Document 2JDRKV2rNDJwx30Ezodgy7v5R

COMPUTER AIDED TRANSCRIPTION 1 A. Yes, it is. 2 Q. A nd the exhibit itself doesn* t have the 3 attachments, correct? 4 A. It does not. 5 Q, A nd is t h i s a true a n d a c c u r a t e copy of the 6 letter w r i t t e n by you N o v e m b e r 7, 1975 to Michael Modan 7 absent the exhibits? 8 A. I presume it is, but just as a matter of 9 reference, this is the first copy I've seen so far where we 10 have such a striking d i f f e r e n c e b e t w e e n p ages of the copy. 11 There is a very distinct d i f ference in page one and page 12 two, but this w o u l d seem to be a r e p r e s e n t a t i v e copy of the 13 memo at N o v e m b e r 7th, 1975. 14 Q. Is this ad o c u m e n t that y o u m a i n t a i n e d in your 15 files at M o n s a n t o as part of Mo n s a n t o r e g u l a r l y - c o n d u c t e d 16 b usiness? 17 A. A cover letter, yes. 18 Q. Okay. W o u l d y o u now look at E x h i b i t 1510? 19 A. Yes* 20 Q. At page 317 of P l a i n t i f f ' s E x h i b i t 1510 is 21 there a paper a u t h o r e d by y o u e n t i t l e d "Ch l o r i n a t e d 22 Biphenyl Dielectrics - Their Utility and Potential Substi 23 tutes"? 24 A. There is. Q. And does thatcontinue ont h rough page 324 of - 127 - CONCANNON & JAEGER COMPUTER AIDED TRAN SCRIPTION 1 that exhibit? 2 A. Yes, it does. 3 Q. Is that a true and ac c u r a t e copy of a report 4 that you prepared? 5 A. Yes, it is. 6 Q. Did y ou m a i n t a i n a copy of this report in your 7 files at Monsa n t o as p a r t of M o n s a n t o ' s r e g u l a r l y - c o n d u c t e d 8 business? 9 A. Yes, I did. - IO Q. The b e g i n n i n g of P l a i n t i f f 8s E xhibit 1510 il refers to "Session V, Eco n o m i c s and S u b s t i t u t e s . " T u r n to 12 the first page of the exhibit. 13 A. Uh-huh. 14 Q. Did y o u p r e s e n t this paper at a c o n f e r e n c e ? 15 A. I p r e s e n t e d this paper at a c o n f e r e n c e at the 16 Pitt Hotel in Chicago in No v e m b e r of 1975. 17 Q. And that w a s as part of the N a t i o n a l 18 Conference on Polychlorinated Biphenyls, November IS to 21? ; . j . 19 A. Yes* it was. 20 Q. And I'd a s k e d y o u to refer to P l a i n t i f f ' s 21 Exhibit 1509. Does P l a i n t i f f `s Exhi b i t 1509 also contain 22 the report that is referenced in 1510 beginning at page 317 23 and e n ding at 324? 24 i7l1 Yes, it does. 25 IR. F E A T H E R S T O N E : A r e y o u g o i n g to attach - 12 8 - CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 1509 to the transcript? 2 MR. BRADLEY: I wa s not i n t e n d i n g to. 3 MR. FEATHERSTONE: Would you just describe on 4 the record what 1509 is? 5 MR. BRADLEY: I 'd be happy to do that. 1509, 6 the top right-hand, it says U.S. Department of Commerce, 7 National Technical Information Service, PB-253 248, and 8 it's entitled "National Conference on Polychlorinated 9 Biphenyls," November 19 to 21, 1975, Chicago, Illinois. 10 It begins w i t h B a t e s number 774190 and ends at 11 Bates number 774667. 12 MR. FEATHERSTONE: T h a t 's the Nevada Power 13 Bates n u m b e r ? 14 MR. BRADLEY: Yes. 15 Why did you write P l a i n t i f f s Exhibit 358 -- 16 Let ire rephrase the question. I take it the letter 17 referenced at P l a i n t i f f 's Exhibit 357 came to yo u in 18 October of 1975. 19 A. No. ? 20 Q. (by Mr. Bradley) To w h o m did it go? If you 21 know. 22 A. I believe that this w o u l d h ave gone to Mr. 23 Papageorge. 24 Q. A nd did Mr. Papageorge send it to y o u ? 25 A. I belie v e he w o u l d have done that. - 129 - CONCANNON & JAEGER COMPUTER AIDED TRAMSCRI PT ION 1 Q. Why w o u l d he h a v e done that? 2 A. Because Iir. Papageorge and I and our t e c h n o l o 3 gy community would discuss how Monsanto should openly and 4 responsively respond to such a letter. 5 Q. In October of *75, were y o u m a n a g e r of 6 dielectric fluids? 7 A. Yes, I was. 8 Q. In October of *75, what title did Bill o Papageorge have? 10 A. I'm not sure w h a t his t i t l e w a s at that point 11 in time. Bis f u n c t i o n w a s that of p r o d u c t stewardship. 12 Q. Is -- Do y o u know why Mr. P a p ageorge w a s the 13 person who w as chosen to r e s p o n d to the O c t o b e r 17, 1975 14 letter from the United States Environmental Protection 15 Agency, versus you, for example, who w a s ma n a g e r of \ 16 d i e l e c t r i c f l u i d s ? 17 A. Because most of M o n s a n t o ' s r e l a t i o n s h i p s w i t h 18 the Environmental Protective Agency were conducted by 19 people w ho had, as part of their role, the r o utine -- 20 Sorry. None of this w a s routine -- people w h o h ad the 21 responsibility to coordinate Monsanto's product safety 22 moves w ith the EPA. 23 Q. A nd that w a s Mr, P a p a g e o r g e ? 24 A. That was Mr. Papageorge. 