Document 03q3K8nqpJGnLD7q7NvgGzQk
I WORKERS' COMPENSATION BOARD
2 FRANKFORT, KENTUCKY
3
4 AIR PRODUCTS ar.d CHEMICALS, INC . r
5
Plaintiff
6
vs . 7
JESSE SORSN, Deceased, 8 LEONA BOREN, Widow, and
SPECIAL FUND, 9
Defan.dan.ts 10
CLAIM MO. 34-27354
11 12 Deposition of JOHN T. BARR, taker, at Air
13 Products and Chemicals, Inc., Main Building, Route 22, 14 Trexlertown, Pennsylvania, on Tuesday, January 29, 1985
15 commencing at 11:00 a.m. 16
17
18 BOEHL, STOPHER, GRAVES and DEINDOERFSR
BY: DONALD K. BROWN, JR*, Esquire 19 Suite 340 Executive Boulevard
Paducah, Kentucky 42001 20 For the Plaintiff
21
MARY ANN KIWALA, Esquire
22 Department of General Counsel
620 South Third Street 23 Louisville, Kentucky 40202
For Defendant Special Fund
24
25
LATKROP REPORTING AGENCY
(215) 266-0255
/;
AP00055998
I WORKERS ' CGMP2NSATION BOARD
2 FRANKFORT, KENTUCKY
3
4 AIR PRODUCTS and CHEMICALS, INC , ,
5
Plaintiff 6
vs . 7
JESSE BOREN, Deceased, 8 LEONA BOREN, Widow, and
SPECIAL FUND, 9
Defendants 10
CLAIM NO. 84-27354
11
12
WITNESS 13
John T. Barr 14
INDEX DIRECT CROSS REDIRECT RECROSS
3 15
15 16
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AP00055999
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(The parties agreed to reserve all oc-ecticr.s , >
except as to the form of the question, until the time
3 of trial, and. to waive the necessity for calling the
4
Court Reporter for purposes of authenticating the
.
5 deposition, in the event that it should be used at
6 trial.)
7
S
JOHN T. BARR, having been first duly sworn,
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9 was examined and testified as follows: 10 DIRECT EXAMINATION 11 BY MR. BROWN:
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12 Q Would you state vour name and. address for the
13 record, please. 14 A John T. Barr. 3926 Lilac Road, Allentown,
15 Pennsylvania. 18103.
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16 Q Mr. Barr, with whom are you employed?
17 A Air Products and Chemicals, Incorporated, here
18 in the Trexlertown complex. 19 Q What is your position?
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20 A Manager of regulatory response.
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21
Q What do your duties entail as manager of
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22 regulatory response?
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23 A I am in the corporate safety andenvironmental !
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24 department. As such, I have corporate staff
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25 responsibility for identifying and developing
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I maintain the plant position so that it ran well and
2 ran properly.
3 Q How long did. you continue workincr at Aircc?
4 A I worked with Airco Company up throuch the time
5 when the operations there were sold to Air Products, >
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6 at whish time I continued on my same job.
j
7 Q Would that have been January 1971?
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S A January 29, 1971.
9 Q Would you tell the Workers' Compensation Board
10 your iucational qualifications, please?
11 A I have a bachelor's degree in chemistry from 12 Arkan as College in Fayetteville, Arkansas. 13 ^ have a master's degree in chemistry from the 14 CJnive -:ity of Arkansas, Fayetteville, Arkansas.
15 j completed all of the course work for a Ph.D. 16 in theo: rtical chemistry at the University of
17 Tennessee but I could not take the time to write my
IS thesis, so I do not have a Ph.D..
19 I have taken further work in chemistry,
20 biochemistry, organic chemistry at Temple University,
21 Philadelphia.
22 I have taken several courses in business at
23 Murray University, Murray, Kentucky. X'^e taken a number of other advanced training i
24 25 and continuing education courses through the various
AP00056002
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[ technical associauior.s such as tne American. Chemical
2 Society, American Institute of Chemical Engineers and
3 groups like that.
4 Q Mr. Barr, have you had occasion to author or
5 co-author any articles on polyvinyl chloride or vinyl '
6
chloride monomers 7
i
7 A Yes. I've written a number.
8
Q Would you give us a summary of those articles,
9 please.
