Document 0vVvEYVGBV0M2N5wbMbNRgwO

GONZALEZ VS. OCF, ET AL September 26, 1996__________ Multi-PageT ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON NO. 95-04-1728-D MANUEL P. GONZALES, ET AL IN THE.DISTRICT COURT OF VS. OWENS-CORNING FIBERGLAS CORPORATION, ET AL ) CAMERON COUNTY, TEXAS ) ) ) 103RD JUDICIAL DISTRICT ORAL/VTDEO DEPOSITION OF GLEN "PETE" JOHNSON COPY ANSWERS AND ORAL/VIDEO DEPOSITION OF GLEN "PETE" JOHNSON, a witness produced at the instance of the Plaintiffs, taken in the above styled and numbered cause on the 26th day of September, 1997, at 9:51 a.m., before LISA A. BERRY, a Certified Shorthand Reporter in and for the State of Texas, at the offices of Meredith, Donnell & Abernethy, located at 6850 Texas Commerce Tower, 600 Travis Street, in the City of Houston, County of Harris, State of Texas, in accordance with the Texas Rules of Civil Procedure, the stipulations hereinafter set forth and pursuant to Notice. DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 GONZALEZ VS. OCF, ET AL September 26, 1996 A P PEARA MR. C. ANDREW WATERS LAW OFFICES OF C. ANDREW WATERS 400 South Zang, Suite 1420 Dallas, Texas 75208 APPEARING FOR THE PLAINTIFFS ADAMS 4 GRAHAM, ______ _ 9 222 E. Van Buren, West Tower P.O. Drawer 1429 10 Harlingen, Texas 78551 11 APPEARING FOR DEFENDANTS W.R. GRACE COMPANY AND 12 PITTSBURGH CORNING CORPORATION 13 MR. JAMES V. HEWITT 14 MR. ALAN MARKS MEREDITH, DONNELL 4 ABERNETHY 15 60 T^*viS Co<nraerce lower 16 Houston, Texas 77002 17 APPEARING FOR DEFENDANT BROWN 4 ROOT USA, INC. 18 19 MR. R. HARDING ERWIN, JR. KATTHIESEN 4 CHASE, L.L.P. 20 3003 Eleven Greenway Plaza Houston, Texas 77046 21 22 23 ALSO PRESENT: 24 MR. DANIEL PARIS, VIDEOCRAPHEA 25 Multi-PageTM ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 2 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 complied with. IT IS FURTHER agreed by and between the parties hereto, through their attorneys appearing herein, that if the deposition is not signed ar.d filed prior to any hearing in this cause, that said deposition or a certified copy thereof may be used on the trial of this cause with the same force and effect as though the same had been read and signed by the said witness. Page 5 1 2 INDEX 3 4 WITNESS: GLEN **PETEM JOHNSON 5 6 Examination by Mr. Waters ........ Page 7 7 Examination by Mr. Erwin . . Page 101 Examination by Mr. Hewitt . Page -106 9 Re-Examination by Mr. Waters . . . . Page 107 .0 Re-Examination by Erwin............................................Page 115 .1 .2 Witness' Signature .............................................. Page 116 .3 Corrigendum.............................................................. Page 117 .4 Reporter's Certificate ................................... Page 118 .5 .6 .7 1 AGREEMENTS 2 3 AS PER RULE 11, the following agreements were 4 agreed to by and between the parties thereto, through 5 their respective attorneys appearing herein: 6 IT IS HEREBY agreed by and between the parties 7 hereto, through their attorneys appearing herein, that 6 any and all objections to any question, except as to 9 form, or answer, except as to responsiveness, 0 contained herein may be made upon the offering of this 1 deposition in evidence upon the trial of this cause 2 with the same force and effect as though the witness 3 were present in person and testifying from the witness 4 stand. 5 IT IS FURTHER agreed by and between the parties 6 hereto, that an objection made by one counsel for the 7 respective parties shall be considered good for all 8 other counsel present. 9 IT is FURTHER agreed by and between the parties 0 hereto, through their attorneys appearing herein, that 1 this deposition may be signed before any Notary Public 2 and thereafter returned into Court and used upon the 3 trial of this cause with the same force and effect as 4 though all requirements of the Rules and Statutes with 5 reference to signature and return had been fully Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS THE VIDEOGRAPHER: We are on record at 9:51 am. This is the videotaped deposition of Pete Johnson in the matter of Manuel P. Gonzales, et al. versus Owens-Corning Fiberglas Corporation, et al. Today's date is September 26th, 1997. This deposition is being taken a't_ Meredith, Donnell 4 Abernethy, 600 Travis, Suite 6850. The videographer is Daniel Paris of Diana Henjum Reporting Services. Would counsel please announce their appearances for the record? MR. WATERS: Andy Waters for the plaintiffs. MR. ERWIN: Harding Erwin for Armco. MR. HEWITT: Jim Hewitt for Brown c Root U.S.A., Inc. MS. KELLY: Trish Kelly for W.R. Grace c Company, and Pittsburgh Corning Corporation. Page Page 4 1 GLEN "PETE" JOHNSON, 2 called as a witness, having been first duly sworn, was 3 examined and testified upon his oath as follows: 4 *** 5 EXAMINATION 6 *** 7 BY MR. WATERS: 8 Q. Can you state your full name for the 9 record, sir? 10 A. Glen P. Johnson. 11 Q. Is it Glen, G-l-e-n-n? 12 A. G-l-e-n. 13 Q. E-n. How old a man are you, sir? 14 A. 48. 15 Q. How are you presently employed? 16 A. I own an environmental equipment rental 17 company. 18 Q. What's the name of that company? 19 A. Houston Remediation Resources. 20 Q. And what type of equipment do they 21 represent? 22 A. Decontamination trailers, vacuums, 23 negative pressure machines, instrumentations; 24 equipment used in hazardous waste cleanup. 25 Q. Does that include equipment for use for Page DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 2 - Page 7 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-Page ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 8 1 the removal of asbestos, asbestos insulation? 2 A Yes. 3 Q. What percentage or what -- in just a 4 range, if you can, of your work relates to equipment 5 for asbestos? 6 A. 50 percent. 7 Q. Do you provide any services other than the 8 rental of the equipment? 9 A. No. 10 Q. And typically, what kind of company is it 11 that rents from you? 12 A. Asbestos abatement contractors. 13 Q. For example, have you ever rented asbestos 14 removal equipment to Brown & Root? 15 A. Yes 16 Q. So, you are aware that Brown & Root had 17 a -- a division or a branch or whatever that was 18 involved with the removal or abatement of asbestos? 19 A. Would you ask that again? 20 Q. Yeah, I'm going to get her read that one 21 back. I'm just kind or -- and please stop me if -- if 22 you want to hear my question again, ana I'll be glad 23 to give it to you. 24 (The requested material was read by 25 the court reporter.) the United States. Q. How -- how long did you do that? A. Five years. Q. So, about '83 to '88? A. Something like that. Q. Did you live in Pakistan? A. I visited. Q. Visited. I lived for.two years in Islamovad when I was a kid. So I have some recollection of that. What was the name of the company? A. Snalimar Texas. Q Shalimar? A. S-h-a-l-i-m-a-r. Q All right. And before that? A. Lone Star Industrial Safety. Q What was Lone Star Industrial Safety? A. An industrial safety supply house. Q How many years -- what years there? A. Probably '70 -'78 on. Q To *83? A. Until -- about, yes. Q AU right. We'll come back to that. What before 78? A. Brown & Root. Page 11 Page 9 Page 12 1 A. Brown & Root had -- I don't know if it was 1 Q. And what were those years? 2 a division or a branch; but they had employees 2 A. '72 to'78. 3 removing asbestos -- 3- Q. What was the nature .hat work? 4 Q. (BY MR. WATERS) Okay. 4 - A.- I was a safety superv: 5 A. -- on certain job sites. 5. Q. Did you know Mr.------ ges? 6 Q. How long have you been involved in this 6 A.- Very well. 7 business? 7 ; Q. Okay. And before that? 8 A. The asbestos business? 8 A. Military. 9 Q. Well, the I'm sorry, the particular 9 Q. Which branch? to company that you're employed with now. 10 A. Army. 11 A. The company is eight years old. 12 Q. Okay. Ana have you been involved with it 13 the entire eight years? 11 Q. All right. And how many years, 12 what years? 13 A. '70 - well, '69 to '72, three years. 14 a. Yes. 14 Q. '69 to'72. And before that? 15 Q. Are you an owner, or do you have ownership 15 A. High school. 16 interest in the company? 16 Q. So you graduated from high school in '69? 17 A. Owner. 17 A. '68,1 reckon. 18 Q. Are you the sole owner or -- 18 Q. '68. And where was that? 19 A Yes 20 Q. Wholly owned? 19 A. Mississippi. 20 Q. Okay. In your work, 78 to *83, Lone Star 21 And I apologize, tell me the name of the 21 Industrial Safety, were you involved with the supply 22 cvvoumi^p/uaunyJ au^guaiiLnl,. tUh1eV AfuU1ll1 nnmamnue.. 22 of safety equipment? 23 a. Houston Remediation Resources 23 A. Yes. 24 Incorporated. 24 Q. Okay. Was -- was Brown & Root a customer? 25 Q. On how many occasions would you estimate 25 A. Yes. Page 10 Page 13 1 that you have leased asbestos removal equipment to 1 Q. Were you a principal in that company; that 2 Brown & Root or for use by Brown & Root employees? 2 is to say, didyou have some kind of ownership 3 A. Many. 3 interest? 4 Q. Is that hundreds, is itthousands, over 4 A. Yes. 5 the years? 5 Q. What was your interest there? 6 a. Less than 100. 6 A. 100 percent. 7 Q. Okay. Somewhere between 75and 100, 7 Q. Okay. And give me a sense, if you can, of 8 perhaps? 8 how significant a customer Brown & Root may have been 9 a. Probably. 9 for that Lone Star Industrial Safety outfit. 10 Q. Okay. Have you also made other rentals to 10 A. I did a lot of business with them. 11 Brown & Root, not asbestos-related, but for other 11 I can't give you a dollar value. 12 types of equipment? 12 Q. No, 1 appreciate that. 13 A. None. 13 A. They were -- they were a good customer. 14 Q. When -- when you lease that equipment to 14 Q. Were they your -- were they your single 15 Brown & Root or for use by Brown & Root employees, do 15 largest customer? 16 you know where they were going to use it, typically? 16 A. Yes, probably. 17 a. Usually I knew which facility it went 17 O. Did you sell any materials or distribute 18 into, yes. 18 or deliver any materials to the Armco facility? 19 Q. Okay. And this has been since, oh, let's 19 A. No. 20 sec, '88 or so, 1988 or so? 20 Q. Can you tell me what facilities you do 21 a. That's correct. 21 recall delivering materials to for Brown & Root? 22 Q. What were you doing before that? 22 A. Shell Oil, Little Diamond, Lubrizol, Union 23 a. I was in the -- I worked for a company 23 Carbide, Exxon. 24 that had a tannery in Pakistan, and they tanned 24 Q. That's a pretty good list. And we're -- 25 leather. They made jackets and gloves for import into 25 is it your understanding that you were delivering DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Page 8 - Page 13 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 14 Page 17 1 safety supplies for use by Brown & Root employees 1 orders a year. Is that insignificant or is that -- ? 2 working at those facilities? 2 A. It's less than that now. 3 a Yes. 3 Q. Okay. So, it was more earlier on; it's 4 Q. Did you ever deliver safety supplies to 4 dropped off a little bit, is that what you are saying? 5 those facilities that were not ordered or purchased by 5 A. Yes. 6 Brown & Root? 6 Q. Okay. But on average, over the course of 7 A. No. 7 the eight years, they've been somewhat significant, 8 Q. Did those safety supplies in the '78 to 8 haven't they? 9 `83 time frame include dust masks and other 9 A. They've been a good customer. to respiratory protection? 10 Q. Fair enough. Did you ever 11 A. Yes. 11 have -- participate in any meetings with Brown & Root 12 Q. Do you remember something called the 12 employees or supervisors to discuss how to use 13 3M 8710 mask? 13 respiratory protection or when it was appropriate to H a. Yes. 14 use respiratory protection? 15 Q. Was that the type of dust mask that you 15 a. As a Brown & Root employee -- 16 would have delivered in that time -- approximate time 16 Q. No, sir. I'm sorry. 17 frame for use by Brown & Root employees? 17 a. -- or as a vendor? 18 a. That would be one respirator that was 18 Q. Asa vendor. I'm sorry. 19 sold, yes. 19 a. Yes. 20 Q. Okay. Did you understand that the 20 o. Okay. And did you ever have occasion to 21 respiratory protection that you were providing to the 21 do that specifically with respect to asbestos 22 Brown & Root employees was -- was spec'dfor work in 22 precautions, if you can recall? 23 or around asbestos dust? 23 A. Yes. 24 a. Brown & Root never told me, as a vendor, 24 Q. Okay. Where was that? 25 the specific application of anything I sold them. 25 a. Shell. Page 15 Page 18 1 Q. Okay. Did you have any understanding as 1 Q. At Shell. And what was the nature of the 2 to whether or not Browr p- Root employees, at those -- 2 meeting, or how did that go? 3 these various facilities, .ded protection from 3 A. They were looking for a respirator to use 4 asbestos dust? 4 for an application of asbestos removal on this one 5 MR. HEWITT. ^,CCt to the 5 particular instance. I was the safety supervisor at 6 speculative form of the question. 6 Shell - ; 7 Q. (by MR. WATERS) You can answer. 7 Q. Oh, this is when you -- 8 a. Again, they never informed me, as a 8 A. - during that construction. 9 vendor,-what their application was for. I -- I never 9 Q. Oh, I see. 10 knew. to a. But as a vendor, I went back out there and 11 Q. Okay. That -- n had a meeting with the -- the safety supervisor, 12 a. We were a supply house. 12 basically to show him a respiratory product that 13 q. All right. So you didn't hear from 13 I sold. 14 anybody else and -- 14 Q. That -- that would -- that he needed fpr a 15 a. No -- nobody called me and said, "We are 15 particular situation? 16 going to do this and we need this." That was not the 16 A. That he could use in an asbestos abatement 17 case. 17 project. 18 Q. Okay. At -- at that time, did you have an 18 Q. Okay. Was it a -- was it the 19 understanding of what respiratory protection was 19 self-enclosed respiratory system with air provided? 20 appropriate for asbestos dust, as opposed to what 20 A. Powered air purifying respirator. 21 protection may have been appropriate for some other 21 Q. Okay. And did be actually -- did he 22 contaminant or toxic substance? 22 ultimately purchase that product that you were -- 23 a. Yes. 23 A. Not from me. 24 Q. Do you understand and recall that the 24 Q. Not from you. Okay. Do you recall the 25 respiratory protection, at least some of the 25 nature of the project, whether it involved removing Page 16 Page 19 1 respiratory protection that Brown & Root had you 1 asbestos pipe insulation or something of that nature? 2 deliver at these various sites was protection that was 2 a. I have.no idea. 3 sufficient to -- to eliminate or reduce exposure or 3 q Okay. And that was some time in the'78 4 breathing of asbestos fibers? 4 to '83 time frame. Can you give it a -- would it hayc 5 a. Yes. 5 been closer to when you hadbeen the safety supervisor 6 Q. So, while you didn't have a specific 6 and you had recently been at Shell? 7 knowledge of the actual uses of these types of 7 a. That instance was in the'88 or'80 -- the 8 respiratory protection, you were aware mat the 8 dates are mixed up. It's when I was -- it was after 9 protection that Brown & Root was purchasing would 9 coming back from Pakistan, the Pakistan venture, that 10 extend to or would cover potential hazards of 10 conversation and that sale. 11 asbestos? 11 Q. So, it's since you've started Houston 12 a. Yes. 12 Remediation Resources? 13 Q. What -- let's see. With respect to your 13 a. Correct. 14 asbestos equipment rental business right now, and just 15 with respect to the asbestos portion of it, can you 14 q. Okay. I apologize. 15 a. And to add something, there was another 16 give me an idea of how big a customer Brown & Root is 17 for that type of equipment? 18 a. In -- insignificant. 16 supply company that I sold to another outfit, okay, 17 that's a 12-year-old company. It gets kind of is confusing. But Houston Remediation was a rental 19 Q. Okay. Now, and when you say that, am 20 I correct that you testified earlier probably 75 to 21 100 times that they had rented asbestos equipment from 22 you in the past eight years? Do you recall that 23 testimony? 24 a Yes. 25 q. Okay. That would be about, oh, 10 or so 19 company that I've owned through this whole period. 20 Q. Okay. Well, how -- let's -- let's get 21 this straight. How many companies you got right now? 22 A Two. 23 Q And those arc Houston Remediation 24 Resources. Inc.? 25 A And Envirorent. DIANA HENJUM REPORTING SERVICES, P C. 1-800-780-2555 Page 14 - Page 19 GONZALEZ VS. OCF, ET AL Multi-PageTM ORAL/VIDEO DEPOSITION OF September 26, 1996 GLEN PETE JOHNSON Page 20 Page 23 1 Q. And Envirorent. All right. And is 1 Q. All right. So, were you still, at that 2 that -- what's the difference between what they 2 point in time, mainly marketing the cloth or paper 3 provide? 3 masks for use around asbestos? 4 a. Envirorent rents one product, a certified 4 A Cloth half-face with dual cartridges, and 5 personnel basket. Houston Remediation Resources rents 5 full-face with dual cartridges. 6 hazardous waste removal equipment. 6 Q. Okay. Well, in - at -- in that time 7 Q. Okay. 7 frame, '78 to '83, if there's asbestos dust being 8 a.. That's the distinction. 8 created in the workplace, which -- which one is more 9 Q. What -- what is the one Envirorent product 9 appropriate, the cloth or paper-type disposable, or 10 again. I'm sorry? 10 the cartridge-type respiratory protection you just 11 A. Certified personnel baskets. 11 discussed/ 12 Q. For put -- 12 A. At the time, the 3M 8710 was the 13 A. Lifting cranes. 13 respirator of choice, and recommended by most of the 14 q. Is Brown & Root a customer for that 14 people in the industry that dealt with it. 15 business? 15 Q. Okay. Okay. The'72 to'78 time frame, 16 A. They have been. 16 if we coula talk about that a little bit. How was it 17 Q. Okay. All right. And how long have you 17 you came to first be employed by Brown & Root? 18 owned Envirorent? 18 A. I was working for them -- well, I --1 got 19 A. A year and six months. 19 a job as an electrician helper in '72. 20 Q. Okay. And what happened to Lone Star 20 Q. All right. Let's see, you would have been 21 Industrial Safety? 21 about 22, 20 years old, something like that? 22 A. We closed it down during the oil bust. 22 A. 22,23. 23 Q. Okay. And it's been dead since then? 23 Q. That goes back a way, doesn't it? 24 A. Yes. 24 All right. And how did you get thatjob, 25 Q. Now, you -- you've relayed an instance you 25 or do you -- did you have some background or training Page 21 Page 24 1 recall discussing with a supervisor at Shell about 1 in electrical work? 2 appropriate respiratory protection for a removal 2 A. I was a political hire. 3 project; do you remember that? 3 Q. Political hire. I didn't know they 4 A. Yes. 4 did -- 5 Q. And it was, I take it, your recommendation 5 A. My uncle got me the job. 6 that -- what do you call it when you have -- the 6 Q. Did he? Okay. What had you done in the 7 airflow, there's some name for that. What's that 7 military? 8 system called? 8 A. 1 was a first lieutenant in the field 9 A. Powered air purifying respirator. 9 artillery. 10 Q. Powered air purifying respirator. Okay. 10 Q. How did you get a commission to be a first 11 That's a mouthful. Can you describe that to us, just 11 lieutenant? 12 in terms of what it looks like and how it works? 12 A. You go to officer candidate school. 13 a. It has a full face piece with a hose going 13 Q. So, you went to, like a ROTC program? 14 down to a blower motor. On the blower motor is a high 14 A. Officer candidate school, not ROTC, 15 efficiency particular cartridge filter which is 15 officer candidate school. 16 designed to filter out asbestos fibers and dust 16 Q. You did all that in three years, the 17 fibers, and it is hooked to a battery that runs a 17 whole -- is 4-cfm motor; and it blows air into the face piece. 18 A. 90-day wonder is what they called us. 19 Q. Okay. So that the air is purified when 19 O. So you didn't have any electrical-type 20 it's brought through the filter, is that the -- 20 background? 21 a. The air is purified going to the mask, or 21 A. None. 22 filtered, not purified. 22 Q. All right. And for how long were you an 23 Q. All right. But the -- the total phrase is 23 electrician's nelper? 24 power air purifying respirator? 24 A. Probably three months. 25 A. Correct. 25 Q. What was your uncle's position at Page 22 Page 25 1 Q. And did you recommend to the Brown & Root 1 Brown & Root? 2 supervisor that that was the appropriate type of 2 A. My uncle didn't work for Brown & Root. 3 respiratory protection to be used in an asbestos 3 Q. I see. 4 demolition or removal situation? 