Document 5bo03jvaOvmzvd1Ge8Q16mdre

FILE NAME: Chevron (CHV) DATE: 1991 Nov 7 DOC#: CHV002 DOCUMENT DESCRIPTION: Legal - Deposition of John Spence with Notes from BC // 4MtC& / ^ j y fhn*~dJrl<ili-i / CalNobth Reporting Service CERTIFIED SHORTHANO REPORTERS FOUNTAINGROVE CORPORATE CENTRE ONE V 3510 UNOCAL PLACE, SUITE III SANTA ROSA, CALIFORNIA 95403 POST OFFICE BOX 4 5 0 0 LNTA ROSA. CALIFORNIA 9 4 5 0 2 -4 5 0 0 (707) 579-4500 (BOO) S47-444I FAX 1707) 579-5738 Mr. John A. Spence 1081 Lea Drive San Rafael, CA 94903 November 7, 1991 CSR No. 7645 Job No. 18886-2 Re: Harold Dennis vs. Abex Corporation The original deposition transcript taken in the above matter on November 7, 1991 is now available for reading and signing at our office. For 35 days following this notice the deponent, either in person or by a signed letter, may change the form or the substance of the answer to any question, and may either approve the transcript of the deposition by signing it, or refuse to, approve the transcirpt by not signing it. We do not release the original transcript from this office. You may read and correct your testimony from a certified copy of the original transcript which may be obtained only by the parties to this action at that party's expense. Please telephone this office for an appointment if you desire to review the original deposition transcript. Sincerely, Cyntnia Manning, CSR 7645 cc: Counsel of record 1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE COUNTY OF SAN FRANCISCO 3 4 HAROLD DENNIS, ) ) 5 Plaintiff, ) 6 vs. ) ) No.902130 ) 7 ABEX CORPORATION, et al., ) ) 8 Defendants. ) ______ __________________) 9 10 11 12 13 14 VOLUME I 15 DEPOSITION OF JOHN A. SPENCE 16 Thursday, November 7, 1991 17 (Pages 1 - 6 9 ) 18 19 20 21 22 Reporter: 23 CYNTHIA L. MANNING, CalN orth 24 CSR No. 7645 25 R eporting S ervice Certified Shorthand Reportes Fountadjgrove Corporate Centre One 26 3510 Unocal Place Surs 111 Santa Rosa,California 95403 (707) 579-4500 (800)547-4441 2 1 INDEX 2 3 WITNESS: 4 John A. Spence 5 EXAMINATION BY: Page 6 James L. Hand, Esq. 5 7 Robert Beale, Esq. 63 8 FURTHER EXAMINATION BY: 9 James L. Hand, Esq. 64 10 11 12 NOTE: No deposition exhibits were marked. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (800) 547-4441 CALNORTH REPORTING SERVICE (707) 579-4500 3 1 BE IT REMEMBERED that, pursuant to 2 Subpoena, and on Thursday, the 7th day of 3 November, 1991, commencing at the hour of 3:10 4 p.m., at the Law Offices of BRAYTON & ASSOCIATES, 5 999 Grant Avenue, Novato, California 94948, 6 before me, CYNTHIA L. MANNING, CSR No. 7645, a 7 Notary Public in and for the County of Sonoma, 8 State of California, there personally appeared 9 JOHN A. SPENCE, 10 called as a witness by the Plaintiff herein, who 11 being by me first duly sworn, was thereupon 12 examined and interrogated as is hereinafter set 13 forth. 14 The law offices of BRAYTON & 15 ASSOCIATES, 999 Grant Avenue, Novato, California 16 94948, by JAMES L. HAND, Esquire, appeared as 17 Counsel on behalf of the Plaintiff; and 18 The law offices of JACKSON & 19 WALLACE, 33 New Montgomery Street Tower, 18th 20 Floor, San Francisco, California 94105, by ROBERT 21 BEALE, Esquire, appeared as Counsel on behalf of 22 Plant Insulation; and 23 The law offices of HARDIN, COOK, 24 LOPER, ENGEL & BERGEZ, 1999 Harrison Street, 18th 25 Floor, Oakland, California 94612, by JAMES P. 26 DOWNS, Esquire, appeared as Counsel on behalf of (800) 547-4441 CalN orth Reporting Service (707) 579-4500 4 1 Western MacArthur; and 2 The law offices of SEDWICK, DETERT, 3 MORAN & ARNOLD, One Embarcadero Center, 16th 4 Floor, San Francisco, California 94111, by MARK 5 B. JACOBS, Esquire, appeared as Counsel on behalf 6 of Chevron Corporation. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (800) 5474441 CALNORTH REPORTING SERVICE (707) 579-4500 % 5 1 EXAMINATION 2 BY MR. HAND: Q. Would you please 3 state your name for us. 4 A. John A. Spence. 5 Q. Mr. Spence, I am James Hand. I 6 introduced myself to you earlier today. 7 Our office represents a number of 8 plaintiffs in asbestos litigation in Northern 9 California, mostly involving shipyards, but with 10 a fair amount of cases involving construction 11 sites and refineries and powerhouses and other 12 locations. 13 We have subpoenaed you today to come 14 testify before us so that we can learn more about 15 the events that give rise to some of the asbestos 16 litigation in Northern California. 17 Have you ever been deposed before? 18 A. Yes. 19 Q. Can you tell me onapproximately 20 how many occasions? 21 A. I guess two times. 22 Q. You may remember, but I will remind 23 you, that although we're in informal surroundings 24 here today, you are giving testimony under oath, 25 just as you would be in a court of law. 26 Is that understood? (800) 5474441 CalN orth Reporting Service (707) 5794500 6 1 A. Fine. 2 Q. And if I ask a question that you 3 don't understand, please let me know, and I 'll 4 rephrase it. 5 Is that all right? 6 A. Fine. 7 Q. Am I correct that on neither of the 8 other two occasions when you gave deposition 9 testimony was asbestos at issue? 10 A. Correct. 11 Q. You are presently retired; is that 12 correct? 13 A. Yes. 14 Q. Can you tell us when you retired? 15 A. '83, '82. 16 Q. Have you hadan opportunitybefore 17 you came here today to give deposition testimony 18 to meet with counsel for Chevron Corporation? 19 A. Restate that, please. 20 Q. Have you had a chance before you 21 came here today to discuss your upcoming 22 deposition with counsel for Chevron Corporation? 23 THE WITNESS: You're counsel for -- yeah. 24 You're not with Chevron. 25 Okay. Yes. 26 MR. HAND: Q. And you have an (800) 547<444i C alN orth R epo rting S er v ic e aoi) 5794500 7 1 attorney, Mr. Mark Jacobs, with you here today; 2 is that correct? 3 A. Yes. 4 Q. Can you tell us when you first 5 began work for Standard, and we'll get to the 6 exact name in a moment, but the Standard or 7 Chevron group of companies? 8 A. 1945. 9 Q. And what was the company known as 10 at that time that employed you? 11 A. Chevron -- I guess it was Chevron 12 Research. 13 Q. Or I suppose it wasn't even known 14 as Chevron back in '45, was it? It was still 15 Standard Oil? 16 A. No, I think the research operating 17 company might have been Chevron. 18 Q. And can you tell us your first 19 position with Chevron Research? 20 A. Research chemist. 21 Q. And how long did you remain with 22 Chevron Research? 23 A. By that do you mean with Standard? 24 Q. Let's just take the company called 25 Chevron Research first. 26 A. Nine years. (800) 547-4441 CalN orth Reporting Service (707) 579-4500 8 1 Q. And that would take us up to about 2 1954? 3 A. Yes. 4 Q. And then what did you do? 5 A. The company elected to send me back 6 to Harvard. 7 Q. And what did you study back at 8 Harvard? 9 A. Industrial hygiene. 10 Q. And how long were you at Harvard? 11 A. One year to get a masters. 12 Q. And then you obtained your masters 13 degree about 1955? 14 A. Yes. 15 Q. And did you return to Chevron 16 Research? 17 A. No, I returned to the corporation. 18 Q. At that time Chevron Corporation? 19 A. Yes, I guess -- yes, probably was. 20 Q. And were you' with Chevron 21 Corporation then from 1955 until you retired? 22 A. Yes. 23 Q. And I'm sorry, I missed the year 24 that you retired. 1983 you said? 25 A. I guess it was mid-'82. 26 Q. When you began work at Chevron (800) 547-4441 CalN orth Reporting Service (707) 5794500 9 1 Corporation in 1955 what was your job position? 2 A. Industrial hygienist. 3 Q. Did you have a -- strike that. 4 What was the exact title of the position, 5 was that it, industrial hygienist? 6 A. Corporate Industrial Hygienist is 7 as close as I can come. 8 Q. A lot of these events occurred a 9 long time ago, so we understand if you can just 10 give us your best estimate or the best of your 11 recollection. If you don't remember, let us know 12 and that's fine as well. 13 A. Thank you. 14 Q. At some point at Chevron 15 Corporation did you become the head of the 16 Industrial Hygiene Department? 