Cerkez v Allied - iapps.courts.state.ny.us

Exhibit B

FILED: NEW YORK COUNTY CLERK 05/24/2017 05:38 PM INDEX NO. 190252/2015

NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 05/24/2017

Rabinovitz Consulting, Inc.

14712 Botany Way

N. Potomac, Maryland 20878

May 22, 2017

Mr. Jeffrey Fegan, Esq.

Clyde & Co. US LLP

The Chrysler Building

405 Lexington Ave

16th

Floor

New York, NY 10174

RE: Carilli, Roger v. Jenkins Bros.

Dear Mr. Fegan:

I have been asked to review materials for the above referenced case and to provide an

expert opinion regarding Mr. Roger Carilli’s alleged exposure to asbestos from working with

valves, some of which were possibly made by Jenkins Bros. Claims have been made Mr. Carilli

was exposed to a dose of asbestos from various sources including gaskets and packing in valves

some of which may have been supplied by Jenkins Bros. which increased his risk of developing

stomach mesothelioma. The materials that I have reviewed include the following:

Plaintiff’s Responses to Defendant’s Fourth Amended Standard Set of Interrogatories and

Request for Production of Documents;

Deposition of Roger J. Carilli, Vol. I dated December 15, 2015;

Deposition of Roger J. Carilli, Vol. II dated December 16, 2015; and

Deposition of Roger J. Carilli, Vol. III dated December 18, 2015.

DESCRIPTION OF EVENTS

According to Answers to Interrogatories Mr. Roger Carilli was born on November 20,

1944; diagnosed July 9, 2015 with malignant (stomach) mesothelioma; and he did not smoke or

use tobacco products.

Mr. Roger Carilli said in his deposition he attended and graduated from Roosevelt High

School in Yonkers, New York in 1963. Mr. Carilli stated he worked part-time after school and

on weekends for 2 ½ years (1961-1963) at a Shell Gas Station in Yonkers pumping gas and

helping mechanics maintain vehicles including replacing brakes and oil and repairing tires. He

stated the gas station had six pumps on two islands and he spent the first year mainly pumping

gas. However, within a few months he started doing brake jobs in the mechanic area of the gas

station. He stated that the station had two bays with both mechanical and hydraulic lifts which




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he used to work on passenger vehicles. He stated that during mild weather they kept the bay

doors opened and did not recall any ventilation system in the mechanical area. Mr. Carilli said

that when he replaced brakes at the gas station, he used compressed air to blow debris from the

brake assembly. He stated he sanded the friction linings of the replacement brakes before

installing them in vehicles.

After graduation from high school, Mr. Carilli stated he was a helper at Larry Ampel

Plumbing and Heating from 1964 to 1966 where he would “pick up materials, bring materials to

jobs, chopping off old asbestos insulation and remove insulation for plumbers to repair/fix

equipment and then to clean up.” He believed he was exposed to asbestos when working on

boilers from removing asbestos insulation around the burners, removing the burners and then

replacing the insulation. As a helper, he said he did all the preparation work for a job. He stated

he used a Johns Manville asbestos insulation powder when re-insulating boilers. He said it came

in a brown bag with red lettering and mixed with water to create a cement. He stated he worked

on large commercial sized boilers manufactured in multi-family apartment buildings throughout

the Bronx.

He also believed he was exposed to asbestos when repairing piping from cutting pipe

covering off pipes and later replacing the covering. He believed they used Owen Coring

replacement covering. He stated the replacement coverings came in cardboard boxes containing

24 pieces to a box. He stated most of the work he did with Larry Ampel consisted of boiler pipe

repairs. Mr. Carilli stated he also worked on pumps, valves, and steam traps which were

removed, repaired and sometimes replaced. He claimed some of the valves were made by

Jenkins and he replaced some gaskets and packing when working with those valves. He stated

he did not recall the manufacture of gaskets or packing removed from these pieces of equipment;

and believed they used OEM replacement parts.

From 1966 or 1967 until 1973, Mr. Carilli stated he worked for his uncle, Mr. Anthony

Carilli, where he (Mr. Roger Carilli) was a helper, plumber and mechanic. For the first four

years, he stated he was a helper where he picked up material, performed demolition, cleaned up

and did small plumbing repairs on boilers and heating equipment. He stated he did not recall any

specific locations where he worked and claimed they mostly worked in apartment buildings (80-

100 families) or small residential multi-family (2-3 families) homes. He believed he was

exposed to asbestos from working with boilers, pumps, and steam traps.

When replacing a boiler, he stated he worked on burners and removed the asbestos

insulation from the front of the boiler, and a mechanic would remove the burner itself. After the

mechanic installed a new burner, he would re-insulate the face of the furnace with an asbestos-

containing material. He stated he often replaced repaired or replaced pumps, valves, steam traps,

and piping when working on boiler systems.




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He stated they repaired steam traps by opening them and replacing the internal parts. He

said they had to replace the cover gasket which involved scraping the old gasket from the metal

sealing surfaces and using replacement gasket to seal the cover over the body of the trap.

When replacing valves, he said they would chop off any old hard insulation material,

unbolt the valve, remove the valve, removed all remaining old gasket material, install a new

valve, replace the flange gaskets and re-bolt the valve into the piping at the flanged connections.

He stated he did not recall the manufacturer of any of the flange gaskets he removed or installed.

He stated the flange gaskets varied in size depending on the pipe and valve sizes.

When replacing a pump, he stated he separated the pump for the flanged connections and

removed the flange gaskets including scraping any residual gasket material on the sealing flange

surfaces. He would then install the new pump by inserting the flange gaskets and securing the

flanged connections with bolts. Mr. Carilli stated he did not know the manufacturer of the

gaskets removed or installed in pumps.

When repairing pipes, he stated they would cut a section of insulation where the pipe was

being replaced, cut out the section of pipe, rethread the new pipe, install it and reinsulate the

piping. He stated he did not know the manufacturer of the insulation removed and they used

Owens Corning replacement insulation.

