Vandiver Brown to P. A. Andrews on Home Insulation Dust Cases (1933)

A three-page file: a letter of May 22, 1933, from Vandiver Brown of Johns-Manville's Legal Department to P. A. Andrews at J-M headquarters, headed "Home Insulation Dust Cases," and Andrews's short memo passing it on to N. B. Sherrill. Brown reports that two suits by former employees against Home Insulation Company of New Jersey had been decided for the defendant. "In order to escape the charge of negligence in possible future cases," he advised that wherever the Sales Corporation or its subsidiaries applied home insulation, each worker get a numbered mask against a signed receipt, keep windows open when working indoors, and see notices posted on each job "advising or warning the employees that long exposure to the dust might cause them injury."

What it shows

Brown also advised telling J-M's approved Home Insulation Contractors to take the same steps, while J-M "should expressly disclaim any liability" if a contractor got into difficulties. The contractors were to be told that the New Jersey cases showed claims could be made for failing to guard against dust, "that long continued exposure to the dust may actually cause injury to the lungs of the workers," and that workers should be warned and given dust masks. Andrews asked Sherrill to issue the instructions to J-M's subsidiaries and draft the letter to contractors. The suits appear to be the two that Maryland Casualty Company had asked J-M about in March.

In Johns-Manville's chronology

Johns-Manville's own chronology of what the company knew describes this document as follows:

Letter from V. Brown to Mr. P.A. Andrews (J-M headquarters) regarding Home Insulation dust cases on 5/22/33. Mr. Brown recommends that in order "to escape the charge of negligence in possible future cases," the corporation or its subsidiary should: (1) provide each employee with a mask, and the mask should be numbered and checked out to individual employees; (2) workers should be advised regarding proper ventilation when working indoors with hazardous materials; and (3) warnings should be posted regarding the dangers of dust exposure.