4 A. He was a vendor. 5 a. Correct. 5 Q. Oh, okay. He was somebody who had a 6 Q. Okay. Any other specific instances you 6 business relationship with Brown & Root? 7 can recall, any discussions with Brown & Root 7 A. Correct. 8 employees or supervisors about the hazards of 8 Q. Did he also sell safety-type equipment? 9 asbestos? 9 A. No, sir. 10 a. As an employee or vendor? 10 Q. Okay. He had a different type of 11 Q. Let's stay with the vendor for the -- 11 business? 12 A. I don't recall. 12 A. Yes. 13 Q. So, in particular going back to the Lone 13 Q. Did he help you get your business 14 Star time, '78 to '83, you don't have any specific 14 organized back when you started up Lone Star 15 recollection of a conversation with Brown & Root folks 15 Industrial Safety? 16 about asbestos? 17 a. None, that I recall. 16 A. No. 17 Q. What did you do after that three months as 18 Q. All right. In the '78 to '83 time frame, 19 were you also -- were you at that time also providing 20 something like a power air purifying respirator for 21 work around asbestos, asbestos demolition or removal? 22 a. I don't even know if that piece of 23 equipment was invented at that time. 24 Q. Okay. 25 a. I don't believe it was. 18 an electrician's helper? 19 A. Brown & Root was going to hire three 20 safety trainees, and I applied ana was hired as one. 21 Q. Who were theother two? 22 A. John Hodgesand -23 Q. Right. 24 A. -- and Mike Hunt. 25 Q. Where did you work during that three DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Page 20 - Page 25 GONZALEZ VS. OCF, ET AL Multi-PageTM ORAL/VIDEO DEPOSITION OF September 26, 1996 _________________________________________ GLEN PETE JOHNSON Page 26 Page 29 1 months you were an electrician's helper? 1 sonic time in that time range? 2 a. I was at Shell in Deer Park. I was on the 2 A. Correct. 3 Tomball football stadium, and I forget -- 1 think 3 Q. Have you ever at any time observed 4 Goodyear in -- on Bayport. 4 the -- the cutting or sawing of asbestos-containing 5 Q. Had you been at the Shell facility before 5 insulation materials? 6 that -- that work? 6 A. Yes. 7 a. Never. 7 Q. When was that? 8 o. Did you become familiar with the fact at 8 A. About the same time. 9 Shell that there was a lot of steam pipe -- steam 9 Q. That is to say, in the '83 to '85 -- to piping in the refinery? 10 A. No, excuse me. Probably at Shell, which 11 A. Yes. 11 would have been from '75 through '78. 12 Q. And do you recall that much of that was 12 Q. Okay. 13 insulated with pipe covering or pipe insulation? 13 A. '76 to'78, something like that. 14 a. Yes. 14 Q. On what occasions did you observe someone 15 Q. In that three months as an electrician's 15 cutting -- let me ask you it this way: How many times 16 helper, did you have any exposure to dust created from 16 did you observe someone cutting or sawing asbestos 17 working on or around or other folks who were working 17 insulation? 18 around those pipes? 18 A. I thought the question was insulation, not 19 A. No. 19 asbestos insulation. 1 - 20 Q. Did you observe, at any time in that three 20 Q. Okay. 21 months, insulation work going on; that is to say, 21 A. If the question is insulation at the Shell 22 cutting or sawing of new insulation, tearout or 22 project, many times. We had an insulation shop on 23 pulldown of old insulation? 23 site. But to my knowledge and my recollection, the 24 a. I don't recall. 24 insulation they were putting into the new OP3 25 Q. Let's broaden that out a little bit. In 25 construction was nonasbestos insulation materials. Page 27 Page 30 1 your entire career, have you ever observed asbestos 1 Q. Okay. 2 insulation removal work? 2 A. And they cut it by the boatload. 3 A. Yes. 3 Q. Okay. So, you -- you can recall 4 Q. On how many occasions? 4 insulation being cut, but you cannot -- you don't have 5 A. Many. 5 any recollection of anybody cutting asbestos 6 Q. Okay. And were those in the nature of 6 insulation? 7 abatement products -- projects where you were 7 A. No. 8 delivering supplies, something of that nature? 8 Q. Fair enough. In that time frame, you had 9 a. Yes. 9 already become aware that asbestos was hazardous? 10 Q. Were some of those Brown & Root abatement 10 A. Yes. 11 projects? 11 Q. That asbestos could cause cancer and was 12 A. NO. 12 toxic? 13 Q. What was the first time that you ever 13 A. Yes. 14 observed an abatement project, removal of asbestos? 14 Q. And you had learned that, I guess, going is a. 1985. 15 back to ' 72, when you started your training to dc in 16 Q. While you were working for the tannery, or 16 the safety department? 17 was this -- 17 A. Right. 18 A. I-- I don't know if that date works, but is Q. Or did you know that before? 19 it was -- when I got out of the leather business, 19 A. I did not know that before. 20 I got into supplying asbestos abatement contractors. 20 Q. And presumably, one of the reasons people 21 I don't know if that date works, but it was the next 21 like Shell were using nonasbestos material in the '76 22 venture. 22 to '78 time frame was because they recognized that it 23 Q. Well, let's see. You said that you had 23 would be hazardous to continue that type of work with 24 done the Houston Remediation Resources thing for about 24 asbestos materials? 25 eight years? 25 MR. ERWIN: Objection; calls for Page 28 Page 31 1 A. Correct. 1 speculation, also vague and overbroad as 2 Q. That takes us about back to '88 or so? 2 to hazardous andthe types of asbestos 3 A. But I had a supply company that I sold 3 materials. 4 that was four years ola. So, basically, 12 years -- 4 A. I don't know the reason for not using 5 Q. All right. 5 asbestos or nonasbestos insulation. 6 a. -- supply and rent into the abatement 6 Q. (BY MR. WATERS) Okay. 7 industry. 7 A. f'm sure it had something to do with the 8 Q. Okay. Have you ever observed -- okay. s engineers that knew what was fixing to happen. 9 From your earlier discussion, I take it that you don't 9 Q. Have you ever, at any time, to your 10 recall ever seeing asbestos removal or tearout when io knowledge, been exposed to asbestos dust or asbestos 11 they weren't taking precautions such as barricades and u fibers? 12 full respiratory protection and all that sort of 12 A. I don't know. 13 thing? 13 Q. You've -- we've talked about several 14 A. Ask that again now. 14 different companies. At any time, did any of your 15 Q. Okay. Is it a fair statement that you 15 companies deliver to the Armco Steel facility? 16 don't recall seeing the tearout or rip-out of asbestos 16 A. No. 17 material without the enclosures and all of the other 17 O. When you say you don'tknow whether or not 18 precautions? 19 A. No. is you've been exposed to asbestos, is one of the reasons 19 for that that the asbestos fibers arc invisible? 20 Q. I'm sorry, you have or have not seen it 21 other ways? 22 a. I have not seen seen it any other way than 23 what you described. 20 A. I'm saying that because when you touch 21 your brakes on your car, if you got your window down, 22 there's a chance of being exposed to asbestos. If you 23 walk into a federal courthouse, you can be exposed to 24 Q. All right. And the times you have seen it 24 asbcslos. I probably have -- 25 would have been some -- first, like in '85 or '88, 25 Q. Right. DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Page 26 - Page 31 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM ORAL/VIDEO DEPOSITION OF _______________ GLEN PETE JOHNSON Page 32 Page 35 1 A. --but I don't know specifics of when it 1 a. If the asbestos is nonfriable, in place, 2 happened. 2 you are just - you are - the hazards are the same at 3 6. You'll agree that you are a lot more 3 cither location. If there's asbestos present in this 4 likely to be exposed to asbestos in an industrial 4 office and it is friable, and there's asbestos in 5 facility that has literally tons and tons of asbestos 5 industrial and it's friable, you are sitting in the 6 in ana on and around it than you are in this room, for 6 same type of hazard. 7 example? 7 Q. (by MR. waters) All right. Well, let me 8 MR. HEWITT: Objection; overbroad 8 ask you this: If -- knowing what you know about the 9 and vague. 9 Shell facility and knowing whatever you know about 10 MR. ERWIN: Calls for speculation. 10 this room, would you agree with me that there's a 11 A. Until the countiy began the removal of 11 greater potential hazard at the Shell facility? 12 asbestos, I would say that you were just as likely to 12 mr. HEWITT: Same objections. 13 come into friable insulation in government buildings 13 Overbroad, vague, ambiguous, speculative. 14 and public housing as you were in insulating -- in an 14 A. If there's no asbestos in this room, the 15 industrial setting. 15 answer is yes. 16 MR. WATERS: Objection; 16 Q. (BY MR. waters) So, you -- well, let's 17 nonresponsive. 17 get into some of your -- a little background and 18 And I have to do that from time to 18 training stuff. You learned about the hazards of 19 time. 19 asbestos and the fact that asbestos was dangerous 20 Q. (BY MR. WATERS) My question specifically 20 starting in '72 or so? 21 had to ao with whether you believe, as someone who has 21 A. Correct. 22 been involved with the safety profession, that there's 22 . Q. And did that result from training received 23 more risk of exposure to asbestos in a room like this 23 within the Brown & Root organization? 24 than there is in an industrial facility that has 24 - A. Correct. 25 literally tons of asbestos insulation in it? 25 Q. Who was your immediate supervisor? 1 mr. hewitt: Object to the 2 overbroad, vague, speculative form of the 3 question. 4 a. Is that asbestos? If -- if that ceiling 5 tile is asbestos, you are just as likely to get it in 6 this room here as you are in -- in Snell Oil. 7 MR. WATERS: Let me object again as 8 nonresponsive. 9 Can you read the question back to 10 him? 11 (The requested material was read by 12 the reporter.) 13 MR. HEWITT: Objection; 14 repetitious. 15 a. I don't know how to answer that. My 16 feelings are that you are just as likely to get n exposed to asbestos in a building like this as you are 18 in an industrial facility. 19 MR. ERWIN: And I'm not sure if we 20 stated on the record today, and I know 21 we've been in a lot of depositionsbefore; 22 but do we have one objection asto all -- 23 all defendants? 24 MS. KELLY: Yes. 25 MR. ERWIN: Thank you. Sorry. Page 33 Page 36 1 A. Brown Wallace. 2 Q. What was his position or title? 3 A. He was the -- an area safety manager, 4 I believe. 5 Q. And where were -- where was your physical 6 location? 7 A. I was at Armco Steel. 8 Q. What years? 9 A. Late '72 through '70-1 was there three 10 and a half years. 11 Q. So, late'72 through -- let's see. You 12 tola us you went to Shell in '76. Would it be '72 to 13 '75? 14 A. Well, I -- I went to Shell right from 15 Armco. So, yeah, that would be right. I went to -- 16 It's '76. 17 Q. '76? 18 A. Yeah. 19 Q. So late '72 until early '76? 20 a. '76, right. 21 Q. About three and a half years? 22 A. Correct. 23 Q. And what was your title at Armco? 24 A. Safety supervisor. 25 Q. Were you the senior -- senior Brown & Root Page 34 Page 37 1 Q. (by MR. WATERS) So, from your 1 employee on the job site responsible for safety? 2 perspective, someone who works in a refinery or a 2 A. No. 3 large industrial facility where there's lots ana lots 3 Q. Who was? 4 of asbestos insulation, they are at no more risk than 4 A. Project manager. 5 if they spend their time in an office every day? 5 Q. Is that who you reported to? 6 MR. HEWITT: Objection; overbroad, 6 A. Daily. 7 vague, speculative, and repetitious. 7 Q. Was there anyone more senior than you who 8 a. If the asbestos in either location is 8 had responsibility for safety only? 9 undisturbed and nonfriable. you are not going to get 9 A. No. 10 any more in an office problem than you are in an 11 industrial setting. 10 Q. And let's sec. You started in -- what 11 time of the year in '72 did you start with 12 MR. WATERS: All right. Let me 12 Brown & Root? 13 object as nonresponsive. 13 A. I think around August/September. 14 Would you read the question back to 14 Q. Okay. Late '72? 15 him? 15 a. Yes. 16 (The requested material was read by 17 the reporter.) 16 Q. And then you did three months as an 17 electrician's helper? 18 MR. HEWITT: Objection; is A. Correct. 19 repetitious, and asked and answered. The 19 Q. So, it would have been early'73 that you 20 witness has answered that question. 20 began with the safety department? 21 MR. WATERS: It calls for a "yes" 22 or "no" answer. I don't believe ne's 21 A No. I started with Brown & Root in May of 22 '72. 23 answered it. 23 Q. Oh, I'm sorry. 24 MR. HEWITT: You don't have to 25 answer "yes" or"no" to a question. 24 a I went to Armco in August or September. 25 Q. Of '72? DIANA HENJUM REPORTING SERVICES P C 1-800-780-2555 Page 32 - Page 37 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 38 Page 41 1 a. Right. 1 other hazards or potential hazards in the workplace? 2 Q. Okay. I'm sorry. You started in May, you 2 A. Yes. 3 did three months as an electrician's helper. So, in 3 Q. Of the various hazards that you've studied 4 August or so, you became a safety man? 4 in that training time frame, can you -- do -- do any 5 A. Right. 5 slick out more than others as having particular 6 Q. And then you went off to Armco in what 6 emphasis or that the safety program had a particular 7 month? Shortly thereafter? 7 concern about? 8 a. Well, now I would say September -- 8 A. No. 9 October. 9 Q. One of the -- one of the -- one of the 10 q. Okay. So you had about -- somewhere in 10 hazardous substances you do recall being discussed 11 the neighborhood of one to two months of training on 11 though, was asbestos; is that right? 12 the job oefore you went off to Armco to be -- to do 12 A. Yes. 13 the safety thing up there? 13 Q. Was it at that time that you learned that 14 a. Yes. 14 asbestos exposure could cause different types of 15 Q. Had you had any safety training before 15 diseases? 16 that, other than, you know -- 16 A. I believe at this time there was suspicion 17 a. Yes. 17 and documentation from people saying -- stating that, 18 Q. What had you had? 18 yes. 19 a. I was a safety officer on a artillery 19 Q. Well, was -- was that what you learned at 20 firing line, 20 Brown & Root, that there was a suspicion that asbestos 21 Q. Okay. 21 could cause disease? 22 a. One of my duties. 22 A. The Occupational Safety and Health Act, 23 q. So, you- received some general safety 23 the scientists involved, I think, had confirmed; and 24 training in the military? 24 yes. Brown & Root believed that it would cause 25 a. Yes. 25 problems. Page 39 Page 42 1 Q. Now, did you replace somebody who had been 1 Q. Okay. So, it was more than just a 2 the prior safety supervisor at the Armco facility, or 2 suspicion, wasn't it? 3 were you the first one? 3 a. The suspicion was on the scientist side, 4 A. I was not the first one. There had been 4 I think. I don't think they had confirmed yet. 5 others before me, but there was --1 think there was 5 Q. Okay. But Brown & Root knew, at least by 6 just a time when they were down to a small enough 6 '72 when you arrived, that asbestos could cause these 7 crew, they didn't have a safety supervisor assigned to 7 different types of diseases? 8 the site. 8 A. Yes. 9 Q. Okay. 9 MR. hewitt-. Objection to the 10 a. There was a guy before me. 10 overbroad form, vague form of that last 11 Q. But there -- 11 question. 12 a. We didn't swap, he left Friday, and I went 12 Q. (by MR. WATERS) All right. Let's -- 13 Monday. It wasn't that way. 13 let's break it down. In the '72 time frame, did you 14 Q. Okay. There was a time period between him 14 learn that Brown & Root had known and understood that 15 and you when there was not a safety -- safety 15 asbestos exposure could cause a disease called 16 supervisor? 17 a. Right. 16 asbestosis? 17 MR. HEWITT: Objection; speculative 18 Q. And in that one- to two-month time frame 18 and overbroad. It's not limited to a 19 with respect to training you received, give us a sense 19 specific time frame and, asphrased, is 20 of what that involved. Was that --how did you spend 20 speculative. 21 that time frame, that four -- four weeks or six weeks 21 MR. ERWIN: Objection. 22 or whatever it was? 22 MR. WATERS: I said when he started 23 a. A lot of vendor classes on particular 23 in '12. 24 safety products available to be used in the 24 Q. (BY MR. WATERS)You can answer. 25 marketplace; many, many countless job site visits with 25 MR. ERWIN: It's also vague. Page 40 Page 43 1 senior safety people' time spent on different types of 1 A. Brown & Root knew that asbestos had health 2 projects with the safety supervisor on those projects, 2 problems. 3 OJT. 3 Q. (BY MR. WATERS) Okay. 4 Q. All right. And where were you physically 4 a. Specifically asbestosis, 1 don't know. 5 stationed during that time frame? 5 Q. Okay. Well, did Brown & Root instruct you 6 A. 4100 Clinton Drive. 6 in your safety training that asbestos could cause lung 7 Q. And were you undergoing the training at . 7 cancer, asbestos exposure? 8 the same time as Mr. Hodges and Mr. Hunt were7 8 A. Yes. 9 a. Yes. 9 Q. Okay. And you do remember that specific 10 Q. In that time frame, again, the training 10 disease as being something you learned about in your 11 period, can you give me a sense of what percentage of 11 training? 12 your time was spent at that address on Clinton Drive 12 A. Yes. 13 as opposed to out in the field? 13 Q. Do you recall discussion of a disease 14 a. 70/30; 30 in the office, 70 in the field. 14 called mesothelioma? 15 Q. Did you receive instruction in that time 15 A. Not during that time frame. 16 frame -- well, let's see. Did you receive any -- did 16 Q. Okay. What else can you recall learning 17 you have any classwork or instruction during that time 17 about the hazards of asbestos in this one- to 18 frame that was -- that related to the OSHA regulations 19 generally? 18 two-month training time frame before you went to 19 Armco other than the fact that it could cause lung 20 a. Yes. 20 cancer? 21 Q. And the OSHA regulationsarc verybroad 21 A. Not a great deal ex - they - they gave 22 and cover very -- very many work practices, don't 23 they? 24 A. Yes. 22 us guidelines on how to address it if we encountered 23 it on the job site. 24 Q. Okay. And you knew that there were 25 Q. Not just asbestos, but awhole bunch of 25 regulations that governed how you needed to address it DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Page 38 - Page 43 GONZALEZ VS. OCF, ET AL Multi-PageTM ORAL/VIDEO DEPOSITION OF September 26, 1996 ______________________ GLEN PETE JOHNSON Page 44 Page 47 1 if you encountered it on the job site? 1 extent it calls for a legal conclusion on 2 a We -- we knew that there were guidelines. 3 I don't know that there were regulations at the time, 2 the part of the witness. 3 Q. (BY MR. WATERS) Is it your understanding 4 in '72, as far as being a law as to how you handled 4 that at some point in time, what you've discussed as 5 it, but there were recommendations as to proper 5 being recommendations became actual legal 6 procedure for handling it. 6 requirements? 7 Q. All right. So, by the time you go to 7 A. Yes. S Armco in late 1972, looking back at that, was it your 8 Q. Now, in your work at Armco, did you have 9 understanding that there were or were not legal 9 an office? to requirements, regulations in place concerning the to A. Yes. 11 hazards of asbestos? 12 MR. HEWITT: Objection; 11 Q. Where was that located? 12 A. Specifically at the direct reduction 13 repetitious. 13 plant. 14 A. I don't know. 14 Q. And is that because there was an ongoing 15 Q. (BY MR. WATERS) You -- you just can't 15 project in that area. Brown & Root project? 16 recall? 16 A. I don't know. That's just where they set 17 a. I -- I don't know the timing on it. 17 up the different craft shops in the plant. 18 Q. Okay. I'm just asking wnat you recall at 18 Q. Okay. And did you share your office with 19 that time. 19 anyone? 20 a. Yeah. I -- I -- I don't know the timing 20 A. No. 2t on exactly the specific of the regulations. I know 21 Q. Was the office air-conditioned? 