Evidence Required to Establish Exposure from O-I Asbestos Products
To meet the exposure requirements, the claimant must show by credible evidence, for any or all disease levels, Debtor Exposure and Significant Occupational Exposure as defined in section 5.7(b) of the TDP.
Debtor Company Exposure must include the following:
- Claimant must demonstrate meaningful and credible exposure, which occurred prior to December 31, 1958, to asbestos containing products for which the Debtor has legal responsibility.
- Meaningful and credible exposure evidence may be established by the following:
- An affidavit or sworn statement of the claimant or a co-worker, or
- By invoices, employment, construction or other similar records, or by other credible evidence.
Significant Occupational Exposure means employment for a cumulative period of at least five (5) years in an industry and occupation in which the claimant:
- handled raw asbestos fibers on a regular basis;
- fabricated asbestos-containing products so that the claimant in the fabrication process was exposed on a regular basis to raw asbestos fibers;
- altered, repaired or otherwise worked with an asbestos-containing product such that the claimant was exposed on regular basis to asbestos fibers; or
- was employed in an industry and occupation such that the claimant worked on a regular basis in close proximity to workers engaged in the activities described in (a), (b) and/or (c).