10 A In the early 60's, I wrote chapters which were
11 included in two books, which were a general descrip 12 tion of the process for making PVC and its copolymers. 13 I have written a number of technical articles
14 on the application and use of PVC.
15 X currently have in press two chapters for
16 the edition of the revision of the Encyclopedia of
17 PVC, which is coming out this year and next, which is
18 going to be called the New Encyclopedia of PVC, which
19 emphasizes safety, health and environmental aspects
20 of vinyl chloride, PVC and fabrication processes
21 using PVC.
22 There are a total of 20 or 25 articles in this
23 area.
24 Q During your association with Airco, were you
25 familiar with the work activities of Mr. Jesse Boren?
AP00056003
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frequently.
X ^?.ew Mr. Bore:; oersonally and sav/ him
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I made an effort to get out into the plant as
often as I could, at least two or three times a week
I toured through the working area.
He was on shift, of course, so I didn't see
him every time I went out there. But when his work
shift and mine coincided, I would see him and talk to
him among others.
So I was familiar with him and what he was doing.
Q Mr. Watson has already testified that Mr. Boren
worked at Airco as an operator trainee, assistant
operator and so on.
Do you know whether his employment in those
capacities would have resulted in exposure to vinyl chloride monomer?
j
i
A Yes, it did result in vinyl chloride monomer
exposure.
There was no way to prevent this.
Q In what manner would he have been exposed to
vinyl chloride monomer while he was employed by Aircc?
A Well, by virtue of the fact that no system is
leak proof and you cannot have zero exposure to any
substance, the fact that he was in a plant where there
/:
AP00056004
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was vinyl chloride being used meant he had. some sxoosure.
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Beyond that, to be more specific, one of the jobs which I know that he discharged was to work as a reactor cleaner.
PVC is made in batch operations in a stirred
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pressure vessel. The vessel is charged with monomer water, suspending agents, initiators and other chemicals. It is stirred, agitated, heated and polymerized. The solid product which results is then discharged in the process.
12 j
The walls become coated -- fouling is the term
( 13
that is used -- where it is necessary from time to
14 !
time to clean walls off so that you have heat transfer
15 or else the reaction would not be controllable.
16 There are various ways of cleaning reactor
17 walls. These were glass lined vessels in the plant
IS at that time. It was necessary for a man in most
19 cases to go in there about every 10 to 12 batches 20 and physically remove the polymer which was adhering
21 to the wall.
22 In. so doing, the man would be exposed to
23 considerable vinyl chloride in the atmosphere. That
24
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25
is one way that Mr. Boren was exposed. Another way was that at the end of the
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polymerization., there is two or three or four oercsr.t
unreacted monomer in the polymer. The first step after polymerization is to drop the batch from the
I
reactor into a stripper.
There was one stripper at the end of each line
of four or five or six reactors which served to remove
most of the unreacted monomer by applying a vacuum
and heat to the suspension or slurry of resin in the
tank, at which time the vacuum was broken and the
slurry was then pumped into the blend tanks which were
outside the building, where it was then held and
transferred into the centrifuge.
Not all of the monomer was removed in the
stripping step, and there were considerable amounts of
it left when it was put into this open blend tank at
the edge of the building. It then migrated from the slurry into the air,
and some of it was present in the work place.
The odor was quite noticeable around the blend j I
tanks. Anyone working in that area and in the
stripping and dumping operation would have been
exposed.
Mr. Boren did work as a stripper operator for
a portion of his time.
q Would Mr. Boren's work duties subsequent to
AP00056006
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the purchase o the Calvert City zacility bv Air
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2 Products have resulted in exposure to vinvl chloride
3 monomer?
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A j4 He continued his same work in the olant. At
I 5
various times he worked in the recovery area where he
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would be m charge of the compression pumps that were
7 being used.
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S He worked in the polymerization area.
9 The answer is, of course, any time that he
10 worked in that area, he would continue his exposure to
11 vinyl chloride. 12 Q Mr. Watson has testified that Jesse Boren was
13 transferred to the utility area in 1982.
14 Would he have been exposed to the vinyl
15 chloride monomer -- he being Mr. Boren -- after the
16 transfer to the utility area?
17 A The utility area of the boiler house were he
18 worked was several blocks away from the various small
19 remaining vinyl chloride operations that went on
20 after the PVC plant was closed.
21 There would be no reason for him to have any
22 exposure after that May of '82 transfer.