22 there were recommendations in place early on for the 22 A. Yes. 23 safety of people. I don't know when it became an 23 Q. Give me a sense, if you will, in your time 24 actual regulation under the law. 24 frame there, how much time you spent in the office as 25 Q. Okay. So, as you sit here today, looking 25 opposed to out in the facility. Page 45 Page 48 1 back to the time when you arrived at the Armco 1 A. 10 in, 90 percent out. 2 facility, you're unable to tell ns whether or not 2 Q. Okay. When was it that you, let's see. 3 there was -- there were legal requirements concerning 3 Where did you go after Armco, where was your next -- 4 asbestos or if they were still just recommendations. 4 A. Shell. 5 MR. HEWITT: Objection; repetitious. 5 Q. Oh, that's right. And when was that, and 6 A. I -- I can't recall if they Were legal 6 what time of the year in '76? 7 requirements. I know that there were company policies 7 A. I have no idea. I think it was late 8 that were requirements of the employees -- 8 spring. 9 Q. (BY MR. WATERS) Okay. 9 Q. Okay. Can you give me a sense, in the 10 A. -- on site. 10 time frame '72 to '76, the three and a half years you 11 Q. And you knew, for example, that there was 11 were at Armco, how many Brown & Root employees there 12 a requirement that asoestos work, work that created 12 were out there? Can you give me a range? 13 asbestos dust needed to be monitored to determine the 13 A. 50 to 150. 14 level of the hazard? 14 Q. And you were responsible for all aspects 15 a. Yes. 15 of their safety? 16 Q. Okay. And you knew that if there was dust 16 A. Yes. 17 created, it was necessary to use methods to reduce the 17 Q. Tell me what -- what types of crafts were l S dust, such as a wetting method? 18 out there at that time? 19 A. Yes. 19 A. We had pipe -- 20 Q. And you knew it was required to have some 20 Q. Is that pipefitters? 21 type of localized ventilation to suck away the dust 21 A. Pipefitters. 22 from the workers? 22 Q. Okay. 23 A. Yes. 23 A. We had labor, laborers. We had 24 Q. And you knew that respiratoryprotection 24 carpenters. 25 was also a requirement? 25 Q. Carpenters. Page 46 Page 49 1 a. Yes. 1 A. Riggers. 2 . Q. You knew that it was necessary for signs 2 Q. Riggers. 3 to be posted warning workers that asbestos was in the 3 A. Electricians 4 vicinity and could be a hazard? 4 Q. Electricians. 5 a. Yes. 5 A. Millwrights. 6 Q. And you knew that it was necessary to have 6 Q. Millwrights. All right. And the 7 a program to educate and advise the workers about the 7 pipefitters would work typically on the pipe, the 8 hazards of asbestos? 8 steam piping and other piping in the facilities? 9 A. Yes. 9 A. Yes, they worked on pipe. 10 Q. And that would include, specifically, the 10 Q. Did -- and I've always been confused by 11 potential that asbestos exposure could cause lung 11 this, did millwrights work on pipe as well? 12 cancer? --- 12 A. No. 13 A. Yes, I believe that was the terminology. 13 Q. If it was necessary to do 14 Q. So, while you may not recall if those were 14 insulation-related work, would that be something that 15 recommendations or requirements in late 1972, you were 15 the pipefitters would do? 16 fully aware from your training that all of those 16 A. No. n things needed to He done, cither as a matter of 17 MR. HEWITT: Objection to the form 1S corporate policy or a matter of legal requirement -- is of the question, to the extent it assumes 19 MR. HEWITT: Object to the over - 19 facts not in evidence. 20 Q. (by MR. WATERS) - at -- at Armco when 20 Q. (BY MR. WATERS) All right. Who would do 21 you were there? 21 the piping work, pipe insulation work? 2 2 A. Yes. 22 mr hewitt- Object to the 23 MR. HEWITT: That last question, 23 overbroad, vague, ambiguous form of the 24 1 object to the form of question on the 24 question. It assumesfacts not in 25 grounds it's overbroad, and also to the 25 evidence as phrased. DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Page 44 - Page 49 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 50 Page 53 1 A. Outside contractors for Armco. 1 O. Okay. Did you have occasion to sec them 2 Q. (by MR. waters) Armco, you're saying 2 on the job site from time to time? 3 Armco would hire outside contractors to do insulation 3 A. Yes. 4 work? 4 Q. As you made your rounds and toured the 5 a. That -- that's my recollection. 5 plant? 6 Q. What is that recollection based on? 6 A. Yes. 7 I mean how do you recall that? 7 Q. Okay. I take it from your earlier 8 A. The name Triple B, and remembering them 8 testimony that you don't have a specific 9 out on site doing work. 9 recollection -- or -- or maybe you do. Do you have a to Q. Okay. Now, if -- if one of your 10 recollection of watching them work on steam pipes? 11 pipefitters needed to access a steam pipe to do some 11 A. No. 12 work on it, and it was necessary to remove the 12 Q. But surely you don't doubt that, in fact, 13 insulation to do that work, would that pipefitter do 13 they did work on steam pipes, given the nature of 14 that work; or would he have a laborer do it, or who 14 them employment? 15 would -- who would remove that material? 15 MR. hewitt: Objection; speculative 16 mr. HEWITT: Object to the 16 and repetitious. 17 speculative form of that question. It's 17 A. I can't even recall steam lines at Armco is an inaccurate hypothetical. 18 Steel. I mean. I'm sure they were there. 19 A. Conceivably, the pipe -- the -- the actual 19 Q. (BY MR. WATERS) Right. Okay. Well, have 20 craft that was going to work on the different line 20 you been told that there's evidence in this case that 21 would probably remove it. 21 there were over 100,000 linear feet of asbestos pipe 22 Q. (BY mr. waters) Which would be the 22 covering insulation at that plant? 23 pipefitter? 23 MR. ERWIN: Objection; misstates 24 a. If it were a pipefitter involved, yes. 24 the evidence mischaractenzes the 25 Q. Okay. If it was a small amount of removal 25 evidence, calls for speculation. Page 51 Page 54 1 and replacement or repair or whatever, would the Brown 1 A. I have never been told that. 2 & Root employees put insulation back on; or would 2 Q. (BY MR. WATERS) Okay! That's more than 3 they -- they call Armco and have them do that work? 3 20 miles of steam piping, isn't it? 4 MR. HEWITT: Object to the form of 4 MR. HEWITT: Same objections. 5 the question. It assumes facts not in 5 A. If it's on steam piping yeah. 6 evidence and is speculative as phrased. 6 Q. (BY MR. waters) All right. So, as you 7 A. I dp not recall a single Brown & Root 7 sit here today, you are unable to recall in your 8 employee installing any insulation in my entire time 8 mind's eye, whether or not there was, in fact, steam 9 at Armco Steel. 9 pipe there, correct? 10 MR. WATERS: Okay. Let me object 10 A. Yes. 11 as nonresponsive. 11 MR. HEWITT: Objection; 12 Can you read my--well, let me 12 repetitious. 13 rephrase it. 13 Q. (by MR. WATERS) And so you are not able 14 Q. (by mr. waters) Can you give me a sense 14 to tell us if you recall having ever seen Mr. Petty or 15 of how many -- these different crafts you've talked 15 Mr. Gibson or any of the other pipefitters working on 16 about for example, how many pipefitters would you-all 16 steam pipe at the Armco facility? 17 have had? 18 A. I - n mr. HEWITT: Objection; 18 repetitious. 19 Q. 10, 15? 19 A. I've seen them work on miles of pipe. 20 A. Well -- 20 I -- I don't know if it was steam or -- or what it 21 Q. 20? 21 was. 22 A. When we had 50 people, we may have had 4. 22 Q. (BY MR. WATERS) All right. 23 When wc had 150, wc may have had 30. It 24 Q. It varied? 23 A. It could have been a -- a fire line, but 24 they worked on a lot of pipe out there, yes. 25 A. -- it's very hard to say. 25 Q. All right. And much of the pipe on which Page 52 Page 55 1 Q. All right. Do you recall any of the 1 they worked was insulated, was it not? 2 pipefitters who worked for Brown & Root at the Armco 2 MR. HEWITT: Object to the vague 3 facility in that time frame? 3 form of the question. 4 A. Yes. 4 a. I don't recall that it was more or less 5 Q. What arc their names? 5 insulated or noninsulated. 6 a. Pete Petty. 6 Q. (by MR. waters) Do you -- let me just put 7 Q How do you spell Petty? 7 it to you this way: Do you recall that there was a 8 a P-e-t-t-y, I believe. 8 significant amount of insulated pipe in that facility? 9 Q. And is -- okay. Is he still employed with 9 A. There was insulated pipe, yes. 10 Brown & Root; do you know? to O. And would it surprise you if there was 11 A. I -- 1 don't know. 11 evidence in this case that there was over -- over 20 12 Q. Who else? 12 miles of pipe insulated with asbestos? 13 a. Hoot Gibson. 13 mr. hewitt: Objection. 14 q. IIow about him, is he still with 14 mr. erwix: Objection; vague, is Brown & Root? 15 ambicuous, misstates the evidence, 16 A. I have no idea. 16 miscftaractcrizes the evidence, and 17 Q. Okay. Any other pipefitters you recall 17 misleading. 18 out there? is mr. hewitt: Assumes facts not in 19 a. Those two stand out, but -- 19 evidence. 20 Q. For some reason or another? 21 A. I don't recall any other. 20 a. It's a bic plant. There could have been a 21 lot of footage oT pipe. 22 Q. Were they more senior fellows, is that 23 why -- 22 Q. (by mr. waters) Have you ever observed, 23 at any time, the process of a pipefitter removing 24 a. They were more senior, and they had unique 25 names and personalities. 24 insulation in order to perform repairs or work on a 25 particular piece of pipe? DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Patic 50 - Pae 55 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 56 Page 59 1 A [ don't recall. 1 Armco facility? 2 Q. In your training with Brown & Root, did 2 A Yes. 3 you understand -- dia you come to understand that the 3 Q. Okay. What do you recall about that? 4 removal of asbestos insulation could be a potentially 4 a. Transite siding situation. 5 hazardous process? 5 Q. And did that involve the actual 6 A. Yes. 6 monitoring, air monitoring? 7 Q. And that's why it was necessary to have a 7 A. No. 8 bunch of these safety mechanisms if you were going to 8 Q. Okay. Was it an effort to determine 9 get involved with that kind of work? 9 whether a particular material did, in fact, contain to a. Yes. 10 asbestos? 11 Q. Did you give any -- any safety discussions 11 A. No. 12 or safety instruction at the plant? 12 Q. Was it known to be asbestos? 13 a. Yes. 13 A. They said it was. 14 Q. Did you -- were you--did you hold safety 14 Q. Who said it was? 15 meetings, for example? 15 a. An Armco employee. 16 A. Yes. 16 O. Okay. And what -- was any determination 17 Q. Do you have a -- a specific recollection 17 maac as to whether or not it was asbestos? 18 as you sit here today of ever holding a safety meeting 18 A. It was transite, and transite was 19 specifically for asbestos? 19 asbestos. 20 A. Not specifically for asbestos. 20 Q. Okay. Was that material friable in any 21 Q. All right. And I imagine you held safety 21 way, create dust in any way? 22 meetings on a wide variety of subjects? 22 A. Well, it can; but under this particular 23 A. Yes. 23 circumstance, we took the steps to make it 24 Q. Were the safety meetings that you held for 24 nonfriable. 25 the supervisors, or did you hold them for the -- the 25 Q. Okay. You did the various protective Page 57 Page 60 1 hourly employees? 1 mechanisms ~ 2 A. Both. 2 A. Correct. 3 Q. Did you ever have any safety discussion or 3 Q. -- we talked about earl 4 back and forth with the Armco Steel safety folks? 4 A. Correct. 5 A. Yes. 5 Q. So that when it created oust, that dust 6 Q. Did you know Mr. Hubert, for example? "J Y5 6 was safely removed from being a potential hazard? 7 a. It -- we had to take some screws out and 8 Q. Mr. Schmidt? 8 move some panels. We wetted it, and we didn't create 9 A. Yes. 9 any dust. 10 Q. Now, back in your training at -- well, let 10 Q. Okay. Was that -- was that a concern 11 me put it this way: At any time, nad you had training 11 expressed by an Armco employee about -- about a 12 and nad to do monitoring; that is to say, monitoring 12 potential hazard with the material? 13 for asbestos in the air or other substances in the 13 a. No, no. Brown & Root concern. 14 air? 14 Q. Okay. Armco not involved? 15 A. No. 15 A. No. Well -- well, it was their plant and 16 Q. In the '72 to '76 time frame, am I correct 16 their job. and we had to do it for them, so they were 17 that there was -- there were not any Brown & Root 17 involved; but -- 18 employees at Armco who were qualified to do air is Q. But you didn't have any discussion with 19 monitoring? 19 them about it? 20 MR. HEWITT: Object to the 20 A. Transite is asbestos, and here is what we 21 overbroad, speculative form of the 21 are going to do; and we did it the correct way. 22 question. 22 Q. fn the time frame '72 to '76 at Armco, is 23 A. I don't think so. 23 it a fair statement that you don't recall any air 24 Q. (by MR. WATERS) Okay. Do you know if 24 monitoring being -- being done specifically for 25 there were any Armco employees in that time frame who 25 asbestos? Page 58 Page 61 1 were qualified to do air monitoring? Do you know that 1 A. I -- I can't recall any in my time frame 2 one way or the other? 2 out there. 3 a. Yes. 3 Q. Well, I -- I haven't seen any -- have you 4 Q. Okay. Who do you believe would have been 4 seen any records that w'ould indicate that one way or 5 qualified? 5 another? 6 a. I think Schmidt. 6 A. No. 7 Q. Okay. Did you ever ask Schmidt to do 7 Q. Have you given a deposition previously, 8 monitoring of Brown & Root operations at any time? S ever given a deposition before? 9 a. I don't recall. 9 a. Yes. 10 MR. HEWITT: Objection; overbroad. 10 Q. In what kind of case? 11 Q. (by MR. WATERS) You don't recall? 11 A. Business dispute. 12 a. I don't recall. 12 Q. Okay. Any -- any cases involving 13 Q. Do you have--recall having any 13 asbestos? 14 discussions with the Armco folks about the hazards of 14 A. No. 15 asbestos or the potential hazards of the asbestos at 16 the plant? 17 a. 1 don't --1 don't recall. 15 Q. Did -- did youspend some tunc with the 16 Brown & Root lawyer before the deposition in order to 17 prepare? is Q. Did you ever take the time to look at the IS A. 1 had a meeting with Mr. Hewitt. 19 insulation in place to determine if it had become 20 friable at the Armco facility? 19 Q. That's right. And how long a meeting was 20 that today? 21 A. 1 don't recall specifically looking for 22 that. 21 A Todav was 10minutes, 15minutes. 22 Q. And had you met with him previously? 23 q. Okay. Did you ever get involved, or do 23 a Yes. 24 you recall any effort to catalogue or map the 24 Q. On how many occasions had you met with him 25 locations or the presence of asbestos materials at the 25 previously? DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 56 - Page 61 GONZALEZ VS. OCF, ETAL September 26, 1996 Multi-PageTM ORAL/VIDEO DEPOSITION OF _______________ GLEN PETE JOHNSON Page 62 Page 65 1 A. Twice. 1 MR. HEWim Objection; overbroad, 2 Q. So, twice before today; and then a brief 2 vague, and assumes facts not in evidence. 3 meeting today? 3 A. I -r I don't recall Brown & Root employees 4 a. Correct. 4 -- specifically seeing a Brown & Root employee move a 5 Q. Did he show you any documents? 5 piece of insulation off a pipe. 6 A. Yes. 6 MR WATERS: Okay. Objection; 7 Q. What did he show you documents of? 7 nonresponsive. Can you read that one back 8 a. Old Brown & Root office memos. 8 to him? 9 O. Okay. Did you have any interaction with 9 (The requested material was read by 10 Carl Richardson? 10 the reporter.) n A. Yes. 11 A. No. 12 Q. And I don't really know when you got 12 MR. HEWITT: i would object to the 13 there, but did you know him, for example, before you 13 readback of that question on the grounds 14 went to Armco? 14 it's repetitious. The witness has asked 15 A. He wasn't there then. 15 -- the question has been asked and the 16 o. That's right. That's what I thought. So, 16 witness correctly answered the question 17 did he come to Brown & Root some time between '72 and 17 that was asked. is '76? 18 Q. (BY MR. WATERS) All right. In the time 19 A. I have no idea. It was before the '80s, 19 frame where you had your one- to two-month training 20 I think he got there. I couldn't tell you. 20 period, I take it, then, you were not told at that 21 Q. I take it you don't have any recollection 21 point in time that one of the hazards having to do 22 of communicating with him in the '72 to '76 time frame 22 with asbestos in place was that from time to time, for 23 about asbestos? 23 maintenance work, it might be necessary to remove it. 24 a. I don't have a recollection of talking to 24 You were not told that or instructed that? 25 Carl Richardson specifically. He -- he was -- 25 A. We knew that, yes. Page 63 Page 66 1 I believe he was hired on as an industrial hygienist. 1 Q. From your training? 2 Q. Right. 2 A. Yes 3 A. And I could have ta i to him. I -- I 3 Q. Okay. And that is to say, you knew from 4 don't recall, but usually it of my business went 4 your training that it was necessary from time to time 5 through my area manager. . 5 to remove the insulation in order to work on pipes or 6 Q. Did you understand in the '72 to '76 time. 6 piping systems? 7 frame that there was a substantial amount of asbestos 7 MR. HEWITT: Objection; overbroad, 8 material at the Armco facility? 8 vague and ambiguous. It's not related to 9 MR. ERWIN: Objection; vague, 9 any geographic location or time period or 10 ambiguous. 10 specifically the circumstances in issue in 11 MR. HEWITT: Assumes facts not in 11 this lawsuit. 12 evidence, is overbroad. 12 A. Yes. There are applications whereworking 13 A. The amount of asbestos in -- in that 13 on pipe, asbestos - I mean, insulation needs to be 14 facility was never discussed or never told to me, the 14 removed. 15 amount of asbestos in that building, in the -- in the 15 Q. (BY MR. WATERS) All right. 16 plant. 16 A. Yes. n Q. (by MR. waters) Okay. And I understand 17 MR. waters: Okay. Let's take a 18 nobody ever told you about it. But did you 18 5-minute break, bathroom break; is that 19 understand, by virtue of your training and experience 19 all rieht? 20 and your observations, that there was a significant 20 THE WITNESS: Yes. 21 amount of asbestos insulation at the facility? 21 THE VIDEOGRAPHER: It'S 11:03 a.m. 22 a. We assumed that there was asbestos in the 22 We are off record. 23 facility, yes. 23 (Short recess.) 24 Q. Okay. And the reason -- one of the 24 THE VIDEOGRAPHER: It is 11:13 a.m. 25 reasons for that is because if you don't know whether 25 We are back on record. Page 64 Page 67 1 or not something is nonasbestos, you're required to 1 Q. (by MR. waters) Mr. Johnson, as you sit 2 assume, for the sake of safety, tbat it is asbestos, 2 here today, in looking back to the '72 to '76 time 3 right? - 3 frame, can you think of any particular instance where 4 a. Correct. 4 you recall observing work done by the pipefitters or 5 Q. So, in the '72 to '76 time frame, you knew 5 by a number of pipefitters, where you can visualize 6 that there was a lot of steam pipe in the facility, 6 what they are doing in your mind's eye? 7 right? 7 A. Yes. 8 MR. HEWITT: Objection; overbroad 8 Q. Mow many -- how many occasions can you 9 and repetitious. 9 recall in that fashion? 10 A. There was a lot of pipe. I -- I can't 10 MR. ERWIN: I'm sorry, are we 11 tell you if it was steam or wnat, or what it was. A 12 lot of pipe. 11 talking about Armco site in -- 12 MR. WATERS: Yes, from '72 to '76, 13 Q. (by MR. waters) And you ~and you knew 13 right. 14 that a large amount of the pipe was insulated? 14 A. Daily occurrences. 15 MR. HEWITT: Objection; 16 repetitious. 15 Q. (by MR. WATERS) Okay. You have -- I'm 16 asking if you have a specific recollection of any 17 MR ERWIN: And misleading, 17 particular day or event where you observed what the is a We ran across insulated pipe. is pipefitters were doing. 19 Q. (by MR. waters) Okay. And you knew that 19 A. Yes, 1 do. 20 the pipe covering was asbestos unless you could test 20 Q. What is that? What was the event? What 21 it and show that it wasn't, right? 22 A. We assumed that it was asbestos. 21 was the circumstance? 22 A The event was putting a big spool on a 23 Q. Okay. Did you recognize that from time to 24 time it would be necessary to remove the asbestos in 25 order to work on pipes? 23 piece of pipe in the pine shop. 24 Q. Okay. And when did that take place, 25 approximately? DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 62 - Page 67 GONZALEZ VS. OCF, ET AL Multi-PageTM ORAL/VIDEO DEPOSITION OF September 26, 1996 ________________________________________ GLEN PETE JOHNSON Page 68 Page 71 1 a. Year? What year? 1 A. Yes. 2 Q. Yes, sir. 2 Q. Which were they? 3 A. '74. 