17 A. Yes. 18 Q. And whenwould thathave been? 19 A. Well, I was always the head. 20 Q. When did they actually have a 21 formal department that they called it? 22 A. Well, they had a section -- you're 23 playing with words on a department. I would say 24 they had a section in Safety Division - 25 Q. Fine. 26 A. -- within amatter of acouple of (800) 547-4441 CalN orth Reporting Service (707) 579-4500 10 1 years because we started adding people, but I was 2 the manager of the Chevron Environmental Health 3 Center later. 4 Q. And when did that begin? 5 A. That would be -- I really don't 6 remember the date. 7 Q. The approximate year? Early '60s? 8 Mid-'60s? 9 A. Let's see. That would be '82 - 10 '72. Somewhere around '70. '70, '72. 11 Q. I need a little more help 12 understanding the structure in 1955. 13 A. Okay. 14 Q. Was there a Safety Division? 15 Is that the term you used? 16 A. There was a Corporate Safety 17 Division. The fledgling industrial hygiene was 18 put under the Safety Division, so it would 19 effectively work through the field safety system; 20 but there was also a broken line where I reported 21 to the medical director of the corporation. 22 Q. How would you characterize the 23 relationship between the medical director and the 24 Corporate Safety Division? 25 A. It was on the same floor very close 26 and I was the liaison between the two. (800) 5474441 CalN orth Reporting Service (707) 579-4500 11 1 Q. But the two were separate, one did 2 not report to the other? 3 A. That's correct. 4 Q. Who would Corporate Safety Division 5 have reported to in 1955? 6 A. General manager of personnel for 7 the corporation. 8 Q. And within Corporate Safety 9 Division there were sections; is that correct? 10 A. Yes. 11 Q. And one of those sections was 12 industrial hygiene? 13 A. Right. t 14 Q. What were the other sections? 15 A. Compensation, Workmen's 16 Compensation. So I guess it would be three, 17 basically three sections. 18 Q. I missed one. Industrial Hygiene. 19 A. Safety. 20 Q. And Worker's Compensation? 21 A. And Worker's Compensation. 22 Q. Then in 1955 were you head of the 23 industrial hygiene section? 24 A. Head of myself, yes. 25 Q. Was it a one-person section? 26 A. For the first year. (800) 547-4441 CalN orth Reporting Service (707) 579-4500 12 1 Q. And then about 1956 additional 2 professionals were hired into that section? 3 A. Yes. 4 Q. And what were their job titles? 5 A. Industrial hygienists. 6 Q. You then began to supervise other 7 industrial hygienists? 8 A. Yes. 9 Q. Let's take a look at what the 10 structure was like, let's say, about ten years 11 later, mid-'60s. Was there still a Corporate 12 Safety Division? 13 A. Yes. 14 Q. And were there still the same three 15 sections? 16 A. Yes. 17 Q. But the industrial hygiene section 18 had changed so that instead of having one 19 professional, yourself, there were several 20 professionals? 21 A. (Witness nods head.) 22 Q. Is that "yes"? 23 A. Yes. 24 Q. Because of the court reporter, we 25 need you to answer verbally. 26 A. That's right. I get carriedaway. (800) 547-4441 CalN orth Reporting Service (707) 579-4500 13 1 Q. Can you tell me about how many 2 industrial hygienists were on board by the 3 mid-'60s? 4 A. I am afraid I'm not very close on 5 this. There weren't many, four, five, something 6 in that order. Somewhere in there we were 7 getting toxicologists, but I can't tell you when 8 just exactly. 9 Q. What would the organization's 10 structure have been? 11 A. Pardon me? 12 Q. Would that have been within 13 industrial hygiene, within safety, or would this 14 have been some other organizational unit? 15 A. They were with the Safety 16 Division -- I mean the Industrial Hygiene 17 Division. 18 Q. So around the mid-'60s you were 19 supervising perhaps three or four other 20 industrial hygienists and maybe one or two 21 toxicologists? 22 A. I can't tell you the mid-'60s. I 23 don't remember the dates. It could be later. I 24 just don't remember. 25 Q. Once the toxicologists were hired, 26 were they under your supervision? (800) 547-4441 CalN orth Reporting Service (707) 679-4500 14 1 A. Yes. 2 Q. When you were first employed by 3 Chevron Corporation as an industrial hygienist, 4 what were your duties? 5 A. To develop a program to protect the 6 employees, to make sure that our products were 7 safe for their intended use. 8 Q. Which employees were you concerned 9 with protecting the health and safety of? 10 A. Corporate employees, corporate 11 family. 12 Q. By that do you mean all employees 13 throughout the family of companies? 14 A. Chevron. 15 Q. So it would not have been simply 16 employees of Chevron Corporation, it would have 17 always included, for instance, employees of 18 Chevron Chemical? 19 A. Yes. 20 Q. In the mid-1950s, to the best of 21 your memory, what was the Chevron organizational 22 unit that operated the Richmond refinery? 23 A. Well, the operating company. The 24 names change over the years, so I can't tell you 25 in the '50s just exactly what the name was. 26 Q. At some point the Richmond refinery (800) 547-4441 CalN orth Reporting Service (707) 579-4500 15 1 was operated by a company referred to as Western 2 Operations; is that correct? 3 A. Yes. Yes. 4 Q. What's your understanding of the 5 full name of that company? 6 A. I don't understand your question. 7 Q. Was the full name of the company 8 Western Operations, Inc., or was it Chevron 9 Western Operations, Inc., or what name do you 10 understand the company had? 11 A. I just recall Chevron -- Western 12 Operations, Inc., as an operating company of 13 Chevron. 14 Q. And you understood in 1955 when you 15 became the industrial hygienist at Chevron 16 Corporation that one of your duties was to 17 establish a program of industrial hygiene to 18 protect the health and safety of workers of 19 Western Operations, Inc.? 20 A. No. No. They developed their own 21 program. I merely was there to counsel, advise. 22 Q. What do you understand was the 23 program of industrial hygiene in effect at the 24 refineries in the mid- and late 1950s? 25 A. Well, the safety engineer was in 26 charge of advising the local management, and (800) 547-4441 CalN orth Reporting Service (707) 579-4500 16 1 safety provided coverage instructions and safety 2 equipment, and they had regular safety meetings 3 with the employees to educate and advise on 4 hazards. 5 Q. As you understood it, by the late 6 1950s each refinery had one or more safety 7 engineers? 8 A. To the best of my recollection. 9 Q. Do you have any understanding as to 10 whether there was a safety manual provided to the 11 local refineries that was not developed at each 12 refinery one by one; that is, I don't care 13 whether it's a manual developed by Western 14 Operations and disseminated to all the refineries 15 through Western Operations, or developed by 16 Chevron Corporation, or developed by an outside 17 company. 18 What I am looking for is your best 19 recollection, in essence, on did each refinery 20 develop their own safety and health manual, or 21 were they provided some material outside of the 22 local refinery? 23 Do you understand what I mean? 24 MR. JACOBS: I am going to object to the 25 question as compound, vague. It's got ambiguous 26 components and a couple of non sequiturs within (800) 547-4441 CalN orth Reporting Service (707) 579-4500 17 1 it, which make it argumentative. 2 MR. HAND: Q. You may go ahead, Mr. 3 Spence. 4 MR. JACOBS: Did you understand the 5 question? If you don't understand the question, 6 you can ask Mr. Hand to rephrase the question. 7 THE WITNESS: Rephrase it. Apparently I 8 missed the point. 9 ' MR. HAND: Q. Well, I don't think you 10 missed the point. The question is whether 11 material was provided from outside of the 12 refinery or everything was initiated and 13 generated internal from the refinery? ~ 14 A. That's easy to answer. Information 15 was provided to the refinery. 16 Q. And who provided that information? 