25 MR. B R A D L E Y : I have n o t h i n g further. - 13 0 CONCANNON JAEGER COMPUTER AIDED TRANSCRIPTION 1 2 3 4 5 6 of 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. F E A T H E R S T O N E ; Great. No questions. DAVID WOOD S u b s c r i b e d and s w o r n to before m e this __________ day ./ A. D . , 1993. M Y C O M M I S S I O N EXPIRES _____________ ________ Notary Public, within and for the State of Missouri - 131 CONCANNON JAEGER COMPUTER AIDED- TRANSCRIPTION 1 STATE OP MISSOURI ) ) SS 2 C O UNTY OP ST. LOUIS ) o I, Mark D. Concannon, a N otary P u b l i c w i t h i n and for 4 the State of Missouri, duly commissioned, q u a l i f i e d and 5 a u t h o r i s e d to a d m ini s t e r oaths a n d to take a n d certify to 6 depositions, do hereby certify that pursuant to Notice in 7 the civil cause now pending and undetermined in the 8 District Court of the U n i t e d States, w i t h i n a n d for the g District of Nevada, e n t i t l e d N E V A D A P OWER COMPANY, Plain 10 tiff, -vs- MONSA N T O COMPANY, et a l ., Defendants, to be used 11 in the trial of said cause in said Court, I w a s a t t e n d e d at 1 2 the law offices of Messrs. Husch & Eppenberger, 100 N. 13 Broadway, in the City of St. Louis, State of Missouri, by 14 Ralph A. Bradley and R i c h a r d Hinckley, a t t o r n e y s for the 15 Plaintiff; by Bruce A. Feather stone, attorney for the 16 Defendant, Monsanto? by Laurie Basch, attorney for the 17 Defendant, W e s t i n g h o u s e ? and by DAVID WOOD, the witness, in 18 said office on April 1, 1993. 19 The said witness, DAVID WOOD, being of sound mind 20 and being by me first carefully examined a n d duly cautioned 21 and sworn to testify the truth, the w h o l e truth and nothing *^>**4>' but the truth in the case aforesaid, t h e r e u p o n t e s t i f i e d as 23 is shown in the fo r e g o i n g transcript, said t e s t i m o n y being 24 by me r e p o r t e d in s h o r t h a n d and c a u s e d to be t r a n s c r i b e d 25 into typewriting, and that the f o r e g o i n g p a g e s correctly - 132 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 set out the testimon y of the a f o r e m e n t i o n e d witness, D A V I D 2 WOOD, together with the questions propounded by counsel and 3 the remarks and objections of counsel thereto, and is in 4 all respects a full, true and complete tra n s c r i p t of the 5 questions propounded to and the answers given by said 6 witness; an d that said testimony, so transcribed, was 7 s u b s c r i b e d to by the w i t n e s s on the _______ day of 8 ________________ ;______ , A. D. , 1993 . 9 I FURT H E R C E R T I F Y that I am not of counsel nor 10 attorney for any of the parties to said suit, nor r e l a t e d , 1 11 nor i n t e r e s t e d in any of the parties or their attorneys. 12 WITN E S S M Y H A N D and Notarial Seal, given this 13 ______ day o f _____ ___________ , A. D. , 1993 , at St. Louis, 14 Missouri. 15 MY C O M M I S S I O N EXPIRES MARCH 21, 1994. 16 17 18 M R K D. C O N C A N N O N , 19 Notary Public, within and for the State of Missouri 20 21 22 23 24 25 - 133 CONCANNON & JAEGER COMPUTER AIDED TRANSCRIPTION 1 2 3 Concannon and Jaeger General Court Reporters 4 705 Olive Street, Ste. 604 St. Louis, Missouri 63101 5 May 3, 1993 6 7 8 David Wood Saflex Business Director-Americas 9 Monsanto Chemical Company 800 North Lindbergh Boulevard 10 St. Louis, Missouri 63167 11 Re: N e v a d a Power Vs. M o nsanto 12 Dear Mr. Wood: 13 This letter, i n c o r p o r a t e d as the last page of your deposition, taken on April 1, 1993, will serve as notice to 14 you that your testimony is now ready for your reading and signing of same. 15 I w o u l d a p p r e c i a t e your c o n t a c t i n g ray office by 16 call i n g (314) 421-1000 w i t h i n the next t h i r t y days so that arrangements can be made to accomplish this before your 17 d e p o s i t i o n must be f i l e d in Court. 18 Thank you for your cooperation in this regard. 19 Sincerely, 20 21 M A R K D. C O N C A N N O N 22 23 MDC:mk 24 25 - 134 - CONCANNON JAEGER COMPUTER AIDED TRANSCRIPTION 1 DAVID WOOD 2 3 - DEPOSITION CORRECTION SHEET - 4 In Re: NEVADA POWER Vs. MONSANTO 5 Upon reading his deposition transcript and before subscrib ing thereto, the deponent indicated the following: 6 7 Page Line should read: 8 Reason assigned for change: 9 Page Line should read: 10 Reason a s s i g n e d for change: 11 Page Line should read: 12 Reason a s s i g n e d for change: 13 Page Line should read: 14 R e a s o n a s s i g n e d for change: 15 Page Line should read: 16 R e a s o n a s s i g n e d for change: 17 Page Line should read: 18 Reason assigned for change: 19 Page Line should read: 20 Reason a s s i g n e d for change: 21 Page Line should read: 22 Reason assigned for change: 23 Page Line should read: 24 25 D A V I D W O O D - 135 CONCANNON & JAEGER ; WM : m * August 29* 1975 Su m : Inerteen Information y ja.' ini > : All Marketing <. cc: D, Sauter J. Brittain . D, McClain 14# Al'l req*uests for inf9ormation concerning the amount of lnerteen we use ;V*f? or put into equipment roust he referred to John Brittain or Don McClain $ for an answer. If .you receive any% inquiries, find out who want s this information (why, 4 if possible) and how someone who has that technical information can contact them. ,, # * In other words, do hot answer any questions about lnerteen or PCB's * even if you know the answer. Floyd A. Bean Marketing Manager J J j L ri./Q/-7 I EXHIBIT N O .