3 A All -- all of them. 4 Q. Okay. And why is it you recall that 4 Q. Oh, all of them. So it would have been 5 particular event so well? 5 all of the workers employed at that time by 6 a. Because the well was so big and the spool 6 Brown & Root at the facility? 7 was so big. 7 A. Correct. 8 Q. Okay. It was a big -- big operation? s Q. Okay. That would include -- would have 9 A. Well, a big piece or pipe. 9 included pipefitters, laborers, all of them? 10 Q. Okay. Any other specific recollections 10 A. Correct. 11 that you can have of observing pipefitters doing their 11 Q. All right. And the information that 12 work in a particular instance, a particular situation? 12 asbestos was hazardous, did you -- did you include in 13 A. Yes. 13 that information that it could cause cancer? 14 Q. Tell me about that. 14 A. I'm sure I did, but I don't recall 15 a. Hoot was running a piece of drain pipe in 15 specifically saying that. 16 a bottom of a ditch with a -- a young helper that 16 Q. Okay. And that was information that you 17 didn't want to get his hands wet, ana Hoot reached 17 felt it was important to relay to the workers? 18 over and stuck nis hands down in the dirty water. I is A. Yes. 19 --1 remember that incident. 19 Q. Because you wanted them to be able to, if 20 Q. Okay. Any others besides the two -- 20 it was necessary, appropriate, to take precautions for 21 a. No. No, not specifically. 21 their own safety if they had to work with or around 22 Q. And you'll agree with me that over the 22 asbestos? 23 course of your four years, three and a half years 23 A. That's correct. 24 there, you did not make a habit of trying to catalogue 24 Q. And it was important enough -- oh -- well, 25 or observe the work that the particular crafts or 25 strike that. Page 69 Page 72 1 trades were doing? 1 That information, that is to say, that 2 A. No. 2 asbestos was hazardous and could cause -- could cause 3 Q. And you'll agree that there would be a 3 cancer, you wanted to make sure that information rent 4 significant number of operations performed by 4 to all of these different crafts, including the 5 Mr. Gibson or Mr. Petty or the other pipefitters of 5 carpenters and the electricians and the millwrig' 6 which you might not be aware? 6 the whole -- all the different trades? 7 mr. hewitt: Object to the 7 A. Certainly. 8 . overbroad, speculative form of the 8 Q. Because you recognized that they all had 9 question as phrased. 9 the potential to work with or around asbestos 10 A. Pm sure there was. 10 materials at the facility? u Q. (by MR. WATERS) Did you ever have any 11 MR. hewitt: Object to the 12 discussions with Mr. Petty or Mr. Gibson about the 12 overbroad, vague form of the question. 13 potential hazards of the asbestos insulation that you 13 A. I don't think that specifically they would 14 can recall? 14 all have an opportunity to be around asbestos, but if 15 A. Not specifically to them. 15 they saw -- part of -- part of their job was to report 16 Q. Okay.Do you recall any specific 16 unsafe -- 17 conversations about asbestos with any of the various 17 Q. (BY MR. WATERS) Conditions? 18 crafts that worked out there, specific conversations? IS A. -- conditions also. And in order to have 19 a. Yes. 19 people that can do that, you need to let them know 20 Q. And who would that be? 20 about all of the hazards. 21 A. It was -- well, it was a toolbox safety 21 Q. Okay. How long did these -- these toolbox 22 meeting -- 22 safety meetings generally take? 23 Q. Okay. 23 A. 15 to 30 minutes, generally. 24 a. -- at this time began to transform, but it 24 Q. Okay. And in the occasion where you 25 was a part of that toolbox safety meeting talk, not 25 recall discussing the hazards of asbestos, can you Pase 70 Page 73 1 specifically, not the total meeting, but -- 1 give us a sense if you spent 5 minutes on it, or how 2 Q. It was brought up? 2 much time you spent on it? 3 A. -- a part of it, sure. 3 MR. HEWITT: Object to the form of 4 O. Okay. So what you can recall is that at a 4 the question It's a mischaracterization 5 toolbox meeting the subject of asbestos was brought 5 of his earlier testimony, regarding the 6 up in the general sense? 6 general recollection he has regarding 7 a. Certainly. 7 safety meetings where asbestos was a 8 Q. Okay. And these toolbox meetings, were s topic. 9 they at a particular time; do you recall? 9 Q. (BY mr. WATERS) You can answer. 10 a. Yes. 10 A. About 5 minutes maybe. I don't -- I don't 11 Q. Morning, afternoon -- 11 recall, really. 12 A. Morning. 12 Q. Did you tell the Brown & Root employees 13 Q. Morning. Okay. Were they a weekly 13 that they were to assume that insulation material was 14 occurrence? 14 asbestos unless there was a specific confirmation that 15 A. Weekly. 15 it was nonasbestos, what we talked about? 16 Q. And can you tell us approximately what 16 A I--I don't recall. I'm sure I did, 17 year it was that you recall this one instance where 17 but - IS you included the topic of asbestos? IS Q. Okay. 19 MR. HEWITT: Objection; that's a 19 A. That was the general rule of thumb. 20 mischaracterization of his testimony. 20 Q Did you tell them that if they had any 21 It's a misleading question. 21 reason to be involved with pulling out or tearing out 22 Q. (BY MR. WATERS) You can answer. 23 a. f -- I don't have a clue. 22 asbestos insulation, that they should come and sec ! 23 you, for example; or what did you tell them about 24 Q. Do you recall which crafts were at the 25 meeting? 21 what? 25 A That's correct. They should report it to DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Pace 68 - Pac 71 GONZALEZ VS. OCF, ET AL Multi-PageTM ORAL/VIDEO DEPOSITION OF September 26, 1996 _______ GLEN PETE JOHNSON Page 74 Page 77 1 the safety supervisor and/or their immediate 1 show you a chart or a diagram that helped refresh your 2 supervisor as a -- as a hazard. 2 recollection about where things were located? 3 Q. Okay. So that any -- so that you made 3 A. I just went into his office during the 4 them understand that any time they were going to be 4 break and I said, "That's a map of Armco Steel?" 5 involved with work that might create asbestos dust, 5 And he said, "Yeah." And he said, "Where 6 they were to immediately inform their superiors? 6 was your office at?" 7 MR. HEWITT: Object to the form of 7 And I said, "Show me the direct S the question on the grounds it assumes 8 reduction." And he did. And I just saw if 15 minutes 9 facts not in evidence and it's 9 ago. 10 speculative. It's a mischaracterization 10 ~ Q. Okay. All right. 11 of what this witness has testified to 11 Do you recall in the '72 to '76 time 12 relative to work he recalls Brown & Root 12 frame, one way or the other, whether Brown & Root 13 doing out there relative to insulation. 13 employees did work in the powerhouse? Do you recall 14 Q. (by MR. waters) You can answer. 14 work -- 15 A Along with many, many other things, yes. 15 A. I don't recall the powerhouse. 16 Q. Okay. 16 Q. Okay. Do you recall one way or the other 17 A. Reporting of unsafe conditions is of 17 whether Brown & Root employees aid work in that time 18 utmost importance. i 8 frame at the blast furnace? 19 Q. All right. And based on what you told 19 A. It - we did some minimal work in the 20 these folks to do, if they did have occasion to be 20 blast furnace -- 21 involved with friable or loose asbestos, then it was 21 Q. Okay. 22 their job and their duty to come and tell either their 22 A. -- in my time -- during my stay there. 23 superior or someone like you? 23 Q. Do you recall during your stay there 24 A. .. Right. 24 whether Brown & Root did any work at the coke plant? 25 mr. HEWITT: Objection; spec - 25 A. Yes, we did work at the coke plant. Page 75 Page 78 1 speculative, assumes facts not in 1 Q. Did you do a significant amount of work at 2 evidence. 2 the coke plant? 3 A. Right. 3 A. No. 4 Q. (by MR. WATERS) Okay. And if, in fac 4 Q. Of those three facilities, did you do 5 Brown & Root employees did not come to tell you or to 5 significantly more work at the coke plant than you did 6 tell their superior that they were in the process that 6 at the powerhouse? 7 might create dust, you would agree with me that they 7 A. Not knowing anything about the powerhouse, 8 were not doing their job the way they were supposed 8 I would say we diamore at the coke; but if it's 9 to? 9 the -- the blast furnace or the coke, I think we did 10 MR. HEWITT: Objection; 10 more work at the coke ovens. 11 speculative, assumes facts not in 11 MR. hewitt: I believe he said he 12 evidence. 12 didn't recall anything at the powerhouse. 13 a. I would say that that employee had not 13 MR. WATERS: i think that's right. 14 lived up to his obligation to the company and his 14 o. (by mr. waters) What is the area of the 15 fellow employees, yes. 15 facility where you recall doing the most work? 16 Q. (by MR. waters) And you would agree with 16 A. No. 2 electric furnace. 17 me that that employee or those employees would be, 17 Q. And what -- where -- what -- was that a 18 under those circumstances, considered to be either 18 part of a larger area? 19 careless or negligent? 19 a. No. It was an area in itself. 20 MR. HEWITT: Objection; assumes 20 Q. In itself. What type of work was 21 facts not in evidence, is speculative, 21 Brown & Root doing there? 22 calls for a legal conclusion, and fails to 22 a. They installed a air vacuum system on top 23 state the proper standard, legal standard. 23 of the No. 2 electric furnace. 24 a. I think under those circumstances, 24 q. So, there was an existing structure and 25 "negligent'1 may be harsh; but, yes, they are not doing 25 existing equipment and they added to it? Page 76 Page 79 1 their job properly. 1 a. Correct. 2 Q. (BY MR. WATERS) Okay. And again in this 2 Q. Did that work involve any demolition in 3 time frame, '72 to '76 -- or I'Ll put it to you this 3 order to prepare for that or to combine that -- those 4 way: After OSHA became the law, if asbestos materials 4 buildings? 5 were removed or disturbed or dust was created without 5 A lt had to have been some minimum 6 these additional precautions and without the air 6 demolition. 7 monitoring you'd agree that that would be in 7 Q. What about the open hearth furnace, do you 8 violation of the regulations? 8 recall whether or not Brown & Root did work in the 9 mr. erwin: Objection; vague 9 time frame you were there? 10 ambiguous, overbroad. 10 A. Which -- which one? 11 MR. hewitT: Also calls for a legal 11 Q. How many were there? 12 conclusion on the part of the witness. 12 A. They had many furnaces out there. 13 A. Ask that again. 13 Q. Well, was there one in particular you 14 Q. (BY MR. WATERS) I'll get her to read that 15 one back. 16 a. Okay. 14 remember as the open hearth furnace? 15 a. There was several called open hearth 16 furnaces. 17 (The requested material was read by is the reporter.) 19 a Yes. 17 Q. Oh, is that right? is a In fact, I went out there, they tore to down -- they tore down an open hearth fumacc, which 20 n (by mr. waters) Do you consider yourself, 20 is the reason I went out there in the first place. 21 or do you have a pretty good recall about the plant :i Q. Okay. Brown & Root was involved with the 22 and the various structures and whatnot, where they 23 were located? 24 a. I think so. 22 demolition of an open hearth furnace? 23 A Yes. 24 Q Okay. And was that, again, in the '72 to 25 Q. Okay. And did the Brown & Root lawyer 25 '76 time frame? DIANA HENJUM REPORTING SERVICES, P C. 1-800-780-2555 Pace 74 - Pace 79 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 80 Page 83 1 A. Yes -- well, they finished just about the 1 A. We did some work in there. 2 time I got out there. So it was really pre-'72 or 2 O. And you did some work generally in the 3 '73. 3 mill area, you told us? 4 Q. And how large was the -- the open hearth 4 A. Uh-nuh. 5 furnace that they demolished? 5 Q. The wide flange mill? 6 a. Well, it was several. Probably 300 foot, 6 a No. No. We -- we did minimal work in the 7 but there was several furnaces in there. 7 wide flange mill. 8 Q. Several structures that were 300-foot? 8 Q. Wnat's minimal? 9 A. Brick ovens that were tore down, 9 A. I -- I can only recall -- we -- it was to Q. Okay. And there were boilers at 10 basically electrical-type projects on the big -- I 11 those -- associated with those furnaces or in the 11 reckon they are generators out there. 12 vicinity of those furnaces? 12 Q. Right. Okay. 13 a. 1 don't know how they were fired. I don't 13 a. We did some work on those. 14 recall. When I got there, it was basically all tom 14 Q. Right. The -- the work, whatever work you 15 down. 15 can recall at the wide flange mill, it was your 16 Q. It was done? 16 recollection it would have been electrical in nature, 17 a. I don't know what was -- 17 in this time frame? 18 Q. Okay. 18 A. Yes. 19 a. -- there. 19 Q. Do you have any specific recollection of 20 Q. The demolition of the open hearth furnaces 20 observing that work or any portion -- specific portion 21 would have resulted in some asbestos insulation being 21 of that work? 22 removed as part of the demolition process? 22 A. Yes, I do. 23 MR. HEWITT: Object to the 23 Q. What do you recall? 24 speculative form of the question and 24 A. We had a crew -- we had a rigging crew 25 assumes facts not in evidence. He said 25 there with the millwright crew removing - we had -- Page 81 Page 84 1 this occurred before he was there. 1 and I think they called them gener -- it's been a long 2 a. I can't say that specifically. 2 time. But it was a generator that was -- was taken 3 Q. (by MR. waters) The open hearth furnaces 3 out, loaded on the truck and hauled off for repair. 4 that were still in operation after you arrived, those 4 q: Okay. 5 contained steam piping, did they not? 5 A. Is what the nature of the work was. 6 a. Probably. 6 Q. Do you recall if the generator was 7 Q. Were you aware that the powerhouse blast 7 insulated? 8 furnace and coke oven were eventually, demolished? 8 A. It was not. 9 mr. HEWITT: Objection; assumes 9 Q. Was it in conjunction with a turbine? 10 facts not in evidence. to a. Yes. 11 A. I didn't know that. 11 Q. Was the turbine insulated? 12 (by MR. WATERS) How about the wide flange 12 A. I don't recall. 13 Q. Was -- were there any steam piping systems 14 a. Yes. 14 or other piping -- piping systems in the vicinity of 15 Q. Did -- did Brown & Root do a significant 15 the generator? 16 amount of work at the wide flange mill? 16 A. Yes, there was. 17 A. It was minimum, when I was out there. 18 Q. '72 to *76? 17 Q. Okay. And how long did it take, this job, 18 to go in there and disconnect everything and get that 19 A. It was minimum. 19 generator out pf there? 20 Q. Okay. How about the No. 1 electric 20 A. We did it in three days. 21 furnace shop, did Brown & Root do some work out there 21 Q. Other than that particular job, do you 22 in that time frame? 22 have a specific recollection of work ongoing at the 23 a. I don't recall, specifically, that 24 structure. 25 Q. So, you -- 23 wide flange mill during this time frame? 24 A. No. 25 Q. And why was it that you -- if -- if you Page 82 Page 85 1 A. I --1 remember hearing the number, 1 can recall why, you particularly observed that one .2 No. 1; but I can't --1 can't place where it was at 2 job? 3 out there. 3 A. Well, we had a crew -- the crew had been 4 Q. So your answer would be you don't know? 4 out there manv, many hours; and the management told 5 a. I don't know. 5 them to stay there with them. 6 Q. Fair enough. Do you recall the -- the 6 Q. Okay. 7 time that you talked about the toolbox safety meeting 7 a. And! was basically, I babysat that one 8 where asbestos was discussed, do you remember that 8 project because of the nature of the -- the work. 9 earlier testimony? 9 Q. Do you recall whether it was necessary to 10 a. Yes. 10 remove any asbestos insulation as part of that work? 11 Q. Was that the result of -- did the 11 A. I -- I do not recall any insulation at 12 discussion come up as a result of some questions by an 12 all. 13 employee; or was that part of your -- on your schedule 13 Q. But you do recall there being insulated 14 to be discussed on that given day? 14 pipe in the vicinity? 15 MR. HEWITT: Object to the form of 15 A. I recall piping. I -- I can't 16 that question on the grounds it's a 16 specifically say it was insulated. 17 miscnaracterization of his earlier 17 Q. Did Brown & Root do any work in the boiler is testimony, it's misleading. 18 house? 19 a It's -- it was -- it was based on my 19 A. Is that the powerhouse? 20 decision to talk about it because of the information 21 that was being gathered at corporate and passed down 20 Q. Yeah--well, maybe it is. 21 A. I don't know. 1 don't recall._ 22 to us in the field concerning the -- what was going on 23 in the asbestos world. 22 Q. Now, you're not in a position to sit here 23 and tell us all of the different projects that 24 q. (by MR. WATERS) How about the walking 25 beam furnace? 24 Brown & Root did at the different buildings or 25 different areas of the plant from 1972 to '76, arc DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Page 80 - Page 8 7 GONZALEZ VS. OCF, ET AL Multi-PageTM ORAL/VIDEO DEPOSITION OF September 26, 1996 GLEN PETE JOHNSON Page 86 Page S'> 1 you? 1 Q fUY MR. WATERS) Okay. Let me ask you 2 A. No. 2 about, let's see, the bag house, any work in the bag 3 Q. And that would be, what, dozens or 3 house in the time that you recall? 4 hundreds of projects over the course of three to 4 A Which one? 5 four years? 5 Q. How many bag houses were there? 6 A. Many. 6 A 1 know of two. i Q. You're not in a position to tell us 7 n. Okay. Well, let's take those two. Either s whether or not an Armco employee at -- at the facility 8 of those? 9 may or may not have had exposure to asbestos in that 9 A. We built the bag house. 10 time frame? 10 Q. In that time frame? 11 A. No. 11 A. Yes. 12 Q. Did Brown & Root ever do any work in the 12 Q. Built one of them -- the newer one? 13 metallurgy building? 13 A. We built the bag house No. 2 electric 14 a. Yes. 14 furnace. 15 Q. Do you recall any specifics about that 15 Q. What was the bag house No. 2 electric 16 work in the '72 to '76 time frame? 16 furnace? 17 a. No specifics. 17 A. It was a filter, a big filter. 18 Q. Will you agree with me, sir, that friable 18 Q. And what was the purpose of the filtering 19 asbestos is a hazardous condition? 19 system if you recall? 20 a. Yes. 20 A. Well, the - the entire deal was a dust 21 Q. How aboutthe electrical substation, did 21 collection system to prevent the dust from the No. 2 22 we already talk about that? 22 electric furnace escaping into the atmosphere. 23 A. No. 23 Q. And what kind of dust was that? 24 Q. No, you don't recall any work; or no, we 24 a. Steel dust. 25 didn't already talk about it? 25 Q. Steel dust. And was asbestos used as part Page 87 Page 90 1 A. We didn't talk about it. 1 of the filtration system for the bag house device? 2 Q. Okay. Do you recall doing any work, 2 A. I don't -- I don't know. 3 Brown & Root doing any work at the electrical 3 Q. You don't know? 4 substation during this time frame? 4 . a. I don't know what the filter media was. 5 A. Which one? 5 Q. Let's talk about the No. 1 electric 6 Q. Do they have different sequences or 6 furnace shop. Did Brown & Root do work in that 7 numbers, do you recall? 7 facility? 8 A. There were many electrical substations and 8 A. I -- I can't recall. I remember the 9 switch gears in that plant. 9 No. 1. I can't recall where it was or what would have 10 q. Okay. How about the No. 2 electric 10 went on there. 11 furnace shop? 11 Q. How about any work at the hot top 12 a. Yes. 12 building, No. 1 electric furnace shop, can you 13 Q. Did Brown & Root do work in that facility 13 recall -- 14 '72 to *76? 15 a. Yes. 14 A. 1 remember that -- that. But again, 15 I can't recall specifically any -- any -- any work 16 Q. What about in any of the operations areas? 16 there. 17 a. Be specific. I mean, we -- we were in a 17 Q. You are not saying it didn't happen, you 18 lot of the buildings out there. 18 are just saying you don't have a specific recollection 19 Q. Were you often -- was Brown & Root often 19 of a specific project? 20 doing work in the vicinity of or adjacent to where 20 A. No. 21 Armco workers were doing their work? 22 A. No. 21 q. Did you become familiar with an asbestos 22 product called Johns-Manvillc Thcrmobcstos? 