17 A. Well, we provided it from the 18 corporation, industrial hygiene. The corporation 19 safety provided it. The API provided it. They 20 had an annual safety engineers meeting where 21 representatives from all the refineries came to 22 the corporation and information was provided at 23 that time. 24 Q. Do you recall by the late 1950s 25 there being some type of an organized manual that 26 would be periodically updated as opposed to (800) 5474441 CalN orth Reporting Service (707) 5794500 18 1 merely a series of separate communications 2 provided? 3 Was it organized in some way that you can 4 recall by chapters or numerically? 5 A. I don't recall specifically such a 6 manual, but I wouldn't necessarily have that 7 manual. 8 Q. You don't recall being provided a 9 draft of a manual for periodic or annual 10 revision? 11 A. No, not a manual. 12 Q. What I am trying to understand, 13 then, is by the late 1950s, if a question on 14 industrial hygiene arose at the local refinery, 15 what the nature of the material is that they 16 would have to consult to address that question, 17 whether they could have, for instance, looked in 18 Chapter Number 3 of the Safety Manual, or looked 19 at Section 1.7 of the Industrial Hygiene Manual 20 or the Operating Manual? 21 What do you understand existed at the 22 local refineries by the late 1950s that addressed 23 industrial hygiene concerns? 24 A. I really don't understand your 25 question. 26 MR. JACOBS: That's because it's (800) 5474441 CalN orth Reporting Service (707) 579-4500 19 1 argumentative and compound and it assumes facts 2 which haven't been testified to, and there are 3 certain aspects of it that are vague and others 4 which are ambiguous. So maybe Mr. Hand would 5 rephrase the question for you. 6 THE WITNESS: I just don't understand 7 "the manual." 8 MR. HAND: Q. Okay. Sure. Well, that 9 is, for instance, the local refinery has a 10 question on -- let me strike that. 11 What would a chemical be that would be 12 found in many refinery operations that would 13 require some precautions be taken in the late 14 '50s? Like methyl or ethyl ketone? 15 A. Phenyl. What's your question then? 16 Q. Phenyl? 17 A. Well, yeah. 18 Q. Is that one of the chemicals that 19 one would have to take some precautions when 20 handling? 21 A. Yes. 22 Q. Phenyl. 23 A. I just used that. 24 Q. If the question arose in the local 25 refinery in the late 1950s as to what precautions 26 could be taken when working with phenyl, would (800) 547-4441 CalN orth Reporting Service (707) 579-4500 20 1 the local refinery personnel look in the P 2 Section under phenyl? Or would they have a 3 section of a manual that addresses chemicals? 4 Would the manual be organized numerically, 5 alphabetically? 6 I'm trying to understand what existed at 7 that time. 8 MR. JACOBS: Let me object to the 9 question. It's argumentative in any one of a 10 number of ways, James, because it assumes the 11 existence of things which, number one, may not 12 exist; number two, if they do exist, may not be 13 identical over the broad variety of locations 14 which are implicit in your question. 15 I mean, Mr. Spence has described safety 16 procedures at a local level, and you're trying to 17 extrapolate all the information and put it into a 18 manual which doesn't seem to exist. And it makes 19 your questions argumentative, and it makes them 20 compound in a way that makes it very difficult 21 for Mr. Spence to answer. 22 MR. HAND: Q. Well, all I'm trying to 23 look at is whether there was some type of manual. 24 Can you give us your best recollection of 25 what you understood existed at the time at the 26 refineries? (800) 547-4441 CalN orth Reporting Service (707) 579-4500 21 1 A. There was a wide variety of 2 literature, sources; for example, from API, for 3 example from us, from other safety engineers, 4 from other refineries. So they had all kinds of 5 reference material to go to. 6 Q. But not organized in a manual of 7 some sort and by subject matter? 8 A. I couldn't tell you what the 9 individual refinery had at that time. 10 Q. I believe earlier you described 11 annual meetings of plant safety personnel? 12 A. Corporate meetings, yes. 13 Q. What do you mean by a corporate 14 meeting? 15 A. Well, it would be safety engineers 16 from, say, the Richmond refinery, the El Segundo 17 refinery, Chevron Chemical, and any other 18 operating unit that wanted to send a person. 19 Q. Have you previously addressed some 20 of those meetings? 21 A. Yes. 22 Q. Have you previously attended 23 meetings of the API? 24 A. Yes. 25 Q. Which sections of the API have you 26 attended meetings of? (800) 5474441 CalN orth Reporting Service (707) 5794500 22 1 A. The name of the sections varies 2 with time, but it was initially the Medical 3 Advisory Committee. 4 Q. And subsequently? 5 A. Well, the name changed. I am not 6 going to go through all of the changes. 7 Q. Can you remember any other 8 variations of the name? 9 A. Not really. Not accurately, no. I 10 think one was possibly Health and Biological 11 Science. 12 Q. Do you recall there being at some 13 point in the past an Industrial Hygiene 14 Committee? 15 A. Yes, that was a subcommittee of 16 that committee. 17 Q. Industrial Hygiene Committee was a 18 subcommittee of the Medical Advisory Committee? 19 A. Right. Most medical directors took 20 their industrial hygienists as their technical 21 advisors. 22 MR. HAND: I'm sorry, could you -- Court 23 Reporter, could you read that back? 24 (The Reporter read the record as follows: 25 "Right. Most medical directors took 26 their industrial hygienists as their (600) 547-4441 CalN orth Reporting Service (707) 579-4500 23 1 technical advisors.") 2 MR. HAND: Q. Let's see if I 3 understand this a little better. 4 In the late 1950s there would be meetings 5 of something called the Medical Advisory 6 Committee of the API? 7 A. (Affirmative nod.) 8 Q. Is that right? 9 A. Yes. 10 Q. And there were then subcommittees, 11 is that an accurate way to describe it? 12 A. Yes. 13 Q. And one of those subcommittees was 14 the Industrial Hygiene Subcommittee? 15 A. Yes. 16 Q. What were some of the other 17 subcommittees of the Medical Advisory Committee? 18 A. Over the years there were so many 19 subcommittees, I'm sorry, I can't -- I can't 20 recall any of them. 21 Q. I know you can't recall all of 22 them. Can you recall one or two for us? 23 A. There was a subcommittee on 24 asphalt. 25 Q. And that would have been within the 26 Medical Advisory Committee? (800) 547-4441 CalN orth Reporting Service (707) 579-4500 24 1 A. Yes. 2 Q. Can you recall - 3 A. That was evaluating toxicology of 4 asphalt. 5 Q. Can you recall one or two others? 6 A. Not in the 1950 era. Over the 7 years there was so many. I just can't separate 8 them. 9 Q. Can you recall any names of any of 10 the other subcommittees at any time? 11 A. Well, there was one on noise. 12 Q. Any on specific chemicals? ' 13 A. I can't go back to the 1950s. 14 Sorry. 15 Q. Well, or even some time in the 16 1960s or the 1970s? 17 A. I draw a blank. 18 MR. JACOBS: It's okay. 19 MR. HAND: Q. Can you remember any 20 more at this time? 21 A. I am blank now. 22 Q. That's fine. If it comes to you a 23 little later, let us know. Is that all right? 24 A. All right. 25 Q. Do you recall there ever being any 26 subcommittees that addressed medical or safety (800) 547-4441 CALNORTH REPORTING SERVICE (707)579-4500 25 1 aspects of silica? 2 A . No. 3 Q. Do you recall there ever being any 4 subcommittees that addressed medical or safety 5 aspects of asbestos? 6 A. No. There was a subcommittee on 7 product labeling. 8 Q. There was a subcommittee on product 9 labeling? 10 A. Yes. 11 Q. Did they, to the best of your 12 recollection, have any discussion about asbestos? 13 A. No. , 14 Q. Do you recall there ever being any 15 discussions at any of these subcommittees as 16 regards asbestos, including the Industrial 17 Hygiene Committee? 18 A. No, I don't recall any. 19 Q. Do you recall there ever being any 20 discussions at any of these subcommittees on the 21 methods of dust control? 