From 1970 until 1974, Mr. Carilli stated he was a mechanic while working for his uncle,

Mr. Anthony Carilli, as a mechanic where he repaired and replaced pumps, boilers, steam traps,

and valves. He stated he dismantle and install complete units although he did not recall specific

locations that he did jobs. However, he said he worked in similar types of apartment buildings,

multifamily units and residential homes the same geographical area, and had a helper assigned to

work with him on jobs. He believed he was exposed to asbestos from replacing packing on jobs,

but did not recall specific manufacturers of the packing he handled.

As a mechanic, Mr. Carilli stated he removed insulation on boilers. He stated they used a

John Mansville power insulation that he mixed with water to form a mud which he then applied

to insulate the boiler. He stated he helped his helper clean the area after replacing a boiler. He

stated they did not wear respiratory protection when cleaning debris left from replacing boilers.

Mr. Carilli stated he was self-employed from 1974 until 2013 and his business was called

Plumbing and Heating Contracting Corporation, (PHC). He stated he mostly worked alone, had

one full-time employee and his son intermittently also worked in his company. He stated that

PHC was a subcontractor to property management companies where they repaired boilers,

piping, valves, steam traps, pumps, water pipes and domestic water piping. He recalled having

jobs at three specific locations: The Crestwood Lake Apartments, Midland Gardens/Terrace and

Nehemiah.




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Mr. Carilli stated he ordered materials used in his company’s jobs. He stated he

purchased his materials from Burack Plumbing Supply in Yonkers, New York and he used OEM

replacement materials.

He stated the Crestwood Apartments were multi-family rental units with 1100 families

and he worked there intermittently on jobs that could take two days from 1975 until 1985. He

believed he was exposed to asbestos from the covering on the boilers, working on valves and

pumps, and replacing steam traps. He stated he did not know who made the equipment he

worked on, other than saying he worked with six Federal Boilers located in five boiler rooms.

He stated they were different sizes and the largest was a 4-5 million BTU unit.

Mr. Carilli believed he was exposed to asbestos from replacing heating mains in crawl

spaces where he was required to remove asbestos pipe covering to access the piping in the crawl

spaces. He stated it took him from ½ to 1 day where he removed anywhere from 10 to 100 linear

feet of piping. He stated he cut off the insulation to remove and did not recall who made the

insulation he removed. He said he used Owens Corning replacement insulation.

Mr. Carilli stated he worked at the Midland Gardens/Terrace complex from 1975 until

1977 which had 1000 families in 3 apartment buildings. He stated he worked at that location

intermittently spending from a couple of hours to a full day at jobs at the site. He stated that

most work was general plumbing repairs and he did no heating or boiler work. He believed he

was exposed to asbestos from removing insulated water piping when doing plumbing repairs.

Mr. Carilli recalled replacing boiler controls for the single 6-floor building which took a

week and one-half to complete at the Nehemiah Co-op in 2006. He stated two McDonnell Miller

boilers in a boiler room which were 40 feet by 30 feet in size and ground level. He stated that he

removed the existing controls and replaced with new identical controls for the automatic feed

and regulation of the low water cut-off switches. He believed he was exposed to asbestos from

removing the pipe covering to access the controls.

Mr. Carilli stated he worked sporadically at the Greystone Number Four and Number

One Co-ops in Yonkers which had 80 families. He said he was there, at times from a couple of

hours per day to 8 hours a day. He stated he was hired to perform general plumbing repairs on

domestic hot and cold water lines and the drainage system. He stated he replaced heat pumps,

circulators and valves in the boiler rooms. He stated there were 2 boiler rooms in Greystone

Number Four and 1 boiler room in Greystone Number One. He stated he worked throughout the

complex and the piping sizes varied. He stated he purchased materials from Burack Plumbing

Supply and he was not aware of any product information of gaskets or packing he removed.

Mr. Carilli stated he used the same general procedures when working on boiler, valves,

steam traps and piping repairs while working with Larry Ampel as he previously described. He

stated that he worked at other locations from 1990 until 1995, 2000 and in 2001 as a




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subcontractor for a management company where he did general plumbing repairs. He did not

believe he was exposed to asbestos when working during this time period.

Mr. Carilli stated that he repaired and replaced many valves some of which could have

been manufactured by Jenkins Brothers, but could not say where he worked with any Jenkins

valves. He stated he did not know the maintenance history of any Jenkins valves he worked on.

He stated he could not say how many hours spent working on Jenkins valves or the number of

Jenkins valves he worked compared to valves made by other companies. He stated the Jenkins

valves were a combination of flanged gate valves, OS&Y valves, non-rising stem valves and

threaded valves. He stated he performed the same work and followed the same processes when

working on these valves. He stated the threaded valves he worked on had no gaskets. He stated

the valves were made of steel where the smallest had a 3 inch diameter and the largest had an 8

inch diameter. He stated the 4 inch valve was anywhere from 75 to 100 pounds in weight.

Mr. Carilli stated the Jenkins valves were in hot water or steam heating systems and on

boilers and were attached to piping hangers or supports. He recalled the Jenkins names were

embossed on the valve and they were usually rated at 125 psi. He stated the packing and gasket

removal and replacement when working on the valves were the same throughout the jobs he

performed.

Mr. Carilli stated that he did not know the number of times he removed flange gaskets

from Jenkins valves, but would replace both flange gaskets on a valve at the same time. He

stated he used a wire brush to clean residual gasket material from the sealing surfaces, and did

not request the replacement gaskets be made by a specific manufacturer. He believed he

removed OEM packing from Jenkins valves. He stated the packing was located in the upper

portion of the valve where the stem protrudes out of the valve. He stated the old packing was

dark in color, hard and had to be chipped out with a small pick. He stated he wore gloves when

removing old packing from valves. He did not know the percentage valves that he repaired leaks

versus the number of valves he replaced.

Mr. Carilli stated that he performed home improvements which involved dry wall

demolition and installation. He stated that at his 117 Jennifer Lane home where he lived from

1969-1999 he renovated the kitchen (12’ x 15’) and two bathrooms (5’ x 7’each) over a 2-month

period. He believed he was exposed to asbestos from working with sheetrock, joint compound

and drywall tape. He stated he performed this work at night during the week and on the

weekends.