23 Q. Okay. Why was that? I mean, was there 23 A. Never heard of it. 24 some policy, was there some -- 24 Q. Did you have an understanding that there 25 A. Armco was union. Brown & Root was open 25 were substitute materials available for asbestos -r-t Page 88 Page 91 1 shop. There wasn't a lot of love loss there to begin 1 insulation by '72 or '73? 2 with. But Brown & Root had specific contracts and 2 A. Yes. 3 specificjobs that were performed. 3 Q. Did Brown & Root use the substitute 4 Q. Right. 4 materials when it needed to use insulation as oppo ;cd 5 A I'm not saying they didn't work beside 5 to the asbestos material? 6 each other, or an Armco employee wasn't within sight. 6 MR. hewitt: Object to the 7 But - 7 overbroad, vague form of the question. s Q. They didn't work together? 8 A. To the best of my recollection, 9 a. No. We could have been working on a -- a 9 Brown & Root did no insulation work at Armco Steel :he 10 unit, and they could have been making plate 5 feet 10 time I was out there. 11 away, but there was no correlation between the two 12 groups at all. 11 MR. WATERS: Okay. Let me object 12 as nonresponsive. 13 Q. Okay. Brown & Root employees and the 13 Q. (by MR. WATERS) I'm just talking about in 14 Armco employees did not work together on given 14 a -- in a general sense. Brown & Root, corporate 15 projects; is that a fair statement? 15 Brown & Root? 16 A I do not recall an instance of a 16 A. Yes. I can't specifically -- but, yes. 17 Brown & Root employee and a Armco employee working is together on anything. 17 there were conversations about asbestos sub -- is substitutes 19 Q. But what did happen from time to time, 19 Q. Okay. Did Brown & Root use Triple B as a 20 given the nature of the plant was Armco and 20 subcontractor for insulation work; or do you know7 21 Brown & Root workers might well be working in the 22 vicinity with one another? 21 A. Yes. 22 Q. And that -- I should have asked the 23 MR. HEWITT: Object to the 23 question, with respect to Armco, if that would have 24 overbroad, vague form of that question. 25 a Yes. 24 been true? 25 A I don't know if Armco hired them or DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Paec 86 - l'a>'c 9 i GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 92 Page 95 1 Brown & Root hired them. 1 A I remember doing work in the combination 2 Q. Okay. But the Triple B insulation folks 2 mill. 3 would do insulation work, if necessary, on the 3 Q. Anything more specific than that? 4 Brown & Root projects? 4 A No. 5 A Yes. 5 Q. And the pipe mill, I think you've told us 6 Q. And when you say insulation work done by 6 you recall doing work -- Brown & Root doing work at 7 Triple B, is that new insulation work, that is to 7 the pipe mill? 8 stay, installation' or docs that include, in your 8 a. Yes. 9 mind, removal of insulation and replacement? 9 Q. Any Brown & Root work at the roundhouse? to a. That would depend on the scope of the 10 A. I don't recall. 11 work, obviously; but predominantly, new installation. 11 Q. Any work done at the'mill office? 12 Q. Do you know -- do you know whether or not 12 A. I don't recall. 13 Triple B was using asbestos-free insulation at Armco 13 Q. Machine shop maintenance area? 14 in the '72 to '76 tune frame? Do you know one way or 14 A. I don't recall. 15 the other? 15 Q. Any work done at the main office building? 16 A. No. 16 A. 1 don't recall. 17 Q. Did you recognize in 1972 that the removal 17 Q. How about the blast furnace, did we talk 18 of insulation could potentially cause hazardous dust? 18 about that? 19 a. Yes. 19 A. Yeah, I - I think 1 said we had -- there 20 Q. Did you recognize in 1972 that the cutting 20 was some work done there. 21 or sawing of new asbestos insulation could create a 21 Q. Okay. And specifically, the blast furnace 22 potential hazard? 22 maintenance shop, do you remember some work in that 23 a. Yes. 23 vicinity? 24 Q. And did you recognize that either the 24 A. NO. 25 tearout of old asbestos insulation or the cutting of 25 Q. Would you agree with me, sir, that it's Page 93 Page 96 1 new insulation both could -- could result in an 1 possible that in the time frame you were at Armco, 2 employee or other persons' exposures to asbestos? 2 that there were occasions where Brown & Root employees 3 MR. ERWIN: Objection; ambiguous. 3 may have been involved with the removal of some amount 4 mr. hewitt: Objection to the 4 of asbestos material of which you are not aware? 5 overbroad form of that question. 5 MR. HEWITT: Objection -- 6 A. Yes. 6 MR. ERWIN: Calls for speculation. 7 Q. (by MR. WATERS) What about the blooming 7 mr. hewitt: Object to the 8 mill any -- do you have a recollection one way or 8 speculative form of the question, and also 9 another? 9 assumes facts not in evidence. 10 A. No. 10 A. It's possible. 11 Q. What about the structural mill,do you 11 Q. (BY MR. WATERS) Okay. Because obviously, 12 have a recollection that Brown & Root did work in '12 12 you are -- were not in a position to observe the 13 to '76 at the structural mill? 13 operations of all of the various Armco employees on a 14 a. They did do work there. I don't know the 14 daily or regular basis, correct? 15 specifics of it. 15 A. Yes. 16 (T Okay. What about the heat-treat building, 16 Q. And there would be certain days where 17 did Brown & Root do work at the heat-treat building in 17 there were a large number of Armco employees that you 18 this time -- 18 may not even have seen or observed what they were 19 A. Yes. 19 doing in the field? 20 Q. -- fair amount of work at that facility? 20 A. Armco employees weren't my responsibility. 21 a. Average. 21 Q. Bad question. Thank you -- thank you for 22 Q. Okay. How about the rod mill? 22 catching that. 23 A. Yes. 23 A. Brown & Root employees, are -- yes -- not 24 Q. The coil storage building? 24 large numbers, but there could have been crews that 25 a. Don't recall that name. 25 disappeared out of sight that I didn't get to during Page 94 Page 97 l Q. The wire mill building? 1 the daily situation. 2- A. Don't recall doing work there. 2 Q. Okay. And you wouldn't -- you wouldn't 3 Q. The bar storage buildings? 3 have any present recollection of what that type of 4 A. Yes. 4 work entailed, would you? 5 Q. The mill spares building? 5 A. NO. 6 A. No recollection. 6 Q. Did you ever have any discussions with 7 Q. And the wire mill warehouse? 7 Triple B employees concerning the hazards of asbestos 8 A. No recollection. 8 or potential asbestos exposure? 9 Q. Any work around the open hearth main steam 9 A. 1 --1 don't ever remember Triple B being 10 header if you can recall? 10 in the facilities while I was a safety man. H A. I don't recall. 11 Q. Okay. How is it that you recall that they 12 Q. How about the plate mill area? 12 did work out there, generally? 13 A. Yes. 13 A. I knew that they were a subcontractor on 14 Q. How about at the combination mill? 14 projects out there. 15 A. Yes. 15 Q. Okay. 16 Q. Fair amount of work at -- there at the 17 combination mill? is A. Pretty average, just-- 16 a. Triple -17 Q. Just generally, you knew -- is a Generally, I knew that they were a -- a 19 O. Okay. And within that, the 160-dcgrcc 20 mill building, did you-all do work in that? 21 A. 1 don't recall that, no. 22 Q. Okay. Do you recall, as far as the 19 contractor that nad worked out there. 20 Q. Okay. And that if Brown & Root was going 21 to use a contractor for insulation work, Triple B 22 would have been who it was? 23 combination mill is concerned, which buildings you 23 A I - I - I did - 24 actually worked at; or do you just generally recall 25 the -- 24 Q. To the best of your recollection. 25 A. Triple B had done work for Brown'& Root DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 92 - Pa-c 97 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 98 Page 101 1 Q. Okay. Arc you aware of anybody else doing 1 be in the vicinity? 2 that type of work out there, insulation work? 2 A Yes. 3 A At Armco? 3 O. Have you been asked to come testify at 4 Q. Yes, sir. 4 trial in this case? 5 A. No. 5 A. No. 6 Q. Did Armco have its own crafts at the 6 Q. Okay. If Brown & Root asks you to come 7 facility? 7 testify at trial in this case, would you come for 8 A. Yes. 8 that? 9 Q. All right. And some of those were similar 9 A. Yes. 10 designations or names to what you-all had? 10 MR. waters: Pass the witness. 11 A. Yes. 11 MS. KELLY: I have no questions at 12 Q. So, were you aware, for example, that 12 this time. 13 Armco had pipefitters who worked out there? 13 *** 14 a. Yes. 14 EXAMINATION 15 Q. Insulators? 15 * * * 16 a. Yes. 16 BY MR. ERWIN: n q. Electricians? 17 Q. Mr. Johnson, I have a few questions. 18 a. Yes. 18 I want to make sure the record is clear about a -- a 19 Q. Laborers? 19 few things, and it may just be my --.my note taking 20 a. Yes. 20 ability and nothing that you have said today; but 21 Q. And incidentally, laborers, are they 21 I just want to make sure about a couple of areas. 22 typically the lower ena of the totem pole with respect 22 First of all, regarding your discussions 23 to the work out there? Start -- the younger guys or 23 with Mr. Waters concerning Triple B and whether or not 24 the guys with less experience? 24 you ever observed them out at the Armco facility, I 25 a. I -- I can't speak for Armco; but for 25 want to make sure I understand what your testimony is. Page 99 Page 102 1 Brown & Root, they were -- 1 Did you, sir, ever observe Triple .B out there 2 Q. They were the guys -- 2 performing any activities pertaining to insulation of 3 A. They weren't skilled craftsmen. 3 piping while you were at the Armco facility? 4 Q. All right. Now, a laborer could become, 4 A. I don't recall. 5 over time, he could learn how to become a craftsman at 5 MR. WATERS: Objection; calls for 6 some point in time, right? 6 speculation on the part of the witness, 7 A. Sure.- 7 given his prior testimony, lack of 8 MR. ERWIN: Especially if they were 8 foundation. 9 working for Mr. Gibson, right? 9 A. I don't recall Triple B being on a 10 THE WITNESS: Yeah. 10 Brown & Root project during the time I was out there. 11 MR. ERWIN: Sony. 11 Q. (by MR. ERWIN) Okay. So, you did not sec 12 MR. WATERS: Okay. 12 Triple B at the Armco facility, correct? 13 THE VIDEOGRAPHER: It is 11:51 a.m. 13 A. I do not recall seeing Triple B on site 14 We are off record. 14 during my time out there. 15 (Discussion off the record.) 15 Q. All right, sir. Am I correct that the 16 THE VIDEOGRAPHER: It is 11:52 a.m. 16 only particular concern about exposure to 17 We are back on record. 17 asbestos-containing products at the Armco facility 18 Q. (BY MR. WATERS) Talking about the l s which you can recall concerned perhaps insulation 19 laborers, was it -- does it generally fall to those 19 products on piping, although you assume that that 20 guys to do cleanup-type work? 20 insulation was asbestos and didn't know it was 21 A. Yes. 21 asbestos for sure; is that correct? 22 Q. All right. And if you did have a 22 A. I --1 can't recall an instance where 23 situation where there was dirt or debris or dust 23 I was involved, of Brown & Root disturbing any 24 remaining from any kind of operation, would it 24 insulation. The -- the only product at the Armco 25 typically be their job to -- to clean that up as a 25 facility plant that we were told was asbestos that I Page 100 Page 103 1 final instance? 1 was specifically involved in was transite siding -- 2 MR. HEWITT: Objection; overbroad, 2 Q. Okay. 3 vague. 3 A. -- on an operation. 4 a. Yes. 4 Q. And that was that one operation you 5 Q. (by mr. waters) And was Brown & Root 5 mentioned earlier? 6 generally required to, from a housekeeping standpoint, 6 A. One operation right. 7 to clean up whatever mess they may have made in the 7 Q. And just so the record is clear, your 8 course of their operations and leave it clean for the 8 discussions with Mr. Waters concerning whether or not 9 Armco folks? 9 there were asbestos -- there was asbestos insulation 10 a. Yes. 10 at the Houston Works Armco facility has been based on 11 Q. Did you recognize that there might be 11 an assumption that you made that it might have been 12 Brown & Root work that under certain circumstances 12 asbestos-containing, but you performed no tests or 13 could be potentially hazardous to Armco employees? 13 made any determination about whether or not it was 14 MR. HEWITT: Object to the 15 overbroad -- 14 asbestos; is that correct? 15 A. Yes. 16 Q (BY MR. WATERS) I mean. I'm not talking 17 about -- 16 Q. I want you to ask you to recall your 17 discussion with Mr. Waters concerning the -- what you 18 MR. HEWITT: Go ahead. is understood to be requirements that came into place 19 Q (BY MR. WATERS) -- anything specific, but 19 concerning the need for wetting, respiratory 20 just in the general sense, did you recognize that that 20 protection, use of signs, ventilation, and a program 21 was a possibility? 22 A ICS 21 to advise employees of the hazards of asbestos. As we 22 sit here today, sir, can you remember the year in 23 Q Okay. And certainly. Brown & Root wanted 23 which those came into play? 24 to take precautions, not only for the safety of its 25 own employees, but for the safety of others who might 24 25 mr WATERS: This is as regulations or as -- DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Page 98 - Page 103 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 104 Page 107 1 MR. erwin: Well, the same 1 recall, generally, asbestos being a topic at the 2 testimony he -- he gave to you. 2 safety meetings that you would have had occasion to 3 Mr. Waters, concerning when he understood 3 give over the period of time you were at the Armco 4 their requirements. 4 Houston steel mill, both safety meetings with 5 A. The first recollection I recall of -- of 5 supervisors and the hourly employees'? 6 recommendations -- and -- and I don't even remember 6 a Yes. 7 ventilation, to be specific, as a requirement; but 7 MR. waters: Let me object as 8 I do recall wetting, signs, and notification of the 8 calling for speculation. 9 employee, that -- that my benchmark is 1977 for 9 MR. hewitt. No further questions 10 asbestos. And that was the year that 3M developed the 10 at this time. 11 8710 dust respirator. I believe that was the year 11 * * * 12 that it came out. And this was going to be the 12 RE-EXAMINATION 13 solve-all of all problems concerning asbestos in -- in 13 *** 14 the workplace. 14 BY MR. WATERS: 15 I -- I don't know when the actual law was 15 Q. With respect to the safety meetings at 16 passed or -- or any of that stuff. But 1977 is pretty 16 Armco, are you telling this jury at this point in time 17 much my benchmark on specific, real, true requirements 17 that you recall discussions about asbestos on more 18 that were being presented to safety people. 18 than one occasion in a safety meeting context? 19 Q. (by MR. erwin) Okay. And I wanted to be 19 A. I don't recall more than one time, 20 clear because I thought I had heard you testify 20 but I - 21 earlier today that in 1972 you had an awareness of 21 Q. All right. 22 those things? 22 a. -- I've got to believe there was. 23 a. We had recommendations at that time that 23 Q. Well, do you recall our earlier discussion 24 Brown & Root enforced. 24 where you had a specific recollection of a time when 25 Q. Okay. 25 there was a toolbox safety meeting and you spent Page 105 Page 108 1 A. And -- and that was my job. to enforce 1 somewhere in the neighborhood of 5 minutes discussing 2 those recommendations. Again, I don't believe it was 2 asbestos? 3 law. I believe it was a recommendation. And 3 : A. Right. 4 Brown & Root -- Brown & Root was a pioneer in safety 4 Q. Other than that one i nee am I correct 5 when this Occupational Safety and Health Act was 5 that you don't have a specitic recollection -- 6 passed. And we, the people in the field, took the -- 6 recollection of that issue being raised and discussed 7 took the corporate safetvs recommendations and -- and 7 at any other specific meeting; isn't that what you 8 they were law to us. They weren't law to the rest of 8 told us earlier? 9 the world. 9 A. That's not what I meant, if 1 told you 10 MR. waters: Objection to the 10 that earlier. We -- I -- I can't pinpoint every time 11 nonresponsive portion. 11 that I mentioned asbestos at Armco Steel. It was 12 MR. ERWIN: I join in that. 12 discussed. 13 THE WITNESS: Sorry. 13 Q. Okay. 14 Q. (by MR. erwin) While you were out at the 14 a. It was the discussed at - at the 15 Armco facility, sir, do I understand that you did 15 supervisory level and at worker level. 16 daily walk-throughs to observe the operations, the 16 Q. All right. But you don't have any 17 Brown & Root folks under your watch -- 17 recollection of discussing it, for example, with the 18 a. Yes. 18 Armco folks? 19 Q.-- performing? 20 a. Yes. 19 A. No, I can't recall that. 20 O. Okay. In your work at the plant and your 2t Q. And while you probably can't testify today 21 walk-throughs in the various areas of the plant, sir, 22 that you made it to every crew every day, that was 22 did you observe from time to time that there was dust 23 certainly what you tried to do; is that correct? 23 in the air visible dust from whatever operations were 24 a. That was my job. 24 going on? 25 Q. And you tried to do that? 25 A. Yes. Page 106 Page 109 1 a. Yes. 1 Q. Okay. And the atmosphere generally, in -- 2 Q. Before you-all started an operation at the 2 in some of those facilities, you would consider to be 3 Houston Works Armco facility, sir; did you have 3 dusty? 4 discussions with the Armco safety personnel about what 4 mr. ERWIN: Objection; vague, 5 products and protocols would be followed on the jobs 5 overbroad, lacks specificity. 6 that Brown & Root folks would undertake? 6 a. Extremely. 7 A. Not all jobs. 7 Q. (BY MR. WATERS) Okay. From time to time, 8 Q. Okay. s did you observe your Brown & -- Brown & Root workers 9 a. Some. 9 who were workingin an extremelydusty environment? 10 Q. Kind of depended on the size and scope? 10 A. Yes. 11 A. Certainly. 11 Q. And when they were doing that, sir, do you 12 Q. But ordinarily, you would have those types 12 recall -- have a specific recollection as to whether 13 of discussions? 13 or not they were wearing some type of cloth mask or 14 a. It -- it depended on the size and scope of 15 the work. 16 Q. Okay. 14 other respiratory protection? 15 a. They were wearingrespirators. 16 Q. Okay. And is itrsyour recall, sir, that 17 MR. ERWIN: I believe that's all 17 on each ana every instance -- well, let me ask it this IS the questions I have at this time. is way: The conditions were extremely dusty at different 19 Reserve the rest of them until after 19 times, correct, sir? 20 trial. Thank you for your time, sir. 21 * * * 20 a. Right. 21 Q. And over the course of your five years 22 EXAMINATION 21 * * * 24 LIY MR HEWITT: 22 there, you would have observed Brown & Root workers in 23 extremely dusty environments on a number of occasions, 24 is that a -- fair enough? 25 Q. (by MR. HEWITT) Mr. Johnson, do you 25 a Yes. DIANA I1ENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Page 104 - Pa^c 109 & GONZALEZ VS. OCF, ET AL Multi-PageTM ORAL/VIDEO DEPOSITION OF September 26, 1996 ________ GLEN PETE JOHNSON Page 110 Page 113 1 Q. Okay. You're not telling us that on each 1 A Not specifically. 2 and every one of those occasions you recall that 2 Q. Okay. Did you carry respiratory 3 respiratory protection was being used, arc you? 3 protection with you as you traveled throughout the 4 MR. HEWITT: Objection; 4 plant? 5 argumentative and repetitious. 5 A Yes. 6 a. Respiratory was -- protection was required 6 Q. In your pocket or in your pouch, or how 7 in dusty areas. 7 did you carry it? 8 Q. (by MR. WATERS) All right. And did you S A. In my car. 9 typically require respiratory protection if there was 9 Q. Okay. And you would get it out of your to visible dust in the air? 10 car if you felt that the conditions warranted it? 1 i A. Yes. n A. Or send them to the toolroom, yes. 12 Q. And that was as a matter of a safety 12 Q. Or send who to the toolroom? 13 policy? 13 a. The -- the employees that needed the 14 a. Yes. 14 respirators. 15 (Y Because you recognized that if there was 15 Q. Oh, I'm sorry. Were you speaking of 16 visible dust in the air, there may well have been a 16 carrying respiratory protection for your men or for 17 potential hazard? 17 yourself? 18 a. Yes. 18 A. For me. .. 19 Q. And even though you-all didn't -- do air 19 Q. Okay, right. Did you ever have occasion 20 monitoring to determine the constituents of the dust, 20 to enter a building or enter a job site and observe 21 you ordered your men to wear masks in that situation? 