23 q Based upon your familiarity with Mr. Boren's
24 duties, the requirements of his job description, in
25 you opinion, when would have been the last date that
AP00056007
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____________________________________ _________________________________ i 3
and furnishes the oil with which a rat croons itself.
Since humans don't have such a gland, the
position was, well, then this probably doesn't hurt
humans.
Dr. Viola's work, which was reported in 1970 and *71, then alerted the industry to the potential
i
problem but didn't seem to point at any specific
problem.
However, epidemiology studies and bioassays
at lower exposures were initiated.
In 1973 it was found that ether tumors at much
lower exposures developed in rats and mice, hamsters
and rabbits. This caused considerable concern.
In 1973 a very detailed epidemiology program
was started amongst the PVC workers in the United
States.
Late in '73, in light of all this past history,
Goodrich found that they had a cluster of three cases
of angiosarcoma, which is very rare. Only about 20 cases of it occur in the United
j (I
States each year. To have three cases in one plant
over a two or three year period was a very strong warning signal.
j i
j
At that time we started ordering chromatographs;
and took measurements of our workers and joined in
|
AP00056010
I
the epidemiology program.
2
One outfall from this was something called the
3
angio registry. 4 Angiosarcoma of the liver. ASL. Angio. I'll
5
use all those terms interchangeably. 6
NIOSH, the National Institute of Occupational 7 Safety and Health, started a listing of all of the S cases which were developed, including among others 9 those which were read during Mr. Watson's deposition. 10 After this went on for a while and after OSHA IE and EPA had promulgated their standards for vinyl 12 chloride, vinyl chloride ceased to be a sexy topic 13 for NIOSK and the Canter for Disease Control and they 14 dropped the angio registry. 15 Fortunately for us, it was picked up by Dr. 16 John Stafford of Imperial Chemical Industries, ICI,
17 in Great Britain. 18 He and now his successor, Dr. Bryan Bermett, 19 maintain that registry. 20 Most of the free world has cooperated very 21 well with maintaining the registry. So we believe 22 that we have a good handle on all of the cases which 23 have occurred in the United States, in Western Europe, 24 and in several of the other countries. 25 Now I`m ready to answer your question.
AP00056011
f q All right., sir. If you. would, please. 2
A, Thera are seme 37 cases of angio which have 3 been put on the registry in the United States.
4 of these a couple or three have been found to 5 be improper. A couple are still alive. What we know
6 is that there are about 33 or 34 or 35 cases of vinyl
/ chloride related ASL in the occupational area in the ) S United States that have been found and recorded.
9 Based on those data, it is clear that the
10 average latency period is a little over 25 years from
1I
the .first time of exposure until the diagnosis of
j
12 anc ./sarcoma.
13 Unfortunately, the diagnosis almost always is
14 at * just before death. It's a very fast acting
15
dis
>e once the latency period has run its course.
16 We have not had in the United States any case
17 of io which has occurred with a first exposure
IS dat -fter 1964.
19 Mr. Boren's case is quite typical. His first I
20 expc . *e date is 1963.
21 MR. BROWN: Mr. Barr, X think that's all
22 the questions I have. Thank you, sir.
i
23
CRO S S-EXAMINATION
J
BY Ml UIWALA:
*
24
^ i
25 Q Zoctor, is the reason that you are not getting j
AP00056012
LO
I
the reported angicsarcona cases after 1964 because the
2
latency period hasn't run yet or because the exposure
3 after 1964 was not sufficient to cause the disease?
4 A I think it's some of both.
i
;
5
I do not believe that the exposures in all
;
6 cases were reduced sharply enough in the mid 60's as ;
7
the result of the AOL studies to have taken all
i
8 persons outside of the area of hazard.
\
\
j9 Now, you have to consider the fact that of the
10 25,000 persons who have been exposed to vinyl chloridej
I
I 1 -- and at least 2,500 of them have been exposed at a
12 very high level for a very long period of time -- there
13 are only about 30 who have developed the disease.
14 Therefore, there seems to be some sort of a
15 personal susceptibility that has to be involved here
16 as well as occupational exposure.
17 Just as not all cigarette smokers develop lung
13 cancer -- only about 10 percent of them -- only about
19 one--enth of one percent of the people who have been
20 exposed to vinyl chloride have developed angio, for
21 which I am personally grateful.