EXPERT OPINION

While in high school, Mr. Roger Carilli worked part time at a Shell Gas station in

Yonkers where he claimed he pumped gas and helped with mechanical work including replacing

brakes. He then spent the remainder of his working career in the heating and plumbing trade.




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Initially (1964-1966), he was a helper with Larry Ampel’s plumbing business and then worked

with his uncle Anthony Carilli (1967 until 1974) where he continued to learn the plumbing trade

before running his own business, Plumbing & Heating Contracting Corp (PHC) from 1974 to

2013.

As a heating and plumbing helper, Mr. Carilli picked-up materials, brought materials to

jobs, chopped off old asbestos insulation and removed insulation so plumbers could work on

equipment and then cleaned-up. He stated he mix a powdered asbestos including with water to

form a mud used to insulate equipment and piping. As a heating and plumbing mechanic, Mr.

Carilli stated he worked on heating equipment which included repairing and replacing valves,

steam traps, and pumps. He worked on boilers which included removing, repairing and

installing complete units. The work generally involved removing and installing insulation. When

removing insulation, he said he cut it to facilitate removing it.

He generally did not recall specific locations he worked as a mechanic, but many

locations were apartment buildings, multifamily units and residences. He stated he did not wear

respiratory protection while working or when cleaning.

While operating his own plumbing and heating company, Mr. Carilli stated he continued

to repair boilers, piping, valves, steam traps, pumps, water pipes and domestic water piping as a

sub-contractor for property management companies. Mr. Carilli stated he was responsible for

the ordering and purchasing materials in his company. He stated he purchased OEM

replacement materials from a plumbing supply facility.

Mr. Carilli worked on valves made by different companies including Jenkins were used

in hot water or steam heating systems and on boilers. He said they were sometimes attached to

piping with flanged connections that required flange gaskets. He said some were attached to

piping with threaded connections, and claimed those Jenkins valves had no gaskets. Thus, he did

not say he replaced any bonnet gaskets in those Jenkins valves. He did not claim to have

removed any flanged gaskets used to initially install any Jenkins valve as he did not know the

maintenance history of any Jenkins valve he replaced or repaired. He claimed he got

replacement gaskets and packing from supply facilities who said they provided OEM parts.

However, there was no testimony the supply houses provided OEM parts obtained from the

factory making Jenkins valves. He did not know how many Jenkins valves he repaired or

replaced or generally where such work may have occurred.

Mr. Carilli said he replaced gaskets and packing in valves using the same procedures

during time he worked in the trade. He stated the packing was located in the upper portion of the

valve where the stem protrudes out of the valve. He stated the old packing was dark in color,

hard and had to be chipped out with a small pick. He stated he wore gloves when removing old

packing from valves. Mr. Carilli stated that he did not know the number of times he removed




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flange gaskets from Jenkins valves, but would replace both flange gaskets on a valve at the same

time. He stated he used a wire brush to clean residual gasket material from the sealing surfaces,

and did not request the replacement gaskets be made by a specific manufacturer.

Mr. Carilli said he sometimes removed some insulation from valves to repair or replace

them, but did not specifically say he ever removed or installed any insulation on a Jenkins valve.

When repairing Jenkins valves, he said he replaced the packing, but did not claim to have taken

the valves apart.

Based on the following information:

No testimony Mr. Carilli ever removed or installed insulation on a Jenkins valves and

valve companies generally do not recommend or provide insulation for their products;

No testimony Mr. Carilli ever removed any packing or gaskets from a Jenkins valve that

was either installed at the factory or provided with a new Jenkins valve. Mr. Carilli did

not know the maintenance history of any Jenkins valve he may have worked on. Valve

companies generally do not recommend or supply flange gaskets for their valves that are

attached to piping with flanged connections; and

No testimony Mr. Carilli installed any replacement sealing materials in Jenkins valves

that were supplied by Jenkins. While he claimed he used OEM replacement parts, he

obtained them from supply houses which generally do not get replacement sealing

materials for valves from the manufacturer,

there is no basis to conclude Mr. Carilli was exposed to any asbestos from asbestos-containing

sealing material which may have been used with Jenkins valves that were supplied by Jenkins.

Regardless, even if Mr. Carilli had, at times, replaced some asbestos-containing packing

and gaskets on some Jenkins valves while working as a plumber and heating mechanic, I have

concluded within a reasonable degree of scientific certainty that Mr. Carilli would not have been

exposed to a dose of asbestos, if any, that would increase his risk of developing mesothelioma

from any asbestos-containing sealing materials used in Jenkins valves. When installing new

Jenkins valves, he would not have exposed to any asbestos from the valve itself and if the valve

was attached to piping with flanged connections, Jenkins generally did not supply flange gaskets.

As mentioned, valve companies did not generally supply flange gaskets used in

connecting flanged valves to piping and sheet gasket material sometimes used as internal

replacement gaskets. The asbestos dose that Mr. Carilli potentially could have received even if

he, at times, replaced any sealing materials in some Jenkins valves is insignificant compared to

the amount required to increase the risk of developing mesothelioma.




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Chrysotile asbestos, the form of asbestos that would have been used in any asbestos-

containing gaskets or packing used in Jenkins valves in steam and hot water systems, has been

shown in valid epidemiological studies to have little, if any, potential for increasing the risk of

developing mesothelioma.1,2,3

In this case, claims have been made Mr.

Carilli had stomach

mesothelioma. While asbestos bodies have been seen in human stomach tissue and in other sites

in the gastrointestinal tract, the limited available evidence does not indicate that asbestos is

carcinogenic to the stomach. While there is some evidence suggesting asbestos may increase the

risk of developing stomach cancers, it is inconclusive and sufficient to infer a causal relationship

between asbestos exposure and stomach cancers.4 Epidemiological studies have shown that full-

time vehicle mechanics who as part of their work replace brakes and gaskets are not at increased

risk of developing asbestos-related diseases.5,6,7

Vehicle mechanics would be exposed to far

more chrysotile asbestos from their work than would Mr. Carilli from being possibly replacing

any sealing material in some Jenkins valves assuming the gaskets and packing even contained

asbestos.

