# Perpetuation of the Fraud through the Medical Surveillance Program

80. In the 1972 version of "About Your Company," IBM stated what it wanted its employees to believe about its so-called medical surveillance program. IBM claims "(1) to assist in establishing a program of medical evaluation, IBM offers eligible employees a series of key medical tests at no cost to themselves. The major aims of the program are to give employees advance warning of some chronic health problems, and to alert them to conditions which could cause health problems in the future. the program may disclose conditions which need corrective action under the guidance of a personal physician."

81. At all relevant times, as more fully shown below, the IBM "medical surveillance program" existed in name only because it never resulted in alerting any Plaintiff to any health risk associated with his job, even though IBM possessed evidence of severe injuries caused by toxic chemical exposures.

82. Despite its misconduct detailed above, IBM induced its employees to expose themselves to the hazards set forth above and to believe that IBM had taken every step to protect the health and safety of its employees, even though IBM took no action to protect Plaintiffs against the cumulative effect of daily exposure to carcinogens in the workplace, falsely represented the safety of IBM manufacturing and maintenance work and concealed the true nature and extent of the hazard to which Plaintiffs were exposed. IBM's plan and program of concealing the hazards to which Plaintiffs were exposed is detailed in IBM policy statements such as the 1972 version of "About Your Company" in which IBM falsely represented to Plaintiffs:

IBM has a long standing commitment to provide every employee with safe and healthful working conditions. Stress has been placed on good housekeeping, adequate ventilation and light, and equipping machines with guards and safety devices. Safety at each facility is an important management responsibility. Part of your manager's job is to see that you are instructed in the best and safest working practices applicable to your job... you can help make the IBM safety program work: learn the safety practices for your job and follow them; comply with all safety rules and use the personal protective equipment and other safety devices required on the job. Finally, if there is ever any doubt in your mind about the safety of your job or working environment, consult your manager at once

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COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

MM 006970