21 that the conditions were extremely dusty where your 22 MR. HEWITT: Object to the form of 22 respiratory protection was still sitting in the car? 23 the question, assumes facts not in 23 a. Yes. 24 evidence ana is overbroad and ambiguous. 24 Q. And on occasion, did you -- did you go out 25 A. Yes. 25 and get your protection from the car? Page 111 Page 114. 1 Q. (by MR. WATERS) Do you have any opinion 1 A. Yes. 2 about the Brown & Root safety program ana how it 2 Q. And on other occasions, did you determine 3 compared with the safety jgram of the Armco workers? 3 that you weren't going to be there very long or 4 Do you have any observr ns based on your experience 4 whatever and not wear protection under those 5 there? 5 circumstances? 6 A. I think Brown & Root employees got by with 6 A. Probably. 7 less leeway on violations of safety than Armco 7 Q. Okay. Do you have any knowledge about 8 employees did, from that standpoint. 8 where Armco maintained respiratory protection for 9 Q. In other words, you-all kept a tighter 9 workers or anything about its program? 10 reign on your employees? 10 A. Yes. 11 A. I -- I'm saying that Brown & Root had more 11 Q. What do you know about that? 12 flexibility in correcting a situation than Armco 12 A. I believe it was maintained in the first 13 safety personnel did, based on the way the two 13 aid department, maybe in some of the shops around, 14 companies were operated. 14 too. They had people that would clean it. But 15 Q. So that you, as a safety man for 15 I think the majority of it came out of the first aid 16 Brown & Root, got more respect or more response from 16 department. 17 the Brown & Root employees in the Brown & Root 17 Q. You indicated that 1977, to your 18 structure than perhaps the Armco safely folks did? 18 recollection, was sort of a benchmark year for 19 A. I could fire an employee a lot quicker and 19 enforcing the regulations? 20 easier than a Brown & Root -- than an Armco safety man 21 could. 20 A. That was a benchmark -- mark year for me 21 personally because of the 3M 8710 dust mask. It's 22 Q. Did -- did the -- with respect to the 22 just -- I've been in the -- I've been around, in, and 23 extremely dusty conditions that you generally have in 23 through the asbestos program; and that -- that one 24 these types of facilities, is that somcuiing that you 24 incident on that one respirator just sticks out as 25. would have observed on many occasions over the 25 a -- a benchmark for me personally. Page 112 Page 115 1 five years -- the three and a half years you were 2 there? 3 a. Yes. 4 Q. Do you have a recollection one way or 5 another as to whether or not Armco employees were 6 always wearing respiratory protection while working in 7 dusty areas; do you know -- do you recall one way or S the other? 9 a. 1 think Armco was pretty good about 10 wearing their personal protective equipment -- 1 Q. And I'm sorry, which incident was that? 2 A. The 8710 respirator-3 Q. Oh, coming on the market? 4 A -- coming on the market. 5 Q. Okay. Did you understand, as of 1977, 6 that there were, in fact, particular federal 7 regulatory requirements with respect to asbestos? s a. Yes. 9 Q. And from '77 onward, did you seek to 10 enforce all the applicable regulations of which you 12 a. -- in - in areas of high concentrations 13 of dust. 14 MR. WATERS: Let me object as 15 nonresponsive. 16 Q- (DX MR- waters) Do you have a specific 17 recollection of observing Armco employees in dusty is conditions wearing respiratory protection? 19 MR. HEWITT: Objection; 20 repetitious. 21 a. Yes. 11 were aware? 12 a Yes. 13 Q. Willyou agree with me that a company is 14 more likely to follow regulations than it is is recommendations or guidelines? 16 a Yes. 17 MR. HEWITT: Objection to the is speculative form of that last question. 19 a Yes. 20 mr. WATERS: Pass the witness. 21 * * * 22 q. (BY MR. WATERS) Okay. Do you have - do 23 you recall circumstances where the conditions were 22 27 RE-liXAMINATlON *** 2 i dusty and Armco employees were not wearing respiratory 24 BY MR l-.RWIN: 25 protection? 3 25 y. One follow-up. Mr. Waters asked you to DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Pace 110 - Pace 115 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-Page1 ORAL/VIDEO DEPOSITION OF GLEN PETE JOHNSON Page 116 1 compare the Armco and Brown & Root safety programs; do 2 you recall that line of questioning -- 3 A. Yes. 4 Q. -- Mr. Johnson? 5 A. Yes. 6 Q. And I believe your testimony was that the 7 thing that came to your mind was that Brown & Root had 8 greater flexibility in dischaiging cmployccs for 9. safety violations; is that correct? 10 A. Yes. 11 Q. And do you understand, based on being out 12 there at Armco, that that distinction came into play 13 because Armco was a union corporation? 14 A. Yes. 15 Q. Okay. And the union contract would have 16 prevented summary -- summary discharge just for safety 17 violations? 18 A. Yes. 19 Q. Is that your understanding? 20 A. Yes, yes. 21 mr. erwin: Thank you, sir. No 22 further questions at this time. Reserve 23 the rest of them until the time of trial. 24 mr. WATERS: Thank you, sir. 25 the witness: Thank you. I enjoyed CORRIGENDUM I, GLEN "PETE" JOHNSON, wish Co make the following changes or corrections in the testimony as originally given: PAGE LINE CHANGE Page 119 GLEN "PETE** JOHNSON SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, by GLEN "PETE" JOHNSON, the witness hereinbefore named, on this the day of , A.D., 1997. Notary1 pnbllc-~tir~amr~for~ttig State of County of My Commission Expires: ------------ MR. WATERS: Did you really? THE WITNESS: Yeah. I liked it. (Deposition concluded.) -oOo- Page 117 STATE OF TEXAS COUNTY OF HARRIS I, LISA A. BERRY, a Certified Shorthand Reporter in and for the State of Texas, do hereby certify that the foregoing answers in response to the questions propounded were made before me by GLEN "PETE".JOHNSON, the witness hereinbefore named, after said witness had been first duly cautioned and sworn to testify to the truth, the whole truth and nothing but the truth. Further certification requirements pursuant to Rules 205 and 206 will be certified to after they have occurred. I further certify the above and foregoing deposition is a full, true, correct and complete transcript of the proceedings had at the time of taking of this deposition. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 1st day of October, 1997. Page 120 STATE OF TEXAS ) COUNTY OF HARRIS ) I, GLEN "PETE** JOHNSON, HEREBY CERTIFY that I have read the foregoing deposition, and that this deposition, together with my corrections, is a true and correct record of my testimony given at this deposition. GLEN "PETE" JOHNSON SUBSCRIBED AND SWORN TO BEFORE ME by GLEN "PETE" JOHNSON, on this, the ______ day of , A.D., 1997. Notary Public in and for the State of Page 11 25 My Commission Expires: DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 E7T5R A'BERRY, CSR~-<-3T0<----------------------------- ** 'ANA HENJUM REPORTING SERVICES, P.C. 5B5"Q S- an -Fe'l'ipe, S- u*ite 405 Hou5ton^T|gas 71057 (713) FAX (713) 952-6776 My Commission Expires: NO. 95-04-1728-D \ -IN THE DISTRICT COURT OF OWENS-CORNING FIBERGLAS CORPORATION, ET AL CAMERON COUNTY, TEXAS 103RD JUDICIAL DISTRICT ORAL/VIDEO DEPOSITION OF GLEN "PETE" JOHNSON TAKEN ON SEPTEMBER 26, 1997 I, LISA A. BERRY, Certified Shorthand Reporter, CSR f3l0 4, hereby certify that: i1.. Tjnhiiss adeposition transcript is a true recofd of the testimony gi en by the witness named heceijj, afte| said witfieSs was duly sworn by me; - . is the charae for the preparation of tn"LumplLed deposition transcript and any copies of exhibits attached thereto, charged to Defendants Pro Rata a? noted; 3. The deposition transcript was submitted on to for the witness lu examlnr;--!Jlun and re turn to DIANA HENJUM REPORTING SERVICES, P.C., by __. a: The deposition transcript was returned, properly executed by the witness, to the deposition officer 1 ). , b: The deposition transcript was returned unsigned because of illness; refusal to sign, _____ absence of witness; --no reason gl *en. c: The deposition was not returned _____ . d: The deposition was retained by bv aoreement of the Parties ~ T-further certify that the attached change/correction sheet contains any changes, and the reasons therefore, made by the witness. 6, The original Executed transcript, cr a certified copy thereof, if applicable, together with all exhibits; was < > was not ( ) delivered to the Custodial Attorney, MR, C. ANDREW WATERS. LAW OFFICES OF C. ANDREW WATERS, 4(50 South Zang, Suite 14?0, Dallas, Texas 7520& on * 1997. 7. Pursuant to TnTorntailun wadu'a part of the record at the time said testimony was taken, the following includes ail parties of record. Page 12 Page 116 - Page 121 GONZALEZ VS. OCF, ET AL September 26, 1996 , 1 MR. C. ANDREW WATERS ,, LAW OFFICES OF C. ANDREW WATERS 2 400 South 2ang, Suite 1420 Dallas, Texas 75208 ,, APPEARING FOR THE PLAINTIFFS 4 Taxable Cost: 5 MS. PATRICIA KELLY . ADAMS 4 GRAHAM, L.L.P. 6 222 E. Van Buren, West Tower ,, P.O. Drawer 1429 7 Harlingen, Texas 78551 B APPEARING FOR DEFENDANTS ,, W.R. GRACE COMPANY AND 9 PITTSBURGH CORNING CORPORATION Taxable Cost: ,, MR. JAMES V. HEWITT 11 MEREDITH, DONNELL C ABERNETHY , _ 6850 Texas Commerce Tower 12 600 Travis ^ Houston, Texas 77002 , , APPEARING FOR DEFENDANT 14 BROWN 4 ROOT USA, INC. Taxable Cost: , , MR. R. HARDING ERWIN, JR. 16 MATTHIESEN & CHASE, l.L.P. ,,, 3003 Eleven Greenway Plaza 17 Houston, Texas 77046 IB APPEARING FOR DEFENDANT , _ ARMCO 19 Taxable Cost: 20 , % 8. A copy of this certificate was served on all parties showh herein. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this 22 the dav of , 1997. 23 LTSA R: BERRY, CSR 43104------------ 24 CSR EXPIRATION DATE: 12/31/98 25 Multi-PageTM Page 122 ORALmDEO DEPOSITION OF GLEN PETE JOHNSON DIANA HENJUM REPORTING SERVICES, P.C 1-800-780-2555 Page 122 - Page 122 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-Page1 #3104 - asbestosis GLEN PETE JOHNSON 1 18 [lj 3:14 5-minutc [ii 66:18 add(i) 19:15 appropriate [7] 1520 -#- #3 104 [3] 120:21 121:8 122:23 -$- $[i] 121:10 ll:03[i] 66:21 ll:13[i] 66:24 11:51 [l] 99:13 11:52 [i] 99:16 12[ij 28:4 12-year-old [l] 19:17 12/31/98(2] 120:25 50(3] 8:6 48:13 51:22 5850 [ll 120:22 6- - 6[i] 121:21 600(4] 1:19 2:15 6:10 122:12 added [i] 78 25 additional [il 76:6 address [3| 40:12 43:22 43:25 adjacent [i] 87:20 advise [2] 46:7 103:21 afternoon (i) 70:11 15:21 17:13 21:2 22:2 23:9 71:20 approximate [i| 14.16 area(9| 36:3 47:15 63:5 78:14,18,19 83:3 94:12 95:13 areas [7] 85:25 87:16 101:21 108:21 110:7 '68 [2j 12:17,18 '69 [3] 12:13,14,16 *70 [3] 11:20 12:13 36:9 '72 [38] 12:2,13,14 23:15 23:19 30:15 35:20 36:9 36:11,12,19 37:11,14,22 37:25 42:6,13,23 44:4 48:10 57:16 60:22 62:17 62:22 63:6 64:5 67:2,12 76:3 77:11 79:24 80:2 81:18 86:16 87:14 91:1 92:14 93:12 '73 [3] 37:19 80:3 91:1 '74 [i] 68:3 '75(2] 29:11 36:13 122:24 6850(4] 1:18 2.15 6.11 1420(3] 2:5 121:23 122:2 122:11 1429(2] 2:9 122:6 15(4] 51:19 61:21 72:23 -7- 77:8 7(2] 3:6 121:24 150(2] 48:13 51:23 70(1] 40:14 160-degree [i] 94:19 70/30(1] 40:14 1972(6] 44:8 46:15 85:25 92:17,20 104:21 1977(4] 104:9,16 114:17 713(2] 120:23,23 75 [2] 10:7 16:20 115:5 75208(3] 2:5 121:23 1985(1] 27:15 1988(1] 10:20 1997(8] 1:15 6:8 118:15 119:22 120:19 121:7,23 122:2 77002(2] 2:16 122:12 77046(2] 2:20 122:17 77057 ri] 120:23 122:22 78(1] 2:20 '76(26] 29:13 30:21 36:12 1st [l] 120:19 78551 [2] 2:10 122:7 36:16,17,19,20 48:6,10 57:16 60:22 62:18,22 63:6 64:5 67:2,12 76:3 77:11 2- - 8- - 79:25 81:18 85:25 86:16 2(7] 78:16,23 87:10 89:13 8(1] 122:20 87:14 92:14 93:13 77 [l] 115:9 89:15,21 121:10 20(4] 23:21 51:21 54:3 8710 [Sj 14:13 23:12 104:11 114:21 115:2 78(12] 11:20,24 12:2 55:11 14:8 19:3 22:14,18 23:7 205(1] 120:12 23:15 29:11,13 30:22 206(1] 120:12 80 [l] 19:7 22(2] 23:21,22 80s [i] 62:19 222(2] 2:9 122:6 83 [9] 11:4,21 12:20 14:9 23(1] 23:22 19:4 22:14,18 23:7 29:9 85 [2] 28:25 29:9 88(5] 10:20 11:4 19:7 26[i] 121:7 26th [2] 1:15 6:8 28:2,25 -3- -9- 90(1] 48:1 90-day[i] 24:18 95-04-1728-D[2] 1:1 121:1 952-6625(1] 120:23 952-6776(1] 120:23 9:51 (2] 1:16 6:4 again [13] 8:19,22 9:22 112:7,12 15:8 20:10 28:14 33:7 argumentative [ij 40:10 76:2,13 79:24 90:14 110:5 105:2 ArmcO[88] 2:22 6:18 agO[i] 77:9 13:18 31:15 36:7,15,23 agree [io] 32:3 35:10 37:24 38:6,12 39:2 43:19 68:22 69:3 75:7,16 76:7 44:8 45:1 46:20 47:8 48:3 86:18 95:25 115:13 48:1 1 50:1,2,3 51:3,9 52:2 agreed [5] 4:4,6,15,19 5:2 agreement^] 121:19 agreements (iJ 4:3 53:17 54:16 57:4,18,25 58:14,20 59:1,15 60:11 60:14,22 62:14 63:8 67:11 77:4 86:8 87:21,25 88:6 ahead [i] 100:18 88:14,17,20 91:9,23,25 aid [2] 114:13,15 air [2i] 18:19,20 21:9,10 21:18,19,21,24 22:20 57:13,14,18 58:1 59:6 60:23 76:6 78:22 108:23 110:10,16,19 air-conditioned m 47:21 airflow [l] 21:7 al [6] 1:2,5 6:6,8-121:2,5 ALAN (l) 2:14 Along [l] 74:15 always [2] 49:10 112:6 92:13 96:1,13,17,20 98:3 98:6,13,25 100:9.13 101:24 102:3,12,17,24 103:10 105:15 106:3,4 107:3,16 108:11,18 111:3 111:7,12,18,20 112:5,9 112:17,24 114:8 116:1,12 116:13 122:18 Armyp] 12:10 arrived [3] 42:6 45:1 81:4 artillery [2] 24:9 38:19 asbestos (157) 8:1,1,5,12 8:13,18 9:3,8 10:1 14:23 15:4,20 16:4,11,14,15,21 ambiguous [8] 35:13 49:23 55:15 63:10 66:8 76:10 93:3 110:24 amount [12] 50:25 55:8 63:7,13,15,21 64:14 78:1 81:16 93:20 94:1696:3 ANDREW [6] 2:4,4 121:22,23 122:1,1 17:21 18:4,16 19:1 21:16 22:3,9,16,21,21 23:3,7 27:1,14,20 28:10,16 29:16 29:19 30:5,9,11,24 31:2,5 31:10,10,18,19,22.24 32:4 32:5,12.23,25 33:4.5.17 34:4,8 35:1,3,4,14,19.19 40:25 41:11,14,20 42:6 42:15 43:1,6,7,17 44:11 Andy(i) 6:15 45:4,12,13 46:3,8,11 o0o[i) 117:5 -1 [6] 81:20 82:2 90:5,9,12 121:9 10(4] 16:25 48:1 51:19 61:21 100(4] 10:6,7 13:6 16:21 100,000(1] 53:21 101 [l] 3:7 103RD [2] 1:5 121:5 106[i| 3:8 107(1] 3:9 1 1 (I] 4:3 115(1] 3:10 1 16(1] 3:12 117[i] 3:13 3(1] 121:12 30(3] 40:14 51:23 72:23 300 [l] 80:6 300-foot[i] 80:8 3003 [2] 2:20 122:16 3M [4] 14:13 23:12 104:10 114:21 -44(2] 51:22 121:14 4-CFM [i] 21:18 400(3] 2:5 121:23 122:2 405(1] 120:22 4100(1] 40:6 48 [l] 7:14 -5- 5 [5] 73: ,10 88:10 108:1 121:19 -A- announce [i] 6:13 A.D[2] 118:15 119:22 a.m[5) 1:16 66:21,24 99:13,16 abatement [8] 8:12,18 18:16 27:7,10,14,20 28:6 Abemcthy[4] 1:18 2:14 6:10 122:11 ability [l] 101:20 able (2] 54:13 71:19 above [2] 1:14 120:14 absence [i] 121:17 access [l] 50:11 accordance (lj 121 answer [U] 4:9 15:7 33:15 34:22,25 35:15 42:24 70:22 73:9 74:14 82:4 answered [4] 34:19,20 34:23 65:16 answers 12] 1:12 120:6 apologize [2] 9:21 19.14 appearances [i] 6:14 appearing [i2] 2:6,11,17 2:21 4:5,7,20 5:3 122:3,8 122:13,18 applicable (2| 115:10 121:21 Act [2] 41:22 105:5 application [3] 14:25 activities (i] 102:2 15:9 18:4 actual [6] 16:7 44:24 47:5 applications [l] 66:12 50:19 59:5 104:15 applied[i| 25:20 ADAMS [2] 2:8 122:5 appreciate [i] 13:12 53:21 55:12 56:4,19.20 57:13 58:15,15,25 59:10 59:12,17,19 60:20,25 61:13 62:23 63:7.13.15 63:21,22 64:2,20,22.24 65:22 66:13 69:13.17 70:5 70:18 71:12,22 72:2,9,14 72:25 73:7,14,22 74:5,21 76:4 80:21 82:8,23 S5:10 86:9,19 89:25 90:21,25 91:5.17 92:21.25 93:2 96:4 97:7,8 102:20,21,25 103:9,9,14,21 104:10,13 107:1,17 1 OS: 2.11 114:23 115:7 asbestos-containing [3] 29:4 102:17 103:12 asbestos-free [l] 92:13 asbestos-related m 10:11 asbestosis [2] 42.16 43.4 . DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Index Page 1 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-Page1 asks - course GLEN PETE JOHNSON asksm 101:6 114:18,20,25 business [u] 9:7,8 13:10 choice [l| 23:13 74:17 109:18 111:23 aspects [i] 48.14 assigned [i] 39:7 associated [i] 80:11 assume [3] 64:2 73:13 102:19 assumed [2] 63:22 64:22 assumes [14] 49:18,24 51:5 55:18 63:11 65:2 BERRY [5] 1:16 120:4 120:21 121:8 122:23 beside[i] 88:5 best [2] 91:8 9724 between [io] 4:4,6,15,19 52 10:7 20:2 39:14 62:17 88:11 big [io] 16:16 55:20 67:22 16:14 20:15 25:6,11,13 27:19 61:11 63:4 bust[i] 2022 -C- C [9] 2:1,4,4 119:1 121:18 121:22,23 122:1,1 calls [9] 3025 32:10 circumstance [2] 59:23 67:21 circumstances [6] 66:10 75:18,24 100:12 112:23 114:5 City [i] 1:19 Civil [i] 1:21 classes [l] 39:23 112:1823 113:10,21 confirmation in 73:14 confirmed [2] 41:23 42:4 confused [l | 49:10 confusingpj 19:18 conjunction [i] 84:9 consider [2] 7620 1092 74:8 75:1,11,20 80:25 68:6,7,8,8,9 83:10 89:17 34:21 47:1 5325 7522 classworkp] 40:17 considered [2] 4:17 81:9 96:9 110:23 bit [3] 17:4 23:16 26:25 76:11 96:6 102:5 clean [4] 99:25 100:7,8 75:18 assumption [i] 103:11 blast [6] 77:18,20 78:9 CAMERON [2] 1:3 114:14 constituents [i] 11020 atmosphere [2] 89:22 81:7 95:17,21 121:3 cleanup [i] 7:24 construction [2] 18:8 109:1 blooming [l] 93:7 cancer [6] 30:11 43:7,20 cleanup-type [i] 99:20 2925 attached[2] 121:11,19 blower pi 21:14,14 46:12 71:13 72:3 clear pi 101:18 103.7 contain [l] 59.9 Attorney [i] 121:22 blows [i] 21:18 attorneys [4] 4:5,7,20 boatload [i] 30.2 5:3 boilerpj 85:17 August [2] 37:24 38:4 boilers [i] 80:10 August/September [i] bottom [i] 68:16 37:13 brakes [i] 3121 authority [i] 119:21 branchp] 8:17 92 12:9 available [2] 39:24 90:25 break [4] 42:13 66:18,18 average m 17:6 9321 77:4 94:18 breathing [i] 16:4 aware [io] 8:16 16:8 30:9 46:16 69:6 81:7 96:4 98:1 Brick [i] 80.9 98:12 115:11 brief [i] 622 awareness [i] 10421 broad [i] 4021 away [2] 4521 88:11 broaden [i] 26:25 brought [3] 2120 702,5 -B- Brown [127] 2:17 6:20 8:14,169:1 10:2,2,11,15 b [15] 50:8 91:19 922,7 10:15 11:25 12:24 13:8 92:13 97:7,9,21,25 101:23 13:21 14:1,6,17,22,24 candidate [3] 24:12,14 104:20 contained [2j 4:10 81:5 24:15 cannot [i] 30:4 Clinton [2] 40:6,12 closed [l] 20:22 contains [i] 12120 contaminant [i] 1522 car [5] 3121 113:8,10,22 113:25 Carbide [l] 1323 closer [i] 19:5 cloth [4] 23:2,4,9 109:13 context [i] 107:18 continue [i] 3023 careerpj 27:1 careless [i] 75:19 cluep] 70:23 coil [l] 93:24 contract [i] 116:15 contractor [2] 97:19,21 Carl [2] 62:10,25 carpenters [3] 48:24,25 72:5 carry [2] 113:2,7 carrying [i] 113:16 COke [8] 77:24,25 78:2,5 78:8,9,10 81:8 collection [i] 89:21 combination [4j 94.14 94:17,23 95:1 combine [l] 79:3 contractors [4] 8:12 27:20 50:1,3 contracts [i] 882 conversation [2] 19:10 22:15 conversations [3] 69:17 cartridge [i] 21:15 coming [3] 19:9 115:3,4 69:18 91:17 cartridge-type [i] 23:10 cartridges [2] 23:4,5 Commerce^] 1:19 2:15 copies [l] 121.11 122:11 copy [3] 5:6 121:21 commission [4] 24:10 122:20 case [6] 15:17 5320 55:11 18:25 119:25 120:25 Coming [3] 2:12 6:22 61:10 101:4,7 communicating pj 122:9 102:1,9,12,13 121:16 15:2 16:1,9,16 17:11,15 cases [l] 61:12 62:22 corporate [4j 46:18 jabysatp] 85:7 20:14 22:1,7,15 23:17 catalogue [2] 5824 companies [4] 19:21 82:21 91:14 105:7 background [3] 23:25 2420 35:17 Bad[i] 96:21 bag [7] 89:2,2,5,9,13,15 90:1 >ar[i] 94:3 25:1,2,6,19 27:10 35:23 36:1,25 37:12,21 41:20 41:24 42:5,14 43:1,5 47:15 48:11 51:1,7 52:2 52:10,15 56:2 57:17 58:8 60:13 61:16 62:8,17 65:3 65:4 71:6 73:12 74:12 68:24 catching [i] 9622 cautioned [i] 120:9 ceiling [i] 33:4 certain [3] 9:5 96:16 100:12 31:14,15 111:14 company [20] 2:11 6:22 7:17,18 8:10 9:10,11,16 9:22 10:23 11:11 13:1 19:16,17,19 28:3 45:7 75:14 115:13 122:8 corporation [7] 1:52:12 6:7,23 116:13 121:5 122:9 correct [35] 1021 1620 19:13 21:25 22:5 25:7 28:1 29:2 35:21,24 36:22 37:18 54:9 57:16 60:2,4 barricades [i] 28:11 based [7] 50:6 74:19 82:19 103:10 111:4,13 116:11 rasis [i] 96:14 75:5 76:25 77:12,17,24 78:21 79:8,21 81:15,21 85:17,24 86:12 87:3,13 87:19,25 88:2,13,17,21 90:6 91:3,9,14,15,19 92:1 92:4 93:12,17 95:6,9 96:2 certainly [5] 70:7 72:7 100:23 105:23 106:11 certificate [2] 3:14 12220 certification [l] 120:11 compare [i] 116:1 compared[i] lll:3 complete pi 120:15 completed [i] 121 :ii complied [i] 5:1 60:21 62:4 64:4 71:7,10 71:23 7325 79:1 96:14 102:12,15,21 103:14 105:23 108:4 109:19 116:9 118:6 120:15 correcting [l] 111:12 basket [i] 20:5 96:23 97:20,25 99:1 100:5 certified [8] 1:16 5:6 Conceivably [i] 50:19 corrections [2] 118:5 jasketsp] 20:11 jathroompj 66:18 jattcryp] 21:17 Bayportpj 26:4 jcamp] 8225 3ccamc[4] 38:4 4423 47:5 76:4 3CCOme[6] 26:8 30:9 5S: 19 90:21 99:4,5 began [3] 32:1 1 37:20 69:24 100:12,23 101:6 102:10 102:23 104:24 105:4,4,17 106:6 109:8,8,22 111:2,6 111:11,16,17,17,20 116:1 116:7 122:14 building [i2] 33:17 63:15 86:13 90:12 93:16 93:17,24 94:1,5,20 95:15 '13:20 )uildingS[6] 32:13 79:4 85:24 87:18 94:3,23 built [3] 89:9,12,13 20:4,11 120:4,12 121:8 121:21 certify [5] 118:3 120:5 120:14 121:8,19 chance [i] 3122 CHANGE [i] 119:7 concentrations p] 112:12 concern [4] 41:7 60:10 60:13 102:16 concerned [2] 94:23 102:18 change/correction [i] concerning po] 44:10 12120 45:3 82:22 97:7 101:23 changes [2] 119:4 12120 103:8,17,19 104:3,13 charge [i] 121:10 concluded pi 117:4 charged PI 121:11 conclusion [3] 47:1 119:4 correctly [l] 65:16 correlation [i] 88:11 Corrigendum [i] 3:13 Cost [4] 122:4,9,14,19 counsel [3] 4:16,18 6:13 countless p) 3925 country[i] 32:11 County [7| 1:3,20 118:2 119:19,24 120:2 121:3 3egin |i] 88:1 bunch [2] 40:25 56:8 chartp] 77:1 75:22 76:12 couple [1] 10121 benchmark [5j 104:9,17 Burenpj 2:9 122:6 CHASE[2[ 2:19 122:16 condition p] 86:19 conditions [9i 72:17,18 course [5] 17:6 6823 86:4 100:8 10921 DIANA HENJUM REPORTING SERVICES, P.C 1-800-780-2555 Index Page 2 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-Page1 court - facts GLEN PETE JOHNSON court [4] 1:2 4:22 8:25 demolition [7] 22.4,21 disturbing [ij 102:23 electrical [5] 24:1 83:16 estimate [i] 9:25 121:2 79:2,6,22 80:20,22 ditch [i] 68:16 86:21 87:3,8 ct [6] 1:2,5 6:6,7 121:2,5 courthouse [lj 31:23 department [4] 30:16 division pj 8:17 9:2 clcctrical-type [21 event [4] 67:17,20,22 68:5 cover |2] 16:10 40:22 37:20 114:13,16 documentation pi 24:19 83:10 eventually[i] 818 covering[3] 26:13 53:22 depend [l] 92.10 41:17 electrician pj 23:19 evidence [2i] 4:11 49:19 64:20 dependedp] 106:10,14 documents pj 62:5,7 electrician's [6] 24:23 49:25 51:6 53:20,24,25 craft [2] 47:17 50:20 deposition p*i 1:8,12 doesn't [l] 23:23 25:18 26:1,15 37:17 38:3 55:11,15,16,1963:12 65:2 crafts [7] 48:17 51:15 68:25 69:18 70:24 72:4 98:6 craftsman [i] 99:5 craftsmen [i] 99:3 cranes [i] 20:13 4:11,21 5:4,5 6:5,9 61:7,8 61:16 117:4 118:4,5,7 120:15,17 121:6,9,11,12 121:15,16,16,18,18 depositions pi 33:21 describe pi 21:11 dollar pj 13:11 done [II] 24:6 27:24 46:17 60:24 67:4 80:16 92:6 95:11,15,20 97:25 Donnell [4] 1:18 2:14 6:10 122:11 electricians (4] 49:3,4 72:5 98:17 Eleven [2] 2:20 122:16 eliminate [i] 16.3 emphasis [i] 41:6 employed[5] 7:15 9:10 74:9 75:2,12,21 80:25 81:10 96:9 110:24 exp] 43:21 exactly [i] 44.21 Examination [3] 3:6,7 3:8 create [5] 59:21 60:8 74:5 described [i] 28:23 doubtpj 53:12 23:17 52:9 71:5 examine [l] 121:13 75:7 92:21 designations [i] 98:10 down pi] 20:22 21:14 employee [i7j 17:15 examined [i] 7:3 created [6] 23:8 26:16 designedp] 21:16 31:21 39:6 42:13 68:18 22:10 37:1 51:8 59:15 example [10] 8:13 32:7 45:12,17 60:5 76:5 determination p] 59:16 79:19,19 80:9,15 82:21 60:11 65:4 75:13,17 82:13 45:11 51:16 56:15 57:6 crew [7] 39:7 83:24,24,25 85:3,3 105:22 crews [i] 96:24 CSR [4] 120:21 121:8 103:13 determine [S] 45:13 58:19 59:8 110:20 114:2 developed [ij 104:10 dozens [i] 86:3 drain [i] 68:15 Drawer [2] 2:9 122:6 Drive p] 40:6,12 86:8 88:6,17,17 93:2 104:9 111:19 employees [43] 9.2 10.2 10:15 14:1,17,22 15:2 17:12 22:8 45:8 48:11 . 