__ /' d-t-Y?, M. DAVIS 904417 Wt;s 3CS S l S = d I v h n o o m qnv waaoow 9s :ts STATEMENT OF RICHARD K. SLUDER AUGUST llt1992 A A u m ->6>\ EXHIBIT NO. M. DAVIS 904418 a a a j j u n t f d d J J W 3 : 1 2 s s - a s - 10 1 2Q 3A 4Q 5A 6Q 7A 8 .Q 9A 10 Q 11 A 12 13 Q 14 15 16 A 17 Q 18 19 20 A 21 Q QUESTIONS BT DAVID HCCREA TO RICHARD R. SLUDER State your full name. Richard Keith Sluder. What is your age? Forty. What is your residential address? R.R, 18,. Box 60, Bedford, Indiana, What is your wife's name? Deittra Diane Sluder. What are your children's names and ages? Laura Ann Sluder, age seventeen. Sarah Lynn Sluder, age fifteen. Did you work for Westinghouse Electric Corporation in Bloomington, Indiana at its capacitor manufacturing plant? Yes. Do you still work at the same plant which was sold by Westinghouse Electric Corporation to Asea Brown Boveri on December 31, 1989? Yes. When did you start to work at the Westinghouse 904419 1 capacitor manufacturing plant in Bloomington, 2 3A 4Q 5 Indiana? March or April, 1972. When did you learn that PCBs were used in the manufacturing of capacitors? 6A I first learned about it in about 1976 when it was 7 played up in the newspapers. 8 Q What did you call the liquid that was used to :till 9 the capacitors from the time you first started to 10 work in March or April, 1 9 7 2 until 1976? 11 A Inerteen. 12 Q When did you first learn that Inerteen or PCBs were 13 manufactured by Monsanto Company? 14 A when we started reading about it in the papers in 15 about 1976. 16 Q Did you receive any warnings about Inerteen or PCBs 17 from Monsanto Company? 18 A No. 19 Q 20 21 A Did you receive any warnings about Inerteen or PCBs from Westinghouse Electric Corporation? No. - 3904420 did 'd ass sss 318=Qi a v a a oo u qnv vaaoow as : \z cs-as 10 1Q 2 3A 4Q 5 6A 7Q 8 9 10 11 12 13 14 A 15 Q 16 A 17 0 18 19 20 21 Did Monsanto Company inform you at any time that furans were a contaminate of Inerteen or PCBs? NO., Did Westinghouse inform you at any time that furans were a contaminate of Inerteen or PCBs? ; No. Dr. R. Emmet Kelly, M.D., the former Medical Director for Monsanto Company stated in a deposition on June 1, 1990 in the case Glen Brown, et al versus Monsanto Company that one ounce of furans would be sufficient to poison ten thousand people. Was that warning ever given to you by Monsanto Company? No. Was that warning ever given to you by Westinghouse? No. On September 15, 1947 E.C. Barnes/ the Industrial Hygiene Engineer, in the Headquarters Medical Department for Westinghouse Electric Corporation stated that Inerteen is a fairly toxic material which must be handled in such a way as to prevent -4 904421 1 2 3A 4Q 5A 6Q 7 8A 9Q 10 11 12 13 14 15 16 17 A 18 Q 19 20 A 21 Q poisoning. Was this warning given to you by Monsanto Company? No. Was this warning given to you by Westinghouse? No. Were you ever told that Inerteen or PCBs were a poison? No. On September 15/ 1947 E.C. Barnes stated that chronic poisoning may occur where there are repeated or recurring exposures to a sufficient concentration of Inerteen vapor over a period of months or years and such exposures to Inerteen vapor may produce internal bodily injury which may be disabling or could be fatal. Did anyone from Monsanto Company communicate this warning to you? No. Did anyone from Westinghouse communicate this warning to you? No. On September 15/ 1947 E.C* Barnes stated that so d "5~ 904422 ass s z z 3ia=ai tfHdOOW QNV VHH03W Q S H Z E B - 0 S - I 0  0 d 0S 9 318=01 II vadoaw qnv vaaoow ss:is E B - 0 2 - 1 0 1 2 3 4 5 6A 7Q 8 9A 10 Q 11 12 13 14 15 16 A 17 Q 18 19 20 21 A Inerteen is highly toxic if taken internally and the swallowing of approximately one or two ounces may cause serious internal injury or, perhaps, death. Did anyone from Monsanto Company communicate this warning to you? NO. ` Did anyone from Westinghouse communicate this warning to you7 No. On September 15, 1947 E.C. Barnes stated that Inerteen or PCBs is not very irritating to the skin, but, that it is absorbed through the skin and can produce toxic reactions internally. Did you receive any warnings from Monsanto or Westinghouse that PCBs are absorbed through your skin? No. When you worked at the Westinghouse capacitor manufacturing plant, did you ever know that PCBs went through your skin and were absorbed into your body? No. 904423 -6- 80 ' d 0ss see sts=ai \/3a33H aNtf waaaow ss:ts ss-es-ta 1Q 2 3 4 5 6 7 8A 9Q 10 11 12 13 14 A 15 Q 16 17 18 19 A 20 Q 21 On September 15, 1947 E.C. Barnes stated that proper preplacement and periodic physical examinations should be made by the medical department on workers who work with Inerteen. Were you ever informed that you as a person who worked with Inerteen or PCBs must have proper preplacement and periodic physical examinations? No. Were you ever given a preplacement or periodic physical examination where