22 A. No, there was no subcommittee on 23 dust control. 24 Q. I understand it was not a 25 subcommittee on dust control. My question is 26 whether dust control was ever discussed at any of (800) 5474441 CalN orth Reporting Service (707) 579-4500 27 1 (Counsel and witness confer.) 2 THE WITNESS: Pardon? 3 MR. HAND: Q. I 'm sorry. Your 4 attorney was talking to you so we lost the 5 question. 6 Were there any meetings of the Industrial 7 Hygiene Subcommittee that you attended where 8 asbestos was ever discussed? 9 A. Not to the best of my recollection. 10 Q. Do you recall ever being told by 11 any other employees -- strike that. 12 Do you recall ever being told by anyone 13 of discussions of asbestos at any Industrial 14 Hygiene Subcommittees meetings? 15 A. Not that I recall. 16 Q. Do you recall ever seeing minutes 17 of any Industrial Hygiene Subcommittee meetings 18 where the issue of asbestos was addressed? 19 A. No. 20 Q. And let's make it a little broader. 21 Have you ever been present where there was any 22 discussion of asbestos where there were persons 23 present representing other oil refinery 24 companies? 25 MR. JACOBS: Are we talking about at the 26 API now? (800) 547-4441 CalN orth Reporting Service (707) 579-4500 28 1 MR. HAND: No. Anywhere. 2 Q. For instance, if you went to visit a 3 Shell refinery, or to visit a Phillips refinery, 4 or you just met with a fellow industrial 5 hygienist from Exxon, and one of the issues that 6 you discussed or that others discussed in your 7 presence was asbestos. 8 So the question is, then, do you recall 9 there ever being any discussion of asbestos where 10 persons were present representing other refinery 11 companies? 12 A. I do not recall it; however, it is 13 not improbable or impossible that at the American 14 Hygienist Association there would have been a 15 technical paper on measuring asbestos and I could 16 have been in the audience. So, you know, I can't 17 say no; but I don't recall it. 18 Q. All I am asking is whether you 19 recall any. 20 A. Yeah, well, I don't recall. 21 Q. And outside of formal meetings, did 22 you, yourself, ever discuss asbestos with anyone 23 from another refinery company? 24 A. I don't recall. 25 Q. Do you recall ever seeing any 26 written information evaluating the thermal (800) 547-4441 CALNORTH REPORTING SERVICE (707) 579-4500 29 1 effectiveness of nonasbestos versus 2 asbestos-insulating materials? 3 A. NO. 4 Q. Do you have any understanding as to 5 whether health aspects of asbestos was ever 6 discussed at any meeting of the Medical Advisory 7 Committee? 8 A. I am sure it was. 9 Q. Why? 10 A. Pardon? 11 Q. Why? 12 A. Because it's just logical that it 13 would have been discussed. I do not recall the 14 specific situation. 15 Q. Did you attend any meetings of the 16 Medical Advisory Committee as opposed to the 17 Industrial Hygiene Subcommittee? 18 A. Yes. 19 Q. Those twobodies would meet 20 separately? is that correct? 21 A. They could meet together and they 22 could meet separately. 23 Q. Do you recall therebeing publicity 24 coming to your attention in approximately the 25 mid-1960s of research being done through the Mt. 26 Sinai group and Dr. Irving Selikoff of health (800) 547-4441 CalN orth Reporting Service (707) 579-4500 30 1 aspects of asbestos? 2 MR. JACOBS: Objection, vague as to time. 3 Go ahead. 4 THE WITNESS: The name Selikoff and Mt. 5 Sinai is familiar to me. I cannot recall 6 specifically if it had anything to do with 7 asbestos. I may or may not have been privy to 8 it. 9 MR. HAND: Q. Do you recall by the 10 mid-1960s any of the industrial hygiene books or 11 other publications that you had access to at 12 Chevron? Any of the classics in the field that 13 you would have had in your possession or had 14 access to? 15 A. I don't remember the names. That's 16 a long time for me. 17 Q. Well, let me take a short break 18 here, I think I have a few names, and maybe I can 19 ask you about them in particular. 20 A. I might recognize them once I hear 21 the name. 22 Q. I suspect you will. 23 Let's take a quick break then. 24 (Recess taken.) 25 MR. HAND: Q. Mr. Spence, I did after 26 some work find my list of some of the old (800) 5474441 CalN orth Reporting Service (707) 579-4500 publications. Do you recall having access at Chevron in the early or mid-1960s to any of the publications by Patty? A. Yes. MR. BEALE: Patty? MR. HAND: P-a-t-t-y. THE WITNESS: Right. Frank Patty. MR. HAND: Q. Frank Patty's "Industrial Hygiene and Toxicology"? A. Right. We had that. Q. Did you also have access to Drinker and Hatch's, "Industrial Dust"? A. Yes, had that at school, had all of those at school. Q. I'm sorry, what? A. Yes. Q. At school you also had used that as a reference book? A. Yes. Q. And that would have been at Harvard '54-55; is that correct? A. Yes. Q. And also Elkins' publication, "Chemistry of Industrial Toxicology"? A. Yes. (800) 547-4441 CalN orth Reporting Service (707) 579-4500 32 1 Q. Also Brandt's publication, 2 "Industrial Health Engineering"? 3 A. Yes. 4 Q. And wasn't there an early 5 publication by Rutherford Johnstone? 6 A. The name is very familiar, but I 7 can't visualize the book. 8 Q. Do you recall having access to L.T. 9 Fairhaul's, "Industrial Toxicology," publication? 10 A. That's also a familiar name, but I 11 can't visualize the book. 12 Q. The masters degree that you 13 obtained from Harvard in 1955 would have been in 14 industrial hygiene? 15 A. Yes. 16 Q. Do you recallduring thatyear at 17 Harvard studying any information or material on 18 silicosis-producing materials, such as coal or 19 silica? 20 A. Yes. 21 Q. And do yourecallstudying methods 22 of reducing the risk of producing silicosis or 23 similar diseases? 24 A. Yes. 25 Q. And do you recall among those 26 methods of reducing the risk of producing (800) 547-4441 CalN orth Reporting Service (707) 579-4500 33 1 silicosis would be the use of masks and 2 respirators? 3 A. Yes. 4 Q. And do you also recall that another 5 method of reducing the risk of causing silicosis 6 would be a wet-down operation? 7 A. Yes. 8 Q. And, indeed, the use of masks and 9 respirators and wet-down procedures is something 10 you studied generally as regards dust, nuisance 11 dust; is that correct? 12 A. Dust in general. 13 Q. Dust in general.That'scorrect? 14 A. Yes. 15 Q. Do you recall during the year that 16 you were at Harvard any mention whatsoever of 17 asbestos? 18 A. Yes. 19 Q. In what context? 20 A. Being able to look through the 21 microscope and see fibers and different types of 22 asbestos that are more dangerous than others. 23 Q. And did you understand during your 24 studies at Harvard that prolonged exposure to 25 asbestos could produce a disease called 26 asbestosis? (800) 5474441 CalN orth Reporting Service (707) 579-4500 34 1 A. Prolonged and massive, yes. 2 Q. Do you recall any discussion of 3 what trades or occupations were at risk for 4 developing the disease asbestosis? 5 A. Yes. 6 Q. And what trades were they, as you 7 understood it? 8 A. Well, I have to reach. Colored 9 cloth, colored textiles, mining, manufacturing. 10 Q. Plant workers? 11 A. Yes. 12 Q. Would it also include the 13 insulators, people who made their - 14 A. Yes. 15 Q. -- livelihood out of insulating? 16 A. They zeroed in, as I recall, on the 17 shipyards; they were at the peak right then. 18 Q. And people who were applying 19 asbestos-insulating materials to pipes? 20 A. Yes. 21 Q. And boilers? 22 A. Yes, particularly in enclosed 23 places. 24 Q. And do you also recall during your 25 year of study at Harvard a discussion of possible 26 diseases resulting from prolonged exposure to (800) 547-4441 CalN orth Reporting Service (707) 579-4500 35 1 nuisance dust? 2 A. Yes, but I don't specifically -- 3 yes. 4 Q. And do you recall any discussion 5 during your year at Harvard of the possibility 6 that prolonged exposure to asbestos can increase 7 the risk of developing cancer? 8 A. I don't recall that at Harvard. 