The Use of Asbestos by the United States Military Other Than Navy
1. #ACIAsbestos
ACI’s17th NationalAdvancedForumonAsbestos
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)
mgreene@bankerlopez.com
The Use of Asbestos by the United
States Military Other Than Navy
June 26-27, 2014
Tweeting about this conference?
4. #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
19. #ACIAsbestos
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
20. #ACIAsbestos
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
30. #ACIAsbestos
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
31. #ACIAsbestos
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
33. #ACIAsbestos
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
34. #ACIAsbestos
IV. Bases Where Asbestos
Has Been Found
• Fort Campbell Army Base
• Located on the border between Tennessee
and Kentucky
• Building materials containing asbestos
included:
• Floor Sheeting - Cement Pipes - Flex Duct Joint
Compound – Insulation – Roofing Felt Pipe
Insulation – Fire Door Insulation – Stage
Curtains – Acoustical tile – Floor Tile - Transite
pipe/board – Ceiling Tile – Flashing Tar – Fire
Blankets – Heat Shields – Safes – Fire Cabinets –
Seam Paste – Gloves - Glazing
35. #ACIAsbestos
IV. Bases Where Asbestos
Has Been Found
•Fort Knox
• Located near Louisville, Kentucky
• Asbestos used extensively to insulate
boiler rooms
• Asbestos also found in large amounts in
mess halls and sleeping quarters
36. #ACIAsbestos
IV. Bases Where Asbestos
Has Been Found
•Fort Bliss Military Housing
• Located in El Paso County, Texas
• When waterlines ruptured, repair workers
discovered that the waterlines were
insulated with asbestos
• Of the 146 homes, which all appear to have
asbestos insulation, 92 required immediate
asbestos removal
• http://www.asbestos.net/newsroom/news/
2011/02/24/asbetos-removal-at-fort-bliss-
military housing
37. #ACIAsbestos
IV. Bases Where Asbestos
Has Been Found
•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
38. #ACIAsbestos
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
44. #ACIAsbestos
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
49. #ACIAsbestos
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
53. #ACIAsbestos
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.
60. #ACIAsbestos
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
63. #ACIAsbestos
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
64. #ACIAsbestos
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
65. #ACIAsbestos
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
66. #ACIAsbestos
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
67. #ACIAsbestos
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
68. #ACIAsbestos
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
69. #ACIAsbestos
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
70. #ACIAsbestos
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