a nurse or doctor informed you that it was being done because of your working with Inerteen or PCBs at the Westinghouse capacitor manufacturing plant? No. On September 20, 1955 Dr. R. Emmet Kelly, M.D., Medical Director for Monsanto Chemical Company, stated that, "We know PCBs are toxic." Did Monsanto ever communicate this information to you? No. Monsanto Company published data on the concentration of chlorodibenzofurans or furans in 904424 - 7- 6 0 'd 0S 9EE 3ta-ai V 3 3 0 C W QN V V 3 H 3 3 W 0 0 :ZZ E S - 0S-I0 1 2 3 4 5A 6Q 7 8A 9Q 10 11 12 13 A 14 Q 15 16 A 17 Q 18 19 20 21 A PCBs. This published data showed that PCBs contained two to thirty-three parts per million furans as a contaminant. Was this information ever communicated to you by Monsanto Company? No. To this date has this information ever been communicated to you by Monsanto Company? No. Monsanto Company published data that used PCBs were contaminated with furans at ninety parts per million. To this date has Monsanto Company communicated this information to you? No. Have you received this information from any doctor, nurse or governmental health officer? No. Before this date, did you know that furans which are so toxic that one ounce will poison ten thousand people were in used PCBs at a level of ninety parts per million? No. -8- 904425 0 d 025 SCC SIS-ai vaaaow qnv waaaow 00:5s es-ea-ia 1Q 2 3 4 5 6 7 8 9 10 11 12 A 13 Q 14 15 16 A 17 Q 18 19 A 20 Q 21 On January 15, 1972, before you started working at the Bloomington Westinghouse Plant, Westinghouse Electric Corporation agreed to indemnify Monsanto Industrial Chemicals Co. and hold harmless Monsanto for any liabilities, claims, damages, penalties, actions, suits, losses, cost3 and expenses arising out of or in connection with the receipt, purchase, possession, handling, use, sale or disposition of PCBs. Were you told by Westinghouse that Monsanto required Westinghouse to indemnify Monsanto for any harm caused by PCBs? No. From 1972 until 1976 when you learned from newspaper articles that PCBs were in the plant, were you given any warnings about Inerteen or PCBs? No. Were you tested for the presence of PCBs in your blood in 1977? Yes. Did you receive your PCB blood test results four years later in 1981? -9904426 1A 2Q 3 4A 5Q 6 7A 8 9 10 11 12 13 14 Q 15 A 16 Q 17 A 18 Q 19 20 21 Yes. Was the test conducted by Dr. Alexander Blair Smith, M.D. who worked for NIOSH? Yes. What did Dr. Smith tell you about your PCB blood levels? He told me my PCB level was the highest that had ever been recorded. In 1981 I received my 1977 test results which showed I had 3,450 parts per billion PCB in my blood. In 1985 I was retested and my level was 40.29 parts per billion. After 1977 I did not work in PCBs because Westinghouse quit using them. Did you ask him for medical advise? Yes, I did. What did Dr. Smith tell you? To never give blood. Will you describe how you worked with Inerteen or PCBs at the Bloomington Westinghouse capacitor manufacturing plant from 1972 until approximately October, 1977 when Westinghouse quit using PCBs? (71T*rA -10- ;cure arr rtflsnt nrM U ( 1A 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 I hired in in either March or April, 1972, and Westinghouse put me directly in F-30. F-30 had a pet name given it I had been told by managers. They called it the swamp, and I wasn't back there over thirty seconds and I realised how it got that name. The smell of the section just jumped out at you as you walked in the area. There was oil on the floor, oil on the walls. Everything you looked at was just greasy and oil soaked. There was a smell of smoke in the air and you could see smoke lingering. The particular job that I went on was the fill and solder line. This operation we handled high voltage and low voltage capacitors and they would come out of large impregnating ovens where they were filled with Inerteen. They would have a large stem on the top of the can with a reservoir, and this reservoir held hot Inerteen. In a lot of cases we would have to put more oil in the can and each of the capacitors were on great big heavy It'd 0BS see 3lS=ai - 11- 904428 vaaoow qnw vaaoaw 10:sa 6-03-tC c. i a 0ES9EE SlB*ai vaaroow onw vaaoow 30:33 E S - 0 S - 10 1 trays. There would be as many as, I think twenty2 seven possibly in some instances on a tray at a 3 time in two rows and they were banded together with 4 steel banding. After we put the oil in the 5 reservoirs we would have.to cut the steel banding, 6 and when this happened the capacitors would spread 7 apart and suck the oil from the reservoirs down 8 inside the actual can itself. In the process of 9 spreading apart a lot of times they would fall 10 over, Inerteen would splash out and one person 11 would have to stand on one side of the cans and one 12 on the other and try to grab hold of them and keep 13 them from falling, and this Inerteen would splash 14 up in your face and splash on to your chest, 15 possibly go over your head, even down your back. 16 17 After we got the capacitors spread apart, 18 separated, we went back through with a suction hose 19 and sucked the remaining oil out of the reservoirs. 