Further, a toxicological study was conducted where rats were exposed to chrysotile

asbestos and a separate group of rats were exposed to crocidolite asbestos. A separate group of

rats were exposed to filtered air and served as the control group. The rats were exposed to

concentrations of asbestos far higher than the exposures normally associated with working with

raw asbestos and asbestos-containing products under normal conditions. The rats were exposed

continuously for six hours a day. While the rats were only exposed for five days, their total

exposure dose would likely be far higher than the total exposure dose experienced by many

trades working with various asbestos-containing products such as sealing materials, roofing

materials, flooring materials and a number of other asbestos-containing products for long periods

of time.

The results of the study where the rats were followed for a year after the exposure period

ended found the chrysotile asbestos was cleared from the lung tissue fairly rapidly and the

crocidolite asbestos was not cleared even one year after the exposures. Further, while the

crocidolite asbestos caused a rapid inflammatory response both in the lung parenchyma and the

pleura, no such responses occurred from the inhalation of the chrysotile asbestos. Also, no

chrysotile was found the mediastinal lymph nodes, but long crocidolite fibers were found

imbedded in the diaphragm with activated mesothelial cells immediately after the rats finished

being exposed.8, 9

During part of the time Mr. Carilli may have handled some Jenkins valves, the

occupational health community would not have considered the limited involvement with Jenkins

valves in foreseeable ways would result in exposure doses to asbestos that would increase his

risk of developing any asbestos-related disease. In fact, later studies documented that limited

replacement of chrysotile sealing materials using foreseeable methods would not result in

exposures to a harmful dose of asbestos.




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If his claimed mesothelioma occurred from excessive exposure to asbestos, then it would

have come from exposure to an excessive dose of amphibole asbestos. While the threshold dose

of amphibole asbestos required to increase the risk of developing pleural mesothelioma is not

known, it is known that it is well below doses of asbestos required to increase the risk of

developing other asbestos-related diseases. Thus, it is not always possible to identify the source

of the amphibole exposure that increased Mr. Carilli’s risk of developing mesothelioma. While

there is no potential for amphibole exposure from replacing and repairing valves used in steam

and hot water systems, Mr. Carilli stated he removed and installed asbestos-containing thermal

insulation while working as a plumber and heating mechanic. Although the bulk of land based

asbestos insulation was chrysotile, some amphiboles were used. Thus, when looking for the

source of Mr. Carilli’s excessive amphibole exposure, his work with thermal insulation is a

possible source of such amphibole exposure.

This opinion is based on my education and over 45 years of experience as an industrial

hygienist and toxicologist. My experience includes evaluation of health hazards in power

stations, vehicle repair facilities, foundries, hospitals, office buildings, apartment buildings, steel

mills, manufacturing facilities and shipyards. It also includes evaluations of pneumoconiosis-

producing dusts, such as asbestos. As a consultant and former manager of health and safety for

the U.S. Environmental Protection Agency, I have evaluated asbestos hazards in buildings and

industrial environments to determine asbestos health hazards from use of asbestos-containing

materials (ACMs) used as decorative building materials, friction materials, cements and

insulation materials. I have collected over 1,000 asbestos bulk and air samples in a variety of

situations.

I have specifically collected air samples while various ACMs were being handled, used

and removed, which included floor tile, transite, and other encapsulated materials, refractory

insulation materials and cement for furnaces and other equipment in foundries and steel mills,

brake linings, as well as thermal insulation used in pipe covering.

Based on over 45 years of experience in the industrial hygiene field, and knowledge of

the literature regarding the health hazards of asbestos, I am familiar with the findings and

conclusions of researchers in the field of occupational health regarding asbestos health hazards

and of the practices of occupational health professionals with respect to safeguarding workers

from harmful asbestos products. The following discussion sets forth the basis for my opinions.

ANALYSIS

Asbestos in Gaskets and Packing

Gaskets usually consist of flat compressed sheets of fiber materials encapsulated with

resins. They are used in numerous types of equipment, including valves, to prevent fluid from

leaking between two stationary surfaces. Packing materials are used to prevent fluid leakage




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between moving surfaces such as valves and the axle of a pump. Many valves use rubberized

and Teflon materials to encapsulate the asbestos materials in certain applications.

Because of its tensile strength, resilience and temperature resistance, asbestos has been

used extensively as the mineral fiber in gaskets. Some gaskets were composed of a high

percentage of asbestos encapsulated with an organic resin to form a non-friable product. They

are used in valves to form seals so liquids and gases will not escape even when under pressure

and increased temperature. Some gaskets are enclosed in metal either partially or fully and thus

there would be no potential for any asbestos to be emitted from those types of gaskets. Both

gaskets and most packing are non-friable, meaning the material will not crumble under hand

pressure. By being bonded in a matrix, asbestos fibers are not emitted when handling new

gaskets and packing materials. Packing also contains cements and saturants. A saturant is

usually a thicker fluid or wax that soaks into the fibers and then fills the structure and solidifies.

Mr. Carilli did not recall the number of Jenkins valves in which he claimed to have

replaced sealing materials in Jenkins valves. Even if Mr. Carilli had replaced some asbestos-

containing sealing materials in some Jenkins valves as he described, he would not have been

exposed to harmful levels of asbestos, as the removal of old gaskets can be accomplished with

little or no potential for asbestos fiber airborne emissions due to the common use of parting

compounds facilitating the removal of gaskets; size of the gaskets; methods used removing

gaskets; and the degree of ventilation when gasket replacement operations might occur.

Packing is usually a fiber-braided product that is coated or saturated with a lubricant.

Packing also contains saturants and cements to hold the materials and fibers together. The

packing comes in pre-cut strips to fit the application. For packing used in valves in ships that

does contain asbestos, it would be chrysotile asbestos. Some packing contains Teflon coatings

and in some products the asbestos strands are coated with Teflon.

In replacing a gasket, the joined parts are first separated. The separation of the two parts

would expose the gasket, which usually would adhere to one of the surfaces or the other.