62:13 73:23 98:12 108:17 except [2] 4:8,9 excuse [i] 29:10 executed [2j 121:15,21 122:23,24 device [ij 90:1 dropped [ij 17:4 51:2 57:1,18,25 65:3 exhibits [2] 121:11,22. Custodial [l] 121:22 diagram [ij 77:1 CUStomerp] 12:24 13:8 Diamond [i] 13:22 13:13,15 16:16 17:9 20:14 Diana [3] 6:12 120:22 cut [2] 30:2,4 121:13 dual p] 23:4,5 duly [3] -7:2 120:9 121:10 during [14] 18:8 20:22 25:25 40:5,17 43:15 77:3 73:12 75:5,15,17 77:13 77:17 88:13,14 96:2,13 96:17,20,23 97:7 100:13 100:25 103:21 107:5 111:6,8,10,17 112:5,17 existing pj 78:24,25 experience p] 63:19 98:24 111:4 EXPIRATION [i] cutting [7] 26:22 29:4,15 difference [ij 20:2 77:22,23 84:23 87:4 96:25 112:24 113:13 122:24 29:16 30:5 92:20,25 different ps] 25:10 102:10,14 employment [i] 53:14 Expires [3] 118:25 31:14 40:1 41:14 42:7 -D- 47:17 50:20 51:15 72:4,6 85:23,24,25 87:6 109:18 d [3] 3:2 119:1 121:18 direct p] 47:12 77:7 daily [S] 37:6 67:14 96:14 97:1 105:16 dirt [ij 99:23 Dallas [3] 2:5 121:23 dirty [i] 68:18 122:2 disappeared [i] 96:25 dangerous [l] 35:19 discharge [i] 116:16 Daniel [2] 2:24 6:11 discharging pi 116:8 dust [35] 14:9,15,23 15:4 15:20 21:16 23:7 26:16 31:10 45:13,16,18,21 59:21 60:5,5,9 74:5 75:7 76:5 89:20,21,23,24,25 92:18 99:23 104:11 108:22,23 110:10,16,20 112:13 114:21 dusty [10] 109:3,9,18,23 ' 10:7 111:23 112:7,17,24 enclosures [i] 28:17 encountered [2] 43:22 44:1 end[i) 98:22 enforce [2] 105:1 115:10 enforced [i] 104:24 enforcing [i] 114:19 engineers ni 31:8 119:25 120:25 exposed [6] 31:10,18,22 31:23 32:4 33:17 exposurepo] 16:3 26:16 32:23 41:14 42:15 43:7 46:11 86:9 97:8 102:16 exposures [i] 93:2 expressed [i] 60:11 extend [i] 16:10 date [4j 6:8 27:18,21 disconnect [i] 84:18 13:21 enjoyed [i] 116:25 extent [2] 47:1 49:18 122:24 discuss [i] 17:12 duties [l] 38:22 entailed ni 97:4 extremely [6] 109:6,9 dates [l] 19:8 discussed [9] 23:11 dutyp) 74:22 enter [2] 113:20,20 109:18,23 111:23 113:21 days [2] 84:20 96:16 41:10 47:4 63:14 82:8,14 entire [4j 9:13 27:1 51:8 Exxon [l] 13:23 dcad[l] 20:23 108:6,12,14 -E- 89:20 eye p] 54:8 67:6 deal [2] 43:21 89:20 dealt [i] 23:14 discussing [4] 21:1 72:25 108:1,17 environment [i] 109:9 E[16] 2:1,1,9 3:2 4:1,1,1 7:5 101:14 106:22 107:12 environmental [i] 7:16 -F- debris [!] 99:23 decision [i] 82:20 discussion pj 28.9 43:13 57:3 60:18 82:12 99:15 103:17 107:23 Decontamination [ij discussions [to] 22:7 7:22 56:11 58:14 69:12 97:6 Dccrp) 26:2 101:22 103:8 106:4,13 DEFENDANT [4] 2:17 107:17 2:21 122:13,18 disease [4] 41:21 42:15 defendants [4] 2:11 43:10,13 107:12 115:22,22 119:1 122:6 E-npj 7:13 early [3] 36:19 37:19 44:22 easier [ij 111:20 educate [ij 46:7 effect [3] 4:12,23 5:7 environments [i] 109:23 Envirorent [5] 19:25 20:1,4,9,18 equipment [i9] 7:16,20 7:24,25 8:4,8,14 10:1,12 10:14 12:22 16:14,17,21 20:6 22:23 25:8 78:25 112:10 faccp] 21:13,18 facilities [9] 13:20 14:2 14:5 15:3 49:8 78:4 97:10 109:2 111:24 facility [39] 10:17 13:18 26:5 31:15 32:5,24 33:18 34:3 35:9,11 39:2 45:2 47:25 52:3 54:16 55:8 58:20 59:1 63:8,14,21,23 33:23 121:12 122:8 diseases [2] 41:15 42:7 efficiency [i] 21.15 Erwin p2] 2:19 3:7,10 64:6 71:6 72:10 78.15 deliverpi 13:18 14:4 16:2 31:15 delivered [2] 14.16 121:22 delivering [3] 13:21,25 27:8 demolished [2j 80:5 81:8 disposable [ij 23:9 dispute[t] 61:11 distinction [2] 20:8 116:12 distribute [i] 1317 DISTRICT [4] 1:2,5 121:2,5 disturbed PI 76:5 effort [2] 58:24 59:8 6:17,17 30:25 32:10 33:19 86:8 87:13 90:7 93 20 eight [5] 9:11,13 16:22 17:7 27:25 either [7] 34:8 35:3 46:17 74:22 75:1S 89:7 92:24 electric [9] 78:16,23 81:20 87:10 89:13,15.22 90:5,12 33:25 42:21,25 53:23 55:14 63:9 64:17 67:10 76:9 93:3 96:6 99:8,11 101:16 102:11 104:1,19 105:12,14 106:17 109:4 115:24 116:21 122:15 escaping [l] 89:22 Especially [l] 99:8 98:7 101:24 102:3.12,17 102:25 103:10 105:15 106:3 fact [9] 26:8 35:19 43:19 53:12 54:8 59:9 75 4 79:18 1 15:6 facts [14] 49:19,24 51:5 55:18 63:11 65:2 74:9 DIANA HENJUM REPORTING SERVICES, P C. 1-800-780-2555 Index Page 3 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM fails - insulation GLEN PETE JOHNSON 75:1,11.21 80:25 81:10 96:9 110:23 120:6,14 forget [i] 26:3 gloves [ij 10:25 gOCS[i] 23:23 79:22 80:4,20 81:3 94:9 heat-treat [2] 93:16,17 ________ : fails [l] 75:22 fair (9] 17:10 28:15 30:8 60:23 82:6 88:15 93:20 94:16 109:24 fall [i] 99:19 familiar [2] 26:8 90:21 far [2) 44:4 94:22 fashion [ij 67:9 FAX [i] 120:23 federal [2j 31:23 115:6 feelings (ij 33:16 feet [2] 53:21 88:10 Felipe [ij 120:22 fellow [l] 75:15 fellows [l] 52:22 felt [2] 71:17 113:10 few[2j 101:17,19 Fiberglasm 1:4 6:7 121:4 fibers [Sj 16:4 21:16,17 .31:11,19 field [6] 24:8 40:13,14 82:22 96:19 105:6 form [24] 4:9 15:6 33:2 Gonzales [3] 1:2 6:6 held [2] 56:21,24 idea [3] 16:16 19:2 48:7 42:10,10 46:24 49:17,23 121:2 help [l] 25:13 52:16 62:19 50:17 51:4 55:3 57:21 69:8 72:12 73:3 74:7 80:24 82:15 88:24 91:7 93:5 96:8 110:22 115:18 forth [2] 1:22 57:4 good [6] 4:17 13:13,24 17:9 76:21 112:9 Goodycar[i] 26 4 governed [i] 43:25 helped [i] 77:1 helper [8] 23:19 24:23 25:18 26:1,16 37:17 38:3 68:16 illncssm 121:17 imagine |i] 56:21 immediate [2] 35:25 74:1 foundation [ij 102:8 four [5] 28:4 39:21,21 68:23 86:5 frame [4S] 14:9,17 19:4 22:18 23:7,15 30:8,22 39:18,21 40:5,10,16,18 41:4 42:13,19 43:15,18 47:24 48:10 52:3 57:16 57:25 60:22 61:1 62:22 government [ij 32:13 Hcnjump] 6:12 120:22 immediately [) 74:6 Grace [3] 2:11 6:22 122:8 121:13 import [i] 10:25 graduated [ij 12:16 hereby [4] 4:6 118:3 GRAHAM [2] 2:8 122:5 120:5 121:8 great[i] 43:21 greater [2] 35:11 116:8 Greenway [2] 2:20 122:16 herein [7] 4:5,7,10,20 5:3 121:10 122:20 hereinafter [l] 1:22 hereinbefore [2] 119:21 120:8 importance [i ] 74:18 important [2] 71:17,24 inaccurate [i] 50:18 Inc [3] 2:17 6:20 122:14 Inc. [l] 19:24 incident [3] 68:19 114:24 63:7 64:5 65:19 67:3 76:3 grounds [4] 46:25 65:13 77:12,18 79:9,25 81:22 74:8 82:16 83:17 84:23 86:10,16 87:4 groups [i] 88:12 89:10 92:14 96:1 guess [i] 30:14 friable [7] 32:13 35:4,5 58:20 59:20 74:21 86:18 Friday[i] 39:12 full [5] 7:8 9:22 21:13 28:12 120:15 guidelines [3] 43:22 44:2 115:15 guym 39:10 guys [4] 98:23,24 99:2,20 hereto [4] 4:7,16,20 5:3 115:1 Hewitt [67] 2:13 3:8 6:19 incidentally [i] 98:21 6:19 15:5 32:8 33:1,13 include^] 7:25 14:9 34:6,18,24 35:12 42:9,17 46:10 71:8,12 92:8 44:12 45:5 46:19,23 49:17 included [2] 70:18 71:9 49:22 50:16 51:4 53:15 54:4,11,17 55:2,13,18 includes [l] 121:25 57:20 58:10 61:18 63:11- including [i] 72:4 64:8,15 65:1,12 66:7 69:7 Incorporated [i] 9:24 filed [ij 5:4 filter [si 21:15,16,20 89:17,17 90:4 filtered [i] 21:22 full-face [l] 23:5 fully [2] 4:25 46:16 furnace [2i] 77:18,20 78:9,16,23 79:7,14,19,22 -H- habitfi] 68:24 half [5] 36:10,21 48:10 70:19 72:11 73:3 74:7,25 75:10,20 76:11 78:11 80:23 81:9 82:15 88:23 91:6 93:4 96:5,7 100:2,14 100:18 106:24,25 107:9 indicate [ij 61.4 indicated [i] 114:17 industrial [is] 11:16,17 11:18 12:21 13:9 20:21 filtering [i] 89:18 filtration [ij 90:1 final [i] 100:1 80:5 81:8,21 82:25 87:11 68:23 112:1 110:4,22 112:19 115:17 89:14,16,22 90:6,12 95:17 half-face [ij 23:4 122:10 95:21 HAND [2] 120:18 122:21 high [4] 12:15,16 21:14 furnaces [7] 79:12,16 handled [ij 44:4 112:12 25:15 32:4,15,24 33:18 34:3,11 35:5 63:1 industry [2] 23:14 28:7 inform [i] 74:6 finished [i] 80:1 80:7,11,12,20 81:3 handling [i] 44:6 hire [4] 24:2,3 25:19 50:3 information [7] 71:11 fire [2j 54:23 111:19 fired [1] 80:13 firing [ij 38:20 -G- G [2] 4:1 119:1 hands [2] 68:17,18 hard[i] 51:25 Harding [3] 2:19 6:17 hired [4] 25:20 63:1 91:25 71:13,16 72:1,3 82:20 92:1 121:24 Hodges [3] 12:5 25:22 informed [l] 15:8 first [14] 7:2 23:17 24:8 G-l-e-n[i] 7:12 122:15 40:8 insignificant [2] 16:18 24:10 27:13 28:25 39:3,4 79:20 101:22 104:5 G-l-e-n-n[ij 711 114:12,15 120:9 gathered [ij 82:21 five [3] 11:3 109:21 112:1 gears [i] 87:9 fixing [i] 31:8 general 84:1 flange [6] 81:12,16 83:5 general [6] 38:23 70:6 83:7,15 84:23 73:6,19 91:14 100:20 Harlingen [2] 2:10 122:7 hold [2] 56:14,25 Harris [3] 1:20 118:2 holding [i] 56:18 120:2 hookedp] 21:17 harsh [i] 75:25 Hoot [3] 52:13 68:15,17 hauled [ij 84:3 hosepj 21:13 hazard [9] 35:6,11 45:14 hot [l] 90:11 17:1 installation [2] 92:8,11 installed [i] 78:22 installing [i] 51:8 instance[i2] 1:13 18:5 19:7 20:25 67:3 68:12 70:17 88:16 100:1 102:22 flexibility [2] 111:12 generally [i3] 40:19 46:4 60:6,12 74:2 92:22 hourly [2] 57:1 107:5 108:4 109:17 116:8 folks [ii] 22:15 26:17 57:4 58:14 74:20 92:2 100:9 105:17 106:6 108:18 111:18 follow[i) 115:14 follow-up [i] 115:25 followed [i] 106:5 following [3] 4:3 119:4 121:25 follows [l] 7:3 foot(i] 80:6 72:22,23 83:2 94:24 97:12 97:17,18 99:19 100:6 107:1 109:1 111:23 generator^] 84:2,6,15 84:19 generators [i] 8311 geographic [i] 66:9 110:17 hazardous [i2] 7:24 20:6 30:9,23 31:2 41:10 56:5 71:12 72:2 86:19 92:18 100:13 hazards [is] 16:10 22:8 35:2,18 41:1,1,3 43:17 hours [i] 85:4 house [9] 11:18 15:12 85:18 89:2,3,9,13,15 90:1 housekeeping [i] 100:6 houses [i] 89:5 housing [i] 32:14 instances [l] 22:6 instruct [i] 43:5 instructed [i] 65:24 instruction [3] 40:15,17 56:12 instrumentations [i] Gibson [S] 52:13 54:15 69:5,12 99:9 given [13] 53:13 61:7,8 82:14 88:14,20 102:7 118:6 119:5 120:18 121:9 121:17 122:21 44:11 46:8 58:14,15 65:21 69:13 72:20,25 97:7 103:21 header [i] 94:10 health [3] 41:22 43:1 105:5 Houston [16] 1:20 2:16 2:20 7:19 9:23 19:11,18 19:23 20:5 27:24 103:10 106:3 107:4 120:23 122:12,17 Hubert[i] 57:6 7:23 insulated [12] 26:13 55:1 55:5,8,9,12 64:14,18 84:7 84:1 1 85:13,16 insulating [ij 32:14 insulation [62] 8:1 19:1 footage [ij 55:21 glad [l] 8:22 hear[2] 8:22 15:13 hundreds [2] 10:4 86:4 26:13,21,22,23 27:2 29:5 football (] 26:3 force [3] 4:12,23 5:7 foregoing [3] 118:4 Glen[M] 1:9,12 3:4 7:1 heard [2] 90:23 104:20 7:10,11 118:3,10,13 119:3 hearing [2j 5:5 82:1 119:17,21 120:7 121:6 hearth [9j 79:7,14,15,19 Hunt (2] 25:24 40:8 hygienist [ij 63:1 hypothetical [i] 50:18 29:17,18,19,21,22,24,25 30:4,6 31:5 32:13,25 34:4 49:21 50:3,13 51:2,8 53:22 55:24 56:4 58:19 DIANA HENJUM REPORTING SERVICES P C 1-800-780-2555 Index Page 4 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-Page1 insulation-related - noted GLEN PETE JOHNSON 63::!21 65:5 66:5.13 69:13 knowledge [4] ] 6:7 located [4j 1:18 47:11 96:3,18 100:7 101:19 monitoring poj 57:12 73: 13,22 74:13 80:21 29:23 31:10 114:7 7. 6,,:23 77:2 110:16 57:12,19 58:1,8 59.6,6 85:.10,11 91:1,4,9,2092:2 known [2] 42:14 59:12 location [4] 34:8 35:3 92::3,6,7,9,13,18,21,25 36:6 66:9 -93-: 1 97:21 98:2 102:2,18 102:20,24 103:9 insulation-related [i] 49:14 Insulators [l] 98:15 interaction [i] 62:9 -L- L.L.P[4] 2:8.19 122:5,16 laborpj 48:23 laborer^] 50:14 99.4 laborers [S] 48:23 71:9 locations [i| 58:25 Loncm 11:16,17 12:20 13:9 20:20 22:13 25:14 look [i ] 58:18 looking [5] 18:3 44:8,25 58:21 67:2 interest [3] 9:16 13:3,5 98:19,21 99:19 looks [l] 21:12 invented [ii 22:23 lack[i] 102:7 loosen] 74:21 invisible [i] 31:19 lacks [i] 109:5 losS(i] 88:1 involve [2j 59:5 79:2 involved [20] 8:18 9.6 9:12 12:21 18:25 32:22 large [5] 34:3 64:14 80:4 96:17,24 lots [2] 34:3,3 larger [i] 78:18 lovepj 88:1 39:20 41:23 50:24 56:9 largestfi] 13:15 lower [l] 98:22 58:23 60:14,17 73:21 74:5 74:21 79:21 96:3 102:23 103:1 last [3] 42.10 46:23 115:18 Lubrizol[i] 13:22 lung [3] 43:6,19 46:11 involving [i] 61:12 Islamovad[i) 11:9 issue [2] 66:10 108:6 itself [2] 78:19,20 late [7] 36:9,11,19 37:14 44:8 46:15 48:7 law [10] 2:4 44:4,24 76:4 104:15 105:3,8,8 121:22 122:1 -M- M[7] 4:1 7:5 101:14 106:22 107:12 115:22 119:1 lawsuitp] 66:11 Machine [i] 95:13 -J- lawyerpj 61:16 76:25 machines [i] 7:23 jacketS[i] 10:25 learn [2] 42:14 99:5 main [2] 94:9 95:15 mean [6] 50:7 53:18 66:13 87:17,23 100:16 60:24 76:7 110:20 month [i] 38:7 meant [ij 108:9 months [91 20:19 24:24 mechanisms [2] 56:8 60:1 25:17 26:1,15,21 37:16 38:3,11 media [ij 90:4 Morning [3j 70.11,12,13 meeting [is] 18:2,11 most [3] 23:13 63:4 78:15 56:18 61:18,19 62:3 69:22 motorp] 21:14,14,18 69:25 70:1,5,25 82:7 mouthful[l] 2i:ll 107:18,25 108:7 move[2J 60:8 65:4 meetings [io] 17:11 56:15,22,24 70:8 72:22 73:7 107:2,4,15 MS [5] 2:8 6:21 33:24 101:11 122:5 memos [i] 62:8 men [2] 110:21 113:16 -N- mentioned p] 103:5 N[14] 2:1 3:2 4:1 7:5,5 108:11 101:14,14 106:22,22 Meredith p] l: 18 2:14 6:10 122:11 107:12,12 115:22,22 119:1 mesothelioma [i] 43.14 name [8] 7:8,18 9:21,22 11:10 21:7 50:8 93:25 messp) 100:7 named [3] 119:21 120:8 met [2] 61:22,24 121:9 metallurgy [i] 86:13 names [3] 52:5,25 98:10 method [i] 45:18 nature [Xl] 12:3 18:1,25 methods [i] 45:17 19:1 27:6,8 53:13 83:16 TAMES [2] 2:13 122:10 learned [S] 30:14 35:18 maintained [2] 114:8 rimpj 6:19 41:13,19 43:10 114:12 might [8] 65:23 69:6 74:5 84:5 85:8 88:20 75:7 88:21 100:11,25 necessary [i2] 45:17 job [22] 9:5 23:19,24 24:5 37:1 38:12 39:25 43:23 44:1 53:2 60:16 72:15 earning [ij 43:16 ease[i] 10:14 eased [i] 10:1 maintenance [3] 65:23 95:13,22 majority [ij 114:15 103:11 Mike [i] 25:24 miles p] 54:3,19 55:12 46:2,6 49:13 50:12 56:7 64:24 65:23 66:4 71:20 85:9 92:3 74:22 75:8 76:1 84:17,21 85:2 99:25 105:1,24 113:20 jobs [3] 88:3 106:5,7 John [ij 25:22 Johns-Manville [i] 90:22 Johnson [is] 1:9,13 3:4 6:5 7:1,10 67:1 101:17 106:25 116:4 118:3,10,14 119:3,17,21 120:7 121:6 join [ij 105:12 JR [2] 2:19 122:15 JUDICIAL [2] 1:5 east [2] 15:25 42:5 eather[2] 10:25 27:19 eavepj 100:8 eewaypj 111:7 'eft [i] 39:12 legal [9] 44:9 45:3,6 46:18 47:1,5 75:22,23 76:11 less [S] 10:6 17:2 55:4 98:24 111:7 level [3] 45:14 108:15,15 ieutenantp] 24:8,11 Lifting [i] 20:13 man[S] 7:13 38:4 97:10 111:15,20 management [i] 85:4 manager [3] 36:3 37:4 63:5 Manuel p] 1:2 6:6 121:2 map [2] 58:24 77:4 mark[i] 114:20 market [2] 115:3,4 marketing [i] 23:2 marketplace [i] 39:25 MARKS [i] 2.14 mask[5] 14:13,15 21:21 military p] 12:8 24:7 38:24 mill [24] 81:13,16 83:3,5 83:7,15 84:23 93:8,11,13 93:22 94:1,5,7,12,14,17 94:20,23 95:2,5,7,11 107:4 millwright [ij 83:25 millwrights p] 49:5,6 49:11 72:5 mind [2] 92:9 116:7 mind's [2] 54:8 67:6 minimal p] 77:19 83:6 83:8 need [3] 15.16 72:19 103:19 needed [8] 15:3 18:14 43:25 45:13 46:17 50:11 91:4 113:13 needs [ij 66:13 negative [i] 7:23 negligent [2] 75:19,25 neighborhood [2] 3811 108:1 never [8] 14:24 15:8,9 26:7 54:1 63:14,14 90:23 new [6] 26:22 29:24 92:792:1 1,21 93:1 121:5 jury [ij 107:16 ikedpj 117:3 ikely[5] 32:4,12 33:5 109:13 114:21 masks [3] 14:9 23:3 minimum p] 79:5 81:17 newer [ij 89:12 81:19 next [2] 27:21 48:3 -K- Kelly [6j 2:8 6:21,21 33:24 101:11 122:5 CCpt [i] 111:9 kid ri] 11:9 kind [9] 8:10,21 13:2 19:17 56:9 61:10 89:23 99:24 106:10 knew [2i] 10:17 15:10 33:16 115:14 110:21 imited[i] 42:18 material [15] 8:24 28:17 ine [S] 38:20 50:20 54.23 30:21 33:11 34:16 50:15 116:2 119:7 59:9,20 60:12 63:8 65:9 inearpj 53:21 73:13 76:17 91:5 96:4 inesp] 53.17 LISA [5] 1:16 120:4,21 materials [121 13:17,18 13:21 29:5,25 30:24 31:3 58:25 72:10 76:4 90:25 121:8 122:23 91:4 ist[i] 13.24 matterpj 6:5 46:17,18 literally [2] 32:5,25 110:12 minutes [7j 61:21,21 72:23 73:1,10 77:8 108:1 mischaracterization [4] 70:20 73:4 74:10 82:17 mischaracterizes pj 53:24 55:16 misleading p] 55:17 64:17 70.21 82:18 Mississippi [ij 12:19 nobody [2] 15:15 63:18 nonasbestos [S] 29:25 30:21 31:5 64:1 73:15 None [3] 10:13 22:17 24:21 nonfriable [3] 34 9 35:1 59:24 noninsulated [ij 55:5 nonresponsive m 32:17 33:8 34:13 51:11 31:8 42:5 43:1,24 44:2 45:11,16,20,24 46:2,6 64:5,13,19 65:25 66:3 97:13,17,18 knowing pj 35.8,9 78:7 ivem 11:6 lived [2] 11:8 75:14 oaded[i] 84:3 localized [ij 45:21 MATTHIESEN [2] 2:19 122:16 may[i8] 4:10,21 5:6 13:8 15:21 37:21 38:2 46:14 51:22,23 75:25 86:9,9 misstates [2] 53:23 55:15 mixed [ij 19:8 Monday [i] 39:13 monitored [i) 45:13 65:7 91:12 105:11 I 12:15 Notary [3] 4:21 118:19 119:23 notepj 101:19 noted [i] 121:12 DIANA HENJUM REPORTING SERVICES, P C 1-800-780-2555 Index Page GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-Page1 nothing - program GLEN PETE JOHNSON iothing[2] 101:20 120:10 Notice [l) 1:23 notification [i] 104:8 now [14] 9:10 16:14,19 17:2 19:21 20:25 28:14 66:22 84:3 99:14,15 offering [ij 4:10 office [15] 34:5,10 35:4 40:14 47:9,18,21,24 62:8 77:3,6 95:11,15 120:18 122:21 93:5 100:2,15 109:5 ' personal [i] 112:10 110:24 personalities [ij 52 25 Owens-Coming p] 14 personally [2] 114 21 6:7 121:4 114:25 own [4] 7:16 71:21 98:6 personnel [4] 20:5,11 100:25 106:4 111:13 110:13 political [2] 24:2,3 portion [4] 16:15 83:20 83:20 105:11 position [5] 24:25 36:2 85:22 86:7 96:12 38:8 39:1 47:8 50:10 57:10 85:22 99:4 number^] 67:5 69:4 82:1 96:17 109:23 numbered (l] 1.14 numbers [2j 87:7 96:24 officer [5] 24:12,14,15 38:19 121:16 offices [4] 1:17 2:4 121:22 122:1 often [2] 87:19,19 oil [3] 13:22 20:22 33:6 owned [3] 9:20 19:19 20:18 owner [3] 9:15,17,18 ownership [2j 9:15 13:2 -P- persons' p) 93.2 perspective [i] 34:2 pertaining [i] 102:2 Pete [M] 1:9,12 3:4 6:5 7:1 52:6 118:3,10,13 119:3,17,21 120:7 121:6 possibility [ij 100:21 possible [2] 96:1,10 posted [l] 46:3 potential [i2j 16:10 35:11 41:1 46:11 58:15 60:6,12 69:13 72:9 92:22 -o- 0 [6] 7:5 101:14 106:22 107:12 115:22 119:1 oath[i) 7:3 object [27j 15:5 33:1,7 34:13 46:19,24 49:22 50:16 51:4,10 55:2 57:20 65:12 69:7 72:11 73:3 74:7 80:23 82:15 88:23 91:6,11 96:7 100:14 107:7 110:22 112:14 OJT[i] 40:3 old[7] 7:13 9:11 23:21 26:23 28:4 62:8 92:25 one [S3] 4:16 8:20 14:18 18:4 20:4,9 23:8 25:20 30:20 31:18 33:22 38:11 38:22 39:3,4,18 41:9,9,9 43:17 50:10 58:2 61:4 63:24 65:7,19,21 70:17 76:15 77:12,16 79:10,13 85:1,7 87:5 88:22 89:4,12 89:12 92:14 93:8 103:4,6 107:' 9 108:4 110:2 P[] 1:2 2:1,1 6:6 7:10 121:2 P-e-t-t-y[i] 52:8 P.C [2] 120:22 121:14 P.0 [2] 2:9 122:6 Page [9] 3:6,7,8,9,10,12 3:13,14 119:7 Pakistan [4] 10:24 11:6 19:9,9 panels [i] 60:8 paper [i] 23:2 objection [43] 4:16 30:25 112- 114:23,24 115:25 paper-type [i] 23:9 32:8,16 33:13,22 34:6,18 42:9,17,21 44:12 45:5 49:17 53:15,23 54:11,17 55:13,14 58:10 63:9 64:8 Ong_.,,g[2] 47:14 84:22 onward [ij 115:9 OP3 [l] 29:24 Paris [2] 2:24 6:12 Park[i] 26:2 part [13] 47:2 69:25 70:3 64:15 65:1,6 66:7 