20 After doing that we would either use our bare hands 21 or in some cases where the reservoirs were 12 904429 - =* aes ass si8=ai M aaow q n v vaaaaw zz'-zz e 1 exceptionally tight we would use vice grips and 2 loosen the reservoirs from the can. There was 3 always a considerable amount of oil left in the 4 tube of the reservoir. They had, in a lot of 5 cases, a half inch diameter water pipe attached to 6 the reservoir, maybe as much as six inches long, so 7 there would always be at least that much oil that 8 you couldn't suck out, and then when you'd take the 9 can off that oil would just go everywhere. After 10 doing that we would go back through and put a 11 little steel plug in the hole and we tied it down 12 real tight and then go back through with an air 13 hose and blow the remaining Inerteen off of the top 14 of the cans. ' 15 16 The next step would be to put solder flux on the 17 tube, on the plugs, and use a gas torch to heat it 18 up and apply the solder to it to cap it off. That 19 was the main operation there. When we used the gas 20 torch to do the soldering with, there was somewhat 21 of an old ventilation system that was to draw the 13- 904430 1 smoke away from the torch and workers. It never 2 did work even when I hired in. When we would apply 3 the gas torch to the plugs on the capacitor there 4 would be a large quantity of smoke. It would blow 5 up in your face. There would be splatterings from 6 the torch in the way of solder flux remains and 7 Inerteen that was on top of the cans. Down 8 underneath where we worked they used sawdust to 9 catch all the Inerteen drippings. This sawdust was 10 anywhere from two inches deep to sometimes we'd 11 pile as much as six inches deep, and there was from 12 one end to the other probably almost a hundred 13 yards of sawdust on the floor about six or eight 14 feet wide. This Inerteen would drip down in there 15 and we very seldom cleaned it up until it got to 16 such a point that the inerteen separated from the 17 sawdust and would run into other sections and the 18 people in other sections would complain. Then we 19 were forced to clean up all the sawdust. They 20 would bring in empty fifty-five gallon barrels. 21 There have been times when we would haul as many as - 14- 904431 w c u n n u /'"tm w w o r i r n m . ! :rr* t t 1 fifty barrels of sawdust and Inerteen out of the 2 plant at one cleanup trip, 3 4 Westinghouse did not give us rubber boots or 5 anything to wear. We always wore just our regular 6 work shoes. The Inerteen would eat our shoes up. 7 A lot of people bought shoes once a month. It was 8 almost a necessity to buy them once a month. 9 Either the rubber soles on your shoes, or leather 10 soles would swell up and flatten out and turn 11 white. The leather would just get real nasty on 12 the upper parts of your shoes. Inerteen would soak 13 all the way through to your socks. Your bare feet 14 would turn white from it and blister. You didn't 15 have any kind of clothing to protect you. The 16 Inerteen would get on your pants, your shirt, and 17 you just, Within thirty seconds after starting the 18 job of a morning you start getting oil soaked and 19 you would just be that way for the day. There have 20 been times in the past where I would get so much 21 oil on me that I would have to leave on a couple of - 15- i r e cac* e T 3 --n U r t M / l *M.T 904432 1 occasions in the middle of the day and, and punch 2 out and drive thirty plus miles back to my home and 3 get different clothing to put on and I would turn 4 right around and go back to work and then by 5 quitting time I would be nasty again. 6 7 Underneath this line that X talked about where all 8 the sawdust was put there were any number of 9 occasions where, because of the gas acetylene torch 10 that we soldered with, the oil would eat away at 11 the rubber hoses to the torch and we would have 12 fires underneath the line in the sawdust. Flames 13 would go all the way to the ceiling and smoke would 14 be so black and so thick you couldn't see. It was 15 just terrible. You would have to get the fire 16 crews back there and try to get it put out. There 17 were other occasions where a worker would walk by 18 and throw a cigarette down in the sawdust. Rather 19 than flame when you would throw a cigarette in it, 20 it would just start burning black, just like 21 charcoal would burn. You would just see it spread ca t j i re*e 16- 904433 1 slowly over a period of days where the cigarette 2 was thrown down. Every day the black spot would be 3 a little bit bigger and a little bit bigger and it 4 would smoke and smell bad and burn your throat. We 5 just didn't know any better. Nobody ever told us 6 there were any dangers to our health. We just let 7 it burn like that. 8 9 After we had finished with the fill and solder 10 operation, the capacitors would be put on a 11 overhead chain or conveyor type system and they 12 would go into a large washer. It was a water wash 13 