9 Q. Do you recall that at a later date? 10 A. Yes. 11 Q. When was that? 12 A. I don't know. 13 Q. In what context? 14 A. Well, I don't know how I absorbed 15 it. 16 Q. Do you recall whether it was an 17 article that you read, or a meeting you attended, 18 a discussion you overheard? 19 A. I don't know where I picked that 20 up. 21 Q. After you began your work at 22 Chevron Corporation, were there any industrial 23 hygiene publications that you received on an * 24 ongoing basis, something published a couple of 25 times or several times a year? 26 A. Well, the Industrial Hygiene (800) 6474441 CalN orth Reporting Service (707) 5794500 36 1 Journal, and seemed like we got data sheets. 2 Q. What's a data sheet in that 3 context? 4 A. Well, they could come from 5 anywhere. We were always writing away for data 6 sheets. We would get them from different 7 companies. We would get them from safety 8 organizations, industrial hygiene. 9 Q. A data sheet would tell you the 10 composition of a material? 11 A. And sometimes pretty general, yes. 12 Q. Do you recall any other 13 occupational or trade journals that you received 14 at Chevron Corporation? 15 A. My mind is a blank. We got quite a 16 few of them. I would recognize them, but they 17 don't come to mind right now. 18 Q. When you were at Harvard during 19 your year of study there, did you learn how to 20 perform air sampling? 21 A. Yes. 22 Q. And what did you learn about air 23 sampling? 24 A. We learned the instruments, the 25 equipment, the criteria for evaluating the data; 26 actually did field samples at school. (800) 547*4441 CalN orth Reporting Service (707) 579-4500 37 1 Q. Do you recall whether any of that 2 field sampling included measurements of the 3 presence of asbestos? 4 A. We actually through a microscope 5 measured fibers of asbestos. 6 Q. Had you collected it somewhere? 7 A. No. 8 Q. Where did you understand that 9 asbestos originated from? 10 A. Laboratory samples. 11 Q. You did not, then, during your year 12 of study at Harvard do any air sampling that 13 included measurements for asbestos? 14 A. NO. 15 Q. Did you at any time after that year 16 at Harvard participate in or direct the air 17 sampling that included measurements of asbestos? 18 A. I personally did not. 19 Q. Did you ever direct that other 20 people take air samples of asbestos? 21 A. I don't recall any case. 22 Q. Was there at any time during any of 23 the refinery operations, to the best of your 24 knowledge, any sandblasting that occurred? 25 A. Yes. 26 Q. Did you ever make any (800) 547-4441 CalN orth Reporting Service (707) 579-4500 38 1 recommendations as to health and safety 2 precautions to be followed when persons were 3 engaged in sandblasting? 4 A. I personallydidn't. My staff may 5 have. 6 Q. Would you agree with me that based 7 on the knowledge that you had by the mid-1960s, 8 you would recommend that persons engaged in 9 sandblasting wear masks or respirators when doing 10 so? 11 A. Yes. 12 Q. And would you alsoagree with me 13 that -- well, strike that. 14 Is it your understanding that there were 15 persons working at, and I will call them Chevron 16 refineries, and by that I mean refineries within 17 the Chevron group of companies, whether it's 18 Eastern Operations or Western Operations, or some 19 other unit, but the question is, did you 20 understand that there were persons working at 21 refineries within the Chevron group of companies 22 in either the 1950s or 1960s whose job title was 23 insulator? 24 A. I couldn't answer that. 25 Q. Did you on any occasion prior to 26 1970 visit any of the refineries operated within (600) 547-4441 CalN orth Reporting Service (707) 579-4500 39 1 the Chevron group of companies where you saw 2 persons either applying or removing insulation 3 materials? 4 MR. JACOBS: That's at any time before 5 1970? 6 MR. HAND: Correct. 7 THE WITNESS: I don't recall, but I could 8 have. 9 MR. HAND: Q. Can you give us some 10 idea of the frequency with which you would visit 11 any of the refineries? 12 Let's say during the late 1950s or early 13 1960s, was that something unusual or relatively 14 common, and what frequency are we talking about? 15 A. I would visit the Richmondrefinery 16 three or four times a year. El Segundomaybe one 17 or two times a year in the '50s. 18 Q. And maybe some of the other 19 refineries once in a while? 20 A. Once in a while. My staff might 21 also visit. 22 Q. Were you aware by 1965 that 23 asbestos-containing materials were in use for 24 insulation purposes at any of the refineries? 25 A. I would guess so, yes. 26 Q. You believe so? (800) 547-4441 CalN orth Reporting Service (707) 579-4500 40 1 A. Yes. 2 Q. Do you recall ever providing any 3 guidance to safety engineers at any of the 4 refineries as to when masks and respirators 5 should be used? 6 A. When I came back from Harvard I 7 visited particularly the two big refineries 8 there, and I was impressed that the safety 9 engineers were well up on asbestos and they had 10 active programs which I was pleased with. 11 Q. And as you understood it, they were 12 aware by the mid-1950s of asbestos hazards and 13 were taking appropriate precautions? 14 A. Yes, they had precautionary 15 equipment and wet-down procedures. 16 Q. And as you understood it, they were 17 generally following those procedures? 18 A. Yes. 19 Q. Did you ever recommend to refinery 20 personnel that they investigate the suitability 21 of nonasbestos-insulating materials to be used 22 instead of asbestos-insulating materials? 23 A. I personally don't recall advising 24 them on that. 25 Q. Would you agree with me that it is 26 accepted industrial hygiene principle to (800) 547-4441 CalN orth Reporting Service (707) 579-4500 41 1 substitute nonhazardous materials for hazardous 2 materials to the extent practicable? 3 A. Yes. 4 Q. Are youawarewhether 5 asbestos-containing spray acoustical material was 6 ever applied at any of the refineries? 7 A. No. 8 Q. You were never consulted as to the 9 desirability of applying spray acoustical 10 material, were you? 11 MR. JACOBS: To what? 12 THE WITNESS: No. 13 MR. HAND: Q. Let's say the isomax 14 unit? 15 A. No. 16 Q. Is it also anaccepted principle of 17 industrial hygiene to provide the workers with 18 information as to where hazardous materials are 19 present so that they may take proper precautions? 20 A . Yes. 21 Q. So to theextent thatpersons are 22 engaged in removing asbestos-containing materials 23 in the 1960s, you would encourage that they be 24 told that those materials contained asbestos if 25 it is known? 26 A. Yes. (800) 847-4441 CalN orth Reporting Service (707) 579-4500 42 1 Q. And if one had some uncertainty as 2 to whether material contained asbestos or not in 3 the 1960s, in general, one could request data 4 sheets from the manufacturers; is that correct? 5 A. Yes. 6 Q. Do you have any understanding as to 7 when air sampling for any purpose was ever done 8 prior to 1970 at any of the refineries within the 9 Chevron group of companies? 10 A. Would you restate it, please. 11 Q. Sure. Do you have any 12 understanding as to whether air sampling was ever 13 done for any purpose prior to 1970 at any of the 14 refineries within the Chevron group of companies? 15 A. Oh, yes. 16 Q. For what purpose was air sampling 17 done? 18 A. Off the top of my head I couldn't 19 tell you, but we did it. 20 Q. Do you know whetherthat air 21 sampling was done for -- strike that. 22 Do have any understanding as to whether 23 any of the air sampling was done to measure the 24 level of airborne dust of any sort? 25 A. I would say yes. 26 Q. Do you know whether the results of (800) 5474441 CalN orth Reporting Service (707) 579-4500 43 1 any of that air sampling done prior to 1970 was 2 reported to the Industrial Hygiene Section of the 3 Corporate Safety Division of Chevron Corporation? 4 A. Yes. 5 Q. When you obtained your masters 6 degree in industrial hygiene from Harvard, did 7 you understand that TLVs had been established for 8 asbestos? 