22 There will continue to be more angio cases in
23 the future as we see the end of the longer latency
24 period. But remember, I said that the average latencyj
I
25 period was 25 years, which means that half the latency)
AP00056013
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AP00056014
13
1
notified.
;
') Now, the permissible amount was 50 ppm from
3 April of 1974 until April of 1973.
!
[
4
After that it was reduced to 1 ppm, an eight:
5 hour time weighted average.
|
| 6
People were going to be monitored once a month.
7 In that monitoring if they were exposed to more than
8 that, they were required to receive a letter from
9 their employer. And they did in our case.
!
10 That letter was prepared at Calvert City.
II Therefore, they will have records of those who were 12 exposed in excess of that amount, but they will not
13 necessarily have maintained the records for those 14 exposed to less than that amount. 15 Q Based on the research you have done and your
16 own personal opinion, do you think that an exposure
17 of 1 ppm is likely to result in angiosarcoma?
1
IS A I am firmly convinced that there would be no
19 untoward ill effect whatsoever of 1 ppm vinyl chloride1.
20 It takes many times that to have any effect.
21 Q So you think that in Mr. Boren's case, it was
22 the exposure that he had received when he first
23 started working rather than the exposure he received
24 toward the end of his work life?
I
25 A Yes. There is no question in mv mind that the
AP00056015
19
) initial high exposure which these workers received
2
in the '50s and '60s are what is responsible for the
3 ancio cases we are seeing today.
!
4
If you understand the mechanism of how the
;
j5
cancer develops and spreads, I think you would agree
i
6 with that.
7 Q Would Mr. Boren have been exposed to vinyl 8 chloride on a daily basis in his job as chemical
9 operator or would it only have been when he was
10 working as a reactor cleaner or stripping operator
II or working with the blend tanks?
12 A No. If he was within the PVC operations, he 13 would have been exposed to at least some vinyl chloride
14 at all times during his work.
15 It would have been at much higher peaks when
16 he was inside the reactor.
17 Q So a chemical operator as compared to utility
18 operator, anybody that was a chemical operator was
19 working around vinyl chloride?
20 A It depends on which utility you are speaking
21 about.
22 q Okay.
23 A We had utility workers in the PVC plant who
24 were the ones who cleaned reactors, an entry level
25 job. They got all the dirty work-
AP00056016
I Q Okay.
2 A Now, we had a utility area, which is where he 3 went in 1982, where he would not have been exposed. 4 As long as he was in the PVC plant, he would 5 have had vinyl chloride exposure. 6 Q And it is your testimony then that he was in
7 the PVC part from '62 until '82?
8 A January of '63 until May of '82. 9 Q So January of '63 when he came on as either a 10 material handler or an operator?
11 A When he changed from materialhandler to
12 operator, he then became exposed. 13 Q And you are, of course, aware that in 1974 14 there was a Federal regulation promulgated that 15 limited exposure to 1 part per million? 16 A No, that is not correct. 17 You are correct it was promulgated in ?74. it
18 didn't become effective until *75. 19 Q But you are aware of that? 20 A I am aware. I was there. 21 MS. KIWALA: I have no further questions. 22 (Witness excused.)
23 (Concluded.)
24
25
AP00056017
1
2
PAGE NO.
3 4
LINE
ERRATA SHEET CHANGE
21
REASON FOR CHANGE
5 ii
6
7
8 9
10
n
12 13 14
15
JOHN T. BARR
16
17 COMMONWEALTH OF PENNSYLVANIA ) SS.
COUNTY OF
18
)
19 Subscribed before me this day of
20 1935, by the said John T. Barr.
21
22 23 NOTARY PUBLIC
24
My Commission Expires:
25
AP00056018
>
1 2
3
4
5
6 I, TED REV7AK, a Shorthand Reporter and Notarv
Public in the State of Pennsylvania, certify that the
7
foregoing is a true and accurate transcript of the 8
deposition of JOHN T. BARR, who was first duly sworn, 9
i
10
at the place and on the date hereinbefore set forth.
fi
I further certify that I am neither attorney
11
I
nor counsel for, nor related to or employed by, any
12
of the parties to the action in which this deposition
13
is taken, and further that I am not a relative or
14
employee of any attorney or counsel employed in this
15
case, nor am I financially interested in the action.
16
17
18
19
20
21 TED REWAK, Registered
Professional Reporter
22
23
24 25
AP00056019