized by the United States and heavy fines enacted.”

NA

VY

Con

trol

of

NA

VY

Con

trol

of

Man

ufac

ture

rs

Man

ufac

ture

rs



NA

VY

Con

trol

of

NA

VY

Con

trol

of

Man

ufac

ture

rs

Man

ufac

ture

rs



August 20, 1943 War Production Board Compliance Order:

“Compliance with orders and regulations with the War Production Board may be enforced by criminal prosecution and civil injunction proceedings…criminal or civil prosecution under the Second War Powers Act shall be the customary method of enforcing compliance.”



November 4, 1943 War Production Board Memo:

“…there has been a steady decline in production in essential components [like Asbestos]….These components are essential to the completion of all ships whether war or cargo…in fact the entire mechanized economy of the country both war and civilian.”



Asb

esto

s Pr

oduc

ts

Asb

esto

s Pr

oduc

ts

and

War

Eff

ort

and

War

Eff

ort

December 12, 1943 Memo to Secretary of the Navy:

“Amosite blankets and pipecovering…[are] the only flexible material which has proven satisfactory under high temperature….[production] facilities are considered to be of sufficient importance to the War Effort to justify Governmental financing.”



U.S.

Nav

y Sp

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ed a

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U.S.

Nav

y Sp

ecifi

ed a

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ast 3

5 A

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Asb

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Con

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ing

Pro

duc

ts fo

r

Con

tain

ing

Pro

duc

ts fo

r Sh

ipb

oard

Use

Ship

boa

rd U

se

•Asbestos Board (NAVSPEC 17-I-6d)

•Asbestos Paper (NAVSPEC 17-I-9)

•Asbestos Fiber (NAVSPEC 17-I-29)

•Asbestos Rod Packing (NAVSPEC HH-P-36b)

•Asbestos Sheet (NAVSPEC 32-A-3)

•Asbestos Cloth (NAVSPEC 32-C-11)

•High Temp. Cement (NAVSPEC 32-C-14a/h)

•Asbestos Finishing Cement (NAVSPEC 32-C-16)

•Asbestos Felt (NAVSPEC 32-F-1 a/b)

•Asbestos Millboard (NAVSPEC 32-M-1a/f)

•Block and Pipecovering (NAVSPEC 32-M-2a/b)

•Asbestos Plaster (NAVSPEC 32-P-2a/b)

•High Temperature Block, Pipecovering, and Cement

(NAVSPEC 32-P-3a/d)

•Corrugated Asbestos Paper (NAVSPEC 32-P-4)

•Pipecovering (NAVSPEC 32-P-6)

•Asbestos Paper and Tape (NAVSPEC 32-P-9)

•Insulating Thermal Tape (NAVSPEC 32-T-1)

•Insulating Thermal Block (NAVSPEC 32-I-3)Bobbie R. Bailey, Howard Rome Martin &

Ridley, LLC

U.S.

Nav

y Sp

ecifi

ed a

t

U.S.

Nav

y Sp

ecifi

ed a

t le

ast 3

5 A

sbes

tos-

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Asb

esto

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Con

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Pro

duc

ts fo

r

Con

tain

ing

Pro

duc

ts fo

r Sh

ipb

oard

Use

Ship

boa

rd U

se

•Asbestos Cloth Gaskets (NAVSPEC 33-G-2a/g)

•Asbestos Mittens (NAVSPEC HH-M-391b)

•Asbestos Gaskets, Encased (NAVSPEC 33-G-4a)

•Asbestos Gaskets, Spiral (NAVSPEC 33-G-5)

•Asbestos Gaskets, Metallic (NAVSPEC 33-G-8)

•Spiral Gaskets for Boilers (NAVSPEC 33-G-11)

•Sheet Packing (NAVSPEC 33-P-2c)

•Cloth Strands (MIL-C-1207)

•Asbestos Packing Cloth (MIL-P-1233)

•Asbestos Sheet, Hard (MIL-A-1383)

•Asbestos, Block and Pipe-Covering, up to 750°F (NAVSPEC

HH-I-561c)

•Packing Material, Asbestos, Metallic Cloth, Sheet and Tape

(NAVSPEC HH-P-31b)

•Packing; Asbestos, Sheet, Compressed (NAVSPEC HH-P-46b)

•Tape, Insulating, Asbestos (NAVSPEC 17T14)

•Gaskets, Boiler, Metallic-Asbestos (NAVSPEC 33-G-11)

•Electrical Asbestos Board (NAVSPEC 17-I-6)

•Gaskets (NAVSPEC 33-G-2)Bobbie R. Bailey, Howard Rome Martin &

Ridley, LLC

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1.1. The Navy Knew More

The Navy Knew More About Asbestos Than

About Asbestos Than Nearly Every Entity in

Nearly Every Entity in

AmericaAmerica2.2. The Navy Exercised Strict

The Navy Exercised Strict

Control Over its

Control Over its Employees, Vendors and

Employees, Vendors and

SuppliersSuppliers3.3. The Navy Was the Master

The Navy Was the Master

of its Own Destiny. The

of its Own Destiny. The

Choices in These Cases

Choices in These Cases

Were The Sole Province of

Were The Sole Province of

The United States Navy.

The United States Navy.Bobbie R. Bailey, Howard


Date post:	04-Jul-2015
Category:	Documents
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Your Way, My Way And The Navy Way

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