9 MR. JACOBS: By whom? 10 MR. HAND: By anyone. 11 THE WITNESS: I am getting confused 12 because I don't know whether TLVs were invoked at 13 that time. t 14 MR. HAND: Q. That's what I am asking. 15 A. I don't remember. 16 Q. Did you understand that - 17 (Counsel and witness confer.) 18 MR. HAND: Q. -- threshold limit 19 values came to be in vogue for asbestos by the 20 early 1960s? 21 A. I don't know. 22 Q. As an industrial hygienist at 23 Chevron Corporation, did you strive to be 24 informed as to the existence of threshold limit 25 values as to any materials that might be present? 26 A. Yes. (800) 547-4441 CalN orth Reporting Service (707) 579-4500 44 1 Q. Within the Chevron companies? 2 A. Yes. 3 Q. Do you know whetherairsampling 4 was ever done at any of the refineries within the 5 Chevron group of companies where the results for 6 asbestos were in excess of five fibers per cubic 7 centimeter? 8 A. I don't recall any. 9 Q. Do yourecall whether air sampling 10 was ever done at any of the refineries within the 11 Chevron group of companies where the results of 12 that air sampling for asbestos exceeded 13 applicable OSHA standards? 14 A. I don't recall any. 15 Q. As the head of industrial hygiene 16 for Chevron Corporation, do you have any opinion 17 as to whether there were any operations at any of 18 the refineries that were likely, at least on 19 occasion, to generate airborne asbestos in excess 20 of five fibers per cc? 21 A. I don't recall any. 22 Q. And I apologize if I go over 23 something that you may have touched on just a few 24 moments ago. 25 MR. JACOBS: James, let me just ask you, 26 when you talk about five fibers per cc, we're (800) 547-4441 CalN orth Reporting Service (707) 579-4500 45 1 talking about an eight-hour time-weighted 2 average, aren't we? 3 MR. HAND: Whatever. Whatever time 4 period, whether you're talking maximum 5 exposure - 6 Q. You were not making any such 7 distinction in your mind, were you, Mr. Spence? 8 A. No. 9 Q. What I was going to apologize for 10 is I don't know if I touched on this quite this 11 way before. 12 Did you ever recommend that air sampling 13 be done at any of the Chevron refineries to 14 determine the levels of asbestos present in the 15 air? 16 A. No. 17 Q. Do you know whether any of the 18 refineries ever received any literature from the 19 API as regards asbestos controls? 20 A. I can't say for sure. They could 21 have. 22 Q. You just don't know one way or the 23 other? 24 A. No. I was not privy to what they 25 received. 26 Q. Do you recall Chevron Corporation (800) 547-4441 CalN orth Reporting Service (707) 579-4500 47 1 issued a material data sheet as regards asbestos 2 at any time prior to 1970? 3 A. Not specifically. 4 Q. As an industrial hygienist, would 5 you agree with me that applying 6 asbestos-containing material in a spray form is 7 likely to produce a higher level of airborne 8 asbestos in that general proximity than applying 9 it in a block form? 10 A. I have no data in which to evaluate 11 that. 12 Q. Did you ever become aware that 13 certain brands of asbestos pipeinsulation 14 contained higher percentages of asbestos than 15 others? 16 A. I have no knowledge of that. 17 Q. As we sit here today, would you 18 have any opinion as to whether persons who are 19 mixing water with an asbestos-containing cement 20 material in order to apply it to elbows or bends 21 in pipes should wear a mask or a respirator 22 because of possible health hazards from that 23 activity? 24 MR. JACOBS: I 'll object to the question 25 as being an incomplete hypothetical. 26 MR. HAND: Q. You may go ahead. (800) 5474441 CalN orth Reporting Service (707) 5794500 48 1 A. Well, any time they have good 2 ventilation it would be advisable still to wear 3 protective equipment. 4 Q. And would your opinion be the same 5 for those persons who are engaged in removal of 6 asbestos-containing pipe and block insulation 7 from vessels and columns? 8 MR. JACOBS: Same objection. 9 THE WITNESS: Same. You wear protective 10 equipment and you also use water spray to knock 11 down the dust, keep it to a minimum. 12 MR. HAND: Q. Did you ever participate 13 in any discussion of whether or not 14 asbestos-containing materials no longer should be 15 used at the refineries? 16 A. No. 17 Q. Did you everparticipate in any 18 discussion of how to monitor refinery activities 19 to make sure that the levels of asbestos in the 20 air level at the refineries did not exceed OSHA 21 standards? 22 A. No. 23 Q. Mr. Spence, do you everrecall 24 seeing a document entitled, and I am only giving 25 you the first page of it, "Dust Producing 26 Operations in the Production of Petroleum (800) 547-4441 CalN orth Reporting Service (707) 579-4500 49 1 Products and Associated Activities"? 2 A. I don't recall it. No, I don't 3 recall it. 4 Q. Let me show you another front page 5 of a document. This is a document entitled, "A 6 Study of Dust Control Methods in an Asbestos 7 fabricating Plant." 8 Do you recall ever seeing this document 9 before? 10 A. NO. 11 Q. Let me show you another one I think 12 you will recall. 13 A . Okay. 14 Q. This one is a memorandum that 15 appears to be addressed to you. 16 A. Stan Dryden worked for me, yeah. 17 Q. I'm sorry. This is from Stan 18 Dryden? 19 A. Yes. 20 Q. This is a July 26, 1972 memorandum, 21 and at the top you have a note in it addressed to 22 what looks like the initials DHB. 23 A. That's corporate safety engineer. 24 Q. Corporate safety engineer. What 25 is -- 26 A. I worked for him. (800) 547-4441 CalN orth Reporting Service (707) 579-4500 50 1 Q. So in 1972 the structure would be 2 you were still head of Industrial Hygiene 3 Section? 4 A. Yes. 5 Q. But above you at the Corporate 6 Safety Division level would be the corporate 7 safety engineer; is that right? 8 A. Yes. 9 Q. Well, that's something we didn't 10 talk about actually. Let's go back to 1955. We 11 have these three sections within the Corporate 12 Safety Division? 13 A. Right. 14 Q. How was the Corporate Safety 15 Division staffed in 19 - 16 A. There was a manager of safety and I 17 reported to him; my section reported to him. 18 Q. What were the other professional 19 positions, as best you can recall them, within 20 the Corporate Safety Division? 21 A. There was Corporate Safety and 22 Worker's Compensation. 23 Q. And then in 1972 was there still a 24 manager of safety? 25 A. Yes, still the same organization. 26 Q. But you just referred to that same (800) 5474441 CalN orth Reporting Service (707) 579-4500 51 1 individual a moment ago as the corporate safety 2 engineer. 3 A. The manager of safety. 4 Q. It's all the same? 5 A. Yes, still the same person. 6 Q. Who was that manager for the 7 corporation of safety? 8 A. At what time? 9 Q. Let's take 1955. 10 A. Mike -- no. Donovan, but he died 11 within a few months, so it would have been Mike 12 Lovejoy. 13 Q. And who was it in 1972? It was 14 DHB? 15 A. Dan Barber. 16 Q. Would you agree with me based on 17 your knowledge of industrial hygiene by the early 18 1960s that those persons with substantial 19 exposure to asbestos should either wear 20 disposable clothing or at least clothing that 21 they would not take home with them? 22 MR. JACOBS: What time period are we 23 talking about now? 24 MR. HAND: By the mid-1960s. 25 THE WITNESS: I don't know. I wasn't in 26 that close contact with the problem. (800) 5474441 CalN orth Reporting Service (707) 579-4500 52 1 MR. HAND: Q. Was that a principle of 2 industrial hygiene that you were familiar with by 3 the 1960s, that those persons who come into 4 contact with hazardous materials should in 5 general try to avoid taking those materials home 6 with them; that is, they should either have 7 special work clothing that is disposable or at 8 least left behind at the work site? 9 MR. JACOBS: 1*11 - 10 THE WITNESS: I can't advise. 11 MR. JACOBS: Let me object to the 12 question first. The question is vague with 13 respect to "hazardous materials." 14 MR. HAND: Q. You may go ahead. 