Document 3JzvZeN0NkY4KoXVR0GKJz5M0

FILE NAME: ALCOA (ALC) DATE: 1998 Apr 1 DOC#: ALC029 DOCUMENT DESCRIPTION: Legal-Deposition of Thomas Bonney with BC Notes /T y^ y-z* / / /9 A A ' /V Z/Y 7.2-0, 26^ / w /9 /7 .> / Z - z e ^ a t ^ c - y ' z ^ i. ^ - L .'V - z ^ -fL-s^e^ 'I y .'L ^ , , V ^ Z / Y - '/ ~ /o / ?>y W? 2 - 3 P z^s Oji** Q b tc & * ~ S \J U 4 s * .S J A o/zyJiyi c^& L & A /K A zA ^ f'Z S '-. ^ y y -^ s n ) ? z^A . A /^ J-p ^ y ^ jy / u & A & y ? p t'i* z ^>~- ^A (b ^ A ^A yA , ?-- y* ?/ -- ^'^zs-c 't / 7 - ' u-^r'zs'-'.s--- ~ y A r ^ ^ A ^yyA A y ^ /? y^s vs ~A AAc^ ^ u^'-lso a i^fyf 'z-sjA/'^ 'A //Aj^t^c A A A A/AA M f- - r ? 0 - ^ y ^ ^ jp ^ ~ ^ y p y ) C > } e r zM yA> yA yA b ybA^ AA. ' fc-n y?y ^ 'tA f A ? yAAA^AA A ^ A ^ y f , 'U'& 'O (A z ' A e z ) 9S A ) 7 8 -y $ Z 2 /z C c c ^ i '? n + t 4 4 .^ y '^ y z AA A y ^ i^ z y y bi i A y r& A y y y t s - i s < j i .A l ? & A y A y z ^ y x ^ c 4 y Tt'Uwso --w t ^ A yyyt> ^ > c A AAf y^ ^ A A A ^ ^ A A yA y h h io 7 f U * n p 'u A c ? # A > , /T tc A fA & te A f id ? Reporting Services CAUSE NO. 25093 LARRY C. WHATLEY, ET AL ALCOA POWER MARKETING. IN C , ET AL IN THE DISTRICT COURT OF MILAM COUNTY, TEXAS 20th JUDICIAL COURT CAUSE NO. 96-8-13107 GREGORIA RAMIREZ, ET AL IN THE DISTRICT COURT OF CALHOUN COUNTY, TEXAS 24TM JUDICIAL COURT Condensed Transcript o f the Continued Oral Deposition o f THOMAS BONNEY Pittsburgh, Pennsylvania IN THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT LARRY C. WHATLEY, Individually and ) as Personal Representative of the ) Heirs and Estate of GLENN WHATLEY, ) Deceased, et al., ) Plaintiffs, Cause No. 25093 ALCOA POWER MARKETING, et al.. Defendants. IN THE DISTRICT COURT OF CALHOUN COUNTY, 24TH JUDICIAL DISTRICT GREGORIA RAMIREZ, Individually and ) as Personal Representative of the ) 13 Heirs and Estate of JACINTO ) RAMIREZ, Deceased, ) ) Plaintiffs, ) ) Cause ) No. 96-8-13107 ) ALCOA ALUMINA & CHEMICALS, L.L.C., ) et al. Continued Deposition of THOMAS B. BONNEY Wednesday, April 1, 1998 Volume II The continued deposition of THOMAS B. BONNEY, called as a witness by the Plaintiffs, pursuant to notice and the Federal Rules of Civil Procedure pertaining to the taking of depositions, taken before me, the undersigned, Colleen O'Brien Adams, a Notary Public in and for the Commonwealth of Pennsylvania, at the offices of LeBoeuf, Lamb, Greene MacRae, 601 .Grant Street, Pittsburgh, Pennsylvania 15219, commencing at 9:00 o'clock a.m., the day and date 25 above set forth. 1 APPEARANCES: 2 On behalf of the Plaintiffs: 3 Law Offices of Andrew Waters: 4 C. Andrew Waters, Esquire 400 South Zang Boulevard, Suite 500 Dallas, Texas 75208 5 On behalf of the Defendant J.T. Thorpe: 6 Fairchild, Price, Thomas i Haley, L.L.P. 7 David J. Fisher, Esquire 413 Shelbywilie Street 8 P.O. Drawer 1719 Center, Texas 75935-1719 9 On behalf of the Defendant Alcoa: 10 LeBoeuf, Lamb, Greene t Carroll, L.L.P.: 11 Patrick Kingsley, Esquire 601 Grant Street 12 Pittsburgh, Pennsylvania 15219 13 and 14 Walker, Keeling Carroll, L.L.P.: Ronald B. Walker, Esquire 15 210 East Constitution P.O. Box 108 16 Victoria, Texas 77902-0108 17 ALSO PRESENT: 18 Warren Mullin, Videographer 19 Multi-Page TM Page 196 Page 198 1 THE VIDEOGRAPHER: It is 9:10. Let's go on 2 the record then, please. 3 THOMAS B. BONNEY 4 called as a witness by the plaintiffs, having been 5 previously duly sworn, as hereinafter certified, was 6 deposed and said further as follows: 7 EXAMINATION 8 BY MR. WATERS: 9 Q Okay. This is a continuation of the 10 deposition of Mr. Bonney. Mr. Bonney, sir, do you 11 understand that you are still under oath? 12 . A I certainly do. 13 Q Let's talk for a few moments, sir, about 14 your continuing involvement with this case on behalf 15 of Alcoa. Since we took the first or earlier portion 16 of your deposition on February 25, 1998, have you 17 continued to do some work or review some documents or 18 work with the Alcoa attorneys to prepare for your 19 testimony? 20 A Just a minimal amount, reading the 21 deposition, reading with th an , for a short time 22 meeting with them. 23 Q That would be the portion of the deposition 24 you gave back in February? 25 A Yes. Page 197 Page 199 1 Q Do you recall, sir, in your earlier 2 deposition, giving testimony about the extent of your 3 involvement in the case, the amount of time that you 4 had spent, and that sort of thing? 5 A Yes, I recall I stated that. 6 Q All right. In addition to what you had 7 previously testified about, am I correct that what we 8 did, we spent about eight hours or so working on the 9 case together in the deposition the other day in 10 February? 11 A Yes, I think it was something in that area. 12 Q And in addition to that, can you tell the 13 jury how much time you have spent reviewing any 14 documents or your deposition since February 28? 15 A Oh, perhaps three or four. 16 Q Okay. So would it be fair sosay then, 17 sir, that you spent approximately 12 additional hours 18 working on the case for Alcoa and charged them your 19 hourly rate for that additional time? 20 MR. w alker: 12, meaning the deposition 21 and - 22 MR. w aters: And four or so hours. 23 MR. WALKER: Okay, 24 ' A Yes. / 25 Q Would that be a fair statement? Page 196 - Page 199 Multi-Page TM Page 200 1":'. ' A Yes, 2 Q Let's see. I am trying to find that 3 reference. Do you recall -- let me just see if I can 4 look it up in the index. Bear with me one second. 5 Okay. Here we are. As of the time of your last 6 deposition, you indicated that you had worked about 7 12 hours at: that time: do you recall that? 8 A Okay. Yes, I think it was in that area. 9 Q So now we are up to somewhere in the range 10 of 24 hours, give or take? 11 A Plus or minus, yes. 12 Q So to date, your total bill to Alcoa, as we 13 commence your deposition today, would be somewhere in 14 the range of $3 ,000? 15 A Yes. I would say. 16 Q Do you anticipate, sir, coming to Texas to 17 testify on behalf of Alcoa in this case? IS A 1 really don't know what to expect in the 19 future. 20 Q Well, certainly, if Alcoa wished to so do, 21 you would be available to come to Texas and tell your 22 story to ajury in Texas? 23 A Yes, 1 would. 24 Q You don't have any health restrictions or 25 anything of that nature that would make it difficult Page 202 1 testifying previously under oath that you at Alcoa 2 were aware of a potential connection between asbestos 3 and cancer by the early 1950's? Do you recall that 4 testimony? 5 MR. WALKER: Excuse me. I object. If you 6 are going to ask him specific questions about his 7 deposition, you should refer to a line and page 8 so he can review it and answer properly. 9 MR. waters: I will do that. I am just 10 asking if he recalls it. If he doesn't recall 11 it, I will impeach him with it. 12 A No. I don't recall that in the 1950's. 13 Q Okay. 14 Let me show you, sir, page 63 of your sworn 15 deposition testimony given on February 28, and read 16 along with me, if you will. "In any event, sometime 17 in that time, let's say the mid 1950's, Alcoa would 18 have been aware of the existence of this report 19 concerning lung cancer and asbestos workers?" 20 Answer: "Yes, certainly we in the health 21 department and industrial hygiene would be." 22 Do you recall giving that testimony? 23 A Yes. And w hat does that refer to? Is this 24 the Dolt study? 25 MR. w aters: Objection to the - Page 201 1 for you to travel? 2 A No, i do not, 3 Q Do you recall, sir, that when we stopped 4 your deposition previously, we had worked our way 5 chronologically from the late '40's, when you started 6 at Alcoa, to approximately the late '60's? 7 A Okay. Yes. 8 Q Do you recall that? Okay. 9 And do you recall telling us that, for 10 example, you learned that asbestos was a hazardous 11 substance when you started at Alcoa in '48? 12 A Yes. Yes, we learned that it could cause 13 asbestosis. 14 Q And do you recall testifying that Alcoa, 15 the industrial hygiene folks learned that asbestos was 16 associated with the lung cancer risk in the early 17 1950's; do you recall that testimony? 18 A Well, I was aware that there was a citation 19 in the literature back in, let's say, early '60's or 20 the mid '60's, but whether or not that was something 21 that was tied closely to asbestos, I wasn't certain of 22 that at the time. 23 MR. WATERS: Let me object as 24 non-responsive. 25 Q My question is, sir, do you recall________________ Page 203 1 non-responsive portion. 2 BY MR. WATERS: 3 Q My question simply is, sir, is this a 4 correct statement of the testimony that you gave under 5 oath in February? 6 A Yes. W e were aw are of the existence of the 7 reports. 8 Q Okay. And by virtue of your awareness, 9 that there was this literature out there, you knew and 10 Alcoa knew in the 1950's, mid 1950's, that there was a 11 connection between cancer and asbestos; correct, sir? 12 A By this one investigator, yes. 13 Q In fact, I think you told us that the Doll 14 report was something you were certain was received 15 early on by Alcoa? 16 A I don't know whether we received the total 17 rep o rt, hut we w ere certainly aw are of it in the 18 ab stracts. 19 Q And you recall, sir, that it was published 20 in 1955? 21 A Yes. 1 know th at now. 22 Q Okay. Incidentally, are you aware, sir, 23 that you have been designated by Alcoa to testify on 24 its behalf as the person most knowledgeable concerning 25 Alcoa's developing knowledge and understanding about Page 200 - Page 203 Multi-Page1 1 the hazards of asbestos in the 1950's, 1960's and 2 1970's; are you aware of that fact? A No, I wasn't aware specifically of that, Page 204 Page 206 2 may have seen it a t the tim e, b u t I certainly didn't 3 aio.ciate : m ^ .with asbestos until the late 5 Q Let me ask, sir, if there is anyone else 6 who is presently living today of whom you are aware 7 who would have more knowledge than you do concerning 8 that subject matter; that is to say, would know what 9 Alcoa knew about the hazards of asbestos in the '50's, 10 W s and '70's? 11 A No, I would have the broadest purview of 13 Q Let's talk about -- is it Dr. Farrah or 14 Mr. Farrah? 15 a Mr,JFarruh. ... 16 Q Mr. Farrah. What did Mr. Farrah do with 17 Alcoa and how did you interface with him? 18 A M r. Farrah was the head of o a r industrial 19 hygiene laboratory. 20 Q That was located outside Pittsburgh? 21 A It was, yes. a t the tech center, which at 22 the time was the Alcoa research lab. 23 Q And did he come to Alcoa after you did? 24 A No, he came to Alcoa before 1 did. 25 Q So his knowledge --his personal knowledge 5 Q Certainly you recall that we looked at some 6 documents that carried us through 1967, I believe, 7 where it was discussed in some of the Alcoa internal 8 memoranda that there was this new, very distinctive, 9 recognized disease, fatal disease, called mesothelioma 10 associated with asbestos exposure? i i A Yes, in the 1960's. I agree lo that. 12 Q And you recall that we reviewed some 13 documentation that discussed, in the mid to late 14 1960's, the fact that even very small exposures of . 15 asbestos brought home on workers' clothes could cause 16 this fatal asbestos cancer? 17 A I am not sure th at the cause effect was is established for small exposures such as that. 19 MR. WALKER: I think he is ju st asking you 20 do you remember at the deposition looking at any 21 of those documents. If you do, yes, or if you 22 don't, no, 23 A Yes, 1 recall looking a t the documents, 24 yes. ' " ' ~ . :-Vv 25 MR. w aters: Let me object to the Page 205 1 may go back or probably does go back further than 2 yours? 3 A. VVith Alcoa. Tam not sure that would be 4 true with industrial hygiene. 5 Q Is he an industrial hygienist? <> A No, he is a chemist. 7 Q What about Mr. Belk? y - ... s . A Dr. Belk. 9 Q Dr. Belk, excuse me. -f 10 A Physician with Alcoa; ' 11 g Where? ....'"Tf;............ . ..' 12 A Medical director at headquarters. 13 Q And in what time frame was he the medical 14 director? ;. 15 A Boy, that gets fairly recent compared to 16 the times we are talking about her e. 17 Q Okay. As in the '60's and '70's or even 18 more recently than that? 19 A More recently than1that, ffe was preceded 20 by Miles Cowell and Dinnian and Dr. Belk. 21 Q In addition to the knowledge about cancer 22 generally that we talked about in the 1950's, in the 23 1960's, you became aware and Alcoa became aware of the 24 connection between asbestos and the disease, 25 mesothelioma? Page 207 1 non-responsive portion. 2 BY MR. WATERS: 3 Q What you can generally recall is that there 4 were references in the literature and in the Alcoa 5 materials to this disease, this asbestos cancer being 6 caused by household exposures; is that a fair 7 statement? s a i do recall thal there were such 9 allegations, yesi't c . to Q Let's take a look at what has been marked 11 as Alcoa 40. Does that appear to be your handwriting, 12 sir? 13 a No, th at doesn't look like m ine. 14 fThereupoh, Alcoa E xhibit No. :40 was m arked 15 for identification.) 16 Q Okay. Do you know whose it is, can you 17 tell from looking at it? i8 ; :PA j:: N o, I're a lly cari'tv> - 19 Q Do you recall that we previously looked at 20 some documents from the early 1960's that discussed 21 Alcoa's recognition that cutting and sawing of the 22 marinite product could be hazardous because of the 23 p b g stos content; do you recall that discussipn? 24. A 1 do recall th at. Yes. 25 q And, in fact, Alcoa was aware by '62, in Page 204 - Page 207 Multi-PageTM Page 208 1 Vernon, California and '64 in some other location, 2 that there was an asbestos risk or hazard associated 3 with cutting or sawing the marinite material? 4 A There was -- f am aware there was a hazard 5 associated with it, hut at the time, we were not 6 certain whether we should he concerned about the 7 asbestos o r the hinder that was in the m aterial. 8 MR. w aters: Let me object to the 9 non-responsive portion. to q Do you recall, sir, that in your internal 11 documents, there was an indication that it was 12 necessary to follow the TLV's for asbestos when 13 addressing potential risk from cutting the marinite 14 material? Do you recall that? 16 Q And sir, as an industrial hygienist 17 responsible for safety and health throughout the Alcoa 18 system, would you have anticipated that shortly after 19 that problem was identified in the early 1960's, steps 20 would have been taken to protect workers exposed to 21 marinite dust? 22 MR. w alker: I object to that as being 23 vague, as there were discussions of two different 24 problems in the previous question. 25 Q You can answer, sir. Page 210 1 Q If, in fact, sir, precautions were not 2 taken and marinite continued to be cut and sawed at 3 various Alcoa facilities without protective 4 mechanisms, that's a circumstance that you would be 5 critical of; is that a fair statement? (> A Not necessarily. I think one would have to 7 look at the specific operation, awing marinite at 8 one location may not be the same as another operation. :. 9 Q Okay. So from your perspective, if workers 10 are being exposed to marinite dust, let's say, in 11 1966, '67, '68, without any protection, without any 12 instruction on the hazards, that'sjust fine? 13 A Again, it would be dependent upon the 14 degree of the exposure, the magnitude of the exposure. 15 Q So in your opinion, 1964 to 1969, let's 16 say, workers can be exposed to asbestos dust without 17 concern unless the level is perceived as being 18 sufficiently high to trigger a concern? 19 A Yes. that's true of asbestos and anything. 20 There has to he a sufficient dose hefore we are 21 concerned. 22 Q Okay. In order to establish what that dose 23 is, you will agree with me that it's necessary to do 24 industrial hygiene monitoring; correct, sir? 25: % A -Monitoring, whatever that might consist of. ................................................................................Page 209 1 A Could you read that hack, just how he 2 stilted it? 3 (Record read.) 4 A Well, first, 1 will say I am not 5 responsible for safety but - 6 MR. WALKER: Go ahead. 7 A - but steps would have been taken and 8 steps were taken to protect the employees. 9 MR. WATERS: Okay. Let me object as 10 non-responsive. 11 Q My question, sir, is if you would have 12 anticipated, based on your position as an industrial 13 hygienist with the company, you would have anticipated 14 and expected that precautions would have been taken to 15 workers exposed to marinite dust commencing by at 16 least 1964 or '65? 17 MR..walker: Objection, asked and answered. 18 A Well, I would expect that appropriate steps 19 would be taken, yes. 20 Q Absolutely. And, in fact, am I correct, 21 sir, that it would have been the industrial 22 hygiene/safety policy of Alcoa to address the possible 23 hazards from marinite dust and take those precautions? 24 A Yes, we should take appropriate precautions 25 whatever they might he. Page 211 1 Q Okay. In terms of determining how much 2 dust is actually in the air? 3 A Measurement, or for certain hazards, you 4 can do it visually. 5 Q So, for example, if you are cutting and 6 sawing --if an individual is unfortunate enough to be 7 cutting and sawing marinite in, let's say 1965, 8 without any protection, and visible dust is resulting 9 from the operation, that's something that you as an 10 industrial hygienist would know and would have known 11 creates a potential hazard? 12 : A I don't know that he would he necessarily 13 unfortunate, and I don't necessarily think he would be 14 undertaking an unnecessary hazard based on the 15 magnitude of exposure and primarily the duration of 1<> the exposures, which were relatively short. 17 Q And tell me, sir --let me object to the 18 non-responsive portion. 19 Tell me, sir, if there is visible dust 20 resulting from marinite operations, what does that 21 tell you, if anything, about the levels of exposure 22 that are ongoing at that time? 23 A It would just Ik*a rough indication of 24 concentration. 25 Q And would it indicate to you a potential Page 208 - Page 211 Multi-Page TM Page 212 1 hazard or the possibility of a hazard?................. 2 A W hen you look at, specifically, at m arinite 3 and the m anner in which we used it at th a t time, I 4 thought no, it did not constitute a hazard. 5 MR. w aters: Objection, non-responsive. 6 Q My specific question, let's take this year 7 by year. 1965, you observe an operation where 8 gentlemen are cutting and sawing marinite, let's say, 9 for four hours. And you observe that there is visible 10 dust resulting from that operation, no respiratory 11 protection, no or inadequate ventilation and the 12 workers are breathing the dust. Is that a matter of 13 concern for Tom Bonney, an industrial hygienist, for 14 Alcoa in 1965? 15 \ If I saw any unventilated saw, regardless 16 of what they were cutting, it would be a m atter of 17 concern to m e. 18 Q If you saw the same operation but there was 19 ventilation and there was no visible dust apparent, 20 would Tom Bonney be concerned about that in 1965?; 21 A In 1965, no. 22 Q Okay. So in 1965, there is a distinction 23 in your mind between the level of potential hazard 24 based on whether you can see dust resulting from the 25 operation or not; is that a fair statement? Page 214 I concern on your part? 2 ' a Yes, it would. 3 Q Those conditions would be in your mind 4 either unsafe or potentially hazardous; fair enough? 5 A Fair enough. 6 Q And you would anticipate that after 1965, 7 workers at various Alcoa facilities would have been 8 and should have been instructed to take precautions 9 and avoid exposures to visible asbestos dust in the 10 work place? II A Yes. I think we are on record :for that. 12 Q Okay. Okay. Let me show you, sir, what 13 has been marked as Alcoa 40 which is a four-page 14 series of handwritten notes indicated to be 8-17-1984, 15 and if you will look with me, it appears to discuss 16 marinite. Do you see that there? 17 A' Yes. ' . i ' is Q "We are still using it, asbestos marinite. 19 Without it, we shut Warick down." Do you see that? 21 Q Do you recall, sir --let me first 22 represent to you that this is an Alcoa document that 23 came from their corporate files, but do you recall, 24 sir, that as late as 1984, Alcoa was still utilizing 25 the marinite product that had to be cut and sawed and Page 213 1 A '65 or perhaps a little bit later, yes. As 2 we became aware of more concern, that more attention 3 should be paid to asbestos exposures, we would be more 4 critical at that time. 5 Q In 1966, if you were to see asbestos 6 operations that were creating visible dust to which 7 workers were being exposed without protection, is that 8 a matter of concern for you as an industrial hygienist 9 for Alcoa? 10I A 1think you are cutting the line a little nil hit too thin to say that something changed from 1965 12! to '66, This was a situation that evolved over many 13: years, and when we were aware exactly of what, I just 14can't comment. 15 Q Fair enough, Mr. Bonney. I think you have 16 told us, at least as of 1965, after this whole 17 marinite experience in the 1950's, at least by 1965, 18 if you observed a worker breathing visible dust 19 without protection, that's something that would be and 20 could be a cause of concern; fair enough? 21 A;i| ;Y(ili::iiSii;;;i 22 Q So you will agree with me that at any point 23 in time after 1965, if you were to again observe 24 workers breathing visible dust from asbestos 25 operations, that would create an increased level of "IsL. 1 that it contained asbestos? Page 215 2 A: Yes, I was aw are of that. 3 Q Okay. Let's show you the notes on page 3. 4 It says, "Meeting with Mr. Rumberger regarding Point 5 Comfort asbestos case." Do you see that? 6 . a Yes. 7 Q It indicates 1969 Dr. Barber at Point 8 Comfort. Did you know Dr. Barber? 9... a Yes, 1 did. 10 Q "Concerned about use of marinite in 11 plants." Do you see that? 12 .. a Yes. 13 Q Now that would be consistent with your 14 concern that you expressed at least as of 1965, that 15 marinite -- care needed to be taken with marinite 16 because of potential for hazardous exposure? i7':| l A Yes. I M M ! 18 Q Read with me here, "Up until 1969, no 19 safety programs established for use of marinite or 20 other asbestos materials." Do you see that? 21 MR. WALKER: For the record, I am just 22 going to object to the question on this document, 23 because it hasn't been properly identified. 24 25 Q Okay. And, sir, would you agree with me Page 212 - Page 215 M ulti-PageTM Page 216 1 that if marinite and other asbestos materials were 2 being used without any safety program, in as late as 3 1969, that would violate the policy and the concerns 4 that you had as early as 1965? 5 A 1 don't know that I ag ree w ith th at 6 statement in that letter. 7 MR. w a t e r s: Okay. Well, let me object as 8 non-responsive. 9 Q Whether or not you agree with the statement to in the letter, sir, you will agree with me that if the 11 statement is correct, as indicated in this Alcoa 12 document, that that would indicate a violation of 13 company practices and policies that should have been 14 in place by 1965, because of your concern with is exposure to visible dust? 16 A If no precautions w ere taken, w e w ould say , 17 yes, th a t w a s in conflict w ith o u r position, ... 18 Q Okay. So at least with respect to the Port 19 Lavaca facility, Point Comfort, where D r. Barber was 20 employed; correct? 22 Q You would agree with me that on the local 23 level, at the plant, it appears from this document 24 that Alcoa personnel were not following policy 25 concerning exposure to this material? Page 218 1 collection systems on or around the saws in order to 2 reduce the visible dust in the air? 3 A I certainly would have expected it, but not 4 that I would require. That is not for us to do. 5 Q Okay. But you would have expected that out 6 of caution for safety concerns, industrial hygiene 7 concerns, dust collection systems would have been 8 placed in appropriate position by 1964, 1965? 9 A C ertainly after *65, ventilation system s, 10 yes, b u t a t the least, personal protection. 11 Q And it appears at least from this document, 12 that there were no such procedures and no safety 13 procedures at all for cutting marinite until 1969 at 14 that facility; correct, sir? 15 Is that what the document indicates? 16 A I can only read what the docum ent says. 17 Q And that is what it says; isn't that 18 correct, sir? 19 A T h a t's what it sa vs. 20 Q It says, sir, that "In 1972, finally, at 21 the marinite shop, dust collection system added to the 22 saw ." Do you see that? 23 A O kav. Yes. 24 Q All right. So at least as far as Point 25 Comfort is concerned, it took Alcoa seven full years Page 217 1 MR. WALKER: If there is sufficient 2 information in that document for you to draw that 3 conclusion. 4 A I don't know, I am not aware of this 5 document. 6 Q This was not one --I beg your pardon, this 7 was not one of the documents that you were asked to 8 review by the Alcoa attorneys? 9 A If it was, I don't recall it. 10 Q Okay. All right. In any event, you will 11 agree with me that Dr. Barber located on site at Point 12 Comfort is in a vastly better position than you are up 13 in Pittsburgh to determine whether or not safety 14 procedures and policies were being followed in this 15 time frame at Point Comfort? 16 A Yes, he would be --he would know what's 17 going on a t Point Comfort; maybe not as much as those 18 in industrial hygiene, but he made himself aware of 19 what wits going on in the plant. 20 Q Okay. And as of 1965, you would have 21 expected that collection systems would have been put 22 on the saws that execute the --strike that. 23 As of 1965, once you had identified the 24 potential hazard, you would have expected and required 25 that the Alcoa facilities cutting marinite have dust Page 219 1 to add this fundamental safety feature that you 2 believe was required by 1965? 3 A Again - 4 MR. WALKER: 1am going to object to the 5 question concerning this man, because he doesn't 6 know if certain systems were already in place 7 there or what the circumstances of it were. 8 Assumes facts not in evidence. 9 A In detail, I did not know what was 10 happening at the -- 11 MR. WATERS: Obection, non-responsive. Can 12 you read the question back? 13 (Record read.) 14 BY MR. WATERS: 15 Q Isn't that correct, sir, based on this 16 document? 17 A Based on that document, yes. How factual 18 that is, 1just don't know. 19 Q You are not aware of any facts that would 20 contradict the statement in this document that 21 indicated it wasn't until 1972 when they did that, are 22 you? Any personal information to the contrary? 23 A 1 am. not aware of facts one way o r the 24 other, but I do know that the industrial hygiene 25 committee had marinite sawing on their agenda. .W hat Page 216 - Page 219 Multi-PageTM Page 220 1 they did about it,.specifically, I can' t, answer. 2 Q And when you say they had it on their 3 agenda, what you mean to tell this jury is that they 4 would have been aware, and you would have made them 5 aware by your 1964 memos, that marinite was something 6 that needed to be treated with caution, and safety 7 procedures needed to be established for addressing 8 this cutting or sawing of marinite? 9 A That is correct. 10 Q And if, in fact, the evidence bears out 11 that dust collection systems were not established 12 until 1972 and no safety procedures at all were taken 13 until 1969, that would indicate that on the local 14 level the Alcoa personnel responsible for these safety15 issues were just not doing their job? 16 A Again, 1 a in 't comment not knowing that, 17 hut based on the statements in there, yes, it would 18 appear th a t19 Q And in so doing, the folks at the local" 20 level, would have been knowledgeable of the potential 21 hazard because you would have told them as early as 22 1964 in your memos concerning marinite? 23 A Yes, that's true. 24 Q Okay. Let's look at the document further. 25 It says, "Safety standards at Point Comfort 1978; Page 222 1 material. 2 Cj Written procedures? 3 A Not written procedures, but any dutSt needs 4 to be --dust exposure needs to be controlled, 5 marinite or otherwise. 6 Q You will agree with me that certainly it 7 would be better -- with a hazardous substance that can 8 cause cancer, it would be better to have written 9 guidelines or procedures so that the folks in the 10 local level know exactly what they are supposed to do 11 with that material; wouldn't you agree with that? 12 A In today's light, yes,.I would, but at that 13 time, no, 1am not sure that f would. 14 Q Any reason Alcoa workers in the 1960's 15 aren't entitled to the same treatment from their 16 employer as they are in the 1990's? 17:. . A They deserve the same consideration, but IS there was just not the perceived need to get into the 20 MR. WATERS: Okay. Let me object to the 21 non-responsive portion. 22 Q Let me show you here in the document where 23 it indicates heavy exposures at Point Comfort, and 24 then it lists a number of potential persons who may 25 have been exposed or departments. Do you see where it .. Page 221 1 earliest standard we could find says where you must 2 wear respirators and paper clothing. * Do you see 3 that? ~ H* 5 Q So from 1964 until 1978, at least at Point 6 Comfort, on the local level, no one had established or 7 prepared a safety standard for asbestos at least-' 8 according to this document? . 9 MR. WALKER: I object on the best evidence;;. ;; 10 rule. The document speaks for itself, I mean, if 11 you question him about what that document says, 12 it says what it says. .'-iC;. 13 A !f it sa w no standards were esiablisrid, 14 it could be factual, but early on. there was no need 15 to establish a standard for even particular l<> contaminant in the plant. 17 Q Okay. , ; . i * 18 A Again, you got to look at time frame. 19 Q Certainly there was nothing that stopped 20 Alcoa from establishing a safety standard for cutting 21 and sawing asbestos materials and particularly 22 marinite by 1964 or 1965, you would agree With that, 23 wouldn't you? 24 V There was nothing to stop us, hut why would 25: we do it? We had procedures for cutting any mineral Page 223 1 says, "pot lining" under "heavy exposures"? Do you 2 see that? 3-- 1 4 Q As well as carpenters, masons and 5 millwrights? 6 itfesI? : I P I f f I liff | ff f 7 Q All four of those job categories are 8 indicated as having heavy exposures, at least at Point 9 Comfort,. due to their w o rk wilh or around asbestos. 10 A That was that person's opinion. A re they 11 talking about asbestos there? 12 Q Well, the whole document talks about 13 asbestos, Mr. Bonney, but in any event, would you 14 agree with me, sir, that in addition to the persons 15 who were cutting and sawing the marinite, that these 16 other occupations, their exposures would have been in 17 some other context since not all these people are 18 cutting marinite; masons, millwrights, carpenters and 19 pot liners? 20 MR. w alker: I am going to object to the 21 form o f the question because it assumes facts not 22 in evidence. We don't know the basis o f the 23 conclusion drawn by the author of it nor whether 24 ...specifically it's addressing asbestos, 25 A I find it difficult lo draw conclusions Page 220 - Page 223 Multi-Page TM Page 224 1 from this abbreviated document. 2 Q Let me ............... ...... ..................... 3 A I don't know the background. 4 Q Let me ask if you disagree with the 5 document in any regard. Do you disagree that heavy 6 exposures could result from workers in the pot lining 7 department, heavy exposures to asbestos, agree or 8 disagree? A 1 think, generally, 1 would disagree, at to least from my recollection now. 11 Q Would you agree or disagree, sir, with this 12 document which states that carpenters at Point Comfort 13 had heavy asbestos exposure? 14 MR. w alker: Excuse me, are we talking 15 about any specific time frame? 16 MR. WATERS: No. 17 MR. WALKER: Okay. 18 . A I wouldn't know. I don't know w hat 19 responsibilities the carpenters w ould have dealing 20 with som ething such as asbestos. 21 Q Let's do it this way: How about you can 22 either agree, disagree or say you don't have an 23 ppinipn; is that fair enough? 24 .. A All rig h t, ' 25 Q Let's start over. Page 226 I 1964, do you see that? 2 - A Yes. -M$\ 3 Q Do you recall, sir, that that was the 4 Selikoff study that identified asbestos workers, 5 people working with as -- with and around asbestos 6 products as being -- as having a very high cancer risk 7 and particularly a significant risk of developing 8 mesothelioma? 9 V;;;Yes, 1 believe that was the report. 10 Q All right. Let's look at Alcoa 41. Now II that is in your handwriting, is it not?............ ' .................. 12 A Yes, it is. 13 (Thereupon, Alcoa Exhibit No. 41 was m arked 14 for identification.) 15 Q Oh, very good, and what this is indicated 16 to be is historical background on asbestos by T. 17 Bonney? is A Right. 19 Q It says down here "Collected per Alcoa's 20 defense in third party suits and workers' compensation 21 cases." Do you see that at the bottom? 22 A Yes. 23 Q Let's se.e if we can find a date on this. 24 Okay. It looks like copy to Dale Huddleston 12-15-87; 25 do you see that? Page 225 1 MR. WALKER: I object that he be allowed to 2 fully answer any question that you propound to 3 him. 4 MR. WATERS: That's fine. 5 Q With respect to the statement, sir, that 6 people in the pot lining department had heavy 7 exposures to asbestos at Point Comfort, do you agree, 8 disagree or have no opinion concerning that statement? 9 A From what I recollect, 1 would disagree. 10 Q All right, sir. With respect to the 11 statement that carpenters in the maintenance 12 department would have had heavy exposures to asbestos 13 at Point Comfort, do you agree, disagree or have no 14 opinion?.................................................................................. 15 A For the carpenters, masons and millwrights 16 I would have no opinion not knowing what jobs they are 17 talking about. 18 Q And you would defer, I take it, sir, to 19 people at the local level who would be more clear on 20 the nature of these individuals' work with respect to 21 the type of exposures or the extent of exposures that 22 they would have had? 23 A Yes, I would. 24 Q All right. Let me show you, on the last 25 page, there is a reference to the Selikoff report Page 227 l. A Yes. , 2 Q And this was a document that you prepared 3 as a result of Alcoa's involvement in the litigation 4 involving its workers being exposed to asbestos; 5 correct, sir? ... .... ________ 6 A Yes. 7 Q And, in fact, at the time you prepared this 8 document, you knew that it was --you did so in order 9 to assist in defending Alcoa in that case? 10 MR. WALKER: Excuse me, I am sorry, in what 11 case are we talking about? I missed the 12 question. 13 MR. w aters: In third party suits, whatever 14 case it may have been called. 15 Q You were aware, were you not, sir, at the 16 time you prepared this document, that the purpose was 17 to assist injjgfending Alcoa from asbestos cases? 18 A Yes, it was to assist me. 19 Q To do that in order to be able to help 20 them?........................................................................................ 21 A To n call the events. 22 Q Okay. So in much the same manner as in 23 1998, you are here to assist Alcoa in defending 24 against an asbestos case back in '87, or thereabouts, 25 while you were still employed with - were you still Page 224 - Page 227 Multi-Page TM Page 228 1 employed with Alcoa in *87? 2 A No. At this time, no. This is December, I : 3 retired in February, 4 Q I beg your pardon. So this document 5 reflects, shortly after your retirement, the fact that 6 you assisted Alcoa in preparing and providing a 7 defense to asbestos cases; is that a fair statement? s A Did you say multiple eases? 9......q No......................... . . . . . . . . . . . . 10 A No, th a t's right, 1 assisted them . n MR. WALKER: Andy, I want to take a break 12 for a second. 13 MR. w aters: What kind of break? 14 MR. WALKER: I have been drinking coffee. 15 I need to talk to my co-counsel about something. 16 th e videographer: We are going to go off 17 the record at 10:00 o'clock. 18 MR. WATERS: All right. 19 (Recess taken.) 20 (Record read.) 21 th e videographer: Are you ready to go on 22 the record? I have 10:39. We were off the 23 record for 39 minutes. 24 BY MR. WATERS: 25 Q All right, sir. Mr. Bonney, do you recall Page 230 1 left Alcoa, you have been involved with the - with 2 assisting them in the defense of asbestos cases, 3 including whatever case this involved, all the way to 4 the present time in the cases we are talking about 5 here today? 6 MR. w alker: I am going to object to the 7 form of the question. It asks a legal conclusion 8 concerning defense of cases. The memo here might 9 refer to just assisting in gathering knowledge 10 concerning --about asbestos involving lawsuits 11 in general but not particularly lawsuits against 12 Alcoa, so it calls for a legal conclusion, and 13 I am going to object on that grounds. 14 Q You can answer the question, sir. 15 Do you need itread back? !<-. A Yes. 17 Q No problem, it was a lengthy objection. 18 (Record read.) 19 A I assisted them in a single case b ack in 20 '87 and this one. That was the extent of it. 21 Q And the assistance that you provided back 22 in '87, sir, that would have -- you also would have 23 been compensated for that help that you gave to them? 24 A I believe i was, yes. 25 Q And you understood at that time, as you Page 229 Page 231 1 the document, Alcoa 41, that we were discussing before 1 understand at the present, that your purpose is to 2 we took a break? 2 assist Alcoa in defending against these cases to 3 A Yes. 3 assist Alcoa's position? 4 Q And counsel for Alcoa suggested we take a 4 A Assist Alcoa's position. W hatever that 5 break after I asked you if this was a document that 5 might he. 6 you helped prepare to help them defend against 6 q We talked some about the t l v . D o you 7 asbestos cases; do you recall that? 7 recall that? '. 8 .: ' A Yes. 8 A Yes. 9 Q In the course of the break, sir, did you 9 Q Let me show you on page 3 of this document, 10 discuss with the - did you have any discussions with to you indicate "Asbestosis recognized, early limits set 11 the Alcoa lawyers? 11 in 1938." Do you see that? 12 A No. v 12 ' A Yes. ' 13 Q None, whatsoever? 13 Q That would refer to the fact that the 14 A Just the fact that there were no messages. 14 threshold limit values as early as 1938 indicated that 15 Q No messages? 15 asbestos exposures at certain levels could be 1 6 || A Forme. 