Sometimes it will adhere to both surfaces and some tearing occurs when the parts are separated.

At this point, the gasket still maintains its integrity and little fiber release would occur. Prior to

replacing the parts together using a new gasket, the old gasket must be removed from the mating

surfaces. Most of the gasket pieces can be removed by hand and come off in large pieces. At

times, pieces will stick to the surface and have to be removed with a blade or screwdriver. Hand

tools are usually used so that the metal surface will not be damaged. If power tools such as

electric or air powered grinders are used, they would most likely alter the level surface of the

sealing surface and even when a new gasket is installed, it would leak. Mr. Carilli did not say he

replaced internal gaskets in Jenkins valves.

Some fibers can be released from the embedded matrices from gaskets when they are

made into specific shapes such as for sealing flanges, valves or pumps. Blades are used to cut

the gasket along the outer and inner edges of the surfaces to be sealed, and a ball-pein hammer is




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often used to make holes where bolts and nuts will be used to hold the two surfaces in place

against each other. Typically, the emissions are quite low because the cutting action does not

separate the fibers from the resin matrix in which the fibers are coated. The use of rubberized

and Teflon binders would also ensure fibers are held in the matrix during cutting operations. The

same holds true for packing, which is only cut, and the lubricant basically prevents the vast

majority of those fibers that may become separated from the matrix from becoming airborne.

Valve manufacturing companies generally do not provide sheet gasket material or rolls of

packing.

Use of Asbestos in Valves

As original gaskets on valves would likely have had non-stick coatings or a parting

compound, only hand tools would be needed to remove the gasket, ensuring that only

insignificant amounts of asbestos fibers are generated into the air. At times a soft wire brush is

often used and may be connected to a drill in removing pieces of gaskets adhering to the metal

surface.

Packing materials are used to prevent fluids from around certain rotating elements on

valves. The packing must be tight to prevent fluid leakage but not so tight as to prevent the shaft

from turning or ruining the packing. Packing provides a seal where the stem passes through the

body of the valve to turn the gate, ball or other device used to control flow through the valve.

The packing, as mentioned, comes in strips where the ends are placed together to form a ring.

The ring is then pushed around the shaft or stem of a valve. Several packing rings are generally

installed.

When the valve is observed to be leaking excess fluid from the ends of the shaft or stem

which cannot be reduced by readjusting, the packing is replaced. The gland is removed from the

shaft, and the packing rings are generally pulled out one by one with a corkscrew device. The

end of the corkscrew is pushed into the pliable packing ring and then twisted into the packing to

make a firm connection. The corkscrew is then pulled out with the ring connected to it. Usually,

the packing is still moist and the twisting of the corkscrew device and the pulling out of the ring

does not emit a significant level of fibers. For the most part, any fibers that would be released

from the packing would become caught in the lubricant or fluids surrounding the packing.

Industrial Hygiene Survey Experience in the Gasket and Packing Industry

The preceding analysis of the factors affecting asbestos emissions from installing and

removing gaskets and packing from valves suggests low exposures. While no exposure to

asbestos would have been expected from installing preformed gaskets, the following discussion

describes the quantitative numbers associated with exposures that have come from air sampling

studies of complete gasket replacement operations and a packing replacement operation.




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It has been known for many decades that high exposure to asbestos can cause serious

fibrotic pulmonary disease. Environments where such high levels of exposure might occur

would be in textile mills and plants where raw asbestos is used to formulate certain asbestos

products. Virtually no measurements were taken to characterize worker exposures to asbestos

from handling gaskets until the last 35 to 40 years. This is because prior to the recognition that

asbestos may cause cancer at lower exposure doses than were required to cause asbestosis, there

was no concern that working with gaskets could result in hazardous exposures. When the

carcinogenicity of asbestos was recognized, occupations where asbestos materials were used but

not thought to be a problem were evaluated through air sampling. This is also the case for

gaskets. Even a longer period of time elapsed before any studies were conducted to determine

asbestos exposures from replacing packing.

The United States Navy conducted a number of studies on asbestos emissions associated

with various products used including gasket replacement, and Mr. Carl Mangold, an industrial

hygienist, participated in that effort and continued conducting studies on gaskets and asbestos

emissions as a consultant.10,11,12,13,14,15,16,17

He measured employee exposures to asbestos as they

conducted simulated operations of gasket replacement primarily in pipe flanges. Both breathing

zone and area samples were taken. The results of those studies showed that workers would be

exposed to less than 0.01 fiber/cc that are greater than five (5) microns in length. Fibers less than

five (5) microns in length have been shown not to have the toxicity associated with longer

fibers.18,19

These results would be considered time-weighted average (TWA) results and not peak

samples. While the exposure during the actual removal and installation of the gasket would be

somewhat higher, the risk of developing an asbestos-related disease would be based on the total

dose, which is more accurately characterized by the full-shift TWA exposure level. The number

and size of gaskets handled during these tests would be greater than the number and size of

gasket changes that would occur on a given day while repairing a valve. This is because the time

working with gaskets on a valve is less than the time to replace gaskets on flanges when a

number of pipes are being connected during a given shift.

While many of Mr. Mangold's analyses were by phase contrast microscopy (PCM), some

of his samples were analyzed by transmission electron microscopy (TEM). The sensitivity of the

PCM method is limited to counting fibers greater than five (5) microns in length and those not

having an extremely small diameter. Also, PCM counts all fibers present whether they are

asbestos fibers or not. TEM analysis can differentiate asbestos fibers from other types of fibers

and can also detect small and narrow diameter asbestos fibers not seen with PCM. Actually, his

studies tended to show that the TEM results were lower for longer fibers than the PCM results;

shorter fibers are not considered to be as potentially toxic as the larger fibers. Studies conducted

by the National Institute for Occupational Safety and Health and the National Cancer Institute

have shown that short asbestos fibers have reduced toxicity including the potential for causing

cancer.