with some type of a powder detergent, and this was 14 maybe fifty feet long, maybe less. Once the 15 capacitors went through the washer system they 16 would start up an incline into a huge oven. It was 17 a two-story type oven and a rough dimension of the 18 oven was probably near the size of a basketball 19 floor both downstairs and up. As the capacitors 20 went up into the oven they would, if the seams were 21 bad, if the solders were bad, or for whatever L l *d -17 ass 9cs si0=ai wawnnw nww 904434 7 V r> f--1 r* -sr reason they would start to leak Inerteen and that would drip down on the floor. There was always just a wet stream on the floor where the capacitors ran. Once they went in the oven, they were heated up with big blowers and heaters, and the blowers would force air back out of the front of the oven and when so many capacitors got in the ovens that were leaking the blowers would blow black, nasty, old thick smoke back out. Another job that I held at that time was right underneath of that and it would blow that old heavy smoke right down on me. These .capacitors went up in the oven and made a couple of loops upstairs and then they would go downstairs. But, before I move on to the next step, there was a lot of times when there were so many leaky capacitors in the oven and blowing out so much smoke, or there were also occasions when the conveyor itself might break, that management would send us as employees in the ovens. They would shut the ovens off and stick a - 18- 904435 fan in the doorways and try to blow as much smoke out of the ovens as they could. We would go in the oven and start physically lifting capacitors off the line to get the weight off the line, or bring capacitors out. It was terribly hot. You couldn't catch your breath hardly in there. You would just run in and you would work just as hard as you could for ten or fifteen seconds and do what you could and you would just run right back out to the front and catch your breath and go back in. This was pretty much commonplace. It occurred probably on an average of once or twice a month that we would have to go in the oven for something. After the capacitors completed the cycle in the big oven, they came down to a test station and this was a hot test power factor of some type or another, and the capacitors would come into a little room and a tester would hook up cables to the capacitor and close big plexiglass doors and put a charge in it or, I don't understand the electrical part of - 19- 904436 05 d ass see z is*ai Ifc vnaoow qnv vaaoow 90:5s ES-05-10 mm. 1 it, but at any rate, check it. There would be a 2 lot of occasions there when a capacitor would fail 3 the test by explosion or other means. But when the 4 capacitor exploded it put Inerteen on the floor. 5 It would break the porcelain bushings and glass 6 would go in different directions. There again, 7 they would shut the test equipment down and we 8 would have to go in with shovels and sawdust and 9 shovel up and clean up all the Inerteen and put it 10 in drums. 11 12 From that station the capacitor would go to a leak 13 test area. The leak test area was basically 14 a section where the individuals on the operation 15 would touch and visually check the capacitor itself 16 for any noticeable seepage of Inerteen or damage. 17 On the bottom of the can you would have to use your 18 fingers and physically touch and rub the bottoms of 19 the cans and then check your hands to see if you 20 got Inerteen on your fingers, if there was a slow 21 leak. -20- 904437 aee signal waaoow q n w waaoow 0 : 3 5 es-os 1 The capacitors were next prepared with paper sacks 2 for the painting department. The capacitor then 3 would go into a painting area to be primered and 4 move on to the next station where it would be final 5 painted. Anywhere along this line a leak could 6 occur or show up. From the final paint booth it 7 would go into another hot blast small oven. It was 8 a drying oven for paint. There were a lot of 9 occasions where that oven itself got hot enough 10 that leaks would show up. They would create 11 pressure in the cans andthe oil would drip down 12 and smoke would come out of the oven and blow 13 around the plant. 14 15 From that station the capacitor would go to an 16 unload area. Workers used a hydraulic lift totake 17 capacitors off the line to make them ready for 18 another test area. This test area we called the 19 merry-go-round. There was a big, circular test 20 device where maybe as many as twenty-five 21 capacitors would be loaded in individual stalls and -21- 904438 ``*3. 