17 Q So in the 30 minutes that the Alcoa lawyers 16 hazardous or toxic or cause disease? a 17. a Yes. 18 felt it necessary to take a break, you did not discuss 18 QAnd you first became aware of that fact -- 19 the substance of yourtestimony, at all? 19 those facts when you arrived at Alcoa in - about a 20 A T hat's right. 20 decade later in 1948; fair enough? 21 Q Did you discuss this document, Alcoa 41, 2i: a Yes. 22 with the Alcoa attorneys during that time frame? 22 Q But certainly you anticipated -- you would 23 A No. 23 anticipate and expect that, given Alcoa's size and 24 Q Would you agree with me, sir, that at least .24 sophistication, that they would have been aware that 25 since December 15, 1987, subsequent to the time you 25 there was a threshold limit value due to the hazard of Page 228 - Page 231 Multi-Page TM Page 232 1 asbestos sometime in the 1938 -- late 1930's time 2 frame? 3 A Not necessarily. 4 q You believe it's possible that Alcoa was 5 not aware of that information for some period of time 6 after the limits were set out in 1938? 7 A Yes. 8 Q Okay. But certainly, by the time you 9 arrived in 1948, they were very aware of the existence to of the threshold limit values and the fact that they 11 pertained to asbestos? 12 A Yes. 13 Q You would consider, sir, asbestosis to be a 14 serious lung disease? 15 A Yes. 16 Q And, again, the existence of that disease, 17 the knowledge concerning that disease, at least based 18 on your personal experience would go back to the 19 1940j ? 20 A Yes, it w ould. 21 Q You are aware, are you not, sir, that 22 asbestos was used for a number of different purposes 23 and in a number of different areas at the Rockdale 24 facility as well as the Point Comfort facility? 25 A Yes, 1 was. Page 234 1 Q That preform - it says perform, but I 2 assume that means preform thermal insulation products 3 including pipe covering and blocks containing up to 4 15 percent asbestos were used from '26 -- 1926 to 5 1949, 85 percent magnesia, that also calcium silicate 6 was used from 1949 to 1971. Do you see that? 7;#f A-:; esm :11l l i l l i l ... - 8 Q And it indicates that the calcium silicate 9 product was 6 to 8 percent asbestos. Do you see that? 10 A Yes.' ' 11 Q You know that's not the case, don't you, 12 sir? 13 Are you not aware, sir, from the other 14 documentation and your involvement with this case that 15 the calcium silicate forms of pipe covering and blocks 16 contained several -- somewhere in the neighborhood of 17 10 to 15 percent asbestos? is A No. I don't know w hat the percentage m ight 19 be. 20 Q We will, take a look at that in some other 21 documents. It indicates a number of different 22 asbestos textiles used by Alcoa including cloth, 23 blankets, felt, blue strips -- blue stripe, red stripe 24 green stripe sheets, cord, rope, yarn, tubing, tape, 25 strip, curtains. Do you recognize all of these as Page 233 1 Q Let me show you what has been marked as 2 Alcoa 43, the Rockdale Operations Abatement 3 Supervisors' Asbestos Handbook. Okay. Have you seen 4 this document before? Was this shown to you by the 5 Alcoa attorneys? 6 A I have seen it before. 1am not Mire where 7 ;i SiWV it. s (Thereupon, Alcoa Exhibit No. 43 was marked 9 for identification.) 10 Q Okay. Fair enough. Let me show you, and 11 for the record, at page 004241, section 6, a list of 12 the typical asbestos containing materials that were 13 used at Rockdale and at other facilities. Do you see 14 that? 15 I just want you to take a few seconds to -- 16 it appears to be, one, two --two pages in length, if 17 you will just take a moment to familiarize yourself 18 with it. Okay? 19 A Okay. 20 QLet's just look at some of this. It 21 indicates, does it not, sir, that several types of 22 surfacing material containing up to 95 percent 23 asbestos were used from the '30's to 1970. Do you see 24 that? 25 A Yes. Page 235 1 products, sir, that contained asbestos? 2 MR. WALKER: I object to the form o f the 3 question. It assumes facts not in evidence, that 4 they were used by Alcoa Rockdale or Alcoa Point 5 Comfort or extended their usage. 6 Q Do you recognize, sir, that these are all 7 products that contained asbestos? 8 A I recognize some of them. Some of them are 9 completely foreign to me. . 10 Q Certainly you agree with me that preformed 11 thermal insulation products, including pipes and block 12 covering, were extensively used by Alcoa as insulation 13 materials at their various facilities? 14 A I am aware of some uses of it, hut no, not 15 a comprehensive understanding of it, say, at Rockdale 16 or Point Comfort. 17 Q The document goes on to list, and I won't 18 go through all of these, but about ten or so cement 19 type products. Do you see that? 20 A Yes. 21 Q Ranging as high as 50 percent asbestos? 22 A Yes. 23 Q It indicates asbestospaper products, 24 asbestos roofing felt, asbestos containing compounds, 25 asbestos ebony products, asbestos floor tiles, Page 232 - Page 235 Multi-PageTM Page 236 1 asbestos wall covering and asbestos paints and 2 coatines. Do you see all of those? 3| A Yes. 4 Q Let me show you a document, Alcoa 45, bear 5 with me one second, with a long listing of material, 6 sheet materials used by Alcoa. Do you see under there 7 is asbestos? 8 MR. WALKER: I am going to object, Alcoa 45 9 has not been properly identified. 10 MR. WATERS: What do you want, a reference 11 number or something? 12 MR. walker: You know, I just don't know -- 13 MR. WATERS: This is the way you gave us 14 the document. I can't help that. 15 MR. WALKER: Okay. But, again, we gave it 16 to you. Whether it's admissible or not is 17 another question and 18 MR. WATERS: And that's a good point. That 19 reminds me of another motion to compel 20 deposition, re: Custodian of records. Thank 21 you. Okay. Your objection is noted. 22 Q Let me represent to you, sir, that this is 23 a document that was provided by Alcoa in the course of 24 discovery, apparently from the Massena facility. Are 25 you familiar with the Massena, New York Alcoa Page 238 1 Q Okay. Fair enough. And here is a part of 2 the document dated July 29, 1952, this is the material 3 sheet for asbestos, is it not, that is referenced in 4 that index? 5 A Yes. 6 Q And it indicates "department in which used, 7 produced or handled, various departments throughout 8 the plant." Do you see that? 9 A Yes. ?$m : 10 Q And would that, sir, be consistent with 11 your recollection, not just with regard to M assena but 12 to Alcoa plants generally, that various departments 13 throughout the plants would have been involved with 14 the use or handling of asbestos materials? 15 A Yes. It's ubiquitous m aterial. 16 Q It says, "Operational uses and insulation 17 material mixed with water and used as a packing 18 cement." Do you see that? 19' A Yes. 20 Q "Transportation and handling, received as a 21 dry fiber in cartons." Do you see that? 22 A Yes. 23 MR. w alker: I am going to object, best 24 evidence rule, the document speaks for itself. 25 Q So at least as early as July 1952, Alcoa Page 237 1 facility? 2: A Yes, I um. 3 Q Indicates an index of material sheets that 4 asbestos is included. Do you see that? si A Yes. 6! (Thereupon, Alcoa Exhibit No. 45 was marked 7: for identification.) 8 Q All right. And at the end of the list of 9 material sheets it indicates that the document is 10 dated May 1955. Do you see that? 111 A Yes. 12 Q So as of 1955, Alcoa had indicated that 13 asbestos was one of the materials that they used for 14 which they had a material sheet. Do you see that? 15! A All right. Yes. I guess they did have 16 material sheets in Massena. 17 Q Okay. Were you not aware of that 18 previously, one way or the other? 19 A Well. 1didn't know whether it was a 20; material sheet. 1 know this is a standard procedure, 21 when they inaugurate an industrial hygiene program, to 22 list every material that is used in the plant. 23 Q Okay......................................................... 24 A And apparently they had a material sheet 25 for at least for most of them. Page 239 1 had recognized that it received dry asbestos fiber in 2 cartons which would then be mixed with water and used 3asapackingcem ent;w ouldyouagreew iththat,sir? 4. A For certain plants, yes. 5 Q And you will agree with me, sir, that 6 generally, from your personal observations and 7 experience, that taking a dry powder and mixing it 8 with water will generally produce some dusty process, 9 some visible dust in the air? 10 MR. WALKER: I object to the form of the 11 question. It calls for a conclusion. 12 A It can, depending how they handle it. 13 Q Are you aware of any way to mix a cement or 14 dry powder and keep dust from being created, from an 15 industrial hygiene standpoint? 16 MR. WALKER: Again, I am going to object to 17 the question. He may not have personal -- he may 18 or may not have personal knowledge. It's beyond 19 the scope of what he is being presented to 20 testify. 21 MR. WATERS: I am just asking if he does 22 have any awareness. 23 A Often times, this is done in a ventilated 24 area where there is equipment to remove the dust. 25 Q So if you had a ventilation system in Page 236 - Page 239 Multi-Page TM Page 240 1 place, at least some of the dust that would be created 2 from mixing dry powder with water would be sucked up 3 and removed in that fashion; correct, sir, if that was 4 available?........... ' \ Yes. 6 Q Absent some form of ventilation designed to 7 suck away the dust, are you aware of any other way to 8 mix dry fiber --dry asbestos fiber and water and 9 avoid creating dust? 10 MR. WALKER: Same objection. This is 11 beyond the scope for what he is being presented 12 to testify, so I object on that ground. Calls 13 for speculation. 14 A I don't know. Again, it depends on 15 quantifies, as well as the method of.handling. 16 Q Now, in this document, there is an 17 indication which says, "Hazardous reaction products," 18 and then someone typed in the word "none." Do you see 19 that? 20 A Yes. 21 Q And then it was crossed out. Do you see 22 that .subsequently? 23 A Yes. 24 Q And then under that, it says, "Explanation 25 of hazard," and someone typed in "None as used." Do Page 242 1 an issue, it's your opinion as we sit here today. Can 2 we have that continued understanding? 3 MR. w alker: But it can be based upon - 4 Q Your attorneys can ask you what your 5 opinion was in 1952. That's fine. My question, 6 unless I otherwise specify, is addressed to Thomas 7 Bonney as he sits here today; all right? Can we have 8 that understanding? ........ 9| A Well, I can understand that. 10 Q We can work with that. 11 MR. w aters: Would you please read the 12 question back to the witness one more time? 13 (Record read.) 14 MR. w alker: Just so I will understand, the 15 agreement you are attempting to reach with Mr. 16 Bonney is, any questions that you ask are going 17 to be based on his state of knowledge in 1998 18 unless otherwise specified? 19 MR. WATERS: When I ask somebody a question 20 about what their opinion is, unless I say 21 something else, it's as we sit here, as he is 22 under oath. I think that goes without saying, 23 but I hope we have that clarified now. 24 MR. WALKER: His opinion is obviously going 25 to be what it is today. Page 241 l you see that? 1 Yes, 2 Q And then that was crossed out, as well; 3 correct?............................................................................. 4 A Yes. 5 MR. w alker: Same objection, best evidence 6 rule, document speaks for itself. 7 MR. w aters: tw ill be happy to give you a 8 running objection. 9 MR. WALKER: Okay. 10 Q You would agree with me, sir, that in fact 11 12 there is a potential for a hazard if someone is mixing 12 13 dry asbestos fiber with water that is created --that 13 14 is creating clouds of dust? 14 is A In 1998, yes, but then no. I would agree 15 16 with their explanation of hazard there. In '48. 16 17 MR. w aters: Let me object to the 17 18 non-responsive and ask her to read the specific 18 19 question back. 19 20 Record read.) 20 21 A I think you will have to help me here, and 21 22 do you wish me to respond as I would in this year or 22 23 as I would have in the previous year, in '48 or '52, 23 24 when this was? There is a difference. 24 25 Q Mr. Bonney, when I ask you your opinion on 25 Page 243 MR. w a t e r s: Well, then we don't have a problem, because I told you that's what I am looking for unless I otherwise state. MR. w alker: Okay. But what I want to make clear is, on the status of knowledge, general knowledge, are you asking that be 1998? MR. w aters: You have lost me. I have asked a very, very specific question. MR. WALKER: Okay. I understand you have asked a question, but I am getting back to the agreement. You can ask him is asbestos known to be hazardous by a certain standard and his opinion today is going to -- or his answer to that may vary or are you talking about 1951, are you talking about 1984? MR. WATERS: One more time, and I think I have clarified this as far as I can, unless I otherwise specify, I am asking him for his opinions as he sits here today. MR. WALKER: As to his state of knowledge in 1998. MR. w aters: As to his state o f knowledge, not someone else's theoretical state of knowledge. He is here to tell us what he knows today, and unless I specify that I want him to Page 240 - Page 243 Multi-PageTM Page 244 1 tell us what he knows in 1952, he is to answer 2 what he knows today. 3 MR. WALKER: So, again, and I am not trying 4 to be argumentative, I am just trying to 5 understand the question, what is a safe level for 6 asbestos, he is to answer that in 1998 terms and 7 not 1952 terms? 8 MR. w aters: Absent some other predicate, I 9 would believe that would be correct, to MR. w alker: Okay. Fine. it MR. w aters: Now, I am sure you have long 12 since forgotten the question. i3 ^ * 3 1 ^ 14 Q Go ahead and answer. 15 A In the mixing of powder w ith w ater, it does 16 have the potential o f being a h ealth h azard . 17 Q Okay. And, in fact, sir, if you will look is with me at this July 29, 1952 document, up here in the 19 upper right-hand corner Alcoa indicates, "Yes," as to 20 whether or not there is a possibility o f a hazard. Do 21 you see where that is crossed off in handwriting? 22 MR. w alker: I object. There are two 23 questions there. One is, do you see where it's 24 crossed off, and the other one addresses Alcoa's 25 knowledge or understanding, or action taken by Page 246 1 poxsible hazard then even though it may not have been 2 recognized. 3 MR. WATERS: Let's object to the 4 non-responsiveness of the answer and try that 5 again. 6 Q You will agree with me, sir, that as of 7 July 1952, as stated in this document, mixing of dry 8 asbestos fiber in water would constitute at least a 9 potential or possible hazard? 10 MR. WALKER: Objection, asked and answered. 11 A Are you asking my opinion or what that 12 document says? 13 Q l am asking your opinion. 14 A My opinion is yes, it does present a 15 potential hazard. 16 Q And it presented just as much of a hazard 17 in 1952 as it did in 1972 or 1998? 18 MR. WALKER: I object to the form of the 19 question. It assumes facts not in evidence. You 20 asked him about potential hazard and now to the 21 fact that it is a hazard. Those are two 22 different questions. 23 Q You can answer. 24 A Again, it was a potential hazard, the same 25 degree o f hazard throughout the years, recognized or Page 245 :....................... ....... ............. ......................... ....... Page 247 l Alcoa. So I object to the form of the question, 1 not. 2 because there are two questions. 2 Q Fair enough. 3 Q You can answer. 3 MR. w aters: l object to the latter portion 4 A I can see where it has been X 'd over, yes. 4 as being non-responsive. 5 Q So what we have here is a 1952 document 5 Q Let me show you another material sheet 6 where at least the possibility of an asbestos hazard 6 concerning insulating materials, and it indicates 7 is documented by Alcoa; fair statement, sir? 7 "Trade or other name," and it has a number of 8 A W elt, 1 am confused now w ith th e X's in the 8 different pipe coverings. Do you see that? 9 two boxes. 9 A My bifocals a re n 't too flexible. 10 Q W ell, sir, do you see that someone has to Q Okay, 11 written an X in the box "Yes" concerning the ll A Okay. 12 possibility o f hazard? You do see that? 12 Q And it goes onto "The department in which 13 A I do see th at, and the other box, it says, 13 used, produced or handled, R&M, miscellaneous 14 "No," it's not a hazard. 14 department, used throughout the plant, pot lining 15 MR. w aters: l object to the non-responsive 15 department," Do you see that? 16 portion. ib a Yes. 17 Q You see that the document is dated 17 Q "Operational uses, insulation o f furnaces, 18 July 1952? 18 pipes, et cetera, heat insulation and reduction 19- a';-Y es. 19 pots." Do you see that? ..................... 20 Q All right, sir. Now, this process, you 20 a Yes. 21 will agree with me, mixing dry asbestos fiber and 21 Q Is that consistent, sir, with your 22 water, was a possible hazard in 1952, ju st as you have 22 recollection o f the uses ~ some o f the uses of 23 told us it's a possible hazard at the present time, if 23 asbestos? 24 that were to occur? 24 A Yes, 25 A If it is a possible hazard today, it was a j25 Q For properties, it says, "The most Page 244 - Page 247 Multi-Page TM Page 248 1 common" -- "various compositions, the most common 2 being asbestos, " Do you see that? 3 A Yes. 4 Q And that would be also consistent with your 5 recollection, sir, of what type of insulation 6 materials that asbestos was used predominantly in this 7 time frame?................. 8 A I am not sure I understood that, the 7 question. 10 MR. WATERS: Can you read that one back, 11 please? 12 (Record read.) 13 A Yes. I 'm familiar with those materials 14 being used. There may have been other insulating 15 materials. 16 Q Okay. Very good. And again -- and this 17 particular page is dated August 13, 1952; do you see 18 that? 19 A Yes. 20 Q And, again,someone has checked off "Yes" 21 that possibilities of hazard are recognized for use of 22 these particular materials, the insulating materials; 23 do you see that?.......................................... 24 A Right. 25 Q If you look at thenextpage, which is also Page 250 1 you see that? 2 A Yes. 3 Q "Wearing of respirators if dusting does 4 occur"? 5 A Yes. 6 Q Again, the date here is 1954? a Right. 8 Q And up above where it says, "Possibilities 9 of hazard," the X has - appears to be typed in the 10 "Yes" column? ................... ............ .............v........ .... 11 A Yes. 12 Q Okay. So again, by 1954, it was recognized 13 that these refractory materials could be -- could H create or have a potential hazard? 15 MR. w alker: Again, I object. If you are 16 asking from those documents, can he reach that 17 conclusion -18 MR. w aters: Yes, sir. That would be fine. 19 A Yes, 1 can reach that conclusion, and 20 again, you have --in o rd e r fo r it to b e a potential 21 hazard, it has to be hazardous m aterial, per se, but 22 it also has to have the potential of generating 23 airborne concentrations. 24 Q Okay. And this -- certainly this document, 25 sir, and the indication that Alcoa recognized Page 249 1 1952, it discusses electrical insulation materials; do 2 you see that? 3 A Yes. 4 Q Now, here itindicates the yes box is not 5 checked, just the no box is checked regarding 6 possibilities of hazard; do you see that? 7 A Yes. Right. 8 Q So at least, insofar as theseelectrical 9 materials are concerned, no hazard was recognized or 10 no possibility of hazard was recognized at that time? 11 MR. WALKER: I am going to object. It 12 calls for speculation. 13 A Yes, that would be true. That's the way I H would interpret that. 15 Q Now let's look at the next page, which is 16 for refractory cement, bonding mortar and clay, and it 17 has a whole bunch of different listed products. I 18 won't go through all those with you. It indicates 19 that these materials were used in boiler houses, pot 20 lining department, carbon plant, a number of different 21 areas. Do you see that? 22 A Yes. 23 Q It indicates that, at the bottom, 24 "Recommended method of control: Careful handling of 25 the dry material to prevent excessive dusting." Do Page 251 1 hazardous potential from asbestos products in 1952, 2 that's entirely consistent with your recollection that 3 as of 1948 asbestos -- as of 1948 Alcoa knew that 4 asbestos could be hazardous or toxic in certain 5 concentrations? 6 A Yes, th iit's true, and you could put silica 7 on there and it would be ju st the sam e. 8 Q And, in fact, this document concerning the 9 potential hazard is consistent with the knowledge that 10 you had at corporate headquarters by the mid 1950's 11 that asbestos exposure might be linked to lung cancer? 12 A Not in the mid '50's. 13 -:Q I beg your pardon? 14 A Not in the m id '$0's, 15 Q You don't recall, sir, your earlier 16 testimony that by 1955 - you want to go back and do 17 that again? ............... ......... ............ 18 A No. You are speaking of, sir, R ichard 19 Doll's study? 20 Q Yes. 21 MR. WATERS: Let me object to the 22 non-responsiveness. 23 Q My question simply put is, sir, the 24 indication on these documents that Alcoa was aware of 25 a potential hazard as of 1952 or 1954 is certainly Page 248 - Page 251 Multi-Page TM Page 252 Page 254 1 consistent with the knowledge at corporate 1 that, would you? 2 headquarters with Doll's work in 1955 that asbestos 2 MR. WALKER: 1object to the question, it 3 could cause lung cancer? 3 calls for -- excuse me, assumes facts not in 4 A i would say no. We were aware it could 4 evidence, that this document and Massena have any 5 cause asbestoses and Doll's study stood out alone 5 relationship, at all, to do with lung cancer. 6 until it was confirmed at a later date. 6 It's improper predicate has been laid 7 MR. w aters: Let me object as 7 particularly since it's labeled 1952 and 1954, 8 non-responsive. 8 and by your own questioning, there hasn't been 9 Q My question is, sir, is this document -- 9 one article written linking the two when this 10 you will agree with me that this document indicates as 10 memo was written. 11 of 1952 and 1954 that Alcoa was aware of the potential 11 MR. WATERS: There had been many articles 12 for a hazard for breathing asbestos dust; correct, 12 linking the two before that, but that's 13 sir? 13 irrelevant at this time. 14 A I w ould agree to th at, yes. 14 MR. WALKER: Lung cancer. 15 Q And you have already told us that that's 15 MR. WATERS: You can answer the question. 16 consistent with your knowledge as an industrial 16 MR. WALKER: If you can. 17 hygienist as of 1948 that asbestos could be hazardous, 17 A Well, I don't know. 1 doubt that Massena 18 could be toxic, could be dangerous under certain 18 had any knowledge o f cancer a t the time this thing was 19 circumstances? 19 written. 20 . A T hat's correct. 20 Q Okay. Do you recall, sir, your testimony 21 Q And, sir, this is also consistent, is it 21 earlier in your prior deposition, where we reviewed 22 not, with Dr. Doll's study indicating that there was a 22 some books and other materials that you brought to the 23 potential cancer risk as of 1955? 23 deposition, that indicated that the connection with 24 MR. WALKER: i object to the form of 24 lung cancer and asbestos was first indicated in the 25 question. That document is a 1954 document which 25 late 1930's. Do you recall that? Page 253 Page 255 1 by your own question Doll was '55, and by his 1 A In retrospect, jes, 1 do recall a few 2 previous testimony, it was standing alone, so the 2 isolated studies,.. T&ywer not epidemiological 3 question is - improper predicate has been laid. 3 studies, but reports, I guess, would be a more, correct 4 Q Can you answer the question, sir? 4 term. 5 A Can you read it back, please? 5 Q Certainly you recall that there were case 6 (Record read.) 6 reports in the 1930's and in the 1940's that discussed 7 A Regardless of the Doll study, it was 7 cancer and lung cancer specifically resulting from s recognized us a potential hazard, and wc look 8 asbestos exposure in individuals? 9 precautions accordingly, 9. A They were the in literature. If we read to q So it didn't matter to you if it was 10 them, it would be unlikely that we would spend much 11 hazardous because it could produce a disabling or 11 time, If any at all. 12 potentially deadly disease, like asbestosis, or if it 12 Q But certainly, sir, if there was 13 could cause a deadly disease like lung cancer, to you 13 information in the literature concerning the 14 it was hazardous or potentially hazardous regardless 14 connection, the cancer connection, the connection 15 of disease processes? 15 between asbestos and cancer commencing in 1935, or 16 A YVe didn't buy the relationship with cancer 16 shortly thereafter, that information was readily 17 at this particular point in time. 17 available to a company like Alcoa who received and is Q You didn't buy it, but you were certainly 18 reviewed a considerable number of medical and 19 aware of it at least by 1955? 19 scientific journals in this time frame? 20 A It probably came across our desk, yes, 20 A That data is available in the literature, 21 T h at's all 1 can say. 21 hui we hve to use it i th context of the manner in 22 Q Certainly, if the folks in Massena 22 which our materials are handled, ` 'tv'-'--. ' 23 considered lung cancer to be one of the hazards they 23 MR. waters: Let me object to the latter 24 were concerned about in indicating that these 24 portion of your answer as being non-responsive. 25 materials are hazardous, you would not fault them for 25 Q Have you ever heard of something called the Page 252 - Page 255 Multi-Page TM Page 256 1 Walsh-Healy Act? v v... ............... 2 A Yes. f I t l l l i i ; ! ! 3 Q Do you recall, sir, that the Walsh-Healy 4 Act applied to operations where Alcoa or other 5 corporations may have been involved with manufacturing 6 processes on behalf of the United States government?... 8 Q And do you recall also that the Walsh-Healy 9 Act specifically adopted the threshold limit values 10 that you first became familiar with in 19487 12 Q And do you agree with me, sir, that to the Page 258 1 non-responsive, and ask you to read the question 2 back. 3 (Record read.) 4 MR. walker: I am going to object. The 5 question has been asked and answered. He said 6 there was monitoring done, and he explained when 7 and how it was done. 8 MR. w aters: Not about asbestos. 9 q Go ahead youi can answer.......... l o; There was very little dust monitoring for ; li asbestos primarily because it's, a completely : 12. inaccurate type o f evaluation and you can evaluate it 13 extent Alcoa at any time was working on behalf of the 14 United States government or making materials that were 15 going to be used in the defense industry, or anything 16 of that nature, that Alcoa would have been duty bound 17 by law to follow the Walsh- Healy Act and specifically 18 the threshold limit values? 19 MR. WALKER: I object, calls for a legal 20 conclusion. 21 A: That was academic, because we followed the 22 TLV's anyhow from Day 1, and we would be bound by 23 Walsh-Healy TLV's. 24 Q When you say you followed the TLV's from 25 Day 1, would that take us all the way back to 1938 14 MR. w aters: Let me object to everything 15 after "There was very little dust monitoring for 16 asbestos." 17 Q Sir, do you have any personal knowledge 18 that any dust monitoring for asbestos was done by 19 Alcoa personnel at any time in the 1940's, 1950's or 20 1960's, because 1 think you told us to the contrary 21 previously? 22 A I ju st have a vague recollection novv that 23 there m ight have been one o r two instances, b u t 24 th a t's -- b u t essentially ho, th ere was n o t. 25 Q Let me show you what has been marked as Page 257 1 when they first came into being?............................................. 2 A '3 8 ,1 qualify that, from the time that we 3 established our industrial hygiene program. 4 Q And when was that? 5 A Well, it was prohablj '45 when Lester 6 Cralley came in. J4S when I came aboard, took us time 7 to develop these programs. 8 Q So certainly as of '45, Alcoa was aware 9 that there was a supposed or theoretical safe level 10 for asbestos, and they knew enough to know that if you 11 had any potential exposures beyond that, something 12 would need to be done? 13 A Safe levels, there were threshold limit 14 \alues, and it's not a sharp line of demarcation, 15 safe, hazardous, but we knew there were limits that 16 defined:an area o f concent 17 Q Right. But what you never did at any time 18 in the '40's, '50's and '60's, is complete dust 19 monitoring around asbestos operations to determine 20 whether or not the TLV's were ever bring exceeded? 21 A We only did dust monitoring where there was 22 a concern of a hazard, a limit being exceeded. We 23 sampled for silica in our foundries. We did not 24 sample for asbestos in general areas. 25 MR. WATERS: Let me object as _______ Page 259 1 Alcoa 48 --or 47. It is a memo dated August 21st, 2 1958 from Lester Cralley to a whole host of folks. 3 Let's see if we can find you in here somewhere. I 4 don't see youonthis list, 5 A I shouldn't he. 6 Q Why wouldn't you be, sir, since it involves 7 industrial hygiene? Oh, there you are, I beg your 8 pardon. 9 A These are plant people. 10 (Thereupon, Alcoa Deposition Exhibit No. 47 11 was marked for identification.) 12 Q These are plant people because this memo 13 was, in fact, and I apologize for missing this, was 14 sent to you and Mr.Plunkett at NewKensington? 15 A Right. 16 Q Do you have a recollection presently of 17 receiving this document? 18 A Not this particular one, but vvesent those 19 out on a regular basis, 20 Q Okay. And it states, if you will read with 21 me, sir, "Attached are hygienic guides for the 22 following substances," and then it lists eight 23 substances including -- the very first one mentioned 24 is asbestos? ..................... 25 A Yes. Page 256 - Page 259 Multi-Page TM Page 260 1 Q Do you recall, sir, that as of 1958, Alcoa 2 had prepared an industrial hygiene guide or guidelines 3 for working with or around asbestos? 4 A No, Alcoa did riot. These hygienic guides 5 were prepared fay.the Industrial Hygiene Association. 6 Q So what Alcoa is doing in 1958 was sending 7 to its plant managers materials that were provided to 8 Alcoa concerning the hazards of asbestos; is that what 9 you are saying, just so I understand? 10 A Yes. (t would have a limit, and it also 11 would explain the hazards and preventative measures, 12 as well, whereas the TLV will only give you the 13 Limits. 14 Q Okay. So at least we can tell from this 15 document that, in 1958, Mr. Cralley felt it was 16 important enough to advise all of the plants that we 17 have some guidelines from a qualified industrial 18 hygiene association concerning how to work with or 19 around this substance --all these substances safely; 20 would you agree with that? 21 A Yes. And we sent out whatever hygienic 22 guides were available. 23 Q Okay. 24 A Any and all. 25 Q So certainly as of August 21, 1958, all of Page 262 1 we followed the ACGIH guidelines. 2 q And you would agree with taking those 3 precautions because that's what a reasonable company 4 would do if it cared about its employees' safety? 5 A Yes.' 6 Q We talked a few moments ago about the 7 marinite product. You do you recall, sir, recognizing 8 at least by 1964 that the sawing of marinite generated 9 a considerable amount of dust? 10 a '64 was that? 11 Q> Yes. 12 a Yes, I 13 Q Do you recall also, sir, at that time 14 recognizing that respiratory protection is no 15 substitute for exhaust ventilation? Do you recall 16 coming to that conclusion in 1964, in the context of 17 marinite? 18 A No, I d o n 't recoil that specific 19 recom m endation. 20;. . (Thereupon, Alcoa Exhibit No. 49 w asm arked 21 for ideritificatiori.) 22 Q Let me show that to you, sir, and for the 23 record, this is Alcoa 49. If you will read starting 24 here, this sentence, "Respiratory protection," if you 25 could just read that sentence. Page 261 1 your plants would have received this information and 2 would have been aware, if nothing else, that there 3 were guidelines for dealing with asbestos because of 4 the potential hazard? 5 \ Yes, Uie> would. 6 Q Now, we talked in your prior deposition, 7 about the fact that Texas -- the Texas Department of 8 Health adopted a state law, certain regulations 9 concerning the hazards of asbestos and specifically 10 adopted the ACGIH threshold limit values. Do you 11 recall that? 12 A Yes. 13 Q And do you recall that employers in Texas, 14 as of 1958, were obligated to ensure that none of 15 their employees had exposure to asbestos that exceeded 16 the TLV's. Do you recall that, sir? 17 A 1 recull that - learning that there were 18 these regulation; that existed which we were obliged :: 19 to follow. 20 Q You would agree with me, sir, that the 21 local personnel working in Rockdale, if they were 22 adequately doing their job, they would have been aware 23 of the state required safety regulations and would 24 have adhered to those to the extent possible? 25 A Yes, because they were Texas law, and also Page 263 1 A Okay. That's right, and of course, this 2 pertained to the epoxy hazard arid not the asbestos 3 hazard. 4 MR. WATERS: Let me object as 5 non-responsive. 6 Q My question was if you could read that 7 sentence to .the j ury, please? 8 A It says, "Respiratory protection i$ no 9: substitute/for';exhaust ventilation except at Ideations 10 where cutting marinite is an unusual, infrequent and 11 brief exposure occurrence.'* 12 Q Certainly, in 1964, you considered that 13 exhaust ventilation was absolutely necessary for the 14 cutting o f this material? 15 A When we thought there was epoxy in it, yes. 16 Q Did you change your mind, sir, after you 17 determined there wasn't epoxy in the material and come 18 to the conclusion that exhaust ventilation was not 19 necessary? 20' . A Control of sorts, as I recall, in the later 21 newsletter, that situation was clarified! :^ '.I 22 them that the short-term problem was eliminated or 23 didn't exist, if you will, the epoxy, hut they still 24-:riad to control exposures to the marinite because of 25 the presence of asbestos. Page 260 - Page 263 Multi-Page Page 264 Page 266 1 Q All right. So understanding it wasn't at 1 connection that you at corporate had first begun to 2 the date of this memo, but shortly after, in 1964, 2 learn about earlier in the '50's? 3 once you clarified that there was not an issue with 3 MR. WALKER: 1am going object to the form 4 epoxy, you still recognized that respiratory 4 of the question. It assumes facts not in issue 5 protection was necessary -- excuse me, that exhaust 5 --pardon me, facts not established, you asked 6 ventilation was necessary when cutting marinite 6 concerning the established link and, I think he 7 because of the potential for asbestos hazards? 7 was referring to evidence, developing knowledge. 8 MR. w alker: Objection. That's been asked 8 Q You can answer, sir. 9 and answered. I believes his memo-- 9 A W hat is the date of this? 10 A It was not in every case. I think you saw 10 Q April 9, 1965. 11 in that Vernon report that M r. Criiiiey said that was 11 MR. w alker: I hate to say this, do you 12 not an exposure of concern because of the short 12 remember the question? That may be the reason 13 duration, 13 you don't remember it. 14 MR. WATERS: Object to the 14 q Would you 1ike it read back, sir? 15 non-responsiveness. 15. A \N<k.;.:I think I recall --I think Semken was 16 Q Was Mr. Semken responsible for industrial 16 aware of the reports.; 17 hygiene and safety from environmental exposures at 17 Q Okay. So sometime in the time frame from 18 Rockdale in the 1ate 1960's? early 1970's? 18 1955, when Doll's study came out and you began to 19 A Yes. M r. Semken was the chairman of the 19 learn of the connection between asbestos and cancer, 20 industrial hygiene committee who had responsibility 20 in 1965, when Semken wrote this memo, he also would 21 for evaluating exposures, 21 have learned that there was a connection or could be a 22 Q Is he still.alive? 22 connection between asbestos and lung cancer? 23 A I don't know whether he is or not. 23 ;.v A Well,I can't get into Semken's m ind, but . 24 Q Was he an older man than you or younger 24 :obviousiyj:-he read reports, b u t the link a t least in 25 man, if you can recall? 25 our estimate Were not firmly established a t .that Page 265 ,, Page 267 i .A uH e was a n older man than me. 1 particular time. 2 Q Did you consider Mr. Semken to be a 2 MR. waters: Objection to the latter part 3 knowledgeable and qualified industrial hygienist? 3 as being non-responsive. L A No. He w asn't an industrial hygienist- 4 Q You don't have any recollection, I take it, 5 qualified industrial hygienist, if you recall. He 5 before April 9th of 1965 of advising Mr. Semken that 6 knew;something about industrial hygiene. He was a 6 there was a connection between asbestos and lung 7 good manager, . . . 7 cancer and he needed to be aware of it and keep it in 8 Q Do you recall from earlier review of the 8 mind in terms of his employees at Rockdale, Texas? 9 documentation that Mr. Semken recognized in 1965, in 9 A Np, I don'tremember anything like that. . 10 his position at Rockdale, that there was a link 10 Q So if Mr. Semken gained this knowledge by 11 between lung cancer and asbestos? 11 1965, about the connection between asbestos and lung 12 A !I don't recall th at at this time. i'.S-r.-lil. 12 cancer, that's something that he would have done on 13 q Let me show you Alcoa 30, a memo from 13 his own or he would have gotten from someone else in 14 Mr. Semken at the Rockdale Works, dated April 9, 14 the company other than you? 15 1965. It appears you reviewed the document sometime 15 A He would, but it's our job to evaluate such 16 in that time frame? 16 reports its that, not a Semken who is asking for help 17' A Yes. ' 17 or guidance, if you will. 18 {Thereupon, Alcoa Exhibit No. 30 was marked 18 Q Do you recall, sir, we discussed an 19 for identification.) 19 employee in the 1967-1968 time frame at Rockdale who 20 Q And he states there have been reports of an 20 was very concerned that the workers were being exposed 21 increased incidence of lung cancer in persons with 21 to asbestos without an awareness of hazards? Do you 22 asbestosis. Do you see that? 22 recall that line o f questioning? T*: ' 24 Q So certainly, at least Mr. Semken, in his 23 A I think I remember the documents. 