15 A. I can't answer that because it 16 depends on the material and what the hazard is, 17 degree of hazard, and the chance for contact. 18 Q. Would you agree with me that by the 19 mid-1960s, as a prudent industrial hygienist, you 20 would recommend that asbestos-insulating 21 materials being removed from pipes and vessels 22 and columns should be discarded in sealed 23 containers? 24 A. I don't -- I can't give you an 25 answer to that. I don't know. 26 Q. You don't have enough information? (800) 547-4441 CALNORTH REPORTING SERVICE (707) 579-4500 53 1 A. Yeah, I don't know. Depends on 2 how -- no, there are too many parameters. I 3 can't give you an answer. 4 Q. In order to have more information 5 to be able to give industrial hygiene 6 recommendations, would you recommend that air 7 sampling be done to determine the amount of 8 asbestos present in the air from such activities? 9 A. If it seemed to indicate it in a 10 specific situation that it could be a problem. 11 We relied heavily on the safety engineer's 12 opinion as to the field situation. 13 Q. Do you recall providing those 14 safety engineers with any education, any 15 information, as to possible hazards involved with 16 asbestos materials? 17 A. They already had that information. 18 Q. And they received that from what 19 sources? 20 A. From -- 21 MR. JACOBS: Asked and answered. 22 THE WITNESS: From safety -- what is it? 23 The National Safety, what do you call it, 24 Counsel. 25 They also had API committees on safety 26 which they dealt with all these materials, too. (800) 547-4441 CALNORTH REPORTING SERVICE (707) 579-4500 54 1 MR. HAND: Q. Well, that would be a 2 committee separate and apart from the Medical 3 Advisory Committee and the subcommittees? 4 /A. Yes. 5 Q. So there was also some safety 6 committee within the API? 7 A. Yes. 8 Q. Do you recall the name of that 9 committee? 10 A. I would just guess it's Safety 11 Committee. 12 Q. Did you ever go to any meetings of 13 the Safety Committee or any subcommittees of the 14 Safety Committee? 15 A. Not that I recall. I may have been 16 invited once to talk on noise, but I am not sure 17 of that. 18 Q. As regards noise, did you ever 19 recommend that acoustical insulation materials be 20 used at the refineries to reduce noise hazards? 21 MR. JACOBS: I'll object to the term 22 "acoustical insulation materials" as vague and 23 ambiguous. 24 MR. HAND: Q. You may go ahead. 25 A. I do not recall recommending any 26 asbestos-containing materials be used for (800) 547*4441 CalN orth Reporting Service (707) 579*4500 55 1 acoustical control. 2 Q. So it's also safe to say, and I 3 think we had addressed this earlier, that you 4 were not aware of the use of any 5 asbestos-containing acoustical-containing 6 materials at the refineries; is that correct? 7 MR. JACOBS: Asked and answered. 8 THE WITNESS: No. Pardon? 9 MR. JACOBS: Asked and answered. He 10 already asked you, and you already answered that. 11 MR. HAND: Q. As regards the other 12 question, so that we can pin this down just a 13 little bit more, did you ever recommend that 14 acoustical insulation materials - 15 A. Yes. 16 Q. - - b e used at any of the 17 refineries? 18 A. Yes. 19 Q. And as part of those 20 recommendations, do you recall specifically 21 recommending that asbestos materials not be used 22 for acoustical purposes? 23 A. I don't recall. Normally I would 24 recommend things like fiberglass. 25 Q. Do you recall whether fiberglass 26 could be sprayed? (800)647-4441 CALNORTH REPORTING SERVICE (707)570-4500 56 1 A. No. 2 Q. Would youagree with methat as a 3 principle of industrial hygiene, employees of 4 independent contractors who do work at the 5 refineries and who may come into contact with 6 hazardous materials should be told where those 7 materials are present? 8 A. Yes. 9 Q. Was it yourunderstanding - 10 (Counsel and witness confer.) 11 MR. HAND: Q. What I was about to ask 12 was, was it your understanding that by 1965 that 13 the respirators with filters were generally more 14 effective in reducing the amount of dust inhaled 15 than disposable so-called paper masks? 16 MR. JACOBS: Object to the question in 17 that your description of the respirators is 18 vague. 19 MR. HAND: Q. Go ahead. 20 A. I have no time frame with which to 21 evaluate the effectiveness of the respirator 22 protection. 23 Q. Did you ever participate in or make 24 recommendations as regards the efficacy of 25 various types of respiratory protection? 26 A. I personally have not. (800) 547-4441 CalN orth Reporting Service (707) 579-4500 57 1 Q. Did you ever attempt to find out 2 what levels of airborne asbestos were present at 3 any of the refineries? 4 A. I personally made no studies 5 either. 6 Q. And did you ever recommend that 7 each of the refineries make such a study? 8 A. No. 9 Q. Do you have any idea or any 10 understanding as to whether each of the 11 refineries ever did make such a study? 12 A. No. 13 (Counsel and witness confer.) 14 MR. HAND: Q. Did you ever receive 15 from any of the other oil companies, other than 16 through the API, any industrial hygiene 17 information? 18 A. Yes. 19 Q. Justin a very generalsense, what 20 was the nature of that information that you 21 recall? 22 A. WhenI got out ofHarvard Ivisited 23 Exxon and Mobile -- Mobile or a couple of them, 24 and they already had industrial hygienists; so 25 they filled me in on what they had found in 26 general would be problem areas that I would be (800) 547-4441 CalN orth Reporting Service (707) 579-4500 58 1 Interested in. 2 Q. Was Exxon generally regarded by the 3 late 1950s as the leader in industrial hygiene 4 among the oil companies? 5 A. Yes. 6 Q. You must have met James Hammond? 7 A. Oh, yes. 8 Q. Before you became an industrial 9 hygienist at Chevron, was there anyone present at 10 Chevron that you understood was providing 11 industrial hygiene information for the 12 refineries? 13 A. The safety engineers were keeping 14 up, to a certain extent, in industrial hygiene 15 problems. 16 Q. The safety engineers at the 17 individual refineries? 18 A. Yes, at Chevron Chemical. They're 19 the ones that put pressure on the corporation to 20 set somebody up to help them technically. 21 Q. Do you have any understanding as to 22 whether these plant safety engineers by the mid- 23 and late 1950s generally had any formal training 24 in industrial hygiene? 25 A. I don't know. They would probably 26 get some training through API at maybe their (800) 547-4441 CALNORTH REPORTING SERVICE (707) 579-4500 59 1 general meetings on industrial hygiene. 2 Q. That would be trainingthrough 3 these Safety Committee meetings? 4 A. Possibly. 5 Q. Any other training through the API? 6 A. Not that I know of. 7 MR. JACOBS: What time period are we 8 talking about, James? 9 MR. HAND: In the 1950s? 10 THE WITNESS: Early '50s. 11 (Counsel and witness confer.) 12 MR. HAND: Q. Do you recall - 13 A. Yeah, I don't -- I think the 14 discipline really in the petroleum industry was 15 just emerging '50, '55. 16 Q. What's the nature of the training 17 the API provided in health and safety to safety 18 engineers during the 1960s, as best you 19 understand it? Only through the safety committee 20 meetings? 21 A. I don't -- I really don't know. 22 THE WITNESS: Is it conceivable we can 23 have a five-minute break? 24 MR. HAND: Yes. And I think we'll be 25 ready to finish soon. 26 (Recess taken.) (800) 547-4441 CalN orth Reporting Service (707) 579-4500 60 1 MR. HAND: Q. Let's pick up again. 2 When you first began your work, Mr. Spence, at 3 Chevron, was there a medical director there? 4 A. Yes. 5 Q. I hope I didn't ask this before. 6 Who was that medical director? 7 A. Lee Curtis. 8 Q. And you understood that Mr. Curtis 9 was a medical doctor? 10 A. Oh, yes. 11 Q. And all subsequent medical 12 directors you understood were medical doctors? 13 A. Yes. 14 Q. Do you have any opinion as to 15 whether they would have received publications, 16 the publication entitled, "American Medical 17 Association Journal"? 18 A. Pardon me? 19 MR. JACOBS: The AMA Journal? 