70:19 open [io] 79:7,14,15,19 74:25 75:10,20 76:9 81:9 79:22 80:4,20 81:3 87:25 93:3,4 96:5 100:2 102:5 94:9 72:15,15 76:12 78:18 80:22 82:13 85:10 89:25 102:6 121:24 105:10 109:4 110:4 operated [ij 111:14 jarticipate [l] 17:11 112:19 115:17 operation [7] 68:8 81:4 )articular [22] 9:9 18:5 objections [3] 4:8 35:12 54:4 obligation [1] 75:14 observations [2] 63:20 99:24 103:3,4,6 106:2 operations pj 58:8 69:4 87:16 96:13 100:8 105:16 108:23 18:15 21:15 22:13 39:23 41:5,6 55:25 59:9,22 67:3 67:17 68:5,12,12,25 70:9 79:13 84:21 102:16 115:6 111:4 opinion [i] 111:1 particularly pj 85:1 observe [10] 26:20 29:14 29:16 68:25 96:12 102:1 105:16 108:22 109:8 113:20 observed [ii] 27:1,14 28:8 29:3 55:22 67:17 85:1 96:18 101:24 109:22 opportunity [ij 72:14 OppOSed[4] 15:20 40:13 47:25 91:4 ORAL/VIDEO [3] 1:8 1:12 121:6 order(6] 55:24 61:16 parties [9] 4:4,6,15,17,19 5:2 121:19,25 122:20 Pass [2] 101:10 115:20 passed(3] 82:21 104:16 105:6 past [i] 16:22 111:25 64:25 66:5 72:18 79:3 PATRICIA [2] 2:8 observing [4] 67:4 68:11 ordered[2j 14:5 H0:2l 122:5 83:20 112:17 obviously [2] 92:11 96:11 orders [i] 17:1 ordinarily [ij 106:12 organization [ij 35:23 people [10] 23:14 30:20 40:1 41:17 44:23 51:22 72:19 104:18 105:6 114:14 occasion^] 17:20 53:1 organized [ij 25:14 72:24 74:20 107:2,18 113:19,24 original [i] 121:21 PER[i] 4:3 pcrcent[3] 8:6 13:6 48:1 occasions [io] 9:25 27:4 originally [ij 119.5 percentage [2] 8:3 40:11 29:14 61:24 67:8 96:2 OSHA[3] 40:18,21 76:4 perform [i] 55:24 109:23 110:2 111:25 1 14:2 outfit [2] 13:9 19:16 outside [2] 50:1,3 performed [3] 69:4 88:3 103:12 Occupational [2] 41:22 105:5 ovenp) 81:8 ovens [2] 78:10 80:9 performing [2] 102:2 105:19 occurred [2j 81:1 120:13 occurrence [i] 70:14 overbroad [25] 31:1 32:8 33:2 34:6 35:13 42:10,18 perhaps [3] 111:18 10:8 102:18 occurrences [i] 67:14 46:25 49:23 57:21 58:10 period [5] 19:19 39:14 Octobcr[2j 38:9 120:19 63:12 64:8 65:1 66:7 69:8 40:11 65:20 66:9 107:3 Off [8] 17:4 38:6,12 65:5 72:12 76:10 88:24 91:7 person [ij 4:13 Petty [5] 52:6,7 54:14 69:5,12 phrase [i] 21:23 phrascd[4] 42:19 49:25 51:6 69:9 physical [ij 36:5 physically [ij 40:4 piece [8] 21:13,18 22:22 55:25 65:5 67:23 68:9,15 pinpoint [i] 108:10 pioneerpj 105:4 pipe [37] 19:1 26:9,13,13 48:19 49:7,9,11,21 50:11 50:19 53:21 54:9,16,19 54:24,25 55:8,9,12,21,25 64:6,10,12,14,18,20 65:5 66:13 67:23,23 68:9,15 85:14 95:5,7 pipefitter [4] 50:13,23 50:24 55:23 pipefitters [i6] 48:20 48:21 49:7,15 50:11 51:16 52:2,17 54:15 67:4,5,18 68:11 69:5 71:9 98:13 pipes [5] 26:18 53:10,13 64:25 66:5 piping [i4] 26:10 49:8,8 49:21 54:3,5 66:6 81:5 84:13,14,14 85:15 102:3 102:19 Pittsburgh [3] 2:12 6:22 122:9 place [9] 35:1 44:10,22 58:19 65:22 67:24 79:20 82:2 103:18 plaintiffs [4j 1:14 2:6 6:16 122:3 plant [21] 47:13,17 53:5 53:22 55:20 56:12 58:16 60:15 63:16 76:21 77:24 77:25 78:2,5 85:25 87:9 88:20 102:25 108:20,21 113:4 plate [i] 88:10 94:12 play [2] 103:23 116:12 Plazap] 2:20 122:16 pocket [i] 113:6 point [5] 23:2 47:4 65:21 99:6 107:16 polep] 98:22 policies [i] 45:7 policy [3] 46:18 87:24 97:8 110:17 potentially [3] 56:4 92:18 100:13 pouch [l] 113:6 power [2] 21:24 22:20 Powered [3] 18:20 21:9 21:10 powerhouse [7] 77:13 77:15 78:6,7,12 81:7 85:19 practices [ii 40:22 pre[i] 80:2 precautions [6] 17:22 28:11,18 71:20 76:6 100:24 predominantly pj 92:11 preparation [i] 121:11 prepare^] 61:17 79:3 presence [i] 58:25 present[5] 2:23 4:13,18 35:3 97:3 presented [ij 104:18 presently [ij 7:15 pressure [i] 7:23 presumably [i] 30:20 pretty [5] 13:24 76:21 94:18 104:16 112:9 prevent [ij 89:21 prevented [i] 116:16 previously [3] 61:7,22 61:25 principal [i] 13:1 Prop] 121:12 problem pi 34:10 problems [3] 41:25 43:2 104:13 procedure [2] 1:21 446 proceedings [2] 6:1 120:16 process [4] 55:23 56:5 75:6 80:22 produced [ij 1:13 product^] 18 12,22 20 4 20:9 90:22 102:24 products [5] 27:7 39:24 102:17,19 106:5 profession pi 32 22 program [8] 24:13 41:6 46:7 103:20 111:2,3 1 14:9 DIANA HENJUM REPORTING SERVICES, P.C 1-800-780-2555 Index Page 6 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageT programs - see GLEN PETE JOHNSON 114:23 read [13] 5:8 8:20,24 33:9 relative [2] 74:12,13 17:21 39:19 91:23 98:22 43:1,5 47:15 48:11 51:2,7 programs [l] 116:1 33:11 34:14,16 51:12 65:7 relaypj 71:17 107:15 111:16,22 115:7 52:2,10,15 56:2 57:17 project [li] 18:17,25 21 3 65:9 76:14,17 118:4 27:14 29:22 37:4 47:15 readback[ij 65:13 47:15 85:8 90:19 102:10 realfi] 104:17 projects [10] 27:7,11 40:2,2 83:10 85:23 86:4 88:15 92:4 97:14 proper [2] 44:5 75.23 really [4] 62.12 73:11 80:2 117:2 reason [6] 31:4 52:20 63:24 73:21 79:20 121:17 properly [2] 76:1 121:15 reasons [4] 30:20 31:18 relayed [i] 20:25 remaining [i] 99.24 Remediation [7] 7:19 9:23 19:12,18,23 20:5 27:24 remember [i4] 14:12 21:3 43:9 68:19 79:14 82:1,8 90:8,14 95:1,22 respective [2] 4 5,17 respirator [ip 1418 18:3,20 21:9,10,24 22:20 23:13 104:11 114:24 115:2 respirators [2] 109:15 113:14 respiratory [27] 14:10 58:8 60:13 61:16 62:8,17 65:3,4 71:6 73:12 74:12 75:5 76:25 77:12,17,24 78:21 79:8,21 81:15,21 85:17,24 86:12 87:3,13 87:19,25 88:2,13,17,21 90:6 91:3,9,14,15,19 92:1 92:4 93:12,17 95:6,9 96:2 96:23 97:20,25 99:1 100:5 propounded [i] 120:7 63:25 121:20 protection [3i] 14:10,21 recalls [l] 74:12 97:9 103:22 104:6 remembering [i] 50:8 14:21 15:19,25 16:1,8 17:13,14 18:12,19 21:2 22:3 23:10 28:12 45:24 100:12,23 101:6 102:10 102:23 104:24 105:4,4,17 106:6 109:8,22 111:2,6 15:3,19,21,25 16:1,2,8,9 receive p] 40:15,16 removal [is] 8:1,14,18 103:19 109:14 110:3,6,9 111:11,16,17,17,20 116:1 17:13,14 21:2 22:3 23:10 received [3] 35:22 38:23 10:1 18:4 20:6 21:2 22:4 112:6,18,24 113:2,16,22 116:7 122:14 28:12 45:24 103:20 109:14 110:3,6,9 112:6 112:18,25 113:3,16,22,25 114:4,8 protective [2] 59:25 112:10 protocols [l] 106:5 provide [2] 8:7 20:3 provided [i] 18:19 providing [2] 14:21 22:19 public [4] 4:21 32:14 118:19 119:23 pulldown [l] 26:23 pulling [l] 73:21 jurchasepi 18:22 purchased [i] 14:5 jurchasing [i] 16:9 purified[3] 21:19,21,22 purifying [5] 18:20 21:9 21:10,24 22:20 purpose [l] 89:18 39:19 recently [i] 19:6 recess [i] 66:23 reckon [2] 12:17 83:11 recognize c<] 64:23 92:17,20,24 100:11,20 recognized [3] 30:22 72:8 110:15 recollection[34] ii:io 22:15 29:23 30:5 50:5,6 53:9,10 56:17 62:21,24 67:16 73:6 77:2 83:16,19 84:22 90:18 91:8 93:8,12 94:6,8 97:3,24 104:5 107:24 108:5,6,17 109:12 112:4,17 114:18 recollections [l] 68:10 recommend [i] 22:1 recommendation [2] 21:5 105:3 recommendations [io] 44:5,22 45:4 46:15 47:5 104:6,23 105:2,7 115:15 22:21 27:2,14 28:10 32:11 114:8 50:25 56:4 92:9,17 96:3 response [2] 111:16 remove [7j 50:12,15,21 120:6 64:24 65:23 66:5 85:10 responsibility [2j 37:8 removed [4] 60:6 66:14 96:20 76:5 80:22 responsible [2] 37:1 removing [41 9:3 18:25 48:14 55:23 83:25 responsiveness p] .4:9 rent[i] 28:6 rest [3] 105:8 106:19 rental[4] 7:16 8:8 16:14 116:23 19:18 result [4] 35:22 82:11,12 rentals [i] 10:10 93:1 rented [2] 8:13 16:21 resulted [i] 80:21 rents [3] 8:11 20:4,5 retainedpi 121:18 repair [2] 51:1 84:3 retum[2] 4:25 121:13 - repairs [i] 55:24 returned [4] 4:22 121:15 repetitious [i3] 33:14 121:16,18 34:7,19 44:13 45:5 53:16 54:12,18 64:9,16 65:14 110:5 112:20 rephrase [i] 51.13 replace [i] 39.1 Richardson [2] 62:10 62:25 Riggers [2] 49.1,2 rigging [i] 83:24 right [73] 11:15,23 12:11 ROTO [2] 24:13,14 roundhouse [l] 95:9 rounds [i] 53:4 rule [2] 4:3 73:19 Rules [3] 1:214:24 120:12 running [i] 68:15 runsp] 21:17 -S- S [2J 2:1 4:1 S-h-a-l-i-m-a-rpj 11:14 safely [l] 60:6 safety [goj 11:16,17,18 12:4,21,22 13:9 14:1,4,8 18:5,11 19:5 20:21 25:15 25:20 30:16 32:22 36:3 36:24 37:1,8,20 38:4,13 38:15,19,23 39:2,7,15,15 39:24 40:1,2 41:6,22 43:6 44:23 48:15 56:8,11.12 pursuant [3] 1:22 120:11 121:24 put [5] 20:12 51:2 55:6 recommended [i] 23.13 replacement [2] 92:9 51:1 record [15] 6:3,14 7:9 33:20 66:22,25 99:14,15 report[2] 72:15 73:25 57:11 76:3 99:17 101:18 103:7 118:6 reported [i] 37:5 15:13 16:14 19:21 20:1 20:17 21:23 22:18 23:1 23:20,24 24:22 25:23 28:5 28:24 30:17 31:25 34:12 56:14,18,21,24 57:3,4 64:2 69:21,25 71:21 72:22 73:7 74:1 82:7 97:10 100:24,25 104:18 105:4,5 putting [2] 29:24 67:22 -Q- qualifiedp] 57:18 58:1 58:5 questioning [i] 116:2 121:9,24,25 reporter^] 1:17 8:25 records [l] 61:4 33:12 34:17 65:10 76:18 reduce[2] 16:3 45:17 120:4 121:8 reduction [2] 47:12 77:8 Reporter's [i] 3:14 reference [i] 4:25 Reporting[4] 6:12 74:17 120:22 121:14 refinery [2] 26:10 34:2 represent [l] 7:21 35:7 36:14,15,20 38:1,5 106:4 107:2,4,15,18,25 39:17 40:4 41:11 42:12 110:12 111:2,3,7,13,15 44:7 48:5 49:6,20 52:1 111:18,20 116:1,9,16 53:19 54:6,22,25 56:21 safety's [l] 105:7 61:19 62:16 63:2 64:3,7 64:21 65:18 66:15,19 safety-type [i] 25.8 67:13 71:11 74:19,24 75:3 sakep) 64:2 77:10 78:13 79:17 83:12 salep] 19:10 questions [7] 82:12 101:11,17 106:18 107:9 116:22 120:6 quickerp] lii;i9 -R- R [8] 2:1,19 4:1 107:12 '15:22 119:1,1 122:15 raised [i] 108:6 ran pj 64:18 refresh [i] 77:1 refusal [i] 121:17 regarding [3] 73:5,6 101:22 regular[i] 96:14 regulation [i] 44:24 regulations [u] 40:18 40:21 43:25 44:3,10,21 76:8 103:24 114:19 115:10,14 requested [5] 8:24 33:11 34:16 65:9 76:17 require [i] 110:9 required [4] 45:20 64:1 100:6 110:6 requirement [4] 45:12 45:25 46:18 104:7 requirements [i2] 4:24 44:10 45:3,7,8 46:15 47:6 103:18 104:4,17 115:7 83:14 88:4 98:9 99:4,6,9 99:22 102:15 103:6 107:21 108:3,16 109:20 110:8 113:19 rip-out (i) 28:16 risk [2] 32:23 34:4 rodp] 93:22 room [5] 32:6.23 33:6 35:10,14 Root [125] 2:17 6:20 8:14 Sanpj 120:22 saw [2] 72:15 77:8 sawing [4] 26:22 29:4,16 92:21 schedule [i] 82.13 Schmidt [3] 57:8 58:6,7 school [5] 12:15,16 24:12 24:14,15 scientist[i] 42:3 range [3] 8:4 29:1 48:12 Ratapj 121:12 Re-Examination [2j 3:9.10 reached [i] 68:17 regulatory [i] 115:7 reign [i] 111:10 related[2] 40:IS 66:8 relates [i] 8:4 relationship [i] 25:6 120:11 Reserve [2] 106:19 116:22 Resources [6] 7:19 9:23 19:12,24 20:5 27:24 respect iio] 16:13,15 8:16 9:1 10:2,2,11,15,15 scientists p] 41:23 11:25 12:24 13:8,21 14:1 scope [3] 92:10 106:10 14:6.17,22,24 15:2 16:1,9 106:14 16:16 17:11,15 20:14 22:1 screws [i] 60:7 22:7,15 23:17 25:1,2,6,19 27:10 35:23 36:25 37:12 SEAL [2] 120:18 122:21 37:21 41:20,24 42:5,14 sec [14] 10:20 16:13 18:9 DIANA HENJUM REPORTING SERVICES, P.C 1-800-780-2555 Index Page 7 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageT seeing - toxic GLEN PETE JOHNSON 23:20 25:3 27:23 36:1 1 113:20 stadium [ij 26:3 substation [2] 86:21 testimony [i4] 16:23 37:10 40:16 48:2 53:1 73:22 89:2 102:11 seeing [4] 28:10,16 65:4 102:13 seeks 115:9 self-enclosed [i] 18:19 sell [2] 13:17 25:8 sites [2] 9:5 16:2 sittings 35:5 113:22 situation [8] 18 15 22:4 59:4 68:12 97:1 99:23 110:21 111:12 six [2] 20:19 39:21 sizes 106:10,14 Stands 4:14 52:19 standards 75:23,23 standpoint [2] 100:6 111:8 Stars 11:16,17 12.20 13:9 20:20 22:14 25:14 starts 37:11 98:23 87:4 53:8 70:20 73:5 82:9,18 substations [i] 87:8 101:25 102:7 104:2 116:6 substitute [2] 90:25 91:3 118:6 119:4 121:9,24 substitutes [i] 91:18 tests (i) 103:12 such [2j 28:11 45:18 Texas [22] 1:3,17,19,20 1:21 2:5,10,15,16,20 suckp] 45:21 11:12 118:1 120:1,5,23 sufficient [i] 16:3 121:3,23 122:2,7,11,12 send [2] 113:11,12 skilled [i] 99:3 started s 19:11 25:14 Suite [S] 2:5 6:11 120:22 122:17 senior [6] 36:25,25 37:7 small [2] 39:6 50:25 30:15 37:10,21 38:2 42:22 121:23 122:2 thank [7] 33:25 96:21,21 40:1 52:22,24 sense [10] 13:7 39:19 40:11 47:23 48:9 51:14 70:6 73:1 91:14 100:20 Septembers 1:15 6:8 37:24 38:8 121:7 sequences [l] 87:6 served pj 122:20 services [4] 6:12 8:7 120:22 121:14 set [2] 1:22 47:16 settings 32:15 34:11 several [5] 31:13 79:15 80:6,7,8 sold [5] 14:19,2518:13 19:16 28:3 soles 9:18 Solve-all[i] 104:13 someone [S] 29:14,16 32:21 34:2 74:23 somewhat [l] 17:7 somewhere pj 10:7 38:10 108:1 sorry [13] 9:9 17:16,18 20:10 28:20 33:25 37:23 38:2 67:10 99:11 105:13 113:15 115:1 SOrt[2] 28:12 114:18 106:2 starting [i] 35:20 State po] 1:17,20 7:8 75:23 118:1,20 119:19,23 120:1,5 statements 28:15 60:23 88:15 States [i] 11:1 stating [i] 41:17 stationed [i] 40:5 Statutes [i] 4:24 Stays 22:11 77:22,23 85:5 92:8 s am[i7j 26:9,9 49:8 summary pj 116:16,16 superior [2] 74:23 75:6 superiors [i] 74:6 supervisor [i4j 12:4 18:5,11 19:5 21:1 22:2 35:25 36:24 39:2,7,16 40:2 74:1,2 supervisors [4] 17:12 22:8 56:25 107:5 supervisory [l] 108:15 supplies [4] 14:1,4,8 27:8 supply [6] 11:18 12:21 15:12 19:16 28:3,6 106:20 116:21,24,25 thereafter [2] 4:22 38:7 therefore [i[ 121:20 thereof [2] 5:6 121:21 thereto [2] 4:4 121:11 Thermobestos [i] 90:22 they've [2j 17:7,9 thought [3] 29:18 62:16 104:20 thousands [l] 10:4 three [18] 12:13 24:16,24 25:17,19,25 26:15,20 36:9 36:21 37:16 38:3 48:10 68:23 78:4 84:20 86:4 Shalimars 11:12,13 Souths 2:5 121:23 0:11 53:10,13,17 54:3,5 supplying [1] 27:20 112:1 shall [i] 4:17 share [i] 47:18 .sheet [i] 121:20 Shell [18] 13:22 17:25 122:2 spares [l] 94:5 speak [i] 98:25 speaking [i] 113:15 j4:8,16,20 64:6,11 81:5 84:13 94:9 Steel [ii] 31:15 36:7 51:9 53:18 57:4 77:4 89:24,25 91:9 107:4 108:11 supposed [i] 75:8 surely pj 53:12 surprise [i] 55:10 suspicions 41:16,20 through [ii] 4:4,7,20 5:3 19:19 21:20 29:11 36:9 36:11 63:5 114:23 throughout pj 113:3 18:1,6 19:6 21:1 26:2,5,9 29:10,21 30:21 33:6 35:9 35:11 36:12,14 48:4 Shop [9] 29:22 67:23 81:21 87:11 88:1 90:6,12 95:13,22 shops [2] 47:17 114:13 Short [l] 66:23 Shorthand [3] 1:16 120:4 121:8 Shortly [1] 38:7 Shows 18:12 62:5,7 64:21 77:1,7 shown [i] 122:20 sides 42:3 spec s 74:25 Steps [l] 59:23 42:2,3 spec'dfl] 14:22 stick [i] 41:5 Swaps 39:12 specific [31] 14:25 16:6 Sticks [i] 114:24 Switch [l] 87:9 22:6,14 42:19 43:9 44:21 53:8 56:17 67:16 68:10 69:16,18 73:14 83:19,20 84:22 87:17 88:2,3 90:18 90:19 95:3 100:19 104:7 Stills 23:1 45:4 52:9,14 81:4 113:22 stipulations [l] 1:22 Stops 8:21 sworn [5] 7:2 118:13 119:20 120:9 121:10 systems 18:19 21:8 78:22 89:19,21 90:1 104:17 107:24 108:5,7 109:12 112:16 storages 93:24 94:3 straight [i] 19:21 systems [3] 66:6 84:13 84:14 specifically [25] 17:21 32:20 43:4 46:10 47:12 Street [ij 1:19 -T- 56:19,20 58:21 60:24 62:25 65:4 66:10 68:21 69:15 70:1 71:15 72:13 81:2,23 85:16 90:15 91:16 strike [i] 71:25 structural s 93:11,13 Structures 78:24 81:24 111:18 T [6] 4:1 7:5 101:14 106:22 107:12 115:22 takes [l] 28:2 thumb [i] 73:19 tighter [i] 111:9 tile [i] 33:5 times [5] 16:21 28:24 29:15,22 109:19 timing [2] 44:17,20 title [2] 36:2,23 today [13] 33:20 44:25 54:7 56:18 61:20,21 62:2 62:3 67:2 101:20 103:22 104:21 105:21 Today's [i] 6:8 together[S] 88:8,14,18 118:5 121:21 Tomball[i] 26:3 sidings 59:4 103:1 95:21 103:1 113:1 sights 88:6 96:25 specificity [i] 109:5 Signs 121:13,17 specifics [4] 32:1 86:15 signatures 3:12 4:25 86:17 93:15 signed s 4:21 5:4,8 speculation [6j 31:1 32:10 53:25 96:6 102:6 significants 13:8 17:7 107:8 55:8 63:20 69:4 78:1 81:15 speculative [is] 15:6 33:2 34:7 35:13 42:17,20 significantly [ij 78:5 50:17 51:6 53:15 57:21 signs [3] 46:2 103:20 69:8 74:10 75:1,11,21 104:8 80:24 96:8 115:18 structures [2] -76:22 80:8 takings 120:17 28:11 101:19 Stuck [ij 68:18 tanned [i] 10:24 Studied [i] 41:3 tannery s 10:24 27:16 Stuffs 35:18 104:16 Taxable [4] 122:4,9,14 Stylcd[i] 1:14 122:19 subs 91:17 tearing [i] 73:21 subcontractor pj 91:20 tearout[4] 26:22 28:10 97:13 28:16 92:25 subject [i] 70:5 tellings 107:16 110:1 subjects [i] 56:22 terminology [ij 46:13 tons [3] 32:5,5,25 toO[i] 114:14 took [3] 59:23 105:6,7 toolbox [7] 69:21,25 70:5 70:8 72:21 82:7 107:25 toolroom [2] 113:11,12 top [2] 78:22 90:11 topic [3] 70:18 73:8 107:1 tore [3] 79:18,19 80:9 tompj 80:14 similars 98:9 spell [i] 52:7 submitted [i] 121.-12 terms [i] 21:12 total [2] 21:23 70:1 single [2] 13:14 51:7 sit [6] 44:25 54:7 56:18 67:1 85:22 103:22 spend [3] 34:5 39:20 61:15 spent[6] 40:1,12 47:24 SUBSCRIBED s 18:13 119:20 substance [ii 15:22 test [l] 64:20 testified [3] 7:3 16:20 74:11 totem [ii 98:22 touch [l] 31:20 toured [i] 53:4 Site [12] 29:23 37:1 39:8 73:1,2 107:25 39:25 43:23 44:1 45:10 spool [2] 67:22 68:6 substances s 41:10 57:13 testify [5] 101:3,7 104:20 Tower[S] 1:19 2:9,15 105:21 120:9 122:6,11 50:9 53:2 67:11 102:13 spring [ij 48:8 substantial [ij 63:7 testifying[i] 4:13 toxic [2] 15:22 30:12 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page 8 GONZALEZ VS. OCF, ET AL September 26, 1996 Multi-PageTM trades - Zang GLEN PETE JOHNSON trades [2] 69:1 72:6 trailers [ij 7:22 trainees [i] 25:20 103:18 104:3 undertake [ii 106:6 undisturbed m 34:9 VS[2i 1:3 121:3 -w- 76:12 99:10 101:10 102:6 105:13 115:20 116:25 117:3 119:21 120:8,8 121:9,10,13,15,17,20 training^] 23.25 30:15 union [4] 13:22 87:25 35:18,22 38:11,15,24 116:13,15 39:19 40:7,10 41:4 43:6 unique [i] 52:24 43:11,18 46:16 56:2 57:10 57:11 63:19 65:19 66:1,4 unit[i] 88:10 transcript m 120:16 United [ij 11:1 121:9,11,12,15,16,21 unless[2] 64:20 73:14 W.R[3| 2:11 6:21 122:8 walk[i] 31:23 walk-throughs m 105:16 108.21 walking [l] 82:24 Wallace [i] 36:1 Witness'll] 3:12 wonder pi 24:18 words [i) 111:9 worked [9] 10:23 49:9 52:2 54:24 55:1 69:18 94:24 97:19 98:13 transform [ii 69:24 unsafe[2] 72:16 74:17 warehouse [i] 94:7 worker [i] 108:15 transited 59:4,18,18 unsignedpi 121:17 warning [i] 46:3 workers [ii] 45:22 46:3 60:20 103:1 up [10] 19:8 25:14 38:13 traveled [i] 113:3 47:17 70:2,6 75:14 82:12 Travis [4] 122:12 1:19 2:15 6:10 99:25 100:7 USA [2] 2:17 122:14 trial [7] 4:11,23 5:6 101:4 used pi 4:22 5:6 7:24 101:7 106:20 116:23 22:3 39:24 89:25 110:3 tried [2] 105:23,25 USeS[i] 16:7 Triple [15] 50:8 91:19 using [3] 30:21 31:4 92:2,7,13 97:7,9,16,21,25 92:13 warranted pi 113:10 waste [21 7:24 20:6 watch [i] 105:17 watching [ij 53:10 waterp] 68:18 Waters [99] 2:4,4 3:6,9 6:15,15 7:7 9:4 15:7 31:6 32:16,20 33:7 34:1,12,21 35:7,16 42:12,22,24 43:3 46:7 71:5,17 87:21 88:21 109:8,22 111:3 114:9 workplace [31 23:8 41:1 104:14 works [6] 21:12 27:18,21 34:2 103:10 106:3 world [2] 82:23 105:9 -X- 101:23 102:1,9,12,13 usually [2] 10:17 63:4 44:15 45:9 46:20 47:3 X[6] 3:2 7:5 101:14 Trishpi 6:21 utmost [i] 74:18 49:20 50:2,22 51:10,14 106:22 107:12 115:22 truck [ij 84:3 53:19 54:2,6,13,22 55:6 true [5] 91:24 104:17 118:5 120:15 121:9 truth [3] 120:10,10,10 -V-- V [2] 2:13 122:10 vacuum [l] 78:22 55:22 5 :24 58:11 63:17 64:13,19 65:6,18 66:15 66:17 67:1,12,15 69:11 70:22 72:17 73:9 74:14 -Y- year[i2] 17:1 20:19 37:11 48:6 68:1,1 70:17 103:22 trying [i] 68:24 turbine [2] 84:9,11 twice [2] 62:1,2 two [101 11:8 19:22 25:21 38:11 52:19 68:20 88:11 89:6,7 111:13 two-month [3] 39:18 vacuums [1] 7:22 vague [19] 31:1 32:9 33:2 34:7 35:13 42:10,25 49:23 55:2,14 63:9 65:2 66:8 72:12 76:9 88:24 91:7 100:3 109:4 value [l] 13:11 75:4,16 76:2,14,20 78:13 104:10,11 114:18,20 78:14 81:3,12 82:24 89:1 91:11,13 93:7 96:11 99:12 99:18 100:5,16,19 101:10 101:23 102:5 103:8,17,24 104:3 105:10 107:7,14 109:7 110:8 111:1 112:14 112:16,22 115:20,25 years [28] 9:11,13 10:5 11:3,8,19,19 12:1,11,12 12:13 16:22 17:7 23:21 24:16 27:25 28:4,4 36:8 36:10,21 48:10 68:23,23 86:5 109:21 112:1,1 43:18 65:19 Van [2] 2:9 122:6 116:24 117:2 121:22,23 yet[i] 42:4 type [121 7:20 14:15 16:17 varied [i] 51:24 22:2 25:10 30:23 35:6 45:21 78:20 97:3 98:2 variety [i] 56:22 109:13 various [8] 15:3 16:2 types [9] 10:12 16:7 31:2 40:1 41:14 42:7 48:17 41:3 59:25 69:17 76:22 96:13 108:21 106:12 111:24 vendor [9] 14:24 15:9 122:1,1 waysp] 28:21 wear[2j 110:21 114:4 wearing [6j 109:13,15 112:6,10,18,24 weekly [2] 70:13,15 you-all[6] 51:16 94:20 98:10 106:2 110:19 111:9 young [i] 68:16 younger [i] 98:23 yourself [2] 76.20 113:17 typically [6] 8:10 10:16 49:7 98:22 99:25 110:9 -u- U [11 119:1 U.S.A [i] 6:20 ultimately [ij 18:22 unable [2] 45:2 54:7 uncle [21 24:5 25:2 uncle's [11 24:25 under [9j 44:24 59:22 75:18,24 100:12 105:17 114:4 120:18 122:21 undergoing [ij 40:7 undersigned [i] 119:21 understand [12] 14:20 15:24 56:3,3 63:6,17,19 74:4 101:25 105:15 115:5 116:11 understood [3] 42:14 17:17,18 18:10 22:10,11 25:4 39:23 ventilation [3] 45:21 103:20 104:7 venture [2] 19:9 27:22 versus m 6:6 vicinity [8] 46:4 80:12 84:14 85:14 87:20 88:22 95:23 101:1 videographer[7j 2.24 6:3,11 66:21,24 99:13,16 videotaped [ii 6:4 violation [ij 76:8 violations [3] 111:7 116:9,17 virtue (ij 63:19 visible [3] 108:23 110:10 110:16 visited [2] 11:7,8 visits pi 39:25 visualize [ij 67:5 weeks [2] 39:21,21 West [2] 2:9 122:6 -z- wet[i] 68:17 Zang [3] 2:5 121:23 122:2 wetted [ij 60.8 wetting [3] 45:18 103:19 104:8 whatnot [i] 76:22 whole [5] 19:19 24:17 40:25 72:6 120:10 Wholly [l] 9:20 wide [7] 56:22 81:12,16 83:5,7,15 84:23 window [i] 31:21 wire [2] 94:1,7 wishpj 119:3 within [3) 35:23 88:6 94:19 without [3] 28:17 76:5,6 witness [29] 1:13 3:4 4:12,13 5:8 7:2 34:20 47:2 65:14,16 66:20 74:11 DIANA HENJUM REPORTING SERVICES, P.C. 1-800-780-2555 Index Page 9