24 Q Okay. Great. Let me show you, sir, 25 position at Rockdale, was aware of the lung cancer 25 Alcoa 52 which is a letter from a physician named Page 264 - Page 267 A. Page. 1 Maxwell Boro, located in Bound Brook, New Jersey 2 Mr. Jack Clark. Do you recall, sir, that Mr. Clark 3 was the concerned employee? 42 .....A;. I didn'^t recall, but.! am reibinded. liiK lfcitli. 5 q Okay. Fair enough. And Dr. Boro is 6 writing apparently in response to Mr. Clark, the Alcoa 7 employee, his concerns about this asbestos that he and 8 the other workers are being exposed to, and let me 9 represent to you that this document was found in the to corporate files of Alcoa. Okay. The doctor talks to 11 Mr. Clark about the dangers of working with asbestos 12 in an unyentilated shop. Do you see that? 13 A Yes. 14 Q And he goes onto state, "In this situation, 15 I think there would be a very definite hazard 16 particularly since you are working with asbestos 17 fiber." Do you see that? __ _ is A Yes. 19 Q Now, sir, understanding that Mr.Clark 20 wrote away for this information, don't you believe 21 that this is information that would have properly been 22 provided by Alcoa to its employees? 23 A IF w e Felt it was a hazard, yes, it would 24 be proper. 25 Q Certainly this doctorindicates that it 9 10 11 . 12 a 13 ci 14fH 15 16 that 17 awar 18...:.. H 19 Q 20 were w 21 renderj 22 <, A 23 Q Fa 24 which is a 25 indicated U - ^ Page 269 1 would be a hazard, doesn't it, sir? 2 A I don't know who he is or what he knows 3 about asbestos. 4 MR. WALKER: I object to the form o f the 5 question, also it assumes that --your question 6 assumes that that doctor knew of what was going 7 on in the workplace whether it was ventilated or 8 not and the amount of asbestos exposed to. 9 Q Okay. It goes onto recommend to Mr. Clark 10 that he get yearly chest x-rays, and have such x-rays 11 read by somebody experienced with the x-ray picture of 12 pulmonary asbestosis. Do you see that? 13 A Yes. 14 Q And that's a recommendation you would have 15 agreed with, would you not? 16.. A2; 17 Q Okay. As of 1968, you did not feel it was 18 necessary for employees who had been exposed to 19 asbestos to have yearly chest x-rays or other exams? 20 A No, I didn't say that. I would object to 21 x-rays for picture of pulmonary asbestosis. I don't 22 believe that asbestosis was possible by the exposures 23 they received in our plants. 24 MR. WATERS: Let me object as 25 non-responisve. 1 March 7, 19i 2 A Yes. 3 (Thereupt 4 marked fo_ 5 Q And it's 6 dust; is that corrff 7 A Yes. 8 Q Attached is 9 received by Mr. Ja^e. 10 and Dr. Maxwell Bt 11 letter from Dr. Borqf; 12 A Yes. . 13 Q And this is the. > 14 very concerned that pei 15 asbestos at Alcoa Rockc . 16 A Yes, 17 Q It indicates that D. . ' 18 that's the plant doctor wlilv ^ 19 A That's right. ^ 20 Q --discussed with M? 21 working with asbestos and t'f 22 be taken, but apparently he, t* n 23 wanted outside advice. Do | 24 A Yes. r . 5P 25 Q So Alcoa actually had tB Page 274 '"id to ventilate the ' ' ' >06 outdoors, no V T t* if X , . v \ 6 % * V % r '" t 'I ** *vmT ......p..%?/>/ % ,. o > w <%V(Y.. >e^ 9 . 4e/^/^ 4 WA ' / o&k. _ ^^ % a'^pi.ece orf . //e- " ^^9<%/-, *%/*'<'*e&-, ' A /' A V V l c " " mOT" >n,h"t/ / . -% Mr. Semken f iA 9 A',A A "' o , *< *< /0 ,,O. % ' 'fl As- o/-7Wc % 1V j, m /is. % ? 7 A 0, %> ^ A> /< ? 4 b ' ^ . r . _______ > J*' h> ^ that there was a 4$ ^ ^ A a n c e r , 13 years after % '^Oq &ould have received <r ,_ * V>r ,, %> ec cancer connection, Alcoa is r7? U^ ,_Q/Vi-,^>0^ .> 'fe"xposed to asbestos to wear 4f ^ 4 f ^ e ~P ^ y o u ld you agree with that, //o Q ip ' 4 ^ v; r. sure Semken knew there wiisa c/- % f fy \f% e a mcaKncerr*and asbestos exposure. AA- you recall, sir, the 1965 document lA i. 0--i------------------------------------------- * > /% Page 275 9 c]. * ,V looked at where Mr. Semken advised that he %V A , ire of the connection? h x Do you want me to show you that again? i, A %. /<?k y ^ A i i Yes, if you would. A? H Q That would be Alcoa 30 where Mr. Semken > %' ^ s ta te s , "There have been reports of an increased A ) "r $};Jy> incidence of lung cancer. " Do you recall that? " o fy ,. v% -CS^'- ^ Afe tA > v rv%> ^ o X > X > ^ ,k e d "> A, A>tf was K , V A , V0 . "m 6 ? A / -tion> p <%/ 4 V % \ J'/-/."a in `tlh'i;s" /- ^ rfst from the 5S % 'A X A % 'V t was or whether MM .ark thinks that an f 8 A Yes. 9 Q So, again, sir, my question to you is, 10 three years after Mr. Semken at Rockdale recognized 11 that there was a connection --cancer connection, and 12 13 years after you first became aware of that 13 connection in 1955, Alcoa is still not requiring its 14 asbestos exposed workers to wear respiratory 15 protection? 16 A . . . I come back to the same thing I said, 17 Semken was aware of reports of it, hut whether or not IS it was a fact, I don't know or can't tell whether he 19 knew a fact or not. Probably he couldn't, really. 20 Q Well, sir, do you need to be 100 percent 21 certain that a substance causes cancer before you 22 think it's necessary to tell your workers to take 23 precautions? 24 A Depends on the material. 25 Q General question, sir? Multi-Page TM Page 276 1 A Carcinogen is not a carcinogen is not a 2 carcinogen. There are ail different kinds. There are 3 Certain potent ones and there are certain that are-- 4 take a hefty exposure before it's a problem. One must 5 know the dose before one can evaluate the hazard. . 6 MR. WATERS: Objection, non-responsive. 7 Q You have already told us that the TLV 8 doesn't apply to cancer. Do you recall that 9 testimony? Did not apply to cancer? __ 10 A I can't say if did not apply to cancer. 11 The threshold limit value was established with the 12 recognition that it caused asbestosis.. 13 Q Well, in fact, did you not testily earlier, 14 sir, that TLV's generally were not to prevent the 15 causation of cancer but rather to stop the development 16 of non-malignant diseases?.......................... 17 A Oh, no, no. Certainly, when you were IS talking about asbestos, that would be true, it was 19 designed to prevent asbestoses, hut there are other 20 materials that were known carcinogens at the time that 21 did have a limit based on the carcinogenic potential. 22 Q It says, "Mr. Clark uses his respirator at 23 all times when there is an exposure to asbestos but 24 the others generally do not." Do you see that? 25 A Yes. Page 278 1 q Of which Alcoa was aware? 2 A We may have read, 3 Q So now you are telling this jury that you 4 are not certain if Alcoa knew about the Doll report 5 when it came out; is that your testimony? 6 MR. w alker: Objection, it has been asked 7 and answered. 8 A I specifically don't remember reading that 9 Doll report, b u t I do know th a t at; least in abstract 10 form it was available to us. 11 q All right. And that was 1955; correct? 12 A Right. 13 g 1955 is 13 years before 1968; corred? 14 a Yes. 15 Q And can you think of any reason in 1968 why 16 Alcoa was not telling workers like Mr. Clark there are 17 reports -- there are studies out there that say this 18 stuff can cause cancer? 19 a Well, this stuff th at we have been involved 20 with is chrysolite, and th cancer relationship, a t 21 least at the beginning, was crocidolile. It was 22 considered different an im als, if you will. 23 Q So it's your opinion, sir, that Alcoa did 24 not tell its workers about the cancer connection 25 because somehow it felt that it was using safe Page 277 Page 279 1 Q And one of the reasons the other workers 1 asbestos. Is that your testimony? 2 would not use respiratory protection is because they 2 A il was not as hazardous as crocidolile, 3 were not required to do so by Alcoa; isn't that a 3 yes, as crocidolile. 4 fact?...................... 4 Q Okay. It may not have -- 5 A Yes. They did not feel it was necessary to 5 MR. w alker: Excuse me. I don't know that 6 req u ire a m andatory respiratory protection. -:.TT':J:V 6 he is finished with the sentence. 7 Q And if Alcoa had been telling all of its 7 ...g I am sorry. 8 workers by 1968 what it had known for at least s ;. A And the relationship, a t least in o u r :. 9 13 years that there was a connection between asbestos 9;mmds, was not firmly cemented, and it took the. 10 and cancer, don't you believe that the workers would io. following studies- such a st^ d ^ ff and others to 11 have been more likely to take precautions and wear ii really say that Doji's Study i$ really ghod, 1$ really 12 respiratory protection? 12 right, so pay attension. 13 MR. w alker: I object to the form o f the 13 MR. w aters: Okay. Objection to the 14 question. It assumes facts not in evidence that 14 non-responsive portion. Can you read back the 15 Alcoa was aware of for 13 years of such a 15 very first part of his answer, about ten words 16 connection. 16 long, something like that? n A T h a t's w here I am from , I d o n 't know that n (Record read.) is we did recognize th at serious cancer potential until 18 Q You recognized in this time frame, sir, 19 much later on. 19 that all types of asbestos were considered hazardous, 20 MR. WATERS: Objection, non-responsive. 20 but you considered one particular type, crocidolite, 21 Q You have told us, sir, that Alcoa was aware 21 to be a greater hazard- is that a fair statement? 22 of at least the possibility of a connection between 22 A Yes,. There w ere different limits 23 asbestos and cancer at least by 1935; correct? 23 established for them . 1- 24 A No. I can't deny that there may have been 24 MR. w aters: Objection to everything after 25 reports in the literature. ________ 25 "Yes," as non-responsive. Page 276 - Page 27 Multi-Page TM Page 280 1 q And you recognized also, did you not, sir, 2 at Alcoa, that the different varieties of asbestos had 3 been associated with the occurrence of cancer? 4 A At that particular time, I am not certain, s but certainly today I recognize that. 6 Q Well, you recall, certainly, that by 1964, 7 with the publication of the Selikoff cancer studies, 8 Dr. Selikoff came to the foreground as being a 9 significant, if not the most significant asbestos to researcher? 11 A Yes. He gained a good hit of publicity for 12 that. 13 Q Well-known and respected not only by 14 industrial hygienists and physicians at Alcoa but is worldwide as being one of the predominant, if not the 16 predominant physician doing asbestos research? 17 A You are looking for a response? 18 ) Yes, sir. 19 A He was renowned? 2 Q Yes. ................................................................ 21 A Yes. 22 Q Certainly he had the type of expertise that 23 you at Alcoa would rely on in formulating your own 24 policies and procedures in trying to do things in as 25 safe a fashion as possible? Page 282 1 Q Okay. ...................... . ..... ;...................... 2 A That doesn't agree with the literature. 3 MR. WATERS: Object to the non-responsive 4 portion. 5 Q So as of February 29, 1968, or March 1968 6 when Mr. Semken creates this memo, Alcoa has been told 7 by the renowned, to use your word, Dr. Selikoff, that 8 there is insufficient information whether one type 9 would be more dangerous than another, you would agree 10 with that, wouldn't you, sir? 11 A Today, 1would. I wouldn't then. 12 MR. WATERS: Objection, non-responsive. 13 Can you read the question back to him? 14 (Record read.) 15 A I say again, no, I wouldn't necessarily 16 agree with that, because the threshold limit committee 17 didn't agree with it. 18 MR. WATERS: Objection, non-responsive. 19 Q Please listen to my question and try it 20 again. As of March 1968, this document confirms that 21 the renowned, respected asbestos researcher, 22 Dr. Selikoff, has in effect told Alcoa that there is 23 insufficient information concerning whether one type 24 would be more dangerous than another. You would agree 25 with me, sir, that Alcoa is aware of that information Page 281 1 A Yes. He seemed to he a good investigator, 2 but he was dealing with the asbestos industry not the 3 aluminum industry. 4 Q Let me show you what is attached to 5 Mr. Semken's memo, Alcoa 53, which is the letter that 6 Dr. Selikoff at the Mount Sinai Hospital sent to 7 Mr. Clark. Apparently Mr. Clark must have given it to 8 Mr. Semken or someone at Alcoa. Do you see that, sir, 9 on the Mt. Sinai Hospital letterhead? 10 A Yes. 11 Q And he writes --Dr. Selikoff writes, 12 "Present information would suggest that many of the 13 varieties of asbestos may be associated with the 14 occurrence of cancer in humans. " Do you see that? 15 A Yes. 16 Q Dr. Selikoff doesn't make any distinction 17 in his letter with respect to one type causing cancer 18 or the other type not causing cancer, does he? 19 A No. He is on the cutting edge. 20 Q And in fact, he states --let me object to 21 the non-responsive portion. In fact, Dr. Selikoff 22 states, "There is insufficient information concerning 23 whether one type would be more dangerous than 24 another." Do you see that? 25 A Yes. : Page 283 1 as of March 7, 1968? 2 A O f that information, what Selikoff says? 3 Q Yes, sir, since it's attached to an Alcoa 4 memorandum? 5 A Somebody was aware of it. I have no reason 6 to know whether 1 did or did not see that particular 7 one. 8 q And certainly your superior, the head of 9 industrial hygiene, Dr. Cralley, was aware of that 10 since he was copied on this memo -- 11 . A Yes. 12 Q -- this confidential memo, do you see that? 13 A Yes. 14 Q Now, in your discussion, sir, with Alcoa 15 attorneys in preparing for your depositions, did you 16 discuss the idea that Alcoa could try to take the 17 position that there was a difference between different 18 types o f fibers and perhaps that would explain why 19 Alcoa continued to expose its workers to asbestos 20 until t h e '70's? 21 A I don't think we had any discussions of 22 that natu re at all. O ur concern - our main thoughts 23 were th a t exposures were not sufficient for us to be 24 of any concern, great concern, if you. will. 25 Q Well, you have already told us, I think, in Page 280 - Page 283 Multi-Page TM Page 284 1 your previous deposition that there was sufficient 2 information to have some level of concern in the 3 1950's, but it didn't approach a level of concern that 4 led Alcoa to take any proactive steps until the 5 ,'70's. Do you recall that? 6 A Any heroic steps, hut we did take, over the 7 years, some steps to minimize exposures as this tetter 8 about marinite will reveal. 9 Q You have not seen anything, in all the 10 documents that Alcoa has provided to you, where anyone 11 at Alcoa wrote to Dr. Selikoff or to anybody else and 12 requested confirmation that somehow one type of fiber 13 was less hazardous than another? 14 A Any research done by Alcoa on that issue? 15 No. We relied on the ACCin. 16 MR. WATERS: Objection to the 17 responsiveness. Everything after "No." 18 Q Okay. Let's get these back in sequence. 19 Let me show you 54, Alcoa 54, which is in 20 response to Mr. Semken's memo, again, a confidential 21 memo from Dr. Cowell, regarding exposure to asbestos 22 dust. "In view of the increased interest of unions 23 and government in occupational safety, hygiene and 24 health, I think you can expect more inquiries such as 25 that from Mr. Clark. There is no way we can prevent 1 working around could 2 result in an increased fPr0^^ 3 A An increased,?? 4 themselves, would ctke^y 5 Q Sure, becaus 6 bothered to tell its ei 7 the plant could caus 8 those employees p rf 9 enough to take sonnet 10 MR. WALKER: (. 11 question. It ass 12 that the use of ; 13 cause --was su 14 Q You can ai 15 " A Try that < 16 $fv (Record rj 17 .. A .Very, like? 18 what th docio. 19 about the haziu 20 MR. WATER' 21 non-respons 22 Q General 23 you will agree 24 advised of all I 25 which they an Page 285 1 employees from contacting outside people other than by 2 improving our own programs and conditions to the point 3 were they have confidence in us." Did I read that 4 correctly? 5 A Yes. . 6 (Thereupon. Alcoa Exhibit No. 54 was marked 7 for identification.) 8 Q Why would Alcoa want to prevent its 9 employees from contacting outside doctors? 10 A 1 don't know that they would want to 11 prevent contact with the outside doctors as much as 12 they would much prefer to get counsel from in-house. 13 Q They would rather the concernedemployees 14 get their advice from Alcoa itself or from the Alcoa 15 doctors? 16 ' A Yes. 17 Q And that advice, as of 1968, would that 18 advice have included or should it have included the 19 fact that asbestos could be related to cancer? 20 A I don't know that. 21 Q You don't know? 22 A At that time whether that would be an 23 appropriate message. 24 Q Well, you will agree with me that if the 25 message had been in 1968, this asbestos you are . A Todai Q Well, Alcoa was a< 4 employees v 5 told them al 6 A If tb 7 a real pote 8 everything 9 to either rt 10 believe thi 11; developin' 1 2 lllH fi 13 MR. V 14 non-rf 15 Q T 16 employe, 17 not advi 18 workinj 19 A I 20| they u2lj prod# 22 Q 23 use of 24 those 25 the w Multi-Page1 k 4 ** je 288 Page 290 1 sir, with the handwritten memo that we looked at 2 earlier that said no precautions either for marinite 3 or other asbestos materials were taken until '69, or .x ffr \P , _ < * * \i* * 4 so; this would be consistent with that, would it not? 5 A Yes. But as I recall, they were required 6 to wear respiratory protection. I think in one of the S1 vV^ & * . ?&\ 1 %> O 0k d P ,-l.o . '0V^ ' <^4^ cot461 , ^ -.c0 .^D 7 previous memos that was covered. 8 Q At Point Comfort? 9 A At Point Comfort, I thought. 10 Q Let's look at Alcoa 57, a Rockdale document 11 Mr. McGregor at Rockdale is referring to purchasing a \V\ . ^o^v' qp,'r&Yi 12 small dust collector to use with dry cutting in the A 13 brick shed. Do you see that? . ' Q. \ 6sek A YcS. (Thereupon, Alcoa Exhibit No. 57 was marked for identification.) Q And there is a memo attached from yourself ^o^t60 Mr. Semken, dated January 9, 1970, where you QiVcei^'dicate a concern that asbestos dust exhausted out of ^ 4~*4rs was blown back into the working area through the doors. Do you see that? , ;N ^ t v'" S V. : ^ Your concern there, I presume, was that the dust when blown back into the building a health hazard for the workers continuing to s k ^ f t ^ e th b-uilding? ^ Pas e291 ___ a 2 v\*^Vuld provide that potential, yes. !Ware u**'~ ' vere e%PoS bout that ere was a jo n tial, yes. iweknow * 0 ^' ^ n4N you know, asbestos now enjoys a _,,tuotv' yCwell publicized reputation. Even without Suonse |t(f, ec,ly? it would merit some respect." Did I 9 respns^ ^ ^ se 0j. we feej there is good tuisance n jafTft&reis/ g occupt ofju stho' VATERS: Of esponsive p /ell mewhy 4 s that -- u' Jse employe *d ' t buL correct've measures to make certain 11 ... ' Wpdust is not exhausted into areas where 12 ^ '^ u c tb in p tnS-" Did I read that correctly? u up through # Look at' yu were aware at that time that 15 Q on irking in the presence o f asbestos dust 16 February^ ^Uble to disease? 11 Point Comton 18 col,lec.ting,, csWvc.Jrctent dose, I have to qualify | with or a/ i f w e d id ; 19.90 Pa0r1e rmeapd"fecr^ua as of January 9, 1970, when you - . .9 andum, you recognized, as you state. it w ouh 21 l terrible and well publicized J lli Whatif it;i the materii icircumstan fT h ereu p d ^i^^m ^P . . . . . . for identifiiP1^ ^ Q ^ ^ouve, sir, that that reputation __ -S_----- -- le health effects of asbestos that Page 288 - Page \ over the years up until that M ulti-PageTM Page 292 l time? 2 A Well, it required regufar attention, th ere ; 3 is no question of that, but ju st in the context here* 4 there is an indication that that terrible and well 5 publicized reputation did not necessarily apply at 6 least in full to our operations. 7 MR. WATERS: Objection, non-responsive. 8 Can you read that one back to him? 9 (Record read.) 10 MR. WALKER: I lost it. 11 (Record read.) 12 MR. WALKER: Again, I object. It has been 13 asked and answered, and instruct the witness if 14 he wants to adopt his previous answer, if he 15 thinks he sufficiently answered it, he can. 16 Q My question simply put, sir, is if whether 17 you feel that that terrible and well published 18 reputation was warranted by what you knew at that time 19 when you wrote this phrase? 20 A When I wrote that, i would say that 1 21 wasn't certain that it should have as extreme, a 22 terrible and well publicized reputation, but certainly 23 it was o f more concern than it had been in the past. 25 Q So you at Alcoa, at least as of 1970, felt ........................................................................Page 294 l i A.. Yes. . 2 Q You, of course, would agree with that, 3 wouldn't you? v ^ ........................................ 4 . A ' XJh-huh'.: ' ... 5 MR. WALKER: Again, I am going to object to 6 the question of this document. I don't think it 7 has been properly identified or authenticated. 8 Q "An additional hazard encountered by 9 workers exposed to high asbestos concentrations is a 10 rare type of cancer, mesothelioma. In the general 11 population, one person in 10,000 dies of mesothelioma. 12 The mesothelioma death rate for asbestos workers is 13 one in ten." Did I read that correctly? 14. A Yes. 15 Q Do you recall learning, sir, at some point 16 in time that ten percent of asbestos workers, people 17 working with asbestos products, ten percent of them 18 were dying of this fatal type of asbestos cancer? 19 MR. WALKER: I object to the form of the 20 question, because it's ambiguous. You are 21 talking about asbestos workers and people who 22 work with asbestos. I don't know if you are 23 referring to the same type of person or two 24 individual groups. 25 MR. WATERS: Same type. Page 293 1 like the reputation of asbestos was actually worse 2 than the effects of asbestos really were? 3 A A little hit of that, and also we still 4 felt it applied primarily to the asbestos industry. 5 MR. WATERS: Okay. Objection to everything 6 after "A little bit of that." 7 Q Are you familiar with the Chlorine 8 Institute, sir? 9 ' A Yes. 10 Q What is that organization and how does 11 Alcoa relate to it? 12 A Well, professional organization of i? manufacturers who produce chlorine, and at one time, 14 Alcoa did produce chlorine a t our Point Comfort Works, 15 Q Let me-show you Alcoa 58, which is a 16 document dated March 3, 1971, indicated to be 17 privileged and confidential. It's an environmental 18 health committee report on asbestos. Do you see that? 19 A Yes. 20 (Thereupon, Alcoa Exhibit No. 58 was marked 21 for identification.) 22 Q Let me represent to you that this was found 23 among the archives of Alcoa. Just follow with me, if 24 you will. "Asbestos dust has long been recognized as 25 a health hazard." Do you see that? Page 295 i V Even so. 1 don't know about the 2 percentages-. ............ 3 Q My question -- I am sorry, sir, maybe my 4 question wasn't clear. What I am asking, sir, is if 5 you recall in this time frame learning that the 6 mesothelioma death rate for persons working with and 7 around asbestos was as high as ten percent? A No. I saj again, l don't know about the -- 9 1 wasn't aware of thosenum bers. I am riot sure 10 whether that's corrector not. 11 MR. WATERS: Let me object to the latter 12 sentence as being non-responsive. 13 Q Certainly you would agree with me, sir, 14 that if ten percent of asbestos workers, people 15 working with and around asbestos insulation materials, 16 if ten percent are dying of this asbestos cancer, 17 that is a very, very significant number? 18 A You are mixing apples and oranges here. 19 Asbestos workers doesn't necessarily mean people who 20 work with asbestos on an infrequent basis. 21 MR. WATERS: Objection, non-responsive. 22 Will you read the question back? 23 (Record read.) 24 MR. WALKER: Again, I object to ~ it 25 contains facts not in evidence and as such is Page 292 - Page 295 Multi-Page TM Page 296 Page 298 1 in patching baking furnaces. " Do you see that?......... f could agree with what you said, then I ^ y , yes, 1would agree. R. WATERS: Objection, non-responsive. 2 A Yes. 3 (Thereupon, Alcoa Exhibit No. 59 was marked 4 for identification,} j You have already told us and you told this ry that you are not familiar with the statistics hat are quoted here that the mesothelioma death rate , for asbestos workers is one in ten; correct, sir? 9 A That's right. 10 Q However, you will agree with me that if, in 11 fact, the mesothelioma death rate for asbestos workers 12 is one in ten, that is a matter of significant 5 Q Do you recall, sir, that in the 1971 time 6 frame, Alcoa was still indiscriminately using asbestos 7 fiber to patch the baking furnaces? 8 A No, I don't know whathemeans, 9 "indiscriminate use." 10 Q It says, "Mr. Clark" -- and this is the 11 same Mr. Clark that was so concerned previously and 12 asked Alcoa to please do something about the asbestos 13 concern?........................................................................ 14 A Yes, it is for those asbestos workers. 15 Q And, in fact, that should have been a 16 matter of significant concern in 1971 when this 17 information was available to Alcoa? 18 A That information was available to us, yes. 13 problem; isn't that the same gentleman? 14 MR. WALKER: I object to the form o f the 15 question, assumes facts not in evidence.__ ___ 16 A The same gentleman, same name. 17 Q All right. "Mr. Clark complained later 18 strongly that the air in the furnace room was _ .. 19 Q And you will recall, I believe, sir, that 20 Dr. Selikoff in his studies of insulators, 19 contaminated with asbestos since the blanket material 20 was being recycled through the system repeatedly." Do 21 insulators --the union was known as the Asbestos 22 Workers Union, people who worked preparing, installing 23 and removing asbestos insulation? 24 A That's right, day in, day out. 21 you see that sentence? 22- A Yes. 23 Q Now, Mr. Clark has a right to be concerned 24 about the working conditions that he has to face at 25 Q It goes on to state, "It's also been shown 25 Alcoa, doesn't he? Page 297 1 that asbestos workers who smoke have a death rate from 2 all forms of lung cancer which is 92 times that of 3 non-smokers in the general population." Do you see 4 that?.................................................................................................... 5 A Yes. 6 Q Now, you are generally familiar with that 7 statistic, aren't you, sir, the 92 times increased 8 risk that someone who works with, asbestos materials 9 and smokes, that that person will ultimately develop 10 lung, cancer? 11 A Whether it was 92 percent or not, I can't 12 say, but I was aware o f that increased risk, and the 13 minimal risk to those who did not smoke. 14 MR. WATERS: I will object to the latter 15 portion as being non-responsive. 16 Q I show you what has been marked as 17 Alcoa 59. "On October" --this is from Mr. Menke at 18 safety and security, confidential memo regarding 19 asbestos. "On October 13, 1971, the attached clipping 20 was found on the bulletin board in the carbon plant." 21 Okay. And then there is the attached clipping right 22 here. Do you see that? 23 All right. "A few minutes later, a brick 24 mason stopped me in Building 58 and complained at 25 length about the indiscriminate use of asbestos shorts Page 299 1 A He certainly does. 2 Q And you wouldn't be critical of Mr. Clark 3 for seeking some explanation, asking "Please, can't we 4 do something about this problem"? You wouldn't be 5 critical of that, would you, sir? 6 A If it w ere a real problem, no, 1 would not 7 be critical. 8 Q Okay. Now, the clipping to which this 9 security officer, Mr. Menke, refers in this 10 confidential memo is attached, and it's entitled 11 "Asbestos Controls Called Fof." Do you see that? 12 A Yes. 13 Q Now, can you tell us why Mr. Menke would 14 have removed this clipping from the bulletin board, is this clipping that concerned the hazards of asbestos? 16 MR. walker: I object, assumes facts not in 17 evidence. There is no evidence that he removed 18 it from the bulletin board 19 MR. w aters: He couldn't have attached it 20 unless he removed it. 21 MR. WALKER: Other than to make acopy. 22 A Well, th at's whaf struck me. 23 Q You want the question read back, sir? 24 A No. I don't know w hy he removed it, other 25 than to make a copy. Page 296 - Page 299 M ulti-Page TM Page 300 1 Q Well, in fact, all the cither documents that 2 we have been looking at, they are not copies, they are 3 mimeographs, aren't they? That's what you guys were 4 doing back in the late '60's and early '70's? Xerox 5 machines did not predominate as they do presently. 6 Can't you see how this memorandum is a 7 mimeograj>h copy? . .. 8 A : Might be. /' . . . i v` ' . . 9 Q Well, do you see, sir, the stamp for the 10 carbon where it says "Copy"? . ^................ ........ 11 A Yes. 12 Q You do remember that? I barely remember 13 it, but I am sure you have a pretty good recollection 14 of carbon copies and mimeograph machines. Do you 15 recall that? 16 A Oh, yes. I don't know how you cun tell one 17 from the other. 18 Q Well, it says, "Copy," so you can tell that 19 at least Mr. Bonney received a copy of this memorandum 20 along with the attached clipping that was removed from 21 the bulletin board. Do you see where you received 22 that? 23 A All right. 24 Q And let's take a look at what this article, 25 that the security officer, Mr. Menke, removed from the ; *' 1 read the question back to you. Page 302 2 (Record read.) 3 a Yes, I do. 4 Q And, again, in the second paragraph of this 5 article, that was removed from the bulletin board, it 6 states, "Prolonged inhalation of dust by asbestos 7 workers has been linked to the disabling and sometimes 8 fatal lung disease, asbestosis, and to chest and 9 abdominal cancer." Do you see that? .... . . . . 10 A Y e s l l - A v J & V - 11 Q It goes on to state that "In the absence of 12 controls, the report warned that concentrations of 13 airborne asbestos in some localities might approach 14 those encountered by workers in the asbestos 15 industry." Do you see that? 16 'A Yes..";: 17 Q Do you agree with that, sir, that without 18 adequate ventilation controls, concentrations could be 19 as high as those encountered by workers in the 20 asbestos industry? 21 A I don't know. I d o n 't know w hat they are 22 talking about there. 23 Q It indicates that "A major source of 24 exposure is the dust from the demolition of industrial 25 and commercial buildings where asbestos was used for Page 301 Page 303 1 bulletin board, let's take a look at what it says, in 1 insulation and in wallboard." Do you see that? 2 particular, "The National Research Council has 2 -A Yes. 3 declared that asbestos dust poses a health hazard for 3 Q Would you agree with me, sir, that that 4 the general public and called for new stringent 4 would be a serious source of potential exposures, 5 controls to keep it out of the atmosphere." Do you 5 demolition or rip out or tear out of insulation 6 see that?................................................................................ 6 materials? 7 A: Yes. 7 A Demolition, yes. Tear out, may he yes, 8 q So the National Research Council has gone 8 maybe no. 9 way beyond being concerned about asbestos workers or 9 Q Now, if this article had remained on the 10 people exposed in the workplace, they now recognize, 10 bulletin board in the carbon plant, where it was 11 as indicated in this article, that the general public 11 anonymously placed, apparently, then a significant 12 may be at risk because of asbestos hazards. Do you 12 number of Alcoa workers might have had an opportunity 13 see that? 13 to read it. Would you agree with that? 14 MR. WALKER: Do you want to read the entire 14 MR. WALKER: I object to the form o f the 15 article before you answer any questions? 15 question, assumes facts not in evidence, such as 16 A I w ou ld lik e to see w hat -- w h ere they are 16 it was removed and not replaced or that it was 17 going w ith the article. 17 even put there anonymously. 18 Q Let - - 1 am just asking you about this 18 Q Can you answer, sir? 19 first phrase. Would you agree with what I stated? 19 A Well, any article on the bulletin board 20 MR. w alker: Could you --do you remember 21 the question? It's my recollection the question 20 stands a chance of being read by the employees. 21 Q And the more quickly it's removed from the 22 was - you were asking what they were intending 22 bulletin board the less employees are going to have a 23 to do by that article. He can't do that without 23 chance to read it; isn't that right? 24 reading the entire article. 24 MR. WALKER: Again, I object to the form of 25 Q Read the entire article and then she can 25 question. It tends to assume facts not in Page 300 - Page 303 Multi-Page TM Page 304 1 evidence. 2 Q You can answer, sir. 3 A Yes. Some implications there that I don't 4 know whether I could agree or disagree. 5 Q Well, you certainly can agree with me, sir, 6 that the longer --the less amount of time that 7 article was posted on the bulletin board, the lesser 8 number of workers had a chance to read it; you would 9 agree with that, wouldn't you? It's common sense. 10 a it's possible, yes, but l don't know how n early it was pulled off. 12 Q Let's take a look at Alcoa 60, which is a 13 memorandum from George Farrah to the industrial 14 hygienists, I take it that would include yourself, 15 in this April 1972 time frame? 16 A No, it wouldn't be to me. 17 q Would it --it would have been to the 18 industrial hygienists at the plant? 19 A T hat's right. 20 (Thereupon, Alcoa Exhibit No. 60 was marked 21 for identification.) 22 Q Now, the osha standards came out and became 23 effective in July of 1972; is that correct? 24 Is that your approximate recollection? 25 a I t's in that time frame, yes. Page 306 1 reduced. 2 MR. WATERS: Objection to everything after 3 "Yes." Non-responsive. 4 Q And then it goes on to tell the industrial 5 hygienists at the plants that "Many of these measures 6 are specified in the Federal Register of Tuesday 7 December 7, 1971," and that's where they should look 8 so they know precisely what they are supposed to do to 9 follow the federal laws concerning this hazardous 10 substance; correct? 11 A Right. 12 Q Here's a memo, Alcoa 61, from yourself to 13 Mr. Woodward in Vancouver dated July 6, 1972. Do you 14 see that? ^ ..................................... 15 A Right. 16 (Thereupon, Alcoa Exhibit No. 61 was marked 17 for identification.) 18 Q And that's just about the effective date, 19 maybe off by one clay, when the osha regulations took 20 the force of law, came into being; is that correct? 21 A Yes. 22 Q And you --the reference that you make is 23 to marinite dust control. In your May report of air 24 and water pollution control, "I noted the results of 25 efficiency tests of rotoclone and scrubbers in Page 305 Page 307 1 Q It indicates, "All operations involving 1 controlling marinite dust. If your rotoclone 2 asbestos should be critically inspected." Do you see 2 discharges into the working area, it is important that 3 that?......................................................................................... 3 the asbestos fiber content of the discharge be below 4 A Y es. 4 the present standard of five fibers per cc." Did I 5 Q And you could certainly agree with that 5 read that correctly? 6 admonition and requirement by April 1972? 6 A Yes. 7 A Absolutely. 7 Q And you knew and all of Alcoa, in terms of 8 Q "In many cases, it will not be necessary to 8 the industrial and hygiene folks and the safety folks, 9 collect samples and count fibers to recognize that 9 should have recognized by July of 1972 that if there to concentrations are too high." Do you agree with Mr. 10 is any potential exposure to asbestos dust, monitoring 11 Farrah's statement there? 11 needs to be completed to determine the precise level; 12 A Yes. 12 correct? . ... ... ............... 13 q "If inspection o f operation shows a visible 13 A Right. . ... 14 dust cloud or if there is a layer of asbestos dust on 14 Q And you also knewand we saw in the 15 surrounding surfaces, control measures must be 15 previous memo that the only time you didn't need to do 16 instituted at once." And you will agree with that, 16 monitoring was if you saw a visible amount of dust 17 won't you , sir? v _ ' ^ 17 because then you knew for certain that you would be is 18 over the limit and need to follow all the other 19 q "If there is visible dust resulting from 19 regulatory requirements? 20 the operation, then the osha requirements" -- "all of 20 .A Right. ............. 21 the osha requirements need to be met and adhered to," 21 Q And after 1972,after July 6 --July 7, 22 and under those circumstances, it's not even necessary 22 1972, in the event that there were exposures to 23 to have monitoring results, you know that you have got 23 visible dust, in the context o f new construction, or 24 a hazard? 24 tear out, or whatever, then according to the 25 A Yes. Yes, because the limits had been 25 regulations and according to Mr. Farrah's Page 304 - Page 307 Multi-Page TM Page 308 Page 310 1 interpretation of the regulations, all of the 1 A No. I am telling you that the standard 2 requirements would apply of the act, of the osha - 2 would be exceeded if the time weighted average was 3 a Absolutely. 3 above the permissible exposure limit. 4 m r . w alker: Excuse me. I object to the 4 Q You have agreed with me and you have told 5 form of the question, because it assumes facts 5 this jury that Alcoa was required by federal law to 6 not evidence. I think we are talking about 6 take samples if there was any potential exposure to 7 potential of dust containing asbestos and not 7 asbestos; correct? 8 dust in general. 8 A In this time frame, yes. 9 Q Sir, am I correct that your answer to my 9 Q And Alcoa was required by federal law to to last question was absolutely? 10 complete dust testing to determine the levels of n A Yes. We had to comply there, if there was 11 exposure, if any exposure was going on; correct? 12 a regulation, and we had to comply with it. 2 A T h at's right. 13 Q And in the event that, after 1972, at any 13 Q And if, in fact, Alcoa just simply didn't 14 Alcoa facility, workers were exposed to visible dust 14 bother to complete dust monitoring and determine the 15 containing asbestos without respiratory protection, 15 levels, then Alcoa would have been in violation of 16 that would be a violation of OSHA; correct? 16 federal law due to its failure to do the initial, 17 A Not necessarily, no. You are talking time 17 basic monitoring that you have told us and told this 18 weighted averages here. is jury was required? 