May 22, 2017

Page 13 of 20

Several other studies to determine employee exposures while replacing asbestos-

containing gaskets have been conducted by consultants at the request of gasket manufacturers

and other entities. These studies were conducted by Rossnagel & Associates,20

McCrone

Environmental Services, Inc.21,22

and Neilson Associates.23

These samples included both

breathing zone and area samples taken while typical gasket replacement operations took place.

These studies were conducted in rooms with limited air changes per hour. A similar study was

conducted by Mr. Frederick Boelter to determine employee exposures associated with replacing

packing. The results of his studies showed that employees replacing packing containing asbestos

would not be exposed to harmful levels.24

The results of these studies showed that almost all samples were less than 0.1 f/cc.

Exceptions occurred when wire brushing operations were used to clean metal surfaces to remove

stuck gasket material. In one study, a level of 0.196 f/cc was found, although it was not an eight

hour TWA level. These studies were analyzed using PCM. These results complement the

Mangold studies conducted for the Navy. Mr. Mangold conducted a wire brushing study and

found that the TWA exposure was 0.132 structures per cc counting all fibers, and 0.024

structures per cc counting fibers greater than five microns in length.

Knowledge of Asbestos Hazards in the Past

The knowledge of asbestos hazards has evolved over decades as science and technology

developed. Below is a general statement of my opinions based upon my own experience,

education and training as well as reviewing the literature.

Although there were some previous case reports associating high levels of exposure to

asbestos and pulmonary fibrotic disease, beginning in the 1930s, health professionals in the

United States and England, including a study by Merewether and Price in England, demonstrated

that high levels of asbestos exposures in manufacturing settings where raw asbestos was used

could put the workers at risk of developing a fibrotic lung disease known as asbestosis. The

Merewether and Price study showed that the incidence of fibrotic disease was related to dose by

looking at exposure conditions and length of exposure and comparing it to the incidence of

disease. By noting that asbestosis was dose dependent, they recommended a series of

engineering controls consisting of mechanical ventilation and work practices including using wet

methods to reduce worker exposures. They concluded that with the reduction of exposures

expected with the implementation of controls, it would be expected that there would be almost a

total disappearance of the disease. While there were a number of specific recommendations to

control exposure, no recommendations were made regarding changing clothes. In a 1934 article

by Wood and Gloyne, they concluded that with the implementation of controls to reduce the

concentration of asbestos in the workplace where raw asbestos was used, “There is thus good

reason to believe that the disease is now under control.”




May 22, 2017

Page 14 of 20

Additionally in 1938, the United States Public Health Service recommended an exposure

limit for asbestos of five (5) million particles per cubic foot (mppcf), which is roughly 30 fibers

per cubic centimeter (30 f/cc), which was thought would protect workers from being at risk of

developing asbestosis. The USPHS exposure recommendation was adopted in the 1940s by the

American Conference of Governmental Industrial Hygienists as a threshold limit value (TLV)

for asbestos exposure. The ACGIH rated the effects of exposure to a given particulate by

placing a dust in one of two categories. Highly toxic dusts such as lead and beryllium were

categorized as toxic dusts while dusts such as asbestos where significant exposures for extended

periods of time were required to cause disability were categorized as mineral dusts. Precautions

to prevent additional exposures to workers of highly toxic dusts when away from the workplace

were recommended during this time period. Precautions such as changing clothes were

recommended when working with highly toxic dusts, but were not considered necessary during

this time period for mineral dusts. Additionally, following the 1938 USPHS recommendation,

various states also adopted the 5 mppcf exposure limit as a workplace exposure standard.

In 1946, Fleischer and Drinker conducted a study in Naval shipyards to determine the

relationship between asbestos exposure and incidence of disease. They concluded that

conclusions regarding health impacts associated with high exposures when working with raw

asbestos such as the textile mills investigated by Merewether and Price cannot be used to

describe health implications to workers handling finished asbestos products such as used in their

shipyard study. They concluded that the pipe covering trade would not be considered a

dangerous occupation.

In the mid-1950s, Dr. Doll published a study involving workers with severe asbestosis in

manufacturing facilities where high asbestos exposures had not been reduced by industrial

hygiene controls some of which developed lung cancer in association with asbestosis. These

high exposures occurred prior to the time when controls recommended by Merewether and Price

had not yet been implemented. Dr. Doll commented that the risk of lung cancer was associated

with workers exposed to the high concentrations that existed prior to controls and that with the

implementation of such controls, the risk of developing lung cancer has become progressively

less with the introduction of controls. Further, the presence of asbestosis was seen in all cases

where lung cancer occurred.

The first large scale epidemiology studies of persons working with finished asbestos-

containing products (as opposed to workers in manufacturing settings working with raw

asbestos) that showed an increased risk of asbestosis and lung cancer was done by Selikoff et al

in the mid-1960s with a cohort of asbestos insulators. Their findings contradicted those of a

1946 large scale study of naval shipyard insulators which had shown no excess risk of asbestos

disease in insulators who had exposures below 5 mppcf. Years after the publication of the

Selikoff papers in the mid-1960s, the ACGIH proposed lowering the asbestos TLV from 30 f/cc

to 12 f/cc and numerous scientists began researching the health effects of asbestos-containing

products.




May 22, 2017

Page 15 of 20

In 1972, the Occupational Safety and Health Administration (OSHA) promulgated their

first complete chemical standard, which was for asbestos. OSHA initially adopted the ACGIH

12 f/cc TLV as the asbestos exposure limited, and, shortly thereafter lowered the limit to 5 f/cc.

The limit has been lowered over the years to the current 0.1 f/cc. In 1979, Lee and Selikoff said

in an article that identifying the scope of the hazards of asbestos seem evident now with

hindsight, but based on scattered reports and case studies that existed in the past, it was not

sufficiently credible to be entirely convincing.

CONCLUSIONS

While in high school, Mr. Roger Carilli worked part-time at a Shell Gas station in

Yonkers where he claimed he pumped gas and helped with mechanical work including replacing

brakes. He then spent the remainder of his working career in the heating and plumbing trade.

Initially (1964-1966), he was a helper with Larry Ampel’s plumbing business and then worked

with his uncle Anthony Carilli (1967 until 1974) where he continued to learn the plumbing trade

before running his own business, Plumbing & Heating Contracting Corp (PHC) from 1974 to

2013.