3t.t. V o o u utn Kui\<3 UziciUUVA .kJ .C O fc/d-kJG-tkJ 1 placed on this merry-go-round, and as they would go 2 around they would be tested by test people. When 3 these capacitors would fail the test at this 4 station there would be occasions where you would 5 hear a loud crack, like a gun. Two or three 6 seconds later you would hear another crack like a 7 gun and you might hear as many as ten cracks at a 8 time where capacitors would explode right in a row. 9 There was other occasions when it would absolutely 10 rock the building when it exploded. It was just U deafening to the ears when it would go off. 12 Porcelain would go everywhere. Oil would, under 13 pressure, just splatter every place. Big nasty, 14 billowy black clouds of smoke would drift around 15 the factory. Different areas would turn on fans 16 and blow it away from them. This big old black 17 cloud of smoke would just drift from one end of the 18 plant to the other. People always complained about 19 it. The smoke from the capacitor explosions would 20 burn your throat, burn your eyes, your n o s e . I t 21 would just make you hoarse, the smoke would. -22- 904439 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Q 21 Then from this test area the capacitors went on to skids and were sent to shipping areas. There were a lot of occasions when due to accidental handling procedure or being dumped by fork trucks when they were hauled in the plant there would be streams of Inerteen up and down the aisles. It was nothing uncommon to walk around the plant and see where somebody had gone by with a bucket or something and just sprinkled sawdust up and down the aisles. There were just trails everywhere. Now this Inerteen that was used in these capacitors was a real terribly smelling fluid. It was just nauseating. To me personally there was a, it wasn't so much a smell as when the odor hit you it almost hit you in the brain. It was just real unusual. Our plant's probably, I've been told, about ten acres and there was virtually no place in the facility that you couldn't find oil drippings on the floor or smell this terrible Inerteen odor. What health symptoms did you experience when you were exposed to Inerteen in the Westinghouse -23- r t r C ! C5 -- C"* 7 T O - /" T 904440 w n v ' N rAi.i r r x T W > r* 7 v c? c? _ r* 1 2A 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 capacitor manufacturing plant? When this oil would splash on us it would get in your face. It would just burn your eyes something terrible. You couldn't flush it out with water. There would be rashes that I would develop on my arms and also around my waist from the rubbing of my belt and my clothing. It would be like little blisters, turn yellow, be nasty, wouldn't heal very well at all. As a matter of fact, I still have some small scars from where it wouldn't heal. The smoke itself from the soldering of the capacitors would get in your throat. You could just literally taste it. Make you hoarse. Your throat would burn. Your nose would burn. Where it would get on our feet through our shoes we would get nasty sores on our feet. Our skin would peel off. There were a lot of instances where the smoke from the soldering would make us sick to our stomach, nauseous. We didn't feel like eating. There would be a lot of times when your stomach was just so upset from the odor and the smoke that you would -24- > rapo ac> c* 7 ro - n r w a iin n w rtMW 904441 o n 7 7 7C CO . _ t n ^ 3 d O O W Q N V VHiOOW S 0 :zz E G -03 - 10 1 2 3Q 4 5 6 7 8A 9 10 11 Q 12 13 14 15 16 A 17 Q 18 19 20 step outside the back door or run to the bathroom and vomit. In experiencing the health symptoms you described from being exposed to Inerteen, did Monsanto or Westinghouse ever tell you that these health symptoms were an early warning that you were being poisoned and could suffer long term effects? No, Monsanto or Westinghouse never, ever gave us any kind of warnings or told us that there was any danger of poisoning. Did any Westinghouse manager, foreman, medical doctor, nurse, or representative from Westinghouse Corporate Headquarters in Pittsburgh, Pennsylvania ever express any concern to you about health problems caused by exposure to Inerteen or PCBs? No. From 1972 to this date has anyone from Westinghouse expressed any concern to you verbally or in writing about health problems caused by exposure to PCBs in the Bloomington Westinghouse plant? No. -25- 904442 1Q 2 3 4A 5Q 6 7A 8Q 9 10 11 A 12 Q 13 14 15 A 16 Q 17 18 19 A 20 Q 21 Mr. Sluder, I hand you what is marked Exhibit A. Did Westinghouse ever show this 1947 exhibit to you? No. I hand you what is marked Exhibit B. Did Monsanto ever provide this 1955 document to you? No. I hand you what is marked Exhibit C. Did Monsanto ever provide this information on furans in PCBs to you ? No. I hand you what is marked Exhibit D. Did Monsanto ever provide this information on furans in PCBs to you? No. I hand you what is marked Exhibit E. Did Monsanto ever inform you that one ounce of furans could poison ten thousand people? No. I hand you what is marked Exhibit F . Did Westinghouse ever provide this 1971 document to -26- 904443 LZ d ass 9ss ste=ai tfaaoow q n v w a a o o w ai '.zz e s - as-ia 1 2A 3Q 4 5 6 7 8 9 10 11 12 13 A 14 Q 15 16 17 18 19 20 21 you? NO. In this document, dated December 28, 1971, Westinghouse states on page three that it was generally concluded that although the biological * information has yet to by systematized, there is sufficient evidence that PCBs can be deleterious to the health