19 Q Sir, you have already told this jury that 19 A Okay. I misinterpreted you there. Yes, 20 if there was visible dust in the air, it would be 20 there are requirements to sample, per se. 21 known and could be assumed that the permissible 21 Q And you will agree with me, sir, that the 22 exposure levels were being exceeded. Do you recall 22 law is something, especially in the context of health 23 that testimony? 23 and safety, that should be followed? 24 a The concentrations of the permissible limit 24 A Yes. 25 could be exceeded. "One would have to look at the 25 Q And there is no valid excuse for Alcoa or Page 309 Page 311 1 eight hour time weighted average as -- which is w hat 1 any other corporation to ignore federal requirements 2 the standard is based upon, 2 concerning health and safety hazards? 3 Q Well, Alcoa can't look at the eight hour 3 A That's true. 4 time weighted average if it doesn't ever bother to do 4 Q Now, you are also aware, are you not, sir, 5 any monitoring, at all, does it, of a particular 5 that many of the significant osha requirements that 6 operation? 6 came into play starting in 1972 concerning use of 7 a Well, certainly they can observe it for a 7 respiratory protection, concerning use of local 8 sufficient length of time, but in early days, we had 8 exhaust ventilation, concerning other types of 9 no method to m easure it, as we had here, that could 9 personal protective equipment, respirator programs, 10 make meaningful measurements. io change rooms, laundering, caution signs and labels, u Q If there is any exposure going on after n putting those up, keeping exposure records of 12 October of 1972, Alcoa is, under federal law, supposed 12 employees, having employees examined by physicians, 13 to perform monitoring: correct., sir? 13 all o f those various requirements are triggered by the 14 A Yes. 14 level of asbestos found to be in the vicinity of the 15 Q If visible dust is created and a worker is 15 workers? 16 exposed after July of 1972, Alcoa has at least 1 6 A T h a t's right. 17 violated the regulations that requires monitoring; 17 Q And if Alcoa were to perform monitoring of 18 correct, sir? 18 a particular operation and determine that the 19 A No. Again, we have - if that exposure 19 levels -- the pel's were exceeded, then all of these 20 lasted for a full day, if it lasted less than a day, 20 other requirements that you have just listed would 21 then we would have to determine. 21 come into play and Alcoa would have to follow all of 22 Q Are you telling this jury, sir, that the 22 those, as well: correct? 23 regulations as of 1972 indicated that monitoring only 23. a T hat's correct. 24 had to be done if exposures lasted for an entire day; 24 Q But if Alcoa chose not to perform 25 is that what you are telling this jury? 25 monitoring of a certain operation where visible dust Page 308 - Page 311 Multi-Page TM Page 312 Page 314 1 resulted, then Alcoa could take the position that none 1 been adequately informed --the safety personnel had 2 of these other requirements clicked in because they 2 been adequately informed by corporate headquarters 3 didn't have any record that the pel was exceeded; you 3 that these requirements existed and that they had to 4 would agree with that, wouldn't you? 4 be followed0 5 A No. I don't think that would be an excuse 5 A Yes, ihey were advised. W hether they had 6 for not doing or not complying with the standard. It 6 the equipment to do the job -- evaluation at that 7. took time for us to get geared up and learn how to ; 7 time, I am not certain. 8 sample and to. get equipment to do the sampling, 8 MR. w aters: We object to the latter 9 MR. WATERS: Objection to the 9 portion as non-responsive. to non-responsive portion. 10 Q If, in fact, safety and health personnel at 11 Q All right. Sir, you would agree with me 11 the local level failed to implement the initial 12 that it would be an improper excuse for Alcoa to say, 12 monitoring requirements and other requirements of the 13 "Hey, yes, some of these guys may have been exposed, 13 act after July 7, 1972, would you agree with me that 14 but gee, we weren't in a position to actually have 14 they would have done so knowing that, in fact, these 15 monitoring test results, so we don't need to be 15 legal requirements were there, because you and 16 concerned about the remainder of the regulations;" 16 Mr. Farrah told them? 17 that would be improper, wouldn't it? 17 MR. w alker: I am going to object. It 18 A Yes, it would. 18 calls for a legal conclusion. 19 Q And, in fact, as a result of that, would 19 A If they didn't act, it would have been 20 you agree with me that even if Alcoa isn't in a 20 because they didn't have the equipm ent a n d th e 21 position to do monitoring and doesn't do sampling or 21 expertise to sample. 22 monitoring and, therefore, doesn't determine the 22 MR. w aters: Objection, non-responsive. 23 levels, if there is visible dust, then they should 23 Can you read that one back to him? 24 follow through and complete all of the requirements 24 (Record read.) 25 that are found in the osha regs that I previously ran 2 5 . ' a It's a yes to that. :. Page 313 1 through? _ v r *Xw . ____ _ 2 A Well, at the - the least they should do is 3 require personal protection equipment until they found 4 out what exposures were. 5 Q And if they never bothered to find out what 6 the exposures are, then you would believe, would you 7 not, sir, that they should fulfill these other 8 requirements, as well? 9 A If they never did that, never did the 10 evaluation, then l would say shame on them. 11 Q And when you say shame on them, Mr. Bonney, 12 what you are saying is that if the Alcoa people 13 responsible at the local level were following these 14 regulations, failed to conduct dust monitoring as 15 required under the act, then you would criticize them 16 in a significant fashion for that failure? 18 MR. WALKER: Again, I am going to object to 19 the dust monitoring. I assume the question is 20 assuming that dust which contained asbestos 21 material? 22 MR. WATERS: Yes. 23 Q And, sir, you would believe that as of July 24 1972, at Rockdale, Point Comfort and other Alcoa 25 facilities, personnel were adequately trained and had Page 315 1 Q Sir, I want you to assume that between 2 July 7, 1972 and some time in the 1975 to 1977 time 3 frame there were a significant number of exposures to 4 asbestos dust at Rockdale, at which time no monitoring 5 was completed. Will you agree with me, sir, that each 6 and every one of those instances would have 7 constituted a violation of the regulations inasmuch as 8 at a minimum no monitoring was done? 9 MR. walker: Again, I object. It calls for 10 a legal conclusion and is part of the assumption 11 that no monitoring was done. Are you saying it 12 wasn't done? 13 MR. WATERS: I stated that as part of my 14 question. is A If there was no monitoring done, yes, they 16 would be in violation. It would have been i n . : 17 violation. is Q And if Mr. Whatley at Rockdale or 19 Mr. Ramirez at Alcoa was exposed to asbestos dust in 20 that time frame, without protection, and no monitoring 21 was done, then you would agree with me that in those 22 instances Alcoa would have been in violation of the 23 osha regulations? 24 MR. walker: i object. It calls for a 25 conclusion, and it doesn't provide sufficient Page 312 - Page 315 Multi-Page TM Page 316 Page 318 1.. information to properly. answer the question. 1 the things they use is asbestos mill board or paper 2l A Well, it would have been a violation. 2 which is supplied -- indicates the company called 3 MR. w aters: Let's take a break. 3 Ruberoid. Do you see that? 4 THE VIDEOGRAPHER: It's 1:02, we will go 4 A Yes. 5 off the record. 5 Q And that's indicated to be 50 percent or 6 6 more asbestos content, that product? 7 (Thereupon, at 1:02 o'clock p.m ., a v a Yes.:77|{E-:, 8 luncheon recess was taken until 2:05 o'clock 8 q Also talks about Kaylo, calcium silicate 9 p.m.) 9 asbestos combination. Do you see where the asbestos 10 10 content is indicated to be 10 to 15 percent? 11 11 A Yes. 12 Q Do you recall earlier in thedeposition 13 today where we reviewed Alcoa documentation that 14 suggested that the asbestos content of calcium 15 silicate was 6 to 8 percent as opposed to this 16 10 to 15 percent? 17. A Yes. 18 Q He goes on to state, "We are going to be 19 looking at refractory insulating materials for free 20 silica content. That has not yet occurred." Do you 21 see that?..................... 22 \ Yes. 23 Q Here's a memo, February 13, 1973 from the 24 same Mr. Carter regarding niosh training courses, 25 sampling and evaluating airborne asbestos dust? Page 317 A-F-T-E-R-N-O-O-N S-E-S-S-I-O-N THE VIDEOGRAPHER: We will go back on the record after lunch at 2:05. (Thereupon, Alcoa Exhibit No. 61A was marked for identification.) 6 BY MR. WATERS: 7 Q All right. Mr. Bonney, let me show you 8 what I have marked as Alcoa 61A, a memorandum from 9 Mr. Robert Carter to various industrial hygienists. 10 Now, who was Mr. Carter in this time frame, August 1, 11 1972?.................................................................................. 12 A Robert Carter was a member of our 13 industrial hygiene staff, the corporate staff. 14 Q Mr. Carter indicates that he is listing 15 "All the asbestos containing materials used in our 16 furnace, smelting pot and casting equipment 17 construction. We have not made any attempt to include 18 here the asbestos containing materials that are" -- 19 "which are used for pipe lagging," that would be 20 insulation; correct? 21 A Y e s . 22 Q "And other forms of insulation in general 23 construction." Did I read that correctly? 2 4 illill^ i,: 25 Q And he indicates, for example, that one of Page 319 1 A Right 7 2 Q For the record this is Alcoa 63. 3 Paragraph No. 2, "As you may know, some of 4 our operating locations have encountered difficulties 5 in making asbestos fiber count determinations as 6 required under the provisions of the worker exposure 7 standard for asbestos issued by osha in June of 1972." 8 Do you see that? 9 A Yes. 10 (Thereupon, Alcoa Exhibit No. 63 was marked 11 for identification.) 12 Q Do you re c a ll, s ir , th a t in th is tim e 13 frame, after June 1972, there were some difficulties 14 in making or completing asbestos fiber count 15 determinations required under the law? 16 A Yes. I t's really --it takes a lot o f 17 training and a lot of expertise to do an accu ra te job is of asbestos counting. 19 q It goes on to state, "Since we have 20 significant asbestos fiber exposures at a number of 21 our operating locations, it's important that affected 22 locations be able to make accurate asbestos counts." 23 You would agree with that statement wouldn't you? 24;::;i|p 7 lfiil:;;I I '7:7 ll! f if ! 25 Q Okay. Would you agree with me, sir, that Page 316 - Page 319 Multi-Page TM Page 320 Page 322 1 one of the locations where Alcoa continued to have 1 Pittsburgh office? 2 significant asbestos fiber exposures would have been 2 A Right. 3 Rockdale, Texas? 3 Q Did Mr, Caprio work for you? 4 A Yes. As with almost any of the smelters. 4.:. A No. No, 5 Q And the same would be true with Point 5 Q And it appears that, looking at page 2, 6 Comfort, Texas, in this time frame? 6 that this information was sent to Mr. Parker at 7 : A Yes. 7 Rockdale. Do you see that? 8 Q Let me show you what has been marked s A Yes. S M X M i A M r 9 Alcoa 64, U.S. Department of Labor Citation to Alcoa. 9 Q And also to Mr. Carter or Mr. Bonney in 10 Do you see that, dated March 6, 1973? 10 Pittsburgh. That would be you? 11 A \ . 11 A Right. 12 (Thereupon, Alcoa Exhibit No. 64 was marked 12 Q And then at the end, there is a table l? for identification.) 13 entitled, "Predicted Asbestos Dust Concentrations 14 Q And it's concerning an aluminum - or 14 Taken from Actual Measurements of Industrial 15 smelter in Newburgh, Indiana?.................................. 15 Operations." Now, do you have a recollection of 16: i :iw .1 ^ 5 7 :: 16 receiving this document? 17 Q And it indicates, does it not, sir, that 17 A I don't rem em ber that one now, no. is Alcoa was found to be in violation of the regulations 18 Q Let's take a look at the second page of 19 c o n c e rn in g w e a rin g p r o te c tiv e c lo th in g w h ile b e in g 19 that chart, which indicates - let's look at item 20 exposed to excessive levels of asbestos fiber? 20 No. 15, "Rip out of materials, dry." In other words, 21 A M ight I? 21 in a dry state. That indicates, does it not, sir, 22 Q Sure. 22 that the fibers per cc produced by that operation were 23 MR. w alker: While he is looking at that, 23 in excess of 200 fibers per cc? 24 I am going to object. It calls for a legal 24 A Yes, th a t's w hat the letter says. 25 conclusion and states things not in evidence. I 25 Q And that would be approximately 40 times Page 321 1 think it is a citation and not a fine. 2 Q I am sorry. Am I correct, sir, that the 3 violation indicated in this column appears to involve 4 excessive exposures to asbestos and a failure to 5 provide effective engineering controls. Do you see 6 that? Failure to provide effective engineering 7 controls? 8 A Oh, ves. But that has nothing to do with 9 asbestos. 10 Q Let me rephrase the question. Let's look 11 at item No. 4, that involves a failure to provide 12 protective clothing to someone who is being exposed 13 above the osha levels. Do you see that? 14.... A Yes. >: 15 Q Item No. 6. Okay. Strike that. Okay. 16 Let's look at Alcoa 66. Who is 17 Mr. R. C, Hinkle at the Baden Works? 18 A Again, he was another one responsible for 19 industrial hygiene activities a t Baden. 20 Q Okay. n (Thereupon, Alcoa Exhibit No. 66 was marked 22 for identification.) 23 A He was an engineer. 24 Q Okay. And this memo of May 29, 1973, 25 Alcoa 66, is being sent to Mr. Caprio who is at the Page 323 1 what the levelsw ere at that time, the pel;s? 2 A Yes. 3 Q Okay. Now, that's a significant hazard, is 4 it not, sir, that would result from tearing off old 5 pipe covering or old insulation material as described 6 in item No. 15? 7 a Yes, it could be. Again, the m agnitude of s it would depend on the length of the time the person 9 was exposed to it. 10 Q But, certainly, if anyone was exposed for 11 any length of time to levels this high, that would be 12 a significant health concern, and it would certainly 13 be in violation of the regulations? 14..... A Yes, it would. 15 Q Okay. In fact, if you look at ripping out 16 materials that have been wetted down, you still see 17 that you are going to get 50 to 70 fibers per cc which 18 is more than ten times the acceptable limit. Do you 19 see that? 20 A Yes. 21 Q Would you agree with me, sir, that the rip 22 out or removal of asbestos insulation in this context, 23 in this time frame, would be considered an 24 unreasonably dangerous operation? 25 __MR. w alker: Excuse me. I am going to Page 320 - Page 323 Multi-PageTM Page 324 1 object, proper predicate hasn't been laid. You 1 AFor grtoij 2 talk about wet and dry, non-respiratory. 2 Q How do yo\ 3 MR. WATERS: Let'sjust talk about it in 3 million particles p 4 the dry context for starters. 4 a J forget the 5 MR. WALKER: Are you assuming there is no 5 good bit of multip 6 respiratory protection or ventilation? 6 Q You are noti 7 MR. WATERS: Sure. 7 this time; is that a f 8 A Yes. I would say that certainly represents 8 don't have the recol 9 a potentially harmful exposure if these numbers here 9 expertise, as you sit 10 are truly representative, or at least for those 10 analysis? 11 operations that are described there. 11 A 1 wouldn't v /i 12 Q Well, these are the numbers that Alcoa at 12 Q Fair enough. 13 least thought were the kinds of exposures that would 13 Let's look at th 14 result in these operations; isn't that correct? 14 process. Now, it app 15 ..A T hai's right, f am Saying I don't know how 15 that was going to resu 16 many places they sampled. It might have one from one 16 neighborhood of 100 t 17 plant, it might have been from five. I don't know. 17 that? 18 Q And certainly, if workers were exposed to 18 A Yes. x>f"" 19 these types of levels, when ripping out dry asbestos 19 Q And th a t would l\ 20 materials, you would be, I would assume, extremely 20 40 tim es th e a llo w a b le ! 21 critical of that practice in this time frame? 21 correct? 22 A Yes, if it were done without protection. 22 """a Y e s / . ' ? 23 Q Well, in fact, at these levels, am I 23 MR. WALKER: W hat' 24 correct, sir, that the regulations require a number of 24 MR. WATERS: 66. 25 different types of protection? 25 Q Based on these figl Page 325 1 A Yes. That's true. 2 Q Such as caution signs, such as actually air 3 line respirators so air is being pumped, fresh air, 4 into the men; isn't that correct? 5 A T hat's right. 6 Q And, in fact, even a dust mask would be 7 insufficient protection for someone doing this type of 8 work, because o f the high levels that we are talking 9 about? 10 A It would he inappropriate for exposures of 11 that magnitude, hut what I am saying, they should wear 12 appropriate protection. 13 Q Right. And in thisinstance, what we are 14 talking about, appropriate protection would be air 15 purifying respirators as described in the OSHA 16 materials; is that correct? n A Yes. 18 Q And if you look at No. 17 withme, where it 19 just talks about a gentleman's coveralls being covered 20 with asbestos dust, do you see that? 21 A Yes. . 22 Q Even that, on an intermittent basis, would 23 reach the level of five fibers per cc which is right 24 on the borderline of being a hazardous situation; 25 isn't it? IT 1 particularly the figures relate 2 asbestos materials, the 200 pi 3 you agree with me, that there 4 in this time frame a significan 5 Alcoa who were being and hai 6 asbestos above the OSHA stand|f| 7 A If those numbers are r 8 we have in our operation, yes' 9 Q Now, at what point in ti 10 you feel like it was necessary oi 11 advising Alcoa employees that ti 12 connection, that asbestos exposu 13 cancer and other types of cancerY 14 A Certainly in this point ir 15 are talking about, the early '70* 16 Q So by the time in July of - ^ 17 of '72, osha requirements are out ^ 0\A 18 then, the Alcoa employees should* 19 that problem? 20 A Yes. 21 Q And if, in fact, the evidence' 22 would demonstrate that Alcoa emptf 23 were kept ignorant of those facts thi*0* 24 frame, that's something that you wof 25 as a professional industrial hygienist^ Page 330 1 sentence. "It's important that the employees have A I f the 2 enough knowledge about asbestos so that they will criticalo f t\ 3 treat it with respect but without the unwarranted fear q Becat 4 that makes them afraid to even be near it." Do you 4 this before, 5 see that? ... ............. 5 that worker! 6 ap' 7 thePotential 4, 8| Potential * Tht Q. And f/ 10 nowhere , and 11 warning sigi 6 A Yes. 7 (Thereupon, Alcoa Exhibit No. 68 was marked 8 for identification.} 9 Q When you say, sir, "It's important that 10 employees have enough knowledge about asbestos so that 11 they will treat it with respect," in your mind, after 12 1972, that would include telling the worker that this 12 the risk assc1 13 material causes cancer? 13 present, yoi>nS'0 14 A That would be one of theelements,yes. 14 andsomeone110 ' 15 you would| ie 16 A AreJ r 1 7 .employees 1 198' Q Bypi?. i Q Yes, - A T hallF doing, yes.y 124 critQicalAif n d rei 25 regulations, ?ag,e ^ 15 Q Absolutely. 16 Now, sir, am I correct that the osha 17 regulations required Alcoa to advise the employees in 18 the event that they were exposed over the PEL and over 19 the action level? ................................................................. 20 A Yes. That was a common provision of those 21 regulations. 22 Q So that if Alcoa did air monitoring of a 23 given operation and if the exposure levels were over 24 five cc -- five fibers per cc for the eight hour day 25 or above ten fibers per cc per any period of time, Page 331 1Signs? 1 Alcoa was legally obligated to advise those employees 2 that they had been exposed; is that correct? 2 ' 3 A T h at's correct, * " ^ 6 .me 4 Q Okay. Let's take a look at Alcoa 69, which J l f yoi taken at 5 is from Mr. Owen, and it appears a copy came to you **ai sure that 6 and Mr. Carter. It's indicated --stamped ApH 7 "Confidential" in large letters. Do you see that? 8 A Yes. / ] 0 Q a ^ ould there be 9 : (Thereupon, Alcoa Exhibit No. 69 was marked /'/ that would 10 for identification.) * 7 '1 , 'i s Q u 'j6 ^O t f 0/ *ei 11, we don't 11 7 til9ttpj ^ 9K'emplyees because 7s / % ^ ^ that- you know, they ! 1 9 -` pro,***&. -r--t-h-e-yJ would cause a bp ,i of that nature, would - A a*- from your perspective? ,, n rtpropriute response in '23 MT)?0 ' /;Jsrtainly at this time, no, Afr 9 appropriate. ' ^o0^. ja 68, your memo to A)c A"eA'^^oonceming employee exposure to ^ ~ 1974, in particular the last 11 Q March 28, 1974. And it talks about this 12 subject, "Reporting of Asbestos Concentrations to 13. Exposed Employees." Do you see that? 14 A Yes. . 15 Q It says, "Mr. Carter of Pittsburgh 16 Industrial Hygiene advised me today that we are not 17 obligated to report asbestos concentrations of less is than 50 fibers per milliliter or cc to exposed 19 employees provided employees exposed in the range of 20 five to 50 fibers are fitted with appropriate 21 respiratory protection." Do you see that? 22 HHYes. H ! 23 Q That's simply not true, is it? 24 A 1 just don't recall the details of the 25 standard that requires, that. Multi-PageTM Page 332 1 Q Let me represent to you, sir, that there is 2 nothing in the standard that suggests that providing 3 respiratory protection precludes any employer or Alcoa 4 from telling employees when they are being exposed to 5 these significant levels of exposure. First let me 6 ask if you can accept that representation based on 7 your recollection of the regulations. 8 A No. I don't know. I can't recall exactly 9 how the standard was phrased. 10 Q Assume with me for the moment, if you will, 11 that the standard makes no reference-- nowhere in the 12 standard does it state -- and we can look at this if 13 need be, but nowhere does it state that the employer 14 doesn't have to tell the employees they are being 15 exposed to this cancer causing substance if they 16 provide them with dust masks. Can you assume that for 17 the moment? 18 A Okay. 19 Q Assuming that's the case, sir, will you 20 agree with me that this memo from Mr. Owen, that 21 discusses what Mr. Carter says, it would be incorrect? 22 MR. walker: Again, I am just going to 23 object to that as strictly hypothetical in 24 nature. Basically says that something is 25 incorrect isn't incorrect, so I object to it on Page 334 1 something that's not there. 2 m r. w alker: Object as being argumentative. 3 I cannot read them, and if you can read 2(i) into 4 the record, I would appreciate it. 5 MR. w aters: W et method, is that what you 6 are talking? Well, wet method doesn't have 7 anything to d o with what I am talking about. 8 A Right here is ~ 9 Q "The eight hour time weighted average of 10 asbestos fibers to which any employee may be exposed 11 shall not exceed certain levels," and the significance 12 of that?................................................................................... 13 A As it states, "shall not he exposed." If 14 they have a resp ira to r, they a re not being exposed to is -th a t. ' 16 Q Oh, I see. So your testimony is that 17 putting on a respirator means you don't have to worry 18 about any o f these other restrictions, you don't have 19 to worry about levels or anything? That can't be your 20 testimony. 21 A T h at was the in terp retatio n at th at tim e. 22 :th a t if a nian was w earing a p p ro p ria te personal 23'protection, th en he 3yas n o t being exposed; to th e f 2 4 '* |ip f!v -\^ W o n g , whether they 25 in te rp re t th a t rtow,<TdortJt know . T h a t w as the Page 333 1 that nature. 2 . A. If a person is w earing a resp irato r, he is 3 not literally being exposed to 55 fibers per ce. 4 Q All right. Show me in the regulations, 5 Mr. Bonney, where you see some interpretation that 6 says Alcoa is perfectly -- it's perfectly appropriate 7 for Alcoa to expose people to up to ten times the 8 levels and not tell them. Can you find that for me? 9 I will give you the regulations and let you take some 10 time looking at it. Take your time, we will roll the 11 camera. - . ~t:_ 12 m r. w alker: Well, that's fine. Now, are 13 you representing to the court that you are asking 14 him to look at - strictly at these regulations 15 and not other regulations that might be 16 applicable? 17 m r . w aters: Those are the only ones that 18 are applicable. 19 m r . w alker: So that's your 20 representation. Okay. And really they are 21 not -- I am going to object, yoil can't read them. 22 I would be happy to make this an exhibit, but 23 they are blacked out. 24 MR. w aters: I think you can read them just 25 fine. The fact --problem is you can't find Page 335 1 interpretation that Mr. Carter made at that particular 2 time. 3 Q But you will agree with me, sir, that there 4 is nothing in the regulations that states that? 5 .. A. That?$ A!<fca>$ interpretation of the . 6 regulations. \ . "Ikl 7 Q And you are not familiar with any of the 8 language in the regulations that support that, as you 9 sit here today? 10 MR. WALKER: Objection as argumentative. 11 He stated that that's his interpretation of what 12 the regulations say. 13 Q You can answer that question. 14 MR. WATERS: He said that was Mr. Carter's 15 interpretation. 16 Q You can answer my question. 17 A I don't know whether that was our 18 interpreiaiion of the time. 19 MR. WATERS: Could you read the last 20 question back to the witness? 21 (Record read.) 22 . .A At this point in.tupe,>t.d0n't know th a t: . 23: there is anything that denies it or supports it. It 24: was an interpretation a t that time. :i 25 Q Can you think of any good reason, Page 332 - Page 335 Multi-PageTM Page 336 1 Mr. Bonney, why employees should not be told that they 2 are working in and around asbestos dust even if they 3 are wearing some type of mask? 4 .f X VThey certainly should. be told f ta t they are .iVVj 5 working around asbestos dust;: Otherwise, why would --I 6 they wear the mask?'vv ;:' 7 Q Okay. Workers should be told they are 8 working around asbestos dust when its producing any 9 level ofexposure; isn't that correct? 10- A. Almost any. 11 MR. WALKER: Getting back to the 12 assumption, we are talking about 1998? 13 MR. WATERS: It doesn't matter. 14 Q 1974 any good reason you can -- 15 'V A ' Same -- iv?.:-: 16 Q Go ahead. 17 A Twas going to say, it would be the same, 18 1974. 1998. 19 Q In 1974, regardless of what Mr. Carter may 20 have said, you cannot think of any good reason --any 21 appropriate reason to have a policy to avoid telling 22 workers that they are working in and around asbestos 23 dust? .............. 24 A No. No, l can't. 25 Q To the extent Mr. Carter advises and Page 338 1 Mr. Carter is saying, that if you are wearing a 2 respirator, you are not being exposed in excess otMhe 3 standard,.;: 4 Q And in actual fact --let me object as 5 non-responsive. It doesn't even say anything about 6 them wearing respirators, does it? It says that have 7 been fitted with respirators. Do you see that? 8 .A That's the way I would interpretit. 9" Wearing it. 10 Q What Mr. Carter apparently said was that 11 "If employees have been fitted with appropriate 12 respiratory protection, we don't have to tell them 13 when they have these significant exposures." That's 14 what Mr. Carter says, those are his words, are they 15 not? . . 16 A Those are his words, but there is an ;v s 17 interpretation required on that. 18 Q Don't you suppose Mr. Carter would have 19 used the word "wore," as opposed to "fitted," if 20 that's what he wanted to convey? 21 A You chose to use the word "fitted" - he 22 chose to use the word ''fitted,", but '.'fitted," in t h e i :. 23 limited sense, would, make no sense, actually; You 24 .have .to be wearing a respirator, and that's what he 25 m e ^ 'b y bang-fitted,with Page 337 1 Mr. Owen's memoranda were received upon --by Alcoa 2 personnel to avoid advising employees that they were 3 working with cancerous substances, you would agree 4 with me that that would be entirely inappropriate? 5 MR. WALKER: I object. It assumes facts 6 not in evidence. 7 A You might want to take another look a t that 8 letter to find out exactly how he is stating there. 9 Q Sure. 10 A 1guess there is a question on the hooks. 11 (Record read.) 12 MR. WALKER: Again, objection. 13 mischaracterization of the document, because it 14 speaks to reporting maybe to an agency as opposed 15 to informing an employee. 16 MR- WATERS: No, it doesn't. 17 MR. WALKER: That's my objection. 18 MR. WATERS: It says we don't have to 19 report it to exposed employees. 20 Q Go ahead. 21 MR. WALKER: That's my objection. 22 A There is a clarification that's needed to 23 that letter. The notification that you have to 24 provide an emplojee Is that he has been exposed to a 25 limit in excess of the standard. 1 think this is what Page 339 1 MR. w aters: Object to the latter portion 2 as being non-responsive and speculative. 3 Q When you go get fitted for a suit, you go 4 to the store, you try the suit on, they take the 5 measurements, and you leave it there for the 6 adjustments, that's what fitted means, doesn't it, 7 Mr. Bonney? 8 A T h a t's one m eaning of it. 9 Q And when you wear a suit, as you are today, 10 you wouldn't talk about being fitted with that suit as 11 you sit there, would you? 12 A I think this is a semantic problem, the : . 13 problem of semantics we have here. 14 Q We will let the jury make that 15 determination, if you would just answer my question. to A The question, please? 17 Q As you sit here, sir, you are not, are you, 18 fitted with a suit? You are wearing a suit, would you 19 agree with that? 20;.. A I am wearing a suit, yes. 21 Q All right. Let's take a look at part of 22 the act which says, "Employees' Observation of 23 Monitoring," do you see that, little bit hard to read, 24 "Affected employees or their representatives shall be 25 given a reasonable opportunity to observe any Page 336 - Page 339 M ulti-Page Page 340 1 monitoring required by this program and shall have 2 access to the results thereof." Do you see that? 3 A 1 don't see it but I hear it, and 1 4 understand it. 5 Q And you recall that that was one of the 6 requirements under the act, don't you? 7 ,v Yes. 8 Q Now, how in the world are these employees 9 going to understand that they have a right to observe to the monitoring and have access to the results if 11 people like Mr. Carter at Alcoa have decided, no, we 12 gave them respirators, we don't even have to tell them 13 they are being exposed? 14 A I cannot agree with your interpretation of 15 that. If Mr. Carter said fitted and he meant fitted to per se, I would have climbed all over him. Fitted 17 here means wearing. 18 MR. w aters: Objection as non-responsive. 19 Would you read the question back to him? 20 (Record read.) 21 Q How are they supposed to know that, 22 Mr. Bonney? 23 MR. w alker: How are they supposed to know 24 that the monitoring is being --is going on; is 25 that the question? l exposed to som ething th at is t e ^ p a --- they are not going to know or ^ pEL, ^ ^ 1 allow ed to know th e m onitoring. that tbev d is c u s s e d in th e o $HA; co rrec t? S' 35 We j Us[ are ^3^A&^oirifttqpei that, tes a? 1 interpret it;:rio. I think MR. WATERS: Objection, n 'B wrojj,f Let's read the question one, (Record read.) he. A With all those ifs, w ^ Q You would concede tha e* i..l..l....W....i..t.h....t..h..e...i.f..e..,..w...i..t.h...twhmeTri;ecr? Q You would agree with . 14 jury in this case interprets thr 15 Mr. Carter as indicating th a t 0/i5 16 policy to avoid telling employ ^ coa 17 as 50 fib e rs p e r m illilite r as I 65 as high 18 fitte d w ith r e s p ir a to ry p ro t e c 6 ^ een 19 w ith th e in te rp re ta tio n th a t "ferees 20 w ould you agree w ith m e thf 21 p o lic y , th is c o n fid e n tia l m e nthis 22 totally inappropriate? d 23 MR. WALKER: I am goin 24 evades th e p ro v id en c e o f 25 sp e cu la tio n . Page 341 1 MR. WATERS: How are they supposed to know l ' - A If "fitted" means y 2 that they are entitled to know about the 2 worn, yes,-it.Would be a si... 3 monitoring. 3 interpret somethirig like tv t. 4 A They should be told. 4 right as you suggest. f 5 Q But Mr. Carter is saying we don't have to 5 Q Okay. Let me sh o w 6 tell them. That's what he is saying, isn't he? 6 as an exhibit, but Alcoa -- 7 MR. WALKER: Objection.That's a 7 letterhead; you see that th e,, 8 mischaracterization of that. That does not have 8 | 9 anything to do with them being told about 9 Q Engineering Standar 10 monitoring. It has something to do with them io.J.966. Do you see that? 11 being told something about something else. l i . ..." A - Yes. . * 12 A This memo was written in a certain manner 12 Q And it's the standari 13 that can be interpreted in a couple of different ways, l:3 piping vessel and tank insL. 14 and 1would interpret it. from an industrial 14lfkA.: i ! ^ W 15 hygienist's point of view, and that's what he means is 15 Q I s h o w y o u , o n th e 16 to wear, and if you are wearing it, you don't h a\e to 16 in d icates, as specified mat 17 tell them they are over exposed, not exposed, over 17 "Unibestos Pipe InsulatioU- is exposed. is A Yes. ..: P 19 MR. WATERS: Objection, non-responsive. 19 Q "The molded unibe 20 Q Read with me again. "We are not obligated 20 suitable for temperatures' 21 to report asbestos concentrations of less than 50 21 be rigid prefolded pipe in 22 fibers per milliliter to exposed employees." That's 22 fibered amosite asbestos t 23 what he says; right? 24 A: T hat's what it says. 23 silica binder." It goes oi 24 by Pittsbur|h-Corning at? 25 Q If workers are not told that they are being 25: A Yes'.'-. H:':V' '. Ir. 143 Multi-Page TM Page 344 Page 346 q \ 3 aS\>ests - aV>that the Pittsburgh-Corning <90percent pure amosite ,i ^ \Ao V that. I don't even 1 A Yes. 2 Q Okay. And in using the raw asbestos for 3 that process, that apparently created some dust; is 4 that a fair statement? ....... 5 A Never witnessed the operation. ****#. Q U \\e\/e "^agreed with me, sir, 6 Q It says, "The use of asbestos for this 7 operation has been discontinued since November 22, * m0^6 ^ition to observe visible ^ s ^ e s tijn s that by definition, that 9 AosX % a blished b | osha? \\0 know that l could \v\ N negatively. L i^ o ^ aV- ^the earlier document {x'i Q \ xx zs\W*igo that indicated that if obset, you would know that 8 1974." Do you see that? 9 A ..Yes. 10 Q So that means that from July of 1972 until 11 November of 1974, at Point Comfort, they were using 12 this raw asbestos material and mixing it in this 13 format correct? ii v Yes. 15 Q So for a year and a half, since the time ........................ \\6 ' ftjr something - seeing \ f L d o c ^ e> X& ^ o D V-?neraHy> sir? \v9 $qI *$|ds on what is \ao ; \oA x*AA^- tt.^ ^ a k to change \aa t^eta?6 V# Lecs 16 the regulations were put in place, they were 17 continuing to use this procedure, which I think you 18 would agree with me, in and of itself would be 19 violative -- would violate the osha regulations. 20 Do you agree with that, sir? 21 A i have n o idea what the exposures might be. 22 Q Well, let's take a look. "The osha 23 industrial hygienist did not cite us for exposing our 24 employee to concentrations of asbestos in excess of TA ^ v g ^ f t e r changing to 25 those permissible. Undoubtedly this was because he Page 345 ^ e ^ S r d at 3:15. 1 took no air samples but relied only on visual Page 347 1 o Mt- *oa 70 which rI is.a m, emo, rai>well i.n > Pittsbur6gh, rt.ionsof J asbestos stan Do you see 7 that? 8: : ;A Yes.:|f f f I f f ls > 9 (Thereuf ,0 for d ,, , f martel1 II Q DoyoVas you 12 sit here? 13 f \ .A Not 14 arcumstat 15 Q Fair a. 16 Point Comfois of, the 17 asbestos stanCestos and 18 molasses. Th)ace 19 between the o,ed. f-or i.t 20 in the pot she! 21 A Yes. 22 Q A m lc 23 employees weJs Qf 24 asbestos shortflsses 25 and then inset Page 344 - Pag" 2 observation. " Do you see that? 3 A Yes. 4 Q What that means, your notes here, is that 5 the osha industrial hygienist observed some visible 6 dust resulting from this operation. Do you agree with 7 that, sir?..................................................................................... 8 A What he observed, 1 don't know. 9 Q You don't recall what you meant when you 10 created this memorandum? 11 A Let me look at the document here. 12 Okay. 13 Q Does that help you recall, sir? 14 2 A A Little bit. 15 Q Do you believe that to be the case, sir, 16 that the OSHA industrial hygienist found a violation 17 not by creating --or, not by doing some dust sampling 18 but rather because he observed visible dust? 19 A Well, it doesn't say he observed visible 20 dust, b u t he observed the operation, and the 21 operation, per se, apparently was of a concern to him. 22 Q The operation, per se, this mix of raw 23 asbestos was the reason Alcoa was found to be in 24 violation of the asbestos standard; correct? 25 m r. WALKER: Excuse me. I think that I M ulti-Page TM Page 348 Page 350 1 mischaracterizes it. I thought he said did not 1 A Yes. 2 cite us for exposure in paragraph two. 2 (Thereupon, Alcoa Exhibit No. 72 was marked 3 MR. w aters: Well, whatever. 3 for identification.) 4 Q Gan you answer my question? 4 Q And you indicate that "Regarding our recent 5 MR. WALKER: Do you remember the question? 5 phone conversation, I believe there are convincing 6 A I ju st don't know what the basis for that 6 reasons for us to find substitutes for asbestos." Do 7 citation would have been. 7 you see that?.................................................................... 8 Q Okay. You do say, however, here, s 9 "Contesting the citations could at best result in 9 Q "We believe that it is in the interest of to reducing their number rather than eliminating them 10 our employees' health to eliminate the use of such 11 entirely." Do you see that? 11 materials whatever possible. " Do you see that? 12 A Yes. 12' a Yes. 13 Q So you recognized that regardless of 13 Q And the reason you felt it was best to 14 Alcoa's position on this thing, you all were going to 14 eliminate asbestos materials was because of the 15 be found to be in violation of the regulations to some 15 inherent difficulty with controlling or limiting 16 extent?............................ 16 potential exposures? 17 A T h a t's right. 17 A Yes, to reduce or eliminate. 