As a heating and plumbing helper, Mr. Carilli picked-up materials, brought materials to

jobs, chopped off old asbestos insulation and removed insulation so plumbers could work on

equipment and then cleaned-up. He stated he mix a powdered asbestos including with water to

form a mud used to insulate equipment and piping. As a heating and plumbing mechanic, Mr.

Carilli stated he worked on heating equipment which included repairing and replacing valves,

steam traps, and pumps. He worked on boilers which included removing, repairing and

installing complete units. The work generally involved removing and installing insulation. When

removing insulation, he said he cut it to facilitate removing it.

He generally did not recall specific locations he worked as a mechanic, but many

locations were apartment buildings, multifamily units and residences. He stated he did not wear

respiratory protection while working or when cleaning.

While operating his own plumbing and heating company, Mr. Carilli stated he continued

to repair boilers, piping, valves, steam traps, pumps, water pipes and domestic water piping as a

sub-contractor for property management companies. Mr. Carilli stated he was responsible for

the ordering and purchasing materials in his company. He stated he purchased OEM

replacement materials from a plumbing supply facility.

Mr. Carilli worked on valves made by different companies including Jenkins were used

in hot water or steam heating systems and on boilers. He said they were sometimes attached to

piping with flanged connections that required flange gaskets. He said some were attached to

piping with threaded connections, and claimed those Jenkins valves had no gaskets. Thus, he did

not say he replaced any bonnet gaskets in those Jenkins valves. He did not claim to have




May 22, 2017

Page 16 of 20

removed any flanged gaskets used to initially install any Jenkins valve as he did not know the

maintenance history of any Jenkins valve he replaced or repaired. He claimed he got

replacement gaskets and packing from supply facilities who said they provided OEM parts.

However, there was no testimony the supply houses provided OEM parts obtained from the

factory making Jenkins valves. He did not know how many Jenkins valves he repaired or

replaced or generally where such work may have occurred.

Mr. Carilli said he replaced gaskets and packing in valves using the same procedures

during time he worked in the trade. He stated the packing was located in the upper portion of the

valve where the stem protrudes out of the valve. He stated the old packing was dark in color,

hard and had to be chipped out with a small pick. He stated he wore gloves when removing old

packing from valves. Mr. Carilli stated that he did not know the number of times he removed

flange gaskets from Jenkins valves, but would replace both flange gaskets on a valve at the same

time. He stated he used a wire brush to clean residual gasket material from the sealing surfaces,

and did not request the replacement gaskets be made by a specific manufacturer.

Mr. Carilli said he sometimes removed some insulation from valves to repair or replace

them, but did not specifically say he ever removed or installed any insulation on a Jenkins valve.

When repairing Jenkins valves, he said he replaced the packing, but did not claim to have taken

the valves apart.

Based on the following information:

No testimony Mr. Carilli ever removed or installed insulation on a Jenkins valves and

valve companies generally do not recommend or provide insulation for their products;

No testimony Mr. Carilli ever removed any packing or gaskets from a Jenkins valve that

was either installed at the factory or provided with a new Jenkins valve. Mr. Carilli did

not know the maintenance history of any Jenkins valve he may have worked on. Valve

companies generally do not recommend or supply flange gaskets for their valves that are

attached to piping with flanged connections; and

No testimony Mr. Carilli installed any replacement sealing materials in Jenkins valves

that were supplied by Jenkins. While he claimed he used OEM replacement parts, he

obtained them from supply houses which generally do not get replacement sealing

materials for valves from the manufacturer,

there is no basis to conclude Mr. Carilli was exposed to any asbestos from asbestos-containing

sealing material which may have been used with Jenkins valves that were supplied by Jenkins.

Regardless, even if Mr. Carilli had, at times, replaced some asbestos-containing packing

and gaskets on some Jenkins valves while working as a plumber and heating mechanic, he would

not have been exposed to a dose of asbestos, if any, that would increase his risk of developing

mesothelioma from any asbestos-containing sealing materials used in Jenkins valves because:




May 22, 2017

Page 17 of 20

Studies have shown that removing and replacing gaskets in pipe flanges for an entire

work shift and replacing packing does not result in hazardous levels of asbestos exposure,

and workers who intermittently work on pumps and valves would handle less gasket

materials than the persons working with flange gaskets for an entire shift;

Valve companies generally did not supply sheet gasket material often used to form

gaskets;

Valve companies generally did not provided flange gaskets be used in connecting their

equipment to piping;

Valve companies most likely would not have supplied or recommended insulation for

their equipment and Mr. Carilli never said any Jenkins valves were insulated;

Any gaskets and packing possibly containing asbestos in valves used in steam and hot

water systems would have been chrysotile which is more soluble in the lung than other

forms of asbestos and has been shown to have little, if any, potential for increasing the

risk of developing mesothelioma in several valid epidemiology studies. In this case,

claims have been made Mr. Carilli had stomach mesothelioma. While asbestos bodies

have been seen in human stomach tissue and in other sites in the gastrointestinal tract, the

limited available evidence does not indicate that asbestos is carcinogenic to the stomach.

While there is some evidence suggesting asbestos may increase the risk of developing

stomach cancers, it is inconclusive and not sufficient to infer a causal relationship

between asbestos exposure and stomach cancers.; and

Epidemiological studies have shown that vehicle mechanics who are exposed to doses of

chrysotile asbestos that are higher than Mr. Carilli could have possibly experienced even

if he worked on some Jenkins Bros valves are not at increased risk of developing

mesothelioma.

I reserve the right to modify my report if any additional information is provided to me. If

you have any questions, or if I can be of further assistance, please do not hesitate to contact me at

(301) 251-9349.

Sincerely,

Sheldon H. Rabinovitz, PhD, CIH

Certified Industrial Hygienist & Toxicologist

SHR/mks




May 22, 2017

Page 18 of 20

REFERENCE LIST

1 Liddell, F.D.K., McDonald A.D., and McDonald, J.C. “The 1891-1920 Birth Cohort of

Health of Quebec Chrysotile Mines and Clarks: Development from 1904 and Mortality to

1992,” Annals of Occupational Hygiene, 41 (1): 13-36, 1997.