20 MR. HAND: Yes. 21 Q. Do you have any understanding as to 22 whether those persons as medical doctors would 23 have received the AMA Journal? 24 MR. JACOBS: Objection, calls for 25 speculation. 26 THE WITNESS: I would just have to <800) 547-4441 CalN orth Reporting Service (707) 579-4500 61 1 speculate that they got it, but I didn't see it. 2 MR. HAND: Q. That's fine. 3 In terms of some of the long-time 4 industrial hygienists at other oil companies, 5 there was a fellow at Phillips named Lucian? 6 A. Lucian Renes. 7 Q. Who was an industrial hygienist? 8 A. Yes. 9 Q. Do you recall who was a long-time 10 industrial hygienist at Shell? 11 A. Charlie Hine is an MT. He really 12 did that initially. It was a year later that 13 they got an industrial hygienist. 14 Q. Shell did not establish an 15 Industrial Hygiene Department as early as 16 Phillips and Chevron; is that correct? 17 A. That's my understanding. 18 Q. Besides James Hammond, were there 19 other long-time industrial hygienists at Exxon 20 that you dealt with? 21 A. Nathan Van Hendricks was the 22 corporate head. 23 Q. He was the corporate what? 24 A. Corporate head industrial 25 hygienist. 26 Q. Do you know whether Mr. Van (800) 5474441 CalN orth Reporting Service (707) 5794500 62 1 Hendricks is still alive? 2 A. Best of my knowledge he is. I 3 think he lives in Georgia. 4 Q. Retired from Exxon? 5 A. Oh, yes. 6 Q. Did you ever have anydealings with 7 anyone in industrial hygiene from Tosco? 8 A. I don't recall his name. He wasn't 9 in the early years. 10 Q. Which other oil companies had 11 industrial hygienists back in the '50s or early 12 '60s? 13 A. Bill Rheinhart who was SOCONY. 14 SOCONY merged with Mobile. Art Pabst was Mobile. 15 Q. How about Texaco? 16 A. I knew that was coming. I could 17 see his face. Excuse me. Don't write all that 18 down. I don't recall. 19 Q. Can you recall the names of any of 20 the industrial hygienists at any of the other oil 21 companies, other than the ones we have just 22 mentioned, in the '50s or early '60s? 23 A. No. 24 Q. After you obtained your masters 25 degree from Harvard, did you ever attend any 26 meetings of any sort where asbestos was (800) 647-4441 CALNORTH REPORTING SERVICE (707) 579-4500 63 1 discussed, any professional meetings? 2 A. I don't recall. I could have, but 3 I don't recall them. 4 Q. Give me just a moment, I may be 5 finished. 6 MR. HAND: Does anybody else have any 7 questions? If somebody wants to ask a few before 8 I finish, that's fine. 9 10 EXAMINATION 11 BY MR. BEALE: Q. I am Robert Beale. 12 I have a couple of names. There is some 13 names you said. There was Bill Rheinhart at 14 Mobile? 15 A. No. NO. 16 Q. What did you say? You went through 17 some names real fast. 18 A. Did I say Bill Rheinhart? 19 MR. HAND: At SOCONY. 20 THE WITNESS: That's wrong. Bill 21 Rheinhart worked for me. Bill was at Harvard 22 with me. 23 I'm sorry, I can't remember his last 24 name, but Bill Rheinhart is wrong. Thank you for 25 bringing that up. 26 Q. He worked for you at Chevron. (800) 5474441 CalN orth Reporting Service (707) 579-4500 64 1 And then you mentioned an Art Pabst? 2 A. Pabst, P-a-b-s-t. 3 Q. Like the beer people? 4 A. I guess so. 5 Q. And he worked at where? 6 A. He was Mobile. 7 Q. So then at Phillips you said Lucian 8 Renes? 9 A. Lucian Renes.R-e-n-e-s, I think. 10 Q. And at Shell? 11 A. Charlie Hine. Dr. Charlie Hine. 12 Q. How do you spell his name? 13 A. H-i-n-e. 14 Q. Just trying to get the names. 15 Thanks. 16 MR. JACOBS: James? 17 18 FURTHER EXAMINATION 19 BY MR. HAND: Q. Were you aware, Mr. 20 Spence, that at times in the past Chevron made 21 some products that contained asbestos in them? 22 A. I think -- yes. 23 Q. Were you ever consulted with 24 respect to what precautions should be taken when 25 handling the asbestos that would go into those 26 products? (800) 547-4441 CalN orth Reporting Service (707) 579-4500 65 1 A. Specifically, I don't recall it; 2 however, 1 would expect we would have had 3 somebody looking at it, asbestos into asphalt. 4 Q. And you don't recall what 5 precautions were taken to minimize the risk of 6 adverse health consequences for those persons 7 working with the asbestos? 8 A. I wasn't involved. 9 Q. You similarly were not involved in 10 the decision to cease manufacturing 11 asbestos-containing products, were you? 12 A. I would have no authority to do 13 that. 14 Q. Were you consulted at all? 15 A. I don't recall. 16 Q. Do you recall any discussionswith 17 industrial hygienists from other oil companies as 18 regards whether or not there were health hazards 19 in refinery operations from any of the materials 20 being used? 21 MR. JACOBS: Wait a second. 22 MR. HAND: Q. In other words, for 23 instance, did you - 24 A. Pardon me just a minute. 25 MR. JACOBS: Let me object to the 26 question as being ridiculously overbroad, (800) 5474441 CalN orth Reporting Service (707) 5794500 66 1 terribly vague, wonderfully ambiguous and 2 marvelously obscene. 3 Can you answer the question? 4 THE WITNESS: I didn't even hear it 5 because my mind was going back to Texaco. Alan 6 Duley. When you get older there is always a lag. 7 MR. HAND: Q. Well said. For some of 8 us younger ones there is often a lag also. 9 A. Wait until you get down to my age 10 and see how long your lag is. 11 Q. Well, the question was, in effect, 12 do you ever recall discussing with someone like 13 Mr. Duly, 'Do we have a problem with such and 14 such a chemical? We use it in our refinery 15 operations, do we have a problem or do we not 16 have a problem? And if we do have a problem, 17 what are we going to do about it?' 18 A. We always do that. That's the 19 reason we get together to try and help each 20 other. 21 Q. With the API? 22 A. Yes. 23 Q. And do you recall meetings with any 24 of the other industrial hygienists outside the 25 API? 26 A. Yes. (800) 547-4441 CALNORTH REPORTING SERVICE (707) 579-4500 67 1 Q. Call them up on the telephone? 2 A. Yes. 3 MR. HAND: Thanks, Mr. Spence. I have 4 nothing further. 5 (Deposition concluded at approximately 6 5:30 p.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (800) 5474441 CalN orth Reporting Service (707) 5794500 68 1 REPORTER'S CERTIFICATE 2 STATE OF CALIFORNIA ) 3 COUNTY OF SONOMA ) 4 I, CYNTHIA MANNING, a Certified Shorthand 5 Reporter in and for the State of California, do 6 hereby certify: 7 That JOHN A. SPENCE, witness in the foregoing 8 deposition was by me first duly sworn to testify to 9 the truth in the within-entitled cause; 10 That said deposition was reported at the time 11 and place therein stated by me, CSR No. 7645, and 12 thereafter transcribed under my direction; after 13 which, the witness was afforded the opportunity to 14 read, correct and sign the deposition; 15 That if unsigned by the witness, the witness 16 shall not have availed himself of the opportunity to 17 sign, or the signature has been waived. 18 I further certify that I am not interested in 19 the outcome of said action, nor connected with, nor 20 related to any of the parties in said action, or to 21 their respective counsel. 22 IN WITNESS WHEREOF, I have hereunto set my 23 hand t h i s _______ day o f _______________, 1991. 24 25 26 (800) 547-4441 C a lNORTH REPORTING SERVICE (707) 579-4500 69 1 DECLARATION OF WITNESS 2 3 I, JOHN A. SPENCE, hereby declare that I have 4 read the foregoing testimony on Pages 1 to 141 5 inclusive, and the same is a true and correct 6 transcript of my said testimony, except as I have 7 corrected any answer in ink, initialed such 8 correction, and stated on the margin my reason for 9 making same. 10 11 12 13 1. ( ) The Deponent failed to appear to read, 14 correct, or sign his/her deposition. 15 16 2. ( ) The Deponent refused to read,, review, 17 or sign his/her deposition for the 18 following reason(s): 19 20 21 22 23 3. ( ) The Deponent approved his deposition 24 by letter (with) or (without) 25 corrections, attached hereto and made 26 a part of this deposition herein. (800) 547-4441 CalN orth Reporting Service (707) 579-4500