18 Q And at that time, you recognized that Alcoa 18 q You go on to state, "In the case of 19 had violated the regulations in some fashion, and 19 asbestos, we have additional legal and economic 20 presumably that was one of the reasons they stopped 20 incentives to look for substitute materials." Do you 21 this practice of mixing the raw asbestos on 21 see that? 22 November 22, 1974. Would that an fair statement? 22 A Yes. 23 A Yes. They discovered they w ere still doing 23 Q And the cost associated with trying to 24 it. T h at's why they discontinued. They didn't know- 24 follow the asbestos regulations was considerable and 25 it w as.still being perform ed. 25 it was of some concern; would you agree with that? Page 349 1 Q No one focused on that until an OSHA 2 industrial hygienist noticed the practice and 3 expressed concern about it? 4 A That's correct. 5 Q And then you state, "The operation as 6 described to me was one that we would not be too proud 7 of. " Do you see that? 8 A Yes, I. d o ... 9 Q And when you heard that Alcoa employees 10 were mixing raw asbestos in this fashion, as late as 11 late 1974, you were appalled, weren't you? 12 A I don't recall being appalled. 1certainly 13:::\va>n't happy. 14 Q Something that caused you extreme concern 15 for the safety of the employees who might have been 16 involved in that operation? 17 A All rig h t Yes. 18 Q .Where is Mr. Carter these days? 19 A I think Mr. Carter died. 20 Q Oh, did he. Well, I guess he won't be 21 answering any questions. 22 A Not too many. Not to us, 23 Q Here's a memo from you to Dr. Bovard at the 24 Vancouver operations, August 28, 1975, Alcoa 72 for 25 the record. Do you see that? ......... ........ Page 351 1 A 2 Q You say, "Where airborne fibers are present 3 we must at least do air sampling and analysis and 4 provide special medical examinations none of which 5 come without cost. Furthermore, all violations of 6 asbestos exposure limits are classified as serious 7 violations, " Do you see that? 8 " t, A Yes. 9 Q And would you agree with me, sir, as a 10 result of your interpretation there, that to the 11 extent there were occasions after 1972 when Alcoa may 12 have been in violation of the osha regulations, such 13 as the last example we saw in Point Comfort, that 14 those Were, in fact, serious violations? 15 A Yes, 1 believe they were. T hat was 16 strictly a technical classification. 17 Q You go on to state that "We have strong 18 incentives to find suitable substitutes for asbestos. 19 In doing so, we will assure ourselves of a healthy 20 working environment, eliminate the very real 21 possibility of violating an osha standard whose 22 consequence can be costly engineering control and 23 eliminate the costs of special medical examinations 24 and industrial hygiene evaluations." Do you see that? 25 a Yes. . Page 348 - Page 351 Multi-PageTM Page 352 1 Q In that paragraph, you list three different 2 economic reasons -- cost reasons for eliminating 3 asbestos. One is costly engineering controls, another 4 is the cost of special medical examinations, and the 5 third is the high cost of these industrial hygiene 6 evaluations or sampling processes. Do you see that? 7 A Yes. 8 Q And do you recall, as of August 1975, that 9 in your mind, those cost considerations were important 10 cost considerations? 11 A They were important if you spent them and 12 you didn't have to spend them. 13 Q Let's look at Alcoa 74. an April 15, 1976 14 Alcoa document addressed to Mr. Mueller from --excuse 15 me, from Mr. Mueller at Rockdale Safety and Health to 16 Mr. McGregor at Rockdale. Do you see that? 17 A Yes.' 18 (Thereupon, Alcoa Exhibit Mo. 74 was marked 19 for identification.) : 20 Q It states that "The hazardous nature of the 21 asbestos mill board spacer strip used between pot 22 shells and cradles was discussed. It was pointed out 23 that new unused material poses no problem since the 24 asbestos fibers are bonded," et cetera et cetera. 25 "However, after prolonged service at high Page 354 1 personnel; isn't that a fair statement? 2| A Yes. 3 Q All right. Were you aware, sir, that the 4 Rockdale Works created an industrial hygiene manual in 5 1977? 6 A I think I was aware that they put some type 7 of a document together, but escapes my mind exactly 8!; what it contained. 9 Q Okay. Were you aware, sir, that as of that 10 time, that is to say, 1977, asbestos was still being 11 used in a number of capacities at Rockdale; 12,,for example, asbestps gaskets? 13: : A Yes. 14 MR. WALKER; The question was were you 15 aware of it, Do you have personal knowledge? 16: A I - specifically, Rockdale, no. 17 Q You were not. Okay. Let me just show you 18 where it says, "Asbestos is used in spout gaskets at 19 the Percy." Do you see that? 20 A Yes. 21 Q Were you aware that as of 1977, the 22 asbestos marinite product, a product that was first 23 identified as a hazard in the early 1960's was still 24 being used at Rockdale? 25; A Being used throughout (be circuit since Page 353 1 temperatures, the bonding material breaks down and the 2 mill board becomes brittle and crumbly. For this 3 reason, special precautions must be taken. The 4 substitute material has been located and asbestos mill 5 board wi11 be phased out." Do you see that? 6 : A Yes. 7 Q Do you recall, sir, that as late as 1976, 8 Alcoa was still utilizing asbestos mill board that 9 created --that crumbled as discussed here creating a 10 hazard? Do you have a recollection of that? 11 A Not of mill board, no. 12 Q Incidentally, that mill board they are 13 discussing, that's the --and in this context, the way 14 it's being used, a person who worked with the pots or 15 the pot lining department would be someone who could 16 be subject to exposure to that material. Would you 17 agree to that? is A 1 don't know what they do, how they do it, 19 with this material. 20 Q I beg your pardon. Where it indicates used 21 between pot shells and cradles. Do you see that? 22 A Yes. 23 Q Well, the workers that would be handling 24 that equipment, and for example, removing old crumbly 25 friable mill board, would be pot liners and pot room Page 355 it they couldn't find any suitable substitute. 2 MR. WATERS: Objection to non-responsive as 3 after -- to everything after "used throughout the 4 circuit." 5 Q Okay. Were you aware that asbestos gasket 6 cloth was being --was still being used in 1977 at 7 Rockdale? 8 A Not that specific material. 9 Q It indicates that "At Rockdale, materials 10 used in insulating furnace test pipes, pots, et 11 cetera, are of various compositions including 12 asbestos." Do you see that? 15 A Yes. . 14 Q You certainly were aware as of 1977 there 15 was still a significant amount of pipe covering and 16 other thermal insulation containing asbestos in place 17 at Alcoa Rockdale? 18 A Yes. I assume that there still could be 19 material in the pipeline. 20 Q Let's look at this section. This is under 21 the mechanical maintenance department. Do you see .22 that? 23 A Yes. 24 Q Are you aware that this is where 25 Mr. Whatley was employed at Rockdale? Do you recall Page 352 - Page 355 M ulti-Page1 Page 356 l that?..................................................................................... - A Well, r would assume that that is where a 3 pipefitter would be working. 4 Q Okay. Fair enough. Under "Insulation," it 5 says, "Fiberglass, K-wool and a small amount of old 6 asbestos heat insulation are used in hot equipment 7 installation, thermal insulation on regenerators and 8 carbon plant mixers. If deteriorating, dusting can be 9 an irritant and respirators should be worn. All old to asbestos should be handled carefully without creating 11 a dust cloud with disposal to an approved dump area." 12 Do you see that? 13; A ' Yes. 14 Q It says, "Dusting from asbestos can be an 15 irritant. " Do you see that? 16 A Yes 17 Q Actually, we know now and Alcoa knew then 18 that dusting could be more than an irritant; didn't 19 Alcoa know that? In fact, didn't Alcoa know at that 20 time that asbestos dusting could cause cancer? 2ii; A In t h e '70's, you are talking ahout? 22 Q 1977 is the date. 23 A Yes. 24 Q Okay. It also says that respirators 25 should be worn if there is dusting. Would you agree l exposed to asbestos insulation from pots? Page 358 3 Q Asbestos mill board. Now, we saw a memo 4 that indicated that that material was supposed to be 5 substituted, and that, in fact, there was appropriate 6 substitute for asbestos mill board way back in 1975. 7 Do you recall that? s A Yes. W hat's the date of this? 9 Q 1977. 10 It appears, sir, that in 1977, "They are 11 still using asbestos mill board even though they have 12 told us that there is a substitute available." Do you 13 see that? ........... ..... ^ _ ...................................... 14 A Yes, I do. 15 Q And you, Tom Bonney, from Pittsburgh, had 16 sent out a policy and told these people to stop using 17 asbestos mill board two years before this, hadn't you? 18 MR. WALKER: I object to the form of the 19 question. It mischaracterizes his testimony. I 20 think it was replace as time goes on. 21 MR. w a t e r s : Whenever. Fair enough. 22 Q You can answer, sir. 23 A 1 don't recall if it said stop using mill 24 board or we were telling them to replace all asbestos 25 m a t e r i a l s t h a t c a n h e r e p l a c e d . Page 357 Page 359 1 with me, sir, that actually the regulations require 1 Q Right. And you told them that one material 2 that asbestos --excuse me, that respirators have to 2 in particular for which there was a totally, 3 b e w o rn in this situation? 3 absolutely available and workable substitute was this 4 MR. w a l k e r .- I o b je c t to th e fo rm o f th e 4 mill board, asbestos mill board; do you recal1 that? 5 question. It assumes facts not in evidence. It 5 A No, I don't recall it. 6 was, if deteriorating, respirators should be 6 Q Do you want me to show you that old memo 7 w orn. 8 .. Q You can answer. 7 again? I guess we will just leave the record. It's 8 in there. If you don't recall it now, it's fine. 9 A Well, I can interpret that as being should 9 Let's look at where it says, "Dug pot 10 be worn, that they were required to be worn, too. to lining." When a pot is to be relined, it's cut out, 11 Q Any reasons as of 1977 that you can think 11 cooled, soaked with water and the bath removed. The 12 of that Alcoa Rockdale wouldn't be indicating to its 13 employees that asbestos can cause cancer? 12 cathode or lining is then broken up with the aid of a 13 pot digging machine and a pneumatic hammer. Okay. 14 a No, I can't. 14 Have you ever observed the process of using a 15 q Let's look at this page, "Asbestos," this 15 p n e u m atic d r ill o r h a m m e r? 16 is in the pot lining department, "This material is 16 a Yes, I have. 17 found in the linings of some old pots as insulating 17 Q You h a v e ? 18 material. When these linings are removed, the 18.;. A rYes/J[ have: : ' 3.. f Y :" 19 insulating materials are dumped in Building 27. If 1 9 .Q And that's a dusty process, isn't it? 20 dusting occurs, inhalation of airborne fibers could 20 A If it's done dry, 21 result in asbestosis, a serious lung disease." Do you 21 Q And if it's done dry, sir, in this context 22 see that? 22 as late as 1977, that would be a dangerous operation, 23 A Yes. 23 wouldn't it? 24 Q Were you aware, sir, that as late as 1977, 24 A It would be an operation of cause for 25 th e re w as still th e poten tial fo r p erso n s to be 25 concern and one that perhaps should be evaluated. Page 356 - Page 359 M ulti-PageTM Page 360 l Q Well, in fact, under the regulations, an 2 operation of that nature has to be evaluated, doesn't 3 it?.......... .... _____________ ........... ........ 4 A If there was asbestos in that mix that they ? were breaking up. yes. 6 Q In fact, here under the specification form, 7 it indicates that there is a possibility of a hazard 8 when you are digging out the pot linings, as we 9 previously discussed, do you see that? io A Yes. n Q Do you recall a product called Mycarta, 12 does that ring a bell? 13 A The nam e seems vaguely familiar, but what 14 it is, I don't recall. 15 Q Well, let me see if this rings a bell. Do 16 you recall Mycarta being a laminated plastic product 17 that contained asbestos and was manufactured by 18 Westinghouse? Ring a bell? 19 A No. 20 Q Do you recall a material called 21 vermicui ite? 22 A Yes. 23 Q And do you understand or have you 24 understood that vermiculite was a substance that was 25 contaminated with asbestos tremolite fibers? Any Page 362 1 wouldn't you? 2 A : Yes. 3 Q So much for Alcoa 75. 4 Sir, did you consider in 1977, in that 5 general time frame, that your industrial hygiene 6 departments at some of the various plants were 7 undermanned or did not have sufficient qualified 8 personnel to deal with all of the responsibilities 9 necessary because of potential hazards and the like? 10 A In that general timeframe, I think that 11 was the case, and we were attempting to upgrade the 12 total corporate effort. 13 Q Okay. Let me show you a memo that - from 14 Mr. C. L. Kamperman, Alcoa 76, dated June 25, 1977, 15 referencing industrial hygiene at the Tennessee 16 operations. Do you see that? A Yes. 18 (Thereupon, Alcoa Exhibit No. 76 was marked 19 for identification.) 20 Q And it appears you were copied on the 21 second page? 22 A Yes. 23 Q If you look at the last paragraph, it says, 24 "Tennessee operations is not alone in undermanned 25 hygiene departments. I understand Warrick, Davenport, Page 361 1 knowledge about that? 2 A Seems to me 1 recall -- aaguely familiar 3 about that. 4 Q Okay. Well, let me show you the end of 5 this 1977 document where it indicated that the ingot 6 department used vermiculite at Rockdale as a 7 refractory or insulating material. Do you see that? S A Yes. 9 Q And apparently the material was delivered 10 in paper sacks and must have come in a powdered form. 11 Do you see where it indicates "Possibility of hazard, 12 none"? 13 A Yes. 14 Q Now, if, in fact, vermiculite did contain 15 or was contaminated by tremolite, an asbestos fiber, 16 you would agree with me that this statement that, 17 there is no hazard, would be incorrect, would you not? 18 A If all vermiculite were i-nntnminated with 19 asbestos type fibers, it would be an area of concern, 20 but you must realize that these were not realized by 21 the professional industrial hygienists. 22 Q Whoever wrote them, these --what the 23 Rockdale personnel had to rely on, on a day-to-day 24 basis, in an effort to keep the workers safe or to 25 keep themselves safe, you would agree to that, Page 363 1 Lafayette, Cleveland and Rockdale also need 2 considerable updating." First of all, did I read that 3 correctly? 4 A Yes. 5 Q Would you agree with Mr. Kamperman's 6 opinion, as of June 1977, that Rockdale needed 7 considerable work in terms of updating their 8 industrial hygiene prog ram? 9 A I know - - 1 don't know about the 10 considerable>;but they would certainly require some n updating, yes. 12 Q I show you a letter, Alcoa 77, found in the 13 Alcoa files, appears to have your initials. Is that 14 your handwriting? ;5 A Yes, it is. 16 Q Regarding occupational Carcinogens Control 17 Act, and in particular it indicates regarding - - 1 am 18 sorry, break this up. They are talking about 19 occupational carcinogens. That's things in the 20 workplace that cause cancer; coirect, sir? 21 A T hat's right. 22 Q And they list a number of substances 23 including --you will see here asbestos, do you see 24 that? 25 :" A Yes, I d o . : Page 360 - Page 363 M ulti-Page1 Page 364 1 Q And there it says, "Asbestos, including 2 chrysotile, amosite, crocidolite, tremolite, 3 anthophyllite and actinolite." Do you see that? At 4 least as the California Department of Health is 5 concerned, it appears, in their opinion, all of these 6 different asbestos fiber types are carcinogens or 7 cause cancer? Do you see that? 8 A Yes. 9 Q All right. Let's take a look at a 1977 -10 September 1977 memorandum from Mr. McClain to a 11 variety of folks. Who is Mr. McClain? Do you recalj? 12 A I really don't know. It seems to me he was ; 13 a supervisor of sorts. Is this Point Comfort? 14 Q It's hard to tell. See how it's got the 15 Alcoa logo there? Well, in any event, the memo is in 16 reference to "Safety. " Do you see that? 17 A Yes. 18 Q Read this statement with me, if you will, 19 "Our overall safety program has improved, all aspects 20 of safety, but we have not directly set out to 21 minimize our chances of killing someone." Do you see 22 that?.............. ....... ................. .......... .......... ........... 23 A Yes. : 24 Q Now,let me ask first if you agree with 25 Mr. McClain, as of 1977 that Alcoa had not set out to .................................................................................Page 366 1 A From your concept perhaps. 2 Q I mean, you want your workers to be safe 3 from hazards whether it's asbestos in the workplace or 4 whether it's things idling on them, don't you? 5 A That's true. My specialty is the health. 6 Q And when Mr. McClain talks about "Our 7 overall safety program has not set out to minimize our 8 chances of killing someone," do you agree with him in 9 the context of the industrial hygiene side? 10 A No. I think McClain was the works manager, 11 and I think he is just trying to get his other 12 managers - getting their attention, and that 13 certainly does. 14 MR. WATERS: Objection to the 15 non-responsive portion. 16 Q Let me show you a memo, this is Alcoa 79, 17 from Mr. Barker at Rockdale to managers at Rockdale, 18 December 12 ,1977, regarding "OSHA industrial hygiene 19 inspection at Rockdale." Do you see that? 21 (Thereupon, Alcoa Exhibit No. 79 was marked 22 for identification.) 23 Q "Attached are copies of the citations 24 received," et cetera, and turning to one of the 25 attachments, if you will look with me, this is Page 365 1 try to reduce, or as he says, minimize their chances 2 o f killing employees, causing death in the workplace 3 or from workplace practices? 4 A What was that question? 5 Q I will get her to read it back. 6 (Record read.) 7 A i don't know that 1can agree. That sounds 8 rather overstated. We can always do heifer than we 9 have in the p a st 10 Q Would you agree with Mr. McClain that, in 11 general, there had been some improvement in safety and 12 health programs by 1977, as compared, for example, to 13 1972 or before that? 14 MR. WALKER: I object to the form o f the 15 question. It assumes facts not in evidence. 16 This memo concerns safety. It has not mentioned 17 safety and health. 18 Q You can answer, sir, if you can. 19 A I don't know that Lean answer that. He is 20 addressing safety. Whether that collectively includes 21 hygiene or not, I don't know. Q Well, certainly, industrial hygiene is a 23 part of safety in the context of restricting or 24 reducing the injuries and deaths by Alcoa employees, 25 is it not? Page 367 1 entitled "Attachment 2," it indicates No. 6, is, and I 2 quote, "Not wearing approved asbestos respirator while 3 handling asbestos, and in addition, questions whether 4 the provided 3M8710 respirator is adequate 5 protection," and it states that "This issue arose in 6 the pot iining cradle insulation department." Do you 7 see that? s A Yes. 9 Q Were you aware, sir, that there was a 10 citation in this time frame at Rockdale'for a failure 11 to wear approved asbestos protection? 12 MR. WALKER: Do you want to see what 13 Attachment 2 is in that letter, Mr. Bonney? 14 Would that help you or not? 15 A I may want to look, hut I am aware that 16 there were citations in one sort o r another in that 17 time frame. 18 Q Well, we will just leave it at that. 19 mr. waters: Objection as non-responsive. 20 Q Okay. Let's look at Alcoa 80, which is a 21 memorandum from yourself, July 28, 1978 regarding 22 elimination of unnecessary.use of asbestos-containing 23 materials. "We have attempted to discourage the use 24 of asbestos at all of our operating locations." Do 25 you see that? Page 364 - Page 367 Multi-PageTM Page 368 i; 2 (Thereupon, Alcoa Exhibit No. 80 was marked 3 for identification.) 4 Q And you indicate that that's for two 5 reasons. First of all, "Excessive exposure to 6 asbestos represents a real hazard." Do you see that? 7 A Yes. 8 Q And that's something you believe? 9 A In '7 8 ,1certainly did. 10 Q "Second,-compliance with the applicable 11 OSHAstandard costs us money which we would not have 12 to spend if substitute materials were used, e.g. for 13 air sampling, medical surveillance, disposal 14 procedures, et cetera." Do you see that? 15: A Yes. 16 Q "Although our plants have made impressive 17 headway, it appears that our goal of eliminating 18 unnecessary asbestos usage is not yet at hand. " Does 19 this memo reflect what we just saw a few moments ago 20 with respect to the asbestos mill board, that even 21 though there was an adequate substitute several years 22 before, Rockdale was still using the asbestos stuff? 23 Is that the kinds of thing you are concerned about in 24 this memo? 25 A Yes, it was. Page 370 1 A Yes. 2 Q And it indicates under "Type of 3 Violations," it says -- the word "Repeated" has been 4 typed in there. Do you see that? 5 I f : I p i i I I I ! 6 Q Do you have a recollection, sir, of there 7 being repeated asbestos violations at the Warrick 8 plant that were of concern in the 1978 time frame? 9 A None, whatsoever. 10 Q Well, does reviewing this document that you 11 received previously, does that refresh your 12 recollection at all on that? 13 a No. I mean other than seeing it does say 14 Repeated" and that there are some violations there. 15 W hat they are, 1 donT recall. 16 Q Let's see if there is anything interesting 17 here. You are not surprised by the fact that there 18 were various asbestos violations, osha violations at 19 different Alcoa facilities throughout the 1970's and 20 into the 1980's, are you, sir? 21 MR. walker: I am going to object as being 22 vague. If you are going to ask him questions 23 about violations, I think you need to be more 24 specific and not generalize it. 25 Q You can answer the question. Page 369 1 Q Okay. "As we visit our plants, we still 2 see asbestos products being used." This is as of 5 Q "We suspect that for many of them there are 6 asbestos-free, functionally acceptable alternates. 7 Because continued use of asbestos products may result 8 in unnecessary health hazards and concerns to our 9 employees as well as additional costs to Alcoa to 10 comply with specific provisions of the osha standard, 11 we believe that it is in Alcoa's best interest to 12 eliminate the use of asbestos products wherever 13 possible," and that had been your policy since at 14 least '74, '75, that time frame? 15 A Yes. . 16 q Let's look at Alcoa 81, which is a series 17 of citations for Alcoa operations, asbestos violations 18 at Warrick, Indiana. 19 (Thereupon, Alcoa Exhibit No. 81 was marked 20 for identification.) 21 Q It looks like the time frame is 22 approximately July o f 1978. Do you see that? 23 A Yes. 24 Q It looks like you were sent a copy of this, 25 "Tom Bonney, Pittsburgh"? Page 371 1 MR. WALKER: If you can. 2 A Yes. I am not surprised if I see a 3 citation here, a citation there, hut as a regular 4 event, I would have been. 5 Q Are you familiar with -- let's see, what is 6 this? This is Alcoa 82, a memo from Mr. Parker at 7 Rockdale to yourself dated August 31, 1978 attaching 8 an asbestos survey form listing those asbestos 9 containing items, which I found in your stores catalog 10 as operating supplies. Do you see that? 11 A Yes. 12 (Thereupon, Alcoa Exhibit No. 82 was m arked 13 for identification.) 14 Q And this Mr. Parker attaches a list, which, 15 among other things, it lists 15 different asbestos 16 items that are still being used at the plant. Do you 17 see that? 18 A \e s . 19 Q And one of those, particularly No. 6, is 20 something called Garlock gasket material, and it says, 21 "Miscellaneous gaskets Do you see that? 22 A Yes. 23 Q And the department is what; is that 24 mechanical or maintenance, mechanical maintenance 25 department? Page 368 - Page 371 M ulti-Page1 Page 372 1 V \es. 2 Q Okay. Do you recall or do you know from 3 your own experience that pipefitters would be persons 4 who would use and be exposed to Garlock gaskets? 5 A I w ouldn't know from my personal 6 experience. 7 Q Well, okay, you don't know from your 8 personal experience, but do you know from something 9 you may have heard from someone else about that type to of material? '.................. 11 A No. 12 Q Take look at Alcoa 83, a memorandum from 13 Kenneth Karsten from the Pittsburgh office dated 14 April 19, 1979, concerning "Tennessee operations, is industrial hygiene audit. " Do you see that? 16 A Yes. 17 (Thereupon, Alcoa Exhibit No. 83 was marked is for identification.) 19 Q It indicates, under -- with respect to 20 asbestos, "Past asbestos sampling has indicated that 21 at tim es th e cu rren t o sh a stan d ard has been exceeded." 22 Do you see that? 23 A Yes. 24 Q It doesn't surprise you that as late as 25 1979, one of your plants was indicating that it had Page 374 1 agree with that? 2 A Yes. T hat's all part of the picture. 3 Q And would you agree with me also that the 4 upgrading that was discussed in the previous letter 5 from that doctor, that Alcoa doctor, had certainly not 6 been satisfactory as of April 1979 at least based on 7 your memo of that date? 8 A Yes,: 9 Q Okay. 10 MR. WALKER: Andy, you h a v e -- th a t's a b ig 11 stack. How much longer? 12 MR. waters: We are zipping right through 13 it. I am not going to use them all, anyway. 14 A Prom ise? 15 Q Promise. I am actually skipping some as we 16 go. That's 85, 86. Now, you had indicated that the 17 policy of substituting nonasbestos for asbestos was 18 enforced by '74 or '75; correct? 19 A Sorry. 20 q You had indicated that the Alcoa policy to 21 substitute wherever possible nonasbestos for asbestos 22 material, such as the mill board we talked about, was 23 in place by 1974 or 1975. Do you recall, general1y? 24 ,a Recommendations to look for substitutes 25 went back even fu rth er than th at. Page 373 Page 375 1 exceeded th e o sh a standard from tim e to tim e? 1 Q This memorandum dated July 30, 1979 from 2 A That can happen at any time, and that was 2 Mr. Sakoian to someone at Rockdale, a Dr. Goltra at 3 the reason for surveillance, to m ake sure it doesn't 3 Rockdale, discusses "Asbestos Substitution." Do you 4 get away from you. 4 see that? 5 Q Remember the memorandum we discussed before 6 that indicated that Rockdale was behind some of the 6 Q "Much effort has been extended to reduce 7 some other facilities and needed upgrading in terms of 7 and eliminate asbestos use in most locations. 8 its industrial hygiene capabilities? 8 However, as can be seen by this report, many uses 9 A D r. Kamperman's letter. 9 still exist." Do you see that? 10 Q Yes. Let's look at Alcoa 84, which is a io,- J l i 11111 11 memorandum from yourself to Mr. Rolf Rolles, dated 11 Q Would you agree, sir, that as of July of 12 April 23, 1979. Do you see that? 13 ; A Yes. ' 12 1979, Alcoa Rockdale was still involved with many uses 13 of asbestos containing materials? 14 (Thereupon, Alcoa Exhibit No. 84 was marked 14 A Yes, to the extent that we had to bring in 15 lo r identification.) 15 the big guns to have a concerted effort to dean out 16 Q And with respect to Rockdale, you indicate, 16 the house. 17 "Rockdale requires industrial hygiene upgrading and 17 MR. walkers: Can w e take a break? 18 more man-hours which are in very short supply." Do 18 MR. waters: Everytime we take a break, 19 you see that?...................................................................... 19 it's 30 to 35 minutes. :o " A Yes. . .7111$ 20 MR. WALKER: The last time I said two 21 Q Would you agree with me that the less 21 minutes. How long was it? 22 industrial hyg ien e m an-hours th at you have at 22 THE VIDEOGRAPHER: 25. 23 Rockdale, prior to 1979, the less ability -- the 23 MR. WALKER: Before th at-- 24 lesser ability Alcoa has to do monitoring and to 24 THE VIDEOGRAPHER: We haven't taken a break 25 observe for unsafe asbestos conditions; would you 25 - less than 20 minutes all day. Page 372 - Page 375 Multi-Page TM Page 384 Page 386 1 Q Alcoa 100 appears to be a handwritten memo 1 They put some numbers into a computer, and that's what 2 to Mr. Rumberger. Is this the article you wanted 3 copies by someone? I am not sure. Would that be his 4 secretary?........................... vvw.. v , ,v.... 5 A Elbe, yes. 6 (Thereupon, Alcoa Exhibit No. 100 was 7 marked for identification.) 8 Q And the attached article is -- indicates 9 "Problems Have Long Plagued Asbestos Firms," from the 10 Wall Street Journal, August 1982. Do you see that? 11 A Yes, 1 do. 12 Q Let's take a look, if you will follow along 13 with me, in this article from the Alcoa files, 14 "Dr. Irving Selikoff, an expert in asbestos related 15 diseases at New York City's Mount Sinai Hospital says 16 a 700 page report produced for the Department of Labor 17 states that between 1940 and 1979 more than 27 million 2 came out. 3 Q Did Mr. Rumberger advise you. upon reading 4 this article, that a significant number of workers 5 were going to continue to develop lung cancer or some 6 type of cancer in the future as a result of this 7 epidemic of asbestos disease? 8 MR. WALKER: Object, states facts not in 9 evidence. v.................................. 10 A I don't recall the article at all, or 11 having seen it. 12 Q Fair enough. Alcoa 101 is a memo from 13 Mr. Rumberger to a Mr. McKune. Do you recall 14 Mr. McKune? 15; A 'N o . ;< mM HS .I M B 16 Q Okay. It's dated October 1982. Do you see 17 that?........................................................................................... 18 persons were exposed to asbestos in one form or 19 another. " Did I read that correctly? 18 A' Yes, l do. 19 (Thereupon, Alcoa Exhibit No. 101 was 20 marked for identification.) 21 Q That would include, presumably, thousands 22 of Alcoa employees, woujdn't it, sir? 23 A 1 have no - I see - I have no idea. 24 Q Approximately --you are not in a position 25 to estimate how many Alcoa employees were exposed to 21 Q It indicates --it's regarding the asbestos 22 engineering standard, and he says, "We do not plan to 23 limit our meeting to just this aspect, which is a 24 longstanding need for an asbestos engineering standard 25 but would also like to discuss other potential Page 385 1 asbestos in the '50*s. '60's or '70's, are you?........... 2 A No, I am not. 3 Q Can you tell us approximately how many 4 Alcoa maintenance workers, pipefitters, et cetera, 5 were employed in that --in those time frames at the 6 various AJcoa plants where asbestos was used? 7 A No. 1 don't have any idea of a number such 8 as that. 9 Q How many employees did Alcoa have 10 approximately at the time you retired, at the time you it retired? 12 A I can only guess, maybe around 40,000 or 13 something of that nature. 14 Q It goes on to state, "Approximately 20 15 million of those people are still alive, some will 16 suffer the ill effects of asbestos. He estimates that 17 the industry should anticipate up to 10,000 cancer 18 deaths a year related to asbestos to the end of the 19 century. Asbestos related diseases include 20 mesothelioma, a cancer of the lining of the lungs; 21 asbestosis, a lung disease similar to emphysema." 22 Now, are you --Mr. Bonney, did you become familiar 23 with, at Alcoa, with the statistics indicating 10,000 24 cancer deaths a year?........................................................ 25 A I am not familiar with that particular one. Page 387 1 exposures, for example, during application of masonry 2 paint. " Do you see that? 3 A Yes. 4 Q Were you aware as of 1982 Alcoa was still 5 using asbestos in masonry paint for which Mr. McKune 6 was concerned about the possibility of exposure? 7 A No. I don't remember that. 8 Q Would you agree with Mr. Rumberger's 9 assessment that as of 1982, there was still a 10 longstanding need for an asbestos engineering 11 standard, still didn't have one? 12 MR. WALKER: l object, it states things not 13 in evidence. 14 QDoes that comport with your recollection? 15 A Yes, we wanted a standard. Although it 16 says engineering standard, it would really be an 17 industrial hygiene standard. They provided the media, 18 the engineering department. 19 Q Did I understand you to testify, sir, that 20 you do not believe crocidolite asbestos was used by 21 Alcoa? Did I understand you to testify to that effect 22 previously? ?3 A Yes, that was our general impression, if 24 it were used, it would be a small amount. 25 Q All right. So you would agree with me that Page 384 - Page 387 Multi-Page TM Page 388 1 crocidoljte wasused or you do not know? 2 A j. do not know '' 3 Q Let me show you Alcoa 102 a memorandum from 4 Mr. Knight at Rockdale, dated January 3 ,1983. All 5 right. It talks about "Asbestos identification in old 6 cowsill insulation." Do you see that?. 7 A Yes. 8 Q As apparently provided by Pabco, it says, 9 "Prior to the early 1970's, all calcium silicates and 10 several other types as well contained asbestos as the 11 reinforcing fiber." You were probably aware of that, 12 weren't you, Mr. Bonney? 13 A Yes. 14 (Thereupon, Alcoa Exhibit No. 102 marked 15 for identification.) 16 Q "Most of the asbestos used was chrysotile, 17 but some other types such as crocidolite and amosite 18 were also used." Did I read that correctly? 20 Q All are hazardous to health? 21 |- A Yes. 22 1 am not saying that there was no 23 chrysotile and amosite. hut l am saving the vast 24 majority of products contained chrysotile, probably 25. much more than.90 percent. Page 390 1 statement of possible exposure on record." Do you see 2 that? 3 A Yes. 4 Q From your standpoint as an industrial 5 hygienist, would you have been concerned about the 6 legal ramifications of having that information in an 7 employee's records? 8 A As an industrial hygienist, 1 would not 9 have any concern. 10 Q Okay. It says, "When an employee submits a 11 request for making an insertion in his or her records, 12 plant personnel should cooperate without necessarily 13 trying to discourage the insertion or educating the 14 employee, unless the employee desires discussion or 15 wants more information. Responding cooperatively in a 16 low key manner is intended to minimize the likelihood 17...pf receiving many such requests. " Do you see that? 18 A Yes. 19 Q Now, would you agree with me that the 20 reason Alcoa wanted to minimize these requests is 21 because, as stated above, their concerns of -- 22 greatest concern was the potential legal liability if 23 these gentlemen were to develop asbestos diseases or 24 asbestos cancers in the future? 25 MR. WALKER: I object. It calls for Page 389 1 Q Okay. But certainly you don't have any 2 reason to dispute that there was crocidolite in some 3 of these other materials at Alcoa facilities? 4 A 3 have no reason to know if some small 5 applications might he crocidolite, no, 1don't know, 6 hut it could he. 7 (Thereupon. Alcoa Exhibit No. 103 was 8 marked for identification.) 9 Q Okay. 103, Alcoa 103, to Mr. Belk from 10 Mr. Rumberger, dated February 24, 1983. "Guidelines 11 for responding to employee requests for documenting 12 potential work exposures. Several plants have had 13 employee requests for notation or insertion in their 14 medical records of past potential exposures to 15 hazardous substances; example, asbestos." Do you 16 recall that, in this time frame, there was some 17 concern that employees wanted their records to reflect 18 that they had had exposures? 19 A 1 don't ranem ber that. 20 Q It says, "Such requests have medical, legal 21 and industrial relations and industrial hygiene 22 ramifications. " Do you see that? 23 A Yes. ..... 24 Q "Of greatest concern is the legal liability 25 of having an incomplete, prejudicial but unchallenged Page 391 1 speculation on the part of this witness. He is 2 not part of that memo. ? A No. 1 have no idea what Belk and Rumberger J were talking about there, and I don't ever remember 5 .seeing that document. 6 Q Okay. Let's take a look at the reason why 7 Alcoa wanted to do that and limit those requests, if 8 you look at Alcoa 104 -9 MR. w alker-. Excuse me, side bar comment. 10 MR. waters: Do you mind waiting until I 11 finish my question, so as not to break it up, so 12 I have to ask it again? 13 q Let me show you - one more time, I would 14 like to show you Alcoa 104, which I think will show 15 you why Alcoa was concerned about these requests. 16 Firstly -17 MR. w alker: Object to side bar comment. 18 Q - let me ask you to read along with me 19 where it says, "Such vague employee statements for the 20 record as, quote, 'my previous work assignments 21 involved furnace demolition with likely exposure to 22 asbestos insulation,' could prove very damaging in the 23 event of trying to settle employee claims 20 to 24 30 years later." Do you see that? 25 a Yes, I do. Page 388 - Page 391 Multi-Page TM Page 392 Page 394 1 (Thereupon, Alcoa Exhibit No. 104 was 1 diseases? v..... v ...............................___ ...... 2 marked for identification.) 3 Q And what they are saying here is if we 4 create a record indicating that the employee may have 5 been --may have had some exposure, and 20 to 30 years 6 later the individual develops asbestos cancer, then 7 it's going to be awfully hard for to us defend against 8 that; that's what they are saying here, isn't it? 9 MR. WALKER: Objection. Calls for 10 speculation and also calls for legal conclusion. 11 A I don't know. The document would have to 12 speak for itself. I am - again, I am not sure l ever 13 saw i t 14 Q Okay. You would agree with me that 15 employee exposures are supposed to be documented under 16 OSHA: correct? 17 A Yes, they are. 18 Q And if an employees is exposed to asbestos, 2 . .. A Yes, it is. ; 3 Q And the reason that we have this 4 requirement to document employee exposures is to 5 assist down the road if the individual does ever 6 develope an asbestos disease in trying to pinpoint 7 that in time that he might have some treatment; you 8 would agree with that, wouldn't you? 9 A I am not sure 1 know if that would be 10 helpful for treatment. 11 Q Well, for example, sir, would you agree 12 with me that a person who develops lung cancer is much 13 more likely to understand and be diagnosed with that 14 cancer at an early stage, early enough to perhaps save 15 his life, if he is undergoing monitoring every six 16 months because of past asbestos exposure? You would 17 agree with that, wouldn't you? 18 A I think you would have to ask the 19 the law of the land requires employers like Alcoa to 20 put that information in the employee file; correct? 