2 Yarborough, Charles M. “Chrysotile as a Cause of Mesothelioma: An Assessment Based on

Epidemiology,” Critical Reviews in Toxicology, 36:165-187, 2006.

3 Berman, D.W. and Crump, K.S., “A Meta-Analysis of Asbestos-Related Cancer risk That

Addresses Fiber Size and Mineral type,” Critical Reviews In Toxicology, 38(S1), 49 – 73,

2008.

4 Asbestos Selected Cancers, Institute of Medicine of the National Academies, The National

Academy of Science, The National Academies Press Washington, D.C. 2006.

5

Rushton, L., M.R. Alderson and C.R. Nagarajah. “Epidemiological Survey of maintenance

workers in London Transport Executive Bus Garages and Chiswick Works,” British Journal

of Industrial Medicine, 40, 340-345, 1983.

6 Marcus, Kjell, Bengt G. Jarvholm and Sven Larsson. “Asbestos-Associated Lung Effects In

Car Mechanics,” Sc and J Work Environ Health, 13, 252-254, 1987.

7 Goodman, Michael. “Mesothelioma and Lung Cancer Among Motor Vehicle Mechanics: a

Meta-Analysis,” Annals of Occupational Hygiene Advance Access, May 17, 2004.

8 Bernstein, David M., et al. “Evaluation of the deposition, translocation and pathological

response of brake dust with and without added chrysotile in comparison to crocidolite

asbestos following short-term inhalation: Interim results,” Toxicology and Applied

Pharmacology, 276: 28-46, 2014.

9 Bernstein, David M., et al. “Evaluation of the fate and pathological response of the lung and

pleura of brake dust alone and in combination with added chrysotile compared to crocidolite

asbestos following short-term inhalation exposure,” Toxicology and Applied Pharmacology,

283: 20-34, 2015.

10

“The Actual Contribution of Airborne Asbestos Fibers to the Occupational Exposure of By-

standers during Selected Processing of Encapsulated Asbestos Gaskets” – Cutting Gaskets

with a Circular Cutter by Carl Mangold, CIH, of Environmental Control Sciences, Inc.,

Bellevue, WA, January 1989.




May 22, 2017

Page 19 of 20

11


standers during Selected Processing of Encapsulated Asbestos Gaskets” – Flange Face

Scraping with Putty Knife by Carl Mangold, CIH, of Environmental Control Sciences, Inc.,


12


standers during Selected Processing of Encapsulated Asbestos Gaskets” Gasket Cutting

with Hand Shears – by Carl Mangold, CIH, of Environmental Control Sciences, Inc.,


13


standers during Selected Processing of Encapsulated Asbestos Gaskets” – Gasket Cutting

with Ball Pein Hammer by Carl Mangold, CIH, of Environmental Control Sciences, Inc.,


14


standers during Selected Processing of Encapsulated Asbestos Gaskets” – Hand Wire

Brushing of Asbestos Gasket Residual from Flanges by Carl Mangold, CIH, of

Environmental Control Sciences, Inc., Bellevue, WA, January 1989.

15


standers during Selected Processing of Encapsulated Asbestos Gaskets” – Opening of Old

Flanges and Removal of Asbestos Gaskets by Carl Mangold, CIH, of Environmental

Control Sciences, Inc., Bellevue, WA, January 1989.

16

The Actual Contribution of Airborne Asbestos Fibers to the Occupational Exposure of By-

Standers during Selected Processing of Encapsulated Asbestos Gaskets, Power Wire

Brushing of Flange Faces, by Carl A. Mangold, CIH, Environmental Control Sciences, Inc.,

Bellvue, Washington, January 1989.

17


standers during Selected Processing of Encapsulated Asbestos Gaskets” – Scribing of

Gasket Materials by Carl Mangold, CIH, of Environmental Control Sciences, Inc.,


18

Stanton, Mearl F., Maxwell Layard, Andrew Tegeris, Eliza Clark, Margaret May, Elizabeth

Morgan and Alroy Smith. “Relation of Particle Dimension to Carcinogenicity in Amphibole

Asbestosis and Other Fibrous Minerals,” JNCL, 67, 5, 965-975, November 1981.




May 22, 2017

Page 20 of 20

19

Platek, S. Frank, David H. Groth, Charles E. Ulrich, Lloyd E. Stettler, Myra S. Finnell, and

Margrit Stoll. “Chronic Inhalation of Short Asbestos Fibers,” Fundamental and Applied

Toxicology 5, 327-340, 1985.

20

Report of Airborne Asbestos Contamination Tests during Disassembly & Wire Brushing of

Typical US Navy Steam Pipe Gaskets conducted at Flexitallic Gasket Co., Inc., Bellmawr,

NJ on August 13 & 14, 1984, Test Report #18,828, prepared by Rossnagel & Asso., Report

issued September 13, 1984.

21

Technical Report for Garlock, Inc., Occupational Exposures During Processing, Handling,

Installation and Removal of Garlock Asbestos-Containing Gaskets by McCrone

Environmental Services, Inc., June 3, 1985.

22

Occupational Exposure of Asbestos During Gasket Handling and Processing at Anchor

Packing Co., Marietta, GA, by McCrone Environmental Services, Inc. Norcross, GA, Project

# ME-5396, October 12, 1988.

23

An Evaluation of Potential Occupational Exposure to Airborne Asbestos Fibers Encountered

During Installation and Removal of Asbestos-Containing Gaskets, Garlock Inc., Palmira,

NY, Gasket Type 604, by Neilson Asso., West Chester, PA, April 1, 1982.

24

Boelter, Fred W. and Crawford, Gary N. “Fiber Rates from Asbestos-Containing Gaskets and

Packings Found in Intact Industrial and Maritime Fittings,” Expanded abstract of paper 208

presented in platform session 126 at the American Industrial Hygiene Conference &

Exposition, 1998.