of animal and human life and that the risk of ignoring the evidence that does exist was inappropriate for Westinghouse. Was this information ever communicated to you by Westinghouse? No. The same document dated December 28, 1971 states on page two that Monsanto claims that the product or PCBs made in this country is essentially free from this impurity or furans. However, Westinghouse has no analytical data either from Monsanto or of its own which confirms or denies the existence of furans in PCBs. Did Westinghouse ever inform you that there was concern in 1971 about furans being -27 904444 BZ' d ass sss sis=ai v a a o o w q n v w a a o o w 1 1 :zz cs-as - t a 1 2A 3Q 4' 5 6 7A 8Q 9 10 11 12 13 A 14 Q 15 A 16 Q 17 A 18 19 20 21 present in PCBs? No. I hand you what is marked Exhibit G. Did Monsanto or Westinghouse ever inform you that Monsanto required Westinghouse on January 15, 1972 to indemnify Monsanto for any claims resulting from PCBs? No. I hand you what is marked Exhibit H. Did Monsanto or Westinghouse ever explain to you that Monsanto tested its PCBs in animal studies before August 4, 1975, in order to determine the toxic effects and the tests showed PCBs were slightly tumorigenic? No. Was your wife exposed to the PCBs in your clothing? Yes. How would you characterize her exposure? She would wash my clothes, handle the Inerteen soaked clothing, and then also when it was dried she was exposed to the smoke that would come from the dryer. The smoke that would come off of the dryer was so bad that we were told not to even -28- 904445 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A 18 Q 19 20 21 bring our clothing back to the laundry mat. Mr, Sluder, I hand you Exhibit I, which is an article titled Pesticides and Polychlorinated Biphenyl Residues in Human Breast Lipids and Their Relation to Breast Cancer. In this 1992 study Dr, Frank Falck, Jr. M.D., Ann Arbor, Michigan suggests that women exposed to DDT, DDE, & PCBs are more susceptible to breast cancer. Specifically, Dr. Falck wrote that a ten part per billion increase in tissue level of DDE and PCBscorresponds to a one percent increase in risk of breast cancer. This statement appears on page 145. To this date, has either Monsanto Company or Westinghouse communicated to you the results of this study which suggests that a minuscule increase of DDE and PCBs can result in an increased risk of breast cancer? No. Lastly, I show you, uh, Exhibits J and K which show the level of PCBs found in your blood in tests conducted by Dr. Alexander Blair Smith from NIOSH, Cincinnati, Ohio. Are the PCB levels of three- -29- &04446 1 2 3 4 5 6A 7Q 8 9 10 11 12 13 A 14 15 16 17 thousand four hundred and fifty, which were reported to you in 1981 based on the 1977 study, the information which supports Dr. Smith's statement that you had the highest PCB blood level of anyone he ever tested? Yes. Mr. Sluder, based on your experience in working with Inerteen or pCBs at the Bloomington Westinghouse capacitor manufacturing plant and based on the information in Exhibits A through I, how would you characterise the conduct of Monsanto and Westinghouse? I think what they have done to me is malicious. It most certainly, in my opinion, must be criminal. It's, it's just inhuman. It's unimaginable that a corporation or corporations could do this to a human being. RICHARD K . SLUDER 20 21 J m r o q p p y t o =n 30904447 W OTM'nM HM W W a M n n M T T 7 -ca aes stendi waaoow q nw vaaoow s i:ss ss-os-1 a STATE OF INDIANA SSJ COUNTY OF MONROE Suscribed and sworn to before me, a Notary Public il in and for said County and State, this / / day of August, 1992. My Commission Expires: // / 7 ? *f K -31-, SUPPLEMENT TO STATEMENT OF RICHARD K. SLUDER AUGUST 11,1992 0 *d 0CS 9S 3X8=ai 904449 v a a o o w ciNv v a a o o w 3 1 : 3 3 E B - 0 3 - 1 0 In addition to the health symptoms which I described in my statement from exposure to Inerteen, I also experienced bleeding from the blisters on my feet and bleeding between my fingers where my skin would get raw. Also, fires in the Inerteen-soaked sawdust were caused by hot slag from welding operations performed by maintenance personnel. When I went to work at Westinghouse in 1972 I was 20 years old and in perfect health. Today, at 40 years of age, I have many health problems. In all the years I worked at Westinghouse not one word was ever mentioned by Westinghouse about the risks of health problems caused by PCBs. In the Spring o f 1991 I received a notice from the Indiana State Board of Health hat I should be monitored for malignant melanoma because of the high number of deaths of workers in the plant who died from malignant melanoma. Westinghouse opposed the issuance of the warning from the Indiana State Board of Health. $ r J iA s J } { ' ld L ? Richard K. Sludr STATE OF INDIANA SS: COUNTY OF MONROE Subscribed and sworn to before me, a Notary Public in and for said County and State, this ^J L & day of August, 1992. My Commission Expires: October 11,1994 IE `d 0CS BEE SIB=QI waaoow q n v vaaoow e i \ z z . e b -o e - io