21 A la m sorry? MR. WATERS: Read that one back. 23 (Record read.) 24 MR. WALKER: I object, calls for legal 25 conclusion. 19 physicians a question like that. 20 Q Do you know why it is, sir, that the 21 regulations required periodic medical and chest x-ray 22 examinations of persons who had significant exposures? 23 A To determine if there was any progressive 2 i change in the employee's health. 25 Q And that would include, for example, if the ..................... _......................................Page 393 1 A I don't know. I don't know if that was one 2 of the specific provisions of the standard. 3 Q Well, let's take a look at the standard, as 4 of 1972, "Employee Notification: Any employee found 5 to have been exposed at any time to airborne 6 concentrations of asbestos fiber in excess of the 7 limits described in paragraph B of this section shall 8 be notified in writing." Do you see that? 9 A Yes. 10 Q And let me find the other section. It 11 talks about records, exposure records, do you recall 12 that the time frame for retention of exposure records 13 was 30 years? 14 A No, not specifically, but we would retain 15 them indefinitely. 16 Q Indefinitely. Okay. As an industrial 17 hygienist, and understanding that your concern as an 18 industrial hygienist is not supposed to be with legal 19 ramifications 20 or 30 years down the road, you will 20 agree with that, won't you? 21 A Be aware of them, but not be concerned 22 necessarily with them. 23 Q The primary significance of the industrial 24 hygienist's role is to try to reduce or eliminate 25 injuries, correct, industrial and occupational Page 395 1 person developed some type of a nodule or other 2 cancerous condition in his lungs that might ultimately 3 kill him? 4 A Perhaps, but you are out of my field. 5 Q O k a y . v........... ...... ............ ......... 6 A Is that an Alcoa document? 7 Q It certainly is. It certainly is. Which 8 is more important, following the requirements and 9 documenting exposures that employees may have had or 10 failing to document exposures because of a concern 11 about claims for legal liability 20 or 30 years later? 12 A The fundamental need is to document it to 13 determine whether or not a hazardous exposure is -- 14 the employee has been exposed to an exposure, 15 Q Let's take a look at a document from 16 Mr. Rumberger, in Pittsburgh, dated June 15, 1983, 17 reference "Asbestos exposure and potential health 18 hazard. He says, "The need for greater control over 19 potential exposures to asbestos is becoming more 20 apparent. " Do you see that? 21 A Yes, 1 do. 22 Q Now, in actual fact, that had been apparent 23 to you as early as the 1962, 1964 time frame, with the 24 recognition that the marinite materials, when cut and 25 sawed, could lead to a significant exposure to Page 392 - Page 395 M ulti-P age TM Page 396 1 asbestos; you would agree with that, wouldn't you? 2 MR. WALKER: Would it help you to read the 3 entire letter, since I don't think it was 4 addressed to you? 5 A Let me take a look. 6 Q Sure, go ahead. 7 A There was a need for greater control, hut 8 an increasing need for greater control because not 9 only, the standards were becoming tighter but our to appreciatiort of the toxicity of asbestos was beetknidg;;: i !. clearer and looks like it was more of a hazard-.than we ll had anticipated certainly in the early years. 13 Q Okay. Let's look at Alcoa 107, document 14 from Mr. Parker at Rockdale, 1983 July 14, regarding 15 asbestos exposures. It says, "There is one area where 16 additional sampling will be required, that area is in 17 the automotive repair shop, when employees are working 18 with brake linings. As soon as it can be scheduled, 19 we will be conducting tests to determine employee 20 exposures when this work is being done." Do you see 21 that? 22 A Yes. 23 (Thereupon, Alcoa Exhibit No. 107 was 24 marked for identification.) 25 Q Any reason you can think of why monitoring 1 !' A Maybe yes, 1 don't know. Page 398 2 Q 108 is a confidential memo from Mr. Parker 3 again at Rockdale regarding medical surveillance, and 4 let's see, medical surveillance for asbestos exposed 5,,workers, September 20, 1983. Did you see that? 6 A Yes. 7 (Thereupon, Alcoa Exhibit No. 108 was 8 marked for identification.) 9 Q And it lists a number of persons who would to have had the type of exposure that requires medical it monitoring. Such as - do you see machinists, layout 12 persons, carpenters? Do you see that? 13i1 1 1 Yes, 1 do. 14 9 Brick masons, craft helpers; you see that? 15f I I I ! Yes, l do. 16 Q Pipefitters, mechanical millwrights and n garage mechanics? 18 a Yes, I see them. 19 Q "Pots liners indicated to have a sufficient 20 asbestos exposure so that they should be monitored on 21 aregular basis," Do you see that? 22 A 1 see p o t liners, h u t f d o n 't se e th a t th e y 23...shouJd b e tb o n iio re d b e e a u se th e y h a v e , c o n sid e ra b le 24- ^posure;;.w f 25 Q It says, "They had exposure installing Page 397 1 wasn't done for exposures resulting from brake shoe 2 work, you know, in 1972 when it was first required 3 under the act? i A It was considered to he a fairly minor 5 exposure, and I think that our evaluation showed that 6 the levels were insignificant. 7 MR. waters; Well,letme object as 8 non-responsive. 9 Q This document indicates that you had not 10 yet done any monitoring in the context of brake shoe 11 work, brake lining work. Do you see that? 12 A Yes. 13 MR. WALKER: Excuse me. I am going to 14 object. It mischaracterizes. I think it says 15 "where additional sampling would be required," 16 which indicates that some sampling was done prior 17 to that. 18 Q Okay. Itsays, "As soon as it can be 19 scheduled, we will be conducting tests to determine 20 employee exposures when this work is being done." Do 21 you see that? 22 A Yes. 23 Q It certainlyimplies thatthey hadnot 24 conducted such tests in order to determine those 25 exposures; would you agree with that? Page 399 1 Super X insulation and pot shells prior to 1973." Do 2 you see that? 3 A Does it say "exposure"? 4 Q Let's go back to the top. "I have listed 5 the job classifications whose jobs have had the 6 potential for asbestos exposure above the action 7 level," Do you see that? 8 ' A Yes. 9 Q And underneath that he lists pot liners. 10 Do you fql low with me? 11 A Right. Thep fhey would have the potential 12 for being above the action level, 1 would agree with n t 14 Q Okay. Let's take a look at Alcoa 112, 15 which is a listing, if you will follow with me, a 16 number of employees at various plants being medically 17 screened periodically for past and/or present asbestos 18 exposure. Dp you see that? 19 A . Yes, I d o ... 20 (Thereupon, Alcoa Exhibit No. 112 was 21 marked for identification.) 22 Q And it appears that your initials are 23 there, tbb, and you say, "This whole area" -- this is 24 your handwriting, isn't it? 25 not my. handwriting... Page 396 - Page 399 M ulti-PageTM Page 400 Page 402 1 Q Bear with me a second. 1 will see that 521 employees at least as of 1985 are 2 The handwriting on here says, "This whole 2 being screened because of significant asbestos 3 area is a can of worms. The standard requires only 3 exposure. Do you see that? 4 those currently exposed above the limits. Some plants 4 MR. walker: 1object. Assumes facts not 5 check those with past exposures, others don't." Do 5 in evidence. There is - nothing in that 6 you see that? 6 document indicates significant asbestos exposure. 7 A Yes. 7 0 Do you see that, sir? 8 Q What was your understanding of the s A Yes. And I have no knowledge of why they 9 regulatory requirements, current exposures or past 9 have so many and some have so few. I just do not to exposures, persons that needed to be medically to!, know. ll monitored? u Q Well, it would appear, would it not, sir, 12 A I would think that the current exposures 12 if everyone was doing their job the way they were 13 but I think prudence would say to go back to the 13 supposed to, that, at Rockdale, there must have been a 14 previous exposed people as well, but our people were 14 significantly higher level or number of persons 15 medically monitored on a periodic basis. 15 exposed over the years than at any of these other 16 Q Well, there appears to be some confusion, 16 facilities; you would agree with that, wouldn't you? 17 it looks like at some plants --according to that n MR. walker: Again, I am going to object. 18 note, some plants were monitoring people on -- with 18 He has testified that he is not familiar with 19 present or current exposure and other people were 19 those numbers, he doesn't know anything about 20 monitoring folks with past exposure. Do you recall 20 them, so any answer he might give would be purely 21 that? Do you agree with that recollection? 21 speculation. 22 A No. I don't know who generated this, and ... 22 A No, I just don't know. Some may be overly 23 of course, we wouldn't he directly responsible for 23 conservative, some may be liberal. No, I ju st don't 24 entries in the medical file. 24 know that document. 25 Q Okay. Well, what was - from the 25 Q This document, even though your initials Page 401 1 standpoint of Alcoa's perspective, and this document 2 was dated June 1985, what was it that Alcoa was 3 requiring of its facilities in terms of medical 4 monitoring, to the best of your recollection; was it 5 current exposures or past exposures? 6 A I can't answer that. 1 don't know. 7 Q In any event, as you look at this rather 8 lengthy list, about 20 different facilities, you will 9 see that a number of them one, two, three, four, five, 10 six, seven, eight -- nine of those facilities aren't 11 medically monitoring anybody. Do you see that? 12 A Yes, I do. 13 Q And that would include some facilities such 14 as the Arkansas operations, where we have already seen 15 that there was asbestos exposure, and some of the 16 other documents, same with the Vernon Works, we have 17 seen asbestos exposure there, but it doesn't appear 18 from this document that any of those people are being 19 monitored. Do you see that? 20 A 1 know nothing about the circumstances, 21 this - the circumstances behind it. 22 Q You don't have any explanation for why that 23 would be? 24!.: A No, Id o not. 25 Q In any event, if you look at Rockdale, you Page 403 1 are on there, TBB, you saw this document back in 1985 2 before you retired, but you now have no recollection, 3 can't comment on it, at all? 4 A No. I saw it. obviously, but what it's all 5. about, I don't know now. 6 Q In any event, it indicates that Alcoa has 7 521 persons who were being monitored either for past 8 or present asbestos exposure. You will agree with 9 that, won't you? to A T hat's what that says. 11 MR WALKER: At Rockdale? 12 MR. WATERS: At Rockdale. 13 A Rockdale, ves. 14 Q Alcoa 115, Alcoa document from 15 Mr. Fererauch to a number of individuals, dated 16 January 4. 1989. Do you see that? 17 A Yes. 1 do. 18 Q References asbestos, "In the meeting this 19 morning on a variety of environmental issues, the 20 subject of asbestos was discussed. We didn't have the 21 knowledge in the meeting but there were strong 22 feelings that we need to deal more aggressively with 23 eliminating asbestos." First of all, did 1 read that 24 correctly? 25 A Yes. Page 400 - Page 403 M ulti-Page TM Page 404 1 Q And do you recall this meeting, being 2 involved with this? 3 A No. This is not on my shift 4 Q You were gone by then? 5 .:' a;;Yes.; 6 Q I beg your pardon. Okay. 7 "Would you please ensure yourself that, 8 one, the plants are aware of their asbestos situation; 9 two, we are not in violation of any regulations; 10 three, we are doing the right thing. 1989 is a good 11 year to put problems behind us. " Did I read that 12 correctly? 13 A Yes, that's right. 14 Q So as late as January of 1989, 15 understandably after you have left Alcoa's employment, 16 there is still concern being expressed in the 17 Pittsburgh office that they may not be doing the right 18 thing with respect to asbestos and that 1989 is a good 19 year to get started? 20 MR. WALKER: Excuse me. That's two 21 separate questions there. 22 Q Can you answer, Mr. Bonney? 23 MR. walker: It calls for speculation 24 because he wasn't around. 25 A Yes. This is the final cleanup, il you Page 406 1 Mr. Griesbach has given a deposition in this case and 2 has testified that he became involved at Rockdale with 3 industrial hygiene and safety matters in the early 4 1980's and continues, as I understand it, to this day 5 to work for Alcoa as an industrial hygienist in the 6 Rockdale vicinity; okay? 7 MR. WALKER: I object to the assumption 8 that he originally went in safety and hygiene. I 9 think it was safety, and in the '9 0 's, or so, he 10 inherited industrial hygiene. 11 Q In any event, Mr. Briesbach writes this 12 memo on June 21st of 1993, and he talks about Asbestos 13 and Toxic Substance- Control Act training; okay? 14 A Yes. 15 Q And he says, "Attached are the 16 environmental action plans for 1993, which were 17 developed due to our poor environmental audit scores 18 on these two subjects, one asbestos and the other is 19 Tosca training." Do you see that? 20'. '. A Yes, I do. 21 Q This is part of a report that Glade Lands 22 is submitting to Knoxville that month, "From our 23 industrial hygiene perspective, it should be noted 24 that we also rated poor in the 1991 external safety 25 industrial hygiene audit in these two areas." Did I 1 will. This is from the president to his \ ice 2 president. 3 Q Is that thepresidentof the company? 4 A Yes. Page 405 5 Q So in 1989, the president of the company is 6 saying, "Hey, let's take a look around, 1989 is a good 7 year to put problems behind us including, since that's 8 what we are talking about, asbestos problems"; 9 correct? 10 MR. w a l k e r : I am going to o b ject to best 11 evidence rule, document speaks for itself. 12 Q You can answer. 13 A All right. A lot has been done. 14 MR. w aters: Objection, non-responsive. 15 Can you read the question back to him? 16 (Record read.) n a I thought th at's what I had answered. Yes. is any time is a good time to do that, get the final 19 cleanup. Yes. 20 Q Okay. Very good. 21 Now, are you familiar with a name named 22 Gary Briesbach? ' ' ................... 23 A Yes. He came on, I think, in this area 24 late, but I didn't know him well at all. 25 Q Well, let me represent to you that_______ Page 407 1 read that correctly? 2' A .Y es. 3 Q Would it appear to you, Mr. Bonney, that as 4 of 1993, Rockdale is still having some difficulties in 5 terms o f its industrial hygiene audits and in terms o f 6 addressing its asbestos concerns at Rockdale? 7 MR. WALKER: I am going to object. It 8 calls for speculation. He may not be familiar 9 with these since he has been retired for ten or 10 so y ears,.................................................... 11 A Yes, I don't know. You have a new - I was 12 long retired, for one thing, and then you have a new 13 man here, and how he interprets things. 1just do not 14 know, so I really can't comment on it. 15 Q Okay. Let's take a look at a little more 16 detail. Again, this is 1993. "Rockdale operations, 17 including the smelter and the power plant, does not 18 have a current survey o f all asbestos containing 19 areas," Do you see that? 20 - A Yes. 21 Q Is that of surprise to you, in 1993, 22 21 years after osha comes in to play, they still don't 23 have a survey that shows them where the asbestos is 24 located at the facility? 25 A It surprises me, and I thought I saw some Page 404 - Page 407 Multi-PageTM Page 408 Page 410 1 of th at in th e docum ents th at have come before us. 1 Q Okay. You can answer. 2 MR. w aters: Let me object to everything 2 A If Tknew what it meant, I might be able to 3 after "It surprises me" as non-responsive. 3 -have an opinion. 4 Q "The audit team observed minor exposures of 4 Q Do you have a problem understanding what 5 insulation at the power plant which were not marked as 5 coordinated asbestos awareness program means? 6 asbestos or nonasbestos. " Do you see that? 6 A Yes. 7 A Yes. :L, 7 Q Which word is it you don't understand? 8 Q Now, you are aware, are you not, sir, that s A The combination. 9 if materials are not marked, the appropriate policy 9 Q I see. to and the requirement is that you assume that it is in 10 "They have developed a draft of an 11 fact asbestos: correct? 11 awareness program. However, they are in the planning 12 A At this point in tim e, 1 don't know . This 12 stages to develop a more comprehensive training 13 is -- again, these a re new policies here, f have been 13 program and procedures for supervisors." Did I read 14 out Of it. 14 that correctly? 15 Q Well, you recall that the 1972 regulations 15 A Yes. 16 required caution signs to be posted where asbestos 16 Q Would you not have expected Rockdale to 17 materials, insulation materials were located; do you 17 have already developed, by the 1990's, a comprehensive is remember that, 21 years before this memo? 18 training program for supervisors? 19 A I am not. N ot w here asbestos m aterials 19 MR. WALKER: I object, assumes a fact not 20 were iocated. W h ere asbestos controls --w here 20 in evidence, they did not hav a comprehensive 21 asbestos exposures m ight be possible. 21 program. 22 Q Well, sir, if asbestos materials are 22 A l fmd it hard even to speculate. I don't 23 located in a part o f the plant and those materials 23 know what his criteria might he. He may be more 24 have to be removed or renewed in some fashion, 24 demanding in his than his predecessor or less, 25 certainly there is the potential for exposure in that 25 wha tever.:;. Page 409 l process; is there not? 2 A W hen they are rem oved, there is a 3 possibility of exposure, yes. 4 Q And, in fact, this audit team in 1993 5 actually observed exposures to insulation at the power 6 plant. Do you see that? 7 . A T h at's w hat it says. s.; 8 MR. w alker: As far as it's speculation on 9 his part, I mean the document indicates that. He 10 can read the document, that says --it says those 11 words, but he has no personal knowledge of that. 12 Q Mr. Griesbach goes on to state that "The 13 facility has not implemented a coordinated asbestos 14 awareness program ." Do you see that? 15If A Yes. I do. 16 Q Aren't you a little bit surprised that, as 17 late as 1993, Alcoa Rockdale still doesn't even have a 18 coordinated asbestos awareness program? 19 A I don't even know w hat that m eans. 20 Q Well, wouldn't you expect Alcoa to have put 21 together an asbestos awareness program by this time? 22 MR. WALKER: I object on the grounds that 23 it is vague using a term o f coordinated asbestos 24 awareness program might have some specific 25 knowledge in 1993 after the time he had retired. Page 411 1 Q Well, in your involvement with this field, 2 through 1986, did you not expect that your -- that the 3 various facilities that you were responsible for and 4 had dealings with would have had comprehensive 5 training programs concerning asbestos in place by 1986 6 when you left? 7 A I would hope that they - that we had some 8 training program, but whether the program that 1would 9 set up would meet his criteria or not, or vice versa, 10 I don't know. 11 Q Certainly, you would expect by 1986 that 12 there would have been some type of training program 13 for supervisors about asbestos hazards? 14 V Yes. f wouldn't exclude it from it already 15 hang in place, haying some kind of a training. 16 Q Well, it doesn't indicate, sir, that they 17 have redrafted an awareness program or that they are 18 making it any better. He says they have developed a 19 draft of the --an awareness program, 1993. Do you 20 see that? 21 A Yes. 22 Q If, in fact, sir, there was not an 23 awareness program drafted before 1993, would you agree 24 with me that that would be inappropriate given the 25 nature of the hazards of asbestos? Page 408 - Page 411 M ulti-Page TM Page 412 1 A What is an awareness program? 1don't 2 know. 3 Q So you are not able to answer my question? 4 A I am not able to answer, 5 Q Would you have expected, sir, by the 6 1990's, at a facility Alcoa has admitted at least 521 7 employees had significant exposure, that there would 8 have been an employee handbook concerning the hazards 9 of asbestos? 10 MR. WALKER: I am going to object. It 11 assumes facts not in evidence, 521 employees had 12 significant exposure. 13 A I don't know. I don't know. 14 Q Let's take a look at Alcoa 120, a 15 memorandum from Karen Crawl in the Pittsburgh office 16 to a variety of personnel including Dan Peers at 17 Rockdale, Did you know Karat Crawl? 18 A No, 1 did not. 19 (Thereupon, Alcoa Exhibit No. 120 was 20 marked for identification,) 21 Q The reference in this 1995 memo is 22 "Asbestos Awareness Training Instructor Manual." Do 23 you see that? 24 A Yes, 1 do. 25 Q And then at page 5 of this Alcoa document, . ..........____... ................................ Page 414 1 are being harm ed. 2 Q All right. 3 a Reportedly being harmed by asbestos. 4 MR. w aters: Objection, non-responsive. 5 Q I am not asking you if someone was harmed, 6 sir. My question was, and I will have her read it 7 back to you one more time, if you agree that there 8 were significant exposures to family members. 9 Having said that, I am going to ask her to 10 read the question to you one more time. 11 (Record read.) 12 A I th in k I w ill a n s w e r th e q u e s tio n th e w a y 13 I answ ered before. I don't know th a t I can agree or 14 disagree. 15 Q That's a fine answer. 16 (Thereupon, Alcoa Exhibit No. 122 was 17 marked for identification.) is q Let's take a look at Alcoa 122, the 19 asbestos management plan for Rockdale. We just 20 discussed this a few minutes ago. p o you recall that? 21 A Yes. Q And we will look at page 16 where it talks, 23 in 1996, of what Alcoa's long range plan for asbestos 24 is. "Asbestos will likely be present when the plant 25 at Rockdale ultimately closes." Do you see that? Page 413 1 and you can see how it's copywrited, 1995 Alcoa, down 2 here at the bottom. The section 2 is entitled 3 "Potential Health Effects. " Do you s ^ that? 4!|0I:;Ai|lYesl?: 1? Illilll . 5 Q And it says, "Significant exposures to the 6 families of asbestos workers have occurred as a result 7 of contaminated clothing brought home from the 8 workplace prior to our knowledge of the hazards. 9 That's why some care is taken to wear and dispose of 10 protective clothing properly." Did I read that 11 properly? 12 A Yes, you did. 13 Q Would you agree with me, sir, that 14 significant exposures to the families of some Alcoa 15 workers occurred during the: 1950's and 1960's? 16 A I remember very well reading those reports, 17 an d then 1 haven't seen anything subsequent to that, 18 and don't know whether that is a real fact or not. 19 MR. WATERS: Objection, non-responsive. 20 Can you read that one back to him, please? 21 (Record read.) 22 . A I don't know that I would agree or disagree 23 with significant exposures. I do know that these 24 reports vvere out there arid have seen no fotiow up on ' ' 25 that to find out whether or not additional families Page 415 1-..:. A Yes, Id o . 2 Q "It should be noted that estimates to 3 remove all of the asbestos containing materials from 4 the power plant range from 30 million to 100 million 5 dollars. " Do you see that? 6 A Yes, I do. 7 Q And that's the cost to remove the materials 8 in 1996, presumably other amounts of money have been 9 spent to remove other materials before 1996. Would 10 you agree with that? 11 A Yes. 12 Q Okay. And that'sthe amount of money 13 that it would cost to remove asbestos from the 14 power plants, never mind the carbon plant and 15 some of the other facilities at Rockdale; isn't that 16 correct? 17 A That's true. 18 Q And 30 million to 100 million dollars is a 19 lot of money, isn't it, sir? 20 A It is a lot of money. That's a lot of 21 power plant and a lot of asbestos. 22 Q Thank you very much. 23 MR. WATERS: Let's change the tape. 24 THE VIDEOGRAPHER: We are going off the 25 record at 5:08 to change the tape. Page 412 - Page 415 M ulti-Page1 Page 416 1 (Recess taken.) 2 t h e VIDEOGRAPHER: It's 5:09, an d w e 3 changed the tape, tape No. 4. Go ahead, you are 4 on the record. 5 BY MR. WATERS: 6 Q As of 1972, sir, will you agree with me 7 that Alcoa workers at the Rockdale and Point Comfort 8 facilities deserved to be told of the possibility of 9 cancer resulting from exposure to asbestos in the work 10 place? ;! A Yes. I would expect, yes. 12 Q Would you a g re e w ith m e, s ir, th a t if a 13 p o te n tia l h e a lth h a z a rd in th e w o rk p la c e w as 14 s ig n ific a n t e n o u g h to g e t y o u r a tte n tio n , as an 15 industrial hygienist, then it was probably important 16 enough to tell the workers about that issue? n a The time frame? 18 Q Generally. 19 A Generally, at the present time, if I were 20 concerned about something, I would feel that the 21 employees should be informed. 22 Q Well, if a potential health hazard was of 23 sufficient concern to get your attention in 1948, then 24 would you agree with me that it would be of sufficient 25 s ig n ific a n c e to te ll th e w o rk e rs a b o u t it? Page 418 1 :.v A I am asking; what purpose would it serve to 2 tell them? 3 MR. WATERS: Objection, non-responsive. 4 Could you read the question back to him? 5 (Record read.) o A It may have been partially that, but it 7 didn't seem to he necessary. It wasn't necessary at S the time. 9 Q And one of the reasons it wasn't at least 10 at the time was because in the 1940's and the 1950's, 11 you didn't have to worry about the federal government 12 coming down on you for violating the law; isn't that 13 correct? 14 A No, that's not correct. You find today 15 that some physicians--well, maybe not so. much today 16 but a few years ago, would riot tell a person he has 17. terminal cancer. Didn't know if he could handle it. 18 Q And you would agree with me that that would 19 be wrong? 20. . A Today, yes. 21 Q I am a little bit perplexed, are you 22 telling this jury that the value of human health, 23 human life, in the 1950's, at least to Alcoa, is less 24 than the value of that life today? 25 A No, 1am not telling you that. I am Page 417 1 A Not a t that particular time. If it were of 2 significance to do something about it, we would do 3 something about it. 4 Q Well, if it was significant enough that it 5 got your attention, okay, don't you believe that it 6 would be significant enough to advise the workers 7 about it? 8 A Not.in the contest of 1948. The employees 9 were different, and the manner in which,we operated ' 10 was different. U was a paternalistic organization. 11 We look care of those people without necessarily 12 filling them with a lot of information, that they 13 would demand today. 14 Q So you give workers a lot more information 15 today because workers demand and require to be told 16 about the workplace hazards they may be exposed to? 17 A Yes. And they are more informed, a more 18 intelligent employee today than a generation or two 19 ago.. 20 Q So, sir, does a less intelligent employee 21 not deserve the same treatment, not deserve to be told 22 about hazards that could ultimately result in serious 23 injury or death merely because they are less educated 24 in the 1940's than they may be in the 1980's; is that 25 what you are telling this jury? Page 419 1 telling-you that we performed our job in a more one on 2 one, and what needs to be done, do it. Whereas in 3 today, the .same things exist, but it is a more 4 structured fashion, much, much, much more structured. 5 Programs, training, these didn't exist at that 6 particular time. The training was, you would get a 7 group together and you would tell them some things, 8 but now, >d u do training and you repeat it year by 9 year. ' -I 10 Q But there is certainly nothing to have 11 stopped Alcoa from telling its employees in the 1950's 12 about workplace hazards, whether in small groups or in 13 an auditorium; you will agree with that, won't you, 14 sir? 15 A Right. If it served a useful purpose, we 16 certainly would tell them. We were very candid. 17 Q And one such useful purpose would be if it 18 was a good idea to advise the employees that certain 19 materials to which they might be exposed could cause 20 cancer and death, that would be a sufficient purpose 21 in your mind, would it not, sir? 22 A It would be a useful purpose if by telling 23 them these things that they would operate in the 24 fashion that would minimize the hazard to their 25 health. Page 416 - Page 419 Mu Iti-Pagi Page 420 1 Q Is there something about the workers in the 2 1950's that suggests that they are just not 3 intelligent enough or not educated enough to learn ft 4 about hazards from Alcoa and take precautions? ... tt, 5 A No, but they just were not all that I | 6 interested in it. They really were not, 7 Q It doesn't sound --you talk about a Q W e'll 8 paternalistic attitude, but it doesn't sound to me 8 with n, 9 like you have a lot of respect for the intelligence 9 b e e n aj 10 and the ability of Alcoa workers in the 1950's and 10 th e r e ai 11 1960's to be concerned about their own health and it known 12 safety; is that a fair statement? 12 a g r e e w, 13 A No, it's not. I had a lot of respect for 13 b e e n to t 14 th an , they were very bright people, but in this 14 th a t w a y 15 particular are;, they weren't --did not appear to he 15 d o y o u th 16 particularly concerned, and we felt that when problems 16 would ha\ 17 existed, we would solve the problems rather than 17 h a v e a j o b 18 telling the employee what he should do or what the IS A NfoV 19 effects of the material night be. 19 Q He v 20 Q So as a general policy matter, in this 20 th a t h e migi 21 paternalistic attitude you talked about, it was felt 21 la ter becaus 22 by the corporate folks that you didn't really need to 22 th a t's com m 23 tell the employees about these dangers because it 23 MR. WALl 24 wouldn't probably do any good anyway? 24 questions, 25 ; A We would tell them, we would tell them one 25. a :A t m Page 421 1 on one, on occasion, but it was as necessary, as we l. 50 years ahead} 2 felt it was necessary, and again, if it would serve a 2 MR. WATERS: 3 useful purpose to protect the health of the employee. 3 you need the i 4 Q Let me ask you this: If you were, in 1960, 4 MR. WALKER: 5 to poll --take a poll of all the Alcoa Rockdale and 6 Point Comfort workers and ask them if they would like 7 to know what materials in the workplace were known or 5 responding. % 4 .'A .'L ei's g o a f 7l (Record read! 8 suspected to cause cancer, what do you think their 8 Q That'sth eq 9 reaction would have been? 10 MR. WALKER: I object. It calls for 9 to- ... ifc 10 A Thai's the oSr' 11 speculation. 11 we got into that, ex|$/jp: 12 A I don't know. 12150..y:gars ahead; bipf: 13 Q You can't answer that question? 13 W e he w ouldba in i|$ 1 $ ^ 14 A At that particular time, when you are 14 together to:find out 15 getting into a transition period. . .. 15 cdiiid liUhim in with'i Q Well, let's take 1955. 16 heipfu! to him, MR. WALKER: What is the question, I am 17 Q All right, sir. A sorry! 18 me, sir, that whether so A Whether they would be interested in -- 19 his grandfather or his fai^0'os MR. WALKER: No. What do you understand 20 '50's a n d '60's, that the) the question to be? 21 like human beings by Ale- L as MR. WATERS: He understands the question. 22. A There is no questr You don't need to ask him what the question is. 23 Q They alldeserve at5 The question is on the record. We all heard it. 24 to try to do their job in a s9 MR. WALKER: The only question on the 25 regardless of the decade? ^/*C A Y* Ws k S e t< ' WQ,n s Z w ^ Q Ar 3 Afcoa Jy ca\ 4 coyare n , ;;A jyou dc' m y - z z ^ e * j . - ~ * a j 9 S8 ^ r a g t { 6thejob assump or k t's J 7 <? /. a t t jo ^ ea% let me go ahc 7; ^ you recall you fi? * # ? 72 ejJiO n f t^ie ^act ^ ai 73 ^ ' ^ o n was indicated i M / 'Result in exposures ti A.,.. J ' UT- It //Vo. rater than 1116 permissi # c / ev ~ Z eof C 1 ^ 'Jso'S/0Ce,?7?f/e^/VJ ou recall that? 'Sot, s v that document. -i y *n particular, 200 fibers : o/j, L3 Rsi ^ -f or more was in(i'cate(lto k ' % A from that type of work? /Yes* for those operations tha: -f r /^ ^ p led , right. ______ _ <S' % A Q^ Js> '*t. Q Yes, sir. Would you agree with me that if an employee, an Alcoa employee, cc q ;jV.;V.V;V-'tfft day of that type of work in the 1975 and 19 itp /4 frame, that that would, in fact, be a signific. 5 exposure? 6 A Absolutely if would he. j 7 MR. WALKER: Assuming the legitimacy o 8 those numbers. 9 THE WITNESS: Yes. 10 Q Now, I know that you have not met 11 Mr. Griesbach, sir, but I want to represent to } So,% A . ^ Ue-9 u /W r a n d 7% V eV ^ f b\ ^ / . Jg 12 that Mr. Griesbach testified that in the 1973 to 13 time period, he was involved with the tear out a. 14 removal of a furnace at Alcoa Rockdale. Okay. 15 you assume that for me? 16? "9A Yes. . %% L 17 Q He testified that there were no 18 measurements taken, that there was no monitoring A % W Qo >` 0^ - Or V , /e ready to % .ifi . We are on 19 that there were no warnings given and that he had 20 knowledge of the hazards of asbestos during that 21 operation. All right? Can you assume those facts 22 me?.......................................... A l will assume th a t if'rted* all *?> 'vQ'o^ated that you Q Will you agree with me, sir, that those 125 facts are indicative of a violation of not only_____ Multi-Page TM Page 428 1 federal law but also Alcoa policies concerning the 2 hazards of asbestos? 3 A If those facts were indeed true, yes, I 4 would agree with you. 5 Q Okay. And, additionally, sir, if as I 6 indicated b efo re, th ere is evidence o f exposures in 7 either tear out or rip out context in the 1975 to 1977 8 time frame, without monitoring, without wetting and 9 w ithout som e o f the other osha controls, that exposure to w ould also b e in violation o f both th e federal 11 regulations and Alcoa's internal policies? 12 a Yes, it would be. 13 Q Sir, would you agree with me that in 14 r e tr o s p e c t, in h in d s ig h t, it w o u ld h a v e b e e n b e tte r 15 for Alcoa to advise workers in the 1950's about the 16 suspected or the possible connection between asbestos 17 and cancer, and that in doing so, Alcoa might have 18 s a v e d liv e s ? 19 '"A B reak that down. 20 Q I w ill b e h ap p y to rep h rase it, if you 21 like........................................................................................ A If you would, there are two parts there. 23 Q Again, in retrospect, looking back, would 24 you agree with me, sir, that Alcoa would have been 25 better served to advise workers in the 1950's and Page 430 1 MR. WATERS: Let me object as 2 non-responsive. 3 Q You have told us that you were aware as of 4 1955 that asbestos was suspected to cause cancer. 5 With the Doll study in 1955, Alcoa became aware of 6 that link or of that suspected link, and my question 7 therefore is, as you sit here in 1998, looking back on 8 it, wouldn't it have been better if Alcoa had advised 9 its workers, "Hey, there is a suspected link between 10 asbestos and cancer, everybody wear masks when you are 11 working around this material"? 12 MR. WALKER: I hate to do this, but I 13 object to the form of question, assumes facts not 14 in evidence. His prior testimony was there was 15 an article that discussed that, I don't know that 16 he has testified that Alcoa suspected that link. 17 MR. WATERS: Whatever. 18. A Whether it was a carcinogen or anything 19 else - let me p u til this way: I don't think our 20 response would be any different whether it was a 21 carcinogen or someother form of - some other effect 22 That doesn't determine whether,we would tell them. If 23 there was a real hazard to them,:yes, we would fell 24 them what it might be. 25 MR. WATERS: Let me object to Page 429 1 1960's about the suspected link between cancer and 2 asbestos, so that in doing so, workers could have 3 taken precautions and perhaps have saved some lives? 4 MR. WALKER: If you want to break those two 5 questions up. <i A T hat's what 1was trying to do. 7 We didn't know the cancer association in 8 the '50's, Alcoa did not. 9 Q You knew in the 1950's that there was 10 reputed to be or suspected to be a link between the 11 asbestos exposure and cancer. I think you have 12 already told us that. 13 A I don't know whether I knew It to he a 14 fact. I know that these reports passed my desk, but 15 asbestos wasn't a high priority item. 16 Q I understand. In retrospect, sir, don't 17 you think that the gentlemen who spent their lives 18 working for Alcoa would have been best served if they 19 had been told about this suspected connection that you 20 all were aware of at Alcoa as early as 1955? 21 A Again, a suspected connection you are 22 saying, we didn't know that it was a hazardous 23 m aterial, cancerous material, and especially as the 24 way.wie used it, so I don't know what purpose it would 25 serve to transmit inforniatioh''of agpepulatiye'^ Page 431 1 non-responsive, and I am going to --you are 2 going to answer this question eventually one way 3 or another. Let me have her read back to you one 4 more time. Please listen very carefully. 5 THE WITNESS: Chop it down, if you would, 6 if you can. 7 MR. WATERS: Let's have her read it back 8 and I'll see what I can do for you. 9 (Recordread.) 10 A Even in retrospect, I find it difficult to 11 say it would he better to do this and such. Let's 12 grant you that we were of the cancer suspect, hut it 13 was not a potent one, and the risk, as we saw it, was 14 minimal or nonexistent. So what purpose would it have 15 been to tel! them this? 16 Q So even though there was a suspected risk, 17 as indicated in the literature, and looking back at 18 40 years of experience, if you had to do it all over 19 again, you would not have advised Alcoa to tell the 20 workers about that suspected risk? 21 A Well, with what is in my brain now, I would 22 have operated differently. 23 Q And what would you have done, sir, with 24 what is in your brain now, if you had that opportunity 25 to go back and fix this problem? Page 428 - Page 431 Multi-PageTM Page 432 l A At that particular time, Xwould have known 2 that it was a more hazardous material than I 3 suspected, and it was a material that - a hazard that 4 would apply to our industry, and yes, therefore, I A would transmit that information to the employees and / take what steps necessary to protect the employee. 1 Q If the evidence in this case, sir, would i indicate that persons exposed at Alcoa in the '50's 9 and '60's had they not been exposed, would not have 10 been diagnosed with cancer and died as a result, and 11 you had an opportunity to go back and make that 12 change, is that something you would do? 13 A If we knew that this was going to happen or 14 the exposure was related to their disease, should we 15 have done something? Is that what you are asking? 16 Q No, sir. I am saying, as you sit here 17 today, if you knew that you could go back in time and 18 make a difference and tell the workers "You are 19 working around a material suspected to cause cancer, it 20 and if in so doing you were able to save even one 21 worker, isn't that a change that would have been worth 22 making? 23 MR. WALKER: Again, I am going to object. 24 It's speculative, irrelevant and immaterial, and 25 we have been at it 12 minutes. Page 434 l more than ten minutes if want to you keep 2 interrupting. 3 MR. WALKER: Andy -4 MR. waters: rm trying to get an answer. 5 MR. walker: I know it has been a long day 6 and this is evidence and we are all tired, but I 7 really truly think he answered that question and 8 its going -9 MR. waters: No, he didn't answer the 10 question. Everytime he goes back to saying, li "Well, but I didn't know that in 1955," which is 12 not the question. 13 MR. walker: He said, "If I had known that 14 in 1 9 5 5 ,1 would have gone back and made those 15 changes." 16 MR. waters: But that wasn't the question, 17 the question had nothing to do with what he knew 18 in 1955. 19 Q The question, sir, is you know today that 20 asbestos exposure causes lungs cancer; correct, sir? 21? A Yes. 22 Q If you could, hypothetically, go back to 23 1955, when all you knew was the suspected connection 24 and if you could, by telling Alcoa workers then, save 25 even one life, one person who died of lung cancer in Page 433 1 MR. waters: Just trying to get an answer 2 to my question. 3 A I f l thought there was a relationship 4 between exposure and disease, I most certainly would 5 really appreciate the opportunity to - of going back 6 in time and telling that person. 7 Q You know now there is a relationship. Tom 8 Bonney, 1998, knows there is a relationship between 9 asbestos and cancer? 10 A Yes, 1 do. 11 Q And all I am saying to you, sir, is if you 12 could go back in time to 1955 and do it all over again 13 and tell the workers about the cancer hazard or the 14 potential cancer hazard and save even one life, 15 wouldn't you, Tom Bonney, 1998 humanitarian, go back 16 and make that move?_____________________ 17 A I guess my struggle in riot a n s w e r i n g \ ; 18 MR. WALKER: I think that's asked and 19 answered. I think he answered that very 20 question. 21 MR. WATERS: I don't think he did. I 22 didn't ask the same question twice. 23 MR. WALKER: If you want to read it back 24 for me. He said -- 25 MR. WATERS: Look, I am going to take a lot Page 435 l the last 20 years from asbestos exposure, wouldn't you 2 do that, sir, if you had that opportunity? 3 A If I thought Alcoa were responsible, ves, I 4 would. 5 q But you don't feel that Alcoa's responsible 6 in a case like this, do you, sir? 7 . A I don't know that they are or they are not. 8 I do not know. I think it's 9....q.....That's not your issue: fair enough? lo| A Right. ll Q You are not going to come to Rockdale, 12 Texas or Point Comfort, Texas and tell the jury this 13 is not Alcoa's responsibility, are you, sir? 14 MR. WALKER: l am going to object. That 15 question is kind of vague. It may invade the 16 providence of the jury. 17 Q You can answer, sir. 18 A You are asking w hether o r not this case is 19 Alcoa's responsibility. 20 Q You said that you are not in a position to 21 comment as to whether or not Alcoa is responsible for 22 the death of Mr. Whatley or M r. Ramirez, and I just 23 want to confirm with you that if you come to testify 24 at the trial of these cases, you are not going to tell 25 that jury, "Hey, this wasn't Alcoa's fault." Page 432 - Page 435 M ulti-P ageTM Page 436 ..........................................Page 438 1 MR. w a t e r s : If th a t's th e c a s e , I h a v e no 1 A Yes, we certainly were. 2 m ore questions. 2 Q And although some folks may disagree with 3 MR. WALKER: I am not sure that I 3 you or what happened out there, you feel that Alcoa 4 understand your question, and I don't know if he 4 was adequately aware of any of the potential dangers 5 has an opinion on it. 5 that may exist concerning asbestos and that reasonable 6 Q Can you answer, sir? 6 precautions were taken in connection with those 7 A I don't know whether I could testify or am 7 potential risks; would you agree with that? s able to testify whether Alcoa is o r is not 8 MR. w aters: Objection, calls for 9 responsible. 9 speculation. to Q So you will not testify to that effect, 10 A Yes. Yes, we did. 11 s ir , can I h a v e h a v e th a t c o n firm a tio n ? 11 Q And you would also consider Alcoa to be a 12 A One way or the other. 12 rather large and sophisticated company given its size 13 Q You will not testify, A, that Alcoa was 13 and its medical department and engineers and safety 14 responsible; you will not testify, B, that Alcoa was 15 not responsible; is that a fair statement? 14 department and industrial hygienists and the number of 15 employees in the plants all over the world, would you 16 A Yes, I don't know how you can. 16 not? 17 MR. WATERS: l pass th e w itn e ss. 17 A Right, I would. 18 EXAMINATION 18 Q Would you alsoconsiderAlcoa then a 19 BY MR. FISHER: 19 sophisticated user of products such as asbestos that 20 Q Sir, my name is David Fisher. I promise 20 might potentially pose risks but still are looked 21 I will be very brief. I represent J. T. Thorp 21 after and controlled by Alcoa? 22 Company, and I just want to go over a couple of things 22 A Yes, 23 with you. I believe that you had indicated earlier in 23 m r. waters: Objection. Calls for a legal 24 your deposition that you felt that you were the person 24 conclusion and is vague as to what you mean by 25 with Alcoa that was most knowledgeable as to any of 25 sophisticated user, Page 437 1 the potential dangers which may have been out there 1 Q Is it also fair to say that Alcoa does not Page 439 2 concerning asbestos at any given point in time during 2 go around --let me give you a little background, 3 your tenure there at Alcoa? 3 sir. I represent a company called J. T. Thorp 4 A I guess generally, but Lester Cralley, my 4 Company. I think the evidence that the jury is going 5 immediate supervisor, was a toxicologist, and Bert 5 to hear is that around the 1960, '65 time frame, we 6 Dinman. who came in later, was a toxicologist also, so 6 had two pickup trucks with a couple guys in them 7 for the toxicology aspects, 1certainly would lean 7 riding around, installing insulation product or doing 8 heavily on their opinion, but as an industrial 8 some distribution work. Was it Alcoa's general policy 9 hygienist, you do learn a little bit of toxicology. 9 to go around contacting folks like Thorp to help them 10 Q I assume though that you would be 10 out with industrial hygiene, information or making them 11 comfortable stating that if we didn't have industrial 11 aware of potential dangers of products or did you all 12 hygienist, we had the toxicologist there or perhaps we 12 feel that you were pretty up on that by yourselves? 13 had a medical doctor or we had somebody at Alcoa who 13 A The general toxicological nature of 14 could look into those issues and you feel comfortable 14 asbestos, asbestos products, we thought we knew at the 15 in discussing those with us here today, and at least 15 time. If there was anything we wanted to know 16 generally talking about potential dangers of asbestos 16 specifically about some proprietary material, then, 17 and some of the materials reviewed, you feel 18 comfortable being the person that has knowledge of 19 those things in connection with your work at Alcoa? 17 yes, we would go back to whomever supplies it. 18 Q Okay. Would you go to a manufacturer or 19 would you go to the contractor who was may be 20 A Yes. Yes, I was. 20 utilizing it or that type of thing? 21 Q And would you also agree with me that you 21 A Manufacturer most of the time. 22 feel that Alcoa was making a very conscientious and 22 Q But there is nothing that you felt that was 23 thorough effort to be aware of what literature was out 23 out there that you particularly needed to look to 24 there concerning the potential dangers of asbestos 24 Thorp to help you out with as far as potential risks 25 during the time frame that you were with Alcoa?__________ 25 concerning asbestos, was there? Page 436 - Page 439 Multi-Page TM Page 440 MR. w aters: Objection, calls for speculation. There's no evidence that he even knows who Thorp was. A Small outfit like that, no, we wouldn't 5 generally go after them, and if they gave us some 6 toxicological data, we would maybe treat it with 7 suspicion. MR. FISHER: I don't believe I have to ask you anything else, sir. Thank you for your time. MR. w alker: I will reserve my questions 11 until the time of trial. 12 13 (Thereupon, at 5:55 o'clock p.m., the 14 deposition was concluded.) 15 16 17 I-N-D-E-X 2 EXAMINATION BY: Mr. Waters 198 3 ALCOA EXHIBITS: PAGE 5 30 - Memo, 4-9-65 265 40 - Handwritten document 207 6 41 - Historical background on asbestos 226 43 - Handbook 233 7 45 - Material sheet list 237 47 - Memo, 8-21-58 259 8 49 - 1964 memo, "Respiratory protection' 262 53 - Memo, 3-7-68 271 9 54 - Confidential memo 285 55 - Memo, 10-3-68 288 10 56 - 2-20-70 smelting operations 289 57 - Rockdale document 290 11 58 - Committee report, 3-3-71 293 59 - Confidential memo 298 12 60 - Memo, April 1972 304 61 - Memo, 7-6-72 306 13 61A-M emo. 8-1-72 317 63 - Mem. 2-13-73 319 14 64 - Citation, 3-6-73 320 66 - Memo, 5-29-73 321 15 68 - Memo, 2-20-74 330 69 - Confidential document, 3-28-74 331 16 70 - Memo, 12-9-74 345 71 - Memo, 8-28-75 350 17 74 - 4-15-76 Alcoa document 352 76 - Memo, 6-25-77 362 18 79 - Memo, 12-12-77 366 80 - Memo, 7-28-78 368 19 81 - Series of citations 369 82 - Memo, 8-31-78 371 20 83 - Memo, 4-19-79 372 84 - Memo, 4-23-79 373 21 95 - Listing of asbestos materials 378 100 - Handwritten memo 384 22 101 - Memo, October 1982 386 102 - Memo, 1-3-83 388 23 103 - Memo, 2-24-83 389 104 - Memo 392 24 107 - Document regarding asbestos 396 exposures 25 Page 442 CERTIFICATE 2 COMMONWEALTH OF PENNSYLVANIA, ) ) SS: 3 COUNTY OF ALLEGHENY. ) 4 I, Colleen O'Brien Adams, do hereby certify that before me, a Notary Public in and for the Commonwealth 5 aforesaid, personally appeared THOMAS B. BONNEY, who then was by me first duly cautioned and sworn to 6 testify the truth, the whole truth, and nothing but the truth in the taking of his oral deposition in the 7 cause aforesaid; that the testimony then given by him as above set forth was by me reduced to stenotypy in 8 the presence o f said witness, and afterwards transcribed by means o f computer-aided transcription. 9 Id o further certify that this deposition was 10 taken at the time and place in the foregoing caption specified, and was completed without adjournment. 11 I do further certify that I am not a relative, 12 counsel or attorney of either party, or otherwise interested in the event of this action. 13 INWITNESSWHEREOF, I have hereunto set my hand 14 and affixed my seal of office at Pittsburgh, Pennsylvania, on this day of , 15 1998. Page 441 l Index continued; 2 108 - Memo, 9-20-83 112 - Listing of employees being 3 medically screened 120 - Memo 4 122 - Asbestos management plan 5 ----- PAGE 398 399 Page 443 412 414 Colleen O'Brien Adams, Notary Public In and for the Commonwealth of Pennsylvania My commission expires November 19, 1999. Page 440 - Page 443 M ulti-Page TM $3,000 - 386 $3,000 [1] 200:14 & [5] 196:16,23 197:6,10 197:14 I ' [l] 391:22 '26 [l] 234:4 '30'S[1] 233:23 '38 [l] 257:2 '4 0 'S [3] 201:5 257:18 329:21 '45 [2] 257:5,8 '48 [4] 201:11 241:16,23 257:6 '50'S [9] 204:9 251:12,14 257:18 266:2 385:1 423:20 429:8 432:8 '52 11] 241:23 '55[l] 253:1 '60'S [11] 201:6,19,20 204:10 205:17 206:4 257:18 300:4 385:1 423:20 432:9 '62[i] 207:25 '64 [2] 208:1 262:10 '65 [4] 209:16 213:1 218:9 439:5 '66 [l] 213:12 '67[1] 210:11 '68 [1] 210:11 '69[1] 290:3 '70'S [8] 204:10205:17 283:20 284:5 300:4 327:15 356:21 385:1 '72 [1] 327:17 '74 [2] 369:14 374:18 '75 [2] 369:14 374:18 '78 [I] 368:9 '87 [4] 227:24 228:1 230:20,22 '90'S[1] 406:9 'm y 111 391:20 - 0- 004241 [1] 233:11 - 1- 1 [4] 196:18 256:22,25 317:10 1,200 [1] 343:20 1-3-83 [1] 442:22 10 [31 234:17 318:10,16 10,000 [3] 294:11 385:17 385:23 10-3-68 [l] 442:9 100 [7] 275:20 326:16 384:1,6 415:4,18 442:21 101 [3] 386:12,19 442:22 102 [3] 388:3,14 442:22 103 [4] 389:7,9,9 442:23 104 [4] 391:8,14 392:1 442:23 107 [3] 396:13,23 442:24 108 [4] 197:15 398:2,7 443:2 10:00[1] 228:17 10:39[1] 228:22 11 [2] 383:14,18 112 [3] 399:14,20 443:2 115 [1] 403:14 11:45 [1] 272:12 11:52 [2] 272:14,15 12 [5] 199:17,20 200:7 366:18 432:25 12-12-77 m 442:18 12-15-87 [1] 226:24 12-9-74 [1] 442:16 120 [3] 412:14,19 443:3 122 [3] 414:16,18 443:4 13 [8] 248:17 274:16 275:12 277:9,15 278:13 297:19 318:23 14 [1] 396:14 15 [10] 229:25 234:4,17 318:10,16 322:20 323:6 352:13 371:15 395:16 15219p] 196:23 197:12 16 [1] 414:22 17[l] 325:18 1719[l] 197:8 19 [2] 372:14 441:18 1926[1] 234:4 1930'S[3] 232:1 254:25 255:6 1935 [2] 255:15 277:23 1938 [5] 231:11,14 232:1 232:6 256:25 1940[l] 384:17 1940'S [6] 232:19 255:6 258:19 377:23 417:24 418:10 1948 [10] 231:20 232:9 251:3,3 252:17 256:10 270:17,19 416:23 417:8 1949 [2] 234:5,6 1950'S[27] 201:17 202:3 202:12,17 203:10,10 204:1 205:22 213:17 251:10 258:19 284:3 287:4 413:15 418:10,23 419:11420:2,10 422:21 424:9,18,24 425:2 428:15 428:25 429:9 1951 [l] 243:14 1952 [17] 238:2,25 242:5 244:1,7,18 245:5,18,22 246:7,17 248:17 249:1 251:1,25 252:11 254:7 1954 [6] 250:6,12 251:25 252:11,25 254:7 1955 [21] 203:20 237:10 237:12 251:16 252:2,23 253:19 266:18 275:13 278:11,13 421:16 422:1 429:20 430:4,5 433:12 434:11,14,18,23 1958 [7] 259:2 260:1,6 260:15,25 261:14 422:9 1960 [3] 421:4 422:3 439:5 1960'S [13] 204:1 205:23 . 206:11,14 207:20 208:19 222:14 258:20 264:18 354:23 413:15 420:11 429:1 1962 [l] 395:23 1964 [15] 209:16 210:15 218:8 220:5,22 221:5,22 226:1 262:8,16 263:12 264:2 280:6 395:23 442:8 1965 [26] 211:7 212:7,14 212:20,21,22 213:11,16 213:17,23 214:6 215:14 216:4,14 217:20,23 218:8 219:2 221:22 265:9,15 266:10,20 267:5,11 274:25 1966 [3] 210:11 213:5 343:10 1967 [1] 206:6 1967-1968 [l] 267:19 1968 [17] 269:17 270:4 271:1 272:5,21 273:14 277:8 278:13,15 282:5,5 282:20 283:1 285:17,25 286:5 288:9 1969 [6] 210:15 215:7,18 216:3 218:13 220:13 1970 [6] 233:23 289:16 289:17 290:18 291:18 292:25 1970'S[6] 204:2 264:18 328:10 370:19 378:5 388:9 1971 [6] 234:6 293:16 296:16 297:19 298:5 306:7 1972 [31] 218:20 219:21 220:12 246:17 304:15,23 305:6 306:13 307:9,21 307:22 308:13 309:12,16 309:23 311:6 313:24 314:13 315:2 317:11 319:7,13 330:12 346:10 351:11 365:13 393:4 397:2 408:15 416:6 442:12 1973 [5] 318:23 320:10 321:24 399:1 427:12 1974 [11] 329:25 331:11 336:14,18,19 345:6 346:8 346:11 348:22 349:11 374:23 1975 [9] 315:2 329:4 349:24 352:8 358:6 374:23 427:3,12 428:7 1976 [3] 329:4 352:13 353:7 1977 [23] 315:2 354:5,10 354:21 355:6,14 356:22 357:11,24 358:9,10 359:22 361:5 362:4,14 363:6 364:9,10,25 365:12 366:18 427:3 428:7 1978[7] 220:25 221:5 367:21 369:3,22 370:8 371:7 1979 [8] 372:14,25 373:12,23 374:6 375:1 375:12 384:17 198 [l] 442:2 1980 [2] 376:15,20 1980'S [4] 370:20 380:18 406:4 417:24 1982 m 379:22381:24 384:10 386:16 387:4,9 442:22 1983 [S] 388:4 389:10 395:16 396:14 398:5 1984 [2] 214:24 243:15 1985 [3] 401:2 402:1 403:1 1986 [3] 411:2,5,11 1987[1] 229:25 1989 [6] 403:16 404:10 404:14,18 405:5,6 1990'S [3] 222:16 410:17 412:6 1991 [l] 406:24 1993 [10] 406:12,16 407:4 407:16,21 409:4,17,25 411:19,23 1995 [2] 412:21 413:1 1996 [3] 414:23 415:8,9 1998 [15] 196:18 198:16 227:23 241:15 242:17 243:6,21 244:6 246:17 336:12,18 430:7 433:8 433:15 441:15 1999 [l] 441:18 1:02 [2] 316:4,7 - 2- 2 [8] 272:16 288:9 319:3 322:5 334:3 367:1,13 413:2 2-13-73 [l] 442:13 2-20-70 [l] 442:10 2-20-74 m 442:15 2-24-83 [1] 442:23 20 [14] 289:16 326:19 329:25 375:25 385:14 391:23 392:5 393:19 395:11 398:5 401:8 422:20 423:11 435:1 200 [4] 322:23 326:16 327:2 426:21 207 [1] 442:5 20TH [l] 196:1 21 p] 260:25 407:22 408:18 210 [1] 197:15 21st [2] 259:1 406:12 22 [2] 346:7 348:22 226 [l] 442:6 23 [1] 373:12 233 [1] 442:6 237 [1] 442:7 24 [2] 200:10 389:10 24T H [1] 196:10 25 [4] 198:16 362:14 375:22 376:14 25093 [l] 196:6 259[l] 442:7 262 [l] 442:8 265 [l] 442:5 27(2] 357:19 384:17 271 [1] 442:8 28 [5] 199:14 202:15 331:11 349:24 367:21 285 [l] 442:9 288 [l] 442:9 289[l] 442:10 29 [5] 238:2 244:18 282:5 321:24 379:22 290[1] 442:10 293 [l] 442:11 298[l] 442:11 2:05 [2] 316:8 317:3 -3- 3 [6] 215:3 231:9 288:9 293:16 345:1 388:4 3-28-74 [l] 442:15 3-3-71 [1] 442:11 3-6-73 [1] 442:14 3-7-68 [l] 442:8 30 [17] 229:17 265:13,18 275:5 375:1,19 391:24 392:5 393:13,19 395:11 415:4,18 422:20,25 423:11 442:5 304 [1] 442:12 306 m 442:12 31[l] 371:7 317 m 442:13 319 in 442:13 320 m 442:14 321 m 442:14 3 3 .7 .9 [1] 343:9 330 m 442:15 331 m 442:15 345 m 442:16 35 [l] 375:19 350 in 442:16 352 ni 442:17 362 m 442:17 366 m 442:18 368 m 442:18 369 m 442:19 371 m 442:19 372 ni 442:20 373 m 442:20 378 m 442:21 384 in 442:21 386 m 442:22 Index Page 1 located - minimize located [8] 204:20 217:11 268:1 353:4 407:24 408:17,20,23 location [2] 208:1 210:8 locations [9] 263:9 319:4 319:21,22 320:1 367:24 375:7 382:24 383:1 logo [2] 343:7 364:15 longer [3] 304:6 374:11 425:13 longstanding p] 386:24 387:10 look [79] 200:4 207:10 207:13 210:7 212:2 214:15 220:24 221:18 226:10 233:20 234:20 244:17 248:25 249:15 270:8 272:25 289:15 290:10 300:24 301:1 304:12 306:7 308:25 309:3 321:10,16 322:18 322:19 323:15 325:18 326:13 329:23 331:4 332:12 333:14 337:7 339:21 346:22 347:11 350:20 352:13 355:20 357:15 359:9 362:23 364:9 366:25 367:15,20 369:16 372:12 373:10 374:24 376:17 378:17 379:20 382:6,17 383:2 383:21 384:12 391:6,8 393:3 395:15 396:5,13 399:14 401:7,25 405:6 407:15 412:14 414:18,22 424:22 433:25 437:14 439:23 looked [6] 206:5 207:19 271:10 275:1 290:1 438:20 looking [15] 206:20,23 207:17 243:3 280:17 300:2 318:19 320:23 322:5 333:10 422:25 425:11 428:23 430:7 431:17 looks [5] 226:24 369:21 369:24 396:11 400:17 lost [2] 243:7 292:10 Louis [2] 380:13 381:9 low [X] 390:16 lunch [l] 317:3 luncheon [i] 316:8 lung [29] 201:16 202:19 232:14 251:11 252:3 253:13,23 254:5,14,24 255:7 265:11,21,25 266:22 267:6,11 270:10 270:11 275:7 297:2,10 302:8 327:12 357:21 385:21 386:5 394:12 434:25 lungs [3] 385:20 395:2 434:20 -M- machinem 359:13 machinery [i] 345:25 machines m 300:5,14 machinists in 398: li M acRaem 196:23 magnesia [l] 234:5 magnitude [4] 210:14 211:15 323:7 325:11 main[i] 283:22 maintenance [5] 225:11 355:21 371:24,24 385:4 m ajor [l] 302:23 majority m 388:24 makes [2] 330:4 332:11 man [6] 219:5 264:24,25 265:1 334:22 407:13 man-hours pi 373:18 373:22 378:14 management pj 414:19 443:4 manager [4] 265:7 366:10 376:20 377:5 managers p] 260:7 366:12,17 m andatory [l] 277:6 m anner [7] 212:3 227:22 255:21 287:19 341:12 390:16 417:9 m anual [2] 354:4 412:22 manufactured p] 343:23 360:17 383:11 m anufacturer p] 380:5 439:18,21 manufacturers m 293:13 manufacturing m 256:5 Manvillem 381:19 March [9] 271:1 272:21 273:13 282:5,20 283:1 293:16 320:10 331:11 marinite[46] 207:22 208:3,13,21 209:15,23 210:2,7,10 211:7,20 212:2,8 213:17 214:16 214:18,25 215:10,15,15 215:19 216:1 217:25 218:13,21 219:25 220:5 220:8,22 221:22 222:5 223:15,18 262:7,8,17 263:10,24 264:6 284:8 289:19 290:2 306:23 307:1 354:22 395:24 marked [53] 207:10,14 214:13 226:13 233:1,8 237:6 258:25 259:11 262:20 265:18 271:4 285:6 288:17 289:23 290:15293:20 297:16 298:3 304:20 306:16 317:5,8 319:10 320:8,12 321:21 330:7 331:9 343:5 345:9 350:2 352:18 362:18 366:21 368:2 369:19 371:12 372:17 373:14 378:22 384:7 386:20 388:14 389:8 392:2 396:24 398:8 399:21 408:5,9 412:20 414:17 MARKETING tu M ulti-PageTM 196:7 m ask[3] 325:6 336:3,6 masks [3] 273:8 332:16 430:10 mason [2] 273:1 297:24 masonry [2] 387:1,5 masons [4] 223:4,18 225:15 398:14 Massena m 236:24,25 237:16 238:11 253:22 254:4,17 mastic [1] 383:7 material [62] 208:3,7,14 216:25 222:1,11 233:22 236:5 237:3,9,14,16,20 237:22,24 238:2,15,17 247:5 249:25 250:21 263:14,17 273:15 275:24 298:19 313:21 323:5 330:13 343:16 345:24 346:12 352:23 353:1,4 353:16,19 355:8,19 357:16,18 358:4 359:1 360:20 361:7,9 371:20 372:10 374:22 379:2 381:4,5 420:19 425:10 429:23,23 430:11 432:2 432:3,19 439:16 442:7 materials [69] 207:5 215:20 216:1 221:21 233:12 235:13 236:6 237:13 238:14 247:6 248:6,13,15,22,22 249:1 249:9,19 250:13 253:25 254:22 255:22 256:14 260:7 276:20 287:9,23 290:3 295:15 297:8 303:6 317:15,18 318:19 322:20 323:16 324:20 325:16 327:2 328:12 343:13 350:11,14,20 355:9 357:19 358:25 367:23 368:12 375:13 378:25 380:25 382:14 383:3 389:3 395:24 408:9,17 408:17,19,22,23 415:3,7 415:9 419:19 421:7 437:17 442:21 m atter [9] 204:8 212:12 212:16 213:8 253:10 296:12,16 336:13 420:20 matters [l] 406:3 Maxwell [2] 268:1 271:10 may [54] 205:1 206:1,2 210:8 222:24 227:14 237:10 239:17,17,18 243:14 246:1 248:14 256:5 266:12 277:24 278:2 279:4 281:13 288:2 301:12 306:23 312:13 319:3 321:24 329:20 334:10 336:19 351:11 367:15 369:7 372:9 376:12 380:12 382:17,18 392:4,5 395:9 402:22,23 404:17 407:8 410:23 417:16,24 418:6 425:5 426:9 435:15 437:1 438:2 438:5 439:19 McClain [6] 364:10,11 364:25 365:10 366:6,10 McGregor [2] 290:li 352:16 McKunep] 386:13,14 387:5 mean [li] 220:3 221:10 295:19 326:7 366:2 370:13 376:15 383:15 409:9 425:1 438:24 meaning [2] 199:20 339:8 meaningful [l] 309:10 means [15] 234:2 258:13 298:8 334:17 338:25 339:6 340:17 341:15 342:19 343:1 346:10 347:4 409:19 410:5 441:8 meant [3] 340:15 347:9 410:2 measure [l] 309:9 Measurement m 211:3 measurements [4] 309:10 322:14 339:5 427:18 measures [6] 260:li 271:21 291:9 305:15 306:5 329:5 mechanical [4] 355:21 371:24,24 398:16 mechanics [i] 398:17 mechanisms m 210:4 mediam 387:17 medical [i7] 205:12,13 255:18 351:4,23 352:4 368:13 389:14,20 394:21 398:3,4,10 400:24 401:3 437:13 438:13 medically p] 399:16 400:10,15 401:11 443:3 meetm 411:9 m e etin g s 198:22 215:4 386:23 403:18,21 404:1 Mem[l] 442:13 member p] 317:12 377:15 members p] 273:1 414:8 memo [75] 230:8 254:10 259:1,12 264:2,9 265:13 266:20 270:24 273:8 281:5 282:6 283:10,12 284:20,21 290:1,17 297:18 299:10 306:12 307:15 318:23 321:24 329:23 332:20 341:12 342:21 345:13 349:23 358:3 359:6 362:13 364:15 365:16 366:16 368:19,24 371:6 374:7 379:20 384:1 386:12 391:2 398:2 406:12 408:18 412:21 442:5,7,8 442:8,9,9,11,12,12,13 442:14,15,16,16,17,18 442:18,19,20,20,21,22 442:22,23,23 443:2,3 memoranda p] 206:8 337:1 378:9 memorandum pi] 270:25 272:22 274:15 283:4 288:6 291:19 300:6 300:19 304:13 317:8 345:4,11 347:10 364:10 367:21 372:12 373:5,11 375:1 388:3 412:15 memos p] 220:5,22 290:7 men [3] 291:11,14 325:4 Menke[4] 297:17 299:9 299:13 300:25 mentioned p] 259:23 365:16 merely [2] 291:14 417:23 m erit [l] 291:5 mesothelioma [ii] 205:25 206:3,9 226:8 294:10,11,12 295:6 296:7 296:11 385:20 message p] 273:12 285:23,25 messages p] 229:14,15 met [2] 305:21 427:10 method p] 240:15 249:24 309:9 334:5,6 mid [7] 201:20 202:17 203:10 206:13 251:10,12 251:14 might [37] 209:25 210:25 230:8 231:5 234:18 251:11 258:23 270:12 272:9 300:8 302:13 303:12 320:21 324:16,17 329:16 333:15 337:7 346:21 349:15 389:5 394:7 395:2 402:20 408:21 409:24 410:2,23 419:19 420:19 422:14,20 423:14 424:6 428:17 430:24 438:20 Mikeil] 378:21 MILAM [l] 196:1 Miles [1] 205:20 mill [17] 318:1 352:21 353:2,4,8,11,12,25 358:3 358:6,11,17,23 359:4,4 368:20 374:22 milliliter p] 331:18 341:22 342:17 million [7] 326:3 384:17 385:15 415:4,4,18,18 millwrights [4] 223:5 223:18 225:15 398:16 mimeograph p] 300:7 300:14 mimeographs [l] 300:3 mind [U] 212:23 214:3 263:16 266:23 267:8 330:11 352:9 354:7 391:10 415:14 419:21 minds [l] 279:9 m ineiu 207:13 mineral ni 221:25 minimal [4] 198:20 287:8 297:13 431:14 minimize [7] 284:7 Index Page 12 Multi-Page TM m inim um - one 364:21 365:1 366:7 390:16,20 419:24 minimum [i] 315:8 m inor [2] 397:4 408:4 minus [i] 200:11 minute m 376:4 minutes 111] 228:23 229:17 297:23 375:19,21 375:25 414:20 426:1,2 432:25 434:1 miscellaneous m 247:13 371:21 mischaracterization [2] 337:13 341:8 mischaracterizes p] 348:1 358:19 397:14 misinterpreted m 310:19 misleading [i] 296.1 motion [I] 236:19 Mount [3] 271:9 281:6 384:15 movem 433:16 Mt[l] 281:9 Mueller [2] 352:14,15 Mullinm 197:18 multiplem 228:8 multiplication [i] 326:5 m ust [9] 221:1 276:4 281:7 305:15 351:3 353:3 361:10,20 402:13 Mycarta [2] 360:11,16 -Nnamepi 247:7 298:16 360:13 405:21 436:20 named m 267:25 405:21 non-res piratory m 324:2 non-responisve m 269:25 non-responsive [ss] 201:24 203:1 207:1 208:9 209:10 211:18 212:5 216:8 219:11 222:21 241:18 245:15 247:4 252:8 255:24 258:1 263:5 267:3 276:6 277:20 279:14,25 281:21 282:3 282:12,18 286:21 287:14 288:4 292:7 295:12,21 296:4 297:15 306:3 312:10 314:9,22 338:5 339:2 340:18 341:19 342:7 355:2 366:15 367:19 397:8 405:14 408:3 413:19 414:4 418:3 423:2 430:2 431:1 425:6 427:10 431:21,24 433:7 nowhere p] 328:10 332:11,13 nuisance m 287:9 number ps] 222:24 232:22,23 234:21 236:11 247:7 249:20 255:18 286:7 295:17 303:12 304:8 315:3 319:20 324:24 326:23 327:4 348:10 354:11 363:22 385:7 386:4 398:9 399:16 401:9 402:14 403:15 422:10 438:14 numbers m 295:9 324:9 324:12 327:7 386:1 402:19 427:8 -o - 438:23 440:1 obligated hi 261:14 331:1,17 341:20 obliged [l] 261:18 observation pj 339:22 347:2 o b serv a tio n s m 239:6 o b se r v e p] 212:7,9 213:23 309:7 339:25 340:9 344:8,15 373:25 ob serv ed p] 213:18 347:5,8,18,19,20 359:14 408:4 409:5 o b serv in g m 328:2 o b ta in in g m 380:1 o b v io u sly [3] 242:24 266:24 403:4 o c c a sio n [1] 421:1 occasion s m 351:li missed [l] 227:11 missing [1] 259:13 mix [4] 239:13 240:8 347:22 360:4 mixed [2] 238:17 239:2 mixers [i] 356:8 mixing [13] 239:7 240:2 241:12 244:15 245:21 246:7 295:18 326:13 345:17,23 346:12 348:21 349:10 m ixture [i] 345:18 Modifications m 289:20 molasses [2] 345:18,24 mold[l] 289:19 molded [1] 343:19 moment [4] 233:17 332:10,17 382:18 moments p] 198:13 262:6 368:19 money [6] 289:12 368:11 415:8,12,19,20 monitored [6] 398:20 398:23 4 0 0 :11,15 401:19 403:7 m onitoring [49] 210:24 210:25 257:19,21 258:6 258:10,15,18 305:23 307:10,16 309:5,13,17 309:23 310:14,17 311:17 311:25 312:15,21,22 313:14,19 314:12 315:4 315:8,11,15,20 330:22 339:23 340:1,10,24 341:3 341:10 342:3 373:24 394:15 396:25 397:10 398:11 400:18,20 401:4 401:11 427:18 428:8 month [1] 406:22 months [1] 394:16 morning [i] 403:19 m ortar [i] 249:16 most [12] 203:24 237:25 247:25 248:1 280:9 375:7 376:23 381:16 388:16 433:4 436:25 439:21 National p] 301:2,8 nature [i3] 200:25 225:20 256:16 283:22 329:18 332:24 333:1 352:20 360:2 385:13 411:25 429:25 439:13 nearm 330:4 necessarily [i4] 210:6 211:12,13 232:3 282:15 292:5 295:19 308:17 344:20 379:15,17 390:12 393:22 417:11 necessary [i9] 208:12 210:23 229:18 263:13,19 264:5,6 269:18 275:22 277:5 305:8,22 327:10 362:9 418:7,7 421:1,2 432:6 need [23] 221:14 222:18 228:15 230:15 257:12 275:20 305:21 307:15,18 312:15 332:13 363:1 370:23 386:24 387:10 395:12,18 396:7,8 403:22 420:22 421:23 423:3 needed [9] 215:15 220:6 220:7 267:7 337:22 363:6 373:7 400:10 439:23 needs [4] 222:3,4 307:11 419:2 negatively [l] 344:12 neighborhood p] 234:16 326:16 neveriq 257:17 313:5,9 313:9 346:5 415:14 new [11] 206:8 236:25 259:14 268:1 301:4 307:23 352:23 384:15 407:11,12 408:13 Newburgh [i] 320:15 newsletter [i] 263:21 next [21 248:25 249:15 ninem 40i:io NIOSHm 318:24 nodule [i] 395:1 non-asbestos [i] 382:15 non-maiignant m 276:16 ' non-responsiveness [3] 246:4 251:22 264:15 non-smokers [l] 297:3 nonasbestos p] 374:17 374:21 408:6 none [8] 229:13 240:18 240:25 261:14 312:1 351:4 361:12 370:9 nonexistent [l] 431:14 n o rm 223:23 Notary [3] 196:22 441:4 441:17 notation [l] 389:13 notem 400:18 noted [4] 236:21 306:24 406:23 415:2 notes [3] 214:14 215:3 347:4 nothing [12] 221:19,24 261:2 321:8 332:2 335:4 401:20 402:5 419:10 434:17 439:22 441:6 notice [l] 196:21 noticed [1] 349:2 notification p] 337:23 393:4 notified [1] 393:8 noting [1] 381:18 November [4] 346:7,li 348:22 441:18 now [66] 200:9 203:21 215:13 224:10 226:10 240:16 242:23 244:11 245:8,20 246:20 249:4 249:15 258:22 261:6 268:19 270:15271:10 278:3 283:14 291:3,18 297:6 298:23 299:8,13 301:10 303:9 304:22 311:4 317:10 322:15,17 323:3 326:11,14 327:9 330:16 333:12 334:25 340:8 356:17 358:3 359:8 361:14 364:24 374:16 376:5 379:5 380:14 381:23 385:22 390:19 395:22 403:2,5 405:21 408:8 419:8 422:5 423:18 O'Brienp] 196:22 441:4,17 o'clock [5] 196:24 228:17 316:7,8 440:13 Oath [4] 198:11 202:1 203:5 242:22 Obectionm 219:11 Object [108] 201:23 202:5 206:25 208:8,22 209:9 211:17 215:22 216:7 219:4 221:9 222:20 223:20 225:1 230:6,13 235:2 236:8 238:23 239:10,16 240:12 241:17 244:22 245:1,15 246:3 246:18 247:3 249:11 250:15 251:21 252:7,24 254:2 255:23 256:19 257:25 258:4,14 263:4 264:14 266:3 269:4,20 269:24 272:7,19 274:6 277:13 281:20 282:3 286:10,20 288:3 292:12 294:5,19 295:11,24 297:14 298:14 299:16 303:14,24 308:4 313:18 314:8,17 315:9,24 320:24 324:1 332:23,25 333:21 334:2 337:5 338:4 339:1 342:23 357:4 358:18 365:14 370:21 386:8 387:12 390:25 391:17 392:24 397:7,14 402:4 402:17 405:10 406:7 407:7 408:2 409:22 410:19 412:10 421:10 422:23 430:1,13,25 432:23 435:14 objection [48] 202:25 209:17 212:5 230:17 236:21 240:10 241:6,9 246:10 264:8 267:2 276:6 277:20 278:6 279:13,24 282:12,18 284:16 287:13 289:4 292:7 293:5 295:21 296:4 306:2 312:9 314:22 335:10 337:12,17,21 340:18 341:7,19 342:7 355:2 366:14 367:19 392:9 405:14 413:19 414:4 418:3 423:2 438:8 o c c u p a tio n a l [5] 284:23 287:11 363:16,19 393:25 o ccu p a tio n s m 223:16 OCCur [2] 245:24 250:4 occu rred p] 318:20 413:6,15 occurrence p] 263:li 280:3 281:14 occurs m 357:20 Octobers 288:9 297:17,19 309:12 386:16 442:22 Off [13] 228:16,22 244:21 244:24 248:20 272:11 288:9 304:11 306:19 316:5 323:4 376:7 415:24 Office [S] 322:1 372:13 404:17 412:15 441:14 o ffic e r p] 299:9 300:25 o ffic e s [2] 196:23 197:3 Often [1] 239:23 o ld [8] 323:4,5 353:24 356:5,9 357:17 359:6 388:5 Older [2] 264:24 265:1 Once [3] 217:23 264:3 305:16 One [105] 200:4 203:12 210:6,8 217:6,7 219:23 221:6 230:20 233:16 236:5 237:13,18 242:12 243:16 244:23,24 248:10 253:23 254:9 258:23 259:18,23 270:16 276:4 276:5 277:1 279:20 280:15 281:17,23 282:8 282:23 283:7 284:12 286:15 290:6 292:8 293:13 294:11,13 296:8 296:12 300:16 306:19 308:25 314:23 315:6 317:25 320:1 321:18 322:17 324:16,16 328:21 330:14 339:8 340:5 342:8 348:20 349:1,6 352:3 359:1,25 366:24 367:16 371:19 372:25 377:24 378:7 382:18 383:6 Index Page 13 Multi-PageTM m inim um - one 364:21 365:1 366:7 390:16,20 419:24 minimum [i] 315:8 m inor [2] 397:4 408:4 minus [l] 200:11 minute in 376:4 minutes in] 228.23 229:17 297:23 375:19,21 375:25 414:20 426:1,2 432:25 434:1 miscellaneous [2] 247:13 371:21 mischaracterization [2] 337:13 341:8 mischaracterizes p] 348:1 358:19 397:14 misinterpreted m 310:19 motion [l] 236:19 Mount p] 271:9 281:6 384:15 movem 433:16 Mt [1] 281:9 Mueller [2] 352:14,15 Mullin[l] 197:18 multiple [l] 228:8 multiplication m 326:5 must [9] 221:1 276:4 281:7 305:15 351:3 353:3 361:10,20 402:13 Mycartap] 360:11,16 -N- namep] 247:7 298:16 360:13 405:21 436:20 non-respiratory [i] 324:2 non-responisve m 269:25 non-responsive ps] 201:24 203:1 207:1 208:9 209:10 211:18 212:5 216:8 219:11 222:21 241:18 245:15 247:4 252:8 255:24 258:1 263:5 267:3 276:6 277:20 279:14,25 281:21 282:3 282:12,18 286:21 287:14 288:4 292:7 295:12,21 296:4 297:15 306:3 312:10 314:9,22 338:5 339:2 340:18 341:19 342:7 355:2 366:15 367:19 397:8 405:14 408:3 413:19 414:4 418:3 425:6 427:10 431:21,24 433:7 nowhere pj 328:10 332:11,13 nuisance [l] 287:9 number [29] 222:24 232:22,23 234:21 236:11 247:7 249:20 255:18 286:7 295:17 303:12 304:8 315:3 319:20 324:24 326:23 327:4 348:10 354:11 363:22 385:7 386:4 398:9 399:16 401:9 402:14 403:15 422:10 438:14 numbers m 295:9 324:9 324:12 327:7 386:1 402:19 427:8 438:23 440:1 obligated hi 261:14 331:1,17 341:20 obliged [l] 261:18 observation pj 339:22 347:2 observations m 239:6 observe [9] 212:7,9 213:23 309:7 339:25 340:9 344:8,15 373:25 observed [9] 213:18 347:5,8,18,19,20 359:14 408:4 409:5 observing m 328:2 obtaining [i] 380:l obviously [3] 242:24 266:24 403:4 occasion m 42i:i misleading [l] 296:1 named [2] 267:25 405:21 423:2 430:2 431:1 -o - occasions [1] 351:11 missed [1] 227:11 missing [l] 259:13 mix [4] 239:13 240:8 347:22 360:4 mixed [2] 238:17 239:2 mixers [l] 356:8 mixing [13] 239:7 240:2 241:12 244:15 245:21 246:7 295:18 326:13 345:17,23 346:12 348:21 349:10 mixture[l] 345:18 Modifications m 289:20 molasses [2] 345:18,24 mold[l] 289:19 molded [1] 343:19 moment [4] 233:17 332:10,17 382:18 moments p] 198:13 262:6 368:19 money [6] 289:12 368:11 415:8,12,19,20 monitored [6] 398:20 398:23 400:11,15 401:19 403:7 monitoring [49] 210:24 210:25 257:19,21 258:6 258:10,15,18 305:23 307:10,16 309:5,13,17 309:23 310:14,17 311:17 311:25 312:15,21,22 313:14,19 314:12 315:4 315:8,11,15,20 330:22 339:23 340:1,10,24 341:3 341:10 342:3 373:24 394:15 396:25 397:10 398:11 400:18,20 401:4 401:11 427:18 428:8 month [l] 406:22 months [1] 394:16 morning [l] 403:19 m ortar [l] 249:16 most [12] 203:24 237:25 247:25 248:1 280:9 375:7 376:23 381:16 388:16 433:4 436:25 439:21 National pi 301:2,8 nature [i3] 200:25 225:20 256:16 283:22 329:18 332:24 333:1 352:20 360:2 385:13 411:25 429:25 439:13 nearm 330:4 necessarily [i4] 210:6 211:12,13 232:3 282:15 292:5 295:19 308:17 344:20 379:15,17 390:12 393:22 417:11 necessary [i9] 208:12 210:23 229:18 263:13,19 264:5,6 269:18 275:22 277:5 305:8,22 327:10 362:9 418:7,7 421:1,2 432:6 need [23] 221:14 222:18 228:15 230:15 257:12 275:20 305:21 307:15,18 312:15 332:13 363:1 370:23 386:24 387:10 395:12,18 396:7,8 403:22 420:22 421:23 423:3 needed [9] 215:15 220:6 220:7 267:7 337:22 363:6 373:7 400:10 439:23 needs [4] 222:3,4 307:11 419:2 negatively [i] 344:12 neighborhood pj 234:16 326:16 never [6] 257:17 313:5,9 313:9 346:5 415:14 new [11] 206:8 236:25 259:14 268:1 301:4 307:23 352:23 384:15 407:11,12 408:13 Newburgh [l] 320:is newsletter in 263:21 next [2] 248:25 249:15 ninem 401:10 NIOSHm 318:24 nodule [l] 395:1 non-asbestos [i] 382:15 non-malignant [ij 276:16 ' non-responsiveness [3] 246:4 251:22 264:15 non-smokers [l] 297:3 nonasbestos p] 374:17 374:21 408:6 none[8] 229:13 240:18 240:25 261:14 312:1 351:4 361:12 370:9 nonexistent [l] 431:14 n orm 223:23 Notary pj 196:22 441:4 441:17 notation [l] 389:13 notem 400:18 noted [4] 236:21 306:24 406:23 415:2 notes [3] 214:14 215:3 347:4 nothing [12] 221:19,24 261:2 321:8 332:2 335:4 401:20 402:5 419:10 434:17 439:22 441:6 notice [l] 196:21 noticed [l] 349:2 notification [2] 337:23 393:4 notified [l] 393:8 noting [1] 381:18 November [4] 346:7,11 348:22 441:18 now [66] 200:9 203:21 215:13 224:10 226:10 240:16 242:23 244:11 245:8,20 246:20 249:4 249:15 258:22 261:6 268:19 270:15 271:10 278:3 283:14 291:3,18 297:6 298:23 299:8,13 301:10 303:9 304:22 311:4 317:10 322:15,17 323:3 326:11,14 327:9 330:16 333:12 334:25 340:8 356:17 358:3 359:8 361:14 364:24 374:16 376:5 379:5 380:14 381:23 385:22 390:19 395:22 403:2,5 405:21 408:8 419:8 422:5 423:18 O 'B rienp] 196:22 441:4,17 o'clock [5] 196:24 228:17 316:7,8 440:13 O ath [4] 198:11 202:1 203:5 242:22 Obectionm 2i9:ii Object [108] 201:23 202:5 206:25 208:8,22 209:9 211:17 215:22 216:7 219:4 221:9 222:20 223:20 225:1 230:6,13 235:2 236:8 238:23 239:10,16 240:12 241:17 244:22 245:1,15 246:3 246:18 247:3 249:11 250:15 251:21 252:7,24 254:2 255:23 256:19 257:25 258:4,14 263:4 264:14 266:3 269:4,20 269:24 272:7,19 274:6 277:13 281:20 282:3 286:10,20 288:3 292:12 294:5,19 295:11,24 297:14 298:14 299:16 303:14,24 308:4 313:18 314:8,17 315:9,24 320:24 324:1 332:23,25 333:21 334:2 337:5 338:4 339:1 342:23 357:4 358:18 365:14 370:21 386:8 387:12 390:25 391:17 392:24 397:7,14 402:4 402:17 405:10 406:7 407:7 408:2 409:22 410:19 412:10 421:10 422:23 430:1,13,25 432:23 435:14 objection [48] 202:25 209:17 212:5 230:17 236:21 240:10 241:6,9 246:10 264:8 267:2 276:6 277:20 278:6 279:13,24 282:12,18 284:16 287:13 289:4 292:7 293:5 295:21 296:4 306:2 312:9 314:22 335:10 337:12,17,21 340:18 341:7,19 342:7 355:2 366:14 367:19 392:9 405:14 413:19 414:4 418:3 423:2 438:8 occupational [5] 284:23 287:11 363:16,19 393:25 occupations [1] 223:16 occur [2] 245:24 250:4 occurred p] 318:20 413:6,15 occurrence p] 263:ii 280:3 281:14 OCCUrS [1] 357:20 October [6] 288:9 297:17,19 309:12 386:16 442:22 Off [13] 228:16,22 244:21 244:24 248:20'272:11 288:9 304:11 306:19 316:5 323:4 376:7 415:24 Office [5] 322:1 372:13 404:17 412:15 441:14 officer [2] 299:9 300:25 Offices [2] 196:23 197:3 Often [1] 239:23 Old [8] 323:4,5 353:24 356:5,9 357:17 359:6 388:5 Older [2] 264:24 265:1 once [3] 217:23 264:3 305:16 one [105] 200:4 203:12 210:6,8 217:6,7 219:23 221:6 230:20 233:16 236:5 237:13,18 242:12 243:16 244:23,24 248:10 253:23 254:9 258:23 259:18,23 270:16 276:4 276:5 277:1 279:20 280:15 281:17,23 282:8 282:23 283:7 284:12 286:15 290:6 292:8 293:13 294:11,13 296:8 296:12 300:16 306:19 308:25 314:23 315:6 317:25 320:1 321:18 322:17 324:16,16 328:21 330:14 339:8 340:5 342:8 348:20 349:1,6 352:3 359:1,25 366:24 367:16 371:19 372:25 377:24 378:7 382:18 383:6 Index Page 13 ones - pose_________ 384:18 385:25 387:11 391:13 392:22 393:1 396:15 401:9 404:8 406:18 407:12 413:20 414:7,10 418:9 419:1,2 419:17 420:25 421:1 423:10 425:9 426:16 427:2 431:2,3,13 432:20 433:14 434:25,25 436:12 o n e s [2] 276:3 333:17 O n g o in g [l] 211:22 o n to [3] 247:12 268:14 269:9 Open [2] 290:21 326:14 o p e r a te [ij 419:23 o p e r a te d p] 417:9 431:22 operating [4] 319:4,21 367:24 371:10 operation p8] 210:7,8 211:9 212:7,10,18,25 305:13,20 309:6 311:18 311:25 322:22 323:24 327:8 330:23 346:5,7 347:6,20,21,22 349:5,16 359:22,24 360:2 427:21 Operational p] 238:16 247:17 o p e r a tio n s [22] 211:20 213:6,25 233:2 256:4 257:19 289:16 292:6 305:1 322:15 324:11,14 344:9 349:24 362:16,24 369:17 372:14 401:14 407:16 426:24 442:10 ' o p in io n [21] 210:15 223:10 224:23 225:8,14 225:16 241:25 242:1,5 242:20,24 243:13 246:11 246:13,14 278:23 363:6 364:5 410:3 436:5 437:8 o p in io n s [1] 243:19 o p p o r tu n ity [7] 303:12 339:25 423:23 431:24 432:11 433:5 435:2 O pposed p] 318:15 337:14 338:19 o ra ltl] 441:6 o r a n g e s [i] 295:18 o r d e r [6] 210:22 218:1 227:8,19 250:20 397:24 o rg a n iz a tio n p] 293:10 293:12 417:10 o r ie n te d [l] 377:21 o r ig in a lly [i] 406:8 OSHAps] 304:22 305:20,21 306:19 308:2 308:16 311:5 312:25 315:23 319:7 321:13 325:15 327:6,17 328:20 330:16 342:4 344:10 346:19,22 347:5,16 349:1 351:12,21 366:18 368:11 369:10 370:18 372:21 373:1 381:14 392:16 407:22 428:9 o th e r w is e [7] 222:5 242:6,18 243:3,18 336:5 441:12 ourselves [l] 351:19 outdoors [l] 274:2 outfit [1] 440:4 OUtsidep] 204:20 271:23 285:1,9,11 overall [2] 364:19 366:7 overkill [l] 425:9 overly [l] 402:22 overseas m 383:1 overstated [i] 365:8 Owen [2] 331:5 332:20 Owen's [l] 337:1 own [7] 253:1 254:8 267:13 280:23 285:2 372:3 420:11 -P- p . m p ] 316:7,9 440:13 P .O [2 ] 197:8,15 P abC O [l] 388:8 p a c k [ i] 345:18 p a c k in g [2] 238:17 239:3 p a g e [21] 202:7,14 215:3 225:25 231:9 233:11 248:17,25 249:15 288:9 322:5,18 343:15 357:15 362:21 384:16 412:25 414:22 442:2,4 443:1 p a g e s [1] 233:16 p a i d [1] 213:3 p a i n t [2] 387:2,5 p a i n ts [1] 236:1 p a m p h le t m 380:7 p a p e r [4] 221:2 235:23 318:1 361:10 p a r a g r a p h [7] 273:1 302:4 319:3 348:2 352:1 362:23 393:7 p a r d o n m 217:6 228:4 251:13 259:8 266:5 353:20 404:6 P a r k e r [6] 322:6 371:6 371:14 378:18 396:14 398:2 p a r t [14] 214:1 238:1 267:2 279:15 315:10,13 339:21 365:23 374:2 391:1,2 406:21 408:23 409:9 p a r t i a l l y [ij 418:6 p a r tic le s [l] 326:3 p a r t i c u l a r [24] 2 2 1 :15 248:17,22 253:17 259:18 267:1 279:20 280:4 283:6 301:2 309:5 311:18 329:25 335:1 359:2 363:17 385:25 417:1 419:6 420:15 421:14 422:25 426:21 432:1 p a r t i c u l a r l y po] 221:2l 226:7 230:11 254:7 268:16 327:1 328:6 371:19 420:16 439:23 p a r t s [l] 428:22 p a r ty P] 226:20 227:13 Multi-PageTM 441:12 paSS[l] 436:17 p a s s e d [1] 429:14 p a s t [12] 292:23 365:9 372:20 377:11 389:14 394:16 399:17 400:5,9 400:20 401:5 403:7 p a t c h [1] 298:7 p a t c h i n g [11 298:1 p a te r n a lis tic p] 417:10 420:8,21 Patrick [i] 197:11 pay [l] 279:12 Peers [1] 412:16 PEL [5] 312:3 330:18 342:1 344:10 380:13 PEL'S [2] 311:19 323:1 Pennsylvania [6] 196:22,23 197:12 441:2 441:14,18 p e o p le [32] 223:17 225:6 225:19 226:5 259:9,12 270:6,21 271:14 274:19 285:1 294:16,21 295:14 295:19 296:22 301:10 313:12 329:2 333:7 340:11 358:16 379:14 381:9 385:15 400:14,14 400:18,19 401:18 417:11 420:14 p e r [23] 226:19 250:21 307:4 310:20 322:22,23 323:17 325:23 326:2,3 326:16 327:2 330:24,25 330:25 331:18 333:3 340:16 341:22 342:17 347:21,22 426:21 p e rc e iv e d p] 210:17 222:18 percent p i] 233:22 234:4,5,9,17 235:21 275:20 294:16,17 295:7 295:14,16 297:11 318:5 318:10,15,16 344:2 383:14,18 388:25 percentage [l] 234:18 percentages [i] 295:2 Percy [1] 354:19 perfectly [2] 333:6,6 perform w 234:1 309:13 311:17,24 performed p] 348:25 419:1 p e r h a p s [9] 199:15 213:1 283:18 359:25 366:1 394:14 395:4 429:3 437:12 p e r io d [S] 232:5 330:25 421:15 422:3 427:13 p e r io d ic [2] 394:21 400:15 p e r io d ic a lly [1] 399:17 p e r m is s ib le [5] 308:21 308:24 310:3 346:25 426:18 perplexed [i] 418:21 person [15] 203:24 294:11,23 297:9 323:8 333:2 353:14 377:10 394:12 395:1 418:16 433:6 434:25 436:24 437:18 p e r s o n 's [1] 223:10 p e r s o n a l [is] 196:3,12 204:25 218:10 219:22 232:18 239:6,17,18 258:17 274:9 311:9 313:3 334:22 354:15 372:5,8 409:11 p e r s o n a lly p] 382:12 441:5 personnel [i3] 216:24 220:14 258:19 261:21 313:25 314:1,10 337:2 354:1 361:23 362:8 390:12 412:16 persons [14] 222:24 223:14 265:21 295:6 357:25 372:3 384:18 394:22 398:9,12 400:10 402:14 403:7 432:8 perspectiven 210:9 272:2,4 329:19 401:1 406:23 422:15 pertained p] 232:11 263:2 p e r ta in in g [l] 196:21 p e r u s in g [l] 382:19 p h a s e d [l] 353:5 p h o n e [1] 350:5 p h r a s e [2] 292:19 301:19 p h r a s e d [i] 332:9 p h y s ic ia n p i 205:10 267:25 280:16 p h y s ic ia n s [4] 280:14 311:12 394:19 418:15 p ic k u p [1] 439:6 p ic tu r e [3] 269:11,21 374:2 p ie c e [1] 274:12 p in p o in t [1] 394:6 p ip e [9] 234:3,15 247:8 317:19 323:5 343:17,19 343:21 355:15 p ip e f i tte r [1] 356:3 p ip e f i tte r s p] 372:3 385:4 398:16 p ip e lin e [1] 355:19 p ip e s [3] 235:11 247:18 355:10 p ip in g [1] 343:13 P i t t s b u r g h [16] 196:23 197:12 204:20 217:13 288:8 322:1,10 331:15 345:5 358:15 369:25 372:13 395:16 404:17 412:15 441:14 P ittsburgh-C orning [2] 343:24 344:1 p la c e [12] 214:10 216:14 219:6 240:1 274:4 346:16 355:16 374:23 411:5,15 416:10 441:10 p la c e d [2] 218:8 303:11 p la c e s [1] 324:16 Plagued [1] 384:9 p la in tif f s [5] 196:5,14 196:20 197:2 198:4 p la n [4] 386:22 414:19 414:23 443:4 p la n n in g in 410:11 p la n s [l] 406:16 p l a n t [36] 216:23 217:19 221:16 237:22 238:8 247:14 249:20 259:9,12 260:7 271:18,25 286:7 289:13 297:20 303:10 304:18 324:17 356:8 370:8 371:16,21 379:1,3 381:5,6,10 390:12 407:17 408:5,23 409:6 414:24 415:4,14,21 plants [23] 215:11 238:12 238:13 239:4 260:16 261:1 269:23 286:12 306:5 362:6 368:16 369:1 372:25 381:17 385:6 389:12 399:16 400:4,17 400:18 404:8 415:14 438:15 plastic [1] 360:16 play [3] 311:6,21 407:22 Plunkett [l] 259:14 plus [2] 200:11 327:2 pneumatic p] 359:13 359:15 p o in t [45] 213:22 215:4 215:7 216:19 217:11,15 217:17 218:24 220:25 221:5 222:23 223:8 224:12 225:7,13 232:24 235:4,16 236:18 253:17 273:6,13,18 285:2 289:17 290:8,9 293:14 294:15 313:24 320:5 327:9,14 335:22 341:15 345:5,16 346:11 351:13 364:13 408:12 416:7 421:6 435:12 437:2 p o in te d [X] 352:22 p o lic ie s [8] 216:13 217:14 280:24 382:20,23 408:13 428:1,11 p o lic y [13] 209:22 216:3 216:24 336:21 342:16,21 358:16 369:13 374:17,20 408:9 420:20 439:8 p o ll [2] 421:5,5 p o llu tio n [l] 306:24 p o o r [2] 406:17,24 p o p u la tio n [2] 294:11 297:3 Port[i] 216:18 portion [22] 198:15,23 203:1 207:1 208:9 211:18 222:21 245:16 247:3 255:24 279:14 281:21 282:4 286:21 287:14 288:3 289:5 297:15 312:10 314:9 339:1 366:15 p o s e m 438:20 Index Page 14 poses [2] 301:3 352:23 position [17] 209:12 216:17 217:12 218:8 231:3,4 265:10,25 283:17 312:1,14,21 326:6 344:8 348:14 384:24 435:20 possibilities [3] 248:21 249:6 250:8 possibility [13] 212:1 244:20 245:6,12 249:10 277:22 287:10 351:21 360:7 361:11 387:6 409:3 416:8 possible [22] 209:22 232:4 245:22,23,25 246:1 246:9 261:24 269:22 280:25 287:22,22 304:10 350:11 369:13 374:21 379:9 382:14 390:1 408:21 423:24 428:16 posted [3] 304:7 328:11 408:16 posters [2] 328:19 329:3 posting [11 328:25 pot [29] 223:1,19 224:6 225:6 247:14 249:19 288:10,12,15,21,25 289:14,19 317:16 345:20 352:21 353:15,21,25,25 357:16 359:9,10,13 360:8 367:6 398:22 399:1,9 potent [2] 276:3 431:13 potential [63] 202:2 208:13 211:11,25 212:23 215:16 217:24 220:20 222:24 241:12 244:16 246:9,15,20,24 250:14 250:20,22 251:1,9,25 252:11,23 253:8 257:11 261:4 264:7 276:21 277:18 286:24 287:3,7 291:2 303:4 307:10 308:7 310:6 328:6,7 350:16 357:25 362:9 379:10 386:25 389:12,14 390:22 395:17,19 399:6,11 408:25 413:3 416:13,22 433:14 437:1,16,24 438:4 438:7 439:ll'24 potentially [5] 214:4 253:12,14 324:9 438:20 pots [7] 247:19 289:1 353:14 355:10 357:17 358:1 398:19 powder [4] 239:7,14 240:2 244:15 powdered [i] 361:10 power [7] 196:7 407:17 408:5 409:5 415:4,14,21 practice [4] 324:21 328:15 348:21 349:2 practices p] 216:13 365:3 380:9 precautions [i6] 209:14 209:23,24 210:1 214:8 216:16 253:9 262:3 275:23 277:11 290:2 353:3 420:4 422:14 429:3 438:6 preceded m 205:19 preciseli] 307;n precisely p] 273:13 306:8 precludesti] 332:3 predecessor [i] 410:24 predicates 244:8 253:3 254:6 324:1 Predicted [l] 322:13 predominant [2] 280:15 280:16 predominantly [i] 248:6 predominateti] 300:5 preferii] 285:12 prefolded [i] 343:21 preform p] 234:1,2 preformed [i] 235:10 prejudicial [i] 389:25 prepare [2] 198:18 229:6 prepared [6] 221:7 227:2,7,16 260:2,5 preparing p] 228:6 283:15 296:22 presences 263:25 291:14 378:11 441:8 present [i4] 197:17 230:4 231:1 245:23 246:14 281:12 307:4 328:13 351:2 399:17 400:19 403:8 414:24 416:19 presented [4] 239:19 240:11 246:16 379:16 presently p] 204:6 259:16 300:5 presidentm 405:1 ,2,3 405:5 presumably [5] 286:8 348:20 381:1 384:21 415:8 presume [l] 290:23 pretty [2] 300:13 439:12 prevent [6] 249:25 276:14,19 284:25 285:8 285:11 preventative [l] 260:11 previous [10] 208:24 241:23 253:2 284:1 290:7 292:14 307:15 374:4 391:20 400:14 previously [13] 198:5 199:7 201:4 202:1 207:19 237:18 258:21 298:11 312:25 360:9 370:11 378:9 387:22 Price [l] 197:6 primarily p] 211:15 258:11 293:4 primary [l] 393:23 priority [i] 429:15 privileged [i] 293:17 proactive [i] 284:4 problem [is] 208:19 230:17 243:2 263:22 Multi-PageTM 276:4 298:13 299:4,6 327:19 329:18 333:25 339:12,13 352:23 410:4 423:1 424:11 431:25 problems m 208:24 271:20 289:13 384:9 404:11 405:7,8 420:16 420:17 procedure [4] 196:21 237:20 342:20 346:17 procedures [i2] 217:14 218:12,13 220:7,12 221:25 222:2,3,9 280:24 368:14 410:13 process [8] 239:8 245:20 326:14 346:3 359:14,19 409:1 422:6 processes pj 253:15 256:6 352:6 produce [4] 239:8 253:11 293:13,14 produced [4] 238:7 247:13 322:22 384:16 producing [1] 336:8 product [16] 207:22 214:25 234:9 262:7 318:6 344:2,5 354:22,22 360:11 360:16 383:7,10,13,18 439:7 production p] 287:21 289:13 products [19] 226:6 234:2 235:1,7,11,19,23 235:25 240:17 249:17 251:1 294:17 369:2,7,12 388:24 438:19 439:11,14 professional [4] 293:12 327:25 328:13 361:21 profile [1] 377:13 program [26] 216:2 237:21 257:3 340:1 363:8 364:19 366:7 377:22 378:4 379:16 409:14,18 409:21,24 410:5,11,13 410:18,21 411:8,8,12,17 411:19,23 412:1 programs m 215:19 257:7 285:2 311:9 365:12 411:5 419:5 progressivem 394:23 prolonged p] 302:6 352:25 promise [3] 374:14,15 436:20 proper [2] 268:24 324:1 properly [S] 202:8 215:23 236:9 268:21 294:7 316:1 413:10,11 properties [l] 247:25 proposed [l] 381:20 proposing [1] 381:24 propound [l] 225:2 proprietary [l] 439:16 protect^] 208:20 209:8 421:3 432:6 protection [36] 210-.11 211:8 212:11 213:7,19 218:10 262:14,24 263:8 264:5 273:16 274:20 275:15 277:2,6,12 286:2 290:6 308:15 311:7 313:3 315:20 324:6,22,25 325:7 325:12,14 331:21 332:3 334:23 338:12 342:18 367:5,11 442:8 protective pi 210:3 271:21 286:9 311:9 320:19 321:12 413:10 proud [l] 349:6 prove [1] 391:22 provide [9] 291:2 315:25 321:5,6,11 332:16 337:24 351:4 38-1:15 provided [io] 230:21 236:23 260:7 268:22 284:10 331:19 345:19 367:4 387:17 388:8 providence p] 342:24 435:16 provides [l] 378:24 providing [2] 228:6 332:2 provision [1] 330:20 provisions [3] 319:6 369:10 393:2 prudence m 400:13 public [5] 196:22 301:4 301:11 441:4,17 publication [i] 280:7 publicity [2] 280:11 291:5 publicized [4] 291:4,20 292:5,22 published [2] 203:19 292:17 pulled [l] 304:11 pulmonary p] 269:12 269:21 270:9 pumped [1] 325:3 purchasing [l] 290:11 purem 344:2 purely [l] 402:20 purifying m 325:15 purpose [10] 227:16 231:1 418:1 419:15,17 419:20,22 421:3 429:24 431:14 purposes [l] 232:22 pursuant [l] 196:20 purview [l] 204:11 push [l] 377:23 put [13] 217:21 251:6,23 292:16 303:17 346:16 354:6 386:1 392:20 404:11 405:7 409:20 430:19 putting [4] 311:11 328:18 329:2 334:17 ______-Qqualified[4] 260: n 265:3,5 362:7 _____ poses - readily qualify [2] 257:2 291:16 quantities ni 240:15 questioning [2] 254:8 267:22 questions [i6] 202:6 242:16 244:23 245:2 246:22 301:15 349:21 367:3 370:22 404:21 422:24 426:9,14 429:5 436:2 440:10 quickly [l] 303:21 quote [2] 367:2 391:20 quoted m 296:7 -R- R [l] 321:17 R&M [l] 247:13 ramifications pj 389:22 390:6 393:19 Ramirez [4] 196:11,13 315:19 435:22 ranm 312:25 range [5] 200:9,14 331:19 414:23 415:4 Ranging m 235:21 rarem 294:io rate [6] 199:19 294:12 295:6 296:7,11 297:1 rated [l] 406:24 rather [9] 276:15 285:13 347:18 348:10 365:8 401:7 420:17 425:10 438:12 raw [6] 345:23 346:2,12 347:22 348:21 349:10 re[l] 236:20 reach [4] 242:15 250:16 250:19 325:23 reaction [4] 240:17 421:9 422:12,15 read [104] 202:15 209:1 209:3 215:18 218:16 219:12,13 228:20 230:15 230:18 241:18,20 242:11 242:13 248:10,12 253:5 253:6 255:9 258:1,3 259:20 262:23,25 263:6 266:14,24 269:11 270:13 273:25 278:2 279:14,17 282:13,14 285:3 286:16 288:15 291:6,11 292:8,9 292:11 294:13 295:22,23 299:23 301:14,25 302:1 302:2 303:13,20,23 304:8 307:5 314:23,24 317:23 333:21,24 334:3,3 335:19 335:21 337:11 339:23 340:19,20 341:20 342:8 342:9 345:20 363:2 364:18 365:5,6 384:19 388:18 391:18 392:22,23 396:2 403:23 404:11 405:15,16 407:1 409:10 410:13 413:10,20,21 414:6,10,11 418:4,5 423:3,7 431:3,7,9 433:23 readily m 255:16 TndpY P ano 1^ reading - Richard reading [6] 198:20,21 278:8 301:24 386:3 413:16 ready p] 228:21 425:21 real [6] 287:7 299:6 351:20 368:6 413:18 430:23 realize [l] 361:20 realized [i] 361:20 really [20] 200:18 207:18 274:11 275:19 279:11,11 279:11 293:2 319:16 333:20 364:12 377:23 378:4,6 387:16 407:14 420:6,22 433:5 434:7 reason pi] 222:14 266:12 278:15 283:5 291:9 329:10,11 335:25 336:14,20,21 347:23 350:13 353:3 373:3 389:2 389:4 390:20 391:6 394:3 396:25 reasonable p] 262:3 339:25 438:5 reasons [8] 277:1 348:20 350:6 352:2,2 357:11 368:5 418:9 recalling [i] 377:2 recalls [i] 202:10 received [is] 203:14,16 238:20 239:1 255:17 261:1 269:23 271:9 274:17 300:19,21 337:1 345:16 366:24 370:11 380:7 receiving [3] 259:17 322:16 390:17 recent [2] 205:15 350:4 recently [4] 205:18,19 271:10 275:1 recess [9] 228:19 272:13 316:8 344:24 376:9,11 416:1 425:20,22 recognition p] 207:21 276:12 395:24 recognize p] 234:25 235:6,8 277:18 280:5 301:10 305:9 recognized p3] 206:9 231:10 239:1 246:2,25 248:21 249:9,10 250:12 250:25 253:8 264:4 265:9 274:15 275:10 279:18 280:1 291:19 293:24 307:9 348:13,18 424:8 recognizing p] 262:7 262:14 recollect [l] 225:9 recollection [27] 224:10 238:11 247:22 248:5 251:2 258:22 259:16 267:4 274:3 289:8,10 300:13 301:21 304:24 322:15 326:8 332:7 353:10 370:6,12 379:7 381:23 383:15 387:14 400:21 401:4 403:2 recommend [i] 269:9 recommendation pj 262:19 269:14 379:15 Recommendations s 374:24 recommended pj 249:24 380:8 382:13 record [57] 198:2 209:3 214:11 215:21 219:13 228:17,20,22,23 230:18 233:11 241:20 242:13 248:12 253:6 258:3 262:23 272:12,15 279:17 282:14 286:16 292:9,11 295:23 302:2 312:3 314:24 316:5 317:3 319:2 334:4 335:21 337:11 340:20 342:9 345:1 349:25 359:7 365:6 376:8 376:11 390:1 391:20 392:4,23 405:16 413:21 414:11 415:25 416:4 418:5 421:24 422:1 423:7 425:23 431:9 records [9] 236:20 311:11 389:14,17 390:7 390:11 393:11,11,12 rectify [1] 289:12 recycled [l] 298:20 red[i] 234:23 redrafted [l] 4ii:i7 reduce [5] 218:2 350:17 365:1 375:6 393:24 reduced p] 306:1 441:7 reducing p] 348:io 365:24 reduction [x] 247:18 refer [4] 202:7,23 230:9 231:13 reference [9] 200:3 225:25 236:10 306:22 332:11 364:16 379:25 395:17 412:21 referenced [l] 238.3 references p] 207:4 403:18 referencing [l] 362:15 referring p] 266:7 290:11 294:23 refers [X] 299:9 reflect [2] 368:19 389:17 reflects [I] 228:5 refractory [4] 249:16 250:13 318:19 361:7 refresh p] 274:3 370:11 regard [2] 224:5 238:11 regarding [i6] 215:4 249:5 271:5 284:21 297:18 318:24 345:5 350:4 363:16,17 366:18 367:21 386:21 396:14 398:3 442:24 regardless p] 212:15 253:7,14 336:19 348:13 382:24 423:25 424:6 regenerators [l] 356:7 Registern] 306:6 regS[l] 312:25 Multi-PageTM regular [4] 259:19 292:2 371:3 398:21 regulation [l] 308:12 regulations [42] 261:8 261:18,23 306:19 307:25 308:1 309:17,23 312:16 313:14 315:7,23 320:18 323:13 324:24 328:14,25 329:7 330:17,21 332:7 333:4,9,14,15 335:4,6,8 335:12 346:16,19 348:15 348:19 350:24 351:12 357:1 360:1 381:14 394:21 404:9 408:15 428:11 regulatory p] 307:19 400:9 reinforcing [i] 388:11 relate [i] 293:li related [6] 285:19 327:1 384:14 385:18,19 432:14 relations [i] 389:21 rela tio n sh ip s 253:16 254:5 278:20 279:8 433:3 433:7,8 relativen] 441:11 relatively [i] 2i i : i 6 relied [2] 284:15 347:1 relinedni 359:10 rely [2] 280:23 361:23 remainder [I] 312:16 remained [I] 303:9 remember po] 206:20 266:12,13 267:9,23 278:8 300:12,12 301:20 322:17 344:5,17 348:5 373:5 387:7 389:19 391:4 408:18 413:16 426:20 reminded [I] 268:4 reminds [I] 236:19 removal p] 323:22 327:1 427:14 remove [S] 239:24 415:3 415:7,9,13 removed [is] 240:3 273:21 299:14,17,20,24 300:20,25 302:5 303:16 303:21 357:18 359:11 408:24 409:2 removing pj 296:23 353:24 render [l] 270:21 renewed [I] 408:24 renowned p] 280:19 282:7,21 repair p] 289:19 396:17 repeat [l] 419:8 repeated pj 370:3,7,14 repeatedly [I] 298:20 rephrase p] 321:10 428:20 replace [2] 358:20,24 replaced p] 303:16 358:25 report [19] 202:18 203:14 203:17 225:25 226:9 264:11 274:24 278:4,9 293:18 302:12 306:23 331:17 337:19 341:21 375:8 384:16 406:21 442:11 reported ni 287:18 Reportedly ni 414:3 reporting pj 331:12 337:14 reports [14] 203:7 255:3 255:6 265:20 266:16,24 267:16 275:6,17 277:25 278:17 413:16,24 429:14 represent [9] 214:22 236:22 268:9 293:22 332:1 405:25 427:11 436:21 439:3 representation pj 332:6 333:20 representative [4] 196:3,12 324:10 327:7 representatives s 339:24 representing ni 333:13 represents p] 324:8 368:6 rep u ta tio n ^ 291:4,21 291:23 292:5,18,22 293:1 reputed pi 429:10 request p] 390:li requested [i] 284:12 requesting pj 376:4 requests m 389:11,13 389:20 390:17,20 391:7 391:15 re q u ire s 218:4 277:6 313:3 324:24 357:1 363:10 417:15 required p4] 217:24 219:2 261:23 273:12 277:3 290:5 292:2 310:5 310:9,18 313:15 319:6 319:15 328:20,25 330:17 338:17 340:1 357:10 394:21 396:16 397:2,15 408:16 req u irem en ts 273:16 305:6 394:4 408:10 requirements po] 305:20,21 307:19 308:2 310:20 311:1,5,13,20 312:2,24 313:8 314:3,12 314:12,15 327:17 340:6 395:8 400:9 requires s 309:17 328:4 331:25 373:17 392:19 398:10 400:3 requiring [4] 273:14 274:19 275:13 401:3 research [5] 204:22 280:16 284:14 301:2,8 researcher pj 280:10 282:21 reserve [i] 440:10 resistan ces 379:13 respect [14] 216:18 225:5 225:10,20 281:17 291:5 330:3,11 368:20 372:19 373:16 404:18 420:9,13 respected p] 280:13 282:21 re s p ira to rs 276:22 311:9 333:2 334:14,17 338:2,24 367:2,4 respirators [i2] 221:2 250:3 273:3 325:3,15 338:6,7 340:12 356:9,24 3 5 7 :2,6 respiratory [23] 212:10 262:14,24 263:8 264:4 270:12,21 273:16 274:20 275:14 277:2,6,12 286:2 290:6 308:15 311:7 324:6 331:21 332:3 338:12 342:18 442:8 re s p o n d s 241:22 270:5 responding p] 389:11 390:15 423:5 re sp o n se s 268:6 280:17 284:20 289:7,9 329:19,20 430:20 responsibilities p] 224:19 362:8 responsibility pj 264:20 435:13,19 responsible us] 208:17 209:5 220:14 264:16 313:13 321:18 381:13 400:23 411:3 435:3,5,21 436:9,14,15 responsiveness [i] 284:17 restricting [I] 365:23 restrictions p] 200:24 334:18 result [19] 224:6 227:3 286:2 287:20,20,23 312:19 323:4 324:14 326:15 348:9 351:10 357:21 369:7 386:6 413:6 417:22 426:17 432:10 resulted [2] 312:1 426:23 resulting s 211:8,20 212:10,24 255:7 305:19 347:6 397:1 416:9 results [6] 305:23 306:24 312:15 340:2,10 342:3 r e ta in s 393:14 re te n tio n s 393:12 retired [7] 228:3 385:10 385:11 403:2 407:9,12 409:25 re tire m e n ts 228:5 re tro sp e c ts 255:1 428:14,23 429:16 431:10 reveal [I] 284:8 re v ie w s 198:17 202:8 217:8 265:8 reviewed s 206:12 254:21 255:18 265:15 318:13 344:14 437:17 reviewing p] 199:13 370:10 R ic h a rd s 251:18 Index Page 16 reading - Richard re a d in g s 198:20,21 278:8 301:24 386:3 413:16 ready [2] 228:21 425:21 real [6] 287:7 299:6 351:20 368:6 413:18 430:23 realize [l] 361:20 realized [i] 361:20 really po] 200:18.207:18 274:11 275:19 279:11,11 279:11 293:2 319:16 333:20 364:12 377:23 378:4,6 387:16 407:14 420:6,22 433:5 434:7 reason pi] 222:14 266:12 278:15 283:5 291:9 329:10,11 335:25 336:14,20,21 347:23 350:13 353:3 373:3 389:2 389:4 390:20 391:6 394:3 396:25 reasonable p] 262:3 339:25 438:5 reasons [8] 277:1 348:20 350:6 352:2,2 357:11 368:5 418:9 recalling pi 377:2 recalls [i] 202:10 received [i6] 203:14,16 238:20 239:1 255:17 261:1 269:23 271:9 274:17 300:19,21 337:1 345:16 366:24 370:11 380:7 receiving p] 259:17 322:16 390:17 recent [2] 205:15 350:4 recently [4] 205:18,19 271:10 275:1 recess [9] 228:19 272:13 316:8 344:24 376:9,11 416:1 425:20,22 recognition p] 207:21 276:12 395:24 recognize p] 234:25 235:6,8 277:18 280:5 301:10 305:9 recognized p3] 206:9 231:10 239:1 246:2,25 248:21 249:9,10 250:12 250:25 253:8 264:4 265:9 274:15 275:10 279:18 280:1 291:19 293:24 307:9 348:13,18 424:8 recognizing p] 262:7 262:14 recollect [1] 225:9 recollection [27] 224:10 238:11 247:22 248:5 251:2 258:22 259:16 267:4 274:3 289:8,10 300:13 301:21 304:24 322:15 326:8 332:7 353:10 370:6,12 379:7 381:23 383:15 387:14 400:21 401:4 403:2 recommend [l] 269:9 recommendation pj 262:19 269:14 379:15 Recommendations [i] 374:24 recommended p] '249:24 380:8 382:13 record [57] 198:2 209:3 214:11 215:21 219:13 228:17,20,22,23 230:18 233:11 241:20 242:13 248:12 253:6 258:3 262:23 272:12,15 279:17 282:14 286:16 292:9,11 295:23 302:2 312:3 314:24 316:5 317:3 319:2 334:4 335:21 337:11 340:20 342:9 345:1 349:25 359:7 365:6 376:8 376:11 390:1391:20 392:4,23 405:16 413:21 414:11 415:25 416:4 418:5 421:24 422:1 423:7 425:23 431:9 records [9] 236:20 311:11 389:14,17 390:7 390:11 393:11,11,12 rectify m 289:12 recycled pi 298:20 red [1] 234:23 redrafted [l] .411:17 reduce [5] 218:2 350:17 365:1 375:6 393:24 reduced [2] 306:1 441:7 reducing p] 348:10 365:24 reduction [l] 247:18 refer [4] 202:7,23 230:9 231:13 reference [9] 200:3 225:25 236:10 306:22 332:11 364:16 379:25 . 395:17 412:21 referenced m 238:3 references p] 207:4 403:18 referencing [l] 362:15 referring p] 266:7 290:11 294:23 refers [l] 299:9 reflect [2] 368:19 389:17 reflects [l] 228:5 refractory [4] 249:16 250:13 318:19 361:7 refresh [2] 274:3 370:11 regard [2] 224:5 238:11 regarding [i6] 215:4 249:5 271:5 284:21 297:18 318:24 345:5 350:4 363:16,17 366:18 367:21 386:21 396:14 398:3 442:24 regardless [8] 212:15 253:7,14 336:19 348:13 382:24 423:25 424:6 regenerators m 356:7 Registern] 306:6 regS[l] 312:25 Multi-PageTM regular [4] 259:19 292:2 371:3 398:21 reg u la tio n s 308:12 regulations [42] 261:8 261:18,23 306:19 307:25 308:1 309:17,23 312:16 313:14 315:7,23 320:18 264:11274:24 278:4,9 293:18 302:12 306:23 331:17 337:19 341:21 375:8 384:16 406:21 442:11 reported [i] 287.18 Reportedly s 414:3 330:3,11 368:20 372:19 373:16 404:18 420:9,13 respected p] 280:13 282:21 respirator [9] 276:22 311:9 333:2 334:14,17 338:2,24 367:2,4 323:13 324:24 328:14,25 329:7 330:17,21 332:7 333:4,9,14,15 335:4,6,8 335:12 346:16,19 348:15 348:19 350:24 351:12 357:1 360:1 381:14 394:21 404:9 408:15 428:11 regulatory p] 307:19 400:9 rein fo rcin g s 388:11 r e la te s 293:11 related [6] 285:19 327:1 384:14 385:18,19 432:14 relations s 389:21 relationship p] 253:16 254:5 278:20 279:8 433:3 433:7,8 re la tiv e s 441:11 relatively s 211:16 relied [2] 284:15 347:1 re lin e d s 359:10 rely [2] 280:23 361:23 reporting pi 331:12 337:14 reports [14] 203:7 255:3 255:6 265:20 266:16,24 267:16 275:6,17 277:25 278:17 413:16,24 429:14 represent [9] 214:22 236:22 268:9 293:22 332:1 405:25 427:11 436:21 439:3 representation p] 332:6 333:20 representative m 196:3,12 324:10 327:7 representatives [i] 339:24 representing s 333:13 represents p] 324:8 368:6 reputation p] 291:4,21 291:23 292:5,18,22 293:1 reputed s 429:10 re q u e s ts 390:li respirators [i2] 221:2 250:3 273:3 325:3,15 338:6,7 340:12 356:9,24 357:2,6 respiratory p3] 212:10 262:14,24 263:8 264:4 270:12,21 273:16 274:20 275:14 277:2,6,12 286:2 290:6 308:15 311:7 324:6 331:21 332:3 338:12 342:18 442:8 respond PI 241:22 270:5 responding pi 389:11 390:15 423:5 resp o n ses 268:6 280:17 284:20 289:7,9 329:19,20 430:20 responsibilities p] 224:19 362:8 responsibility p] 264:20 435:13,19 responsible [is] 208:17 209:5 220:14 264:16 313:13 321:18 381:13 re m a in d e rs 312:16 remained s 303:9 remember po] 206:20 266:12,13 267:9,23 278:8 300:12,12 301:20 322:17 344:5,17 348:5 373:5 387:7 389:19 391:4 408:18 413:16 426:20 reminded s 268:4 reminds s 236:19 removal p] 323:22 327:1 427:14 re m o v e s 239:24 415:3 415:7,9,13 removed [is] 240:3 273:21 299:14,17,20,24 300:20,25 302:5 303:16 303:21 357:18 359:11 408:24 409:2 removing p] 296:23 353:24 r e n d e r s 270:21 renewed [I] 408:24 renowned p] 280:19 282:7,21 repair [2] 289:19 396:17 r e p e a ts 419:8 repeatedp] 370:3,7,14 repeatedly [i] 298:20 rephrase p] 321:10 428:20 replace [2] 358:20,24 replaced pi 303:16 358:25 report [19] 202:18 203:14 203:17 225:25 226:9 requested s 284:12 requesting [i] 376:4 requests p] 389:11,13 389:20 390:17,20 391:7 391:15 require [7] 218:4 277:6 313:3 324:24 357:1 363:10 417:15 required p4] 217:24 219:2 261:23 273:12 277:3 290:5 292:2 310:5 310:9,18 313:15 319:6 319:15 328:20,25 330:17 338:17 340:1 357:10 394:21 396:16 397:2,15 408:16 requirement [4] 273:16 305:6 394:4 408:10 requirements po] 305:20,21 307:19 308:2 310:20 311:1,5,13,20 312:2,24 313:8 314:3,12 314:12,15 327:17 340:6 395:8 400:9 requires p] 309:17 328:4 331:25 373:17 392:19 398:10 400:3 requiring [4] 273:14 274:19 275:13 401:3 research [5] 204:22 280:16 284:14 301:2,8 researcher pi 280:10 282:21 re s e rv e s 440:10 resistan c es 379:13 respect [14] 216:18 225:5 225:10,20 281:17 291:5 400:23 411:3 435:3,5,21 436:9,14,15 responsiveness s 284:17 restricting s 365:23 restrictions p] 200:24 334:18 result [19] 224:6 227:3 286:2 287:20,20,23 312:19 323:4 324:14 326:15 348:9 351:10 357:21 369:7 386:6 413:6 417:22 426:17 432:10 resulted PI 312:1 426:23 resulting p] 211:8,20 212:10,24 255:7 305:19 347:6 397:1 416:9 results [6] 305:23 306:24 312:15 340:2,10 342:3 retain [l] 393:14 retention [I] 393:12 retired P] 228:3 385:10 385:11 403:2 407:9,12 409:25 retirement [l] 228:5 re tro sp e c ts 255:1 428:14,23 429:16 431:10 reveal [i] 284:8 review [4] 198:17 202:8 217:8 265:8 reviewed p] 206:12 254:21 255:18 265:15 318:13 344:14 437:17 reviewing p] 199:13 370:10 Richard [I] 251:18 Index Page 16 M ulti-PageTM systems [7] 217:21 218:1 334:16,20 358:19 426:14 238:7,13 246:25 247:14 218:7,9 219:6 220:11 289:18 -T- [3j 226:16 436:21 439:3 table [X] 322:12 takes [2] 319:16 326:4 taking [4] 196:21 239:7 262:2 441:6 talks [10] 223:12 268:10 318:8 325:19 331:11 366:6 388:5 393:11 406:12 414:22 tank[l] 343:13 tape [8] 234:24 272:16 344:23 345:1 415:23,25 416:3,3 TB [1] 288:8 TBB [2] 399:23 403:1 team [2] 408:4 409:4 tear [6] 303:5,7 307:24 426:15 427:13 428:7 tearing [i] 323:4 430:14 441:7 testing m 310:10 tests [4] 306:25 396:19 397:19,24 Texas [i7] i96:i,io 197:4,8,16 200:16,21,22 261:7,7,13,25 267:8 320:3,6 435:12,12 textiles [1] 234:22 Thank [3] 236:20 415:22 440:9 themselves p] 286:4 361:25 theoretical p] 243:23 257:9 thereabouts in 227:24 thereafter [i] 255:16 therefore pi 312:22 430:7 432:4 thereof [i] 340:2 Thereupon [45] 207:14 226:13 233:8 237:6 259:10 262:20 265:18 271:3 285:6 288:17 327:23 354:25 355:3 370:19 tied [1] 2 0 1 :2 1 tighter [l] 396:9 tiles [1] 235:25 times [13] 205:16 239:23 276:23 297:2,7 322:25 323:18 326:20 333:7 342:1 372:21 424:23 426:17 tired [2] 426:6 434:6 TLVp] 231:6 260:12 276:7 TLV'S [7] 208:12 256:22 256:23,24 257:20 261:16 276:14 today pi] 200:13 204:6 230:5 242:1,7,25 243:13 243:19,25 244:2 245:25 280:5 282:11 287:1 318:13 326:9 331:16 335:9 339:9 417:13,15 417:18 418:14,15,20,24 419:3 423:11 432:17 434:19 437:15 tech [1] 204:21 technical [l] 351:16 technically p] 377:3,21 telling [23] 201:9 277:7 278:3,16 309:22,25 310:1 330:12 332:4 336:21 342:16 358:24 417:25 418:22,25 419:1,11,22 420:18 424:23 425:6 433:6 434:24 tem peratures p] 343:20 353:1 289:23 290:15 293:20 298:3 304:20 306:16 316:7 317:4 319:10 320:12 321:21 330:7 331:9 345:9 350:2 352:18 362:18 366:21 368:2 369:19 371:12 372:17 373:14 378:22 384:6 386:19 388:14 389:7 392:1 396:23 398:7 399:20 412:19 414:16 440:13 therewasm 379:17 today's [l] 222:12 together [5] 199:9 354:7 409:21 419:7 423:14 Tom [6] 212:13,20 358:15 369:25 433:7,15 tOO [8] 213:11 247:9 305:10 349:6,22 357:10 425:10,12 took [12] 198:15 218:25 229:2 253:8 257:6 272:20 279:9 306:19 312:7 347:1 382:25 417:11 ten [18] 235:18 279:15 294:13,16,17 295:7,14 295:16 296:8,12 323:18 330:25 333:7 342:1 407:9 426:1,2 434:1 tends [1] 303:25 Tennessee p] 362:15 362:24 372:14 tenure in 437:3 term [2] 255:4 409:23 term inal [i] 418:17 terms [11] 211:1 244:6,7 267:8 307:7 363:7 373:7 382:4 401:3 407:5,5 terrible [5] 291:4,20 292:4,17,22 test [2] 312:15 355:10 testified [6] 199:7 402:18 406:2 427:12,17 430:16 testify [14] 200:17 203:23 239:20 240:12 276:13 387:19,21 435:23 436:7 436:8,10,13,14 441:6 testifying p] 201:14 202:1 testimony pi] 198:19 199:2 201:17 202:4,15 202:22 203:4 229:19 251:16 253:2 254:20 276:9 278:5 279:1 308:23 thermal [4] 234:2 235:11 355:16 356:7 th in [1] 213:11 thinks [2] 273:25 292:15 third [4] 226:20 227:13 273:1 352:5 Thomas [<n 196:18,20 197:6 198:3 242:6 441:5 thorough [l] 437:23 Thorp [5] 436:21 439:3 439:9,24 440:3 Thorpe [l] 197:5 thought [11] 212:4 263:15 290:9 324:13 348:1 405:17 407:25 423:4 433:3 435:3 439:14 thoughts [1] 283:22 thousands m 384:21 three [8] 199:15 274:14 275:10 352:1 376:4 377:11 401:9 404:10 threshold [9] 231:14,25 232:10 256:9,18 257:13 261:10 276:11 282:16 through [11] 206:6 235:18 249:18 289:14 290:20 298:20 312:24 313:1 374:12 411:2 422:7 throughout [9] 208:17 top[l] 399:4 ToSCap] 406:19 total [3] 200:12 203:16 362:12 totally [2] 342:22 359:2 toxic [4] 231:16 251:4 252:18 406:13 toxicity [2] 380:3 396:10 toxicological [2] 439:13 440:6 toxicologist [3] 437:5,6 437:12 toxicology [2] 437:7,9 Trade [l] 247:7 trained [i] 313:25 training [is] 318:24 319:17 329:2 406:13,19 410:12,18 411:5,8,12,15 412:22 419:5,6,8 transcribed [l] 441:8 transcription [i] 441:8 transition p] 421:15 422:4 translate [l] 326:2 transm it p] 429:25 432:5 Transportation [i] 238:20 travel [l] 20i:i treat [3] 330:3,11 440:6 treated [2] 220:6 423:20 treatment [4] 222:15 394:7,10 417:21 tremolitep] 360:25 361:15 364:2 trialp] 435:24 440:11 tried [1] 424:1 trigger [i] 210:18 triggered [i] 311:13 trips [1] 381:6 trucks [l] 439:6 true [13] 205:4 210:19 220:23 249:13 251:6 276:18 311:3 320:5 325:1 331:23 366:5 415:17 428:3 truly [2] 324:10 434:7 truth [3] 441:6,6,6 try [8] 246:4 282:19 283:16 286:15 339:4 365:1 393:24 423:24 trying [12] 200:2 244:3,4 280:24 350:23 366:11 390:13 391:23 394:6 429:6 433:1 434:4 tubing [1] 234:24 Tuesday [l] 306:6 turning [l] 366:24 twice [1] 433:22 two [26] 208:23 233:16 233:16 244:22 245:2,9 246:21 254:9,12 258:23 294:23 348:2 358:17 368:4 375:20 376:2 401:9 404:9,20 406:18,25 417:18 422:23 428:22 429:4 439:6 tvpepo] 225:21 235:19 248:5 258:12 273:2 279:20 280:22 281:17,18 281:23 282:8,23 284:12 294:10,18,23,25 325:7 336:3 354:6 361:19 370:2 372:9 386:6 395:1 398:10 411:12 426:23 427:3 439:20 typed [4] 240:18,25 250:9 370:4 types [11] 233:21 279:19 283:18 311:8 324:19,25 327:13 364:6 388:10,17 425:7 typical [l] 233:12 -U- U.S[1] 320:9 ubiquitous [2] 238:15 381:4 ultimately [4] 297:9 395:2 414:25 417:22 unchallenged p] 389:25 under [26] 198:11 202:1 203:4 223:1 236:6 240:24 systems - used 242:22 252:18 287:16,23 288:10 305:22 309:12 313:15 319:6,15 328:20 340:6 355:20 356:4 360:1 360:6 370:2 372:19 392:15 397:3 undergoing [l] 394:15 underm anned p] 362:7 362:24 underneath [i] 399:9 undersigned [i] 196:22 understand po] 198:11 231:1 242:9,14 243:9 244:5 260:9 340:4,9 342:2 360:23 362:25 387:19,21 394:13 406:4 410:7 421:20 429:16 436:4 understandably [ij 404:15 understands [l] 421:22 understood p] 230:25 248:8 360:24 undertaking [l] 211:14 Undoubtedly [i] 346:25 unfortunate p] 211:6 211:13 unibestosp] 343:17,19 344:2 union [3] 288:10 296:21 296:22 unions [1] 284:22 United [3] 256:6,14 382:4 unless [9] 210:17 242:6 242:18,20 243:3,17,25 299:20 390:14 unlikely [l] 255:10 unnecessary [4] 211:14 367:22 368:18 369:8 unreasonably [i] 323:24 unsafe [2] 214:4 373:25 unused [1] 352:23 unusual [1] 263:10 unventilated p] 212:15 268:12 unwarranted m 330:3 up [29] 200:4,9 215:18 217:12 233:22 234:3 240:2 244:18 250:8 288:8 289:14 291:25 311:11 312:7 328:18 329:2 333:7 343:20 359:12 360:5 363:18 378:6 385:17 391:11 411:9 413:24 423:11 429:5 439:12 updating [3] 363:2,7,11 upgraded] 362:11 upgrading [3] 373:7,17 374:4 upper [l] 244:19 usage [2] 235:5 368:18 used [56] 212:3 216:2 232:22 233:13,23 234:4 234:6,22 235:4,12 236:6 Index Page 19 useful - x-rays_____ Multi-PageTM 237:13,22 238:6,17 239:2 240:25 247:13,14 248:6 248:14 249:19 256:15 289:1,2 302:25 317:15 317:19 338:19 345:18 352:21 353:14,20 354:11 354:18,24,25 355:3,6,10 356:6 361:6 368:12 369:2 371:16 379:1,3 381:1 382:14 385:6 387:20,24 388:1,16,18 429:24 useful [4] 419:15,17,22 421:3 user [2] 438:19,25 uses [8] 235:14 238:16 247:17,22,22 276:22 375:8,12 using [13] 214:18 270:20 278:25 298:6 346:2,11 358:11,16,23 359:14 368:22 387:5 409:23 Utilizing [3] 214:24 353:8 439:20 -Y- vague[7] 208:23 258:22 370:22 391:19 409:23 435:15 438:24 vaguely P] 360:13 361:2 valid [l] 310:25 value [4] 231:25 276:11 418:22,24 values [6] 231:14 232:10 256:9,18 257:14 261:10 Vancouver p] 306:13 349:24 varieties pj 280:2 281:13 variety [3] 364:11 403:19 412:16 various [15] 210:3 214:7 235:13 238:7,12 248:1 289:7 311:13 317:9 355:11 362:6 370:18 385:6 399:16 411:3 varym 243:14 vastll] 388:23 vastly [i] 217:12 Vedrillp] 378:19,21 ventilate m 274:l ventilated p] 239:23 269:7 ventilating p] 274:12 274:12 ventilation [is] 212:11 212:19 218:9 239:25 240:6 262:15 263:9,13 263:18 264:6 273:20 274:4,10 302:18 311:8 324:6 vermiculite [5] 360:21 360:24 361:6,14,18 Vernon p] 208:1 264:11 401:16 versa [l] 411:9 versus [1] 274:12 vessel [1] 343:13 vice [2] 405:1 411:9 vicinity [2] 311:14 406:6 Victoria [1] 197:16 Videographer [i6] 197:18 198:1 228:16,21 272:11,14 316:4 317:2 344:25 375:22,24 376:7 376:10 415:24 416:2 425:21 videotape [i] 272:12 view [2] 284:22 341:15 violate [2] 216:3 346:19 violated pj 309:17 348:19 violating [2] 351:21 418:12 violation [is] 216:12 308:16 310:15 315:7,16 315:17,22 316:2 320:18 321:3 323:13 347:16,24 348:15 351:12 404:9 427:25 428:10 violations [12] 345:5,16 351:5,7,14 369:17 370:3 370:7,14,18,18,23 violative [I] 346:19 virtue [l] 203:8 visibility [l] 377:20 visible T25] 211:8,19 212:9,19 213:6,18,24 214:9 216:15 218:2 239:9 305:13,19 307:16,23 308:14,20 309:15 311:25 312:23 344:8,15 347:5 347:18,19 Visit [1] 369:1 Visual [1] 347:1 visually [1] 211:4 Volume [1] 196:19 voluntary [l] 286:3 VS [2] 196:6,15 -w- waitingm 391:10 W alker [153] 197:14,14 - 199:20,23 202:5 206:19 208:22 209:6,17 215:21 217:1 219:4 221:9 223:20 224:14,17 225:1 227:10 228:11,14 230:6 235:2 236:8,12,15 238:23 239:10,16 240:10 241:6 241:10 242:3,14,24 243:4 243:9,20 244:3,10,22 246:10,18 249:11 250:15 252:24 254:2,14,16 256:19 258:4 264:8 266:3 266:11 269:4 272:7,19 274:6 277:13 278:6 279:5 286:10 292:10,12 294:5 294:19 295:24 298:14 299:16,21 301:14,20 303:14,24 308:4 313:18 314:17 315:9,24 320:23 323:25 324:5 326:23 332:22 333:12,19 334:2 335:10 336:11 337:5,12 337:17,21 340:23 341:7 342:23 347:25 348:5 354:14 357:4 358:18 365:14 367:12 370:21 371:1 374:10 375:20,23 376:3 382:6 386:8 387:12 390:25 391:9,17 392:9 392:24 396:2 397:13 402:4,17 403:11 404:20 404:23 405:10 406:7 407:7 409:8,22 410:19 412:10 421:10,17,20,25 422:23 423:4 425:13,18 425:24 426:4,11 427:7 429:4 430:12 432:23 433:18,23 434:3,5,13 435:14 436:3 440:10 WALKERS [i] 375:17 wall [2] 236:1 384:10 w allboardp] 303:i Walsh [l] 256:17 Walsh-Healy [4] 256:1 256:3,8,23 wants [2] 292:14-390:15 W arickp] 214:19 warned [2] 302:12 328:5 warning [l] 328:11 warnings [l] 427:19 w arranted [2] 291:24 292:18 W arren [i] 197:18 W arrick p] 362:25 369:18 370:7 water [11] 238:17 239:2 239:8 240:2,8 241:13 244:15 245:22 246:8 306:24 359:11 W aters [147] 197:3,3 198:8 199:22 201:23 202:9,25 203:2 206:25 207:2 208:8 209:9 212:5 216:7 219:11,14 222:20 224:16 225:4 227:13 228:13,18,24 236:10,13 236:18 239:21 241:8,17 242:11,19 243:1,7,16,22 244:8,11 245:15 246:3 247:3 248:10 250:18 251:21 252:7 254:11,15 255:23 257:25 258:8,14 263:4 264:14 267:2 269:24 272:10,17 276:6 277:20 279:13,24 282:3 282:12,18 284:16 286:20 287:13 288:3 289:4 292:7 293:5 294:25 295:11,21 296:4 297:14 299:19 306:2 312:9 313:22 314:8 314:22 315:13 316:3 317:6 324:3,7 326:24 333:17,24 334:5 335:14 335:19 336:13 337:16,18 339:1 340:18 341:1,19 342:7 344:22 345:2 348:3 355:2 358:21 366:14 367:19 374:12 375:18 376:1,6,13 391:10 392:22 397:7 403:12 405:14 408:2 413:19 414:4 415:23 416:5 418:3 421:22 422:2 423:2 425:16,19 426:2,7,12 430:1,17,25 431:7 433:1 433:21,25 434:4,9,16 436:1,17 438:8,23 440:1 442:2 Wayne pj 376:15,16 waysfi] 341:13 wear [13] 221:2 274:19 275:14 277:11 286:4 290:6 325:11 336:6 339:9 341:16 367:11 413:9 430:10 wearing [M] 250:3 320:19 333:2 334:22 336:3 338:1,6,9,24 339:18,20 340:17 341:16 367:2 Wednesday [l] 196:18 weighted [s] 308:18 309:1,4 310:2 334:9 Well-known [i] 280:13 Westinghouse p] 360:18 376:16 377:9 Wet p] 324:2 334:5,6 wetted [1] 323:16 wetting [1] 428:8 Whatley [5] 196:2,3 315:18 355:25 435:22 whatsoever r2] 229:13 370:9 whereas p] 260:12 419:2 WHEREOF [1] 441:13 wherever p] 369:12 374:21 379:8 382:13,22 whole m 213:16 223:12 249:17 259:2 399:23 400:2 441:6 wide [2] 371:21 379:3 winded [1] 424:15 wish [2] 241:22 425:19 wished [l] 200:20 within [l] 379:14 without [26] 210:3,11,11 210:16 211:8 213:7,19 214:19 216:2 242:22 267:21 291:4 301:23 302:17 308:15 315:20 324:22 330:3 351:5 356:10 390:12 417:11 428:8,8,9 441:10 witness [11] 196:20 198:4 242:12 292:13 335:20 391:1 427:9 431:5 436:17 441:8,13 witnessed [l] 346:5 wolfm 425:12 Woodward m 306:13 word [7] 240:18 282:7 338:19,21,22 370:3 410:7 Words [5] 279:15 322:20 338:14,16 409:11 wore [I] 338:19 workable [1] 359:3 worked [8] 200:6 201:4 270:2 273:14 296:22 353:14 378:20-423:19 worker [7] 21.3:18 309:15 319:6 328:25 330:12 422:8 432:21 workers [85] 202:19 208:20 209:15 210:9,16 212:12 213:7,24 214:7 222:14 224:6 226:4 227:4 267:20 268:8 273:7,22 275:14,22 277:1,8,10 278:16,24 283:19 287:25 290:25 294:9,12,16,21 295:14,19 296:8,11,14 296:22 297:1 301:9 302:7 302:14,19 303:12 304:8 308:14 311:15 324:18 327:4 328:5 336:7,22 341:25 353:23 361:24 366:2 379:10 381:13 382:5,21,22 385:4 386:4 398:5 413:6,15 416:7,16 416:25 417:6,14,15 420:1 420:10 421:6 424:12,19 425:6 428:15,25 429:2 430:9 431:20 432:18 433:13 434:24 w orkers' pj 206:15 226:20 workplace [i4] 269:7 301:10 363:20 365:2,3 366:3 378:12 380:1,3 413:8 416:13 417:16 419:12 421:7 works [10] 265:14 271:18 287:7 293:14 297:8 321:17 354:4 366:10 401:16 423:18 world [3] 340:8 380:23 438:15 worldwide [1] 280.15 worms [1] 400:3 worn [7] 343:2 356:9,25 357:3,7,10,10 worry p] 334:17,19 418:11 worsen] 293:1 worth [3] 376:2 381:18 432:21 writes [3] 281:11,11 406:11 writing [3] 268:6 377:9 393:8 written [8] 222:2,3,8 245:11 254:9,10,19 341:12 wrong [4] 334:24 342:6 418:19 425:3 wrote [7] 266:20 268:20 284:11 291:19 292:19,20 361:22 -X- X [3] 245:11 250:9 399:1 X 'd [1] 245:4 X'S [l] 245:8 X -ray p] 269:11 394:21 X -rays [4] 269:10,10,19 269:21 Index Page 20 _________________ ________ _________ Xerox [1] 300:4 1 -Y- yarnti] 234:24 year [13] 212:6,7 241:22 241:23 346:15 377:24 385:18,24 404:11,19 405:7 419:8,9 yearly p] 269:10,19 years [32] 213:13 218:25 246:25 270:11 274:14,16 275:10,12 277:9,15 278:13 284:7 291:25 358:17 368:21 377:12 391:24 392:5 393:13,19 395:11 396:12 402:15 407:10,22 408:18 418:16 422:20 423:1,12 431:18 435:1 yelling [1] 425:12 yet [3] 318:20 368:18 397:10 York [2] 236:25 384:15 younger [ij 264:24 yourself[9] 233:17 290:17 304:14 306:12 345:4 367:21 371:7 373:11 404:7 yourselves [i] 439:12 _______ -Z- Zang[l] 197:4 zipping [l] 374:12 zonetl] 344:16 Multi-PageTM Xerox - zone Index Page 21